Nursery Provision: South-west England

Fiona Bruce Excerpts

Tuesday 6th February 2024 Westminster Hall

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I beg to move,

That this House has considered nursery provision in the South West.

It is a pleasure to see you in the Chair, Mr Sharma. Every parent in the south-west should be able to access affordable nursery provision for their children, but childcare bills have rocketed to eye-watering levels, all during a cost of living crisis. Some families cannot even access childcare in the first place, as more and more nurseries in the south-west buckle under financial pressures because of a shortage of available staff. There are some marvellous childcare providers in Plymouth and across the west country; I want to thank all those who work in the sector.

Despite the promises and Government rhetoric around childcare, the gap between those promises and the reality is growing bigger. My worry is that the rhetoric hides a really dangerous situation for our nurseries. Spiralling costs and a retention and recruitment crisis mean fewer places, more expensive places and a deepening crisis. All that is inflamed by the geography of the south-west, the challenges of attracting new workers to the far south-west, especially down the peninsula, the rural nature of many of our communities, the higher than average levels of deprivation and a worsening housing crisis, which means that childcare workers often cannot afford to live in the communities where they are needed most.

[Fiona Bruce (Congleton) (Con)]

I am listening carefully to all the causes that the hon. Gentleman has cited for the difficulty that childcare providers have in recruiting staff in his region. Not all of them apply to my constituency in Cheshire, but providers are finding some of the same problems. The community needs such provision, yet it cannot be fulfilled because the sector cannot recruit.

[Luke Pollard]

I am grateful to the hon. Member for that intervention. We have a concern that is not party political: it is simply about Members of Parliament reflecting the reality that in their constituencies there is a shortage of available staff. That means that there are not enough places in nurseries, so families who want to take up Ministers’ offer of free childcare places are unable to do so. That is the nub of the problem. Nationwide, there are communities experiencing very similar problems.

[Fiona Bruce]

It is not only nurseries. Before and after-school clubs are experiencing exactly the same recruitment challenge.

[Luke Pollard]

I agree. It is a real problem with delivering on the promises that politicians have made. Setting an expectation that parents will be able to access a certain amount of free childcare, as well as wraparound school provision, is a worthy aim to shoot for. The problem is that the delivery is not working in the way it ought to. With big changes only a few weeks away, there is a real concern that promises and delivery are getting further and further apart.

In the south-west, because of our geography, the situation is harder. In the west country, it is harder to recruit every single type of professional—from nuclear engineers to social workers, from teachers to sewage workers. Unbelievably, it is harder because of our geography. Our geography—the beaches, the moorlands, the countryside—is what makes the south-west beautiful, but the rurality, the coastal communities and the distance often work against us when it comes to recruiting the people we need, especially those who work on the frontline, often in roles that are not paid as well as they should be, when we have high prices that make it hard for people to live there.

Last summer, I raised the issue in the House with the Education Secretary and subsequently secured a meeting with her to warn about the childcare crisis in the west country. I brought with me Cheryl Hadland—the owner of Tops Day Nurseries, one of Plymouth’s largest childcare providers—to explain the financial strain that nurseries are under. I have visited many Tops nursery sites across Plymouth, as well as lots of other providers. I have seen the importance and value of play-based learning and have spoken to the brilliant staff and to parents.

Nurseries are a lifeline service. They are a catalyst for parents to return to work and a great start for young children, who learn through play, interact with other children and learn social skills, which are even more important when we look at some of the consequences of covid. Since my meeting with the Education Secretary, yet another nursery in Plymouth has been forced to close, leaving 100 families without childcare, and others tell me that they are on the brink.

The closure of nurseries especially impacts poorer communities. Time is running out for nurseries in those communities. Plymouth is not alone in that respect; this is a problem felt across the south-west and, as we have heard, across the country.

Religious Education in Modern Britain

Fiona Bruce Excerpts

Tuesday 1st November 2022 Westminster Hall

[Fiona Bruce (Congleton) (Con)]

It is a pleasure to serve under your chairmanship, Dame Maria. It is also a pleasure to participate in this debate called by my hon. Friend the Member for Cleethorpes (Martin Vickers), and I commend him for his speech. It is a particular pleasure to follow the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), my co-officer on the all-party parliamentary group on religious education. I have rarely felt more in agreement when listening to a speech by an Opposition Member—I am almost concerned about that. I absolutely agree that RE should be taught more in schools.

It is important that today’s generation, who will grow up to be tomorrow’s citizens and leaders, should have a knowledge-based understanding of religion and religious beliefs. It is important that that is taught in schools because, as we have heard, it is often the only place in today’s increasingly secular society where it will be heard by young people.

As we have also heard, understanding religion is critical to understanding so much of what is happening in the world today. Modern Britain is a global-facing Britain, and hate speech is on the rise—often much more so even than in this country. I will turn to the international perspective in a moment, but it is critical that we give our young people an opportunity to understand the religious context and content of society today and ensure that they have mutual respect for, and understanding of, those of different faiths or beliefs.

In that regard, RE does work. A pupil from Manchester spoke movingly about how studying RE helped him to be a better friend to a classmate during local repercussions following the bombing at the Ariana Grande concert. We hear, too, of how often other faiths are now shared in our schools. Nursery children at a Catholic pre-school have enjoyed a series of lessons on Eid, Diwali, Hannukah, Christmas and Chinese new year. It is vital that we continue to rigorously teach content-based and knowledge-based religion in our schools.

Understanding different religions is critical if our young people are to navigate the international scene that they are growing up and living in. My hon. Friend the Member for Cleethorpes mentioned the percentage of people across the world who regard religion as important, but there is also the increasing disturbance affecting different religious groups across the world. The Pew Research Centre assesses that 83% of the world’s population lives in countries where there are high or very high restrictions on those living with religious beliefs. Yet the issue is profoundly under-recognised and under-addressed compared with many other global concerns.

Sadly, hate is on the rise across the world. People are losing their jobs, education, homes, livelihoods, families, freedom, access to justice and even their life itself simply on account of what they believe. People are being discriminated against, marginalised, beaten, threatened, tortured and killed, often by their own authoritarian Governments—the very Governments that have a duty to protect their freedom of religion or belief.

I have the privilege of serving for a year and a half now as the Prime Minister’s special envoy for freedom of religion or belief. It is distressing to see how, in the year and a half since I was appointed, religious disputes across the world have escalated. Putin is weaponising Orthodox Christianity in the war against Ukraine. We have seen the military coup in Myanmar exacerbating the persecution of religious minorities, such as the Rohingya Muslims. We have seen the Taliban takeover of Afghanistan, with every religious group there, other than those willing to succumb to the Taliban’s ways, now oppressed and living in daily fear. In Russia, Jehovah’s Witnesses are now being imprisoned as criminals, simply for being pacificists and for being unwilling to serve in the army. We see daily disturbances in Iran, where the Baha’is cannot own land and are restricted from going to university. Elsewhere, Ahmadiyya Muslims cannot vote and, in Nigeria, tens of thousands of Christians and moderate Muslims have been massacred by Islamic extremists. That is the world our young people are growing up in.

Even in what we might call peaceful countries, religion is a key issue and motivating factor in people’s lives. This week, in the elections in Brazil, religious views were a key factor when people decided how to vote. They will also be a factor in the US mid-term elections next week. To deny our young people an understanding of different religions and their importance in people’s lives is to do them a disservice as they grow up and mature. Those who wish to water down the content of religious education are doing our young people a disservice.

We cannot have RE watered down so that it is just an opportunity to have a chat or to discover oneself. How can young people discover and understand anything unless they are given information and knowledge-based academic teaching, so that they can make informed decisions about their way in the world? They have plenty of opportunities in this country to understand the secular environment they live in, but few opportunities to understand the importance of religion to so many others and, hopefully in time, to themselves.

In closing, I would like to pay tribute to the report on religion and world views provided by the Independent Schools Religious Studies Association. It contains some excellent comments and content, which I will not go into, because I am conscious other colleagues need time to speak. However, the report states:

“Religion is more than a worldview—it is a way of life, which involves community, shared values and the sense of the transcendent.”

That is critical; it is so important for young people to be given an opportunity to understand that in the world today, when so many of them are often questioning and looking for answers.

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship. Dame Maria. I too thank the hon. Member for Cleethorpes (Martin Vickers) for setting the scene so well and for giving us a chance to participate. It is good to see the Minister is his place, and I look forward to hearing his comments, as well as those of the shadow Minister.

This debate could include many conflicting opinions, yet I trust we can all come from a place where we respect the ideal of faith. Although we may treasure our individual faiths, there is undoubtedly a place for all in the diverse United Kingdom of Great Britain and Northern Ireland. I know that the ideal of religious education differs from region to region. I bring the Northern Ireland perspective to these debates, as I always do, and that is somewhat different yet again. The importance of religious and theological teaching could not be more prominent today, given the expansion of belief and the ever-changing faiths we all have.

It is great to be here today to discuss the importance of religion in schools, both primary and secondary. According to the Council for the Curriculum, Examinations and Assessment, religious education in Northern Ireland is a compulsory part of the school curriculum. As I am sure all hon. Members are aware, Northern Ireland is no stranger to different and diverse religious beliefs and the impact they can have on modern society. For young people to be able to understand our changing world, they must be able to interpret different religious issues.

The Department for Education and the four main Churches in Northern Ireland define the religious studies curriculum, allowing for the teaching of the revelation of God, the Christian church and morality from both Protestant and Roman Catholic perspectives. That is as it should be, because the personal relationship someone has with the Lord Jesus is what is important, not their denomination or the church they go to.

