Department for Education

Michelle Donelan Excerpts

Wednesday 6th July 2022 Commons Chamber

[The Secretary of State for Education (Michelle Donelan)]

Thank you, Madam Deputy Speaker.

Let me start by saying thank you for the welcome I have received today and by thanking my right hon. Friend the Member for Harlow (Robert Halfon) for opening this important debate. He and I share a lifelong deep passion for education, given our own experiences, and that is why education has always been my personal focus, through our time on the Education Committee, and during my time as Minister for children and families, as Minister for universities and, more recently, as Minister for higher and further education.

I am here today because of the countless teachers, lecturers, school staff, administrative staff, parents, pupils and all those who keep our education system running. They are looking to Westminster today for reassurance that their priorities matter. Exam results day is coming, and covid recovery is ongoing, so I stand here today because I cannot let them down. That is why I believe it is vital that the stories and experiences of real people do not get lost in today’s debate. Forget the Westminster bubble, if you are a parent of a disabled child wondering what this Government are doing to make your local school better equipped and more inclusive, this is the debate for you. If you are a young person building the foundations of your career at college or at university, and wondering what this Government are doing to improve the quality and value of the qualifications you receive, this debate is for you.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I add my congratulations to the Secretary of State on her new appointment. I serve the most income-deprived constituency in the country, yet I am very proud that my constituency sent more children to university than any other constituency in the west midlands last year. In an interview earlier this year, she said that many of the degrees that those students study were Mickey Mouse degrees. Which degrees was she referring to?

[Michelle Donelan]

I have been very consistent on this subject and will continue to be so; every young person deserves to know that when they pick a degree course it is of a high quality. Low-quality courses do nothing to progress social mobility; all they do is limit opportunities, which I am sure the right hon. Gentleman would not want for his constituents.

If you are an adult wondering what this Government are doing to help you gain that new job, high wage or new career, this debate is for you. In my maiden speech, I said that it should not matter where someone comes from, it is where they are going that counts, and I said that education is absolutely key. I said all those years ago that what it boils down to is that it is so important that MPs, from across the House, focus on opening doors for our society and opening up opportunities.

[Layla Moran]

I, too, extend my congratulations to the right hon. Lady. When I asked my county council what was the single most important thing we could do to help the SEND backlog, it gave me one thing to relay to this Government: we should increase the number of educational psychologists. I hear her passion, so will she put that on her to-do list urgently and increase their number, not just to the 200 more that we have now, because that is not enough? We need to supercharge the number of educational psychologists available across the country, to help tackle that SEND backlog.

[Michelle Donelan]

I will be looking at everything in the coming days and weeks. As the hon. Lady will know, mental health was one of my key priorities in my former role. I recognise the importance of supporting the wellbeing and mental health of young people to their going on and succeeding in education.

[Edward Timpson (Eddisbury) (Con)]

I join other Members in congratulating my right hon. Friend on her appointment as Secretary of State for Education, which is probably the best job in Government, apart from children’s Minister. Opening doors for children in education is key, but making sure that we do not close them is equally important. We learnt from the pandemic that closing schools left a legacy for our children that we do not want to be associated with. Will she look seriously at making sure that that does not happen again, by giving schools the same stature as nuclear power stations and other parts of our essential national infrastructure, so that as Government policy we do not close them again en masse?

[Michelle Donelan]

I am not the only Minister to have gone on record to say that they believed it was a mistake we made as a Government to close schools, and we certainly will not do that again. I will certainly look at my hon. Friend’s suggestion.

The estimates I commend today put the power of investment behind those principles. We are opening the doors of opportunity and building an education system that focuses on where someone as an individual wants to go, not on where they came from. Excluding the student loan book impairment charges, the Department’s resources have increased by a staggering £5.4 billion and capital has increased by £1.1 billion since the estimates last year. This is the first year of our three-year spending review settlement, which provides an astonishing £18.4 billion cash increase for the Department over the Parliament. The total core schools budget is increasing to £56.8 billion by 2024-25, which is a £7 billion cash increase compared with last year. This increase in funding has been front-loaded, to get money to schools rapidly, because we want a country in which where someone is going is not determined by where they came from. That starts with the investment in the crucial early years. We are committed to an additional £170 million by 2024-25.

[Gareth Thomas]

I add my congratulations to the Secretary of State on her appointment. On the issue of her to-do list, I am sure that teacher recruitment and retention will be one thing she seeks to look at. May I raise with her the issue of the particular challenge that schools in outer London have in competing with schools from inner London for teachers? More funding is traditionally allocated to inner London than to outer London for salary costs. Will she examine that issue and recognise that living in outer London now is just as costly as living in inner London and that schools in constituencies such as mine should not be at a disadvantage compared with those in nearby or neighbouring boroughs that qualify as being inner London when it comes to offering good salary packages to teachers in the future?

[Michelle Donelan]

I will take on board the hon. Gentleman’s comments and add them to my ever-growing “to-do list”, as he so kindly puts it.

We are also investing £2.6 billion of capital between 2022 and 2025 for SEND. When it comes to supporting all of our children, young people and adults, schools and families, I am here, because I believe we must send a clear message today that their priorities are what we are focused on in this place. We are therefore making the investments required to entirely transform our further and higher education systems, towards a model that no other country has ever attempted.

[Harriett Baldwin (West Worcestershire) (Con)]

I congratulate the Secretary of State warmly on her appointment. Will she take an urgent meeting with me on the subject of further and higher education in Malvern? Malvern Hills College, which has been going for almost 100 years, was passed over to the Warwickshire College Group a few years ago, with a covenant that the site should be used only for education purposes. WCG, having closed the college, is trying not only to sell the site, but to sue my district council. Will she take an urgent meeting?

[Michelle Donelan]

I would be only too delighted to take an urgent meeting on a matter that sounds extremely urgent.

Before the intervention, I was speaking about the lifelong loan entitlement, which is going to be introduced from 2025. Once it is introduced, we will be the first major country in the world to provide every working-age individual with a pot of cash to draw down to use for their education throughout their life, allowing everyone to share in the life-changing skills on offer at our world-class colleges and universities.

[Robert Halfon]

I welcome the lifetime skills commitment, but when will there be clarity on the future status of the international baccalaureate career-related programme I mentioned in my opening speech? Given the Government’s commitment to skills and vocational education, was consideration given to exempting the career-related programme of the international baccalaureate from the approval process for level 3 qualifications?

[Michelle Donelan]

I will be looking at that in the coming days and hope to be able to update my right hon. Friend shortly. As a result of the lifelong loan entitlement, the UK will be upskilling and reskilling, supercharging our workforce, where the true potential of education to support social mobility, improve skills and beat the cost of living crisis will be unleashed.

Schools and early years are the power behind the great engine of social mobility in this country. I would not be standing here today had it not been for the inspiring teachers who helped me, lifted me up and supported me throughout my school education, and I know many Members across this House feel the same. That is why core funding for schools will rise by an extraordinary £4.7 billion by 2024-25 compared with previously announced plans, and this year, 2022-23, the schools budget will increase by £2.4 billion. The 2020-21 spending review increases that further with another £1.6 billion for the coming year. This will go directly to schools to help them respond to the pressures that so many of them are facing, especially at this time.

[Edward Timpson]

I agree that the certainty that those budgetary increases year on year provide schools in my constituency and across the country is extremely important, but the Department is also responsible, almost entirely, for the budget for the primary PE and sport premium, which is worth £320 million per year and is helping improve the quality of physical education activity and sport in our primary schools. Until now, apart from one occasion when there was a three-year settlement, we have had a cycle of schools waiting once to year to find out whether they could continue courses or keep staff for another academic year. Will the Secretary of State look at that as part of her lengthening to-do list and see if there is a way, working with other Departments including particularly the Department of Health and Social Care, to ensure that budget commitment can be more than just annually and instead be made further into the future, as is the footing for the school budget more generally?

--- Later in debate ---

[Michelle Donelan]

My hon. Friend makes an excellent point, especially in terms of our efforts to tackle childhood obesity. I will take that issue forward over the coming days and look at it.

Families hold our country together and form the basis of a child’s future, and indeed the futures of all of us: invest in families and by proxy we will be investing in the rest of a child’s life. My focus will therefore be on lifting up families in need to ensure that children get the same opportunities and support regardless of where they come from. That is why we are investing over £200 million a year in our holiday activities and food programme, providing free school holiday club places with enriching activities and healthy meals for children who receive benefits-related free school meals. All 152 local authorities in England are delivering this programme, leaving no child behind because of where they come from.

[Sarah Champion (Rotherham) (Lab)]

I congratulate the Secretary of State on her appointment to her new role. One of my passions is early intervention, and in Rotherham we have a fantastic early-intervention team that works with families pre-birth to make sure that every child has the necessary support around them when they get to school. I am a huge fan of the Sure Start system; can the Minister assure us that early-intervention systems will get the money they need under her guardianship?

[Michelle Donelan]

I certainly can give that reassurance. The evidence highlights the importance of those formative years, which is why we rolled out the family hubs programme and have listened carefully to the evidence. We also continue to invest in early education, with an additional £170 million by 2024-25 to increase the hourly funding rates.

My right hon. Friend the Member for Harlow (Robert Halfon) mentioned many things in his opening speech that I am particularly passionate about and that he will know I have mentioned before, including the pupil premium and breakfast clubs. He also referred to ghost children, and I want to address that in particular. Far from being ghosts, these children are, of course, flesh and blood, and they must be supported back into school so they, too, can go on and seize those opportunities and reach for the stars.

We are currently implementing a comprehensive attendance strategy to ensure no child is left behind and to tackle the root causes of non-attendance once and for all. We have established an alliance of national leaders from education, children and social care, and allied services to work together to raise school attendance and reduce persistent absence. Measures to establish a registration system for children who are not in school were included in the Schools Bill that was introduced in the other place on 11 May. I agree with my right hon. Friend about the importance of these measures and those that have previously been announced to ensure no child falls through the cracks. In fact, that will be the theme of my leadership of this Department: ensuring no child falls through the cracks in our education system.

The hon. Member for Twickenham (Munira Wilson) rightly raised the importance of covid recovery in education. Our core funding sits alongside a further targeted package of £2 billion over the spending review period. Together with existing ambitious plans, including for the delivery of up to 6 million tutoring courses and 500,000 training opportunities for teachers and staff, it takes to almost £5 billion the announced overall investment that is specifically dedicated to pupils’ recovery. Importantly, it will deliver an increase in funded learning hours to 40 hours for 16 to 19-year-olds—those with the least time left in education. It also includes an additional £1 billion of flexible funding directly to schools to support catch-up, so that those who know best about the education of their young people can decide how to utilise that money and support those pupils. The funding will extend the recovery premium for a further two academic years, with primary schools continuing to benefit from an additional £145 per eligible pupil, while the amount per eligible pupil in secondary schools is expected to be nearly double.

