Budget Resolutions and Economic Situation

Debate between Emma Hardy and Michelle Donelan

Monday 20th March 2023 Commons Chamber

[Michelle Donelan]

The Chancellor, at the same time as delivering the Budget, published the Vallance review of the regulation of new and emerging technologies. That is all about how we can support the incubation of technologies, and how we should have a lighter touch to regulation in the first stages and then synergise with the rest of the world later on. I invite the hon. Member to read that very useful document.

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

Will the Secretary of State give way?

[Michelle Donelan]

I will make some progress, because I am getting nowhere and I have already been very generous.

We announced an extraordinary £2.5 billion in the Budget for quantum technology over the next decade. We did more than fund a crucial strand of scientific discovery; we laid the building blocks for a future where early diagnosis and prevention of these kinds of diseases gives us more time with the ones we love and cherish.

[Emma Hardy]

Before she proceeds, will the Secretary of State give way?

[Michelle Donelan]

Once.

[Emma Hardy]

I thank the Secretary of State for giving way. It really is welcome news that we are doing advanced research and using AI and technology. Will she look again at the rules for animal testing and the use of live animals in experimentation? Surely, as we develop our AI research and the technology side of research, we should be moving away from the barbaric and cruel use of animals.

[Michelle Donelan]

We are supporting and accelerating advances in biomedical science and technologies to reduce reliance on animals in research. I pledge to write to the hon. Member with further details on that rather than hold the House up any longer.

This is the power of innovation when we are bold enough to unleash it: we already rank second in the world to the US for the number of quantum companies. On top of that, the quantum technologies mission, which I announced a few weeks ago, dedicates £70 million in this spending review period to accelerate quantum technologies. Building on the success of the 10-year national quantum technologies programme from 2014, the new strategy sets out our vision and plan to further establish the UK as a world leader by 2033. We want these technologies out of the lab and into our lives, because we know what they mean to families and communities in every part of our country.

The same goes for the limitless possibilities before us in the world of artificial intelligence. My vision for an AI-enabled Britain is one where NHS heroes are able to save lives using AI technologies that were unimaginable a few decades ago. I want our police, our transport networks, our climate scientists and many more to be empowered by AI technologies that will make Britain the smartest, healthiest, safest and happiest place to live and work.

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

Debate between Emma Hardy and Michelle Donelan

Wednesday 22nd September 2021 Public Bill Committees

[Michelle Donelan]

As we have heard, new clause 3 would require the Secretary of State to invite a Select Committee of the House of Commons to review the effectiveness of the provisions of the Bill at least once a year, whereas new clause 6 would make the Bill subject to a sunset clause, so it would expire three years after the date of enactment unless a report is made to Parliament and regulations are made to renew the Act. It would also Ministers to remove provisions of the Bill one year after enactment if they are not working as intended.

On new clause 3, I can assure Members that the Department for Education will work with the sector to ensure that the measures are properly implemented, and we will review the legislation in the usual way with a post-implementation review. There are also provisions in the Bill as drafted that will help to measure its effectiveness once it comes into force.

Clause 4 provides that the Secretary of State may require the Office for Students to report on freedom of speech and academic freedom matters in its annual report or a special report. The report must be laid before Parliament, so that Parliament and the sector can scrutinise it. Equally, paragraph 12 of new schedule 6A to the 2017 Act and clause 7 of the Bill provide that the Secretary of State may request the OfS to conduct a review of the complaints scheme or its operation, and to report on the results. We therefore do not think it necessary to add yet more provision in the Bill to include a requirement for a Select Committee to conduct an annual review of the effectiveness of the Bill. It is worth noting that the current freedom of speech duties in section 43 of the Education (No. 2) Act 1986 do not have such a requirement, and nor does the Higher Education and Research Act 2017, which is being amended by the Bill, so there is no precedent in this context.

[Emma Hardy]

May we return to the issue of the Select Committee and whether it will have a pre-appointment hearing for the freedom of speech director? Will the Select Committee be able to call the director to give evidence and to have scrutiny, as it did with the leader of Ofsted, Amanda Spielman?

[Michelle Donelan]

A pre-appointment scrutiny hearing is the prerogative of the Government. The Government could decide that, but it does not need to be on the face of the Bill. As for whom the Select Committee calls, I fully anticipate that once the new director is in office, the Select Committee will want to speak directly to them.

Turning to new clause 6, we do not think it would be right or appropriate to set a sunset clause in the Bill. Equally, it would not be right to allow Ministers to remove provisions in the Bill by way of regulations only one year after Parliament had approved the Act, when there has not been enough time for the Act to bed in. A sunset clause for a whole Act would be extremely unusual and considered appropriate only in very particular circumstances. We see no reason why the Bill should be treated differently from the majority of other primary legislation.

The Government believe that the Bill is important and necessary. It must be allowed to take effect in the sector to deal with the issues, so that we no longer have cases of freedom of speech and academic freedom being wrongly restricted. If we do have instances of that, those affected must be able to seek redress. We must have a change of culture on our campuses and create a climate of accountability for decision making, to ensure that our universities are places where debate can thrive. I trust that the Committee will agree with me that these amendments are not necessary and the Bill should be allowed to do its work once it is enacted.

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

Debate between Emma Hardy and Michelle Donelan

Wednesday 22nd September 2021 Public Bill Committees

[Michelle Donelan]

Amendment 38 seeks to ensure that a complaint cannot be made to the new OfS complaints scheme if a complaint relating to the same subject matter is being or has been dealt with by the OIA. Proposed new schedule 6A to the Higher Education and Research Act 2017 enables the OfS to design the scheme. We expect it to provide that a free speech complaint is not to be referred to the OfS if a complaint relating to the same subject matter is being or has been dealt with under the student complaints scheme of the OfS. This is stated in sub-paragraph (2)(d) of paragraph 5 of schedule 6A to the Higher Education and Research Act 2017. I hope that reassures Members that this provision is already present in the Bill.

Amendment 39 seeks to set out on the face of the Bill that the OfS will have to consider the other legal duties placed on a higher education providers and student unions when making their decisions under the complaints scheme. Under clause 7, we fully expect the OfS to make a decision under the new complaints scheme as to whether an individual has suffered adverse consequences as a result of a breach of freedom of speech duties set out in proposed new sections A1 and A4 of the 2017 Act, as found in clauses 1 and 2 respectively. Those provisions are clear that the duty is to take “reasonably practicable” steps to secure freedom of speech.

The Bill does not say that the freedom of speech duties override other duties, and so it must be read consistently with other legislation. Let me be clear also that it would not be reasonably practicable for a provider or student union to act in a way that meant it was in breach of its other legal duties. Accordingly, when the OfS considers whether there has been a breach of freedom of speech duties, it will already have to consider all the circumstances, including other legal duties on the provider or the student union. I am grateful to be able to clarify this important point, and I hope that that reassures Members that the Bill does not override existing legal duties set out in the Equality Act 2010 or those under the Prevent duty.

Amendment 40 seeks to provide that when the OfS finds a complaint to be justified, it can issue guidance or a warning, not just a recommendation. Amendment 41 would require the OfS to take into account the seriousness of the complaint, as well as whether the provider or student union had repeatedly breached the freedom of speech duties. Paragraph 7(1) of proposed new schedule 6A to the Higher Education and Research Act 2017, as set out in clause 7, provides that the OfS “may make a recommendation” to a provider or student union where it considers a complaint to be wholly or partially justified. “Recommendation” is defined in paragraph 7(3) as a recommendation

“to do anything specified…or…to refrain from doing anything specified”,

and it may include a recommendation for the payment of compensation. To be clear, the OfS is not required to recommend the payment of compensation as part of its decision. However, where an individual has suffered adverse consequences as a result of the breach of these duties, it may be appropriate to do so.

In respect of the aims of amendment 40, the current drafting of the Bill gives the OfS sufficient flexibility to recommend to the provider or the student union that it should review its internal processes to ensure that they are fit for purpose, or that it should provide additional training to staff members. The OfS does not have to introduce penalties. A recommendation can cover any aspect that is relevant to the complaint, and in that sense it could be considered similar to providing guidance, or indeed a warning, on compliance with the freedom of speech duties in the future.

On amendment 41, as a matter of good decision making and the principles of public law, the OfS will need to take into account all relevant considerations when making decisions on complaints. This means that issues such as the seriousness of the complaint, and whether the provider or student union was repeatedly at fault, can be considered. The Bill provides for the OfS to set up the complaints scheme. The scheme must include certain provisions and may include others, as set out in the Bill. The OfS will be responsible for developing the finer detail of the scheme, and the Government expect that that will be done in thorough consultation with the sector and wider stakeholders.