Seven out of 10 people—73%—surveyed across the United Kingdom—agreed that the role of religious education in schools is to provide pupils with opportunities to learn about other people, beliefs and cultures. A further 65% stated that the subject also allows young people to evaluate their own political beliefs. That is why the hon. Member for Cleethorpes referred to political beliefs with a religious viewpoint.

I understand that some young people nowadays have become disillusioned with religion, but it is crucial that they have a basic understanding of how religion plays a part in modern society and indeed in modern Britain. Parents are allowed to withdraw their children from some or all aspects of the teaching of religious education, but I always encourage them not to do that, regardless of what they may think of that religion. Having strong faith oneself is one thing, but being able to understand and respect other people’s faith starts from a young age—as early as P4 teaching in Northern Ireland.

The High Court in Northern Ireland ruled that exclusively Christian religious education and worship was discriminatory. However, we must ensure that this ruling, and the calls for it to be considered UK-wide, do not diminish the place of the larger practised religions, such as Christianity, in religious education, but rather allow learning about other faiths equally. I have the utmost belief in Christ as my saviour, but that does not mean that the faiths of Judaism, Sikhism or Islam are of no interest to me.

I can recall the 1960s and 1970s, when I was at secondary college. Our religious education teacher asked the class whether we wanted to know about other religions, and the answer from us all was that yes, we did. Our teacher then introduced us over a period of time to other religions. In the closed society we were in, we perhaps did not have any knowledge of other religions. That teaching gave us an opportunity to understand these things at an early stage. Through another teacher in a different subject I had the chance to understand Irish history. As a proud Unionist, it did not do me any harm to understand Irish history—understanding it a wee bit better never made me less of a Unionist. It does not harm anyone to understand things from another perspective, but it does let people develop a wider understanding and respect for others, which is what I try to do in my life.

We live in an ever-changing world; nowadays people can believe and be practically anything. In my eyes, one thing that does not change is the importance of religion—not just my own belief in Christianity, but everyone else’s beliefs as well. As chair of the APPGs for international freedom of religion or belief, and for Pakistani minorities, I know that the study of religious education allows us a chance to learn about religions without feeling the socialisation or pressure of today’s society.

As always, there was not a thing that the hon. Member for Congleton (Fiona Bruce) said that I do not agree with. She touched on the Uyghurs, the Falun Gong in China, the Baha’i in Iran, the Yazidis in Iraq and the Rohingya Muslims. In Nigeria, which we visited in May and June, we ascertained just how bad the persecution of Christians was, but it is getting worse—there is less understanding. That is so frustrating, because the people we talked to told us they were trying to bring things together, but the reality is that that is not happening.

[Fiona Bruce]

Does the hon. Gentleman agree that it is not too lofty a thing to say that helping our young people understand how important it is to respect the freedom of religion or belief of others of different faiths and beliefs contributes towards nothing less than global peace? So many atrocities across the world start small and locally and then grow. If we can develop a generation in this country that has respect, and we can promote that across the world, we will be able to stop local friction developing so that people can learn how to live together peaceably. We will then see a better world for the next generation.

[Jim Shannon]

I wholeheartedly agree with the hon. Lady. That is something we should all strive to make happen. I am reminded of the Hindus in Pakistan and the Ahmadi Muslims in India as examples of people across the world with a different religious viewpoint who are terribly persecuted, both physically and mentally.

My youngest staff member chose to drop religious education at GCSE in order to focus on mathematics, as that was what she wanted to do. She has since said on numerous occasions that she does not feel informed about what people believe and why they choose to believe it. She says it was great to pursue mathematics, but in a way it is a pity that she did not get that understanding at an earlier age.

While I appreciate that education is devolved and our curriculum guidelines differ slightly, the principle that religion is important remains the same. I call on the Education Secretary—we are pushing at an open door—and respective regional Ministers to ensure that the teaching of religion in modern Britain remains in our schools to help to tackle religious discrimination and promote respect for others with a different religion or faith. It is difficult to see a path forwards if we do not know where we have come from. For me, the teachings of Christ, which tell a child that they are loved and chosen, that there is a plan for lives and that they are not alone, are imperative. When social media tells them that the opposite is true, we need the calming influence of religious education in schools.

I am far from perfect—I am probably the most imperfect person in this room—but I believe that the creator, God, has a job that he has set only me to do. Oh, that more of our young people across this great nation would understand their unique, divinely appointed role and that, no matter what the world may say to them, they are special and worthy. I believe that RE plays an important part in understanding that. It is as essential a skill as home economics or technology. When we talk about the important things for future vocations, we should note that religious education in schools is a calming influence and gives us a better understanding of those around us. The hon. Member for Cleethorpes referred to a Scripture text, and I will finish by quoting Jeremiah 29:11, which says:

“‘For I know the plans I have for you,’ declares the Lord, ‘plans…to give you hope and a future.’”

Who does not need that?

--- Later in debate ---

[Nick Gibb]

My right hon. Friend will recall that when that decision was taken by my right hon. Friend the Member for East Hampshire (Damian Hinds), Catholic schools were encouraged to use the voluntary aided route to establish a new school. Of course, we will continue to keep all these issues under review.

I reiterate the Government’s commitment that schools in England should continue to teach religious education. It is mandatory now and we have no plans to change that, but there is scope to work on achieving greater consistency in standards. We will seek to improve that through the work of the Oak National Academy.

[Fiona Bruce]

The Minister may recall that this summer the UK hosted a very successful international conference on freedom of religion or belief, to which 88 Governments sent delegates. Out of that, the International Religious Freedom or Belief Alliance is working on developing workbooks for primary school pupils to help them to understand the importance of not discriminating against others of different faiths or beliefs, just as pupils in many countries across the world understand not to discriminate against, say, disabled pupils. Will the Minister meet me as we work on that project? We now have 42 countries in our alliance, and our aim is eventually—while respecting those countries’ different cultures—to promote and ideally disseminate that through the Education Departments of our respective countries.

[Nick Gibb]

I would be delighted to meet my hon. Friend. I pay tribute to her for the superb work she does in her role as special envoy. I would also be delighted to meet my hon. Friend the Member for Cleethorpes and the RE Policy Unit to discuss these issues further. I think that is a good note to end on, so I will finish my remarks there.

Higher Education (Freedom of Speech) Bill (Twelfth sitting)

Fiona Bruce Excerpts

Wednesday 22nd September 2021 Public Bill Committees

Brought up, and read the First time.

[Fiona Bruce (Congleton) (Con)]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 13—Unfair dismissal in violation of academic freedom—

“(1) A member of academic staff of a higher education provider who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is any act or omission by the provider which contravenes the duty in Section A1.

(2) For the purposes of dismissals under subsection (1), Section 108(1) of the Employment Rights Act 1996 (Qualifying period of employment) shall not apply.

(3) Notwithstanding Section 124 of the Employment Rights Act 1996 (Limit of compensatory award etc.), there shall be no limit on the level of compensation that can be awarded in cases of unfair dismissal in violation of academic freedom.

(4) Section 128 of the Employment Rights Act 1996 (Interim relief pending determination of complaint) shall apply in cases of dismissals under subsection (1).”

This new clause would render a violation of clause 1 in employment practice as unfair dismissal, regardless of the period of employment at a higher education provider, with no cap on the level of compensation. Interim relief would be available to complainants in such cases.

[Fiona Bruce]

New clause 5 would ensure that employment tribunals had jurisdiction to hear claims relating to the duty in new section A1 of the Higher Education and Research Act 2017. This Bill has been introduced in part because of the high-profile instances of academics being dismissed. Many of the controversial examples have involved extramural speech rather than research or teaching, which again emphasises the importance of our earlier discussion grappling with the proper ambit of protection of academic freedom

The Committee will recall that Kathleen Stock, who gave oral evidence, faced calls for her dismissal due to her gender critical views. In 2019, we heard about Sarah Honeychurch, a lecturer who was sacked as editor of the academic journal Hybrid Pedagogy after signing an open letter to The Sunday Times criticising LGBT training in universities. What legal remedy do such academics currently have? One may argue that higher education providers, as public authorities, could be judicially reviewed, but judicial reviews are often prohibitively expensive, particularly for junior academics. Moreover, judicial review does not ordinarily review the merits of an decision, but more usually involves consideration of whether the correct procedures have been followed, which may still not capture some of the mischiefs identified by the Government before introducing the Bill.

Crucially, there is a real risk that, even if they were able to pursue a claim in the High Court, a dismissed academic may not be able to claim dismissal-related losses if they were dismissed due to an exercise of their lawful free speech and academic freedom. In the case of Johnson v. Unisys Ltd, the House of Lords took the view that the clear intent of Parliament was that dismissal-related cases and claims of a similar nature

“should be decided by specialist tribunals, not the ordinary courts of law.”

That is why I have tabled this modest but hugely significant amendment. We must ensure that those who have been dismissed due to the exercise of academic freedom have an appropriate route of challenge in the employment tribunal—a venue that has the relevant specialisms to deal with dismissal claims, recognising the spirit of and understanding the letter of the law the Bill will introduce. Employment tribunals also have appropriate procedures to simply and significantly reduce the cost burden of claims, especially when compared with the complexity and expense of claims in other proceedings, such as judicial review proceedings.

It may be argued that employment tribunals already deal with claims concerning free speech and that is correct, but invariably such claims must be linked to a protected characteristic, in particular freedom of religion or belief, which has a very specific meaning in equality and discrimination law. I anticipate that most academics would not ordinarily be able to argue that their academic viewpoint springs from their philosophical or religious beliefs, and nor should they have to. Academic freedom is there to ensure that academics have the space to rigorously test and develop new ideas. Dismissal on that basis ought to qualify for specific and special protection with meaningful remedies.

