Higher Education (Freedom of Speech) Bill (Seventh sitting)

Emma Hardy Excerpts

Thursday 16th September 2021 Public Bill Committees

[Sir John Hayes]

I will take that as a helpful remark in support of my amendment, for reasons that I will explain in a second. I have spent a great deal of time with the right hon. Gentleman in discourse of all kinds. In fact, I sometimes think that I spend more time with him than I do with my family, given the Committees that we serve on together, and the onerous nature of the business. We both take that seriously, and we feel that it is a worthwhile thing to do. I always listen to him carefully, because he is a former Minister and a distinguished Member of this House. The point that he is making is that, in order to gauge and to respond to the real extent, we need information. My amendment provides the mechanism by which that information can be brought forward.

In my amendment, I argue simply that universities should provide evidence quarterly, at least, of how they are coping with and responding to the legal demands that the Bill, which I presume will become an Act, enshrines. This is about really getting to the root of the problem and the root of the solutions to the problem.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I understand the motivation behind the amendment. However, resources are not endless. The Office for Students has many other duties and responsibilities. This amendment gives preference and priority to quarterly reporting on this issue above all others.

The OfS’s remit is incredibly wide: it is meant to ensure that students have a high-quality education. In terms of the past year, and the number of online lessons that students have had and the difficulties with the quality of their education, this amendment would have meant the Office for Students devoting more time to looking at freedom of speech than at those other issues. On the question of resourcing, is this amendment practical?

[Sir John Hayes]

Of course, in the amendment I do not specify the character of the report. I assume it will not be a thesis. I am not expecting disproportionate resource to be allocated to the provision of this quarterly report. In my mind, it would be a summary of the steps that had been taken to meet the positive duties. Frankly, I would not have thought that that was a very bureaucratic exercise, if the universities are doing the job.

The hon. Lady is right that it would be onerous if they were not doing the job and were struggling to comprehend or respond to those duties, because they would presumably be having to find explanations to legitimise why they had not done what they ought to have done. If they are doing the job as the Bill instructs them, a short summary to explain that would not be difficult to deliver.

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[Emma Hardy]

I thank the right hon. Gentleman for being generous and allowing me to come back. The point is not just that it is onerous and that it involves quarterly reporting, but that it is a question of priority and statement. Under the amendment, the OfS would be saying, “We will give priority to looking at the Bill above all our other duties, because we will have to have quarterly reports,” as opposed to the annual reports they have for most other duties. After the difficult year that students have had, saying that this should be given to the Office for Students every quarter as their main priority is not the message that the Office for Students should be sending to their students.

[Sir John Hayes]

With respect to the hon. Lady, the amendment is very simple, as she will see detailed in the papers before us. It simply adds to clause 1, line 36, a requirement that the governing body

“present to the OfS, at least once a quarter, a report detailing the steps their organisation has undertaken to fulfil its positive duties under subsection (2).”It does not say that all else in the university must be brought to a halt, or that this is the overweening or overwhelming priority of the university.

Universities have many statutory duties, as other bodies do. It is not uncommon for legislation to require bodies to report on their statutory obligations, so this is not in any way unprecedented or irregular. I agree with the hon. Lady that universities will have many priorities, and some of those will be fundamental to their purpose.

Good teaching and learning and good-quality research are at the very heart of the business of the university, but we have said repeatedly in this Committee, and it has been emphasised by Members across the Committee, that free speech, the free exchange of ideas and the formulation of innovative thinking are central—critical—to good higher education. If we think it is vital, and the Government must do, or they would not have brought the Bill forward in the first place, and if we think there is a problem, which again the Government must do, or else there would be no need for further requirements of this kind, then why on earth would we not want to hear from the frontline—in the spirit of the intervention made by the right hon. Member for North Durham—what the university was doing, which would, by its nature, reveal the character and extent of the problems we have discussed?

