Rayner faces legal challenge over ‘secret' Islamophobia talks
The Free Speech Union (FSU) said the process would rubber-stamp a controversial definition of Islamophobia, which Labour would then adopt. The definition, which treats Islamophobia as a type of racism, has been criticised for being too widely drawn.
The FSU has written to the Deputy Prime Minister expressing concern the new definition is being drawn up behind closed doors.
The definition, which treats Islamophobia as a type of racism, has been criticised for being so expansive that it could threaten free speech, act as a de facto blasphemy law, and stifle legitimate criticism of Islam as a religion.
Lord Young of Acton, the FSU's director, said: 'The Free Speech Union is concerned that the rush to proscribe 'Islamophobia' will have a chilling effect on free speech.
'If the Deputy Prime Minister presses ahead, we won't hesitate to bring a judicial review in the High Court, as we have with other decisions of this Government.'
In his letter, Lord Young said the consultation questions appeared 'heavily weighted' in favour of a 'predetermined outcome', endorsing a definition 'closely aligned' with that put forward by the all party parliamentary group (APPG) on British Muslims.
This was adopted by Labour and stated that 'Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.'
Lord Young said: 'The consultation questions appear exclusively focused on justifying the adoption of a standard definition of Islamophobia, and on exploring the extent to which Islamophobia should be classified as a form of racism.
'There are no questions inviting concerns about potential impacts on the right to freedom of speech, nor does the call for evidence actively seek out alternative perspectives.'
Key groups that would challenge the impact on free speech and provide alternative views had not been invited to submit evidence – such as Christian Concern, The Christian Institute, Adam Smith Institute, and Equality and Human Rights Commission, said Lord Young.
'Non-transparency and avoidance of accountability'
Most – if not all – of the five members of the working group had explicitly supported the controversial APPG definition of Islamophobia, including its chair Dominic Grieve, the former attorney general, who wrote a foreword for the APPG report.
Lord Young expressed concern that the working group's advice to ministers will be kept secret. 'Any attempt to refuse to disclose advice from the working group will indicate that scrutiny is not welcome on a topic that is fundamental to social cohesion and the rights of citizens,' he said.
'Any apparent or perceived bias will undermine confidence in the working group's advice, which will be further exacerbated in circumstances where the advice is not published.'
Lord Young warned the secrecy and apparent exclusion of groups from the consultation risked breaching the Government's principles and engagement standards, which govern the working group. 'Non-transparency and avoidance of accountability will undermine the legitimacy of the working group,' he added.
Mr Grieve has previously accepted that 'defining Islamophobia is extremely difficult for perfectly valid reasons relating to freedom of expression'.
However, he said it was also clear that 'perfectly law-abiding Muslims going about their business and well-integrated into society are suffering discrimination and abuse'.
Anti-Muslim hate surged to record levels last year, according to Tell Mama, an organisation tracking Islamophobia. It confirmed almost 6,000 reports as anti-Muslim incidents, more than double the number two years ago, with men targeted more than women for the first time since the body was founded in 2012.
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