The amendment would address that problem and is consistent with evidence we heard, such as the recommendations from Tom Simpson, who said, for example,

“would seriously support considering introducing the employment tribunal as the first court to consider cases of dismissal in that situation, in addition to the existing measures in here.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 72, Q149.]

I spoke about the Bill to associate professor in the faculty of law at Oxford, Paul Yowell, and I thank him for his time. He particularly emphasised how important he considers such an amendment. I take the opportunity to refer colleagues to his Policy Exchange paper published in the last few days, “The Future of Equality”.

In his evidence, Professor Goodwin astutely pointed out:

“If the current system with regard to sacking and dismissal were working, we would not be having this conversation. We would not have had dozens of academics appearing in the newspapers. There was another one this weekend from the University of Bristol who was accused of being Islamophobic. The university had ruled that he was not Islamophobic, but had none the less removed his course in response to student satisfaction.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 96, Q195.]

He said “satisfaction”, but I think it might have been dissatisfaction. In any event, the academic’s course was removed in response to comments from students.

[Mr Jones]

Like the right hon. Member for South Holland and The Deepings, the hon. Lady obviously reads a lot into individual cases that are highlighted in the press. I have some sympathy with her new clause, but it would not prevent people from being appointed. People would find other reasons for debarring people from applying. Could she address the issue of tenure? Employment tribunals deal in contract law—contracts between individuals—but tenure is slightly different. Would the new clause require a change to the way tenure is given to academics?

[Fiona Bruce]

That may require some consideration, but as I am sure the right hon. Member knows, tenure is attained only after very many years of often insecure academic life on the part of academics, and that is one of the issues of which we need to be acutely aware when looking at the Bill.

[Mr Jones]

I am aware of that, but if somebody who has tenure is dismissed from a university because of their views, they would not actually be protected by new clause 5. Although I agree with what the hon. Lady is trying to achieve, it may be difficult to achieve because of the issues around tenure.

[Fiona Bruce]

I am not entirely taking the right hon. Gentleman’s point—it probably requires some reflection on my part—but I thank him for raising it, and no doubt the Minister might do the same.

Professor Nigel Biggar noted that

“appeal to the courts is expensive and risky. It seems to me that academics who have lost their job ought to have readier access to lodge a complaint than through the courts.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 31, Q62.]

I hope the Minister will consider my comments.

[Matt Western]

I understand the points that have been made by the hon. Member for Congleton, and I appreciate the sentiment, but I disagree with how new clause 5 is worded, because implicit in its words is quite a narrow conception of unfair dismissal. New clause 13 is broader and affords greater protections, and I hope that the hon. Lady will support it.

Several witnesses underlined why the inclusion of employment law provisions in this conversation is so important. When questioned by my hon. Friend the Member for Brighton, Kemptown on whether employment law would be a better basis for defining some of these rights, Professor Stephen Whittle responded with a categorical yes. In her evidence, lawyer Smita Jamdar said:

“there are often cases where there is a very vigorous disagreement about whether something was an exercise of academic freedom or not when it relates to criticism of the institution.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 57, Q110.]

Employees need the full protection of the law, which is what new clause 13 seeks to provide. Employees would not have to conform to the stringent requirements for bringing an unfair dismissal claim—usually, a two-year qualification period and a range of reasonable responses test, which is construed broadly, often in favour of the employer. They also would not be subject to capped damages awards. There was cross-witness support for this, including from Thomas Simpson, who said:

“I would seriously support considering introducing the employment tribunal as the first court to consider cases of dismissal in that situation, in addition to the existing measures in here.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 72, Q149.]

On Second Reading, the hon. Member for Devizes (Danny Kruger) said:

“We should allow academics to appeal not just through the civil law but to an employment tribunal if their academic freedom is restricted.”—[Official Report, 12 July 2021; Vol. 699, c. 76.]

New clause 13 is actually an extrapolation of new clause 5. We think that it is broader.

--- Later in debate ---

[Michelle Donelan]

The point I am trying to make is that an employment tribunal will determine whether a dismissal was fair or unfair, depending on the specific circumstances of the case. Therefore, it may take into account breaches of academic freedom of speech. The Bill does not amend employment law in this regard and we do not think it would be appropriate to make dismissal because of a breach of the new duties an automatic unfair dismissal.

The Bill does, however, give new protections to academic staff, including those who may not have employee status or who have been employed for less than two years. It therefore broadens the scope of the current provision section 43 of the Education (No. 2) Act 1986, to ensure that visiting fellows, for example, have the freedom to research and teach on issues that may be controversial or challenging, without the risk of losing their post.

The Bill provides new specific routes of redress for those without employee status, including a complaints scheme operated by the Office for Students and a statutory tort. I hope that Members are reassured that the Bill strengthens protections for academic staff and employees. It expands the range of available routes of complainants and ensures that a wide range of individuals are able to secure redress.

[Fiona Bruce]

I hear what the Minister says, as well as the comments from other Members, but there is still a lack of clarity. The Minister said that an employment tribunal will decide if a dismissal has been fair or not fair, and may take into account academic freedom.

[Sir John Hayes]

The emphasis here is on “may take into account”, in my hon. Friend’s words. The important thing is that those tribunals understand both the spirit and letter of the law that the Bill will become, and that the context that she set out is well understood by all concerned.

[Fiona Bruce]

The Government might want to continue to consider this issue as the Bill progresses.

[Mr Jones]

I am now a bit confused by what the Minister has said. Tribunal cases are done on case law. I am not aware of any case law in which unfair dismissal has been upheld on the basis of a freedom of speech issue, so I am at a loss as to what the Minister has said. However, I agree with the hon. Lady that this is something that needs to be looked at in detail on Report.

--- Later in debate ---

[Fiona Bruce]

I agree; the Government should consider the matter in the light of the nature of academic contracts, which have been discussed in the course of the Committee’s proceedings.

I will not press new clause 5 to a vote, but I do ask the Minister to consider the matter carefully and to be aware that it is likely that colleagues in the House may want to revisit it as the Bill proceeds. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 6

Sunset clause

“(1) This Act expires at the end of the period of 3 years beginning with the day on which it is passed.

(2) A Minister of the Crown may by regulations made by statutory instrument remove any of the provisions of this Act after one year from the day on which it is passed if he is not satisfied that the provision is working as intended.

(3) Before three years from the day on which this Act is passed a Minister of the Crown must present to Parliament a written report on the effectiveness of the provisions of the Act.

(4) A Minister of the Crown may by regulations made by statutory instrument renew this Act, subject to parliamentary approval in full or in part, or make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

(5) Regulations under this section shall be subject to the affirmative procedure.”—(Matt Western.)

This new clause would mean the legislation would have to be renewed by Parliament after a period of three years.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Higher Education (Freedom of Speech) Bill (Eleventh sitting)

Fiona Bruce Excerpts

Wednesday 22nd September 2021 Public Bill Committees

[Matt Western]

I beg to move amendment 79, in clause 8, page 11, line 23, at end insert—

“(d) providing an annual update made available to students’ unions and higher education institutions on—

(i) the number and nature of complaints made to OfS regarding freedom of speech; and

(ii) examples of what OfS believes to constitute unacceptable infringements of freedom of speech as set out in this Act.”

This amendment would help monitor this impact of the legislation and assist student unions and higher education institutions to stay within the law as set out in the Act by providing examples of bad practice.

The amendment stands in my name and that of my right hon. Friend the Member for Hayes and Harlington. It simply seeks an annual update that would be made available to student unions and higher education providers to enable them to understand the nature and scale of the complaints being made to the OfS about freedom of speech, along with examples that the OfS believes to be infringements of freedom of speech as set out in the Act. The amendment seeks to address the undefinable nature of the so-called chilling effect and help institutions and others to navigate this tricky territory. As Dr Bryn Harris noted,

“one way to resolve the potential conflict that we were talking about, between the Equality Act and this Bill, would be to have guidance to help universities navigate this very fine line.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 80, Q169.]

Although the amendment does not relate to the guidance to be published by the OfS, it would inevitably form part of a wider subset of guidance that universities and student unions could look to to help them craft their codes of practice to try to make this work in reality—day to day, and week to week—on campus. That would, in turn, help student unions to reduce their budgets and the cost to their members, and it would help to reduce the costs for higher education providers as well, because they would be able to rely on what we imagine will be an expanding set of guidance examples. That is important because, as the Government’s own impact assessment states,

“SUs are the main affected groups that we expect to incur costs including: familiarisation costs; compliance costs: the direct costs of complying with the regulation and enforcement”.

My real concern is what the intended or unintended consequences of the legislation will be for the viability of our student unions. Irrespective of our political positions, we know that their vitality and viability is important to life on our university and further education campuses.

The amendment would also provide evidence of whether the Act was working. Thomas Simpson said in evidence:

“The test for success is in 10 years’ time, when it is more embedded.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 63, Q125.]

I am not sure we can wait that long. If it is to work—I do not believe it will—it needs to be effective immediately. We need to see some significant changes in the months of the first year. If the test for success means waiting 10 years, how can the Government claim to be meeting the test if there is insufficient data to back up the claim? That is why reporting is so important. As I have said before, the OfS already collates data on the number of events that are cancelled as a result of the Prevent duty. The amendment is simply an expansion of that duty.

[Fiona Bruce (Congleton) (Con)]

I want to speak to the amendment because it is important that there is public understanding of what the amendment calls the “nature of complaints made”. I am not sure whether the amendment would add anything to the regular reviews and reports in the amendment proposed by my right hon. Friend the Member for South Holland and The Deepings, which the very thoughtful Minister—she has promised to do a lot of thinking following comments made during this Committee—is going to consider.