In conclusion, I am here today regardless of what is happening elsewhere in Westminster, because the people’s priorities remain the same and somebody has to deliver on them in education. I cannot, in all good faith, let down the millions of people who rely on the education system day in and day out, and I will not stop working for them. By making the UK a skills superpower, we are delivering an economy that works for all and provides opportunities for all. By upgrading and uplifting our schools, we are delivering a system that values the talents of every child, regardless of where they come from. By giving families the support they need to thrive, we are delivering a country we can all be proud of. I therefore commend the departmental estimates to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With the leave of the House, I call on the Chair of the Select Committee to finish the debate.

Oral Answers to Questions

Michelle Donelan Excerpts

Monday 4th July 2022 Commons Chamber

[Dean Russell (Watford) (Con)]

9. What steps his Department is taking to help support students with their mental health.

[The Minister for Higher and Further Education (Michelle Donelan)]

I have been relentlessly focused on this area, allocating £15 million to student mental health services to support the transition from school to university via the Office for Students. I have worked with the Office for Students to deliver and to keep student space and with the Department of Health and Social Care. I held a summit just last week with the Minister for Care and Mental Health, my hon. Friend the Member for Chichester (Gillian Keegan), investing £3 million in bridging the gaps between NHS and university services.

[Dean Russell]

During Prime Minister’s questions recently, the whole House and the Prime Minister joined in wearing blue ribbons as part of the anti-bullying campaign for the Diana Award. This week I am writing to all schools in Watford to raise awareness of an anti-bullying roundtable I will be hosting for students and teachers to share their experiences of tackling bullying. Will my right hon. Friend share what other measures the Government are taking to tackle bullying and to support students’ mental health more broadly?

[Michelle Donelan]

My hon. Friend has done an exceptional job of caring for his Watford constituents’ mental health, and I am sure that all hon. Members can get behind and copy his first aider programme. Bullying can have long-term effects on mental health. Between 2021 and 2023, the Department is providing more than £2 million to organisations, including the Diana Award, to support schools to tackle bullying.

[Dan Jarvis (Barnsley Central) (Lab)]

One in six kids in my constituency struggles with their mental health; it is a deeply concerning situation. What plans does the Minister have to increase specialist mental healthcare support in every school, so that all kids in my constituency have access to the support that they need?

[Michelle Donelan]

The hon. Gentleman is absolutely right that this agenda is incredibly important, and the Government care passionately about it. As a ministerial team, we are focused on supporting mental health and wellbeing. We are funding training for senior mental health leads in two thirds of state schools and colleges by March 2023 and in all by 2025.

[Mr Speaker]

I call the shadow Minister.

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

If I may, I start by offering a warm welcome to students from Myton School in my constituency, who join us in the Gallery.

In a recent survey by the mental health charity HUMEN, 57% of students said that they had access to university mental health services, while the charity Mind reports that one in five students has been diagnosed with a mental health condition. The Minister was appointed two and a half years ago. Can she honestly say that she has successfully dealt with the crisis on our campuses?

[Michelle Donelan]

We have, of course, had a pandemic in that time. The Government have ensured that we place mental health at the top of the agenda, and we work in partnership with universities to deliver those services. A summit that I held with the Department of Health and Social Care last week shows that we are working in a joined-up way to ensure that no student falls between the cracks.

[Gareth Davies (Grantham and Stamford) (Con)]

10. What steps his Department is taking to improve the quality of technical qualifications.

--- Later in debate ---

[James Grundy (Leigh) (Con)]

14. What progress he has made on improving the quality of higher education courses.

[The Minister for Higher and Further Education (Michelle Donelan)]

For the first time, universities will be subject to stringent minimum thresholds for student outcomes on completion rates and graduate jobs. Boots-on-the-ground inspections have begun, and through our transparency drive to give students all the information that they need and a focus on participation and outcomes, we are driving out the pockets of poor quality in our world-leading higher education sector.

[James Grundy]

Would my right hon. Friend congratulate Leigh College in my constituency on becoming a campus of the Greater Manchester Institute of Technology, offering the opportunity to study degree-equivalent STEM—science, technology, engineering and maths—courses to local students and bringing £13 million in educational investment to the local borough?

[Michelle Donelan]

I know how hard my hon. Friend has campaigned for that investment. The Greater Manchester Institute of Technology, once open, will play a critical role in filling the local skills gaps in key sectors such as construction, digital and advanced manufacturing, as well as in getting local people high-paid local jobs.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

15. What assessment his Department has made of the impact of inflation on school budgets.

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[Carol Monaghan (Glasgow North West) (SNP)]

The number of graduates owing more than £100,000 in student loans has gone up by more than 3,000% in a single year, with over 6,500 graduates now having six-figure balances. Next year, with inflation, things could be even worse. Will the Secretary of State detail what urgent action he is considering to tackle the huge levels of graduate debt?

[The Minister for Higher and Further Education (Michelle Donelan)]

As the hon. Member will know only too well, we responded to the Augar report in full a few months ago. We tried to get the right balance in who pays, between the graduate and the taxpayer, so that we have a fair system in which no student will pay back more in real terms than they borrowed. This Government are focused on outcomes, making sure that degrees pay and deliver graduate jobs.

[Andrew Percy (Brigg and Goole) (Con)]

T8. It is now over a decade since I worked with the new Conservative North Lincolnshire Council to introduce the Imagination Library free book gifting scheme for all under-fives. Now, with nine out of 10 local children signed up and nearly 1 million books delivered in that period, our year 1 phonics screening shows that children who receive the free books are doing better at school than their peers who do not. Will the Secretary of State, or any Minister, engage with my local council to look at the benefits of the scheme more widely?

--- Later in debate ---

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

T3. Many of my constituents who are in the UK legally and have lived in this country for many years are denied access to student finance because of unnecessary and unfair residency rules. Many applicants find it difficult to provide the evidence required, and Home Office delays mean that some people cannot even apply in the first place. Will the Minister please look into that issue and see whether any changes can be made that could help with student finance, particularly when it comes to eligibility rules?

[Michelle Donelan]

I am more than happy to meet the hon. Member, but at the heart of our system are fairness and ensuring that our policy and rules are straightforward. I am more than happy to explain that to her.

[Andy Carter (Warrington South) (Con)]

Will the Secretary of State join me in congratulating the team at Penketh High School on its ever improving standards? Ofsted recently improved its rating of the school, there was the sports gold award last week, and year 9 student Leon Stretton has signed for Warrington Wolves—a huge success in the town. However, the school’s problem is the poor state of its estate. Will my right hon. Friend look carefully at its recent application to improve the standard of the SEND building?

--- Later in debate ---

[Dr Julian Lewis (New Forest East) (Con)]

Do the Government share my concern at the injection of vast quantities of communist cash from countries such as China and Vietnam into our universities—Oxbridge colleges in particular? Will they set up a taskforce to examine the problem and make recommendations?

[Michelle Donelan]

We have recently added a further clause to our Higher Education (Freedom of Speech) Bill to ensure that there is more transparency when it comes to the donations that our universities receive.

[Mary Kelly Foy (City of Durham) (Lab)]

T10. The National Education Union has calculated that teacher pay has fallen by a fifth in real terms since 2010, while average teacher salaries are at their lowest in more than 40 years compared with average earnings across the economy. Despite that, the majority of teachers look set to be offered a 3% rise—a real-terms pay cut. Teachers in Durham deserve a proper pay rise. How on earth can the Secretary of State justify not giving them one?

NDAs: Universities

Michelle Donelan Excerpts

Wednesday 29th June 2022 Westminster Hall

[The Minister for Higher and Further Education (Michelle Donelan)]

I thank the hon. Member for Oxford West and Abingdon (Layla Moran) for securing this vital debate on an issue that I am personally passionate about and that is, as she knows, very close to my heart.

Some of the issues that we deal with come down to a simple assessment of whether something right or wrong. I have said for some time that the use of non-disclosure agreements to silence victims of sexual harassment, bullying and other forms of abuse in universities is very much one of those issues—it is simply wrong. That is why, back in January, I launched a pledge, with the support of Can’t Buy My Silence, for universities to commit to stopping using NDAs in this way. Sixty-seven institutions have now signed up, protecting more than 1 million students. I do want to correct the record: it was not the case that the Government supported the pledge; the Government created the pledge.

I am pleased to hear that the Members present share my view that it is simply wrong to use NDAs in this way. It is a gross and grotesque misuse of our legal system and one that I personally find indefensible. The only thing worse than a person experiencing this kind of horrific abuse is their then being forced to remain silent about it, even to friends and family—loved ones—for life, when they are trying to deal with the horrendous incident.

If you will permit me, Mr Efford, I want to put the voices of real victims on the record today, because, like the hon. Member for Oxford West and Abingdon, I feel that the weight of their stories will convince anyone who does not perceive the issue in the way I have outlined. One anonymous victim said:

“I was asked to sign an NDA so that I would not tell anyone my experience of sexual harassment to protect the university…I felt helpless, hopeless, and powerless. It was a feeling worse for me than the year and a half of sexual harassment I endured from my employer.”

Another victim said:

“I signed an NDA a few years ago after more than a year’s bullying by two managers at a university…The process of negotiating the NDA was very one sided and stressful. I was given a short timescale to comply and told the university would not negotiate the offer.”

That is simply not acceptable, and it is just a tiny snapshot of the sickening result of powerful institutions using NDAs to silence students and staff. There are many more cases below the surface. We must empower and enable those people to speak up. As is clear from the testimonies logged by Can’t Buy My Silence, this is not simply one group victimising another. Those silenced include men and women, staff and students, and people in senior positions as well as junior positions. It is not good enough to simply confine our concern to one of those groups; we need a holistic and comprehensive response to the problem.

In considering some of the solutions suggested by the hon. Member for Oxford West and Abingdon, it may be helpful to Members newer to the campaign if I briefly recap how we got to where we are and what prompted me to take action on behalf of the Government. Last year, I received correspondence from the newly established campaign group called Can’t Buy My Silence. Only a few lines into the explanation of the campaign, my heart sank at the thought of the victims who had been on the wrong side of an NDA in our universities. I immediately voiced my support for the campaign and went further than had been asked for by calling a meeting with it to establish what I could do as the Minister.

Our discussions on the best solutions led to the conclusion that although universities are of course autonomous institutions, they are accountable to their students and staff. In deciding which university to attend, students are looking for providers to show that they will value not only their academic growth and their professional growth, but their safety and wellbeing. The students I meet throughout England want to learn in an environment where they are free and comfortable to go forward and flourish and to report incidents and get appropriate support.

