Universities: Freedom of Speech

Damian Hinds Excerpts

Thursday 10th October 2024 Commons Chamber

[Damian Hinds (East Hampshire) (Con)]

(Urgent Question): To ask the Secretary of State if she will make a statement on freedom of speech in universities.

[The Minister for School Standards (Catherine McKinnell)]

It was a Labour Government who enshrined in law the right to freedom of expression, and it is a Labour Government who will again uphold freedom of speech and academic freedom on our university campuses—not through creating a culture war, but through working with academics, students and campaigners to get the legislation right.

The Secretary of State wrote to colleagues and made a written statement on 24 July 2024 on her decision to pause further commencement of the Higher Education (Freedom of Speech) Act 2023 in order to consider options. We have heard concerns from minority groups and others that that Act and its implementation may have unintended consequences and result in disproportionate burdens for universities and student unions. Many are concerned that it could push providers to overlook the safety and wellbeing of minority groups over fears of sanction and costly action.

I want to provide the House with reassurance that this Government believe that higher education must be a space for robust discussion that exposes both students and academics to challenging ideas. The decision to pause the Act was made precisely because of the importance of getting this legislation right. The Secretary of State indicated in her written statement that she would confirm her long-term plans for the Act “as soon as possible”. Since then, officials and Ministers have engaged with a wide range of stakeholders on the future of the Act. This includes representatives of higher education providers and academics, including those from the Committee for Academic Freedom, Academics for Academic Freedom and the London Universities’ Council for Academic Freedom. Those officials and Ministers will continue to engage with stakeholders before any final decision is made.

[Mr Speaker]

I call the shadow Secretary of State.

[Damian Hinds]

This evening, a Member of this House was due to speak at an event at Cambridge University. That event will not go ahead as planned because of safety concerns. It is absolutely not for us to question operational decision making, but it absolutely is for us to question this Government about legislation and the effects—direct, indirect and chilling—of the decisions they have made since coming to office.

Last year, the Higher Education (Freedom of Speech) Act became law. In the end, having attracted cross-party support after extensive working with students and academics, it passed all its stages in Parliament and received Royal Assent. That Act is about protecting free speech on campus, including for visiting speakers, and it is about academic freedom to challenge conventional wisdom and put forward unpopular and controversial opinions. However, in July this year, the new Secretary of State decided—without any parliamentary debate—not to commence that Act.

The Minister speaks about a wide range of stakeholders. Some 600 academics, including seven Nobel prize laureates, have written to the Secretary of State in support of the legislation. Does the Secretary of State really think that those academics would support that legislation if it was, as the Government put it, a Tory hate charter? Will she now agree to meet those academics, and will she please now do the right thing and commence the legislation that Parliament has passed?

[Catherine McKinnell]

This Government are absolutely committed to freedom of speech. The Secretary of State paused the further implementation of the Act to consider options and ensure we get the legislation right, and she will confirm as soon as possible the plans for the Act and long-term plans for the continuation of freedom of speech in higher education. The higher education sector, minority groups, and unions representing staff on campus have raised concerns about the Act, believing it to be disproportionate, burdensome and damaging to the welfare of students, and fear that sanctions could result in minority groups’ concerns being overlooked. MPs and peers raised a whole range of these concerns during the Bill’s passage. By stepping back from the legislation to reflect on which of the measures introduced are needed, the Government are taking a pragmatic approach to ensuring that higher education remains a space for constructive dialogue and a home for diverse opinions. It should not be a battleground for ideological clashes.

We are considering the next steps. I take on board the shadow Secretary of State’s request for the Secretary of State to meet those he mentioned. She has held a range of meetings with all groups that have concerns and want a say in how this consideration continues. I am sure that she will have further meetings and I will pass on his specific request.