It is essential that there is a good, clear understanding of the deliberations of the director. I very much support clause 8 and having the office of an individual who is responsible for looking at this kind of issue. It is really important that there is clarity on the deliberations and decisions of the director about the concerns referred to him.

I want to highlight an example of the nature of complaint that we are talking about. Yesterday, after the Committee last sat, an article entitled “Oxford college run by former equalities head apologises for hosting Christian conference” appeared in The Daily Telegraph. It said:

“New case of 'cancel culture' as Worcester College acknowledges 'distress' caused to students.

An Oxford college run by the former head of the equalities watchdog has apologised to students for hosting a Christian conference…In what has been described as the latest incident of ‘cancel culture’ at British Universities, Worcester College acknowledged the ‘distress’ that it had caused students by hosting a Christian Concern training camp… Christian Concern held its annual week-long Wilberforce Academy at the beginning of September, whilst Worcester College was closed for the summer break. The evangelical… group says that more than 100 young people were ‘very warmly welcomed, including by the Provost, received many compliments from the staff, and were not aware of any complaints or concerns’.”

However, students, presumably from Worcester College, are

“understood to have complained that the curriculum for the residential camp was Islamophobic as it included a discussion on the ‘nature of Islam’”.

[Lloyd Russell-Moyle]

The hon. Lady is describing an event that went ahead—it was not cancelled. Some students had complained about it and the college has acknowledged the hurt, but it is not proposing to cancel it in the future. So what is the point?

[Fiona Bruce]

Actually, I think the endeavour is to cancel this in the future.

[Lloyd Russell-Moyle]

Have they said that?

[Fiona Bruce]

No, but it is my opinion that the endeavour is to cancel this in the future.

The definition of Islamophobia was actually debated in this place just a few days ago. The Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Walsall North (Eddie Hughes), said:

“we cannot accept a definition of Islamophobia that shuts down legitimate criticism and debate. Freedom of speech is the foundation of a healthy society, allowing for debate and disagreement underpinned by the values that bind people together—tolerance, equality and fairness.”—[Official Report, 9 September 2021; Vol. 700, c. 204WH.]

It seems to me that the mere discussion of the nature of Islam, which seems to be the allegation here, cannot possibly be construed as Islamophobic.

[Sir John Hayes]

I entirely endorse what my hon. Friend is saying. Once the master had apologised, it is unlikely that the conference would be run there again. That is the point. Often, the people who issue these apologies are not malign or malevolent, but weak and weary or befuddled and bemused. This master may not be the brightest spark in the fuse box—we do not know—but clearly he was not shining brightly on this occasion.

--- Later in debate ---

[Fiona Bruce]

I thank my right hon. Friend for that comment.

Finally, the Wilberforce Academy has been held at Oxbridge colleges for the last 11 years. I have actually spoken at one of its conferences; the students who attend the conference are serious young people seeking to inform themselves about issues of the day. We need to encourage that, not shut it down.

[Michelle Donelan]

Amendment 79 would make the director for freedom of speech and academic freedom responsible for providing an annual update to higher education providers and student unions on the number and nature of freedom of speech complaints that the Office for Students has dealt with, as well as examples of unacceptable infringements of freedom of speech.

It is important that the OfS is accountable for the operation of the complaints scheme. That is why clause 4 provides that the Secretary of State may require it to include a special report in its annual report on matters relating to freedom of speech and academic freedom. Such a report must be laid before Parliament so that Parliament and the sector may scrutinise it. Equally, paragraph 12 of proposed new schedule 6A to the Higher Education and Research Act 2017 provides that the Secretary of State may request that the OfS conduct a review of the complaints scheme or its operation and report on the results.

As for what the OfS believes constitutes unacceptable infringements of freedom of speech, it will issue guidance to providers and student unions to help them to comply with their duties under the Bill. In particular, it will consult on and issue changes to the regulatory framework, under section 75 of the 2017 Act, which states that the OFS

“must include guidance for the purpose of helping to determine whether or not behaviour complies with the general ongoing registration conditions.”

That guidance may specify

“descriptions of behaviour which the OfS considers compliant with, or not compliant with, a general ongoing registration condition”

as well as

“factors which the OfS will take into account in determining whether or not behaviour is compliant”.

Similar guidance will be included for student unions.

--- Later in debate ---

[Mr Jones]

As I have already stated, I have deep concerns about the Bill. It comes back to what we define as freedom of speech. In the evidence sessions, we found different views and different incidents, in terms of no-platforming and organisations being stopped from using buildings. The hon. Member for Congleton raised Christian Concern. I have read its website. It holds some quite extreme views, and I could understand why it would cause offence to certain students. In my opinion, it is down to the institution whether they allow such an organisation’s event to take place. For example, a gay student would be concerned that the organisation in question was questioning things such as the ban on gay conversion therapy. I understand why people might think that is what their institution should be about—disagreements.

[Fiona Bruce]

I am actually very glad that the right hon. Member mentioned that point. That is the other issue that was mentioned in the press report that appeared to cause concern to the students who complained about it. Conversion therapy is going to be the subject of a Government consultation. It is a current, contentious issue, on which people have different views.

[Mr Jones]

They do. I think it is up to an institution whether they allow people to complain, if they want to complain about that. I am a bit concerned that Gerald Batten, a former UK Independence party leader, who has some quite horrific views on Islam, for example, wrote the foreword to one of the organisation’s documents. Putting that point to one side, people can complain about these organisations, which is good. I personally think it is down to the institution to decide whether it should allow its buildings to be used.

As I have said before, the reason the appointment is so important is that the individual will have a lot of power in deciding what is defined as freedom of speech. In the Bill, we skirt around the issue; we have not got a clear definition of freedom of speech. We know from the discussions that we have had in Committee that the definition varies between different individuals. The right hon. Member for South Holland and The Deepings, whom I have huge respect for, said that it is about people’s principles. That is what concerns me, because people’s principles are very different, and that is the problem. Today, it will be the Conservatives who can make political appointments, because they have a majority in this Parliament. They can appoint who they wish. But what happens if we have a Government of a very different complexion—they could be extreme right or extreme left—who want to put forward someone who will interpret the definition of freedom of speech? That could have a chilling—I will use that word again, because it is the in word—effect on the way the state or the Government of the day dictate to independent institutions what they can and cannot discuss, and what they can and cannot do. I say again that the Bill is very unconservative in that respect.

I do not think my hon. Friend the Member for Warwick and Leamington is asking for something radical. I know it is out of favour with the current Government, but he is basically saying that we should have a system underpinned by the Nolan principles. Sir Christopher, you are long enough in the tooth to know why those principles were brought in. Let us be honest: they were brought in during a very squalid period of our history in the early 1990s, when individuals connected to the Government of the day were involved in some quite unsavoury practices. I am always wary that things such as the Nolan principles should not become like tablets of stone. However, they have served us as a nation well, not just for national appointments, but in local government and other institutions. We should ensure that people are appointed on merit and because of their abilities and expertise in an area.

If the Government’s current direction of travel is to ignore the Nolan principles in large part, I would be quite relaxed about it, but we have a Prime Minister who is determined to put a Government stamp on an array of institutions, from museums right through to universities. It concerns me that we do not have safeguards in the Bill as regards an individual who will have a lot of power.

Higher Education (Freedom of Speech) Bill (Tenth sitting)

Fiona Bruce Excerpts

Monday 20th September 2021 Public Bill Committees

[Michelle Donelan]

The OfS did publish data around no-platforming, but as we heard from several of the witnesses who appeared before the Committee, no-platforming is just the tip of the iceberg. It is the chilling effect that we are dealing with in the Bill. To minimise that, and focus just on no-platforming, is to fail to understand the gravity of the issue that we are trying to tackle.

The governing body of the registered provider is required to provide the OfS with such information as it may specify to assist the OfS in performing its functions. The registration condition also requires providers to take such steps as the OfS may reasonably request to co-operate with any monitoring or investigation by the OfS, which may include providing explanations or making staff or documents available. In addition, following Royal Assent to the Bill, we will fully expect the OfS to consult on the detail of the new registration conditions relating to freedom of speech, in accordance with the statutory provisions on consultation in section 5 of the Higher Education and Research Act 2017.

This process will enable the OfS to best understand what is required from the providers in order to comply with the new conditions, including by way of reporting and information. Adding a further separate information requirement to the 2017 Act would cause duplication with section 8 and the existing registration conditions and could also increase bureaucracy. As I have said throughout the Committee stage, I will commit to take away the issue of reporting and seeing how we could go further.

[Fiona Bruce (Congleton) (Con)]

I had hoped to speak for a moment against the amendment but, before the Minister concludes, I draw the Committee’s attention to the written evidence that was submitted by Professor Kaufmann, I believe after he gave his verbal evidence. He confirmed that the number of cancelled events is tiny—just a handful among some 10,000—and he gave us some very interesting survey data about the much deeper and widespread crisis in our universities of the chilling effect of self-censorship.

Higher Education (Freedom of Speech) Bill (Ninth sitting)

Fiona Bruce Excerpts

Monday 20th September 2021 Public Bill Committees

[Matt Western]

I will come on to that. We have an amendment to that effect, which would ensure that this is not some kind of free-for-all and that we do not open the floodgates, as described by Dr Renton and Professor Scott-Baumann.

[Fiona Bruce (Congleton) (Con)]

I do not know whether the hon. Gentleman has ever been involved in litigation, but I have—not in a professional capacity, as a solicitor, which I am, but as the subject of litigation. It is traumatic and personally debilitating not only for the individual but for their family. We need to remember that most people do not enter into litigation lightly, and it is unlikely that these young people will do that. I think they will think very seriously and carefully before going to court to make their claims.