Of course, the same goes for staff—the people who make our universities such wonderful places to learn. Overwhelmingly, they want the institutions that they work for to commit to creating a safer and fairer working environment. Establishing that clear and direct channel of accountability between students, staff and a university therefore became my priority. That is why on 18 January I launched a pledge that commits universities to never using NDAs to suppress the student voice or the staff voice in relation to reporting incidents of sexual violence, harassment and bullying.

I must put it on the record that it is an honour to have supported the work of Can’t Buy My Silence, which was co-founded by Zelda Perkins, the first woman to break an NDA against Harvey Weinstein. I am grateful to her and all the campaigners at Can’t Buy My Silence for both their advocacy on this issue and their support of my pledge.

I am pleased to report that, as of 22 June, 67 institutions have signed up to the pledge, including 63 providers in England and three Oxford colleges. Of course, that is not far enough—we must go further—but it does mean that more than 1 million students are now studying at institutions covered by the pledge. That is around half the English student population. That milestone was reached in just a matter of months, before the issue received wider attention in Parliament beyond my own speeches and advocacy. I am therefore confident that, with the support of the Members present—especially those with universities that have not yet signed up to the pledge in their constituencies—we will be able to ensure that every student in this country is covered by the pledge.

I take this opportunity to once again call on Members of the House and every university to sign the pledge. It is vital that they put on the record publicly that stamp: that they will not tolerate this kind of behaviour in their institution. I ask anybody who has not already contacted their universities to do so. I will not hesitate to publicly name and shame any provider that has not signed up to the pledge.

However, as Members have said, we must go further. The Everyone’s Invited campaign has highlighted that there is much more to be done in a lot of areas to ensure that students are adequately safeguarded at university and have the best experience while they are there. I have made it clear that I believe that the Office for Students, as the higher education regulator, has a key role to play in achieving that.

In April 2021, the Office for Students published a statement of expectations on harassment and sexual misconduct. The framework provides a set of consistent recommendations to support higher education providers in England to develop and implement effective systems, policies and processes to prevent and respond to incidents of harassment and sexual misconduct. Section 6 of the statement makes clear the expectation that providers

“should have a fair, clear and accessible approach to taking action in response to reports and disclosures.”

It seems to me that not using NDAs in such cases is one obvious way that providers can meet that expectation.

I have asked the Office for Students to work on a new condition of registration and am pleased to report to the hon. Member for Oxford West and Abingdon that it is doing that. I have regular conversations about the progress of the registration condition.

[Layla Moran]

The Office for Students told me about the new condition, which will potentially be very useful. However, my heart sank when it said that it now has to have a long process of consultation, so it will potentially take years to come into effect. Is there anything the Minister can do to expedite that process?

[Michelle Donelan]

I would be shocked if the Office for Students said verbatim that it would take years, because it certainly will not. Of course, it is right and proper that a regulator would consult on such a change, but it certainly will not take years. It is a priority for me, the Secretary of State for Education and the Government at large. The registration condition would mean that higher education providers could be sanctioned for failing to take seriously their duties—including on NDAs—with a fine, suspension or even deregistration as a university. It will really have the teeth to effect change.

Back in September 2021, I welcomed Universities UK publishing its sexual misconduct guidance, which explicitly advises vice-chancellors not to use NDAs in sexual harassment, abuse and misconduct cases and highlights the fact that there is support from the sector on this very issue. Additionally, the Government provided £4.7 million of funding to the Office for Students for safeguarding projects between 2017 and 2020, and providers have been leading and sharing best practice from those projects.

I also wish to highlight the publication last July of the Government’s strategy to tackle violence against women and girls, in the wake of the absolutely tragic murder of Sarah Everard. The strategy includes reviewing options to limit the use of NDAs in cases of sexual harassment in higher education.

I should add that the ask for higher education providers to commit to the pledge in order to spearhead a cultural shift against the misuse of NDAs in their own universities is only a first step towards ridding the sector of the use of NDAs in sexual harassment cases. I reiterate that although I consider commitment to the pledge to be important, it is of course not good enough on its own. That is why I have continued to go further and why I will not stop pressing this case to ensure that more is done.

I again thank the hon. Member for Oxford West and Abingdon and those who attended the debate. Today’s discussion shows that there is a collective resolve, and not just here in Parliament; many members of the university sector have spoken up against NDAs, along with victims among students and staff. It is absolutely clear that we must address this issue, which is why this is the first Government to put this issue on the agenda and to begin to tackle it.

I conclude by urging every university to sign up to the pledge. Universities are in many ways the engines of social change, often showing the leadership required to effect major change in our society. I believe that if our higher education sector tackles the issue head on, more institutions and more sectors in public and private life will follow its example.

Question put and agreed to.

Point of Order

Michelle Donelan Excerpts

Monday 13th June 2022 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the hon. Lady for giving me notice of her intention to raise this point of order. I can confirm that the Speaker’s Office has had no notice of a statement on that matter. I appreciate that it is a serious matter and I am sure that the hon. Lady will seek other means of raising it in the Chamber, and I am certain that if she were to seek the advice of the Clerks in the Table Office they would guide her on how best to do that. I am also confident that the Minister currently at the Dispatch Box, the Minister for Higher and Further Education, will have heard the point made by the hon. Lady—

[The Minister for Higher and Further Education (Michelle Donelan)]

indicated assent.

[Madam Deputy Speaker]

The Minister is nodding in assent and I am confident that she will convey the hon. Lady’s concerns, and the concerns of the House, to her colleagues who are responsible for this matter.

Bill Presented

Northern Ireland Protocol Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Elizabeth Truss, supported by the Prime Minister, Secretary Dominic Raab, Steve Barclay, the Chancellor of the Exchequer, Secretary Priti Patel, Secretary Sajid Javid, Secretary Kwasi Kwarteng, Secretary George Eustice, Secretary Brandon Lewis, Michael Ellis, and the Attorney General, presented a Bill to make provision about the effect in domestic law of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, about other domestic law in subject areas dealt with by the Protocol and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 12) with explanatory notes (Bill 12—EN).

Higher Education (Freedom of Speech) Bill

Michelle Donelan Excerpts

Report stage
Monday 13th June 2022 Commons Chamber

[The Minister for Higher and Further Education (Michelle Donelan)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1— Duty to disclose overseas gifts and contracts affecting freedom of speech—

‘In section A3 of the Higher Education and Research Act 2017 (inserted by section 1), at end insert—

“(2) Whenever a registered higher education provider, or any of its members, employees, departments or associated bodies, enters into a disclosable arrangement with an overseas counterparty, its governing body shall, as one part of discharging the duty to promote the importance of freedom of speech and academic freedom in subsection (1), promptly report the required information about such arrangement to the OfS and the Secretary of State.

(3) By 30 April each year, the OfS shall publish on its website a searchable report which contains all required information which has been disclosed to it pursuant to subsection (2) above in the preceding year.

(4) If the governing body of a registered higher education reasonably believes that the publication of the identity of the overseas counterparty pursuant to subsection (3) or subsection (6) might present a risk of serious harm to any natural person, it may notify the OfS and will provide such information as the OfS may require to investigate such risk(s).

(5) If, following a report under subsection (4) above and such investigation as it considers appropriate in the circumstances, the OfS finds that the publication of the identity of the overseas counterparty pursuant to subsection (3) or subsection (6) might present a risk of serious harm to any natural person, then it may redact such information from its report.

(6) By 30 April 2023, the governing body of each registered higher education provider shall report to the OfS and the Secretary of State the required information of any disclosable arrangement which it, or any of its members, employees, departments or associated bodies, entered into during the ten years prior to this section coming into force, and the OfS shall publish such information on its website in a searchable report by 30 April 2024.

(7) If the registered higher education provider fails to comply with this duty, the OfS may enforce compliance in civil proceedings for an injunction.

(8) In this Part—

(a) “associated bodies” means any company, institution, trust, organisation or similar body or group in respect of which the relevant registered higher education provider has significant control or ultimate beneficial interest;

(b) “disclosable arrangement” means any formal or informal contract, gift or other arrangement by which a financial or other advantage is offered, promised or given to a registered higher education provider or any person or body mentioned in subsection (2) above, whether conditionally or unconditionally, which is equal to or exceeds £50,000 (or would equal or exceed such value in combination with other potentially disclosable arrangements entered into with the same overseas counterparty, or connected overseas counterparties, within the previous twelve months);

(c) “overseas counterparty” means—

(i) any natural person who holds citizenship of, or is domiciled in, any country or territory outside the United Kingdom (or any subdivision of such a country or territory);

(ii) any government, organisation, institution, company, foundation, legal person, trust, or similar body or group which is registered, incorporated, headquartered or carries out significant activities in any country or territory outside the United Kingdom (or any subdivision of such a country or territory) or in respect of which ultimate beneficial ownership or significant control resides in a person falling within subsection (c)(i) above; or

(iii) any person acting in any capacity for or on behalf of any person who would fall within subsection (c)(i) or (c)(ii) above if they were acting on their own account;

(d) “required information” means—

(i) the exact value of the relevant disclosable arrangement(s);

(ii) the identity of the overseas counterparty and the name of any relevant country or territory (and, if relevant, such information about the person(s) for whom they are acting or in whom ultimate beneficial ownership or significant control resides);

(iii) the date on which the relevant disclosable arrangement(s) was entered into;

(iv) details on the general purpose of the relevant disclosable arrangement(s); and

(v) any specific stipulations or obligations imposed on the registered higher education provider or any of its members, employees, departments or associated bodies (including, but not limited to, any changes to any curricula, governance or control of them).””

This new clause seeks to introduce transparency and public reporting of foreign donations to universities, in order to promote freedom of speech and academic freedom, and increase public confidence in universities.

New clause 3—Duties regarding language and cultural programmes—

In section A3 of the Higher Education and Research Act 2017 (inserted by section 1), at end insert—

‘(2) Whenever a registered higher education provider enters into partnership with an overseas organisation to deliver foreign language, culture or exchange programmes or courses, its governing body must, as one part of discharging the duty to promote the importance of freedom of speech and academic freedom in subsection (1), promptly report the required information about the partnership to the OfS and the Secretary of State.

(3) In response to the information received under subsection (2), and where there are concerns regarding the effect of the partnership on freedom of speech and academic freedom, the Secretary of State may issue a direction to the registered higher education provider.

(4) A direction under subsection (3) may be either to—

(a) terminate the partnership, or

(b) offer an equivalent range of programmes or courses delivered in partnership with an alternative organisation.

(5) In this Part, “required information” means—

(a) the financial value of the partnership;

(b) any specific stipulations or obligations imposed on the registered higher education provider or any of its members, employees, departments or associated bodies (including, but not limited to, any changes to curricula, governance or control of them).”