[Emma Hardy]

I should have waited an extra moment, because I think the Minister just answered my question, which was about who else would be involved in the consultation. She mentioned wider stakeholders. Will she clarify whether that includes the National Union of Students?

[Michelle Donelan]

Absolutely; we would expect the OfS to consult the NUS, as well as additional student unions and student representative bodies, to ensure that it hears a comprehensive range of views when developing the guidance. That will ensure that the details of the scheme can be developed as appropriate, as it would not be appropriate for primary legislation to set out every aspect of the detail. That is similar to how the complaints scheme operated for the Office of the Independent Adjudicator for Higher Education when it was established. The structure of the complaints scheme was set out in the Higher Education Act 2004, but its details were developed subsequently. I hope that that reassures Members that the Bill as drafted ensures that justified freedom of speech complaints can be dealt with by the OfS in the way that is most appropriate to each individual case.

Amendment 42 would allow higher education providers and student unions to appeal against a decision of the OfS under the complaints scheme. Clause 7 provides that the OfS may make a recommendation where a freedom of speech complaint is found to be wholly or partially justified. That gives rise to recommendations that are not legally binding, although of course we expect providers and student unions to comply. That is in line with many other redress schemes, including the scheme operated by the Office of the Independent Adjudicator, against whose recommendations there is no right to appeal. I think there is a little bit of confusion about that in the Committee, but I hope that I have clarified that on the record. As the recommendations are not binding on a provider or an student union, it is not necessary for there to be a route of appeal, because they are not legally required to comply.

In a case of non-compliance, of course, the complainant would have the option of bringing proceedings before the court via the new statutory tort. In doing so, the decision of the OfS in its complaints scheme, including reasons for the decision, will be part of the evidence put before the court. The approach of the complaints scheme is “distinct from” where a legally binding sanction is imposed on a provider by the OfS as a result of a breach of one of its registration conditions.

[Emma Hardy]

I thank the Minister for that point about the OIA, but the OIA website states:

“A student or provider may ask us to consider reopening our review if they have new evidence that could not have been given to us earlier or think there is an error in the Complaint Outcome… Requests must be made within 28 days of the date of the Complaint Outcome or Recommendations.”

That sounds awfully like an appeals process.

[Michelle Donelan]

There is no formal right of appeal. If a provider or student felt that there was a factual error, of course that would be outlined in the guidance by the OfS director in relation to this Bill as well.

In the case of a monetary penalty, which is something that hon. Members have raised multiple times, there is a right of appeal set out in schedule 3 to the 2017 Act. That will be available if a monetary penalty is imposed because of a breach of the new freedom of speech registration conditions in clause 5 of the Bill.

--- Later in debate ---

[Emma Hardy]

I know it was not strictly in our amendments, but I hope that before the Minister sits down she will respond to the points made about the inclusion of further education colleges, and how all this relates to the 165 further education colleges that are registered as higher education providers.

[Michelle Donelan]

To respond directly to the hon. Lady’s point, we think it is right that FE colleges are in scope within the Bill. They are already regulated by the OfS when they put on courses of higher education, so this is not a change for them. They are already subject to working with that regulator, as well as Ofsted and so on. It is right that we ensure that this provision is comprehensive and that we protect freedom of speech for students who are studying higher education in further education settings as well as those studying in higher education settings.

Students will continue to be able to raise complaints with the OIA, but will also benefit from the new complaints scheme in the OfS. Students will have the option to raise freedom of speech and academic freedom-related complaints via the OfS scheme, or to raise their complaint with the OIA, as they can now. Where a complaint has been found to be wholly or partially justified, the OfS will be able to make a recommendation to the higher education provider or student union, which could include a recommendation to pay a specified sum in compensation or, for example, a recommendation to reinstate a complainant’s job or place on a course.

Without this new complaints scheme, staff in the higher education sector and visiting speakers would have no access to a cost-free route to seek redress against a provider, and there would be no way to complain about the student union. This clause provides a free complaints route to individuals, whether higher education staff, students, academics or visiting speakers, to seek redress for an improper restriction of their lawful free speech. The scheme will ensure an accessible route to individual redress that is backed up by new, strengthened duties provided in this Bill.

--- Later in debate ---

[Michelle Donelan]

As we have heard, amendment 78 and new clause 7 seek to introduce an advisory board to work with the new director for freedom of speech and academic freedom and to advise the Office for Students on the operation of the Bill when it is enacted. Clause 8 provides that the director for freedom of speech and academic freedom will be responsible for overseeing the performance of the OfS free speech functions, including the monitoring and enforcement of free speech registration conditions, the new student union duties and the new complaints scheme.

As part of those responsibilities, the director will be responsible for reporting to the other members of the OfS on their performance of the OfS free speech functions. This reflects a similar provision in schedule 1 of the Higher Education and Research Act 2017, which makes the director for fair access and participation responsible for reporting to other members of the OfS on the performance of OfS access and participation functions.

[Emma Hardy]

With respect, the Bill brings the student unions under the direct control of the OfS, and, as it is, the student unions do not have a direct voice through the Office for Students. I accept the Minister’s comments so far, but can she explain how the NUS and students can feed into the director for freedom of speech?

[Michelle Donelan]

When the new director is in place, they will produce comprehensive guidance in consultation with the sector, including student unions. I am confident that the individual who is awarded the position will be someone who listens and works collaboratively across the sector.

Not only will the measure ensure oversight of the role of the director for freedom of speech and academic freedom for the rest of the OfS board, but it will allow the OfS to better co-ordinate and monitor its free speech functions. It is, of course, important that the OfS should be held to account in the performance of its functions. That is one reason why paragraph 12 of proposed new schedule 6A, which clause 7 will insert into the Higher Education and Research Act 2017, will require that the OfS conduct a review of the complaints scheme or its operation and report the results of that review to the Secretary of State, where such a report is requested. The Secretary of State may also require the OfS to report in its annual report, or a special report, on matters relating to freedom of speech and academic freedom. That report must be laid before Parliament, as laid out in clause 4.

The Government expect that the OfS will consult widely, including with sector representatives, as I have made clear throughout the Committee, when developing the details of the complaints scheme, as well as on changes to the regulatory framework. There will be guidance to help providers and student unions to comply with their duties under clause 4, which specifically provides for the OfS to give advice to providers on good practice on the promotion of freedom of speech and academic freedom. It is important that the OfS works closely and effectively with the sector, including with student unions—freedom of speech is no different in that respect.

There is no need to set up the bureaucracy of a non-statutory advisory body, as suggested by the amendment. The OfS is independent of the Government, so to do so would simply duplicate its role as set out in the statute.

[Emma Hardy]

With the greatest respect, the Minister has just said that the OfS is independent of the Government, but the chair of the OfS is a Conservative peer, who was a Conservative Member of Parliament. We cannot say that the OfS is independent of the Government when we all know that its chair sits in the House of Lords and takes the Conservative party whip.

[Michelle Donelan]

The hon. Member has made that point before. The chair of the OfS was appointed accordingly, and the director for freedom of speech and academic freedom will be as well. I hope that Members are reassured that the Bill already ensures the accountability of the director for freedom of speech and academic freedom, and the OfS itself.

--- Later in debate ---

[Michelle Donelan]

Amendment 85 seeks to ensure that the director is a person who has not donated to any political party in the last three years, and it would prohibit the director from making donations to political parties for the duration of their tenure. New clause 9 seeks to set out additional requirements for the appointment process of the new director for freedom of speech and academic freedom at the Office for Students, requiring approval by the Education Committee and that the Secretary of State take into account the views of an independent advisory body. New clause 11 would require the Secretary of State to conduct a review of the appointment process for the director within six months of the calling of a new Parliament. That review would assess the suitability of the process for selecting politically impartial candidates. The Secretary of State would be required to lay a copy of the review report before Parliament.

The director for freedom of speech and academic freedom will be appointed in the same way as other members of the board of the Office for Students, under the Higher Education and Research Act 2017 by the Secretary of State. I assure Members that that will be done in the usual way, in accordance with the public appointments process. I emphasise, as has been demonstrated in our sittings, that freedom of speech and academic freedom are fundamental principles in higher education; they are not the preserve of one political party.

[Emma Hardy]

The Minister is genuinely very generous in giving way. She always lets me in, and I appreciate that. Will the job description for this brand-new role be written, as discussed previously, in consultation with the sector, including the National Union of Students, so that we get the right description to ensure that we get the right person?

