Economic Activity of Public Bodies (Overseas Matters) Bill

Baroness Falkner of Margravine Excerpts

Tuesday 7th May 2024 Lords Chamber

[Baroness Blackstone (Lab)]

My Lords, I would like to add my support to that already given to the amendment of the noble Lord, Lord Willetts.

I should declare a past interest, if not a present one. I worked for many years as an academic and led two higher education institutions, where I was very much involved in international collaborations. Indeed, as a Minister, I led the then Labour Government’s campaign, known as the Prime Minister’s initiative, to include a number of international collaborations and international students. To pick up on the last speaker’s questions, if this Bill were to damage that in any way, it would be extremely deleterious and affect the long-term reputation and quality of British higher education.

The main problem I have with this has been reflected in what others have said. This Bill creates a problem that does not exist. We should never legislate to create problems that do not exist; it is a crazy way of going about things. I was very much affected, as the noble Lord, Lord Johnson, was, by the excellent and powerful speech of the noble Lord, Lord Mann. This will not help Jewish students one iota. There are many things we should be doing to ensure the safety and freedom of Jewish students in our universities, but this is of no help whatsoever. The other point I will pick up on is that made by the noble Lord, Lord Willetts: this will not do anything to help community cohesion, either, which is of course extremely important.

On freedom of speech, which is at the centre of this, one of the things that defines universities—it is part of the nature of the academy—is that argument takes place. It is part of their lifeblood. Indeed, universities have a duty to promote freedom of speech and argument, and in that I would include argument about foreign policy. There is no single foreign policy, as I was trying to say earlier, if in not a very coherent way. Foreign policy is diverse, and changes. It is a reflection of world movements of all kinds, and of economic matters as well as political ones. The idea of a top-down foreign policy is, to me, utterly ludicrous.

Perhaps one of the worst things about this Bill is its gagging nature. To suggest that you cannot discuss and debate the issues that lie behind the Bill is horrendous. It is not what mature democracies do; it is what tyrannies do. I am sure the Minister is not in favour of tyranny— I know her well enough to be fully aware of that—but what she is doing this evening is presiding over something that is somewhat tyrannical.

Universities are not in the public sector. They are subject to regular ONS reviews regarding their status; there is one going on at the moment. The Bill is, in a sense, jumping over this review by suggesting that they are public bodies. The next thing that will happen is that a review of this sort will be effected by the Bill, and we will have universities in the public sector. That will be hugely damaging to their autonomy, which has been central to British universities since the war and, indeed, before. This would lead to all sort of practical disadvantages, such as the loss of autonomy, including in respect of borrowing and investment, which would become a matter for the Treasury. At one time, the Treasury ran the UGC, and that was not a terribly sensible approach. The Department for Education would be the body that decides what universities could do in this area. That would make it very difficult for them to access commercial borrowing. Is that what we want? Surely not.

As the noble Lord, Lord Johnson, said, it is extremely heavy-handed, overkill and, in any case, unnecessary. Can the Minister tell the Committee where the pressure has come from to introduce universities into the Bill? Is this from the imagination of Michael Gove, who invented the Bill? I cannot see it coming from anywhere else. Have the Government had any sensible consultation with UUK and other representatives of the higher education sector about whether universities should be in the Bill?

[Baroness Falkner of Margravine (CB)]

My Lords, I have not spoken previously on the Bill and apologise to the Committee that I could not be here at Second Reading, but I have listened to the debates through the last several weeks. I will make just three points.

First, to pick up directly the point about foreign policy from the noble Baroness, Lady Blackstone, United Kingdom universities are privileged among European countries to host some of the finest international relations departments in the world. The only international relations departments that perhaps rank as superior to those of some of our universities—including my alma mater, the London School of Economics—are those at the American universities. To say to your international relations scholars that they will suddenly have thought control through legislation, and will be unable to teach with the rigour of academic freedom that has made these departments as good as they are, would be astonishing. It would be beyond an own goal. Leaving aside the pertinent points made by noble Lords across the Chamber on the duties of the Office for Students—including the powerful points by the noble Lord, Lord Johnson—the idea that foreign policy should be subject to some kind of legislative parameters is extraordinary and will stop us producing the calibre of diplomats that we have been lucky to have over many decades.

Secondly, the noble Lord, Lord Willetts, talked about to what extent universities are public bodies. This is extraordinary. For at least the last 10 years, I have asked several questions in this Chamber about one or two aspects of the autonomy of universities, generally about student fees or the catastrophe that affected the universities superannuation pension scheme some years ago when the wrong calculations were made, which really disadvantaged junior academics. Every time, I was told from the Dispatch Box: “Universities are autonomous; we can’t possibly look into what’s happening to interest rates on student fees or the pension fund”. Suddenly, we now discover that they are more and more in the public sector, as the noble Lord, Lord Willetts, said.

I should have declared an interest—everybody knows it—as chair of the Equality and Human Rights Commission, but I am speaking in a personal capacity. The public sector equality duty of course applies to universities, but the Equality and Human Rights Commission is also a human rights commission and has to look to Article 10 rights. It has worked closely with the Office for Students on some of these areas since it was established. I wonder what consideration the Government have given in what they have been saying, as the noble Lord, Lord Willetts, powerfully said, about on the one hand wanting absolute freedom of expression while on the other, within months, seeking to curtail it. It will be very interesting to hear what the Minister has to say.

Before concluding, I congratulate the noble Lord, Lord Mann, on making such a powerful speech. He is absolutely right. The reports I get, when speaking to Jewish organisations about anti-Semitic incidents, are that individual students are now finding themselves friendless, when university life is meant to be the exact opposite of that. I share his despair in that regard.

[Lord Davies of Brixton (Lab)]

My Lords, I just want to ask the Minister a question relating to academic freedom. Paragraph 20 of the Explanatory Notes gives a quite qualified exposition of how academic freedom will not be affected by this scheme. It refers only to ending existing contracts and to a break because of the provisions under a particular statutory provision. It is a very narrow qualifying expression; we all hope that this Bill, were it to be passed, would not affect academic freedom.