[Matt Western]

I absolutely take on board the hon. Lady’s point. I can answer her question honestly, and say that I have been involved in litigation at least once. I agree that young people would not enter into it lightly, and nor would academics of older years. It can be utterly corrosive to the individual and quite self-destructive; it is the sort of thing that people would want to avoid. My point is that some people will, through organisations, seek to engineer circumstances that play into their machinations on campus. We have to be extremely careful of that, because those people can be incredibly well-funded, as was made clear in the point I mentioned earlier.

--- Later in debate ---

[Lloyd Russell-Moyle]

We have heard why the clause is dangerous, and I will talk briefly about two reasons why it should be opposed.

First, I will touch on the real chilling effect that I believe the measure will have on institutions. It is a lawfare charter, or an ambulance-chasing lawyer’s charter. Lawyers will go around knocking at institutions’ doors, and they will say to those three students who did not fill in the paperwork correctly to register their student club, “Do you think you’ve been slighted?” because the clause gives them the right to seek damages if the club is not registered. Those people, not the students or staff, will push the boundaries in all different directions.

There are people out there who look to make a quick buck when law is bad. In the past, we have had to rewrite law in this place and remove such opportunities because we had allowed massive loopholes. The easiest and cleanest way to stop that from happening is by following the evidence that we have heard, according to which the tort should be a backstop, not a front foot. At the moment, the Bill allows it to be a front foot.

The Amber Rudds of this world may not go running to the lawyers, but lawyers may come knocking on the door of a poor student or someone on a casual contract who is struggling to pay their rent. Large numbers of university academics struggle to pay their rent day in and day out, because their occupation is a very poorly paid one with low job security, except at the very top. We all have experienced something similar after car crashes, and it drives people crazy. It drove me crazy when I had a little prang at Bradford airport, which did not even cause a dent on either car, because for months afterwards I had lawyers ringing me and saying, “Do you want to claim compensation for whiplash?” The crash caused no damage to me whatsoever, but if I had been struggling to pay my rent or make ends meet, that would have been a temptation. I am afraid this clause opens up that possibility.

The first way to stop that happening is by requiring people to pursue the complaints procedures internally. I do not understand the Minister’s point about an external speaker being unable to complain using an internal process. In fact, we heard how an hon. Member in this room had managed to complain, although it was difficult. Perhaps external people should be able to complain internally. I think most people would like there to be a clear complaints process for external speakers as well.

[Fiona Bruce]

I remind the hon. Gentleman that even though the complaint that I made was upheld, it was futile, because only a year or two later there was an attempt to no-platform me again by the same group, in the same college. That is why this Bill and the recompense—this tort that we are talking about now—are so necessary.

[Lloyd Russell-Moyle]

The hon. Lady is exactly right that it is necessary to clarify that process to ensure that it is streamlined and clear, but under this Bill she might have complained first to the institution, the next time to the Office of the Independent Adjudicator and the next time to the person for free speech. There is no process for creating case law, for want of a better word, and setting a decent precedent. There is no precedent to be set here.

In fact, there are so many ways to complain that it will frustrate the process even more. It would be better to say, “This is the process you have to go through,” so the regulator can see that there is another complaint coming through about the same thing and can escalate it. One way would be to require people to go through a single process; first a free process in the institution and then a free process with one of the regulators. I am easy about whether it is with the Office of the Independent Adjudicator or the director for freedom of speech, as long as it is clear what powers they have.

If all ends are lost or the complainant feels that those offices have come to the wrong decision, they can take it directly to tort. That would allow a quasi-appeal process. At the moment, the director for free speech does not have an appeal process, so if someone thinks that it has come down on the wrong side, they will be stymied and unable to do anything. If it were clear that after going to the director for free speech, people could go to courts for tort, there would be an appeal process.

We do not know who the director for free speech is. Although I trust lots of people who are experts, everyone is fallible and will sometimes make the wrong decision. It seems wrong and unfair to rely on the director for free speech alone to make decisions that people will always be happy with. The director will not rely on case law or precedent, because they will be a law unto themselves when it comes to precedent.

The other way of making this tort section half-decent would be to limit costs. Most student societies have probably about £100 in their bank account. Are we asking a student society, which we have been told will be covered by this provision, to have a liability that is beyond what is in its bank account? Or are we saying that the student union should hold the liability for every single private student association?

Let me make the situation very clear. A student club in a university is a private association of private individuals, which sits under the university and chooses to affiliate to the union. In this Bill, we are proposing, as a Parliament, to include such associations and make their actions a liability of the student union. I know of no other organisation that is liable for the actions of a group of private clubs that happen to affiliate to it. It would be like making working men’s club associations or Conservative club associations—I cannot remember their detailed names now—liable for what happens in every single constitutional club or working men’s club in the country. It is absolutely bonkers, wrong and beyond the pale to engage in giving institutions this level of liability for small clubs that have very little to do with them, apart from an affiliation with them and the fact that one or two students might be members.

Another simple thing that could be done with the tort is to make it very clear that damages can be sought only if damage has been caused directly by the institution or the student union, not just by some of its affiliate bodies, over which it might have no regulatory role. The other way to make the tort sensible and limited is to put a cost cap on it. At the moment, unlimited liability means that institutions and student unions will settle, because there is a risk. If there is no cap, they cannot go to court and say, “We think we might have a bit of an argument here, and we think we have made best endeavours.” As the Minister will say, it is about best endeavours, and there is no case if the university has done its best and things still could not go ahead. That argument will be irrelevant, because if there is unlimited liability, there is a real danger that the university will say, “Okay, we’ll pay out £1,000 out here, and we’ll pay it out there.” Soon, those thousands of pounds will be tens of thousands of pounds.

That could cripple a student union in one go. I know that Government Members might not really understand this, but most student unions are small institutions that have only a few thousand pounds in their bank account. They do not even have £10,000. This idea that student unions are some big organisation that people can draw some sort of tort from is so out of touch with the sector.

It is so disappointing. I might disagree with the need for this measure to be in a Bill—I think that the same thing could have been done through regulation or by bumping up the Office for Students within its framework, but we can agree to disagree on that, and it is the Government’s right to introduce legislation if they wish—but bringing in a tort destroys the whole point of trying to secure people’s free speech. It will mean that student unions will say, “No, we can’t have your societies registering with us at all. We can discriminate against all, or we have to regulate every single thing that you do, so now you just cannot affiliate.” With all those student societies—including the student politics society that I will speak next week or the week after at Sussex University, or the Labour club at Bradford University where I plan to speak in a few weeks’ time—the universities will just say, “It’s too complicated. We’ll shut them down.”

It will be the same for Government Members. They consider free speech societies to be so important, and I agree; they are important for a student’s educational experience. Those societies and the Conservative clubs, or Conservative Future clubs—whatever the youth wing of the Conservative party is called nowadays; I can never keep up—will all be automatically disaffiliated. We have already seen that happen in Oxford; I am not making this up. Oxford University student union did it with the UN women’s society. The student union just disaffiliated that society, which still exists and still meets. The society can be as rude as it was with Ms Rudd, because it is no longer affiliated.

Higher Education (Freedom of Speech) Bill (Seventh sitting)

Fiona Bruce Excerpts

Thursday 16th September 2021 Public Bill Committees

[Sir John Hayes]

I do not agree with the Minister on this. The risk is that the new director for freedom of speech and academic freedom will be driven, as I implied earlier, by queries and complaints. The Minister emphasised in her response the investigative role of that individual. That risks inconsistency, rather than consistency. The amendment I tabled might be imperfect in its detail—I am always prepared to concede that point, because Government have at their disposal all sorts of clever people who can draw up amendments far more carefully than I can—but I think that creating openness and a degree of consistency and transparency in the process is important.

[Fiona Bruce (Congleton) (Con)]

I am listening to what my right hon. Friend said, and I heard what the Minister said, but is not the mischief that my right hon. Friend is seeking to address the fact that in universities, challenges to freedom of speech are so widespread—so entrenched, in many cases—that there needs to be real impetus to engender change? That is what this positive obligation would impose, so that we do not see again—as in the King’s study—that 25% of students, or half a million people, say that they feel inhibited from speaking freely. If, over time, there are much healthier reports, the frequency of the report that he has suggested could perhaps be reduced, but initially we need this energy and impetus urgently.

[Sir John Hayes]

Yes, I did not emphasise that point in my opening remarks, or just now, so it is important to say how serious we are about this, and to send that signal to universities; my hon. Friend is right. However, from the Government’s point of view, my suggestion would create more clarity about the role of the new director. It is important that during the passage of the legislation, we learn a bit more about how his office will work within the Office for Students. At the very least, I hope that the Minister will agree to be clearer about that, because we do not quite know how proactive or reactive that individual will be. As the legislation progresses, universities deserve that clarity, as do Members of this House and parliamentarians in the other place.

--- Later in debate ---

[Lloyd Russell-Moyle]

Amendment 75 allows for consultation on the uses of premises, and would ensure the issue was covered by the code. As he mentions, amendment 74 is about future amendments to the code.

The Education Act 1994, introduced by a Conservative Government, regulated how student unions affiliate and who can affiliate with them, and created a democratic element to that. The Act requires a certain threshold of student turnout, and regular student polling to ensure that student unions do not affiliate with organisations that the student body might no longer feel it appropriate to affiliate with. That is why, up and down the country, student unions must have regular ballots on whether they should continue to affiliate with the National Union of Students. Some student unions—very few—choose not to affiliate with it. Southampton was one in my day, although it might have affiliated since; I cannot keep up with these things. Those requirements are quite right.

