Oral Answers to Questions
Gareth Bacon Excerpts(1 year, 5 months ago)
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Gareth Bacon (Orpington) (Con)
The Minister for Schools (Nick Gibb)
As my hon. Friend knows, the Secretary of State has written to all schools to emphasise that schools can and should share RSHE teaching materials with parents. The Department will consider, as part of the review of the statutory guidance, whether any further changes are needed to reinforce that and to ensure that all resources that teachers use to teach RSHE are age-appropriate.
Higher Education (Freedom of Speech) Bill
Gareth Bacon ExcerptsTuesday 7th February 2023
(1 year, 9 months ago)
Commons ChamberRead Full debate Higher Education (Freedom of Speech) Act 2023 View all Higher Education (Freedom of Speech) Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 7 February 2023 - (7 Feb 2023)
Gareth Bacon (Orpington) (Con)
I rise to support the Bill in general, and specifically to support the Government’s decision to reject Lords amendment 10.
It continues to be a matter of great regret that in a country like ours, it should be necessary to legislate to protect free speech, but we have reached a point where it clearly needs to be done. Freedom of speech is a cornerstone of any democratic society, and in a society like ours it should be a given. Throughout history, philosophers have understood that creativity and progress in a society depend on acts of intellectual rebellion, dissent, disagreement and controversy, no matter how uncomfortable they may be. To a very large degree, freedom of speech matters most when it is controversial, because this is how pre-existing thinking can be challenged and new ideas can develop. In a democratic and free society, discussion, challenge and debate are healthy, and our universities have traditionally been at the forefront of this battle of ideas.
As I stated on Second Reading, university should be a place where ideas are freely exchanged, tested and, yes, criticised. However, in recent years, free speech has increasingly been eroded, particularly on university campuses. I served on the Public Bill Committee and the evidence we took from eminent academics was deeply worrying, so much so that I really do wonder if the hon. Member for Warwick and Leamington (Matt Western) was actually listening. Evidence was given of the chilling effect in universities, where academics feel obliged to self-censor for fear of the consequences of daring to express views that do not accord with an increasingly intolerant monoculture.
One of our witnesses was Dr Arif Ahmed, reader in philosophy at the University of Cambridge. He informed the Committee, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said, that a 2017 University and College Union survey found that 35% of academics felt obliged to self-censor. To paraphrase Dr Ahmed, many academics are not speaking their minds or pursuing important research, simply because they fear facing disciplinary action from their university or being ostracised by their peers. As Professor Matthew Goodwin of the University of Kent told the Committee, not only does the issue affect academics, but a quarter of students are self-censoring.
If academic freedom is under threat, so too is freedom of speech. Another of our witnesses was Professor Kathleen Stock; she was still at the University of Sussex at the time, but shortly afterwards she was finally hounded from her job after enduring an entire year of bullying, marginalisation and intimidation. In recent years, there have been repeated accounts of speakers whose views do not correspond with the prevailing monocultural mindset being disinvited from speaking engagements, of reading lists being censored, of publishing contracts being cancelled, of reputations being trashed, and of “safe spaces” being created in which nothing but the prevailing view is permitted to be heard.
The truth is that it is not about protecting delicate sensibilities from offence; it is really about censorship. After all, in a free society people can always protect their own sensibilities if they wish: by not going to the speech, by not watching the film, by not reading the book. Nobody is compelled to engage if they do not wish to do so, but when people are explicitly or indirectly no-platformed, those who take such decisions are not protecting themselves; they are denying others the right to hear those people and challenge what is said. That is exceptionally damaging. If dissent and debate can be silenced at university, they can be silenced elsewhere.
As I outlined at the beginning of my speech, I cannot support Lords amendment 10, which would delete clause 4. Clause 4 is what gives the Bill its teeth. Removing it would reduce much of the Bill to impotence; retaining it is crucial to securing the cultural and behavioural shift needed in our higher education sector. The Minister said:
“I stand firm in my belief that the tort is an essential part of the Bill.”
I entirely agree.