[Michelle Donelan]

Throughout my tenure as Minister of State for Universities, I have worked closely with the sector, listening to its views and its requirements for the role, as the Department has done. We will continue to do that.

--- Later in debate ---

[Michelle Donelan]

We are going very off topic. We have a lot of clauses to get through, so I will continue.

There will also be important oversight built into the system when the director has been appointed. The director will be responsible for reporting to other members of the OfS on the performance of the OfS’s free speech functions. That reflects a similar provision in paragraph 3(1)(c) of schedule 1 to the Higher Education and Research Act 2017, which makes the director for fair access and participation responsible for

“reporting to the other members of the OfS on the performance of the OfS’s access and participation functions.”

That will not only ensure oversight of the role of the director for freedom of speech and academic freedom, but the rest of the OfS board will also allow the OfS to better co-ordinate and monitor its free speech functions.

I therefore hope that Members will be reassured that the appointment of the director will be in line with the usual public appointments process and that the role of the director is ultimately overseen by the rest of the OfS board.

[Emma Hardy]

rose—

[Michelle Donelan]

I have finished.

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

Debate between Emma Hardy and Michelle Donelan

Monday 20th September 2021 Public Bill Committees

[Michelle Donelan]

The hon. Gentleman makes a point about the previous activities of the OfS, whereas today we are focusing in this Bill on freedom of speech. This is a new set of requirements, with a new director, that will be coming into force, and they will be doing an annual report, as we have already discussed.

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

rose—

--- Later in debate ---

[Michelle Donelan]

I completely agree with my hon. Friend. That point was laboured by many of the witnesses we saw in evidence. As I said to the hon. Member for Warwick and Leamington a moment ago, this is much more than an issue of dealing with no-platforming; we are trying to address the chilling effect.

[Emma Hardy]

I am slightly confused. The Minister is saying that the OfS has been collecting the data, but why has it not been reporting on it? The difficulty with the chilling effect is how quantifiable it is. This is about hard data and events that have been cancelled or no-platformed. The amendment would provide hard data, rather than reliance on some mystical ability to mind-read or judge how chilled someone feels in a particular environment.

[Michelle Donelan]

I heard the hon. Lady, but yet again the Opposition are failing to grasp the severity of the problem we are trying to deal with, and so honour our manifesto commitment to squash the issues with free speech on our campuses. Those issues are much more entrenched than simply no-platforming. We have heard that from various sources, academics and students alike, who have told us that they have felt curtailed in their ability to speak out on certain issues, to teach certain topics, and so on.

--- Later in debate ---

[Michelle Donelan]

I am not going to set out a detailed timetable, but I assure the hon. Member that there will be sufficient consultation with both the sector and student unions.

[Emma Hardy]

Further to the point raised by my hon. Friend the Member for Warwick and Leamington, the Minister mentioned parliamentary scrutiny, and I want to press her on this issue. She should be able to give us at least an outline of whether we will know about this before Report, before Third Reading and before it goes to the Lords. When will parliamentary scrutiny happen? On something as important as this, surely we should have some indication from the Government.

[Michelle Donelan]

This is in line with how we have done legislation before, and to have in the Bill the details of the exact things that the hon. Member is asking for would not be appropriate.

--- Later in debate ---

[Michelle Donelan]

I think what is actually important is to have sufficient time for engagement and consultation with the sector and student unions, for the very reasons given about their varying size, financial assets and so on. Rushing the regulations would have an effect contrary to what Opposition Members are arguing for.

It is important to note that the power of the OfS to impose a penalty will be subject to the safeguards set out in schedule 3 of the 2017 Act. That reflects the approach taken to the monetary penalty under section 15 of that Act. We see no reason to deviate from that tried and tested approach.

[Emma Hardy]

I thank the Minister for giving way again—she is being generous. To make it as simple as possible, we would like to know when we will find out what the maximum penalty will be. She talks about parliamentary scrutiny and the need for consultation. To be as clear as possible, will we know before the final vote on Third Reading?

[Michelle Donelan]

I think that I have been quite clear, but I shall be even clearer: the regulations will be passed via secondary legislation, when there will be an opportunity for hon. Members to scrutinise those decisions. We want to ensure adequate time for consultation with the sector and with students unions to get that right.

--- Later in debate ---

[Michelle Donelan]

The time limit refers to amendments 36 and 37, which I will proceed to, but indeed we are not setting a time limit. It would depend on what had happened and the facts that were available. It would be investigated. I am not convinced that getting into a speculative hypothetical will help today’s discussion.

Amendments 36 and 37 seek to impose on the face of the Bill a time limit of five years as to who may bring a complaint to the OfS complaints scheme. As drafted, proposed paragraph 5(2)(a) of new schedule 6A in clause 7 sets out that the complaints scheme

“may include provision that…complaints…must be referred under the scheme within”

a specific time frame. That reflects similar provisions in the Higher Education Act 2004, enabling the Office for the Independent Adjudicator for Higher Education to set a time limit for its scheme. The OIA only considers complaints made within 12 months of the date that a higher education provider told the students of its final decision. That is considerably shorter than the five years in the suggested amendments. To refer back to the point made by the hon. Member for Warwick and Leamington, that needs to be decided by the director and in the guidance and regulations. We are not setting out a timeframe in the Bill. That would come in the detail.

[Emma Hardy]

May I clarify whether a time limit will be set out, if not in the Bill, in the guidance produced later?

[Michelle Donelan]

To clarify, in the Bill there is no time limit, but our full expectation is that there will be one in accordance with precedent, such as that of the OIA. There will be a reasonable time limit, set in conjunction with the voices that have been heard, of the sector and of the hon. Member for Warwick and Leamington, who made his suggestion today. Accordingly, when the OfS sets out the details of the complaints scheme, it will be able to set an appropriate time limit. It is not necessary to set that out on the face of the Bill, as I have stated.

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

Debate between Emma Hardy and Michelle Donelan

Monday 20th September 2021 Public Bill Committees

[Michelle Donelan]

I will make some progress and then give way.

As individuals will be able to seek redress for free via the OfS or the Office of the Independent Adjudicator, we expect individuals to make a complaint to the OfS or the OIA before relying on the tort.

[Emma Hardy]

I thank the right hon. Lady for giving way.

I refer the Minister to the Office for the Independent Adjudicator’s written evidence, where it said:

“It is generally accepted that it is not good practice to have multiple routes of ADR redress for the resolution of a complaint because it can make the landscape difficult to navigate and make it harder for individuals to make the right choice for them—particularly if they are vulnerable.”

I wonder how the OIA’s concerns can be satisfied by the clause the Minister is moving?

[Michelle Donelan]

I thank the hon. Member for their comments. It is a good point that students, academics and visiting speakers all need to know the routes available to them. That will be a fundamental part of the new director’s job; I fully anticipate that they will not only set out comprehensive guidance, but communicate with all the different individuals so that they know the options available.

--- Later in debate ---

[Emma Hardy]

Going back to the evidence, one of the points made by the OIA is that

“if a student isn’t fully informed or does not understand”—

bearing in mind its previous point about vulnerable students—

“all the consequences of their choice, the decision they make may not be the most beneficial for their particular circumstances.”

The evidence points out that people rarely make a complaint relating just to freedom of speech; rather, it often involves many other different aspects, which the director of freedom of speech would not be able to address. This is a highly complex and difficult procedure for an individual student to be able to understand and navigate, and I am not sure that written guidance from the Office for Students would fully address that.

[Michelle Donelan]

One thing we must be clear on is that the current system is not working. It is failing individuals who are having their freedom of speech breached, as we also heard from multiple sources in the evidence. At the heart of this Bill is unlocking a greater choice for individuals, whether that is going down the OIA route or the one-stop shop of the director who will be responsible for free speech and academic freedom. While it is true that at the moment not many cases that are brought forward are purely to do with freedom of speech, I argue that that is because we need this Bill in place and the new director in their position.

Given that individuals may not want to incur the legal costs and risks associated with bringing a claim before the courts, we do not expect this provision to give rise to many claims. It will operate more as a backstop for complainants, to cover claims by individuals who may feel they have no other recourse.

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

Debate between Emma Hardy and Michelle Donelan

Thursday 16th September 2021 Public Bill Committees

[Matt Western]

I thank my hon. Friend for her intervention. In response to a point by the right hon. Member for South Holland and The Deepings about the detransitioning of research at the University of Bath, Professor Whittle said in evidence that

“had Bath addressed it properly, they could have done more to say, ‘This needs sorting and this does before we will consider it.’”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 41, Q75.]

