The curious incident of the lack of Diversity

Bristol University deemed me 'high risk' if I was allowed to speak to its students. Have Universities really learned nothing from the recent (expensive) lessons about freedom of speech?

On 24th January 2024 I was delighted to be invited by the Bristol University Bar Society to speak to its members on 14th February 2024 about ‘Diversity at the Bar’ Indeed, how could I have resisted such a flattering overture?

Diversity and inclusion at the Bar has been at the forefront of our society’s mission in supporting our members to overcome the barriers that can stand in the way of a career at the Bar.

Your inspiring practice as well as your continuous support of our society has been extremely valuable, which is why we would be very honoured to welcome you as a speaker at this talk!

I accepted on 25th January with one caveat

I would be delighted to accept, so long as you understand that I do have some negative perceptions of the overall effectiveness of EDI policies and frameworks – particularly with regards to an emphasis on performance rather than substance, and a drive from some to exclude diversity of political opinion from the process.

Provided you are willing to allow me to express my views in this regard, then I am very happy to accept your invitation.  The focus of my talk would be of course on the challenges a disability presents and how to meet those challenges, but I am not willing to discuss EDI frameworks without reference to what I at least perceive to be some of its serious failings.

This was no problem. The event had to be rescheduled to February 13th following fears that the lure of Valentine’s Day might diminish our audience. No problems there. However, on 10th February I was emailed by the Bar Soc in the following terms

I’m awfully sorry, our Social Sec has made me aware that the Student Union services have now said that they need 3 weeks to discuss having the talk due to the ‘sensitivities’ of a talk on diversity and that they will need security for the talk. None is available on the day.

We are very keen on holding the talk as diversity at the Bar is very important to our society.

I replied to say that I was very open to re-arranging the event but had a little bet with myself that it would now never happen. In order to secure that I won my bet with myself, I made a Data Subject Access Request of Bristol University, to see just what they were stupid enough to set out in disclosable emails. I was not remotely surprised by what came back, but still angry and shocked. What was most disappointing was the successful ‘leaning’ on the Bristol Bar Soc who despite their earlier recognition of my ‘inspiring practice’, conceded that they probably wouldn’t invite me back - presumably now they had been properly ‘educated’.

I suppose I should be grateful that at least this time I wasn’t considered a terrorist threat - as Northumbria University briefly did in June 2022 when it unlawfully quarantined my emails to an academic organising a conference regarding hate speech. But it seems clear from the below that the claimed lack of notice was simply a smoke screen for the real concern - that my lawful and protected political speech that sex is real and it matters, would be considered so provocative and dangerous that students would react with violence and therefore I could not be heard. Not even to speak about my experiences as a disabled barrister, which presumably would have been of some benefit and interest to disabled students at Bristol, who were considering a career at the Bar.

Not only has case after case confirmed since 2021 that discrimination against ‘gender critical’ views is unlawful and a disproportionate breach of article 10 ECHR but a University has statutory obligations to protect freedom of speech pursuant to the Higher Education (Freedom of Speech) Act 2023. The Government described the Act in the following terms

The historic legislation will establish a new free speech complaints system, while also strengthening the legal duties on higher education providers in England to protect and promote freedom of speech on campuses up and down the country, for students, staff and visiting speakers.

There can now be no excuse whatsoever for any institute of higher education to be ignorant of the importance of freedom of speech. Free speech is not merely core to the purpose of any such organisation but it is fundamental to our democracy. If any University is continuing to send a message to its student body that the way to deal with ideas and opinions you don’t like, is to threaten violence until they go away, then I am grateful that I am likely to be dead before these students assume positions of power as law and policy makers, or as our Judges. I do not think anyone will benefit from the society they seem so eager to create.

My physical disability has indeed been a blight on my life. It has denied me many opportunities I would have loved to take, it has made many activities that others take for granted, difficult and painful. But I am very glad that I was not afflicted by a disability even more serious and corrosive; a deficit in the ability to think or to defend my thoughts, a crippling inability to distinguish disagreement from personal attack or genocide.

So Bristol University Bar Society don’t want me back. Fine by me. I have given a lot of my time for free over the years to a variety of student escapades, judged their moots and sat through their ‘networking dinners’, not with any hope or expectation of enjoyment but to give something back, mindful of the professionals who 30 years ago sat through my interminable moots and debates with no doubt gritted teeth, because it is important that the older generation share insights and experiences with the younger. It’s important that we try to make their path a little easier, even if by showing them what not to do.

But I won’t be giving any more of my time and my experience, or at least not to any organisation that shows such a dangerous contempt for its own core purpose. I wish the students well. But sooner than they think, they will come up against people and situations that they can’t riot their way out of. I wish them all the luck in the world and I hope they enjoy the Brave New World of their creation.

Right. I’m off to DSAR the Student Union. Which should be even more entertaining. Watch this space!