Higher Education (Freedom of Speech) Bill

Debate between Baroness Falkner of Margravine and Lord Grabiner

Committee stage
Wednesday 2nd November 2022 Grand Committee

[Baroness Falkner of Margravine (CB)]

I think the noble Lord does not quite appreciate how qualified Article 10 rights are under the European convention. It clarifies:

“The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society”.


It goes on to say that those rights can also be circumscribed

“for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others”.

The point here is that they are qualified. The judgment of qualifying those rights, and making decisions about when the qualifications will apply, should rightly lie with the provider and not necessarily be set out in legislation.

The noble Lord referred to the duty of care to students. Of course there is a duty of care to students, but providers have been delivering those duties of care to students, academics and staff throughout this period. There is no evidence to say that they are not capable of doing that, so we can move forward with the Bill.

As I said on Monday, my personal view is that, although the Bill is significant and important in setting out more clearly the importance of differing opinions and viewpoints, the danger we run here is of it leading to so many changes that it actually succeeds in suppressing speech. No one has a right not to be offended. We are in danger of conflating that right not to be offended with safeguarding rights or hurt or distress, which is where we might go were we to pursue this amendment.

[Lord Grabiner (CB)]

My Lords, I will be brief. In his remarks, the noble Lord, Lord Mann, gave some extremely significant examples. Some very bad stories are no doubt out there but, with great respect, might it not be more appropriate for such matters to be dealt with in the code of practice rather than in primary legislation? It seems much more sensible to deal with this by way of advice to, for example, university institutions.