New clause 4—Appointment of the Director for Freedom of Speech and Academic Freedom—

‘(1) A person may not be appointed as the Director for Freedom of Speech and Academic Freedom (‘Director’) if the person has at any time within the last three years made a donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(2) The person appointed as the Director may not whilst in office make any donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(3) The appointment for the Director shall be made by an independent advisory panel to be established by regulations made by the Secretary of State.

(4) The appointment of the Director for Freedom of Speech and Academic Freedom shall be subject to a confirmatory resolution of the relevant Select Committee of the House of Commons.

(5) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.”

This new clause would ensure that the Director of Freedom of Speech and Academic Freedom has not and cannot whilst in office donate to a political party and ensure they are only appointed subject to confirmation of an independent advisory panel, the Select Committee of the House of Commons and a resolution of each House of Parliament.

New clause 5—Sunset clause—

‘(1) This Act expires at the end of the period of 3 years beginning with the day on which it is passed.

(2) A Minister of the Crown may by regulations made by statutory instrument remove any of the provisions of this Act after one year from the day on which it is passed if he is not satisfied that the provision is working as intended.

(3) Before three years from the day on which this Act is passed a Minister of the Crown must present to Parliament a written report on the effectiveness of the provisions of the Act.

(4) A Minister of the Crown may by regulations made by statutory instrument renew this Act, subject to parliamentary approval in full or in part, or make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

(5) Regulations under this section shall be subject to the affirmative procedure.”

This new clause would mean the legislation would have to be renewed by Parliament after a period of three years.

New clause 6—Academic staff: interpretation—

‘(1) Section 121 of the Higher Education and Research Act 2017 is amended as follows.

(2) After “Act—” insert—

“academic staff, for the purposes of any provision inserted by the Higher Education (Freedom of Speech) Act 2022, includes any academic staff (however engaged or employed), honorary, visiting and emeritus academic members of a provider and any other person held out as holding any academic position at the provider;””

New clause 7—Harassment—

In section 26 of the Equality Act 2010, after subsection (4)(c) insert—

“(d) when A is a student or a member of the academic staff of a registered higher education provider and the conduct took place in the context of a discussion in a higher education setting—

(i) the importance of freedom of speech and academic freedom, as provided for under Part A1 of the Higher Education and Research Act 2017 (as inserted by section 1 of the Higher Education (Freedom of Speech) Act 2022), and

(ii) whether A intended to harass B, or was reckless as to whether A’s conduct constituted harassment towards B.”

Amendment 21, in clause 1, page 2, line 2, at end insert—

“(3A) Any conduct that would otherwise constitute conduct having the effect of harassment in accordance with section 26(1) of the Equality Act 2010 shall, notwithstanding any provision to the contrary in that Act, constitute freedom of speech within the law for the purposes of subsection (2), provided that—

(a) the conduct constitutes, or forms part of, discussion of an academic or scientific matter in a higher education setting, and

(b) the person engaging in such conduct did not know or could reasonably not have known that it would have the effect of harassment.”

Amendment 19, in clause 1, page 2, line 6, at end insert—

“(4A) The objective in subsection (2) includes securing that no person listed in paragraphs (a) to (d) of subsection (2) is deprived of an ability to speak freely as a result of a non-disclosure agreement or confidentiality agreement between that person and the governing body of the registered higher education provider.

(4B) The provision in subsection (4A) does not prevent the use of a non-disclosure agreement in any case where the governing body and academic staff member agree that a non-disclosure agreement or confidentiality agreement is necessary for the protection of intellectual property.”

This amendment would ensure that non-disclosure agreements or confidentiality agreements between those listed on the Bill and a higher education providers does not inhibit the freedom of speech for those concerned, save where it is agreed to protect intellectual property.

Government amendment 1.

Amendment 17, in clause 1, page 2, line 14, at end insert—

“(c) to conduct research,

(d) to engage in intellectual inquiry and contribute to public debate,

(e) to criticise any institution,

(f) to be affiliated to any institution, and

(g) to be a member of a trade union body,”

This amendment would widen the definition of academic freedom.

Government amendments 2 and 3.

Amendment 20, in clause 1, page 2, line 32, after “views” insert “or to share experiences”.

This amendment is consequential on Amendment 19.

Government amendments 4 to 10.

Amendment 18, in clause 8, page 9, line 32, at end insert—

“(3A) In reaching a decision as to the extent to which a free speech complaint is justified, the OfS must be mindful of the following—

(a) the right of students to feel safe on university campuses, and

(b) other legal duties of governing bodies and students’ unions, such as but not limited to those under the Equality Act 2010 and section 26 of the Counter-Terrorism and Security Act 2015.”

This amendment would ensure other competing freedoms as found in the Equality Act and the Counter-Terrorism Act and Security Act 2015 are considered in relation to complaints lodged under the Free Speech Complaints Scheme

Government amendments 11 to 16.

[Michelle Donelan]

I thank all Members for their important contributions throughout the Bill’s consideration. More than two thirds of the world’s population live in countries where academic freedom is severely limited. For decades, people have travelled across the globe to study in the UK because we are one of the few nations in which free, fair and lawful speech at university is truly valued. It is no coincidence that the most academically free countries in the world are also the most socially progressive, the most democratic, the most peaceful and, of course, the most prosperous.

Free speech is as fundamental to what academics and students do on university campuses as it is to what we do in the House. However, as we saw on Second Reading, the Opposition chose to deny that there is a problem at all, despite overwhelming evidence to the contrary. In fact, since we last debated the Bill, the UK has become the only country in the top tier of academically free countries to be significantly downgraded by the academic freedom index. A report published by the Varieties of Democracy Institute determined that despite the UK’s status as a historic bastion of academic freedom and scientific excellence, not only is academic freedom in the UK declining but that decline appears to be accelerating.

[Sir Edward Leigh (Gainsborough) (Con)]

The Alliance of Pro-Life Students says that more than 70% of pro-life students face situations in seminars or lectures where they feel unable to speak openly, and one in three students surveyed had seen events cancelled due to the no-platforming of pro-life students and speakers. Will the Minister make it absolutely clear that whatever people’s views on pro-life issues, those who take that stance have a right to be heard in our universities?

[Michelle Donelan]

I wholeheartedly agree with my right hon. Friend. Of course, they deserve and have a right to be able to air their views and debate that subject.

In oral evidence, Dr Arif Ahmed spoke about how his fellow academics told him that they supported his campaign for free speech but were concerned that their careers would be impacted if they aired that publicly. We also heard from Professor Kathleen Stock, who has been the subject of the most grotesque and sustained campaign of threats and abuse, which compelled her to resign. Is it therefore any wonder that, in 2019, a King’s College London survey found that, chillingly, one in four students believed that physical violence was justified to shut down views that they deemed to be hateful?

The following year, a report by Policy Exchange found widespread self-censorship among university staff, but students and staff did not need to wait for those damning studies or for oral evidence to be published to know that there was a problem. The students forced to self-censor know that there is a problem. The academics bullied off campus, excluded by colleagues or forced to censor their lectures know that there is a problem. Legitimate organisations, speakers and guests who have been no-platformed or physically and verbally abused on campus know that there is a problem. It is just the Opposition who have their heads in the sand.

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[Alicia Kearns (Rutland and Melton) (Con)]

Will the Minister confirm that the Secretary of State will maintain the ability to direct the director to further inquiry, should he have concerns that the OfS is not investigating an issue suitably?

[Michelle Donelan]

Of course, we work hand in hand with the OfS and if there were concerns, we would be able to direct.

We are introducing a new complaint scheme, operated by the OfS, for students, staff and visiting speakers who have suffered loss as a result of a breach of those duties. On top of that, we are introducing a new statutory tort as a legal backstop. The Government tabled amendments in Committee to ensure that new strengthened freedom of speech duties apply directly to constituent colleges of registered higher education providers. That will ensure that appropriate institutions must comply with the new duties in universities such as Oxford, Cambridge and Durham.

[Daniel Zeichner (Cambridge) (Lab)]

Will the Minister give way?

[Michelle Donelan]

I will, and then I will make progress.

[Daniel Zeichner]

I am grateful. I am sure the Minister will be aware that institutions such as the University of Cambridge are concerned about the extra bureaucracy that may well create—particularly for commercial partnerships, which are completely unrelated to freedom of speech issues. Will she clarify what is meant by “constituent institutions” and the intent in new clause 2? Is she really putting a general monitoring duty on the OfS to require pre-emptive reporting?

[Michelle Donelan]

The hon. Gentleman raises a few points. In new clause 2, “constituent institutions” mean colleges. It is right that we should not have a potential loophole in the Bill. When forming new clause 2, I worked very closely with the university sector, including the University of Cambridge, so I ask him, respectfully, to talk to it again.

A number of important issues were raised in Committee. Opposition Members expressed concerns that the Bill would protect hate speech on campus. I have been clear throughout the passage of the Bill and will make the point once again: the Bill is only about lawful free speech. Let me be clear that this cheap shot has no actual validity. It is the Opposition’s attempt to discredit the Bill. It is a strong signal that they are content for an intolerant minority to silence those they disagree with, content for academics to feel the need to self-censor, content for students to miss out on the ability to debate, to critique and to challenge, and, ultimately, content to stifle debate. The Bill does not override the existing duties under the Equality Act 2010 regarding harassment and unlawful discrimination, nor the public sector equality duty and the prevent duty. Nor does it give anyone the right to be invited to speak at a university.

There were also questions from Members on both sides of the House, including my hon. Friend the Member for Congleton (Fiona Bruce), on whether junior researchers and PhD students will be covered as academic staff. That was laid as an amendment by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes). To clarify, the Bill uses the term “staff” to broaden the existing reference to employees, as not all those who work for a higher education provider have an employment contract or employee status. I can confirm that it will include those on short-term, casual contracts and PhD students undertaking teaching.

I now turn to the Government amendments tabled in the name of my right hon. Friend the Secretary of State. New clause 2 and Government amendments 13 and 14 will impose a duty on the Office for Students to monitor the overseas funding of registered higher education providers and their constituent institutions, so as to enable it to assess the risk from such funding on freedom of speech and academic freedom. The duty will include a requirement to consider this in the context of a finding of a breach of new section A1 in clause 1. Higher education providers will be required to supply to the OfS information about overseas funding from certain individuals and organisations, with the details to be set out in regulations. The funding will cover not only the income that providers receive, but that of their constituent institutions, their members and their staff in their capacity as such. Similar provision will also apply to student unions. The OfS must include a summary of the information in its annual report, along with relevant patterns of concern.

Our amendments are proportionate, but we must ensure that our higher education system remains world leading, safeguarding an environment in which freedom of speech and academic freedom can thrive.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The Secretary of State was escorted off the premises by security following his attendance to give a speech at one of our leading universities, after he was hassled. That was shameful behaviour, but that level of security is not available to everyone at all times. We need not just legislative change but a culture change, so that we accept that everyone with a different view is not a bad person and that there is not necessarily a right or wrong answer. What wider work are the Government are doing to instil that in younger children before they get to university?

