Higher Education Regulatory Approach

Baroness Garden of Frognal Excerpts

Tuesday 21st January 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am looking forward to coming to the noble Baroness, but I will answer this question first.

I thank my noble friend and strongly agree that there is an appropriate role for legislation, as we have identified, and an enormously important role for culture, serious thinking and engagement. That perhaps needs to be focused on as well, particularly by those in leadership positions in higher education such as my noble friend. On the decisions around where the focus for the OfS should be, I put on record my admiration for the work of Dr Arif Ahmed as director of free speech, who will remain in his position. He will be able to work with higher education on some of the positive ways in which institutions can respond through best practice and discussions around identifying where the balance lies in the issues my noble friend raises.

I reiterate that I will come back with the policy paper on some of the other questions my noble friend raises. I very much welcome the fact that universities have begun to take action on developing the codes of practice and on putting in place the academic bodies and committees that will consider some of these very difficult issues around challenges to academic freedom. On the point from the noble Baroness, Lady Barran, about what people should be doing, they should be continuing in a spirit of engagement with those areas of the legislation that we have been clear we are going to commence, and continuing the important work that has started.

[Baroness Garden of Frognal (LD)]

My Lords, when the Government initially halted the legislation, we Liberal Democrats agreed that defending free speech at university was important but that the legislation was unnecessary and overbearing. As the noble Baroness, Lady Royall, just said, free speech is obviously integral to universities. Can the Minister explain what new information came to light that requires the reintroduction of the legislation? Can she also assure us that universities will not be exposed to financial risk as a result of it?

[Baroness Smith of Malvern (Lab)]

It was exactly the position that the noble Baroness has taken that brought us to this conclusion. Freedom of speech and academic freedom are at the heart of what is good and important about our universities, but perhaps there had not been the focus on them that was necessary, particularly at a time of some quite contested ideas and difficult challenges. That was important, but it was too important, frankly, to be left to legislation that, while important in many areas, on occasion looked as if it was more about creating a headline than solving a problem. The burdensome elements of the legislation, particularly around the tort and the requirement to, essentially, lawyer up earlier on, and the impact that may well have had on universities’ decisions and the concerns of vulnerable and minority groups as a result, meant that it was right to pause the commencement of the legislation and find a more pragmatic, balanced and less burdensome way of delivering a nevertheless important objective.