Higher Education Regulatory Approach

Baroness Fox of Buckley Excerpts

Tuesday 21st January 2025 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I remind noble Lords of my interests in the register and warmly welcome the proportionate way in which the Government are acting and my noble friend’s Statement. Free speech is the lifeblood of a university. This reconsideration of the Act certainly recognises that, but all universities also recognise that they have a duty to instil a culture in which free speech flourishes.

I have two swift questions. First, on the OfS power to consider complaints, how will it ensure that its actions are proportionate? Secondly, on the conditions of regulation, the Statement says:

“The OfS should have room to determine the best way to regulate on a case-by-case basis”.


Will Parliament be consulted in any way on how it regulates?

Finally, I say to the noble Baroness opposite that universities are already putting in place codes of conduct—for example, on freedom of speech—so they are acting already.

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

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

The Minister has to answer the question.

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

I thank my noble friend for his advice at the point at which we were making the decision and for his ongoing commitment to ensuring we are tackling anti-Semitism widely in higher education. I undertake to consider the use of that element of the £7 million of funding that the Government have made available on anti-Semitism for precisely that purpose.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I welcome back the Higher Education (Freedom of Speech) Act; I never wanted it to go away. I will push the Minister further on one of the points from the noble Baroness, Lady Barran. Can the Minister address those worried free speech societies, debating societies and ordinary students—not student bureaucrats—who feel that the removal of duties on student unions is like “a Machiavellian betrayal”, according to Student AFAF? This is because student unions are often at the vanguard of the really quite vicious hounding of student members; Jewish students have often made this point to me. The Charity Commission just does not cut it.

Finally, will the Minister put to bed this notion that the Act was ever part of a Trumpian war on woke or a hate speech charter? It was a good faith, genuine attempt at tackling spiralling attacks on free speech. We should all view it in that way, even if we disagree on the detail.

[Baroness Smith of Malvern (Lab)]

I hope that is the approach that I have tried to take. With that pragmatic approach, I reiterate that I expect student unions to behave in a way that safeguards and promotes speech and events with which they perhaps as a majority do not agree—that is an important part of the experience of being a student—but to impose on them the same level of burden imposed on the institution itself was unreasonable. That is why we took the decision that we did.

Higher Education Sector

Baroness Fox of Buckley Excerpts

Wednesday 4th December 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

Well, I simply reiterate the point that it is important that this Government have gripped the issue of financial sustainability and have asked the OfS to focus on it. The OfS has made its decisions about where to focus its capacity to enable it to do that. I take seriously the point that the noble Lord made, but it is the role of the OfS as the regulator of the sector to regulate, to ensure that we have the sort of quality that—I disagree with the noble Lord—will continue to attract students, researchers and others into the UK.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, over the years, many international students, especially from less democratic countries, were attracted to UK universities because of their reputation as beacons of free speech. Tragically, more recently such students have complained that they find British campuses as censorious as at home. In this context, will the Government reinstate the shelved Higher Education (Freedom of Speech) Act? On a related point, will the Minister reassure us that this legislation was not withdrawn to appease repressive regimes that like the UK university brands but dislike legal commitment to academic freedom?

[Baroness Smith of Malvern (Lab)]

I can absolutely assure the noble Baroness that that was not the case, as I have said repeatedly in this House. But it is the case that the last Government’s freedom of speech legislation would have been overly burdensome on universities and would potentially have had unintended consequences. As I have also said, we will come back soon, following our pause of the legislation and our wide engagement with stakeholders, to spell out the next steps for this Government in protecting academic freedom and freedom of speech in our universities.

Sex and Gender: Official Data

Baroness Fox of Buckley Excerpts

Tuesday 5th November 2024 Lords Chamber

Asked by

[Baroness Fox of Buckley]

To ask His Majesty’s Government, following the downgrading of data gathered from the 2021 Census question on gender identity, what steps they are taking to ensure accurate and consistent data on sex and gender are collected to ensure robust official data.

