Higher Education (Freedom of Speech) Bill

Debate between Caroline Johnson and Michelle Donelan

Report stage
Monday 13th June 2022 Commons Chamber

[Michelle Donelan]

The hon. Gentleman raises a few points. In new clause 2, “constituent institutions” mean colleges. It is right that we should not have a potential loophole in the Bill. When forming new clause 2, I worked very closely with the university sector, including the University of Cambridge, so I ask him, respectfully, to talk to it again.

A number of important issues were raised in Committee. Opposition Members expressed concerns that the Bill would protect hate speech on campus. I have been clear throughout the passage of the Bill and will make the point once again: the Bill is only about lawful free speech. Let me be clear that this cheap shot has no actual validity. It is the Opposition’s attempt to discredit the Bill. It is a strong signal that they are content for an intolerant minority to silence those they disagree with, content for academics to feel the need to self-censor, content for students to miss out on the ability to debate, to critique and to challenge, and, ultimately, content to stifle debate. The Bill does not override the existing duties under the Equality Act 2010 regarding harassment and unlawful discrimination, nor the public sector equality duty and the prevent duty. Nor does it give anyone the right to be invited to speak at a university.

There were also questions from Members on both sides of the House, including my hon. Friend the Member for Congleton (Fiona Bruce), on whether junior researchers and PhD students will be covered as academic staff. That was laid as an amendment by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes). To clarify, the Bill uses the term “staff” to broaden the existing reference to employees, as not all those who work for a higher education provider have an employment contract or employee status. I can confirm that it will include those on short-term, casual contracts and PhD students undertaking teaching.

I now turn to the Government amendments tabled in the name of my right hon. Friend the Secretary of State. New clause 2 and Government amendments 13 and 14 will impose a duty on the Office for Students to monitor the overseas funding of registered higher education providers and their constituent institutions, so as to enable it to assess the risk from such funding on freedom of speech and academic freedom. The duty will include a requirement to consider this in the context of a finding of a breach of new section A1 in clause 1. Higher education providers will be required to supply to the OfS information about overseas funding from certain individuals and organisations, with the details to be set out in regulations. The funding will cover not only the income that providers receive, but that of their constituent institutions, their members and their staff in their capacity as such. Similar provision will also apply to student unions. The OfS must include a summary of the information in its annual report, along with relevant patterns of concern.

Our amendments are proportionate, but we must ensure that our higher education system remains world leading, safeguarding an environment in which freedom of speech and academic freedom can thrive.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The Secretary of State was escorted off the premises by security following his attendance to give a speech at one of our leading universities, after he was hassled. That was shameful behaviour, but that level of security is not available to everyone at all times. We need not just legislative change but a culture change, so that we accept that everyone with a different view is not a bad person and that there is not necessarily a right or wrong answer. What wider work are the Government are doing to instil that in younger children before they get to university?

[Michelle Donelan]

My hon. Friend is right. We need a cultural change, and legislation of this nature can spur such change. In our schools, we also need an environment of openness and frankness, and to grow that throughout the education system. I know that my colleagues in the Department are looking at this and will provide further guidance to support teachers shortly.

I know and understand the concerns raised by hon. Members, including my right hon. Friends the Members for Hereford and South Herefordshire (Jesse Norman) and for Chingford and Woodford Green (Sir Iain Duncan Smith), and my hon. Friend the Member for Rutland and Melton (Alicia Kearns), which is why the Government are acting on new clause 3. I can confirm explicitly that the Government amendment will include educational partnerships, including Confucius institutes, and that the OfS will be able to impose a wide range of proportionate remedies as specific conditions of registration. That could include requiring a provider to make available alternative provision, or even to terminate a partnership if necessary to protect free speech. We will ask the OfS and its new director to make it clear that those are possible remedies in the guidance that will be published.

We of course continue to welcome foreign investment and donations to higher education as a key part of supporting innovation and development, but the amendments will increase the transparency of overseas income by requiring granular data to be reported to the OfS. Our intention is to proscribe countries for the purpose of the amendment by mirroring the countries listed in the academic technology approval scheme, which will exclude countries such as our NATO and EU allies, as well as countries such as Japan. We also intend to set a threshold of £75,000 in regulations. Hon. Members should be assured that in each case the ability to make provision by way of regulations will allow us the flexibility to amend as appropriate.