Higher Education Regulatory Approach

Baroness Falkner of Margravine Excerpts

Tuesday 21st January 2025 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, I declare an interest as chair of the Equality and Human Rights Commission, which is the national human rights institution for Great Britain. Another interest is that we are an intervener on the proposed judicial review. It would not be wise for me to say much on the details of this Statement, but I put on record two things for the House. First, the Minister will know that the public sector equality duty is a fundamental part of the proposed litigation in this area, as well as the Government having a responsibility to have due regard to it. We are the regulator in that regard. I wrote to the Minister on 6 December, seeking an urgent meeting. The Statement says that a wide range of providers were consulted, but we were not, which is why I wrote to her. I also put on record—

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords—

[Baroness Falkner of Margravine (CB)]

Forgive me; I will address a point directly to the Minister. I am grateful that we are meeting next week, but we should have been consulted as part of that consultation. I say to the Government Whip that the clerks upstairs have told me that I need to declare these cumbersome interests every time I speak. I do not think it would be fair to the House for me not to declare them and make my points.

[Baroness Anderson of Stoke-on-Trent (Lab)]

I appreciate those clarifications, but I remind your Lordships’ House that this is questions on a Statement, not additional statements.

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[Baroness Smith of Malvern (Lab)]

I think I have made the position with respect to student unions pretty clear. In my discussions with vice-chancellors, they recognise their responsibility under the legislation to work with student unions to make sure that the type of intimidation that the noble Lord and others have talked about does not happen. Once again, we have found a pragmatic approach to ensuring progress on this issue, and I think the balance is right.

[Baroness Falkner of Margravine (CB)]

My Lords, first, the Minister indicated to the House that she would be publishing guidance or regulations fairly shortly, so will this be available before the newer deadline for judicial review, which I think is July 2025? Secondly, I think I understood her to say that the reason she did not engage with the Equality and Human Rights Commission was that we were an intervener in the JR. I would like to put on record for the House that the decision to intervene happened only around 10 December. There was a period between July, when the Act was paused, and 10 December or thereabouts, when we would have been delighted to engage with her on the profound points of the public sector equality duty, as well as that of Article 10 on the right to freedom of expression.

[Baroness Smith of Malvern (Lab)]

What I said was that we would bring forward a policy paper to outline how we were going to put in place the decisions that we have made on this. I am sorry if the noble Baroness thinks that there has not been sufficient engagement with her. All I can say is that there has been very widespread engagement with a whole range of stakeholders —probably a majority of whom supported the Act and quite a few of whom supported the totality of the Act, alongside those who actually would have preferred us to have completely repealed it. I hope and believe that what we have done is to appropriately listen and to find a responsible way through.