[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

My Lords, the Government value the collection of high quality and robust data on this topic. The Government Statistical Service will publish a work plan for updated, harmonised standards and guidance on sex and gender in December this year. This will align with the Office for National Statistics regulation guidance on collecting and reporting data about sex and gender identity, which was published in February.

[Baroness Fox of Buckley (Non-Afl)]

I thank the Minister for that reply. In the meantime, can she look closely at one worrying consequence? NHS data standards were updated to reflect those very same compromised gender identity questions used in the census. Genspect UK research shows that a significant number of GPs also use them, which in theory means that every time someone registers with a new doctor, patients could informally change the sex registered on their health records. Does the Minister agree that this is concerning because biological sex influences everything from diagnosis to treatment? Therefore, the recording of accurate sex data in NHS records is essential for safe and appropriate healthcare.

[Baroness Smith of Malvern (Lab)]

The reason why it is so important that we allow the independent statistical services to develop the question appropriately is precisely that it will be used more widely in other public services. Of course it is important that that has the confidence of those responding to the question and of the services being provided. To that extent, therefore, I share the noble Baroness’s concern to ensure that that statistical collection is robust and appropriate and is informing services, including the NHS, in a way that users need it to.

Higher Education Funding

Baroness Fox of Buckley Excerpts

Thursday 12th September 2024 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I welcome this debate, but will perhaps challenge its focus. When the Education Secretary Bridget Phillipson halted the Higher Education (Freedom of Speech) Act only a week before its commencement, she insisted that the Office for Students should instead “be more sharply focused” on the financial stability of universities. To me, this rather implies knowing the price of everything and the value of nothing. When we discuss the challenges of a sector struggling financially, it worries me if government or university senior management think that academic freedom is a dispensable lower priority and is valued less than propping up higher education institutions as businesses.

I rather regret the marketisation of education that we have seen over recent decades. It has long since caused problems, undermining the core role of universities in intellectual freedom, and academics are told to treat students as customers who need to be kept satisfied, rather than offended or challenged. Students are educated to see degrees as commodities that can be bought and assessed via value-for-money metrics. I regret such philistinism and its consequences.

I am heartbroken, for example, to see the closure of many arts and humanities courses and to see wonderful academics lose their jobs. They are often told that, because they do not tick the production of job-ready graduates box, they are not relevant for 2024. What is the good of all that useless knowledge associated with philosophy, classical music, medieval history and so on?

Realistically, I think that we need to ask whether we should keep universities, departments and courses open at any cost and have that conversation. The question has to be asked: what price academic freedom in that context? When vice-chancellors and higher education NGOs, which lobbied the Government to smother the free speech Act, said they were worried that the legislation could lead to universities being sued at a time when they were facing crippling costs, surely the Government’s reply should have been, “Well, you won’t get sued if you promote and protect free speech on campus stridently”. The Government should also say, “You aren’t a university worth its name if you don’t understand that free speech is a core value, more valuable than anything else, and totally valuable to your existence”.

When the Free Speech Union sent a pre-action protocol letter to Ms Phillipson threatening a judicial review for the failure to commence a free speech Act, it was shocking when we found out that government lawyers noted that concerns had been raised by university managers and senior managers about the consequences of the law on doing business with authoritarian countries that have restrictions on free speech. How grubby that, because some British universities operate overseas students and do not want to lose out on the money, they are prepared to compromise on free speech. The fact that English universities want to boost opportunities for lucrative research partnerships means that they do not want a piece of free speech legislation that might upset China, Dubai or Singapore.

As for attracting more international students, I do not, in any way, do anything other than endorse that. But the self-congratulatory tone that we have heard worries me, because, too often, international students are cynically treated as cash cows rather than welcomed here as some act of philanthropic generosity. Many of the overseas students I have worked with over recent years have noted that they came here imagining that they would find free speech on campus as a value, but actually, having left China, they found it even more restrictive to face some of the cancel culture on campus. I ask for a different set of priorities here.

