Lord Skidelsky
To ask His Majesty’s Government what assessment they have made of the letter to the Secretary of State for Education, signed by more than 350 academics and campaigners, calling for a free-speech complaints scheme run by the Office for Students.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, the Government are absolutely committed to freedom of speech and academic freedom. I can confirm that the Secretary of State and I have considered the letter and the concerns raised in it, and I had the opportunity to meet with and hear from many of the signatories. While I cannot comment on the future legislative programme, our commitment to the complaints scheme has been clearly set out. We will act to protect freedom of speech and academic freedom, and we are considering options.
Lord Skidelsky (CB)
I thank the Minister for her reply. Can she please explain why a complaints scheme has not yet been introduced, despite the Government’s promise set out in the Department for Education policy paper published in June 2025 to
“seek a legislative vehicle at the earliest opportunity”?
Do the Government have a timetable for legislation to amend and implement the Higher Education (Freedom of Speech) Act to achieve that purpose?
Baroness Smith of Malvern (Lab)
As I made clear in my Answer, we have committed to introducing the revised complaints process. It is normal practice not to comment on future legislative opportunities. However, I assure the noble Lord that we are making progress with this. I expect us to be able to introduce the amended complaints scheme sooner rather than later.
Lord Young of Acton (Con)
My Lords, I declare my interest as director of the Free Speech Union. The Minister has said in the past that the complaints scheme provided for in Section 8 of the Higher Education (Freedom of Speech) Act 2023 has not yet been introduced because the Secretary of State wants to amend the scheme to prevent students being able to submit complaints to the Office for Students about their speech being unlawfully interfered with, and that the only way to introduce the revised scheme, as the noble Lord said, would be via an amendment to a suitable legislative vehicle, and said vehicle has yet to hove into view. However, I have been told by a senior parliamentary official in response to a question that I submitted to the Library that the Government could, via secondary legislation, partially commence Section 8 in a way that meets the Secretary of State’s concerns. There is no constitutional reason why this has to be done by primary legislation. Why has it not been done yet?
Baroness Smith of Malvern (Lab)
Students can already express complaints through the Office of the Independent Adjudicator. The plan for the complaints scheme was that it should focus on staff, visiting speakers and members. The noble Lord has talked to me about his alternative proposal. It is one that, along with other options, we are considering.
Lord Mohammed of Tinsley (LD)
My Lords, if freedom of expression is a priority for this Government, why have they not considered short, stand-alone legislation, similar to the medical training Bill that we will debate later this afternoon, so that any issues could be resolved quickly and not leave academics in legal limbo for years to come?
Baroness Smith of Malvern (Lab)
We will not be leaving academics in legal limbo. Freedom of speech is undoubtedly a priority for this Government. It was a Labour Government who first enshrined freedom of expression in law through the Human Rights Act.
Baroness Barran (Con)
My Lords, even in the last few weeks we have seen academics required to go to court to vindicate their rights. They have been forced to bring expensive proceedings and we have seen huge payouts made by institutions to academics who have been unlawfully treated. It is my understanding that there is now authoritative legal advice that has been sought by academics, lawyers and Members of this House on how the Government could introduce the complaints scheme—which is on the statute book but not yet in force—in a way which meets the Government’s concerns about the width of the scheme while ending the otherwise unstoppable rush to the courts. Can the Minister commit to asking her officials to review those proposals as a matter of urgency?
Baroness Smith of Malvern (Lab)
I hope that the noble Baroness had a relaxing recess. As I said in response to her noble friend, a range of options has been proposed. I am not quite sure that the legal advice is as authoritative as she suggests, but I am in constant conversation with officials about the most appropriate route through which to commence the complaints scheme. We will make progress on this.
Baroness Bennett of Manor Castle (GP)
My Lords, I am sure the Minister is aware that the greatest threat to academic free speech—the ability to research, publish and teach students—is the funding situation of UK universities. Half of UK universities face a deficit in 2025-26 and as many as 50 are at risk of closure in the next year. The University and College Union tracker shows that 105 universities are facing major redundancies. Our universities are in crisis. What are the Government going to do?
Baroness Smith of Malvern (Lab)
The noble Baroness is right that the freezing of tuition fees by the previous Government put considerable financial strain on the university sector, which is why I am sure she will support this Government in our inflation-linked increases to tuition fees in order to fund universities. There is no point willing the ends if you are not willing to will the means.
Lord Bird (CB)
Can we include criticism of the actions of Israel in Gaza in the freedom of speech argument, because there are many of us who are being silenced by it?
Baroness Smith of Malvern (Lab)
I have not seen much evidence that the noble Lord is being silenced, but it remains an important part of free speech provisions to be able to protest legitimately—but not, of course, to harass or to promote antisemitism on campus. It is completely clear that that is the case, and there is a clear distinction between the two.
Lord Evans of Rainow (Con)
My Lords, I wonder if the Minister can give us an indication of when the Government will respond to your Lordships’ House’s special report into social mobility. It has been sat on the Secretary of State’s desk for a long time now.
Baroness Smith of Malvern (Lab)
I cannot quite remember when it was that I appeared in front of the committee on that report, but I enjoyed the experience. I do not think it will be very long, from memory.