Higher Education (Freedom of Speech) Bill

Lord Patten of Barnes Excerpts

Report stage
Wednesday 7th December 2022 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I remind noble Lords of my interests in the register. I celebrate the fact that the European convention and the Human Rights Act are being cited all over the Chamber today. That is wonderful.

I noted what the noble Baroness, Lady Fox, said about the music faculty at Oxford University. I do not recognise the aspersions that she was casting and will ensure that noble Lords are aware in due course of the situation as it stands. I certainly do not recognise that the university sought to stifle criticism of whatever the music faculty did. I will seek to clarify that with the Minister in due course.

[Lord Patten of Barnes (Con)]

I will add to the comments of the noble Baroness, and declare an interest as the chancellor of a moderately well-known university.

A university does not need legal advice in this case to defend freedom of research or expression; all it has to do is stop its subscription to the QAA—the Quality Assurance Agency for Higher Education—which only recently produced advice on the curriculum which was like a parody of an article in the Daily Mail. Among other things, it included the decolonisation of not just music—I entirely endorse what the noble Baroness has just said—but the maths curriculum. Clearly, the people who wrote it had never heard of Arabs, Indians or the Mayan civilisation, which was doing advanced mathematics before Christopher Columbus arrived. All that any university has to do is what Oxford has done—withdraw its subscription to the QAA, which is now pretty well on its last legs anyway. I regard the QAA’s advice to universities as in many respects the most dangerous assault in the last few years on freedom of expression and research at universities. It is crazy time—it is critical race theory canonised. Universities should denounce it with great enthusiasm.

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Lord raises a very important point, but is it not the case that many public institutions—including, I am afraid, this House in the past—have signed up to various highly controversial charters and indexes which require a standard of behaviour from the people covered by those institutions? At a national level, many of these bodies are cowed by aggressive minority interests into establishing and setting out these programmes.

For an individual employee working in those situations, it can be very intimidating to say, “I don’t agree with the Stonewall equality index and don’t see why my institution has signed up to it”. I am glad to say that this House, after a lot of pressure and with weasel words, eventually decided not to continue its membership, but many other organisations vie to have a high rating from it. That leads to behaviour and conditions in which it can be very intimidating for individuals who do not agree with the view taken. This is what this issue is really about and why it is so important. I hope the Minister will be very forthright in response.

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It would be very interesting to know why the Government think it might be appropriate to require the disclosure of sensitive and confidential commercial information. We will listen to what the Front Bench says, but I would be very grateful if the Government could reflect further on that and, as my noble friend said, perhaps come back at Third Reading, because this is of extreme importance to some of our universities and presses.

[Lord Patten of Barnes (Con)]

My Lords, I will speak in support of those observations. I speak at a university that is in receipt of an extraordinary stream of revenue from its academic press. I think it is true to say that it has the largest academic press in the world, which is hugely successful and is a very large international business. I am puzzled at the suggestion that the contracts it negotiates elsewhere are likely to have an effect on freedom of speech and the associated freedom of inquiry at the university itself.

One reason why the university press is covered is that it is part of the university—and it is part of the university precisely to stop that sort of thing happening. So I very much hope that we can have some clarity on this and get an assurance that there will not be any question of commercial fishing trips with university presses. It is incredibly important that they are allowed to go on firing on all cylinders and doing as well as they do at present. The Oxford University Press, for example, sells 2 million copies of the Oxford English/Chinese dictionary every year in China and has huge sales of academic books in Shanghai. Our China Centre has not been prevented from teaching people about what is happening in Xinjiang, Tibet or elsewhere. So I do think we need to be careful about how we address this issue and, at the very least, as the noble Baroness has just said, make it absolutely clear that fishing trips through FoI requests are out and that the Government would not seek to get involved in what could happen commercially unless there were some evidence that freedom of inquiry or speech had been compromised.

[Lord Wallace of Saltaire (LD)]

My Lords, I hope that the Government will take this away, consider whether there is a way of adapting to some of the valid points made on these amendments and, if necessary, come back at Third Reading—when, I suspect, any further government amendments would be welcome.

I will briefly raise a question that I have already raised with the noble Baroness’s private office, which is how Clause 9 on overseas funding relates to a substantial clause of the National Security Bill, which had its Second Reading yesterday. It seems in some respects to overlap or possibly duplicate it. We have to be very careful about the potential to ask universities to supply further information, answer reports and weigh down their central administration. We already have the National Security and Investment Act, which lays down a number of obligations on universities, which they are fulfilling—justified but additional burdens. This Bill and the National Security Bill will potentially add a further layer of detailed reporting by universities to government, which I am not sure government will be entirely capable of handling. I wish to mark that before those two Bills pass: we should be very clear that they are compatible with and complement, rather than contradict, each other.

