Oral Answers to Questions

Debate between Baroness Laing of Elderslie and Michelle Donelan

Wednesday 21st February 2024 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Secretary of State.

[The Secretary of State for Science, Innovation and Technology (Michelle Donelan)]

Thank you, Madam Deputy Speaker—[Interruption.]

[Madam Deputy Speaker]

Order. Let us keep it a bit quieter It is not fair that we cannot hear the Minister.

[Michelle Donelan]

We have just celebrated one year since my Department was created. In that time, we have pushed research and development funding to record levels. We have secured a bespoke deal on Horizon Europe. We have led the globe when it comes to AI safety, and we have passed the world-leading Online Safety Act 2023 and much more.

We have a plan to go even further. My Department continues to drive innovation, to create better jobs and to push economic growth. This month, we have set out our pro-innovation, pro-safety plans to regulate artificial intelligence, building on the success of the AI safety summit to cement Britain’s position as a global leader in safe and trustworthy AI. We are slashing red tape to free our researchers from pointless paperwork. We have a plan to go even further and become a science and technology superpower, and that plan is working.

Department for Education

Debate between Baroness Laing of Elderslie and Michelle Donelan

Wednesday 6th July 2022 Commons Chamber

[Michelle Donelan]

I certainly can give that reassurance. The evidence highlights the importance of those formative years, which is why we rolled out the family hubs programme and have listened carefully to the evidence. We also continue to invest in early education, with an additional £170 million by 2024-25 to increase the hourly funding rates.

My right hon. Friend the Member for Harlow (Robert Halfon) mentioned many things in his opening speech that I am particularly passionate about and that he will know I have mentioned before, including the pupil premium and breakfast clubs. He also referred to ghost children, and I want to address that in particular. Far from being ghosts, these children are, of course, flesh and blood, and they must be supported back into school so they, too, can go on and seize those opportunities and reach for the stars.

We are currently implementing a comprehensive attendance strategy to ensure no child is left behind and to tackle the root causes of non-attendance once and for all. We have established an alliance of national leaders from education, children and social care, and allied services to work together to raise school attendance and reduce persistent absence. Measures to establish a registration system for children who are not in school were included in the Schools Bill that was introduced in the other place on 11 May. I agree with my right hon. Friend about the importance of these measures and those that have previously been announced to ensure no child falls through the cracks. In fact, that will be the theme of my leadership of this Department: ensuring no child falls through the cracks in our education system.

The hon. Member for Twickenham (Munira Wilson) rightly raised the importance of covid recovery in education. Our core funding sits alongside a further targeted package of £2 billion over the spending review period. Together with existing ambitious plans, including for the delivery of up to 6 million tutoring courses and 500,000 training opportunities for teachers and staff, it takes to almost £5 billion the announced overall investment that is specifically dedicated to pupils’ recovery. Importantly, it will deliver an increase in funded learning hours to 40 hours for 16 to 19-year-olds—those with the least time left in education. It also includes an additional £1 billion of flexible funding directly to schools to support catch-up, so that those who know best about the education of their young people can decide how to utilise that money and support those pupils. The funding will extend the recovery premium for a further two academic years, with primary schools continuing to benefit from an additional £145 per eligible pupil, while the amount per eligible pupil in secondary schools is expected to be nearly double.

In conclusion, I am here today regardless of what is happening elsewhere in Westminster, because the people’s priorities remain the same and somebody has to deliver on them in education. I cannot, in all good faith, let down the millions of people who rely on the education system day in and day out, and I will not stop working for them. By making the UK a skills superpower, we are delivering an economy that works for all and provides opportunities for all. By upgrading and uplifting our schools, we are delivering a system that values the talents of every child, regardless of where they come from. By giving families the support they need to thrive, we are delivering a country we can all be proud of. I therefore commend the departmental estimates to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With the leave of the House, I call on the Chair of the Select Committee to finish the debate.

