Written evidence from the Equality and Human Rights Commission (DFF0019)
Barriers to political participation 5
The Equality and Human Rights Commission (the Commission) has been given powers by Parliament to advise Government on the equality and human rights implications of laws and proposed laws and to publish information or provide advice, including to Parliament, on any matter related to equality, diversity and human rights.
The right to express views and ideas freely, without fear of interference or persecution, is an essential part of democracy. Respectful debate and conversation helps us challenge discrimination, intolerant and harmful attitudes, and build strong, positive communities. Participation in democratic processes is also vital for enabling people to contribute their views on how society should be governed and ensuring that public policy reflects and addresses the needs of our diverse country.
While we are not able to respond to the specific questions raised, we believe that a brief summary of our recent activity on related matters will be of assistance to the Committee in framing the particular issues relating to democracy, free speech and freedom of association.
One of our core priorities in 2018 was to create conditions to remove the barriers facing under-represented groups when standing for election. In Scotland, we undertook research into the barriers experienced by under-represented groups standing for election in local councils. This identified particular issues in relation to harassment and abuse, and failures on the part of political parties to provide support to affected individuals, or to address inappropriate or unlawful behaviour by members. Similar research for candidates in Wales is due to be published later this year and will be shared with the Committee when available.
This submission highlights some of the key findings and recommendations from our recent work, which may help the Committee in contextualising its inquiry questions. The Committee may also find it helpful to refer to our submission to the Committee on Standards in Public Life (CSPL)[1] which also sets out our position in relation to freedom of expression, hate crime and political participation.
Our recent guidance[2] set out the parameters of freedom of expression within the higher education context, in response to increased concerns about a chilling effect on freedom of speech as a result of various Government and student union policies, and a lack of clear, comprehensive guidance.
In this guidance we set out a number of principles which are relevant to the Committee’s line of inquiry, and which echo those in our earlier guide for political parties on equality and human rights law during election periods: [3]
In simple terms, the right to freedom of expression does not justify incitement to racial or religious violence or hatred, or other unlawful conduct. An individual’s right to express themselves must be balanced against the rights and freedoms of others.
Barriers to political participation
There is a range of evidence indicating that candidates’ experiences of abuse, harassment and other unlawful behaviours impacts on their ability and willingness to participate in the political process. Positive cultural and attitudinal behaviours are fundamental to the involvement and progression of under-represented groups in democratic processes.
Commission research into the experiences of local councillors in Scotland:
Our 2019 research[4] identified a number of barriers faced by individuals standing as local councillors in Scotland. A significant proportion of respondents had experienced unwanted behaviour, such as racism or harassment, which they had found to be humiliating, offensive or intimidating.
Respondents, particularly women, felt that there were failures on the part of political parties to ensure that cultures and behaviours met the standards set out in formal rules, and that this was a potential barrier to their participation and progression.
Feedback also suggested that parties need to do more in response to reports of discrimination, harassment or inappropriate behaviour, as a failure to respond, or a poor response (whether addressed formally or informally) was also a barrier to those who have faced discrimination continuing to be involved in parties and progressing as far as they wish to.
Similar research on the main challenges to political participation and representation in Wales is due to be published later this year.[5] In addition to cultural and attitudinal barriers, research participants also raised the issue of online abuse.
Participants acknowledged that being an elected representative attracts scrutiny, but believed that they faced far higher levels of scrutiny, particularly on social media, and experienced persistent online abuse, as a result of their protected characteristic. As such, we will be recommending that political parties work with members to develop robust systems to support candidates and potential candidates who are victims of online or offline abuse and harassment.
Colleagues from the Wales Commission also submitted evidence to the Welsh Assembly’s review into diversity in local government. The Assembly’s recommendations[6] in relation to the role Government and social media companies should play may also be of interest to the Committee.
Conclusion
There is a tension between the right to freedom of expression and protest and the potential negative impact on individuals, leading to disengagement or unwillingness to participate in democratic processes for fear of censure or abuse.
In our original submission to the CSPL we noted that behaviour within Parliament could potentially normalise or create a permissive environment for offensive speech and abuse of individuals more widely. As such, in addition to initiatives underway by Governments to work with social media companies to address online harms, parliaments and political parties should provide clear standards and processes setting out the support available so that individuals are not deterred from democratic participation for fear of abuse or mistreatment.
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. Find out more about the Commission’s work at our website.
[1] Submission to the Committee on Standards in Public Life's inquiry into the intimidation and abuse of MPs, Equality and Human Rights Commission 2017.
[2] Freedom of expression: a guide for higher education providers and students unions in England, Equality and Human Rights Commission 2019.
[3] Equality and human rights law during an election period, Equality and Human Rights Commission 2017.
[4] Barriers to participation in standing for election to local government in Scotland, Equality and Human Rights Commission 2019.
[5] Political participation and representation in local government (title tbc), Equality and Human Rights Commission.
[6] Diversity in Local Government Report, Welsh Assembly 2018.