[Michelle Donelan]

My hon. Friend is right. We need a cultural change, and legislation of this nature can spur such change. In our schools, we also need an environment of openness and frankness, and to grow that throughout the education system. I know that my colleagues in the Department are looking at this and will provide further guidance to support teachers shortly.

I know and understand the concerns raised by hon. Members, including my right hon. Friends the Members for Hereford and South Herefordshire (Jesse Norman) and for Chingford and Woodford Green (Sir Iain Duncan Smith), and my hon. Friend the Member for Rutland and Melton (Alicia Kearns), which is why the Government are acting on new clause 3. I can confirm explicitly that the Government amendment will include educational partnerships, including Confucius institutes, and that the OfS will be able to impose a wide range of proportionate remedies as specific conditions of registration. That could include requiring a provider to make available alternative provision, or even to terminate a partnership if necessary to protect free speech. We will ask the OfS and its new director to make it clear that those are possible remedies in the guidance that will be published.

We of course continue to welcome foreign investment and donations to higher education as a key part of supporting innovation and development, but the amendments will increase the transparency of overseas income by requiring granular data to be reported to the OfS. Our intention is to proscribe countries for the purpose of the amendment by mirroring the countries listed in the academic technology approval scheme, which will exclude countries such as our NATO and EU allies, as well as countries such as Japan. We also intend to set a threshold of £75,000 in regulations. Hon. Members should be assured that in each case the ability to make provision by way of regulations will allow us the flexibility to amend as appropriate.

[Alicia Kearns]

I thank my right hon. Friend for the significant time that she has invested in speaking to my colleagues and me about this. Can she confirm clearly that Confucius institutes will fall within the remit of the organisation she is discussing because of the grave concerns about their strangulation of freedom of speech and thought on British campuses?

[Michelle Donelan]

I can confirm that Confucius institutes fall within the scope of these proposals, as I have outlined, and I urge all universities to increase the choice that they provide to students in this regard.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

Following the intervention by my hon. Friend the Member for Rutland and Melton (Alicia Kearns), I wish to be assured on one point. Do the Government genuinely believe that the Confucius institutes pose a threat? Other Governments in the free world have banned the institutes from campuses, not only because they limit free speech, but because they have been involved in spying on Chinese students, especially those who show any kind of disregard for what China does. The institutes are very dangerous, and the issue goes wider than just the ability to shut down free speech: they are also reporting back about Chinese students, many of whom live in fear.

[Michelle Donelan]

Many countries have worked with their university sectors to enhance the choice on offer. For the first time, the Bill will give the OfS the power to act if free speech is in question, so it is radical in that sense.

[Dr Julian Lewis (New Forest East) (Con)]

I appreciate that the provision is mainly about free speech in UK universities, but does the Minister share my concern about the proposed £155 million gift from the billionaire chairwoman of a Vietnamese company to Linacre College, Oxford, a distinguished graduate college, on condition that the name of the college is changed to that of the chairwoman? Her company is extremely close to the Vietnamese Communist Government, where there is certainly very little freedom of speech. The Privy Council has to approve the change. Are the Government taking a view on the matter?

[Michelle Donelan]

I have recently been alerted to this issue and I am actively investigating it. I will update my right hon. Friend in coming days.

Government amendments 3 and 4 and 6 to 10 make provision on the payment of security costs for events. The amendments place a duty on higher education providers, colleges and student unions not to pass on security costs unless in exceptional circumstances to secure freedom of speech within the law. The Government want to put an end to the practice of no-platforming by the back door, raised by many Members in Committee, including my right hon. Friend the Member for South Holland and The Deepings.

I said then that I was listening, and the amendments address the concerns. We have seen reports that a student society faced a £500 security bill from Bristol University student union to allow the Israeli ambassador to give a talk, while charging nothing to allow his Palestinian counterpart to do the same. The Union of Jewish Students has reported to me that some Jewish societies have even been billed for security costs for having stalls at freshers’ fairs. That is outrageous. If a university has a culture on campus in which security is required for inviting routine speakers, it has a culture in which intimidation, threats and violence are seen as acceptable. That does not constitute promoting free speech. The solution is to stamp that unacceptable culture out and stop student societies paying the price for those who break the law.

Government amendment 5 will change the coverage of college student unions, often called junior and middle common rooms. It makes it clear that the Bill does cover the activities of JCRs and MCRs, thereby clarifying the position.

Government amendment 11 will make it clear that the OfS is not required to make a decision as to the extent to which a free speech complainant is justified if that complaint is then withdrawn. Government amendments 12 and 15 set out how publication under the scheme will work in relation to the more general publication provisions recently inserted into the Higher Education and Research Act 2017 by the Skills and Post-16 Education Act 2022. In particular, the Bill provides for absolute privilege against defamation claims arising from publication of OfS’s decisions under the complaints scheme, whereas the general provisions give qualified privilege to other publications. The absolute privilege matches the approach taken by Parliament to the complaints scheme run by the Office of the Independent Adjudicator for Higher Education.

Government amendments 1, 2 and 16 will remove the express limitation on the definition of academic freedom that it covers only matters within an academic’s field of expertise. Once again, the Government have listened carefully to Members who raised issues in Committee, including my hon. Friend the Member for Congleton and my right hon. Friend the Member for South Holland and The Deepings.

The Bill marks the Government delivering on our manifesto pledge, while listening and strengthening the Bill throughout.

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I want to turn briefly to new clause 5. It would introduce a sunset clause to the Bill, ensuring that it expired after three years, and provides for clauses to be removed if they are not working. The new clause does not deny the importance of freedom of speech or academic freedom, or our commitment on this side of the House to both. It addresses the flimsy evidence base underpinning the Bill. Last week at the Higher Education Policy Institute annual conference, the Minister struggled to provide concrete evidence to show that there was a freedom of speech crisis in our universities, other than anecdotes and what she believed to be true.

[Michelle Donelan]

You were not even there.

[Matt Western]

I read every word. I read them with interest.

Only last week, the HEPI student academic experience survey revealed that a majority of students—64%—either agreed or agreed strongly with the statement:

“I feel comfortable expressing my viewpoint, even if my peers do not agree with me”.

Only 14% disagreed.

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[Miriam Cates]

I am very sorry to hear it. The hon. Lady absolutely should not be. What I am trying to say is that this is a much wider issue than the particular incidents that have made the headlines, and some deeper culture changes need to take place. That will take time, and we need to do a lot in schools as well.

I very much support the Bill. Hopefully it can narrow the divide that we see in society. I very much support the Government amendments, which will do a lot to protect freedom of speech.

[Michelle Donelan]

With the leave of the House, I will speak on the non-Government amendments. New clause 1 seeks to improve transparency, especially in relation to foreign donations, and new clause 3 would place a duty on higher education providers as part of the promote duty to report information about foreign language, culture and exchange programmes and courses to the Office for Students and the Secretary of State. The Secretary of State would then be empowered to direct them to terminate the partnership or offer an equivalent if there were concerns about freedom of speech.

My hon. Friends are absolutely right to promote the importance of transparency of overseas financial arrangements, and we agree, which is why Government new clause 2 addresses those concerns. New clause 2 also requires the reporting of funding from certain overseas educational partnerships, including Confucius institutes, which addresses new clause 1 and the first part of new clause 3.

New clause 3 would have unintended consequences and place an unnecessary burden on the sector. Under new clause 2, there would be a financial threshold and countries such as NATO allies would be exempt. New clause 3 has no exemptions, which would mean that every single kind of partnership would be covered from the Turing scheme and third-year language students studying abroad with partner universities to important international research exchange programmes. The burden on providers to deal with that information would be disproportionate and would stifle the ability of our world-class universities to work with global partners on important research programmes.

The Government take the concern regarding foreign interference extremely seriously, however, which is why we developed a cross-Government programme of work to counter those threats, and we are continuing to work with providers to help them to understand the threats and respond. Government new clause 2 will help us to do that, and the Office for Students could utilise a range of enforcement powers to issue fines, close programmes such as Confucius institutes, or mandate universities to offer alternatives to students if that was necessary to secure free speech. As I said, however, new clause 3 would have unintended consequences.

Amendments 19 and 20 would provide that a non-disclosure or confidentiality agreement with the governing body of a provider did not mean that members, staff or students and visiting speakers could not speak freely. I stress that I fully support the spirit of this amendment; it is almost unimaginable to think of anything worse than suffering sexual assault and then being pressurised into being silent. I have been very vocal about the fact that our universities should never use NDAs to silence victims of sexual harassment, which is why I launched a pledge in January to end the use of NDAs. Some 66 universities are now signed up, 62 of which are in England, and three Oxford colleges.

We have a long way to go, which is why I am constantly talking to universities and working with Can’t Buy My Silence to call out those who have as yet failed to sign the pledge, but I know that a number will sign imminently. When it comes to the use of NDAs and sexual assault, the higher education sector has an opportunity to lead the way and show others what can be done.

We have also asked the Office for Students to impose a binding condition of registration on universities to ensure that they properly tackle sexual misconduct, which we intend to deal with that sort of behaviour. This would have teeth and it would mean that universities could be fined up to half a million pounds; they could even lose their degree-awarding powers. The ramifications would be big, and it would mean that the lawyers who developed those NDAs would be breaching the registration condition by doing so. We are the first Government who are prepared to tackle this issue, and I shall continue discussing with colleagues on both sides of the House all the ways in which we can tackle sexual harassment in universities, because that issue is very important to me and we will be doing more.

Amendment 17, which would widen the definition of academic freedom, is not necessary, because all the proposed new paragraphs are already covered by Government amendment 1, which will remove the requirement for academic freedom to be within an academic’s field of expertise. New clause 6 would add a new definition of academic staff, which I outlined in my opening speech.

New clause 7 and amendment 21 would change the definition of harassment in the Equality Act 2010 and under the Bill. I fully agree that there are occasions when universities have misapplied the Equality Act and have relied on it to wrongly shut down lawful free speech. There is both a subjective and an objective element as to whether harassment has taken place, and that should not be based on the views of just the complainant. Indeed, we saw a case last week where the University of Essex had to amend its policies following welcome pressure from the Free Speech Union. I assure hon. Members that once the Bill has passed, the new director of the Office for Students will ensure that providers are complying with the Equality Act as it is written, rather than overreaching.

[Sir John Hayes]

I am grateful that my right hon. Friend is addressing the amendment that stands in my name and that of my hon. Friend the Member for Ipswich (Tom Hunt). Part of the problem is that universities are drawing up policies for dealing with complaints about free speech and its protection that are themselves faulty; they are often based on advice from individuals and organisations that have a skewed view about the relationship between free speech and the Equality Act. Will she look at those policies and their sources, and the advice that universities are receiving?