Point of Order

Debate between Baroness Laing of Elderslie and Michelle Donelan

Monday 13th June 2022 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the hon. Lady for giving me notice of her intention to raise this point of order. I can confirm that the Speaker’s Office has had no notice of a statement on that matter. I appreciate that it is a serious matter and I am sure that the hon. Lady will seek other means of raising it in the Chamber, and I am certain that if she were to seek the advice of the Clerks in the Table Office they would guide her on how best to do that. I am also confident that the Minister currently at the Dispatch Box, the Minister for Higher and Further Education, will have heard the point made by the hon. Lady—

[The Minister for Higher and Further Education (Michelle Donelan)]

indicated assent.

[Madam Deputy Speaker]

The Minister is nodding in assent and I am confident that she will convey the hon. Lady’s concerns, and the concerns of the House, to her colleagues who are responsible for this matter.

Bill Presented

Northern Ireland Protocol Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Elizabeth Truss, supported by the Prime Minister, Secretary Dominic Raab, Steve Barclay, the Chancellor of the Exchequer, Secretary Priti Patel, Secretary Sajid Javid, Secretary Kwasi Kwarteng, Secretary George Eustice, Secretary Brandon Lewis, Michael Ellis, and the Attorney General, presented a Bill to make provision about the effect in domestic law of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, about other domestic law in subject areas dealt with by the Protocol and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 12) with explanatory notes (Bill 12—EN).

Higher Education (Freedom of Speech) Bill

Debate between Baroness Laing of Elderslie and Michelle Donelan

Report stage
Monday 13th June 2022 Commons Chamber

[The Minister for Higher and Further Education (Michelle Donelan)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1— Duty to disclose overseas gifts and contracts affecting freedom of speech—

‘In section A3 of the Higher Education and Research Act 2017 (inserted by section 1), at end insert—

“(2) Whenever a registered higher education provider, or any of its members, employees, departments or associated bodies, enters into a disclosable arrangement with an overseas counterparty, its governing body shall, as one part of discharging the duty to promote the importance of freedom of speech and academic freedom in subsection (1), promptly report the required information about such arrangement to the OfS and the Secretary of State.

(3) By 30 April each year, the OfS shall publish on its website a searchable report which contains all required information which has been disclosed to it pursuant to subsection (2) above in the preceding year.

(4) If the governing body of a registered higher education reasonably believes that the publication of the identity of the overseas counterparty pursuant to subsection (3) or subsection (6) might present a risk of serious harm to any natural person, it may notify the OfS and will provide such information as the OfS may require to investigate such risk(s).

(5) If, following a report under subsection (4) above and such investigation as it considers appropriate in the circumstances, the OfS finds that the publication of the identity of the overseas counterparty pursuant to subsection (3) or subsection (6) might present a risk of serious harm to any natural person, then it may redact such information from its report.

(6) By 30 April 2023, the governing body of each registered higher education provider shall report to the OfS and the Secretary of State the required information of any disclosable arrangement which it, or any of its members, employees, departments or associated bodies, entered into during the ten years prior to this section coming into force, and the OfS shall publish such information on its website in a searchable report by 30 April 2024.

(7) If the registered higher education provider fails to comply with this duty, the OfS may enforce compliance in civil proceedings for an injunction.

(8) In this Part—

(a) “associated bodies” means any company, institution, trust, organisation or similar body or group in respect of which the relevant registered higher education provider has significant control or ultimate beneficial interest;

(b) “disclosable arrangement” means any formal or informal contract, gift or other arrangement by which a financial or other advantage is offered, promised or given to a registered higher education provider or any person or body mentioned in subsection (2) above, whether conditionally or unconditionally, which is equal to or exceeds £50,000 (or would equal or exceed such value in combination with other potentially disclosable arrangements entered into with the same overseas counterparty, or connected overseas counterparties, within the previous twelve months);

(c) “overseas counterparty” means—

(i) any natural person who holds citizenship of, or is domiciled in, any country or territory outside the United Kingdom (or any subdivision of such a country or territory);