I will conclude by quoting George Orwell:
“If liberty means anything at all it means the right to tell people what they do not want to hear.”
George Orwell’s words remain just as apposite today as when he wrote them nearly eight decades ago. The Bill will protect that liberty, and I fully support it.
Layla Moran
I rise to speak in support of Lords amendment 3. I am frankly delighted that it has received Government support. It will do what I and others across the House have for some time been calling for, which is to ban the use of non-disclosure agreements by universities in cases of sexual harassment, sexual abuse, bullying and other forms of misconduct.
I thank everyone who has worked on the campaign. I thank Lord Collins for tabling the amendment; the right hon. Member for Basingstoke (Dame Maria Miller) and the hon. Member for Birmingham, Yardley (Jess Phillips), who have campaigned with me; and Zelda Perkins and Can’t Buy My Silence for their tireless campaigning over the years. More importantly, I want to thank the young women, particularly Ffion from the University of Oxford and everyone involved in the campaign It Happens Here—those brave survivors who have spoken out about their experiences.
My involvement began as the constituency MP for some of those young women, who first came to me in 2018 with shocking testimony about gagging clauses being included in agreements signed in the wake of an instance of sexual assault. One woman had to sign not an NDA—this is a critical point—but a no-contact agreement that prevented her assaulter from having access to her accommodation, among other safety measures. That agreement, which was meant for her safety, included a clause that prevented her from making any information public about the assault, or indeed about the investigation. It was so poorly explained that she took it to mean that she could not even speak to her GP.
Oral Answers to Questions
Gareth Bacon Excerpts(2 years, 6 months ago)
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Alex Burghart
The hon. Gentleman has been a powerful champion in this House for that cause, and I am pleased to say that the Under-Secretary of State for Education, my hon. Friend the Member for Colchester—the city of Colchester—(Will Quince) will meet him to discuss this.
Gareth Bacon (Orpington) (Con)
The Secretary of State for Education (Nadhim Zahawi)
The law is clear that schools must remain politically impartial. I know that colleagues on all sides of the House relish going into schools for hustings during elections. Children need to learn about the yellow team, the blue team, the red team and the green team, but I recognise that some issues can be challenging to deal with, so my Department has recently published clear, comprehensive guidance to help teachers tackle sensitive issues in the classroom in a politically impartial way.
Gareth Bacon
In April this year, members of the National Education Union claimed that it was somehow impossible to teach history in a balanced manner. Does my right hon. Friend share my concern that some children are at risk of being indoctrinated by political activists masquerading as teachers? Will he bring forward powers in the new Schools Bill to strike off those who repeatedly fail to comply with impartiality guidelines?
Nadhim Zahawi
Our knowledge-rich history curriculum requires teaching methods of historical inquiry. We should be teaching children how to think, not what to think, including how evidence is used rigorously to make historical claims and discerning how and why contrasting arguments and interpretations of the past have been constructed. Our guidance supports this, and schools already have powers to take disciplinary action where teachers repeatedly breach their legal duties.
Higher Education (Freedom of Speech) Bill (Third sitting)
Gareth Bacon Excerpts(3 years, 2 months ago)
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The Chair
I am going to stop this now and ask Gareth Bacon to ask a question, because we have only three minutes left.
Gareth Bacon
Q Thank you very much, Sir Christopher. This is to Professor Goodwin. I graduated from the University of Kent 25 years ago, and my experiences in Canterbury are very different from what you have described. Do you agree that in a free and democratic society, the best way to deal with views you disagree with or, indeed, find repugnant is to be able to openly challenge them, debate them, and expose their weaknesses in an open debate?
Professor Goodwin: I do agree. I would just add on the record that most of the problems I have encountered personally have not come from within the University of Kent, but from within the broader higher education sector.
Gareth Bacon
Q My final question—I am conscious of time—is to both witnesses, if I may. Both of you, in common with academics who gave evidence last week, have talked about the chilling effect that is going through academia. If the Government were to drop this Bill and take no action, what do you foresee being the long to medium-term, five to 10-year consequences?