The procedures introduced by the Bill, particularly about a code of conduct that will regulate who can speak on campus and how, need to have that democratic aim. I would be more than happy if the Minister said, “This isn’t quite the wording. We want to incorporate some of the wording from the 1994 Act, as there are some parallels.” That would be great. However, there needs to be an appreciation of how students and staff will be balloted on both the use of premises and, more broadly, on the creation of the code of conduct and any amendment of it. Otherwise, there is real danger that the code will be written for a university’s public relations purposes, rather than to ensure a university’s academic rigour.

[Fiona Bruce]

I have listened to the debate, and I am troubled by amendments 75 and 76. I believe I heard the the right hon. Member for Hayes and Harlington say that the best form of consultation is ballot. I would normally construe that to mean a secret ballot. I am happy to be corrected if I misinterpreted his words. The whole aim of the Bill is to promote and secure freedom of speech—to open up dialogue at universities. We could end up with the almost bizarre situation in which people could vote in a secret ballot for what witnesses described as the monoculture, or even vote a certain way because of prejudice against a particular speaker, without having to give any reason why. I strongly believe that if the decision is made not to allow a speaker, or not allow the use of premises, those making that decision should publicly justify it; that goes to the heart of the Bill.

[Michelle Donelan]

I will try to be brief and not take interventions, given the time. Amendment 74 seeks to ensure that university authorities set out procedures to facilitate peaceful protest on campus and to engage with campus stakeholders on amendments to the code of practice. Amendments 75 and 76 would require the governing body to have a democratic procedure for decisions taken on use of their premises, and a provider would have to have particular regard to that procedure.

Proposed new section A2 of the Higher Education and Research Act 2017 will require registered higher education providers to maintain a code of practice, as they are already required to under section 43 of the Education (No. 2) Act 1986. Providers will, of course, need to revisit their existing codes after Royal Assent to ensure that they are fit for purpose and comply with the new duties of the Bill.

To help providers to update their codes, the Office for Students will in due course issue comprehensive guidance about what should be included in a code of practice. As well as setting out the provider’s values relating to freedom of speech and how those values uphold freedom of speech, the code of practice must set out the procedures to be followed when organising meetings and activities, as well as the conduct required in connection with them, and the criteria for decision making on the use of premises. This will ensure that individuals on campus are aware of the ways in which freedom of speech and academic freedom are effectively secured by the provider, and will provide guidance on how individuals can go about exercising their freedom of speech.

Although we encourage providers to work with their university community to ensure these values are upheld in a transparent way, we do not think there is a need to consult on subsequent changes to the code, as would be required under amendment 74. As for the right to peaceful protest, which is also covered by amendment 74, this is a fundamental tool of civic expression. It is in itself an aspect of freedom of speech, and so it is protected by the Bill. For example, if there is a protest against an academic because they have said something controversial but lawful, providers will need to decide what they can do that is reasonably practical to ensure that that academic can speak freely, but without limiting the peaceful protest surrounding them. Proposed new section A2(3) allows providers to include in their code such other matters as they think appropriate. That could include provision on the right to protest as a key part of freedom of speech.

Turning to amendments 75 and 76, it is intended that the code of practice should facilitate the discharge of the freedom of speech duty. A provider could choose to include a procedure for a ballot to assist with selecting speakers in the first place, but to insist on one would be overly bureaucratic. More significantly, one of the aims of the Bill is to secure the freedom of speech of everybody on campus, including those with minority viewpoints. It would not, therefore, be right to mandate a process that would give the majority a right that might act as an effective veto over decision making on events and, in effect, the free speech of minorities.

I hope that Members are reassured that nothing in this Bill restricts the right to protest, and that the requirements for the content of a provider’s code of practice are appropriate as drafted.

Higher Education (Freedom of Speech) Bill (Eighth sitting)

Fiona Bruce Excerpts

Thursday 16th September 2021 Public Bill Committees

[Matt Western]

I thank my right hon. Friend for posing that question. It is question that I think we Opposition Members would like to hear the Minister give a more explicit answer. It was not clear to me in her remarks, and it seems that it was not clear to my right hon. Friend either. It seems a bizarre exemption that they should not be covered.

Think of the outrage of the former Secretary of State for Education, the right hon. Member for South Staffordshire (Gavin Williamson), when Magdalen College middle common room—not that I am familiar with that establishment or its make-up—did something shocking by taking down a picture of the Queen. Were it the Lucian Freud version, I could perhaps understand it. The MRC members chose to do that, and it was their expression of free speech. Had they done something of greater significance though, it would not come under the remit of the Bill. I hope the Minister will address that important point.

Overall, I am pleased that the Government have been listening and have proposed this change to the legislation, because it is important. However, I ask the Minister to specifically, explicitly address why it is that middle and junior common rooms should be excluded.

[Fiona Bruce (Congleton) (Con)]

I very much welcome this amendment and addition to the Bill. Perhaps colleagues will permit me a moment of reflection on a personal experience that makes me feel so strongly about this.

In 2016, I was invited to speak at an Oxbridge college. I will not name it, because I think that the situation is somewhat embarrassing for it. I was asked, as chair of the all-party parliamentary pro-life group, to speak to Oxford Students for Life. As I began speaking to around 100 people in a room of a similar size to this one, with large glass windows at the back, an official rushed in and said “This meeting must stop. You are causing offence to students in the social room on the other side of the quad.” The chair of Oxford Students for Life said “But they can’t hear us,” and the official replied, “Well, I have been told that I must stop the meeting.” In the end, we came to a resolution whereby, if all the curtains were closed on those large ceiling-to-floor windows, the students in the social club would allow us to carry on. The whole situation was just ridiculous.

--- Later in debate ---

[Michelle Donelan]

The amendments would narrow the application of the freedom of speech duty in proposed new section A4 on students’ unions so that it only applies, as regards premises, to the “sole” use of those premises and does not apply to the terms of the use of those premises.

Proposed new section A4(1) in clause 2 requires students’ unions to take “reasonably practicable” steps to secure lawful freedom of speech. Proposed new sections A4(3) and A4(4) set out how this duty will work in relation to the use of the premises. The students’ union must take “reasonably practicable” steps so as not to deny the use of their premises because of

“the ideas, beliefs or views”

of an individual body when inviting speakers. That was an excellent point made by my right hon. Friend the Member for South Holland and The Deepings.

A key part of the Bill is the emphasis on “reasonably practicable” steps. On the point that the hon. Member for Brighton, Kemptown made, if a range of rooms was available and some rooms were not suitable, for example because of religious beliefs, it would be “reasonably practicable” not to choose certain rooms. However, I have heard the concerns raised in the debate and the evidence that has been provided, so I will commit to take this important point away.

[Fiona Bruce]

I thank my hon. Friend for her encouraging words. Could she reflect on whether the code of practice is a vehicle that could be used to respect freedom of religion or belief in this context?

[Michelle Donelan]

An important aspect of the Bill is that it does not place freedom of speech above other duties, such as freedom of religion. It is down to the university or students’ union to balance those competing duties and make a reasonable assessment. We think that freedom of speech duties should apply to the terms of use of premises. It would not be right if a students’ union decided, for example, to charge one group more for room hire than another group. In any event, proposed new section A4(3) is clear that the freedom of speech duties include the stated provision on premises, so the exact wording of the amendment would not be likely to have any effect in practice. However, I am happy to reconsider how we could make it clearer in the Bill.

Higher Education (Freedom of Speech) Bill (Fifth sitting)

Fiona Bruce Excerpts

Wednesday 15th September 2021 Public Bill Committees

[Matt Western]

I am conscious of time so I will not spend too much of it on this. I really hope that amendment 55 is yet another constructive, common-sense tweak to the Bill, to ensure that there is comprehensive coverage of who a member or speaker may be. The amendment would ensure that the protection of academic freedom is provided to academic speakers as well. Many of the events that the legislation covers are most relevant to external speakers, so it should be very clear and obvious that the amendment should be included. If the Government are seeking an end to no-platforming, we need to ensure that existing academic speakers are included in that.

Tom Simpson put it this way in his evidence:

“The coverage of the duty is currently specified as the staff of the provider, members, students and visiting speakers. In academic life, there is a really important category of what you might call affiliated academics”.––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 67, Q136.]

That is quite obvious. Increasingly, there are many more guest scholars or people on visiting fellowships who are not necessarily members of the university. Currently, the wording does not make it plain that such people would be included, and they need to be.

The issue has also been raised with me by various representative bodies and institutions, and they urge that my amendments 55 and 56, which define a “visiting academic speaker”, be included. The amendments are not controversial; they are common sense, and I hope that they will be adopted by the Government.

[Fiona Bruce (Congleton) (Con)]

I tabled amendment 29, as other Members have tabled other amendments, on a constructive basis, seeking to improve a Bill that I strongly support.

Amendment 29 would clarify that

“references to “members of the provider”—

that is, the higher academic provider—

“include any affiliated academics and any other person holding an academic position at the provider”.

Why is this important? It is to ensure that those who are undoubtedly intended to be covered by the Bill, such as visiting fellows, research associates, life fellows, guest scholars and emeritus fellows do not fall outside the scope of the Bill’s protection. Many within the higher education sector would not view these categories of affiliated academics as “members”, on the basis of what I understand is a commonly accepted understanding of that word. The simple remedy provided by amendment 29 would be to clarify and broaden the meaning of “members” to include affiliated academics and anyone held to be occupying an academic position within the university.

I will just refer to two remarks from witnesses who gave evidence to the Committee. Associate Professor Tom Simpson told the Committee:

“In academic life, there is a really important category of what you might call affiliated academics—people with visiting fellowships or emeritus professorships, guest scholars or life fellows. The wording does not make it plain that such people would be included.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 67, Q136.]

