Higher Education (Freedom of Speech) Bill

Debate between Matt Western and Munira Wilson

Report stage
Monday 13th June 2022 Commons Chamber

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

Before I discuss the amendments in my name, I will briefly reflect on the Bill Committee. Over three weeks, we debated some 80 amendments in a constructive spirit; I commend right hon. and hon. Members across the Committee who participated and contributed to what was at times an abstract debate, but an important one, about academic freedom and freedom of speech.

Since the end of the Committee stage, some 300 days have elapsed and—nothing. Despite constant speculation about whether the Bill would fall victim to the Government’s own internal politics, it is finally on Report. The Opposition welcome that, but if I may say so, the Bill’s fragmented and bumpy ride through Parliament is emblematic of what observers widely consider a shoddy piece of legislation, at best unnecessary and at worst divisive.

I wish to address the amendments in my name—new clause 4, on the director for freedom of speech and academic freedom; amendment 17, on the scope of academic freedom; amendment 18, which aims to recognise the competing freedoms in debates around freedom of speech; new clause 5, our proposed sunset clause; and amendments 19 and 20, which my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) and I tabled on the prohibition of non-disclosure agreements—and the Government amendments.

New clause 4 would ensure that the director for freedom of speech and academic freedom has not donated, and cannot donate, to a political party while in post. It would ensure that both Houses of Parliament and the relevant Select Committee have a say on the person appointed. It would also provide for the Secretary of State to set up an independent advisory panel to suggest a suitable candidate for appointment.

[Munira Wilson (Twickenham) (LD)]

I very much hope that when the Minister responds to new clause 4, she will acknowledge that the Government’s track record on appointments has not been strong of late. The High Court has ruled that the then Health Secretary did not comply with the public sector equality duty when he appointed the head of a new public health quango. The chair of the Charity Commission resigned just days after being confirmed in post. The search for the chair of Ofcom was rerun after Ministers’ recommendation was unsuccessful. Does my hon. Friend agree that the checks and balances in new clause 4 are vital to this important appointment?

[Matt Western]

The hon. Member is right. A pattern is clearly emerging, which I will describe and examine in due course.

Having an Orwellian director for freedom of speech sounds like a contradiction in terms, but the appointee will certainly have sweeping powers. They alone will be responsible for making sure that universities and student unions are upholding their freedom of speech duties. They will act as judge, jury and executioner in free speech complaints and will potentially monitor overseas funding of universities and student unions. As job descriptions go, it is unprecedented. Incredibly, the job description is already out there, for anyone who is interested, with a £100,000 salary and a four-year term—I am not sure, Madam Deputy Speaker, but it could be on your horizon.

New clause 4 should not be necessary, but in the context of this Government’s record on appointees, it most definitely is. Let us start at the very top of the tree. In February last year, Lord Wharton, a Conservative peer, was appointed as chair of the Office for Students. His appointment was something of a surprise to many; he himself admitted that he had no experience in the higher education sector. It seems that the only criterion for his appointment by this Government was that he had run the Prime Minister’s leadership campaign.