The amendment would incorporate innovative research under the academic freedom duty, and that would push the likes of the University of Bath towards further exploring how such research proposals could be encouraged. It is a very simple amendment, but we hope that, in the spirit of how we have tried to co-operate, the Government will accept it.

[Michelle Donelan]

This amendment seeks to extend the duty of higher education providers to promote the importance of freedom of speech and academic freedom so that it specifically applies in the conduct of research, as well as in the provision of higher education more generally. The duty set out in proposed new section A3 of the Higher Education and Research Act 2017, created by clause 1 of the Bill, is a new one. It requires a provider to promote the importance of free speech within the law and academic freedom throughout its provision of higher education. This is a general duty that intends to drive a positive tone on campuses across the country, promoting a culture in which everyone on campus can express their lawful views, and in which academics feel safe to question and test received wisdoms and put forward new ideas and controversial or unpopular opinions.

[Emma Hardy]

The amendment is specifically meant to address cases in which an individual is sometimes a student and sometimes a teacher. As a PhD researcher their activity falls under academic freedom, but as a student it falls under freedom of speech. An individual can hold two different roles at two different times depending on what they are doing, and that problem is what we were trying to resolve with this amendment.

[Michelle Donelan]

I think that the next part of my comments will address the hon. Member’s concerns. A key element of this duty is to promote academic freedom for academic staff. It is widely understood and set out in international case law that academics should expect that their academic freedom is protected for any research they seek to undertake, as well as in the design and delivery of their teaching and wider comments or writings that they issue. The duty to promote the importance of academic freedom in the provision of higher education will therefore cover research undertaken in that context, noting the high-level nature of the duty. However, I have listened to hon. Members today, and while this will be made clear in the guidance, I shall commit to take this issue away and see whether further clarity would be of assistance.

--- Later in debate ---

[Michelle Donelan]

An important aspect of the Bill is that it does not place freedom of speech above other duties, such as freedom of religion. It is down to the university or students’ union to balance those competing duties and make a reasonable assessment. We think that freedom of speech duties should apply to the terms of use of premises. It would not be right if a students’ union decided, for example, to charge one group more for room hire than another group. In any event, proposed new section A4(3) is clear that the freedom of speech duties include the stated provision on premises, so the exact wording of the amendment would not be likely to have any effect in practice. However, I am happy to reconsider how we could make it clearer in the Bill.

[Emma Hardy]

On the basis of the Minister’s promise to go away and have a look to ensure that we can offer the clarity and reassurance needed, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 34, in clause 2, page 4, line 13, at end insert—

“(4B) The objective under subsection (2) does not apply to any person or body that—

(a) has made any statement in public that amounts to the denial of genocide; or

(b) intends to make any statement that amounts to the denial of genocide within the premises of the students’ union or to any members of the students’ union.”.—(Matt Western.)

This amendment ensures that the duty on students’ unions to secure freedom of speech within the law does not cover those who make statements that amount to a denial of genocide.

--- Later in debate ---

[Michelle Donelan]

Any transgression of freedom of speech and academic freedom goes against the fundamental principles of the higher education sector in England. It is therefore essential that our universities are places where freedom of speech can thrive for all staff, students and visiting speakers, so they can contribute to a culture of open and robust intellectual debate. Student unions provide support and services to their members and their universities. It is therefore appropriate and essential that the legislative framework is extended to cover student unions directly.

The extension of the duties imposed only on higher education providers will ensure that freedom of speech is protected to the fullest extent. This will ensure our universities can continue their long and proud history of being a place where views may be freely expressed and debated. Clause 2 will provide the legislative framework to extend these important duties to student unions at approved fee cap providers—a category of registered higher education providers. It will insert two new provisions into the Higher Education and Research Act 2017. Proposed new section A4 provides that student unions will be required to take reasonably practicable steps to secure lawful freedom of speech for their members and staff; for students, members and the staff of the provider; and for visiting speakers.

[Emma Hardy]

May I seek a point of clarification? I will be super-quick.

[Michelle Donelan]

Opposition Members have spoken at great length on this clause, so I will give way only once.

[Emma Hardy]

Thank you. I want clarification about non-affiliated student societies—student societies that are not directly affiliated to the student unions.

[Michelle Donelan]

If the hon. Lady will bear with me, I will come on to student societies.

In deciding what is reasonably practicable, student unions must have particular regard to the importance of freedom of speech. This will allow those involved in all aspects of university life to contribute to a culture of open and robust intellectual debate, without fear of repercussion. Those are new duties, providing new protections and ensuring coverage across campus. Proposed new section A5 will require student unions to maintain a code of practice, which will act as an aid for compliance with the new duty in proposed new section A4.

The code of practice must set out the procedures to be followed when organising meetings and activities, as well as the conduct required in connection with them. That is in addition to the criteria for making decisions about student union support and funding, and who can use premises. The clause sets out the new duties on student unions that are vital for ensuring that freedom of speech is protected to the fullest extent within higher education in England. It is therefore an important and necessary part of this Bill.

New clause 4 would extend the duties on student unions at approved fee cap providers so that they also apply to junior and middle common rooms at colleges and student societies. Taking student bodies at constituent colleges first, the colleges fund their junior and middle common rooms and can exert a high level of control over their activities. We do not believe that imposing the duty on junior and middle common rooms would be appropriate, as they are autonomous, as has been said. Freedom of speech duties would be unnecessary and bureaucratic if applied to junior and middle common rooms. A point was made about booking systems, but even given that junior and common rooms may book rooms, those rooms are owned by colleges and the JCRs have no actual control over them. Given that, we do not believe that including them is necessary as the freedom of speech duties on the colleges will apply to the activities of their student unions. It is important to note that student unions at constituent colleges are not classified as student unions under the Education Act 1994. In addition, the administrative burden on providers to give the Office for Students details of the student unions of their constituent colleges in addition to their own student unions, with the OfS then under a duty to maintain a list of them, monitor their compliance with their duties and deal with them in regulatory terms, as well as under the complaints scheme, would be resource intensive and disproportionate. That point has been made many times by Opposition Members in relation to other issues that have been raised today.

As for student clubs and societies, if they are affiliated to the student union, they will be covered by the student union’s code of practice. If they are not affiliated, they will still be subject to their provider’s code of practice, a point that I think has been missed in today’s debate. For similar reasons to those I have already set out in relation to JCRs and MCRs, we therefore do not think it would be appropriate to extend the duties to cover those clubs and societies directly. I hope that this clarifies the points made, and that we can agree not to accept new clause 4 and to move forward with the rest of the Bill.

[Matt Western]

The debate on these particular points has been really healthy and robust, and my Labour colleagues’ contributions have been extremely important—I particularly note those of my hon. Friend the Member for Brighton, Kemptown. What we have been saying for the last hour or hour and a half is that all we are seeking is consistency in this Bill, and that we cannot afford to have a two-tier higher education system. The words “iniquitous” and “unfair” have been used, but the problem is that either we recognise there is a need for coverage for all bodies and all groups that are exclusively student, as was rightly said, or there is not. The Minister has just said that it would be unnecessary and bureaucratic for this provision to be applied to middle and junior common rooms. We would say that it is unnecessary and bureaucratic for all institutions, irrespective of what they are or their heritage and history, and particularly for the smaller organisations that we keep speaking up for. As is well understood by many of us in this room, the whole higher education sector is incredibly diverse. Many smaller bodies—further education colleges and so on—will not be geared up to sustain these changes.

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

Debate between Emma Hardy and Michelle Donelan

Wednesday 15th September 2021 Public Bill Committees

[Michelle Donelan]

Amendments 80, 28, 45, 46 and 49 seek to set out the type of speech that the definition of academic freedom in clause 1 covers, and to ensure it includes the right of academic staff to express opinions about the curricula, governance, affiliation and the teaching and research at their provider, to design and deliver their teaching and do innovative research. Amendment 28 would also remove the limitation in the current provision that it covers only law speech that is within the person’s field of expertise, and makes other changes that I will discuss shortly.

As currently drafted, the definition of academic freedom includes the freedom to put forward new ideas and controversial or unpopular opinions. To be clear, that includes the right of academic staff to put forward opinions about any issue, including the curricula, governance, affiliation and teaching and research of their provider. It would also include the right to put forward research proposals that some might see as controversial or to pursue a range of methods when designing and delivering high-quality course material. There is therefore no need to specify in the Bill the type of opinions and speech that are covered, since all opinions and speech are covered as long as they are within the law and one’s academic field of expertise—a point I will return to in a minute. Of course, I shall consider once again the comments made in the debate.