And Professor Matthew Goodwin told us of academics being “disinvited from workshops”, who I rather think might not necessarily be a member of the higher academic provider, when he said that

“speaking out about issues that go against the monoculture in many of our universities comes with very real consequences, and I know that from the many emails that I have received from junior academics and members of staff at universities who simply feel unable to voice their true views on those issues because they are fearful of what will happen to their careers. Indeed, in some cases—including friends of mine—they have been sacked or disinvited from workshops.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 91, Q185.]

I do not propose to press this amendment to a vote, but I hope that the Minister will confirm in her closing remarks that she will consider taking this matter away for consideration as the Bill progresses through the House.

[Michelle Donelan]

Amendment 29 seeks to expand the notion of who is a member of a higher education provider to include affiliated academics and other individuals holding academic positions. Amendments 55 and 56 seek to extend academic freedom to members and visiting academic speakers.

Clause 1 will insert part A1 into the Higher Education and Research Act 2017. Part A1 (1) and (2) require registered higher education providers to take “reasonably practicable” steps to secure lawful freedom of speech for their

“staff…members…students…and…visiting speakers.”

Turning to amendment 29, we have used the term “staff” to broaden the existing reference to “employees” in the Education (No. 2) Act 1986, because not all of those who work at a provider have an employment contract or employee status. To be clear, expanding the protections to these individuals is a key aspect of the Bill and ensures that all academic staff have access to redress. It is important to note that the term “staff” is already used in the current definition of academic freedom in the Higher Education and Research Act, so it is an understood term in this context. Similarly, “members” is a commonly used term in the sector, as well as in legislation. It is included in the existing provision in the Education (No. 2) Act, which is carried over into the Bill to ensure that individuals who are currently covered do not lose that protection. Members of a university include members of the governing council, for example.

I now turn to the proposed extension of academic freedom to members and visiting academic speakers in amendments 55 and 56. As already defined in the Higher Education and Research Act and strengthened in clause 1, academic freedom is necessary for academic staff who may be at risk of losing privileges and jobs or with reduced likelihood of securing a new academic role because of their views. Visiting academic speakers will therefore have academic freedom in relation to their own universities. A visiting speaker who speaks controversially at another university will have the benefit of the provision at their own university, but they do not need it at the university they are visiting, as they do not have a job or promotion prospects at that university that they are at risk of losing.

Higher Education (Freedom of Speech) Bill (Sixth sitting)

Fiona Bruce Excerpts

Wednesday 15th September 2021 Public Bill Committees

[Fiona Bruce (Congleton) (Con)]

I beg to move amendment 59, in clause 1, page 2, line 9, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 61, in clause 1, page 3, line 26, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 62, in clause 4, page 5, line 31, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 63, in clause 4, page 6, line 1, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 64, in the schedule, page 13, line 8, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 65, in the schedule, page 14, line 9, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 66, in the schedule, page 14, line 36, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

Amendment 67, in the schedule, page 15, line 16, after “staff” insert “and students”.

This amendment seeks to protect the right of academic freedom for students in addition to academic staff.

[Fiona Bruce]

I rise to speak to amendment 59. Freedom of speech and academic freedom are the lifeblood of higher education. Without the protection of these freedoms, and recognition of their value to society, universities risk losing the ability to be centres of intellectual debate, where prevailing norms can be challenged and where academics and students are able to pursue unconventional lines of inquiry. This is an issue of critical importance. Universities function as critical influencers across society. The students of today will be the leaders of tomorrow, who will shape—and hopefully improve—society as a whole.

The Government have rightly sought to ensure that the meaning of academic freedom is clarified in the Bill to include the ability of academic staff members to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of being adversely affected, either as a result of losing their jobs or privileges or reducing the likelihood of future promotions or other employment opportunities.

However, we heard in evidence from several witnesses that academic freedom is a right that needs to exist to protect not only academic staff but students, who are often more vulnerable to pressure and self-censorship. They may worry, for example, that they will be marked down and that their expression of unpopular or unfashionable views will have an adverse impact on their educational progress.

I will give a few examples. In his evidence, Professor Biggar mentioned a junior research fellow who would attend one of his events only on the condition that he was not photographed or named. He feared there would be repercussions for his present academic pursuits and future career if he associated in any way with Professor Biggar. That was a junior research fellow. How much more a student, who may feel a greater pressure to acquiesce to the prevailing culture and refrain from rigorous academic pursuit to ingratiate himself with his academic supervisor?

Another, deeply concerning case in the press last year involved Julia Rynkiewicz, a 25-year-old Catholic midwifery student, who was suspended from entering her programme’s hospital placement phase after her university learned of her leadership of a pro-life student group. She was subjected to a four-month fitness to practise investigation in 2019. Ultimately, she was completely vindicated of any wrongdoing and received an apology from her university, but she had already lost one year of her academic studies, and was, understandably, deeply distressed.

In their evidence, Professors Goodwin and Kaufmann were clear that the protection of academic freedom should apply not just to established academics, but to doctoral students. Indeed, their evidence was that students are the most likely to self-censor. Students do not want to irritate their colleagues or suffer reputational or educational consequences that will harm their career prospects. Professor Goodwin told the Committee:

“we know clearly from the King’s study…that a quarter of all university students in the UK are self-censoring, which is a very depressing statistic”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 91, Q186.]

My concern is that the very welcome clarity in the Bill concerning the protection of academic freedom for staff will function as a double-edged interpretive sword by excluding academic freedom for anyone who is not a staff member. Without the express inclusion of students, there is a risk.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

The hon. Lady is making an important point for research students. I am just not quite sure how these points relate to all taught students. Being a taught student sometimes requires instruction in order to learn the basics. Although we like to think higher education institutions are purely about thinking and knowledge generation, the reality is that the first year and the foundation years run out of universities are instructional and directive. That is important because students have to understand the basics of current academic knowledge before they can challenge it. I am just worried. Does the hon. Lady see the amendment including instructional elements for students so that they could reject information about, say, how lenses work, if they are studying to be optometrists? Or does she mean research students and other students involved in the creation of knowledge? Would an amendment that explicitly said “students involved in the creation of knowledge” therefore be better?

[Fiona Bruce]

I hear what the hon. Gentleman says. I would like to think that the very concerning case of the midwifery student is a case in point.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I recognise the point that the hon. Lady is making. My concern is with the definition of academic freedom applying to academics and therefore not being applicable to students. I draw her attention to my amendment 44, which would insert the words

“and in the conduct of research”

to cover PhD students and other students involved in research. The point my hon. Friend the Member for Brighton, Kemptown was making was that we cannot say that academic freedom, in its entirety, which belongs to academics, can apply to every student, whereas students involved in the conduct of research behave more like academics, so it could apply to them. That is my issue with the amendment.

[Fiona Bruce]

I thank the hon. Lady for that gracious intervention. It is a pity that I cannot speak to amendment 60 in the same moment, because I think that would help clarify my reasoning for this amendment. I am concerned that without the express inclusion of students, there is a risk that those most vulnerable to self-censorship and adverse consequences in academia, such as being marked down, will remain unprotected.

There is the argument that freedom of speech, as referred to in the Bill, is sufficient to adequately cover students without the need to cover them through the term “academic freedom”. However, I would question that, as demonstrated by the examples I have given involving Professor Biggar and the midwifery student. I look forward to the Minister’s comments and ask her to consider the amendment as the Bill progresses.

[Matt Western (Warwick and Leamington) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Cummins. I listened to what the hon. Member for Congleton said. We have to be wary of where the amendment could take us in terms of the status conferred on academics by the term “academic freedom”. As the Minister herself said, it is a subset of a freedom of speech, but it is a really important one. That is why we sought to eke that out earlier, in order to make it sacrosanct: it stands alone, but it is linked to freedom of speech.

As regards the notion that students in their third week on campus could gain the status of academic freedom, I am not entirely sure, speaking from personal experience, that it would have been right for me to have been given that status when I had a degree of naivety about a particular subject, but I would be under the hon. Member for Congleton’s amendment. I do not think that that is right, because we are essentially putting students on the same level as those who have gone through a process of academic rigour to arrive at a position where they deserve this particular freedom and status.

--- Later in debate ---

[Fiona Bruce]

Will the hon. Gentleman reflect for a moment on the position of doctoral students, which was mentioned by Professors Goodwin and Kaufmann? A student studying for a doctorate has considerable expertise in their field and, at the same time, might be tutoring some more junior students—undergraduates. Is it not a somewhat distorted situation and a strange irony that they could claim the protection of academic freedom for anything said in the tutoring, but not as a doctoral student?

[Emma Hardy]

rose—

--- Later in debate ---

[The Minister for Universities (Michelle Donelan)]

It is a pleasure to work with you today, Mrs Cummins. These amendments seek to extend academic freedom protections to students as well as academic staff. Where clause 1 provides that higher education providers must take reasonably practical steps to secure freedom of speech for staff and members, as well as students and visiting speakers, this includes securing the academic freedom of academic staff. Academic staff have studied and researched for many years to reach the positions they hold. It is wrong for them to fear for their jobs or career because they have taken a minority view or put forward a controversial opinion.

I am pleased to reassure Committee members that the Bill goes further than previous legislation, broadening the definition of academic freedom so that it will include promotion and new applicants for academic positions. Indeed, it goes even further, in that all academic staff, not just employees, will have the benefit of academic freedom. That means that the Bill covers those who hold honorary positions, whether they are paid or not, as well as PhD students who teach undergraduates.

I must be clear that the additional protections afforded by academic freedom are relevant only to the academic staff of a provider. That is because the provision is about the risk of losing one’s job or the possibility of promotion, which are not issues that apply to students.