[Michelle Donelan]

My right hon. Friend is correct. As I said, some universities have misinterpreted the Equality Act, which is why comprehensive guidance will be produced by the new director that will be the main source that they should refer to, rather than external agencies.

[John McDonnell]

On the point about advice, we are dealing with what has obviously become a contentious issue that often relies on subjective judgments. The advice that universities will take will come from the director for freedom of speech and academic freedom. Does it not behove the House to ensure that that person has the absolute confidence of those universities? New clause 4 simply says that that person will not be associated with a political party and will be appointed by an independent panel, and that a Select Committee will have a role in confirming that appointment. That will hopefully take the director who provides such sensitive advice out of the political melee and give universities more confidence in them.

[Michelle Donelan]

If the right hon. Gentleman will allow me, I will get to that point later; he may intervene again if he is not satisfied with the response.

Amendment 18 would require the Office for Students, when considering a complaint, to be mindful of the right of students to feel safe on campus, and of other legal duties such as those under the Equality Act 2010 and the Prevent duty. But the duty in the Bill to take “reasonably practicable” steps to secure freedom of speech and academic freedom will allow for relevant considerations to be taken into account. In particular, it will allow for other legal duties, such as those under the Equality Act and the Prevent duty, to be considered.

“Reasonably practicable” is a commonly understood term used across the statute book. It means that the relevant body can take into account all the other legal duties on a case by case basis. If another legal duty requires or gives rise to certain action, it would not be reasonably practicable to override that. As for the Office for Students, it will be required to take into account all the relevant facts. It would not be appropriate to try to set out all the considerations that it should take into account, so the Government do not support the amendment.

New clause 4 concerns the appointment of the director for freedom of speech and academic freedom to the board of the Office for Students. It relates to the appointee giving a donation to a political party, and it would require the appointment to be made by an independent advisory panel. We have in this country a robust public appointments process that, rightly, does not bar people who are members of political parties from serving in such roles.

The Commissioner for Public Appointments sets out that every year numerous public appointments are made of individuals who declare political activity, and in many years more appointees have declared an affiliation to the Labour party than to the Conservative party. This rule is such that, if applied generally, it would have prevented individuals such as Alan Milburn, Baroness Falkner and John Cope from serving.

On who will appoint the director, this will be carried out in the same way that the other members of the Office for Students board are appointed under the Higher Education and Research Act 2017—by the Secretary of State—and this will of course be done in accordance with the public appointments process. It would not be consistent to treat the director under this Bill differently. The Government therefore do not support this amendment.

[John McDonnell]

As this now goes to the other place, could I just ask the Minister to think again on that particular issue? This is an incredibly contentious area, and it requires someone who is above any form of suspicion of party political linkages. More importantly, it requires someone who has the confidence of an independent panel, but also, I believe, of one of our Select Committees. I urge her to think again, at least about the appointments process and the engagement of a confirmatory vote by a Select Committee on this critically important post, which I think is so important that the legislation will stand or fall on this appointment.

[Michelle Donelan]

I am a little taken aback by the comments of the right hon. Member, who refers to the relationship between political parties as suspicious—quite something given that we are all related to political parties. The Government will not be thinking again on that one.

New clause 5 would introduce a sunset clause, meaning that unless a report is made to Parliament and regulations are made, the legislation would expire three years after the date of enactment, and it would give Ministers the power to discontinue provisions in the Bill after one year. The fact that the Opposition have tabled this amendment demonstrates very clearly that, whatever they say, Labour Members do not support free speech. They have consistently opposed the need for this Bill despite the very clear evidence, and they now are seeking to dismantle it before it has even started. The Government wholeheartedly oppose this amendment, and we will never falter in our determination to safeguard free speech.

With the assurances I have given, I hope Members will not press their amendments to a vote, and I commend this Bill to the House.

Question put and agreed to.

New clause 2 accordingly read a Second time, and added to the Bill.

New Clause 4

Appointment of the Director for Freedom of Speech and Academic Freedom

“(1) A person may not be appointed as the Director for Freedom of Speech and Academic Freedom (‘Director’) if the person has at any time within the last three years made a donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(2) The person appointed as the Director may not whilst in office make any donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(3) The appointment for the Director shall be made by an independent advisory panel to be established by regulations made by the Secretary of State.

(4) The appointment of the Director for Freedom of Speech and Academic Freedom shall be subject to a confirmatory resolution of the relevant Select Committee of the House of Commons.

(5) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.”—(Matt Western.)

This new clause would ensure that the Director of Freedom of Speech and Academic Freedom has not and cannot whilst in office donate to a political party and ensure they are only appointed subject to confirmation of an independent advisory panel, the Select Committee of the House of Commons and a resolution of each House of Parliament.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Michelle Donelan]

I beg to move, That the Bill be now read the Third time.

I would like to take the opportunity to acknowledge all who have contributed to the Bill’s passage. The nature of the problem and the intensity of those opposed to academic freedom has made even acknowledging the issue an incredibly brave act in many cases. I thank the many right hon. and hon. Members who have raised the issue and contributed to the discussion over the years. In particular, my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and my hon. Friends the Members for Congleton (Fiona Bruce) and for Penistone and Stocksbridge (Miriam Cates) have played an important part in scrutinising and strengthening the Bill. I thank my right hon. Friends the Members for Hereford and South Herefordshire (Jesse Norman), for Harlow (Robert Halfon) and for Chingford and Woodford Green (Sir Iain Duncan Smith), my hon. Friend the Member for Rutland and Melton (Alicia Kearns) and others for raising the important subject of international donations transparency. I also thank the research institutes and think-tanks who have shone a spotlight on the scale of the problem, such as Policy Exchange, Legatum and the policy institute at King’s College London. Together with the support of the Russell Group, Universities UK and other sector organisations, we on the Government side have been able not only to understand the scale of the problem but to shape the solution.

I was personally moved by much of the oral evidence given in the Public Bill Committee, so I struggle to understand how the Opposition sat there, heard that and yet still failed to back this robust action. Individual academics, such as Professor Kathleen Stock, Professor Nigel Biggar and Dr Arif Ahmed, have also played a fundamental role, raising awareness of the problem and advocating for change, sometimes at significant cost to themselves.

Members from across the House made valuable contributions during the debate and during the passage of the Bill. Some, in fact, highlighted areas of good practice in our universities. Despite pressure to limit free speech, in April Reading University vice-chancellor Robert Van de Noort published a strong, principled defence of academic freedom and freedom of speech that echoed many of the issues the Bill intends to address. The University of Cambridge rightly rejected proposed guidelines that all opinions must conform to the requirement of being “respectful”. Frankly, that would have been absurd.

However, that type of good practice is not always representative of the sector. As just one example, the high rates of self-censorship that numerous surveys and studies have documented show that the problem is widespread. The very nature of self-censorship means that the actual rates are likely to be much higher than reported. Students arriving at university today join an environment where one in four of their peers believe physical violence is justified to shut down views they deem to be hateful. We see that some are too ready to levy the charge of “hateful” at any view they disagree with. Staff are teaching at universities at a time when 200 of their colleagues recently reported receiving death threats and abuse with no support from their universities.

The UK has become the only country in the top tier of academically free countries to be significantly downgraded by the Academic Freedom Index. We are now ranked 63rd in the world. This is at a time when a university professor expressed lawful opinions and ended up needing police protection to visit a university campus. That is the culture that has been embedded in too many of our universities. It is not about lawful, peaceful protest, which of course should be celebrated; it is about a culture in which a small number of students and academics believe they have the right to act with impunity to harass, intimidate and threaten those whose views they disagree with until they are silenced and driven out. Again and again we have seen that occurring, while university authorities stand by and do nothing. No individual should have to fear for their personal safety, or rely on the good will of their colleagues to go about their job safely.

We will not let that continue, so we are taking action and delivering on our manifesto commitment, unlike the Opposition who continue to bury their heads in the sand. Madam Deputy Speaker, indulge me for a moment. Let me remind Opposition Members of some of the comments they have made during the passage of the Bill. One said there was:

“no evidence…of a free speech crisis”. —[Official Report, 12 July 2021; Vol. 699, c. 114.]

Others said it was

“tackling a problem that does not really exist.”—[Official Report, 12 July 2021; Vol. 699, c. 106.]

and that the legislation is “not necessary” and “manufacturing a problem”. Even the shadow higher education Minister called this a “virtually non-existent problem”. But I fail to believe that the Opposition do not recognise the wealth of evidence that they, too, have heard and seen. It is time that they were honest: they are simply anti-free speech.

This Government will always stand up for free speech, which is why our Bill confirms that it is not acceptable for students, staff or visiting speakers to fear repercussions for exercising their right to lawful freedom of speech and academic freedom. The Bill will also ensure that individuals have routes to redress if their rights are not secured due to breaches of the duties placed on higher education providers and student unions. Under the existing legislative framework, those clear routes of redress do not exist. They are essential to ensure that freedom of speech and academic freedom are protected to the fullest extent. The Bill is about changing the wider culture on university campuses so that everyone has an equal right to be heard and peacefully challenged. That should be done with tolerance of different opinions and in a constructive way. It does not grant any protection to unlawful speech.

Whether some Members realise it or not, change is needed. As we have seen historically on issues such as gender equality, race discrimination and human rights, such cultural change occurs more readily when backed up by appropriate legislation. At present, we have a duty without proper means of enforcement. The Bill is therefore a vital piece of legislation that will lead to the cultural change necessary to tackle the issue at the core. I therefore challenge the Opposition to show the world of higher education that we value freedom of expression the same as we value it here in this place, and to be on the right side of history—the side that stands for free expression, free speech and academic freedom. I commend the Bill to the House.

Student Loan Interest Rates Reduction

Michelle Donelan Excerpts

Monday 13th June 2022 Written Statements

[The Minister for Higher and Further Education (Michelle Donelan)]

I am announcing today a temporary reduction in student loan interest rates to come into effect on 1 September 2022. This unprecedented action brings student loan interest rates in line with the forecast prevailing market rates for comparable unsecured personal loans.



In accordance with the Teaching and Higher Education Act 1998, when the Government consider that the student loan interest rate is higher than the prevailing market rate for comparable unsecured loans, we will take steps to bring student loan interest rates in line with the prevailing market rate.



The Government regularly monitor the interest rates set on student loans against the interest rates prevailing on the market for comparable loans.



Student loans are set with reference to the RPI for the month of March prior to the start of the academic year, as published by the Office for National Statistics. Following a significant increase in RPI in March 2022, I am announcing today—13 June 2022—a cap on the post-2012 undergraduate income-contingent repayment and postgraduate income-contingent repayment student loan interest rates in line with the forecast prevailing market rate for the 2022-23 academic year. Subject to the will of Parliament, the cap will come into effect from 1 September 2022 and last for a period of 12 months.