(ii) any government, organisation, institution, company, foundation, legal person, trust, or similar body or group which is registered, incorporated, headquartered or carries out significant activities in any country or territory outside the United Kingdom (or any subdivision of such a country or territory) or in respect of which ultimate beneficial ownership or significant control resides in a person falling within subsection (c)(i) above; or

(iii) any person acting in any capacity for or on behalf of any person who would fall within subsection (c)(i) or (c)(ii) above if they were acting on their own account;

(d) “required information” means—

(i) the exact value of the relevant disclosable arrangement(s);

(ii) the identity of the overseas counterparty and the name of any relevant country or territory (and, if relevant, such information about the person(s) for whom they are acting or in whom ultimate beneficial ownership or significant control resides);

(iii) the date on which the relevant disclosable arrangement(s) was entered into;

(iv) details on the general purpose of the relevant disclosable arrangement(s); and

(v) any specific stipulations or obligations imposed on the registered higher education provider or any of its members, employees, departments or associated bodies (including, but not limited to, any changes to any curricula, governance or control of them).””

This new clause seeks to introduce transparency and public reporting of foreign donations to universities, in order to promote freedom of speech and academic freedom, and increase public confidence in universities.

New clause 3—Duties regarding language and cultural programmes—

In section A3 of the Higher Education and Research Act 2017 (inserted by section 1), at end insert—

‘(2) Whenever a registered higher education provider enters into partnership with an overseas organisation to deliver foreign language, culture or exchange programmes or courses, its governing body must, as one part of discharging the duty to promote the importance of freedom of speech and academic freedom in subsection (1), promptly report the required information about the partnership to the OfS and the Secretary of State.

(3) In response to the information received under subsection (2), and where there are concerns regarding the effect of the partnership on freedom of speech and academic freedom, the Secretary of State may issue a direction to the registered higher education provider.

(4) A direction under subsection (3) may be either to—

(a) terminate the partnership, or

(b) offer an equivalent range of programmes or courses delivered in partnership with an alternative organisation.

(5) In this Part, “required information” means—

(a) the financial value of the partnership;

(b) any specific stipulations or obligations imposed on the registered higher education provider or any of its members, employees, departments or associated bodies (including, but not limited to, any changes to curricula, governance or control of them).”

New clause 4—Appointment of the Director for Freedom of Speech and Academic Freedom—

‘(1) A person may not be appointed as the Director for Freedom of Speech and Academic Freedom (‘Director’) if the person has at any time within the last three years made a donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(2) The person appointed as the Director may not whilst in office make any donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.

(3) The appointment for the Director shall be made by an independent advisory panel to be established by regulations made by the Secretary of State.

(4) The appointment of the Director for Freedom of Speech and Academic Freedom shall be subject to a confirmatory resolution of the relevant Select Committee of the House of Commons.

(5) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.”

This new clause would ensure that the Director of Freedom of Speech and Academic Freedom has not and cannot whilst in office donate to a political party and ensure they are only appointed subject to confirmation of an independent advisory panel, the Select Committee of the House of Commons and a resolution of each House of Parliament.

New clause 5—Sunset clause—

‘(1) This Act expires at the end of the period of 3 years beginning with the day on which it is passed.

(2) A Minister of the Crown may by regulations made by statutory instrument remove any of the provisions of this Act after one year from the day on which it is passed if he is not satisfied that the provision is working as intended.

(3) Before three years from the day on which this Act is passed a Minister of the Crown must present to Parliament a written report on the effectiveness of the provisions of the Act.

(4) A Minister of the Crown may by regulations made by statutory instrument renew this Act, subject to parliamentary approval in full or in part, or make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

(5) Regulations under this section shall be subject to the affirmative procedure.”

This new clause would mean the legislation would have to be renewed by Parliament after a period of three years.

New clause 6—Academic staff: interpretation—

‘(1) Section 121 of the Higher Education and Research Act 2017 is amended as follows.

