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

Debate between Lord Beamish and John McDonnell

Wednesday 22nd September 2021 Public Bill Committees

[John McDonnell]

To follow up on that point, we and a large number of organisations and individuals will be extremely interested in the appointment of this individual. If there is any whiff of a political appointment, it will completely undermine the Bill and the Government’s intentions, whether we agree with them or not—I caution them on that point. That is why building additional safeguards into the Bill is important.

I have been a strong supporter of the establishment and development of Select Committees. As shadow Chancellor, I argued for a greater role for Select Committees in the formal appointment of the Governor of the Bank of England and others. If we cannot secure the role of the Select Committee in the confirmation of an appointment, it would be valuable to hear the Minister’s views on a pre-appointment hearing. As the hon. Member for Ruislip, Northwood and Pinner said, that would at least provide an opportunity for greater scrutiny of the individual and the process.

I caution the Government. There is often an element in a piece of legislation that can unpick the whole of the legislation’s import. I think this is a banana skin waiting to be stood upon if the Government are not careful and do not ensure that the process is above reproach and free from any party political interference. That could poison the well altogether.

[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.

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

Debate between Lord Beamish and John McDonnell

Thursday 16th September 2021 Public Bill Committees

[Mr Jones]

It could but, again, there is a problem because that detail is not in the amendment. There is a difference between a huge academic institution and a small FE college, and I do not know how we get one standard format to deal with that.

There is another issue, which was mentioned in the evidence. The amendment says:

“a report detailing the steps their organisation has undertaken to fulfil its positive duties under subsection (2)”.

That is about freedom of information. It comes back to the problem with this legislation and what we define as freedom of speech. Not only would we need a form or standardised format across all the institutions, but we would need to try and get a definition of what that freedom of speech is. We struggled with that with all the witnesses. It is a bit like motherhood and apple pie: we are all in favour of freedom of speech, but trying to define it is very difficult, especially if we want to ensure that all institutions promote the same thing, because there might be very different interpretations of what the duties would be, and I can see practical difficulties in that.

The right hon. Gentleman, who I have great affection for and have worked closely with, said that the Government must think there is a problem. Well, that is the problem with the entire piece of legislation—it is legislation looking for a problem, rather than solving an existing problem. The onus it will put on universities and the higher education sector is impractical.

Also, what is the sanction if, for example, an institution does not submit its report? What happens if it does not do something? We need criteria in the reporting that says, “You have to do X, Y and Z to meet this threshold” or whatever it is we are trying to achieve. Again, what is the sanction? What happens if an institution says, “I am just not bothering to do this”, or, “I do not have time”? Some might take a principled stand and say, “We are not going to do it.” What is the sanction and where does it say in the Bill, “You have to do it”? So there is a problem there. Are we suggesting that funding or other things should be withdrawn?

That comes back to my big concern about the Bill. I have said it before and I will say it again: it is a very un-Conservative approach to this sector, for the state to interfere directly in organisations that should have the ability to self-govern. What they want to achieve is ensuring that young people have a fulfilling and rich academic education, as we all do. It comes back to the issue of where the legislation lies; as well-intentioned as it may be, there are huge problems with it. It would be not only burdensome, but practically impossible to implement.

[John McDonnell (Hayes and Harlington) (Lab)]

I congratulate the Minister, although, having sat in the shadow Cabinet, I am not completely sure that she will enjoy sitting in the full Cabinet. The right hon. Member for South Holland and The Deepings said that he did not want to put words in the Minister’s mouth and then went on to put words in my mouth. I want to be absolutely clear, on every occasion, that I think the Bill is an unwarranted intervention. It is completely unnecessary and on the edge of being crackers. However, we will try to make the best of a bad job.

I understand where the right hon. Gentleman is coming from: there has to be a line of accountability. It should be public, open and transparent, and doing the reports is one way. However, my problem is that it is heavy on regulation. I thought that there was a rule in the Government: one regulation in, one regulation out. I look forward to hearing which regulation is coming out to accommodate this going in.

I have worked in local government, both elected and as a civil servant. We know what will happen to this requirement if it is on a quarterly basis. It will either be a simple checklist and that is it—almost meaningless—or it will become a burden that some institutions will fail to fulfil effectively. Therefore, I think it is best left to the annual reports undertaken by the universities and colleges, rather than quarterly reports.

Financial and Social Emergency Support Package

Debate between Lord Beamish and John McDonnell

Wednesday 25th March 2020 Commons Chamber

[John McDonnell]

It demonstrates that naming and shaming works, and at some time in the future I might drink to that.

[Mr Kevan Jones]

Not in Wetherspoons.

[John McDonnell]

Not necessarily.

Lay-offs are happening at scale, as I said, and hon. Members have mentioned the statistics. The Secretary of State for Work and Pensions has said that nearly 500,000 people have now applied for universal credit. I welcome, as always, the work that my right hon. Friend the Member for East Ham (Stephen Timms) and his Work and Pensions Committee have done in demonstrating the nature of the reforms that are needed to universal credit. We need those reforms rapidly now to be able to assist people and keep them out of poverty.