Schools: Gender-questioning Children

Baroness Fox of Buckley Excerpts

Thursday 22nd February 2024 Lords Chamber

Asked by

[Baroness Fox of Buckley]

To ask His Majesty’s Government whether they are planning to issue further guidance to ensure that schools support gender-questioning children.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, following calls from schools, teachers and parents to support schools and colleges in relation to children who are questioning their gender, on 19 December 2023 we published draft guidance for consultation. The consultation will close on 12 March. Relationships, sex and health education statutory guidance is also under review, and we will launch a consultation shortly. As part of this, we are looking to strengthen the guidance to schools on how to teach this sensitive topic.

[Baroness Fox of Buckley (Non-Afl)]

I thank the Minister for her reply and the department for the clear guidance on working with gender-questioning children. Parents really were so relieved to hear that they should be fully involved if their own children decide they want to change gender, and it is so useful to have clarity that schools should not automatically socially transition pupils and that teachers and children should not be compelled to use opposite-sex pronouns. However, does the Minister find it troubling that, since publication, a variety of lobby groups and commercial providers are targeting school SLTs, advising them to ignore and even resist the guidance? Can the Minister assure us that the DfE will counter misinformation circulated by the likes of Mermaids, Just Like Us, Stonewall, The Key and even trade unions that wrongfully alleges the guidance is in breach of equality law, discriminatory and transphobic? Will she condemn attempts to scare teaching staff by suggesting that following the guidance puts them at risk of action by regulators and litigators?

[Baroness Barran (Con)]

Schools are expected to consider all the guidance from the department, and this is no exception: we would expect them to follow the final published guidance. As the noble Baroness says, the anecdotes we hear are that the guidance is already having an impact on parents, who feel able to ask schools to account for their decisions. Once the guidance is published, if individuals are worried, they should talk to their school about it. I looked at some of the campaigns being run and some of the templates that charities have published. Personally, I share the noble Baroness’s concern that they are quite oppositional in tone and are pitting parents against schools, which the guidance explicitly tries to avoid.

Russell Group Universities: Foreign Student Admissions

Baroness Fox of Buckley Excerpts

Thursday 1st February 2024 Lords Chamber

[Baroness Barran (Con)]

Absolutely. We focus on that and a sense of confidence in the fairness of the system is vital. However, I would underline universities are autonomous institutions, and we would encourage them to take the initiative to address the noble Lord’s concerns.

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

[Baroness Warwick of Undercliffe (Lab)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, we will hear from the noble Baroness, Lady Fox, and then the noble Baroness, Lady Warwick.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I fear the problem is that we have lost sight of what universities are for. Does the Minister agree that it is a con when new university degrees are created as a substitute for high-quality skills training—the latest being estate agents’ degrees—while academic study is suffering? For example, there is the tragic closure of the music department at Oxford Brookes. Is not this university growth propelled by credentialing schemes, leading to the exploitation of overseas students who are effectively buying visas/degrees to pay for this ridiculous, non-academic growth?

[Baroness Barran (Con)]

I think the noble Baroness brings together a number of different issues. However, the essence is: do we need high-quality degrees in this country that are accessible, particularly to those from disadvantaged backgrounds? There are areas where we have clear concerns. We have already expressed our concerns publicly about foundation years and have reduced the funding for classroom-based subjects, as well as regarding franchise provision.

Religious Education in Schools

Baroness Fox of Buckley Excerpts

Thursday 18th January 2024 Grand Committee

[Baroness Fox of Buckley (Non-Afl)]

My Lords, we live in a period in which Jewish schools have had to ramp up security to protect their pupils, and religious symbols of Judaism are being hidden by students in fear in non-Jewish schools. My question is: given that religion and politics have got very messy, who would be an RE teacher dealing with such fraught difficulties? Over the last few days, the front pages had the story of Michaela Community School, led by Katharine Birbalsingh, whom I admire but others do not—she is certainly controversial. Of all things, the school has been taken to court by a pupil for banning Muslim prayers. The head teacher had basically said, “We shouldn’t be divided by religion. We should have no prayers”. I was fascinated that one of the things the teacher said was that some pupils were being intimidated by their peers for not being religiously pious enough, and it was a kind of bullying.

