Protect free speech for councillors

You may remember Councillor King Lawal who was cancelled by several organisations for tweeting a Biblical perspective on Pride and LGBT issues. He was even suspended by the Conservative Party, but later reinstated with support from the Christian Legal Centre.

His colleague Anthony Stevens was also arrested by police when he shared his support for King on social media.

Furthermore, dozens of local councils have formally adopted the APPG Definition of Islamophobia which serves to restrict free speech in relation to Islam. Councils need to be told to abandon this notorious definition.

It is clear that free speech for councillors is under threat and needs protecting.

The government is currently carrying out a consultation on the standards and conduct framework for local authorities in England. This is an opportunity to tell the government that councils should protect the free speech of councillors and should not adopt the APPG definition of Islamophobia.

The consultation is open to members of the public and closes on Wednesday 26th February.

You can access the consultation here: https://consult.communities.gov.uk/local-government-standards-and-conduct/strengthening-the-standards-and-conduct-framework/

Points to make

There is no need to answer every question. There are 40 questions altogether, but we are only proposing responses to 3 of the questions.

Question 1 asks “In what capacity are you responding to this consultation?” Unless you are a council official, you should tick the box for “A member of the public”

Question 10 asks “If you have further views on ensuring fairness and objectivity and reducing incidences of vexatious complaints, please use the free text box below.”

This is where you can make points about free speech for councillors.

We suggest you make some of the following points in your own words:

• Any new standards of conduct for local authorities must ensure the freedom of expression is protected for councillors and all other public officials.
• Freedom of expression is fundamental to a properly functioning democracy.
• Political speech has the highest level of protection under Article 10 of the European Convention on Human Rights (ECHR) incorporated into UK law via the Human Rights Act 1998.
• The case of R v Thomas Casserly [2024] EWCA Crim 25 emphasised that local authorities should not suppress lawful political expression. Indeed, public officials must tolerate robust and even offensive speech in political discourse.
• Councillors are elected representatives who must be free to express their political or religious viewpoints and to challenge contemporary culture or prevailing orthodoxy without fear of sanction.
• Too many local councils have adopted the notorious APPG definition of Islamophobia which serves to restrict freedom of expression in relation to Islam. No local authority should adopt a definition of Islamophobia which serves to restrict free speech in this way.
• The government recently admitted that the APPG definition of Islamophobia is in conflict with the Equality Act. This means that councils that have adopted this definition are now acting in breach of the Equality Act.
• Any code of conduct should not incorporate this definition of Islamophobia.
• Any code of conduct should ensure that councillors are fully protected in exercising their freedom of expression to the fullest extent within the law.
• Any disciplinary process must require due regard to be given to the importance of freedom of expression for councillors .
• Any proposed standards or codes of conduct should be subject to public consultation so as to ensure that communities represented have a say in shaping any rules that may govern local democracy.

Question 11 asks “Should local authorities be required to publish annually a list of allegations of code of conduct breaches, and any investigation outcomes?”

We suggest you check the box for: “Yes- the public should have full access to all allegations and investigation outcomes.”

There should be full transparency about the nature of any allegations and what has been done to investigate them.

By supporting free speech for councillors, you are particularly supporting Christians whose views are wrongly labelled as hate speech. Thank you for taking action.