Having said that, the question of funding and student unions wants looking at. I was not aware that there is significant overseas funding for student unions. I suppose it is possible that the Chinese, Saudi or even Russian Governments could decide that covert funding of student unions would be a way to influence the British debate, so perhaps there is a half-justification for this. But these Benches, having talked to a number of student unions, are concerned about these small, underfunded bodies, which have a very rapid turnover of officers—as is their nature—having burdens placed on them that are heavier than they can cope with and are not justified by the situation. I mark that as a caveat and hope that the Government take it back for further consideration.

Business of the House

Lord Patten of Barnes Excerpts

Wednesday 4th September 2019 Lords Chamber

[Lord True]

I rise to second and support the proposition put by my noble friend. The coercion, or the instinct to coerce, could never have been put with more charm, eloquence and mildness than it has just been put by the noble Lord, Lord Newby. He made everything sound so reasonable, so normal and so in line with what we always do—that nothing we have here has never happened before. But when I went to the Table Office and saw that Motion in black and white, the like of which has never been tabled in this House in its history—by a Government, still less an Opposition—I must confess that, to appropriate a phrase, it was a dagger in my heart. It was the same thing that the Lord Hart of Chilton, who we all esteemed—

[Lord Patten of Barnes (Con)]

I am jolly concerned about my noble friend’s heart. I wonder what his cardiologist would have said when he learned about the longest Prorogation since the 1930s, at a time when this Parliament is engaged in extraordinarily important discussions about the national interest? Is that not a rather larger dagger—a rather larger guillotine—than anything we are talking about today?

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[Baroness Noakes]

I do not think that that would be the case. If anybody reads in Hansard what my noble friend Lord Marlesford has said this evening, they will know exactly what he thinks about the result of the referendum.

I would like to make an additional point in respect of the referendum result, in which 52% of the country voted to leave the European Union and 48% voted to remain. In your Lordships’ House, we have never come close to reflecting the political reality in the country—far from it. That is why, whenever a Motion relating to Brexit is moved, the result always opposes that of the referendum in one way or another. This House needs to think carefully about its legitimacy if it continues to act in a way that is out of line with popular feeling in the country. I believe that this applies also to the other place, where parliamentarians vote in a way that is wholly unlike the referendum result.

[Lord Patten of Barnes]

Perhaps I can help my noble friend. I think that the Prime Minister is about to canter to her rescue. He has told us that he will appoint to the House of Lords, as soon as he can, scores—maybe a hundred—heroes of Brexit, who will be able to enjoy themselves on these Benches. It was in the newspapers—indeed, it was in the Daily Telegraph—so it must be true. The heroes of Brexit will come cantering to the rescue and make credible this legislature.

[Baroness Noakes]

I am very grateful to my noble friend for reminding me of that. If he followed me on Twitter, which I do not suppose he does, he would know that I have said that the idea of a hundred new Brexit-supporting Peers coming into your Lordships’ House would be a great start in remedying the imbalance that exists.

[Lord Patten of Barnes]

A great start!

[Baroness Noakes]

A great start, but not necessarily the finish, to getting the right balance in your Lordships’ House. I believe that this House and the other place need to think very carefully when acting so out of line with the result of the referendum. Through that referendum, Parliament ceded control of the decision to the people—the people are the ultimate source of authority in the country—but has been trying ever since to take it back, both in this place and the other place. We run the risk of doing serious harm to the institutions of Parliament.

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[Lord Patten of Barnes]

I can relieve my noble friend of the rest of his anecdote because one of the shames of my life is that, even though I did papers in constitutional history at the University of Oxford, I have never opened AV Dicey in my life. I have read Tom Bingham and a lot of Burke; I know the difference between Burke and Rousseau and am on Burke’s side, which is where my views on parliamentary sovereignty come from.

[Lord Dobbs]

My noble friend will forgive me then for my errant message. While he is quite clear that he did not open AV Dicey, my memory is that he quoted from it. He will forgive me, I trust, if my memory is playing tricks on me. My noble friend mentioned Burke, who has been much quoted on the role of a Member of Parliament. I remind the House that, at the very first opportunity after Burke made his pronouncement, the electorate threw him out and never allowed him back into the House of Commons.

This is one of the most honest amendments, if I may put it that way. It talks about recognising the fact that the vote of 17.4 million people to leave the European Union is no longer relevant. Why do we forget that the people were made a solemn and sincere vow at that time that it would be their choice and that their decision would be honoured? They had that vow not only in political speeches but in writing. Those leaflets were put through the letterboxes of every house in the country. It should have come as no surprise because the Liberal Democrats had long campaigned for a referendum at that time. Noble Lords may remember the leaflet bearing the image of Mr Clegg which went out in which the Liberal Democrats campaigned for a real referendum. “You will decide”, it said. I do not know what happened to Mr Clegg, or what he is doing now, but I know what happened to that promise. The people were given that promise at a referendum. Every single party said it would honour the result of that referendum.