There is a poisonous atmosphere out there. Even the question of whether we live in a Christian country is rather more awkward than one would think. I loved the explanation given by the noble and right reverend Lord, Lord Harries, of religion as education and knowledge, and I totally agree with him on that, but many British institutions seem embarrassed by the western Judeo-Christian tradition. Its accomplishments are more likely to be labelled as white privilege than as the repository of positive values and virtues.

Instead, in recent years the new religion is diversity and inclusion, which has incentivised faith groups to adopt politicised cultural religious identities and has proved a recipe for stirring up divisive tensions and encouraging group grievance-mongering and offence-taking. We should not forget that a schoolteacher from Batley Grammar School is still in hiding, in fear for his life, for the blasphemy of showing pupils an image of Muhammad in a religious studies class. He had no support from politicians or trade unions, was labelled Islamophobic and was told he was making a fuss about nothing, although the Parisian teacher Samuel Paty was decapitated for a similar offence of showing cartoons of Muhammad. We have to admit that this is difficult.

I shall finish with the Reverend Bernard Randall, who lost his job at a Christian school—Trent College in Derbyshire—because he delivered a sermon expressing approval of mainstream Christian teaching on marriage, biological sex and gender, and the head teacher reported him to Prevent. That bodes badly for RE teachers. I would avoid it like the plague. We have to be honest that it is more difficult than it sounds by just paying bursaries.

Schools: Transgender Guidance

Baroness Fox of Buckley Excerpts

Wednesday 25th January 2023 Lords Chamber

[Baroness Barran (Con)]

The noble Lord obviously brings extensive experience and wisdom in these areas. As he is aware, the Government will publish a draft Bill to ban conversion practices, and we are committed to protecting all who are at risk of harm from them. On listening to the voices of all pupils, including trans pupils, I stress that the Government are committed to a very full and open consultation so that the guidance we produce reflects the views of all those affected.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, puberty is a difficult time, especially for young women. For example, a dread of sexualised stereotypes can lead to anxiety about the body, sometimes expressed as dressing as a tomboy and sometimes pathologised as anorexia. Therefore, can the Minister ensure that schools do not automatically affirm the fashionable gender dysphoria as a catch-all solution, which is particularly difficult for young lesbians? Can she assure teachers who do not endorse social transitioning associated with gender ideology that their employment and reputation will be protected from false allegations of transphobic bigotry?

[Baroness Barran (Con)]

The noble Baroness raises important points, but she paints a picture that I do not fully recognise. The vast majority of schools realise that these are incredibly sensitive issues for staff, pupils and pupils’ parents, and do their absolute utmost to keep that level of trust with all in their care and for whom they are responsible.

Higher Education (Freedom of Speech) Bill

Baroness Fox of Buckley Excerpts

3rd reading
Tuesday 13th December 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, while I hope the Commons will look again and restore some version of Clause 4 and material remedies for victims of cancel culture on campus, I am still really glad that we have passed the Bill. I think our deliberations have been worth while and even now are having an impact, so I thank all involved.

A highlight for me was when the noble Lord, Lord Collins of Highbury, made his “confession” last week that he had originally thought the Bill “not necessary”, but

“during the process of Committee and the dialogue and discussions … I was persuaded that there is an issue to address.”—[Official Report, 7/12/22; col. 222.]

That is a win, in my book. Credit, then, to those who have spoken so articulately on threats to academic freedom, but also to those who have been open-minded and listened. Does that not remind us of the gains of hearing all sides of a debate, the importance of free speech and why it is so valuable?

In another instance, I have a confession. The noble Baroness, Lady Royall of Blaisdon, was keen to correct any impression I had given that the University of Oxford was creating a hostile environment to academics who might oppose moves to decolonise classical music. I apologise if I was too sweeping, but I am in touch with music scholars who are extremely worried about the dogmatic atmosphere surrounding the classical music canon, disparagingly dubbed

“white European music from the slave period”.