The post-2012 undergraduate income-contingent repayment student loan interest rate and the postgraduate income-contingent repayment student loan interest rate will be 7.3% between 1 September 2022 and 31 August 2023.



This intervention by Ministers means that in September 2022 post-2012 undergraduate student loan borrowers and postgraduate student loan borrowers face a maximum interest rate of 7.3% rather than 12%. This is the largest reduction of its kind on record.



No borrower will be paying more per month as a result of this change. Monthly student loan repayments are calculated as a fixed percentage of earnings above the relevant repayment threshold and do not change based on interest rates or the amount borrowed.



Subject to continued monitoring of the prevailing market rate, from 1 September 2023, the post-2012 undergraduate income-contingent repayment student loan interest rates will revert to variable rates of standard rate to standard rate plus 3% and postgraduate income-contingent repayment student loan interest rates will revert to the standard rate plus 3%.



Should the confirmed prevailing market rate turn out lower than forecast, a further cap will be implemented to reduce the plan 2 and the postgraduate loan interest rates accordingly.



Further caps may be put in place should the prevailing market rate continue to be below student loan interest rates.

[HCWS94]

Higher Education and Skills in Local Communities

Michelle Donelan Excerpts

Wednesday 25th May 2022 Written Statements

[The Minister for Higher and Further Education (Michelle Donelan)]

Today I am announcing a national programme which will be delivered by The Open University. The Open University will partner with 10 to 12 further education (FE) providers in England to support the delivery of high quality level four and five courses in areas where there is currently limited provision.



As a Government we are working to level up the country, and access to high quality education at level four and above is a vital part of this. There are too many communities who do not currently have access to local, convenient, high quality higher education (HE) and I am determined to address this.



We want people wishing to train and upskill throughout their life to have local access to a new type of HE, focused on providing the higher level skills to meet local employer needs, with shorter courses that deliver the skills they require rather than only three year degrees.



The Open University will be working in partnership with a selection of FE providers and employers at a local level to understand the skills the economy needs and ensure the education system give people those skills.



We know FE providers are at different stages and require different levels of support to take the important step into delivering good quality level four and five courses that employers want. So I have asked the Office for Students to commission an HE sector leader to provide validation and course support to help FE providers develop and deliver high quality higher technical courses that meet local skills needs.



We are delighted that the Office for Students has appointed The Open University to deliver this vital programme. The Open University will work with FE providers who need support developing and delivering courses and having them validated. They will help people in areas currently underserved by HE courses to access a high quality course accredited by a known and recognised institution. The Government are providing up to £10 million to support The Open University with the costs of setting up and running the programme over the next three years.



The Open University is inviting bids now from local FE providers who are ambitious about delivering high quality level four and five courses. They will be announcing which organisations they will be supporting in the autumn, and we look forward to working with them and the Office for Students to level up opportunity.



This new programme comes alongside a £32 million Higher Technical Education Skills Injection Fund for colleges and universities, which will be invested in equipment and facilities to support technical studies, and boost training opportunities with businesses in key areas such as digital, construction and healthcare.



I would like to use this statement to encourage education sector leaders to engage with these programmes of support. Together we can build an even better HE offer that is fit for the 21st century and delivering on the priorities of local employers and learners in every part of the country.

[HCWS55]

Reducing Bureaucracy in Higher Education

Michelle Donelan Excerpts

Monday 23rd May 2022 Written Statements

[The Minister for Higher and Further Education (Michelle Donelan)]

Today I am providing an update on my commitment in September 2020 to reduce regulatory burden in higher education.

Bureaucracy has a direct impact on how well providers can do their jobs: every pound spent on unnecessary bureaucracy is a pound that is not being spent on teaching and research.

I am therefore pleased to confirm that the Office for Students has already:

reduced its enhanced monitoring by over 75%, removing 376 individual information or reporting requirements;

removed its requirement for detailed monitoring returns on Access and Participation Plans in 2022

streamlined its communications with HE providers and provided a direct contact for every registered provider.

In addition, I recently set up the HE data reduction taskforce, to bring together attendees from providers, arm’s-length bodies and other data experts across the HE sector to identify where we are putting overlapping data requirements on providers and where they could be reduced. The taskforce provides a real opportunity for all parties involved in data in the HE sector to discuss challenges and opportunities and, most importantly, to agree tangible actions.

Institutional bureaucracy

There is, however, more that providers themselves could do to remove internal bureaucracy which is not needed to comply with regulatory requirements.

I therefore want to use this statement to encourage HE providers strongly to look at ways that they could reduce this gold-plating. This should include:

Reviewing their own schemes of delegation to ensure that they are fit for purpose, and that regulatory decisions and activity are clearly delegated to the right level in the provider. Not every decision needs to go to the Board of Governors, or through multiple layers of governance.

Ensuring that they remain focused on the content of the decisions they are making and the reasons for the decision, rather than ensuring that it goes to multiple committees.

Carefully considering which processes, committees, activities and external subscriptions genuinely add value for students and which could be dispensed with, to free up academic time for teaching and research.

Unnecessary bureaucracy can take up time that could be spent focusing on the academic experience or quality of teaching which a student receives. This Government and the OfS will continue to focus on this, but providers also need to look internally to do the same.

[HCWS48]

Higher Education (Freedom of Speech) Bill (Carry-over)

Michelle Donelan Excerpts

Carry-over motion
Monday 25th April 2022 Commons Chamber

[The Minister for Higher and Further Education (Michelle Donelan)]

Let me be crystal clear: the Government remain committed to delivering on our manifesto pledge by strengthening freedom of speech in higher education. We have not changed, and never will change, our position, because we recognise that free speech is the absolute cornerstone of democracy and a liberal society. Our universities should be centres of inquiry and intellectual debate, and places of new and independent thinking from which will grow the knowledge, learning and science that we need to tackle future global challenges. The reintroduction of the Higher Education (Freedom of Speech) Bill reaffirms our manifesto commitment, yet the Opposition’s position can be described only as perplexing. First they said that if such legislation were needed they would support it, but then they changed their position to say that the issue does not exist and they will not support the Bill. Now their position has become even more confusing.

Once again, the Opposition find themselves entirely out of step with the British people on a matter of fundamental importance. Their unwillingness to acknowledge that this is an issue has shown their contempt for the views of ordinary people, and their unwillingness to support a democratic legislative solution without an alternative plan —something that was very clear throughout Committee —shows that, as always, their cynical party politicking comes ahead of common sense. Even now they try to deflect by a ruse to suggest that our commitment to this issue has waned. This Bill will ensure that lawful free speech is supported to its full extent.

Question put and agreed to.

animal welfare (kept animals) Bill: Carry over

Ordered,

That—

if, at the conclusion of this Session of Parliament, proceedings on the Animal Welfare (Kept Animals) Bill have not been completed, they shall be resumed in the next Session; paragraphs (9) to (14) of Standing Order 80A shall have effect in relation to the Bill as if it had been ordered to be carried over to the next Session of Parliament in pursuance of a carry-over motion under paragraph (1) of that Standing Order, except that paragraph (13) shall have effect as if the period on the expiry of which proceedings on the Bill shall lapse is two years from the date of its first reading in this House.—(Victoria Prentis.)

School Rebuilding Programme

Michelle Donelan Excerpts

Tuesday 22nd March 2022 Westminster Hall

[The Minister for Higher and Further Education (Michelle Donelan)]

I echo those who have said what a pleasure it is to serve under your chairmanship, Mrs Miller. I congratulate the hon. Member for City of Durham (Mary Kelly Foy) on securing the debate. I am also a constituency MP, and I recognise many of the challenges that hon. Members have raised.

Good-quality buildings are absolutely essential to support high-quality education so that pupils gain invaluable knowledge and skills, as well as the qualifications that they will need to unlock their futures. All pupils deserve to learn in an effective and safe environment, which is why the school rebuilding programme is a priority for the Government. I will talk about the details of the hon. Member’s specific schools later on, and I am sure I can arrange a meeting with her and the Minister for School Standards, my hon. Friend the Member for Worcester (Mr Walker). On the hon. Member’s question of when we will publish the details, we will publish nominations of schools after the selection process this year. We cannot comment on individual schools at this stage while the process is live, but I assure her that we will publish that.

The Prime Minister announced the new school rebuilding programme in June 2020 as part of the plans to build back better. We have confirmed the first 100 schools in the programme as part of the commitment to 500 projects over the next decade, tackling the school buildings most in need of replacement or significant refurbishment. The programme will transform the education of hundreds of thousands of pupils around the country, including many pupils who attend the schools that have been referenced. Children and teachers will continue to benefit in the decades to come. The programme will replace poor condition and ageing school buildings with modern facilities.

All new buildings delivered through the programme will be net zero carbon compliant and more resilient to the impact of climate change such as flooding and overheating, contributing to the Government’s ambitious carbon reduction targets. We achieved a significant milestone in September, with a number of these first projects having already started on site. An example of that is West Coventry Academy. The expansive school site consists of 17 blocks with significant condition needs across it, including integrated buildings. All existing blocks were demolished and replaced by a new teaching block, including a new sports hall and swimming pool.

The programme represents a substantial investment in our schools in both the midlands and the north, with 70 of the first 100 projects included in those regions. I know the hon. Member for York Central (Rachael Maskell) mentioned that the majority of Members present in the debate are from northern constituencies.

[Catherine West]

indicated dissent.

[Michelle Donelan]

I said the majority. Working closely with the construction sector, the programme will also invest in skills—a point made by my hon. Friend the Member for Darlington (Peter Gibson), supporting construction jobs, investing in efficient technologies and enhancing productivity and skills, all of which will help drive up growth and build back better from the covid-19 pandemic. The school rebuilding programme is the successor to the priority school building programme. PSBP1 was announced in 2012, and PSBP2 was announced in 2014. The PSBP has rebuilt and refurbished those buildings in the very worst condition across the country, covering over 500 schools. Two schools in the city of Durham have benefited from the priority school building programme, alongside five additional schools across the county of Durham. At one of those schools, West Cornforth Primary School, the school community has been delighted to say

“goodbye to the old and hello to the new!”

They have settled into their new school building, which is a fantastic success story in the hon. Member for City of Durham’s region. Bishop Barrington Academy said:

“There is a very positive feel about the direction we are moving in. We have a wonderful, new, multi-million pound building that we have exciting plans for…We believe strongly that our students deserve the very best and the facilities that we provide at Bishop Barrington are certainly world class.”

We are working hard to improve how we deliver and how we innovate where possible. We are at the forefront, using modern methods of construction to deliver school buildings and investing in the industry to support innovation, and we are increasing our adaptation of standardised designs, moving towards a platform approach of construction and off-site manufacturing.

