Higher Education (Freedom of Speech) Bill

Beth Winter Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Beth Winter (Cynon Valley) (Lab) [V]]

As someone who has spent a large part of their adult life either studying or working in academia, including as an officer of the University and College Union in Wales, I am deeply disturbed by the content of the Bill. My experience in the sector has demonstrated without a doubt that universities host some of the most vibrant and intellectually challenging discussions in the country. It is simply untrue that they shut down or stifle debate. The measures in the Bill are excessive and unnecessary, taking a sledgehammer to crack a nut.

The Government’s assertion to justify the Bill—that there is a crisis of free speech and academic freedom resulting in “cancel culture”—is completely baseless, and as the Joint Committee on Human Rights recently found in its inquiry on free speech at UK universities, it is not evidenced-based. The Office for Students’ own research shows that only 0.1% of requests for external speaker events by students at English universities in 2017-18 were rejected. That action tends only to take place with the most extreme speakers—holocaust deniers, anti-vaxxers and others who hold often harmful views. I remind the Minister that universities have a duty of care to their students, including LGBTQ+, BAME and female students, and are often right to prioritise their wellbeing and their right to be free of intimidation over gifting inflammatory speakers a platform to air their views.

There already exists a strong legal framework, which imposes duties on higher education providers to ensure freedom of speech and expression in higher education. There is genuine and understandable concern that the Bill may undermine existing protections against discrimination. I would welcome clarification from the Minister on a matter raised by Universities UK regarding how the Bill will interact with existing legislation and other duties relating to free speech and academic freedom. In fact, the Bill narrows the definition of academic freedom to speak out on social or political issues, enabling someone to do so only when it is

“within the law and within their field of expertise”.

I fully support the UCU’s call for the phrase

“and within their field of expertise”

to be removed from the Bill.

I also share the concerns of the UCU and Universities UK about the statutory tort element of the Bill, which enables individuals to sue a university or student union when they believe it has failed to protect free speech. That provision is ill thought-out and should be removed.

The Bill is extremely divisive, harmful and dangerous in and of itself, but crucially it also exposes the Government’s flawed priorities. In other words, it is a very convenient distraction from the real issues facing the higher education sector: the marketisation of the sector; endemic precarious and casualised employment; attacks on the arts and humanities; insecurity of research funding, and a failure to protect staff’s right to speak out against employers. Those are the kinds of issues that this Government should be addressing if they are serious about protecting academic freedom and freedom of speech.

How could a newly appointed academic researcher on a short-term contract feel confident about speaking out in a critical but constructive manner on any issue, including an employment situation, where there is no employment protection available to them? Two thirds of researchers and almost half of teaching-only academics are on fixed-term contracts. University staff ranked casualisation as the biggest threat to their academic freedom in a survey carried out by the UCU. That instability strips many of their job security, has a devastating effect on staff morale and wellbeing, and distracts from and negatively impacts on their core functions of teaching and research.

That is forcing thousands of staff in higher education across the UK—including in London, Liverpool and Essex—who are facing the very real prospect of redundancy to take action to save their jobs and challenge the Government’s inaction and failure to recognise the very real problems facing the sector. That is why I welcomed and fully supported the reasoned amendment tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell), which wholly opposed this ill-considered piece of legislation.

In the short term, the Government need to step in to underwrite the sector as we emerge from the covid-19 pandemic. However, in the long run, the UK Government must properly fund universities, end the marketisation of higher education and provide staff with secure employment, all of which would support their freedom of speech and intellectual independence.