Higher Education (Freedom of Speech) Bill

Baroness Laing of Elderslie Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

Second Reading

[Madam Deputy Speaker (Dame Eleanor Laing)]

I should report to the House that the reasoned amendment in the name of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) has been selected.

--- Later in debate ---

[Kate Green]

No, I would not like the Secretary of State to intervene again while I am still answering the question he asked me a moment ago. The problem with the Bill and clause 3, which creates a new route for individuals, is that it is more harmful in its effect. It opens up the possibility for vexatious litigants and their lawyers repeatedly to bypass internal complaints procedures, repeatedly to bypass the Office of the Independent Adjudicator route or the Office for Students route and go straight to the courts, undermining confidence in those procedures, undermining the funding of universities and student unions and causing confusion about the routes for redress that speakers should be able to take advantage of.

I am going to make a little bit of progress, because I know that many others want to come into the debate. The Bill before us tonight is wasting legislative time by repeating provisions already found in law to address a problem that has not been evidenced by the debate so far today. I recognise that the Joint Committee on Human Rights raised concerns that the current legislative framework was complex, but the Government’s plans seem only to complicate things further by duplicating legal duties and creating new legally actionable wrongs that would operate in parallel to university and student union processes. It seems impossible that the Bill will leave the position clearer than it is currently.

Let me be generous and assume for a moment that, despite the provisions that already exist in our laws, this Bill is needed, that in the face of the evidence we have heard so far there is a crisis of free speech on campuses and that the Bill will remedy the situation. Let us see if it succeeds on its own terms. It does not. It is a mess of duplication, poor definition and ill-thought-through provisions that will set back free speech. Let me start with an easy problem: the extent of the Bill. It applies to registered higher education providers and to student unions, and immediately we appear to hit a gap in coverage. Oxford and Cambridge colleges are not included in the register kept by the Office for Students. Does that mean that if a violation of free speech takes place in a building owned by, say, Balliol college, Oxford, instead of by the University of Oxford, it is not within the scope of the Bill? Or if it takes place in a pub in the city of Cambridge owned by the university, and someone is removed from the pub for offensive but legal speech, could they take legal action against the university?

Who are members of the university for the purposes of the Bill? MillionPlus, for example, has asked whether it would cover emeritus professors. Is it desirable to risk the Office for Students, a body whose board is appointed directly by politicians, effectively becoming a state censor of controversial topics? Why does the Secretary of State believe that clause 3 is needed? Why does he think that we need a route straight to court, bypassing university complaints procedures? If he does believe that a route to court is necessary, can he say whether there will be any limit on the damages that could be awarded? Does he not understand that, as Universities UK has warned, this risks giving a free pass to vexatious litigants and their lawyers?

Even if we thought the Bill were needed, it is poorly drafted and counterproductive. Today, we are debating a Bill that has been put forward in response to a problem that exists largely in the mind of the Secretary of State. Even if the problem did exist, the Bill would not be needed because its core provisions already exist in our laws, and even if new legislation were needed, the Bill creates more problems than it solves and is poorly drafted. In short, in every way that a Bill can fail, this Bill fails.

However, the real menace is what the Bill will achieve if the Conservative party is able to get it on to the statute book. It will enshrine legal protections for harmful and divisive speech. The kind of speech that we would not tolerate in this House would be protected in universities across the country. The Bill creates a new legal framework that allows for those responsible for such harmful speech to take legal action against universities, eating into the resources that ought to be educating our young people and supporting our world-class research programmes. The Bill is unnecessary and it is poorly drafted, but above all, it is deeply wrong and those of us on the Labour Benches will not support it. I commend our reasoned amendment to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

As the Chairman of the Education Committee, the right hon. Member for Harlow (Robert Halfon), is now unable to take part in the debate this evening, we will go directly by video link to Carol Monaghan. Just before the hon. Lady begins, I should tell the House that after her speech there will be an immediate time limit of eight minutes, and that that could soon be reduced to a much shorter time limit, depending on how many Members decide at the last minute not to speak, which is a phenomenon that we face quite often at present. That is why we will start with a generous time limit; it is up to Members how we progress after that.