[Mike Amesbury]

I am unashamedly going to make a plea for another northern school—County High School in Leftwich, which the Minister might be familiar with. It is desperate, like a lot of schools, for community sports facilities, working in partnership with us. Beyond today, I would like to meet the Minister about that project, to help move things forward.

[Michelle Donelan]

As the hon. Member knows, I attended the school in question, although I have not been back for many years. I will pass on the meeting request, and I am sure that either the Minister for School Standards or the Minister for the School System would be delighted to meet him to discuss the specifics of that school.

As I have said, we are committed to delivering net carbon in operations solutions for the new buildings covered by the Department for Education—a point raised by various Members, including the hon. Member for City of Durham. Every new school built will have a low energy use, better performance and environments with natural ventilation. They will be resilient to longer-term climate change and will improve the landscape and outdoor facilities. Key components of our strategy include increasing insulation, better air tightness, green roofs and energy-generating solar panels, flood-resistant drainage systems and low carbon emissions, all of which will help tackle the numerous problems referenced today.

We moved at pace to prioritise the first projects—the first 100 in the last year—so that we could begin to tackle some of the poorest conditions on the school estate in this country. The first 100 selected for the school rebuilding programme were prioritised either because they have buildings of specific construction types that require replacement or because they have buildings with the highest condition needs. We will, of course, subsequently publish the full nomination at the end of the process, as well as the methodology for prioritisation, which was a point raised by the hon. Member for Portsmouth South (Stephen Morgan).

Two schools in County Durham have been selected for the new programme: Sugar Hill Primary School and Woodham Academy. Work is ongoing to complete the feasibility study on both projects, with construction expected to start early next year. The Department is committed to running a fair and transparent process—a point made by a few hon. Members—for prioritising projects for the school rebuilding programme. As I have said, we will publish the prioritisation of the two rounds in due course.

The school estate in the constituency of my hon. Friend the Member for Darlington has received substantial investment. As he said, that is levelling up in action and is helping the next generation. I listened to and understood his points about Beaumont Hill Academy taking on an individual building. He is an assiduous campaigner and has raised the issue with previous Ministers responsible for the school estate. I am confident that the Ministers for the School System and for School Standards will be happy to meet him to discuss that in detail.

The constituency of the hon. Member for York Central has received substantial investment—more than £1.5 million—for condition allocations. We will announce shortly the schools that have passed the bar in the nomination process, so I ask her to be patient in waiting to see whether her schools are on the list. I am sure that other Ministers in the Department will be happy to speak to her, although at this stage they will be limited in what they can say.

My hon. Friend the Member for Bury North (James Daly) is another keen campaigner for the schools that he represents, particularly his high school, which sounds extremely impressive. I am sure that he will have a visit from a Minister shortly, if he has not already had one. I heard the concerns he raised and will pass on his excellent representations to my ministerial colleagues.

As I have said, the first 100 schools were prioritised using the data available to the Department. That was to ensure that the programme commenced swiftly and that the work could begin as soon as possible on the first projects, ensuring safe buildings for our children. That minimised the burden on the sector.

[Carla Lockhart (Upper Bann) (DUP)]

I know that education is a devolved issue, but will the Minister join me in commending and congratulating the DUP Education Minister in Northern Ireland, Michelle McIlveen, on her announcement yesterday of £749 million of capital investment for more than 20 schools? Portadown College and Killicomaine Junior High School in my constituency are on that list.

The Minister will know the importance of schools being very much in the heart of their communities. A school in my constituency faces imminent closure, much to the despair of the community. I oppose the closure. If there is any learning here in GB on schools being right in the heart of their community, will she share it with me, and will she also ensure that the Lurgan campus of the senior high school does not close?

[Michelle Donelan]

Obviously, I cannot comment on specific schools and, as the hon. Member points out, education is, of course, devolved. Nevertheless, I absolutely praise any educational investment and specifically investment in schools. I agree with her about the power of education and a good school, and I am sure that the Minister for School Standards would be only too happy to meet her to discuss exactly what we are doing here in England, to see whether there are any learnings that will help her.

Last year, we consulted on the approach to prioritise the remaining places in the programme, so that we could take account of the views of the sector in developing a longer-term approach to prioritisation. We wanted that approach to be fair, robust and capable of being consistent with comparisons between schools, while as far as possible minimising the burden on the school sector.

The public consultation started in July 2021 and ended in October 2021, and it took place alongside a number of consultative events. The consultation sought views on the objectives of the programme, the factors that should inform prioritisation, and the process and evidence of the data to be used. As part of that, we were keen to test how additional evidence of need could be gathered and assessed, and we recognised that data collected by the condition data collection does not provide a complete view of the condition needed within a school. For example, as it is a visual survey, it cannot be used to identify any structural weaknesses.

We received 205 responses in total from a wide range of stakeholders, including large representative bodies, as well as feedback from our online engagement events. I thank all Members and their constituents for contributing to the consultation. The primary goal of the consultation was, of course, to seek views on how we can effectively prioritise the funding available and, obviously, please all hon. Members in this House. We asked questions about the objectives of the programme, the school characteristics that we would consider to inform prioritisation, the delivery of the programme and the impact on individuals with protected characteristics.

The Department held a number of sessions with different stakeholders, and the consultation put forward three broad approaches to prioritising schools for the future programme. The majority of respondents—60%—put the lead approach as their first choice for prioritising school funding. This involved a light-touch nomination process, whereby responsible bodies can request that we consider a school’s condition data collection, alongside the ability to submit supplementary professional evidence of severe need that was not captured in that data. We have now implemented that approach.

We also consulted on how we would compare different schools that need to be rebuilt. This includes asking whether respondents agreed that we should prioritise schools based on severity of need, rather than simply on volume of need across the site. This is the approach that we took in the first two rounds of the programme, and it has the benefit of ensuring that the programme would not simply favour larger schools. We also plan to continue to prioritise schools with the higher intensity of need.

We have made our plans for future selection rounds based on experience of the first two rounds of the programme and the feedback from the consultation. Guidance for responsible bodies has been published on gov.uk, to support them to nominate schools for the programme and to provide additional evidence of severe condition, which is needed for the current round of specialist resource provision.

[Rachael Maskell]

I raised the issue of safeguarding in relation to All Saints School and the fact that there is public access to the grounds. How are such issues taken into account when considering the priorities?

[Michelle Donelan]

Of course, safeguarding is always fundamental when we consider school estate and schools in general. I am sure that the Minister for School Standards will meet the hon. Member as soon as possible within the next few weeks to discuss the particular issue of safeguarding. It is concerning that it has been raised in this House and it needs to be treated with sensitivity and urgency, so I will ensure that that happens.

[Catherine West]

Did the consultation give any weighting to schools that have been particularly generous in taking children in response to unexpected demand? There have, for example, been bulge classes. Therefore, given the sheer number of students, the impact of not having, for instance, good sports provision affects more children. Has any weighting been given to the fact that some schools are more generous than others? Some school governing boards say, “Yes, we’ll meet the challenge”, but others are a little more selfish and say, “No, we won’t,” with their school buildings experiencing less wear and tear as a result. The school fabric can end up looking very tired if there are an extra 30 children in every single year in a school of 1,600 children.

[Michelle Donelan]

We are trying to prioritise the state, standard and condition of the school, so that this is done purely on need. As the hon. Member pointed out, taking additional pupils will produce further wear and tear, deteriorating the school estate. That would show in the evidence of how that school is performing against the standard. I am confident that that would have been picked up, and it can be looked at in detail once the nomination process has been published.

We also set out the expectation that the programme is looking to select schools in very poor condition that need refurbishing, and we are ensuring the best investment for the limited number of places in the programme. Our plan is to allocate places in the programme based—we have laboured this point today—on the condition of the buildings. We will continue to monitor the cases brought to our attention throughout the prioritisation process. Where necessary, we will of course modify our approach to selecting schools, to ensure that the most urgent building needs are prioritised. We have also reserved the right to add schools to the programme in exceptional circumstances. I urge hon. Members to continue to communicate concerns to Ministers in the Department.

On 3 February, we published our response to the consultation, alongside opening the process for nomination to the programme. Later this year, we intend to select schools provisionally for up to 300 of the remaining places in the programme, reserving some places for the future. Local authorities, academy trusts and voluntary aided school bodies have been able to nominate schools that they consider appropriate for the programme, using the online portal. The nomination process is now closed, but professional evidence of severe need may be submitted until the end of the month.

Framwellgate School Durham, a secondary academy with the Excel Academy Partnership and referenced by the hon. Member for City of Durham, has continued to highlight the need for rebuilding. We will consider carefully the nominations made to the programme. Many schools will likely receive a visit from our technical teams over the coming months. I hope that the hon. Member appreciates that the process for selecting schools is ongoing, so, as I said, I cannot comment on the success of individual cases, but I hope that that reassures her that her school is certainly in the mix.

Schools selected will be informed that they have been provisionally allocated a place on the programme. Projects will enter the delivery stages over the coming years. We plan to publish the long list of nominations in due course.

Improving the condition of the school estate is a priority for the Government. As I have said, in addition to the rebuilding programme the Department provides annual capital funding to schools and to those responsible for school buildings to maintain and improve the condition of their schools, particularly given wear and tear. We have allocated £11.3 billion for that purpose since 2015.

We expect to allocate condition funding for the 2022-23 financial year this spring, to answer the hon. Member for Portsmouth South. The responsibility for identifying and addressing conditions concerns in schools lies with the relevant local authority, the academy trust or the voluntary aided school body. They may prioritise available resources and funding to keep schools open and safe, ensuring that day-to-day maintenance checks and minor repairs happen.

Local authorities, large multi-academy trusts and large voluntary aided bodies such as dioceses receive an annual school condition allocation to invest in their schools. In the 2021-22 financial year, Durham County Council was allocated more than £7 million in SCA funding—a substantial sum—and the council is responsible for prioritising the funding across all its maintained schools, to ensure that they remain safe and operational. Small academy trusts, small voluntary aided school bodies, and sixth forms and colleges are instead able to bid into the condition improvement fund. The outcome of that latest round should be published later in the spring.

Investing in our school building project is vital to delivering world-class education and training, so that pupils gain the invaluable knowledge, skills and qualifications that they need to succeed. That is exactly why the Government have committed to 500 places over 10 years in the school rebuilding programme, alongside significant annual investment in improving the condition of schools across England. The programme will support levelling up by addressing significant poor conditions across the estate, underpin high-quality education, grow jobs and drive greater efficiency in delivery.

I thank all hon. Members present today, including the hon. Member for City of Durham, who raised this important issue and secured the debate. As we all know, education can be transformative and is vital to our levelling-up agenda. The Government are committed to ensuring that the very bricks and mortar are there to help deliver and facilitate that education.