[Fiona Bruce]

I am listening very carefully to my hon. Friend, as I did to the right hon. Member for Hayes and Harlington. It was refreshing to hear him make common cause with me, and I appreciate it. If academic freedom is not to be extended to students, would freedom of speech under this Bill have covered the situation of the midwifery student who lost a year of her academic life? It is a very important point and I would appreciate it if the Minister reflected on it.

[Michelle Donelan]

While it would not be appropriate for me to outline how the Bill would apply to a retrospective individual case, I can give guarantees that in broad terms it will be comprehensive, and freedom of speech will cover students in a range of scenarios, so it is not necessary to include academic freedom for students. However, I have listened to the arguments that have been made today, and I will keep them under consideration.

[Fiona Bruce]

I thank the Minister for her promise to keep under consideration the points that have been made today by Members on both sides of the Committee, and I look forward to her returning to this issue as the Bill progresses. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Matt Western]

Some of us are agreed that it should not be in there, and I think the House of Lords should explore whether further definition is required.

From talking to academics over the last six months and more, I want to stress how incredibly fluid the areas of research they work in are. They go through wholesale change in areas of interest and exploration. That is the kind of innovative research we want, and it is one of the great things about our institutions. People talk about UK universities being the best in the world in different categories, but we genuinely do have a very strong reputation for higher education globally. It needs to be protected.

We support the amendment by the hon. Member for Congleton on the removal of those words. We will, of course, support the amendments standing in my name and that of my right hon. Friend the Member for Hayes and Harlington.

[Fiona Bruce]

I will speak to my amendments 26 and 27 and, very briefly, to 60. I had hoped that the short but crucial amendment 27 might attract support from both sides of the Committee. Judging by some of the comments from Committee members today, not least the hon. Member for Kingston upon Hull West and Hessle, I continue to live in hope. I had hoped even the Minister might give a positive response to the amendment.

The hon. Member for Warwick and Leamington has already made the point that the Bill is intended to protect and promote academic freedom, but may in fact restrict it if academic freedom is defined as an academic’s freedom to express views only within their field of expertise. There are real problems with this phrase. We have heard some of them already, as my right hon. Friend the Member for South Holland and The Deepings has said.

To elaborate on some of the comments made, an initial difficulty is that of defining an academic’s field of expertise. Giving evidence, Dr Ahmed raised the very good example of Professor Richard Dawkins, who is an expert in evolutionary biology. Dr Ahmed said that one could argue that theology is not within his field of expertise, or even competence, yet his freedom to critique religion and contribute to the debate on God should not be denied to him merely due to an arguable lack of specific expertise.

[Sir John Hayes]

Or just because he is wrong.

[Fiona Bruce]

My right hon. Friend may have his view, but I could not possibly comment.

Without another look at the words “field of expertise”, academics could find themselves with fewer free speech rights than those in other vocations, since straying outside of their perceived field of expertise might lead to more complaints, increased disciplinary action and dismissal—outcomes clearly at odds with the intention and purpose of the Bill.

A second difficulty is that an academic’s expertise often stretches over a variety of fields. A biologist could have an insight into economics, and a theologian may well have useful musings about sociology. The interaction between a variety of subjects is often how ideas are tested from fresh perspectives, leading to innovation and thought-provoking insights for the benefit of society as a whole. A requirement to stay within one’s field of expertise could have an unintended chilling effect, which I will elaborate on when I speak to amendment 28. Academics, particularly junior academics, might seek to modify their speech and academic inquiry in a bid to ensure that they qualify for protection under the law.

It cannot be right to penalise an academic simply because he opines on the issues of the day. The issues may be completely outside his field of expertise, and he may speak from a political perspective or with faith-based views, such as on marriage or being pro-life, but is not deliberating on issues of the day a key part of university life?

[Charlotte Nichols]

I am interested in the examples that the hon. Member has raised as things that should be protected as part of academic freedom, but I would draw the distinction back between academic freedom and freedom of speech.

Just because someone is an academic, for example, does not mean that any topic that they choose to wax lyrical about should necessarily be protected, particularly if they are engaging in harmful stereotypes, discriminatory behaviour and so on. As much as I agree with the broad thrust of taking this out, I think that we need to reflect in the legislation a way in which we might draw that distinction between academic freedom and freedom of speech. Does the hon. Member not agree?

[Fiona Bruce]

The objective of the Bill is to secure freedom of speech within the law. We are saying that, provided that someone speaks within the law—whether about their field of expertise or not—they should be covered by the Bill. They should have the freedom, as academics, to express views and not be penalised if those are unpopular, unfashionable or not mainstream. I hope the Minister will look at amendment 27 very seriously, above all those I have put down, and consider it in a positive light as the Bill progresses.

Amendment 28 is self-explanatory, setting out a number of factors that need to be covered and clarified in the definition of academic freedom. Not the least of those is the importance of academics being able to set the reading matter for subjects that they are teaching. I will set the amendment in context, underneath amendment 27.

A deeply concerning trend has emerged in our universities that has seen academics lose their jobs, students suspended from courses and refused affiliation with their unions, and visiting speakers refused a platform, due only to their expression of non-mainstream viewpoints. Some are not, in fact, non-mainstream. In his evidence, Matthew Goodwin, a professor of politics and international relations, told us he was an outlier when speaking of Brexit, with only 10% of academics sharing his support of it. However, Brexit was actually voted for by over 50% of those who voted in the referendum across our country.

We also heard of instances of academics being subject to vilification or discrimination for exercising their right to academic freedom and freedom of speech within the law. Although we did not hear of these instances in evidence, I will give two examples. In 2019, I raised in this House the well-publicised and worrying experience of respected academic John Finnis, an emeritus professor of law and legal philosophy who had taught at the University of Oxford for some 40 years at that point, yet students were calling for him to be removed from office simply for holding traditional Catholic views. Much more recently in the press, we had the case of David Palmer, a Catholic who was denied recognition by Nottingham University for the post of chaplain due to comments he made on social media expressing no more than the Church’s traditional views on euthanasia and abortion.

Professor Goodwin told us:

“This is how it typically works: a group of students will make a complaint about an academic. They may take that academic’s words out of context. They may imply that something was said that may not have been said—who knows? That academic is typically investigated and, as we saw in the case at Edinburgh recently, they are suspended and asked to leave campus for six weeks or so while the case is investigated. There is a reason why academics say that the punishment is the process. The reputation of that academic is now in tatters. Nobody will hire that academic. His or her chances of getting a research grant are probably minimal, and those of getting published have been severely damaged. That individual is tainted.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 97, Q197.]

Given that Professor Kaufmann told us how there can be over 100 applicants for any post in academia, that is a serious disadvantage that can be experienced and suffered. We were also told by more than one witness that self-censorship by academics is the most pervasive impact of all—the so-called “chilling effect”.

We heard about that from several witnesses during the course of evidence. The case of Dr Ahmed is particularly instructive. We heard how he struggled to get just 25 signatures of people willing to put their name publicly to a motion on whether to change the wording of a university’s policy. That goes directly to the reason why we need amendment 28. Once it was put to a vote by secret ballot, it passed by 80%. Some witnesses spoke of staff and students refraining from saying things they considered to be important or not pursuing lines of research they thought would be fruitful, because they feared adverse consequences, such as disciplinary action or another form of marginalisation or vilification.

Amendment 28 seeks to augment and clarify that academic freedom should include the freedom to express opinions about a university, including its curricula, governance, affiliations, teaching and research, without the risk of being adversely affected. Amendment 60 seeks to ensure that students do not suffer any impact on their educational process, such as being marked down. We have already had a good debate on amendment 59, with which amendment 60 is linked, so I will leave that with no further comment, save the hope that the Minister will reflect on amendment 60 with amendment 59.

[John McDonnell]

I want to repeat my declaration of interest as an honorary fellow of Birkbeck, University of London, which is the same as the hon. Member for Ruislip, Northwood and Pinner. I failed to declare that my wife is an educational psychologist and is now a part-time tutor at the Institute of Education at University College London. I just want to make sure that our register of interests is full. I cannot think of any other family who are involved, but at least I will get that on the record.

Before considering the amendments, I want to reflect on the fact that we have come a long way since section 28 in the 1980s. We are no longer tolerating any Government interference in matters—for example, at that stage, in just talking in an educational setting about LGBT rights. It is interesting and gratifying that we have come this far.

On amendment 80, I want to warn the Minister. The right hon. Member for South Holland and The Deepings has a propensity to get people into trouble. On one occasion some years ago, the Speaker called for a question in the House and shouted out “Hayes, the Whip”, but nobody was there and I got the blame for it, even though it was John Hayes, not the Member for Hayes and Harlington, so I caution the Minister. Ever since Pepper v. Hart, material in the House can be taken into account in legal actions, and the right hon. Gentleman is enticing the Minister into expressions around his amendment. I actually have some time for his amendment. All we are trying to do today is get a formulation—maybe by Report stage and certainly by the time the Bill gets to the Lords, which is packed full of legal experts—with more than even the Commons—who might well be able to assist us. I can understand exactly where he is coming from in wanting to maximise that freedom of expression of freedom of academic activity.

I want also to consolidate the alliance I now have with the hon. Member for Congleton. It is interesting that a number of witnesses raised the point that this form of words does not work—we have to find some other formulation. I have worked with a whole range of economists in recent years who have commented on a whole range of matters unrelated strictly to economic matters—for example, wellbeing, health, social care. Areas of interest evolve over time. They cannot be defined just by the job description of that academic. We are digging ourselves into a hole by leaving this in the Bill. To the hon. Member for Congleton, I say: screw your courage to the sticking place, because if we had a vote on that today, we would most probably win it. I would be careful about the assurances that she may get from the Minister, which might not completely eradicate that form of words from the Bill.