They claim that the debate on the topic is toxic and mired in accusations of racism, so I enthusiastically welcome the University of Oxford’s insistence that this is just not true. Perhaps this shows that university authorities can be sensitised to the reputational damage of not defending academic freedom or their own academic staff’s reputation if they disagree with critical theory orthodoxies. That is a shift away from worrying only about the reputational damage of being mislabelled as bigots by campus activists, and I think the Bill has helped.

A final positive note: I was shocked last week when the UCU, the trade union of Edinburgh University, shamefully demanded that the university cancel the screening of “Adult Human Female” organised by their own colleagues, Edinburgh Academics for Academic Freedom and—not a good example of collegiate atmosphere. I was nervous that Edinburgh University would succumb. After all, it had only recently given into pressure to cancel the titan of Scottish Enlightenment philosophy, David Hume. But no, the university stood firm. The documentary will be shown at the university’s theatre tomorrow night, despite transphobic accusations—

[Baroness Jones of Moulsecoomb (GP)]

My Lords, is this normal?

[Baroness Fox of Buckley (Non-Afl)]

I do not know. I apologise; I am trying to be gracious.

Perhaps the debate we have had has already given authorities a bit more backbone, and therefore I congratulate and thank everyone concerned for allowing a freer spirit and discussion around academic freedom to take place, at least outside this place.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the interests of balance I will speak very briefly. It is important to say that there is not conviction in all parts of your Lordships’ House that the Bill is, in its current form, in any way necessary. Attempts to address some of the attacks on freedom of speech—including the influence of commercial sponsors and funders in universities, the impacts of casualisation, and low pay and insecurity for academics—were not allowed into the Bill, so not everyone is convinced that the Bill should go forward.

Higher Education (Freedom of Speech) Bill

Baroness Fox of Buckley Excerpts

Committee stage
Monday 14th November 2022 Lords Chamber

[Lord Triesman (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Johnson. Like so many other people in the debate, I strongly agree with the comments made, from the speech by the noble Lord, Lord Grabiner, onwards. I also do not believe that this clause should remain. I do not believe it will do the job it is supposed to, and it will almost inevitably lead to the chilling effect that the noble Lord, Lord Willetts, and others have described.

My noble friend Lord Blunkett asked why the not entirely fictitious person Kathleen could not pursue an action for unfair dismissal because she was compelled into a position that was intolerable. I believe that there was a time when she would have been advised to do that, would probably have done so, and could have counted on the support of her trade union in pursuing that course of action—I can say this directly, as my interest has been declared any number of times. Of course, she found that she could not count on the support of her trade union. I submit to your Lordships that one of the reasons she could not now count on its support is precisely the reason that my noble friend described. If you go back seven, eight, certainly 10 years, the battle that would have taken place in that union to make sure that someone’s employment rights had been sustained without having to resort to any other regulator or court would have been absolute. It would have been the determined position of that union. Some may say that if that would no longer happen, maybe we need something else.

I submit that the “something else” we need is certainly not Clause 4 and this tort. There are those who might say that they are not so concerned about the chilling effect because they do not believe that enough of these things will happen. I say to your Lordships’ Committee that if it wanted to hand-pick a group of its fellow citizens who would argue in the most tortured way about absolutely anything, it should go to one of our universities. There they are: serried ranks of people whose day-by-day enjoyment is to have furious arguments about matters of little consequence. [Interruption.] I have been one for many years.

I will tell the noble Baroness, Lady Smith, that at Cambridge University, after the faculty of economics was redecorated, I was inveigled into taking part in a debate as to the order in which the portraits of its Nobel prize winners should be rehung and whether it should be Marshall or Keynes in the pre-eminent position. I left that debate after eight hours. No one was an inch further down the line of resolving it and, to my knowledge, the portraits have never been hung, because 20 years later no one is any further down the path of resolving it. I hate to say this: the only place where I have seen disputes followed with the same tenacious interest and complete unwillingness to give an inch is in my synagogue, but that is because it largely comprises lawyers. I do not make this point to be frivolous or humorous. The truth is that this is a most vexatious and disputatious group of people. They are employed to have arguments with each other; it reaches into every corner of their lives. If we think that they are unlikely to do so in these circumstances, we mislead ourselves completely.

