Higher Education Regulatory Approach

Baroness Anderson of Stoke-on-Trent Excerpts

Tuesday 21st January 2025 Lords Chamber

[Baroness Falkner of Margravine (CB)]

My Lords, I declare an interest as chair of the Equality and Human Rights Commission, which is the national human rights institution for Great Britain. Another interest is that we are an intervener on the proposed judicial review. It would not be wise for me to say much on the details of this Statement, but I put on record two things for the House. First, the Minister will know that the public sector equality duty is a fundamental part of the proposed litigation in this area, as well as the Government having a responsibility to have due regard to it. We are the regulator in that regard. I wrote to the Minister on 6 December, seeking an urgent meeting. The Statement says that a wide range of providers were consulted, but we were not, which is why I wrote to her. I also put on record—

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords—

[Baroness Falkner of Margravine (CB)]

Forgive me; I will address a point directly to the Minister. I am grateful that we are meeting next week, but we should have been consulted as part of that consultation. I say to the Government Whip that the clerks upstairs have told me that I need to declare these cumbersome interests every time I speak. I do not think it would be fair to the House for me not to declare them and make my points.

[Baroness Anderson of Stoke-on-Trent (Lab)]

I appreciate those clarifications, but I remind your Lordships’ House that this is questions on a Statement, not additional statements.

[Baroness Smith of Malvern (Lab)]

The noble Baroness probably identified the issue in her statement. The engagement of the EHRC in the legal case legitimately made it much more difficult for us to meet during the course of that process. However, as she identified, I have ensured that we can meet as soon as possible afterwards to discuss some of the substantive issues she raised.

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

[Baroness Anderson of Stoke-on-Trent (Lab)]

The Minister has to answer the question.

[Baroness Smith of Malvern (Lab)]

I am looking forward to coming to the noble Baroness, but I will answer this question first.

I thank my noble friend and strongly agree that there is an appropriate role for legislation, as we have identified, and an enormously important role for culture, serious thinking and engagement. That perhaps needs to be focused on as well, particularly by those in leadership positions in higher education such as my noble friend. On the decisions around where the focus for the OfS should be, I put on record my admiration for the work of Dr Arif Ahmed as director of free speech, who will remain in his position. He will be able to work with higher education on some of the positive ways in which institutions can respond through best practice and discussions around identifying where the balance lies in the issues my noble friend raises.

I reiterate that I will come back with the policy paper on some of the other questions my noble friend raises. I very much welcome the fact that universities have begun to take action on developing the codes of practice and on putting in place the academic bodies and committees that will consider some of these very difficult issues around challenges to academic freedom. On the point from the noble Baroness, Lady Barran, about what people should be doing, they should be continuing in a spirit of engagement with those areas of the legislation that we have been clear we are going to commence, and continuing the important work that has started.