The spirit that has emerged across the Committee—the point was well made by the right hon. Member for Hayes and Harlington—is that we are trying to make this legislation as effective as it can be. That must involve communication between universities and the new body that is being established to ensure that the legislation has its effect. My amendment quite simply does that. I do not think it is in any way unhelpful to the Government’s intention. I do not think that any university that is ready and willing to do its job will resent it. I do not think that it necessarily involves great bureaucracy, although I take the point of the hon. Member for Kingston upon Hull West and Hessle that if it were to, we would need to review that. If a university said, “We cannot do this, because we have produced 10 pages, but the person who fulfils the new role wants a thesis or a book,” it would clearly have to be looked again. However, I am thinking a summary describing what the university is doing to meet its positive duties, as the amendment suggests.

I cannot see a reason in the world why, when the Minister rises to respond, no doubt preceded by the Opposition spokesman giving the amendment a warm welcome, she would not—I do not want to put words in her mouth, particularly given her new, elevated status—say, “John, we should have thought of this ourselves.” When she does, needless to say, I will immediately say it was simply a probing amendment intended to be helpful and supportive. In that spirit, I will leave further discussion to wiser heads than mine.

[Mr Jones]

I add my congratulations to the Minister on her promotion, although she tells me she does not receive any more remuneration for her extra work. We should possibly be arguing that she should join a trade union to argue for more, but I wish her well in her new role.

I look back nostalgically to a day when I knew where the Conservative party stood. It was the party of deregulation and cutting red tape, and at any Conservative party conference, attacking the monster of red tape that was strangling business and our public institutions would get a huge cheer. I find the world we live in today rather confusing because we have a Government who, in this Bill, seem to be intervening very clearly in universities and bringing in more regulation. The amendment from the right hon. Member for South Holland and The Deepings adds more burdensome red tape for our academic institutions. It makes me wonder where the planets are aligning in the modern Conservative party, because the amendment would be onerous for academic institutions.

The problem is that this is a one-size-fits-all approach for all academic institutions, but we know they range hugely, from large universities to some very small further education colleges, whose capacity to take on this burden even annually would be limited, let alone quarterly. The party that used to pride itself on setting organisations free seems to want to restrain them, which is strange.

[Emma Hardy]

I am so pleased my right hon. Friend mentioned that, because when we think about higher education institutions we tend to think about those in the Russell Group such as Oxford or Cambridge, and not Hull College’s further education department, which has only a few hundred students and yet would be bound by everything in the Bill.

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[Matt Western]

I agree entirely with my right hon. Friend. I am just not sure where this reporting will end. Will we end up with universities having to report about whether people are tweeting from a particular political persuasion, or the political leanings and make-up of those on the governing board, and so on? I think that is an alarming direction to be going in.

[Emma Hardy]

As we recall, the previous Secretary of State for Education wrote two letters to the OfS. In both those letters, he demanded that it reduce the amount of regulation given to universities, so I am not sure how the amendment stands with the directions of the now previous Secretary of State.

[Matt Western]

My hon. Friend is right, and her experience is appreciated and valued. I think we have a problem, in that the OfS is a bit of a misnomer. I am not entirely sure that its interests are aimed at students, or whether its responsibilities are more towards the institutions or, increasingly, about being an office for Government, as opposed to an Office for Students.

Do we have reporting on the number of incidents of violence against women? Do we have reporting data on mental health incidents and issues? There are so many important and pressing issues among our student communities across the country, but those are not being listened to by the OfS. I would have thought that, given it is a few years since its inception and it has a new chair, surely those are the sorts of issues that its chair would want to get into—to understand what is of concern to the student body, as opposed to what is of concern to the Government.

With the idea of having the report—we have debated what it might look like—I think back to the days of my previous role in business and, in a subsidiary organisation, of the reporting that would go to head office. How should it look, or was it just something we knew would just sit on a shelf and never really get looked at? It helped those in head office that they had those reports.

