Higher Education (Freedom of Speech) Bill

Baroness Garden of Frognal Excerpts

Committee stage
Wednesday 2nd November 2022 Grand Committee

Moved by

[Baroness Garden of Frognal]

47: Clause 3, leave out Clause 3 and insert the following new Clause—
“Duties of students’ unions
(1) Section 22 of the Education Act 1994 is amended as follows.(2) In subsection (1), at end insert “and secures freedom of speech within the law for members of the students’ union, students of the provider, staff of the students’ union, staff and members of the provider and of its constituent institutions, and visiting speakers.”(3) In subsection (2), at end insert—“(o) the use of any premises occupied by the students’ union is not denied to any individual or body on grounds in relation to an individual or society or other body’s ideas, beliefs or views;(p) the terms on which such premises are provided are not to any extent based on such grounds;(q) affiliation to the students’ union is not denied to any student society on such grounds; (r) use by any individual or body of premises occupied by the students’ union is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.”(4) After subsection (3) insert—“(3A) The code of practice shall set out—(a) the students’ union’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech;(b) the procedures to be followed by its staff and its members who are students of the registered higher education provider in connection with the organisation of—(i) meetings which are to be held on the premises occupied by the students’ union and which fall within any class of meeting specified in the code, and(ii) other activities which are to take place on those premises and which fall within any class of activity so specified;(c) the conduct required of such persons in connection with any such meeting or activity; and(d) the criteria to be used by the students’ union in making decisions about the union’s support and funding for events and activities to which the duties in this section are relevant, and whether to allow the use of premises and on what terms.””Member’s explanatory statement
This amendment suggests an alternative method for placing duties on students' unions by amending the Education Act 1994, and along with the proposed removal of clause 7 seeks to probe whether the OfS should directly regulate SUs or whether they should be regulated via the relevant provider.

[Baroness Garden of Frognal (LD)]

My Lords, I will also speak to the Clause 7 stand part notice in my name and that of my noble friend Lord Wallace, who is absent. I note with interest that the noble Baroness, Lady Fox, referred earlier to the HEPI report on students, which made interesting but fairly depressing reading—particularly with regard to students these days being very reluctant to discuss anything with which they disagree.

These amendments are at the requests of students and student unions, which are very concerned that provisions in this Bill could involve them in costly, time-consuming administration and litigation. Our revised Clause 3 aims to provide clarity on the responsibilities for freedom of speech in a more student-friendly manner. We were also alerted to the problems of geography. Many higher education providers have operations overseas. Does free speech “within the law” mean the law at home or away? There are many Welsh and Scottish higher education providers that have campuses in England as well. Will these duties apply to all of them?

We note that student unions are not public authorities and so are not subject to regulation in the same way. Many of them may be tiny theatre providers; they may be further education providers with a handful of higher education students. Their governing bodies may be a small group of 17 year-old students. Are the provisions in Clause 3 really appropriate for such unions?

If Clause 3 is bad, Clause 7 is even worse. We read in that clause that an individual would be able to refer their complaint to the Office for Students complaints scheme at the same time as pursuing it through a provider or the student union’s internal procedures, which would surely be the appropriate way. It could also be addressed by the Office of the Independent Adjudicator for Higher Education, or a court or tribunal. How confusing and cumbersome this is. Surely such complaints should not be escalated; rather, they should be dealt with at the lowest possible level. Currently, the adjudicator considers students’ complaints only once the local process has been completed. For the Office for Students to rush in with a monetary penalty would surely be untimely and disproportionate. We really feel that this is not a reasonable use of the Office for Students’ powers.

At a later date, we shall come on to discuss the director of freedom of speech and academic freedom. It is not at all clear how that post will fit in with all these other complaints processes.

As I say, these amendments have been tabled at the request of students and student unions. On that basis, I beg to move.

[Lord Triesman (Lab)]

My Lords, this is probably the only appropriate place to raise this point. There was a debate earlier in which my friend, the noble Lord, Lord Smith of Finsbury—he may be on the Cross Benches but he is steadfastly a friend—and the noble Baronesses, Lady Fox and Lady Smith of Newnham, took part, about what the core functions of a university are and what its DNA is. I do not resile from what I said about the role of a university in the development of knowledge and the challenge to knowledge, but I would not for a moment suggest that that is the only function.

I come to the other thing that I think universities are fundamentally there for, because the students and student unions are so central to it. Universities are also the place where we see the transmission of knowledge between generations. They are the place in which we try to instil in students the methods best suited to elaborate knowledge and to challenge all spheres of knowledge, and to do so in a way that reflects the fact that it is a community. Those are also fundamental obligations of a university, and it would be very foolish if we were to neglect them.

The strength of the very word “collegiality” is that it means we believe that, in a collegial environment, people should not suppress the views of others, silence others or interfere with their individual rights. Apart from overcoming those negatives, it also cements together a community that has, if I may put it this way, a mutual obligation to proceed with respect. In my view, that is quite central to the DNA of a university.

I make these points because those frequently relatively young people—although it is a much more diverse age group now—are central to what we think about when we think about what universities do and how they should do it. Indeed, we have embodied in other legislation measures to deal with the quality of teaching to ensure that this part of what universities do is at the best standard that can be achieved, and we punish them by not letting them have gold stars or whatever if they fail to do it. Student unions are a part of that education provision, part of that community, and what we try to impose on them becomes extremely significant.

--- Later in debate ---

The Bill places clear, direct duties on student unions and gives the OfS a mechanism to regulate and enforce them. I hope noble Lords will agree that the Bill as currently drafted represents the best way of regulating student unions as regards freedom of speech.

[Baroness Garden of Frognal (LD)]

I thank the Minister very much for his reply and all those who have spoken in this short debate. There are more issues that we might need to bring back on Report, but meanwhile I beg leave to withdraw my amendment.

Amendment 47 withdrawn.