Higher Education (Freedom of Speech) Bill

Debate between Lord Beamish and Kate Green

2nd reading
Monday 12th July 2021 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House declines to give a Second Reading to the Higher Education (Freedom of Speech) Bill, notwithstanding the need to ensure legal protections for freedom of speech and academic freedom, because the Bill is a hate speech protection bill which could provide legal protection and financial recompense to those seeking to engage in harmful and dangerous speech on university campuses, including Holocaust denial, racism, and anti-vaccination messages.”

Let me start by making absolutely clear the importance that the Labour party attaches to freedom of speech and academic freedom. Indeed, it might be useful for me to remind the House of the histories of my party and the Conservative party on this issue. The Labour party is the party that enshrined the Human Rights Act 1998 in domestic law, guaranteeing legally protected rights to freedom of thought, conscience and expression. That Act is one of the most important legal measures we have to protect the rights of every citizen of this country. How did the Conservative party respond? By seeking to undermine those rights, voting against their enshrinement in domestic law and subsequently threatening to take them off the statute book altogether.

Nobody should be fooled into thinking that the Conservative party has now changed its stance. Recently, the Conservatives introduced a new law with significant consequences for freedom of expression. The Police, Crime, Sentencing and Courts Bill creates a new criminal offence if a person performs an act that causes “serious inconvenience”. It is a dangerous curtailment of the right to protest, which is fundamental to democracy. That Bill and the one before us tell the House and the country everything they need to know about how this Conservative Government really approach our right to freedom of speech and expression. A group of individuals coming together to protest could face criminal charges for causing serious inconvenience, but because of this Bill a group spreading division and hatred on university campuses would be not just legally protected but able to sue a university or student union that tried to stop them. That is what we on the Opposition Benches object to, and what the whole House should object to: a Bill that amounts to legal protection for hate speech. It has no place on campus, no place in our society and no place on our statute book.

The Secretary of State claimed a moment ago that a legislative framework—including, I was pleased to note, Labour’s Equality Act 2010, to which he referred—to prevent the spreading of hate speech is already in place, but that was not the view of the Government’s Minister for Universities, who, as we heard from my hon. Friend the Member for Nottingham South (Lilian Greenwood), acknowledged that holocaust deniers could be protected under this Bill. If the Minister responsible for this legislation believes that the Bill protects or could protect holocaust deniers, that should be a sufficient reason for any Member of this House to oppose it.

It is right, as the Secretary of State said, that we have laws to prevent hate speech, but is not at all clear that they will prevent the kind of harmful speech that will be protected under this Bill. It may not always be the case that there is a victim of harassment as prescribed under the Equality Act if, for instance, there is a meeting to discuss holocaust denial at which only those who support those horrific views are present. Conservative Members have no response on how existing laws will prevent harmful conspiracy theorists—such as anti-vaxxers—who could be protected on campus. Does the Secretary of State’s Bill protect the misinformation that causes damage and concern about vaccines and their efficacy, such as was spread by Professor Andrew Wakefield?

Not only could holocaust deniers have their right to speak on campus legally protected, but if they feel they are denied their right, they could take universities and student unions to court to seek financial recompense. They would be able to seek a pay-out from universities, seeking to cash in on public money—students’ tuition fees—that should fund teaching and learning.

[Mr Kevan Jones]

Does my hon. Friend agree that it also opens the door to states that wish to do us harm? There is a lot of open source evidence about the Chinese communist party using students here to propagate anti-Hong Kong stories and other propaganda on behalf of the Chinese Government. Under the Bill, we would have to allow them to go ahead because otherwise they could take us to court, allowing the harm that they could do to students of Chinese origin who might take a different view.

--- Later in debate ---

[Kate Green]

I am very grateful to the right hon. Gentleman for that information, which is clearly shocking. Of course, my question to the Secretary of State would be: if intimidation is involved, why are we not already using the criminal law to address it?

[Mr Kevan Jones]

I am sorry, but the Secretary of State, in his rant, just does not get it, does he? He knows as well as I do that the Chinese communist party is using universities—placing students and funding activities there. If this Bill goes through as outlined, the Chinese communist party will be able to propagate its propaganda, and if a university was to turn around and say no to it, it could then use this Bill to argue for freedom of speech. He may wish to give a safe haven to that type of activity, but I do not.

[Kate Green]

My right hon. Friend makes the point perfectly.

I want to ask the Secretary of State about some other uncertainties that the Bill creates. I think he is seeking to say to the House that the Bill would not protect holocaust deniers. However, if a university did not want to provide a room to holocaust deniers, would the proposed speakers be able to seek compensation through the tort created by clause 3? What if nobody turns up to a meeting that has been booked? Would it be lawful to advertise such a meeting? What about other forms of free speech? Will anti-vax campaigners be protected under the Secretary of State’s Bill? Does he believe that a university should be liable under the Bill if it seeks to stop the spread of dangerous misinformation from guest speakers? What about those seeking to spread conspiracy theories or to sow division in our communities? Does he really believe not only that this kind of harmful, hateful, divisive speech should be legally protected on campus, but that those seeking to peddle it can take a university to court for interfering with their right to do so? Those of us on the Opposition Benches believe that there is no place for that on our campuses, and that is why we will be voting for our reasoned amendment this evening.

We have other objections to this Bill. Actually, I cannot understand why the Government think it is needed. An assessment by the Office for Students found that just 53 out of 59,574 events with external speakers were refused permission in 2017-18. Perhaps that was an unusually slow year for cancel culture and there is a real problem. However, last year a survey found, as we have heard, that of 10,000 events with external speakers, only six were cancelled.