Freedom of Speech in Universities

Baroness Barran Excerpts

Thursday 10th October 2024 Lords Chamber

[Baroness Barran (Con)]

My Lords, there are a lot of ironies in the Government’s decision to delay the implementation of the Higher Education (Freedom of Speech) Act. First, it was done without any debate in Parliament and, secondly, it was not mentioned anywhere in the Government’s manifesto, despite the decision being taken within three weeks of the election. The failure to commence the legislation that this Parliament passed is resulting, every day, in freedom of speech and academic freedom in our universities being eroded, most recently with an elected MP being unable to speak at a university this evening.

The reasons the Minister repeated relate to the impact on minority groups, so I ask her to confirm that she agrees with those leading lawyers and academics that the new Act does not provide any further protection for those wishing to express hate speech on campus, including Holocaust denial. Can she confirm that it does not change the law in that regard? Will she agree to meet with those Jewish academics who sought a meeting with the Secretary of State and who are calling for full implementation of the Act?

[Baroness Smith of Malvern (Lab)]

The noble Baroness probably understands that the speed with which the decision was made related to the timing of the commencement. It is right to be taking the time now and engaging in the way we are with those on various sides of the argument about the best way of proceeding on this issue.

I have spoken to some of the legal experts that the noble Baroness cites with respect to hate speech and understand their points. The fact that there is debate about the impact of this piece of legislation is part of the problem that we seek to ameliorate through the options we are considering. What I know is real is the strong concern among minority groups that the reality of the impact of the legislation would be to allow on to campuses people whose views would be reprehensible and would potentially constitute hate speech. That is what has brought the fear about. But this is not, of course, the only reason. There has also been considerable concern from universities themselves and from unions representing university staff about the disproportionate burdens. On the Jewish academics, I have met a lot of people already and I am more than content to meet with that group as well.