The crucial thing, I would say, is that with any move by the OfS, it has to look at systems of standardising the data that comes in on the areas that I have been discussing—mental health, violence against women, accommodation and so on—before it starts to introduce the burdens. As was said in the Government’s own impact assessment, the costs will already be something like £48 million over 10 years—the burden of this legislation, even before we get into quarterly submissions as well. At a time when universities and higher education institutions are under huge pressure, that is an unnecessary additional request.

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[Matt Western]

I will address these amendments in turn. While I appreciate the three of them being grouped together, the essence of the amendments is about ensuring the retention of democracy within our institutions, whether that be among staff, students or the entire body. I thank my right hon. Friend the Member for Hayes and Harlington, who inputted the content of these amendments and is keen to speak to them.

It was interesting to hear from Danny Stone from the Antisemitism Policy Trust, who referenced the Manchester principles, which he worked hard on back in the day. Under those principles, an event was first advertised, in order to allow students to object if they thought it necessary. That is important. Amendments 75 and 76 echo the sentiment of the Manchester principles. We also heard in the evidence sessions from Professor Jonathan Grant from King’s College London about the work that KCL and other institutions have done. He said,

“What we did at King’s was work with our student union in developing a joint statement modelled on the Chicago principles and signed by both the president of the student union and the president of King’s College London. On the back of that, we developed a committee that reviewed all so-called high-risk events. That committee was made up of equal numbers of university staff, academics and professional staff, and students. It made recommendations to the senior vice-principal for operations and, potentially, to the principal. In my mind, creating a sort of co-production and co-creation process around managing those events was deeply beneficial because”,

as Professor Layzell had said,

“both sides started having conversations about the boundaries of what is and is not acceptable. Both groups then owned the process and the mitigations thereafter.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 123, Q268.]

The approach of KCL, University College London and many other institutions has been to establish these sorts of co-production and co-operative processes to ensure the rights to free speech are heard, but within an understanding and responsibility to the Equality Act 2010. That shows changes could have been put in place across the sector if the Government had consulted and engaged more openly with the sector, and looked at the likes of KCL, UCL and others to see best practice, what can be done, and what could be developed.

In response to the comments made by Professor Grant, Professor Layzell said that Universities UK would absolutely support that approach, and that what Professor Grant was saying was right. This can be achieved and it could have been achieved. That underlines the belief right across the sector that this legislation is unnecessary. Their process and these amendments seek to ensure the inclusion of all voices and all relevant parties interested in free speech on campus, and to achieve the cultural effect the Government are trying to achieve. We believe that, through a democratic process and through the engagement of all parties, that could have been, and could still be, achieved. As many have said, the legislation is a real sledgehammer to crack the proverbial nut.

I turn to amendment 74 on the countervailing right to peaceful protest by staff, students and other interested parties. We seem to be losing some sort of perspective on how important protest is. In the Police, Crime, Sentencing and Courts Bill, there is a move by the Government to suppress freedom of speech and people’s right to protest on whatever it may be, whether they be on the right, the left or anywhere in between. People have different views, and they should be allowed to express them. Protest is just one simple form of freedom of speech. I am sure, Sir Christopher, that you will appreciate that. Back in your days as a student, you would have wanted to exercise that right just as much as anyone else.

[Emma Hardy]

One of the contradictions that I find with the Bill is that it gives the right to freedom of speech anywhere at any time within a university; however, under the Government’s new Police, Crime, Sentencing and Courts Bill, they wish to ban protest in Parliament Square. It seems slightly muddled.

[Matt Western]

We could be slightly cynical. I would not personally suggest this, but some might suggest that it is about freedom of speech as long as your speech is the sort of speech that the Government want to hear, as opposed to a genuine desire to have freedom of speech. You have to look at the legislation in the context of not just the PCSC Bill but what is going on with our museums. Sir Charles Dunstone, who I thought was once upon a time a Conservative donor, has resigned from the Royal Museums Greenwich because of the interference coming from the Government.

