Higher Education (Freedom of Speech) Bill

Carol Monaghan Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP) [V]]

Education and Scots law are devolved, so I will keep my comments brief; hopefully, that will help move things along this evening. However, the issue of free speech is also pertinent to Scotland.

Many concerns have been raised about academic freedom and the role universities play in championing free speech. This Bill is being presented in a worrying climate, where particular views or political positions can lead to calls to remove lecturers from their positions or students from their courses. Free speech within the law includes the right to say things that, though lawful, others may find upsetting, but it cannot be exercised in a way that causes harm to others.

The law prohibits speech that incites murder or violence, stirs up racial or sectarian hatred or is defamatory or malicious, but, as I said, it does not prohibit speech that others might find upsetting or offensive. There is always going to be a challenge in correctly balancing that, but in a democracy it is important that those who hold views that may differ from one’s own are allowed to voice them.

Healthy debate on challenging topics has long been an important component of university life, but recently that has come under threat. According to the recent Joint Committee on Human Rights report on freedom of speech in universities, student societies should not stop other student societies holding their meetings: the right to protest does not extend to stopping events entirely. I agree with the shadow Secretary of State that there have been very few incidents, but unfortunately there have been examples of events having been stopped and speakers prevented from speaking.

Every one of us will have made comments for which we find ourselves attacked rather than challenged. An environment that seeks to close down debate is unhealthy. It is important to understand and, when appropriate, to challenge difficult points of view. The move towards a cancel culture should cause any functioning democracy grave concerns. I am a teacher by profession, and in my former life I often presented students with difficult views and difficult positions so that they could research the topic, inform themselves and produce their own balanced argument. That is how we develop our own opinions—through hearing different things that are challenging and forming our own position on them.

Although there may be some good intent behind the Bill, it should be approached with caution. To be clear, this Government are curtailing academic freedom by ordering blog posts by academics to be removed. They have told English schools not to use materials from organisations promoting the end of capitalism. I am not convinced that this Government can ever be the champion of free speech; they seem to support free speech when it suits their purposes and oppose it when Conservative ideals are challenged.

More practically, there are concerns about how the Bill will operate. Under the Bill as it is, any lecture, seminar or guest speech could end in a law suit. The Bill is almost unique in the breadth of its provision. In a normal judicial review, if someone wishes to challenge a decision of the Government, they must have standing—in other words, they must be affected by the decision that they wish to challenge—but in this Bill there is no “standing” requirement: any person, business, campaign group or organisation can sue. There are concerns that particular groups, especially well-funded ones, may be able to sue universities in respect of speakers who are there simply to provide debate and a challenging argument for students.

There are also concerns about the ability of universities to balance the new requirements with other statutory obligations. According to the Russell Group, there is a risk that the duty to promote free speech might indirectly undermine universities’ efforts to comply fully with the public sector equality duty, which includes duties to eliminate unlawful discrimination, harassment and victimisation and to foster the participation in university life of affected groups.

While I recognise many of the issues being discussed here today, it is important that a proper balance is struck between freedom of speech and discrimination. While the SNP will participate in the debates on the Bill, it is important to say that this is a devolved issue, and we will be participating as and when we feel it is appropriate.