Amendment 28 would make other changes to the definition of academic freedom. The first is the requirement that academic freedom means freedom within the law, which is a vital qualification in the Bill. Let me be clear once again that the Bill does not cover unlawful speech. The amendment would remove the qualification, but I do not see why the lawfulness of speech should not apply to academic staff as it does to anyone else on campus. Amendment 28, as well as amendment 80, would also remove the requirement that the protected speech should be within an academic’s field of expertise.

I commit to the Committee that I will take the topic away. We have heard a very compelling case from both Opposition Members and Government Members today. I want to outline why the provision is in the Bill, but I commit to taking the topic away.

[Emma Hardy]

Does the Minister commit to taking away the topic relating to amendment 28? Or was it amendment 27?

[Michelle Donelan]

Sorry; I commit to taking away the topic of field of expertise, which is covered in amendment 28, as well as amendment 80.

I will outline the reason why the topic is in the Bill in the first place. Academic staff will have extra protection under the Bill, in addition to the more general protection for freedom of speech. That is the reason that the additional protection only covers speech where an individual has expertise. For example, a maths professor should not have greater protection than a non-academic colleague or a student when they are speaking about matters unrelated to their role as an academic, but in that case the professor would still benefit from the same freedom of speech protections.

[Michelle Donelan]

I thank the hon. Member for that helpful point. I commit to taking away that very topic.

[Emma Hardy]

I take the commitment, but it does not have a lot of detail. A commitment to do what? A commitment to rewrite those five words? A commitment to reassess whether those five words need to be in there or not? I would like a little more detail on what the Minister is committing to.

[Michelle Donelan]

I and the Government commit to taking the topic away, listening to Members from across the Committee today and their very valid points and concerns on the topic, and to look at the topic again.

On the rationale behind the topic, the Government intend the definition to be interpreted broadly, so that a maths professor who uses their mathematical or statistical skills to analyse a non-mathematical subject would be covered, for example—that references the point made by the hon. Member for Brighton, Kemptown. It would also cover situations where an academic discusses teaching generally or the governance of their department—all that is within their area of work and subject expertise.

The wording reflects Strasbourg case law, where it has been held that academic freedom is not restricted to academic or scientific research, but also extends to an academic’s freedom to freely express their opinions in the area of their research, professional expertise and competence. Our courts must take this judgment into account when considering the question of what academic freedom is.

Further on amendment 28, I will move on to the inclusion of the wording that seeks to clarify that academics should enjoy academic freedom without “unlawful interference”. That is unnecessary, because any such interference with academic freedom will by definition be unlawful, which does not need to be stated in the Bill.

Finally, amendment 28 adds “without being adversely affected” to the definition. Being placed “at risk” of adverse effect is already covered by the Bill. It would be sufficient for an academic to show that they were at risk of adverse effect. It would not be necessary to go further and show that there had actually been adverse effect. Even a threat to damage an academic’s career, for example, could be sufficient. Therefore that aspect of the amendment is not required, as the current drafting is actually wider.

Amendments 27, 57 and 58 all seek to broaden the definition by removing the requirement for speech to fall within an academic’s field of expertise—once again, we shall cover this topic. Clause 1 provides that higher education providers must take reasonably practicable steps to secure freedom of speech for their staff and members. This includes securing the academic freedom of academic staff. As I have already said, this means that academic staff will have particular extra protection, in addition to the more general protection that the Bill offers for freedom of speech. This will allow academics to bring complaints to the Office for Students or a tort claim before the courts, which will reflect the high level of importance that the courts have consistently placed on academic freedom. I have outlined our rationale behind the “field of expertise” requirement and that it should be interpreted broadly, but as I have already stated to the Committee, I will take away and consider the issues raised regarding this topic.

--- Later in debate ---

[Michelle Donelan]

Amendments 32 to 34 and 69, taken together, seek to exempt providers and student unions from the duty to secure freedom of speech of persons who speak or intend to speak to deny genocide. The Government, however, are clear that genocide denial, including denial of the holocaust, is abhorrent and morally reprehensible. The new director will produce extensive guidance to assist universities, further to the points made by hon. Members. That guidance will make it clear that the European Court of Human Rights has held that holocaust denial is not protected speech under article 10 of the European convention on human rights. As such speech is intolerable in a democratic society, and that holocaust denial, even if dressed up as impartial historical research, must be seen—

[Emma Hardy]

I refer the Minister to the evidence given by Sunder Katwala:

“Comparing the Israeli Government to Nazi Germany, for example, is a lawful position that we wish to stigmatise.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 102, Q209.]

He complimented—if that is the right word—the Government on trying to get universities to adopt the International Holocaust Remembrance Alliance definition; likewise, we support that. However, that is still a “lawful position”. What this amendment would do is to make that, even though it is within the law to hold those opinions, we do not want them in our universities.

[Michelle Donelan]

If the hon. Member will forgive me, I will carry on and respond to her point regarding the balancing act that universities will perform.

Holocaust deniers often have clear links with neo-Nazi extremism, and with antisemitic violence and intimidation. As I said on the Floor of the House, the Government are clear that there is no place in our universities for an extremist view that is a complete work of fiction and one that grotesquely seeks to misrepresent our global history.

Let me once again be clear that nothing in the Bill encourages providers or student unions to invite speakers who have denied or deny genocide. The Bill will not give anyone the right to a platform, and on that I am categorical.

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

Debate between Emma Hardy and Michelle Donelan

Wednesday 15th September 2021 Public Bill Committees

[Michelle Donelan]

I thank the right hon. Member for his question. There is no point in duplicating in the Bill, because academic freedom is a subset of freedom of speech. That is clearly accepted.

[Emma Hardy]

Will the Minister give way?

[Michelle Donelan]

I will continue a little bit. Amendment 51 proposes primacy instead of importance. The Government are clear that freedom of speech is a fundamental right. Indeed, the new requirement to have “particular regard” is intended to shift the dial in the balancing act that providers have to undertake in order to give more weight in favour of freedom of speech than currently. However, this does not mean that freedom of speech must always outweigh other considerations; rather, it indicates that it is a very important factor. This is the right approach. The Bill does not place on providers a requirement to prioritise freedom of speech over other rights, such as freedom of religion. The requirement to have particular regard to the importance of freedom of speech may, in a particular case, prompt a provider to prioritise freedom of speech over another right, but this would always be subject to the provider’s assessment of what is reasonably practical, and would need to be lawful. The Bill does not create an obligation on the provider to reach a particular outcome. It is vital to remember that, in context, the right to freedom of speech is not, and should never be, absolute.

[Emma Hardy]

I apologise for returning to the previous point, but is the Minister aware how remarkable it is to have a group of different academics agreeing on one issue? It is truly remarkable; we achieved the almost impossible by getting them united on the issue of academic freedom. Therefore, it does seem rather preposterous that we have a Bill claiming to be about freedom of speech that does not include the two words “academic freedom”. I wonder, with the greatest of respect, what the point was of having all those witnesses give evidence if everything they said is disregarded, and the Government intend to stick with what they already published before those sessions.

[Michelle Donelan]

I refute the point that everything in the evidence was disregarded. The Government reserve the right to stick by their opinion, which is that this Bill will protect academic freedom and freedom of speech. Academic freedom is a subset of freedom of speech.

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

Debate between Emma Hardy and Michelle Donelan

Monday 13th September 2021 Public Bill Committees

[Michelle Donelan]

Q So as the body dedicated to students, in essence, would you say that you are constrained at the moment in assisting students with issues of free speech?

Nicola Dandridge: The way our powers are structured means that we approach it by looking at the systems that the university has in place. That is a very limited way of engaging with issues of free speech, so yes, it is constrained.

[Emma Hardy]

Q Welcome—it is great to see you here. Coming back to the point that you made about the regulatory overlap between the OfS and the OIA, you said that we would need to have some sort of clarity and talk about that. Would you say that that clarity should be in the Bill—that it should explain who does what—or are you thinking more about guidance produced by the Department for Education? How can that work out so that everybody knows where to go and whom to go to?

Nicola Dandridge: I was thinking that it would be the latter. It is one of the first responsibilities that the director for free speech and academic freedom will have to undertake. Although it would be their choice, not mine, I would anticipate that they would want to produce guidance in order to provide clarity in some of these very complex areas, one of which is who does what and how it is done. I was anticipating that it would be guidance and not on the face of the Bill.