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[Baroness Noakes]

I am well aware of where my noble friend is coming from. I just say that we have no objection to the Bill coming here, as we never have to Bills that come from the other place, provided that they come in the ordinary course. We are objecting to the Motion in the name of the noble Baroness, Lady Smith of Basildon.

[Lord Patten of Barnes]

How can it come in the ordinary course, given the decisions taken for pretty shameless political reasons on Prorogation by the Prime Minister? How can that possibly be regarded as normal?

[Baroness Noakes]

I have to tell my noble friend that we normally have prorogations every year. We are long overdue a prorogation. Prorogations are a normal part of parliamentary life, as I am sure he is aware from his long career in Parliament. At this point, noble Lords do not like this particular juncture of prorogation—I understand why—but prorogation is a perfectly normal, healthy activity for Parliament to engage in.

[Lord Patten of Barnes]

My noble friend is very kind to refer to the longevity of my career, but it has not been long enough to go back to the last time we had a prorogation of anything like the length of this one—in the middle of a real matter of concern for the national interest. We know what the reason for this prorogation is, and there is a certain impertinence in pretending that we are all fools.

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[Lord True]

I thank my noble friend for that. I was not expecting such a vigorous attack. I said that I am not used to the courts or the law, but perhaps that is the way in which business is conducted in the courts of law; I would rather that it were not so in Parliament.

[Lord Patten of Barnes]

I am not sure that my noble friend Lord Dobbs was defending my noble friend Lord True. I think he was saying that the Labour Party has filibustered in the past, so its Members cannot grumble tonight about my noble friend filibustering; that is what he seemed to be saying. My noble friend has a very good degree from Cambridge—not everyone is perfect—so perhaps he can explain this to us: if this is not a filibuster, what is?

[Lord Dobbs]

My Lords—

Leaving the European Union

Lord Patten of Barnes Excerpts

Monday 14th January 2019 Lords Chamber

[Baroness Evans of Bowes Park]

The letter does say that, but it also says that,

“the Council’s conclusions of 13 December 2018 would have legal force in international law and thus be relevant and cognisable in the interpretation of the Withdrawal Agreement”.

[Lord Patten of Barnes (Con)]

Will the Leader of the House confirm the veracity of what my noble friend Lord Howard said in our debate before Christmas: namely, that we have an unfettered right to leave the European Union under Article 50 but that we need the agreement of the other member states to leave the backstop?

[Baroness Evans of Bowes Park]

As we have made very clear, neither the EU nor the UK wants the backstop. We do not want to go into it. The letter reiterates once again other mechanisms such as looking at facilitative technology and extending the implementation period. Other options may be available. Parliament will be given the right to discuss and vote on the option it wants if we need it—but we are committed to implementing the future relationship by the end of December 2020 so that none of those situations comes to pass. We will focus on that.

Death of a Member: Lord Carrington

Lord Patten of Barnes Excerpts

Tuesday 10th July 2018 Lords Chamber

[Lord Patten of Barnes (Con)]

My Lords, I shall be extremely brief, although not half as brief as Lord Carrington would have wanted me to be, because one thing for sure is that, although these are richly deserved tributes to one of the greatest Englishmen of his generation, he would have found them all a bit of an embarrassment.

I spent two years of my life, when I first came into politics, working for Lord Carrington when he had just been made the chairman of the Conservative Party, which the Leader of the House referred to. It has to be said that he did not greet the news of that employment with unalloyed enthusiasm. He was able to contain his joy within the bounds of public decorum, but he did the job with great verve and, as ever, with a great sense of social obligation. Working for him for two years was not only greatly enjoyable, but it was in many respects the best part of my education—I do not mean just in politics; I mean my education as a man. He was a great leader. He gave the credit to others when things went well and took the blame when things went badly: an old-fashioned set of virtues, which perhaps we should occasionally remember.

I think he regarded politics in part as an obligation but also as an honourable adventure. He was personally brave, he was wise, he was hugely funny. Alas, I cannot repeat many of his anecdotes, not least some of his anecdotes about his friends in Australia. He was a very wise and extremely competent discharger of public business. Above all, he was a great public servant. I think it is true to say that the word “honour” is hyphenated to his name. He served this country extraordinarily well, he brought lustre to politics and we should all be hugely grateful for a life wonderfully well lived.

[Lord Hannay of Chiswick (CB)]

My Lords, perhaps I may say just a few words as one of the Members of your Lordships’ House who served under Lord Carrington in the Foreign Office. I simply say that no Foreign Secretary I served—and I served quite a few—did I admire and respect more than Lord Carrington. He was a wonderful boss and he led the Foreign Office as it deserved to be led.

I was very glad that the noble Lord, Lord Patten, mentioned something not mentioned by anyone else, which was his sense of humour, which was remarkable. During those rather tedious meetings of the Council in Brussels, he was wont to write limericks about some of those around the table. When he left the Foreign Office, we collected them together and gave them to him to remind him that there were at least some useful moments spent in Brussels.

I bear my tribute to him because he was a great man.