Education (Values of British Citizenship) Bill [HL]

Baroness Falkner of Margravine Excerpts

Friday 18th October 2024 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, I declare an interest as chair of the Equality and Human Rights Commission, but I make it clear that I am speaking in a personal capacity. This is my first opportunity to interact with the Minister, whom I warmly welcome to her important role; I look forward to future engagements.

I have huge respect for the noble and right reverend Lord, Lord Harries of Pentregarth, so I find myself in an unusual position of opposition to this Bill. I hope to explain why something as nebulous as values are not capable of codification, especially as they change over time, as they should. This Bill might be better seen as describing a set of British rules or as a political Highway Code for the basic rules of any liberal democracy, not just those of Britain. For a liberal democracy to function well, it needs more than these widely agreed political rules; it needs a high degree of trust and fellow feeling between citizens.

In turn, that requires a shared language, some degree of shared norms and even a broadly shared way of life, albeit with different streams all flowing into the mainstream. That has to grow organically; it cannot be imposed in the form of some programme of British values. One of the central paradoxes of liberal societies is that, although they need a high degree of common norms or values to function well, the doctrine of liberal pluralism insists that individuals should be able, as long as they respect that political Highway Code, to pursue radically different ideas of the good life. Atheists and pious believers of many kinds, egalitarians and libertarians, moralists and libertines; all must be accommodated in liberal societies. That means that the attempt to codify a workable set of British values, which is more than the political Highway Code, is a project that is inimical to liberalism.

Another factor against the Bill is its practical workability. It is very brief—too brief to accommodate a workable set of definitions. These are high-level and worthy sentiments, but who is to interpret the guidance? Is it the Department for Education, the regulator Ofqual or some other public authorities that are currently unnamed? That guidance will not be subject to the rigorous scrutiny that we might see on primary legislation. Only three of these values are defined, yet it can be argued that even the others are contested. The rule of law is seen sometimes as the rule by law: an adherence to the rules, rather than the broader understanding of equality under the law. For example, freedom is already part of our law, with an active regulator in the EHRC as the national human rights institution in England and Wales. What is more, tribunals and our higher courts regularly interpret and clarify these norms. How long would it be before whatever guidance produced was out of date?

I hope to elaborate on these thoughts as we go forward to Committee. Nevertheless, I appreciate this positive attempt to make our young people think more carefully and learn about the glue that binds us together.