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

Debate between Emma Hardy and Michelle Donelan

Monday 13th September 2021 Public Bill Committees

[Michelle Donelan]

[Emma Hardy]

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

Debate between Emma Hardy and Michelle Donelan

Tuesday 7th September 2021 Public Bill Committees

[Michelle Donelan]

Q I have one final question to Dr Ahmed. At Cambridge, you successfully put forward the amendment, which I am sure everybody around the table is aware of, altering the requirement of “respecting” to “tolerating”. Why do you think that amendment was needed?

Dr Ahmed: That was one of three amendments that went through on a large majority. The reason for the concern was that the use of the word “respect” and the requirement for respect in that context meant respect for all kinds of ideas and identities as well. That would preclude, for instance, mockery. It would preclude views that give offence to people who hold religious views. My own particular interest is religion. For instance, I teach the work of David Hume. David Hume was about as offensive in his mocking of religion as anyone was in the 18th century. Would I be able to teach that, because his views were certainly disrespectful towards religion?

Another point, of course, is that whether something counts as respectful depends on how willing the person you are disrespecting is to take offence. So, more sensitive people will end up with a kind of veto. We all have our own examples of people who are especially sensitive taking offence. Those people will end up having power over what we can say and what we cannot. The effect would be absolutely to strangle any form of rigorous academic discussion over the most important things in life. That was why I thought the word “tolerate”, which has no connotations of admiration and is completely compatible with mockery—it simply rules out stopping people from practising or having those beliefs—was more useful, and, evidently, many of the dons at Cambridge agreed.

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

Q Good morning to you both and thank you for being here. On the issue of academic freedom, I want to turn to what the Bill does and does not say. I am looking at the evidence submitted by your friend, I think, Professor Ross Anderson. His concern is around changing the wording in the Bill from

“freedom within the law to question and test received wisdom”

to

“freedom within the law and within their field of expertise”.

I have concerns that a Bill that is allegedly intended to promote academic freedom could in fact limit academic freedom if you are limited to defining what is your field of expertise. I welcome your comments on that.

The other point in the Bill which concerns me around the alleged promotion of academic freedom versus the reality of the Bill is that it talks about academics and not academic staff or those working within the university. They seem to be exempt from coverage under the Bill, as are visiting academics. What are your thoughts on what the Bill does to promote academic freedom? Where can it be strengthened or changed to actually promote the academic freedom that I believe we all support? Maybe Kathleen first.

Professor Stock: I suspect that we differ on this answer, but I think the difference between academic freedom and freedom of expression, assuming there is one, can only be in principle grounded in expertise. That is what makes the difference between the person who has freedom of expression generally and the person who has special protections as an academic. To put it briefly, that is because academics are perceived to have a certain authority, so their authority should be rigorously tested. They should not be able to get away with just saying, “It is just like this, and you have to accept my word for it.” At the same time, there will be people who want to shut them up or buy them off, so we have to keep them protected.

However, I do see that in practice in a university it might be quite difficult to distinguish between these. For instance, there are a lot of professional services that have PhDs who are looking to get into academia. There are students studying and also working for the university in various capacities, so the blurring is quite present. In practice, it might be that that clause does cause problems and may need to be rethought. In principle, though, that is the rationale for this whole conversation on expertise. There is a further discussion about how to differentiate different fields of expertise.

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

Debate between Emma Hardy and Michelle Donelan

Tuesday 7th September 2021 Public Bill Committees

[Michelle Donelan]

Q Do you think it would be useful at this moment in time to clarify that the Bill does not prevent protest of free speech? I would be happy to have conversations offline or further written evidence on that.

Professor Whittle: It does not appear to, but combined with other legislation that has come in and the whole idea of what universities can do? What can a university do to stop people saying, “We don’t want this speaker.”? Can they stop it on Twitter? No. Can they stop it on Facebook? No. But they can stop it on the ground within the space of the university. I actually think that that is a much more valid place to hear student protests than on Twitter.

[Emma Hardy]

Q Professor Whittle, I want to turn again to the evidence submitted by the University of Cambridge, which highlights the tension that the Bill presents in balancing free speech with the existing legislation in the Equality Act 2010 against harassment, abuse and threats of violence. As I mentioned to Trevor Phillips in the last evidence session, the Secretary of State verbally promised that the right to lawful free speech will remained balanced by important safeguards, but the University of Cambridge is suggesting that that should be in the Bill, and the Bill should present greater clarity on where the line is drawn between existing legislation around harassment and what the Bill proposes. I wondered, with your experience in equalities, what your thoughts were on that.

Professor Whittle: The Equality Act provides little protection for anybody who feels that their rights are being disturbed by somebody else’s freedom of speech. For example, if somebody is speaking and they are antisemitic, unless it directly relates to that person, unless they have some sort of standing, the Equality Act cannot protect them as such. The Bill is interesting in that you do not have to have any standing to use the potential new provisions within it. I think that that is equally problematic, because it means that literally the butcher down the road could decide that they do not want the speaker, or could make a complaint that a speaker had had their freedom of speech challenged.

I think that that is very problematic, but I accept that it should be absolutely clear in the Bill that this is not about stopping legitimate student protest. There is a difference between legitimate and illegitimate protest, and illegitimate protest is always illegitimate in my view and should never be perpetrated, except in the direst circumstances. Legitimate protest, which includes shouting, making a noise and being an irritating bloody nuisance is just part and parcel of academic life. As I say, I have faced it in my own lecture theatre and I have not felt comfortable, but I did not feel so challenged.

--- Later in debate ---

[Emma Hardy]

Q Would you therefore recommend an amendment to the Bill to make it explicit that local complaints processes should first be exhausted?

Smita Jamdar: Absolutely.

[Michelle Donelan]

Q I would be interested to know whether you think there are currently clear routes for individuals to seek redress where they do have their freedom of speech infringed on and restricted.

Smita Jamdar: The main route that you would see a student, for example, going through would be by way of judicial review. Judicial review has the advantage of allowing the court to make a declaration or requirement that the university should reconsider the case and, if necessary, readmit the student—they are entitled to go as far as that, but very often they will keep it to requiring that the case be reconsidered. They can also concurrently award damages, if you can prove that there is a loss associated with whatever has happened to you.

Our view, as a firm, is that if you had a situation where a student was excluded on the basis of exercising their right to freedom of speech, and it was a rightful exercise of the freedom and a wrongful interference with the freedom, then the clause permitting you to do that might also be regarded as a unfair term under the consumer contracts legislation, because you are losing a right that you have as a matter of general law. So routes are available. It is fair to say that the vast majority of these cases are probably dealt with at the internal appeals stage; I am not aware of a huge amount of case law that relates to students pursuing their claim. I think for academics it would be via employment tribunals.

--- Later in debate ---

[Michelle Donelan]

Q What importance do you place on the role of the director, which this legislation will create?

Thomas Simpson: As I read the Bill, and certainly I suppose in my vision, the director plays a co-ordinating role for the OfS’s functions, but the director’s decisions should not be decisions that the director makes individually; they are decisions that the board would sign off on. As I have discussed earlier, I think there is a legal recourse for testing what the director’s decision should be. But the director should be someone who is active, who is energetic and who wants to drive this.

One of the other questions here at stake—it is one of the missing pieces from prior evidence—is that we have a very valuable document from 2019, the Equality and Human Rights Commission’s guidance on free expression. That really carefully walks through very practical details of how the section 43 freedom of speech duty should be implemented in particular situations. Ten key public bodies were brought in to agree to that guidance. There is both a process and an end point that is similar to that for the wider question of academic freedom that the Bill sets out provision for.

There is an outstanding question, which people are right to ask: what is the relationship between this and the Equality Act? In practice, the EHRC guidance threads the needle on most of those issues, and there will be a comparable process for academic freedom more widely.

[Emma Hardy]

Q Welcome. I have a few different questions. Picking up on your point about the Equality Act and how they interplay, would you recommend greater clarification of that in the Bill? I know that we have been promised guidance to follow, but it is very interesting, looking at the evidence that has come out. There seems to be a bit of a coalition between the Free Speech Union and various universities that that clarification is needed. I wondered what your thoughts were.

Thomas Simpson: In the ideal world, that would be great. I do not know what the appetite is within the House of Commons for pressing on that, but I think it would be valuable, were it possible. The EHRC guidance generated considerable consent on how that relationship should be managed in practice. As an advocate of academic freedom and free speech, I think it does so in a way that is respectful of both the demands of the Equality Act, right and proper, and those of academic freedom.

