Higher Education (Freedom of Speech) Bill

Debate between Alicia Kearns and Michelle Donelan

Report stage
Monday 13th June 2022 Commons Chamber

[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.

--- Later in debate ---

[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.