Some people will be very well backed in pursuing this course of action. I think the noble Lord, Lord Willetts, made the point that some will be at a great disadvantage financially. The student unions that we are talking about are usually run by a small group of young people with no experience whatever of the law. Generally speaking, they are unable to exert any control over all the clubs that form the diaspora of their organisation—the Minister made that point. They will be put in a position that they cannot afford or control, and to which there will be no satisfactory long-term resolution.

All this brings me to say that the points that have been made, including by the noble Lord, Lord Johnson, about having a regulator that can manage these things, and build on knowledge of how to manage them, is a route to a sensible solution. The rest of it—and I apologise if this is thought to be offensive; I do not mean it to be—is completely fanciful, and anybody who has spent more than a few weeks working in a university will know it.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have a huge amount of sympathy with the fears about the chilling effect of Clause 4 and the points that the noble Lord, Lord Willetts, started off making. Basically, I am torn on Clause 4; I do not quite know where to go.

A number of people have discussed the potential of vexatious litigation. I think that is rather cynical. We keep hearing about all these bad-faith players. I am simply worried about litigiousness full stop, even by good-faith players. We know that a dependence on law courts to resolve problems can tangle us up and subsume the matter of fighting for freedom and free speech in legalese, lawyers and so forth, even if done with the best of intentions.

In other words, I do not want us to abandon what we all started off agreeing, which was that this Bill should not compensate for a need for a culture change in relation to arguing for the importance of academic freedom. It should not be seen as a replacement for that. I definitely do not want the law courts to get in the way, because they can kill off any possibility of that culture of the spirit of freedom being drowned out. That is one side of it.

--- Later in debate ---

[Lord Grabiner (CB)]

My Lords, without wishing to repeat points that I made on earlier amendments, I will refer briefly to the amendments put forward by the noble Lords, Lord Willetts and Lord Stevens of Birmingham, Amendments 58 and 59. Both draw attention to key deficiencies in the current drafting of the Bill.

On moving Amendment 58 at the outset of this group, the noble Lord, Lord Willetts, identified a problem with the priorities or procedure to be adopted. All I respectfully say about that is that we need more of a root and branch exercise on the respective powers of regulators, if Clause 4 unhappily ends up in the legislation. This Bill is currently deficient on the relationship between those two mechanisms. Although I agree with the principle identified, I would like to see a more sophisticated response to the problem.

On Amendment 59, the distinction in legislation between “may” and “must” is a lawyer’s old chestnut: “may” is discretionary; “must” is compulsory or mandatory. In order for any body to conclude whether a claim is vexatious, frivolous or a waste of time, it needs some understanding of the facts. I do not think whether it is “may” or “must” matters; it is important that a body has the power to dismiss a case if it is satisfied it is vexatious, frivolous or, for some other reason, unmeritorious.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have a couple of brief points. Following that helpful contribution on Amendment 59, I want to clarify that complaints are very often dismissed as vexatious, but it is important that we do not accept at face value that things are vexatious because somebody has accused them of so being. That can be a way of closing down the complaints procedure.

I also want to raise a query. I may have misunderstood something in Amendment 58 in the name of the noble Lord, Lord Willetts, but it suggests that

“the OfS cannot intervene until a university’s own procedures … are exhausted.”

There is a difficulty there. Often, academics and students to whom I have spoken feel that their dispute is with those very academic authorities, and that even the complaint within the university can get them targeted as free speech troublemakers. It is not straightforward. In some instances, we are talking about a rather toxic atmosphere. Often, the complaint an academic has is precisely because they have been put on some procedure by the university authorities—they may have been suspended or put forward for disciplinary action—which they feel is unjustified. They then get cleared, but all the testimonies from people who have been in this situation make the point that the process is the punishment these days. As I said earlier, the period in which an academic has been labelled as a user of hate speech, suspended from their job or whatever it is can be really discrediting and damaging to their reputation. It is slightly more complicated than has been presented, and this is one of the problems with the state of universities at present, in relation to free speech.