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

Debate between Emma Hardy and Michelle Donelan

Tuesday 7th September 2021 Public Bill Committees

[Michelle Donelan]

[Emma Hardy]

--- Later in debate ---

[Emma Hardy]

[Michelle Donelan]

--- Later in debate ---

[Michelle Donelan]

[Emma Hardy]

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

Debate between Emma Hardy and Michelle Donelan

Tuesday 7th September 2021 Public Bill Committees

[Michelle Donelan]

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

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 21st June 2021 Commons Chamber

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

The Department of Health and Social Care is closing the asymptomatic testing and lateral flow testing facilities at the University of Hull on 31 July, despite the fact that the university remains open during the summer for staff, postgraduates, international students and students who cannot return home, despite the fact that not all students have been double vaccinated, and despite the fact that the number of cases is rising. Will the Minister for Universities intervene urgently and speak to her colleagues at the DHSC to keep testing open at the University of Hull?

[Michelle Donelan]

As the hon. Member will know, we have worked very closely with the Department of Health and Social Care throughout the pandemic, and the testing offer for students continues to be as accessible as possible. In addition, students can utilise the universal testing offer. I will continue to work closely with the Department of Health and Social Care in regard to summer provision as well as autumn provision, and I am happy to meet her to discuss this further.

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 1st March 2021 Commons Chamber

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

Many students have lost the part-time work they rely on and their financial concerns are helping to fuel their mental health crisis. The Scottish Government have given students studying in Scotland the equivalent of £78 per student; the Welsh Labour Government have given students studying in Wales the equivalent of £302 per student. The UK Government have given students studying in England the equivalent of £45 per student. Why do this Government put such a low value on the welfare of students in England?

[Michelle Donelan]

Quite to the contrary, we put an extremely important value on the welfare of our students. That is exactly why one of our first actions in this pandemic was to allow more flexibility with the £256 million that can support student hardship, and we have recently given an additional £70 million that needs to be spent in this financial year. We are keeping all this under review, but our priority has been getting additional money into the pockets of students who may be facing financial hardship right here and right now.

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 23rd November 2020 Commons Chamber

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

University students have been an afterthought in the Government’s thinking throughout the covid crisis, whether that is the A-level fiasco, the huge spike in cases after return in September, financial hardship, mental health or digital access. All have been palmed off to universities with only slow, token Government support, and now time is again running out. Will the Secretary of State take this opportunity to get ahead of events and publish clear, crisp and quick guidance for universities, so that they can plan for a safe and smooth student return in the new year?

[The Minister for Universities (Michelle Donelan)]

Following the end of term break, our top priority is January, and we will be ensuring that the welfare of students, staff and communities in higher education providers is at the forefront. We will look to utilise mass testing to make the return of higher education as safe as possible, and we will indeed produce further and comprehensive guidance.

Tuition Fees

Debate between Emma Hardy and Michelle Donelan

Monday 16th November 2020 Westminster Hall

[Michelle Donelan]

The whole purpose of having that first stage is for the university to have a chance to deal with the complaint, as there might be opportunities to do so that do not include refunds. I was trying to express the fact that, in the formal process with the Office of the Independent Adjudicator, there are protections for students against any potential backlash that might be feared from going against the university. The degree of anonymity is hindered—if it is completely anonymous, it is impossible to pursue a complete complaints process—but there are protections for students.

As I was saying, hon. Members have argued that the policy places too much on the shoulders of students and that we should instead adopt Government finance-backed refunds. I wholeheartedly dispute the suggestion that all students are being let down. Tuition does look different, because we are in the midst of a global pandemic, but different does not have to mean inferior.

Universities have invested heavily in innovative and dynamic learning and have utilised technology. I have seen many examples of interactive lessons that staff have worked tirelessly, hour after hour, to produce. In fact, a recent survey by Unite showed that 81% of students were happy that they did not defer, and four in five agreed that, although it is not how they expected their first university year to be, they valued their time there.

I am not for one moment suggesting that there have not been some institutions, or some faculties within them, that may not have given students the learning they deserve, as we have heard in accounts today. For those students, the process is in place; that is exactly why it was set up. The majority of students, however, have been supported by hard-working staff, who have invested hour after hour to support students in their learning. There has been an enormous effort made throughout the higher education sector to maintain the high quality expected by this Government. In fact, when done well, online learning takes many more hours to produce and costs more, as the fixed costs—including labour—remain the same and are combined with additional technology costs.

Yes, universities are autonomous institutions, but as a Government, we have a responsibility to the millions of students studying across the country to ensure that their education can continue and that it continues in a way that meets the high quality bar that we usually expect, and that they expect.

The findings of the Petitions Committee inquiry were clear that although students who are entitled to a refund should be able to access information about how to claim, a wide-scale refund should not be the way forward, and we agree. A range of guidance for students and providers already exists—from the OFS, the Competition and Markets Authority, the OIA and the Quality Assurance Agency for Higher Education—and we have been working to highlight and co-ordinate that advice even more for students. Universities must anyway adhere to consumer law and make their complaints process, and the OIA’s process, clear to students. The NUS has promoted this process during the pandemic, as have I, especially on student-facing media.

As the Petitions Committee recommended, we have established a working group that includes the NUS, the OFS, Universities UK, the OIA and the CMA. The OFS is working on a comms campaign, and a new page is now on its website that pulls together existing guidance on consumer issues. The OIA is consulting on new arrangements for dealing with complaints from groups of students, to speed up the process and ensure that those students who have a degree of commonality can be brought together in one complaint. I am also working on additional ways to further promote the rights of students and the processes they should follow, including working with Martin Lewis and his Money Saving Expert team.

Further to the comments made by my right hon. Friend the Member for Tatton, I want every student to know that they do have consumer rights. The CMA produced guidance on this issue earlier in the year and, for higher education providers, it is clear: universities should have been clear before the start of the academic year about what students could expect in these extraordinary circumstances. If students feel they have not got what they expected, they should follow the process. As outlined by the CMA, each student has a contractual agreement, and that agreement will differ per institution, which is another reason why a blanket system of refunds would not necessarily work.

Once again, let me be clear: it is not acceptable for students to receive anything less than the high-quality education they expect from our world-leading sector. A change in the mode of delivery to online or blended learning should not mean that quality declines. This is not a case of “pay the same and get less”; this is about providers changing their mode of delivery in an unprecedented situation to prioritise public health.

Providers will be best placed to be informed about decisions regarding the proportions of online and in-person learning, working with their local Public Health England teams. There are so many examples of innovative providers and the work they have done. I will highlight just a few. The University of Leeds utilised virtual classroom technologies, enabling students in Leeds and those studying remotely to engage together, and this has been seen in many universities. The University of Northampton used webinar software to successfully replicate a mock courtroom scenario, and the University of Sheffield’s faculty of engineering developed an approach to remote teaching of practical elements, shared with the sector. Some universities, such as Cambridge, have sent science, technology, engineering and mathematics students items of lab equipment to work with at home, and there are many, many more examples.

The OFS has stipulated that quality must be maintained and that the conditions of registration must continue to be met. It is directly engaging with those providers that have moved their provision online due to the coronavirus restrictions and is assessing material to check that the quality and quantity of provision are maintained and that it is accessible. Students can raise their concerns directly with the OFS.

However, tuition fees do cover much more than simply teaching: they include the support services that universities offer, such as mental health and wellbeing, as well as the provision of study spaces, library resources and much more. It is clear that these important services must be maintained, especially when students are isolating, in regards to wellbeing, mental health and communications. We as a Government have been very clear about that.

To answer the question asked directly by my right hon. Friend the Member for Tatton regarding my engagement with students, which was also posed by the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy), I have regularly engaged with the NUS. I have engaged with the OFS student panel and with students who are present for the various visits I make on a regular basis, particularly the working groups of care leavers who are students. I have also done a magnitude of student-facing media, answering questions in online forums. I believe that is essential, because I should be speaking to students and the sector, detailing our policy and responding to their queries.

Rather than focusing on wide-scale refunds that in reality would make little difference to the money in students’ pockets—and let us not forget that more than 50% of students never pay back their full student debt—the Government are focusing on the outcomes of the higher education experience. We are focusing on ensuring that the courses lead to qualifications, and working hard so that students are supported and safe. Drawing on the expertise of the higher education taskforce that I set up, we have been providing robust public health advice and guidance to universities, so I dispute the claim made earlier in the debate that the Government have not given clarity to universities.

From the start of the pandemic my priority has been to protect student mental health and wellbeing, and we have asked providers to prioritise that. We have worked closely with the Office for Students to create the Student Space to address the additional mental health challenges that covid presents. That is a £3 million project, to be delivered with Student Minds, and it has recently been extended. That is on top of wider Government support that includes £9 million for charities. We monitor it all the time. My heart goes out to all the families who have experienced student suicide in the past few months, and to the friends and all the people who knew those students. It is an awful tragedy, and no words can give an account of how I, or other hon. Members here today, feel about it.