(2) After “Act—” insert—

“academic staff, for the purposes of any provision inserted by the Higher Education (Freedom of Speech) Act 2022, includes any academic staff (however engaged or employed), honorary, visiting and emeritus academic members of a provider and any other person held out as holding any academic position at the provider;””

New clause 7—Harassment—

In section 26 of the Equality Act 2010, after subsection (4)(c) insert—

“(d) when A is a student or a member of the academic staff of a registered higher education provider and the conduct took place in the context of a discussion in a higher education setting—

(i) the importance of freedom of speech and academic freedom, as provided for under Part A1 of the Higher Education and Research Act 2017 (as inserted by section 1 of the Higher Education (Freedom of Speech) Act 2022), and

(ii) whether A intended to harass B, or was reckless as to whether A’s conduct constituted harassment towards B.”

Amendment 21, in clause 1, page 2, line 2, at end insert—

“(3A) Any conduct that would otherwise constitute conduct having the effect of harassment in accordance with section 26(1) of the Equality Act 2010 shall, notwithstanding any provision to the contrary in that Act, constitute freedom of speech within the law for the purposes of subsection (2), provided that—

(a) the conduct constitutes, or forms part of, discussion of an academic or scientific matter in a higher education setting, and

(b) the person engaging in such conduct did not know or could reasonably not have known that it would have the effect of harassment.”

Amendment 19, in clause 1, page 2, line 6, at end insert—

“(4A) The objective in subsection (2) includes securing that no person listed in paragraphs (a) to (d) of subsection (2) is deprived of an ability to speak freely as a result of a non-disclosure agreement or confidentiality agreement between that person and the governing body of the registered higher education provider.

(4B) The provision in subsection (4A) does not prevent the use of a non-disclosure agreement in any case where the governing body and academic staff member agree that a non-disclosure agreement or confidentiality agreement is necessary for the protection of intellectual property.”

This amendment would ensure that non-disclosure agreements or confidentiality agreements between those listed on the Bill and a higher education providers does not inhibit the freedom of speech for those concerned, save where it is agreed to protect intellectual property.

Government amendment 1.

Amendment 17, in clause 1, page 2, line 14, at end insert—

“(c) to conduct research,

(d) to engage in intellectual inquiry and contribute to public debate,

(e) to criticise any institution,

(f) to be affiliated to any institution, and

(g) to be a member of a trade union body,”

This amendment would widen the definition of academic freedom.

Government amendments 2 and 3.

Amendment 20, in clause 1, page 2, line 32, after “views” insert “or to share experiences”.

This amendment is consequential on Amendment 19.

Government amendments 4 to 10.

Amendment 18, in clause 8, page 9, line 32, at end insert—

“(3A) In reaching a decision as to the extent to which a free speech complaint is justified, the OfS must be mindful of the following—

(a) the right of students to feel safe on university campuses, and

(b) other legal duties of governing bodies and students’ unions, such as but not limited to those under the Equality Act 2010 and section 26 of the Counter-Terrorism and Security Act 2015.”

This amendment would ensure other competing freedoms as found in the Equality Act and the Counter-Terrorism Act and Security Act 2015 are considered in relation to complaints lodged under the Free Speech Complaints Scheme

Government amendments 11 to 16.

[Michelle Donelan]

I thank all Members for their important contributions throughout the Bill’s consideration. More than two thirds of the world’s population live in countries where academic freedom is severely limited. For decades, people have travelled across the globe to study in the UK because we are one of the few nations in which free, fair and lawful speech at university is truly valued. It is no coincidence that the most academically free countries in the world are also the most socially progressive, the most democratic, the most peaceful and, of course, the most prosperous.

Free speech is as fundamental to what academics and students do on university campuses as it is to what we do in the House. However, as we saw on Second Reading, the Opposition chose to deny that there is a problem at all, despite overwhelming evidence to the contrary. In fact, since we last debated the Bill, the UK has become the only country in the top tier of academically free countries to be significantly downgraded by the academic freedom index. A report published by the Varieties of Democracy Institute determined that despite the UK’s status as a historic bastion of academic freedom and scientific excellence, not only is academic freedom in the UK declining but that decline appears to be accelerating.