Higher Education Regulatory Approach

Debate between Baroness Fox of Buckley and Baroness Smith of Malvern

Tuesday 21st January 2025 Lords Chamber

[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

Debate between Baroness Fox of Buckley and Baroness Smith of Malvern

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

Debate between Baroness Fox of Buckley and Baroness Smith of Malvern

Tuesday 5th November 2024 Lords Chamber

[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.