The hon. Members for Leicester East (Claudia Webbe) and for Kingston upon Hull West and Hessle raised the issue of student hardship and the £256 million fund. We have clarified that providers can use that money for the entire academic year. It is for student hardship—for digital devices, for mental health support—so it is right that we keep referring to it. We were quite up front at the beginning about how it could be utilised. Before the beginning of the academic year—before August—we also outlined that £23 million per month could be utilised. I am afraid I shall continue to use that figure, because it was for the entire academic year. Student hardship is something that we continue to monitor, and each university normally has its own hardship pots as well. The Department has also allocated £195 million for technology devices for educational settings, for which care leavers at higher education providers qualify.

[Emma Hardy]

I have made the point that I think the £256 million fund is a little stretched at the moment. Unless I am mistaken, the £195 million fund for digital access is available only for students who were care leavers; it is not available universally for all students.

[Michelle Donelan]

Yes, that is exactly what I said. The Department has allocated that money across educational settings and care leavers in higher education can access that. However, we have encouraged universities to prioritise digital poverty and accessibility. Accessibility is something that the OFS has been strong on, because everyone should have access to education of quality. The Secretary of State has also commissioned the chair of the OFS to conduct a review of digital learning and teaching, including digital poverty.

Draft Higher Education (Fee Limits and Student Support) (England) (Coronavirus) (revocation) regulations 2020

Debate between Emma Hardy and Michelle Donelan

Tuesday 20th October 2020 General Committees

[Michelle Donelan]

I thank the hon. Lady for supporting the spirit behind the revocation, as well as the purpose of the original regulations.

In terms of our exams policy for next year, the Secretary of State asked Qfqual to look into that back in June, well before Labour ever campaigned for any change. A great deal of work is being done by the Department for Education and Qfqual to ensure that we have the necessary plan B in place for those students who may end up self-isolating or under restrictions while examinations are conducted next year. No one is in any doubt about what students have been through in the past few months, and continue to go through, and that understanding will be at heart of that joint work to ensure that exams are fairly assessed. We will ensure that the futures of those students can be unlocked in higher education, further education or the wider world of employment.

We keep future SNCs under review, working closely with the devolved Administrations, as the hon. Lady requested. It is important that we keep everything on the table because we are in the midst of global pandemic, and we need to plan accordingly and be live to issues in response to the sector’s needs.

The covid-pandemic has been disruptive to every sector of society, and as universities Minister, I will do everything I can to maintain stability.

[Emma Hardy]

I am grateful for the answer about discussions with the devolved nations. Before the Minister concludes, could she say something about the analysis of the impact of the removal of the SNCs on university finances and student numbers? What will be done to prevent aggressive recruitment practices in the following academic year? How will drop-out rates be monitored?

[Michelle Donelan]

I was going to come on to that, but as the hon. Lady is eager, I will address those questions now.

Drop-out rates are a matter of concern to me and the Department in any year. We want to ensure that students can access an education, continue it and complete it, so that they have a qualification that will unlock their future. I regularly talk to the sector about that in my weekly discussions with the higher education taskforce. I know that it is monitoring numbers. It is imperative that support is available to students on matters ranging from food, wellbeing and mental health, especially for those who are self-isolating, and that that is prioritised. Last week I wrote a letter to each university and provider on that very subject. I will work hand in hand with them to ensure that that support and guidance is given, and that it is communicated to students, so that they can continue on their educational journey.

On finances, back in May we announced our stabilisation package that assisted with cash flow, and brought forward some money, include QR funding to the tune of £100 million. That was in conjunction with the work of the Chancellor of Exchequer, who has provided according to my best estimate £700 million for loans and grants. We regularly monitor the financial health of all institutions, including those who were affected by the reversal to centre assessment grades in the summer, and that is done in conjunction with the Office for Students. As the hon. Lady will be aware, we have also introduced a restructuring regime that acts as a safety net for any institution that, having accessed all the other support available, is still in need of help. It is important to stress that, at this moment in time, no institution has self-referred to the restructuring regime, but it remains an avenue of opportunity.

As for preventing aggressive recruitment practices in the forthcoming year, many of my predecessors have written to institutions against the use of unconditional offers. I continue to reiterate that message to the sector, and that issue will be considered in our response to Augar. We will keep everything on the table next year as we deal with the pandemic and any fall-out that it may have on SNCs and such like.

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 12th October 2020 Commons Chamber

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

In the Education Select Committee sitting last Tuesday, the Minister was unable to answer how many students are self-isolating and therefore totally reliant on accessing digital and online learning. She was also unable to answer how many students have covid-19; how we will ensure that tests are available to students; when the two-week late “imminent” guidance, with robust frequently asked questions on students returning home for Christmas, will be published; or even how many students are currently learning only online. What impact does the Minister think her Government’s incompetence and inability to answer basic questions about covid-19 in our universities is having on the spread of the virus in university towns and cities?

[Michelle Donelan]

I will begin with the Christmas guidance, which is certainly not late—I am sure the hon. Lady will understand that it is important that we get this right. I am working with the sector, with a sub-working group—the taskforce—to identify the issues and ensure that comprehensive guidance is forthcoming. That commitment to students on Christmas remains. Around 9,000 students currently have covid. This is the data that has been sent to us by universities. It is the cumulative number of cases over the past seven days and is based on a student population of about 2 million. Public Health England informs us that 68 universities have outbreaks. We will go back to those universities to ascertain that data and, as of next week, working with the Office for Students, there will be a new data regime, which will be much more transparent.

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 7th September 2020 Commons Chamber

[Michelle Donelan]

I am really sorry to hear about the problems that Hannah is experiencing. The exam boards have committed to turning around appeals quickly, and Hannah and her school should inform the university of the situation. I have agreed with all universities that all students, including those successful on appeal, with the required grades will be offered a place at their first-choice university and that deferred places will be offered only as a last resort. Specific admissions cases are the responsibility of individual institutions, but I will alert Loughborough to this case.

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

I share the serious concerns of the Scientific Advisory Group for Emergencies that the annual mass migration of millions of students to university means that significant outbreaks of covid-19 are “highly likely”. Universities have worked hard to make campuses covid secure, but the Department must take responsibility and ownership of this crisis and recognise that most students live, work and socialise outside the campuses. When will universities and communities receive the updated guidance on safe reopening promised in a DFE press release late on Friday night? What additional testing capacity is being deployed to keep staff, students and communities safe, and will the Minister make a statement this week on the safe reopening of universities?

[Michelle Donelan]

SAGE did indeed publish its updated guidance on Friday, and the Government will issue updated guidance this week that supplements our original guidance of months ago. The safety and wellbeing of university staff and students is always our priority. As SAGE pointed out, there is also evidence that physical and mental health will be impacted if universities do not open. Universities have worked hard to ensure that they are well prepared for covid and have prioritised safety and wellbeing, including by introducing numerous social distancing and covid-secure measures.

Oral Answers to Questions

Debate between Emma Hardy and Michelle Donelan

Monday 22nd June 2020 Commons Chamber

[Michelle Donelan]

I certainly will. I am leading a two-tier covid response to attract international students: first, by working across government to remove and reduce the logistical barriers faced by students, including visa issues; and secondly, by communicating that the UK is open for business via advertising and open letters to international students, our embassies, and international media.

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

If I may, I would just like to offer a couple of words on Fred Jarvis, who, at 95 years old, was also a friend of mine—a formidable education campaigner. He taught me many, many things, one of them being, “Don’t ever patronise the elderly—they know more than any of the rest of us put together.” Bless you, Fred.

International students bring £20 billion to our economy, and global soft power and influence, the loss of which will not just damage our universities. I do recognise the uphill battle the Minister faces, hindered by a slow and ineffective Home Office and the heartbreaking reality that the UK’s covid-19 death toll is now the third highest in the world. So how will she ensure that our universities maintain capacity and sustain courses if international student numbers decline?

[Michelle Donelan]

As I have already outlined, we are working to help to mitigate the challenges that universities face, which are faced globally in the higher education sector. In addition, on 4 May we announced a sustainability package on top of the additional support that the Treasury had already announced—£700 million to the sector, including the job retention scheme and access to coronavirus loans. The package that we announced on 4 May also included bringing forward £100 million of quality-related funding for research because, as the hon. Lady will know, international students cross-subsidise research.