Higher Education (Freedom of Speech) Bill

Debate between Lord Hope of Craighead and Baroness Barran

Report stage
Wednesday 7th December 2022 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I am grateful to all those who have spoken in this short debate and, in particular, to the Minister for her explanation.

If I may concentrate particularly on government Amendment 7, it achieves my main purpose in my Amendment 1 to avoid the suspicion that, when you talk about freedom of expression in this Bill, you are talking about something quite different from what is referred to in Article 10 of the convention. The reference here makes it clear that we are talking about the same thing.

[Baroness Barran (Con)]

I think I heard the noble and learned Lord say “freedom of expression” in this Bill, but I think he meant to say “freedom of speech”.

[Lord Hope of Craighead (CB)]

Yes—I have got them the wrong way round, as I frequently do. But it does not really matter, because we are talking about the same thing, which is the particular problem that I was concerned with.

I have great respect for the noble Lord, Lord Moylan, with whom I had a very deep and interesting discussion. I must confess that I do not have the same concern as he does about the reference to Article 10(1) only in the definition that the Government are proposing. If we read on beyond that reference, it says

“Article 10(1) of the Convention as it has effect for the purposes of the Human Rights Act”.

The way in which you work out its effect is to read on to paragraph (2). I therefore think that, in short and very subtle terms, it achieves the very point. I do not really agree with the noble Lord’s concern, which I think is met by those particular words “as it has effect”.

For these reasons, and with thanks to the Government for their willingness to come forward as far as they have done, I withdraw Amendment 1.