That echoes the point made by my right hon. Friend the Member for North Durham that there is meddling, interference, and an authoritarian chill going on from No. 10. I do not necessarily believe that the Minister thinks or behaves like that, but an incredibly centralising force is coming through from the Government. Trevor Phillips, in his evidence, said:

“In common law there is a right to protest in this country. I would have gladly seen something in this legislation that referred to that, but the truth is that we do have that right.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, Tuesday 7 September 2021; c. 26, Q50.]

We have that right presently, but it is being challenged by the Government. We need to remind ourselves how important freedom of speech is, and how important protest is to it.

Professor Whittle, who I had heard of and read about, gave quite moving evidence. He said:

“I have organised protests outside events myself but that has never been to close down the conversation. It has been to express an alternative point of view—to say, ‘Here are many voices who disagree with the voice inside.’”

It is really important that wherever we may be coming from we have the opportunity to protest and to put across our point of view, exercising our freedom of speech. He added:

“My main concern about the Bill is that it will provide an additional chilling effect overall, not to speakers but to potential protesters. It will result in people who want to express an alternative viewpoint, who are not speakers and do not have that opportunity to participate in the event…having no way of expressing that without appearing to challenge somebody’s right to free speech.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, Tuesday 7 September 2021; c. 38, Q71.]

That was picked up by my hon. Friend the Member for Kingston upon Hull West and Hessle, who said to him:

“So you would want to see amendments to the Bill that gave students the right to continue to protest, and not therefore fall under the guidance of the Bill.”

He replied:

“Absolutely. Legitimate protest within universities is an absolute must.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, Tuesday 7 September 2021; c. 44, Q81.]

What would universities be without protest? What would they be without true free speech? Amendment 74 serves to provide that protection of protest—a physical manifestation of freedom of speech and academic freedom.

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[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My right hon. Friend reminds me that one of the first acts of the right hon. Member for Maidenhead (Mrs May) in 2010 when she became Home Secretary was to ban a march of the English Defence League in Bradford, not because she was a dangerous person undermining free speech, but because only nine years earlier, we had devastating race riots in Bradford that left a long scar on the community. I do not say that because I think there is a danger that the English Defence League will march through university campuses—although I do not rule it out. Because it was a public space, the Secretary of State had the ability in that instance to make a ruling that, even though what the English Defence League was marching about was legal in that it was not directly inciting hatred—many people say that it was doing so indirectly—there was a public order issue that she was concerned about. We need the ability in the code of practice for universities to look at that balance of ensuring public order and safety on their campuses.

[Emma Hardy]

I refer the Committee again to Sunder Katwala’s evidence. He said:

“I feel that an event at a student union, ‘No blacks in the England team—keep our team white,’ does not seem to be the kind of event that we want to protect, and yet that is lawful but reprehensible speech, which we want to stigmatise, even though it is free speech within the law.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 130, Q213.]

Unless we build some protection—some ability to consult—into the law, such events could take place. As our right hon. Friend the Member for Hayes and Harlington said, they would be likely to lead to confrontation.

[Lloyd Russell-Moyle]

I agree. I am sure that the Minister will point to clause 1 and proposed new section A2(2) of the Higher Education and Research Act 2017, which provides that universities must create a code of practice that considers the conduct required of people speaking at the university. She may say that that is sufficient, but given that the Bill provides for a code of practice, it is a perfect time to consider how it is drawn up. It is not the Opposition saying that there should be a code of practice or that there should be limits on how people behave in public meetings or even in academic practice; the Government have included the provision. The Government are saying that universities must have a system to determine and delineate.

However, we have heard that what management thinks is acceptable is often very different from what the academic community and students find acceptable. Management might be motivated by thinking about good PR and what looks good in their recruitment, whereas academics might consider what is important for academic rigour, creating new debate and so on. The amendments are important because they propose including students and staff in the discussion about and creation of the code, and therefore the voting to approve it. Without including them, there is a danger that the code of conduct will be written up and created by universities and do everything that some people do not want it to do.