Professor Goodwin: Again, just to revert to personal experience, I would certainly leave academia, and I know that many other of my colleagues would probably come to the same conclusion. I think there are a large number of researchers, junior and senior, who now feel that viewpoint diversity is no longer really in existence or being protected adequately within Britain’s institutions, and that is a very depressing thing for somebody who has spent 20 years building up their academic career to say.
I know for a fact that many of my colleagues no longer feel particularly welcome, safe, secure, or ultimately able to say what they really think, and for every one of me, there are 20 or 30 people behind me who do not feel able to come and speak and voice their concerns as we are doing today. For every Kathleen Stock, there are 50 other gender-critical academics. I had a message from one this morning who is going through a very similar case and is being chased out of a department for reasons similar to those Kathleen raised. The most frustrating thing, just to put this on the record, is for people like me to hear people who are not in higher education say that this is all a myth and that it does not exist. They clearly do not have an understanding of what is happening in higher education.
Professor Kaufmann: To reiterate, I think that what will happen is that the truth-seeking mission of the university will be warped, because many questions that we need to ask will not be asked and many answers that we need are not going to be given, for career reasons.
On Matt’s point about the idea that this is somehow a moral panic or a new thing, a recent paper by a leading Harvard political scientist, Pippa Norris, called “Cancel Culture: Myth or Reality?”, was published in Political Studies a few months ago. She asked three questions: “Have the following got better or worse in the last five years: academic freedom to teach and research; respect for open debate from diverse perspectives; pressures to be politically correct?” The modal answer, even from left-wing academics, was that those things had got worse in the last five years. For those on the right, the percentage was in the 80s. We have a problem, in that people are saying that it has got worse in the last five years, and the King’s surveys of students found similar. If we do not address this, the truth-seeking mission of the university if going to be severely impacted.
The Chair
Thank you very much indeed, both of you. We now have to move on to the next session. If any colleagues have complaints about the length of time allocated, I am told that they must be referred to the Whips, as they were the people who dictated that there should be such limited time to hear your expert evidence.
Examination of Witness
Sunder Katwala gave evidence.
Higher Education (Freedom of Speech) Bill (Third sitting)
Gareth Bacon Excerpts(3 years, 2 months ago)
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The Chair
I am going to stop this now and ask Gareth Bacon to ask a question, because we have only three minutes left.
Gareth Bacon
Q
Professor Goodwin: I do agree. I would just add on the record that most of the problems I have encountered personally have not come from within the University of Kent, but from within the broader higher education sector.
Gareth Bacon
Q
Professor Goodwin: Again, just to revert to personal experience, I would certainly leave academia, and I know that many other of my colleagues would probably come to the same conclusion. I think there are a large number of researchers, junior and senior, who now feel that viewpoint diversity is no longer really in existence or being protected adequately within Britain’s institutions, and that is a very depressing thing for somebody who has spent 20 years building up their academic career to say.
I know for a fact that many of my colleagues no longer feel particularly welcome, safe, secure, or ultimately able to say what they really think, and for every one of me, there are 20 or 30 people behind me who do not feel able to come and speak and voice their concerns as we are doing today. For every Kathleen Stock, there are 50 other gender-critical academics. I had a message from one this morning who is going through a very similar case and is being chased out of a department for reasons similar to those Kathleen raised. The most frustrating thing, just to put this on the record, is for people like me to hear people who are not in higher education say that this is all a myth and that it does not exist. They clearly do not have an understanding of what is happening in higher education.
Professor Kaufmann: To reiterate, I think that what will happen is that the truth-seeking mission of the university will be warped, because many questions that we need to ask will not be asked and many answers that we need are not going to be given, for career reasons.
On Matt’s point about the idea that this is somehow a moral panic or a new thing, a recent paper by a leading Harvard political scientist, Pippa Norris, called “Cancel Culture: Myth or Reality?”, was published in Political Studies a few months ago. She asked three questions: “Have the following got better or worse in the last five years: academic freedom to teach and research; respect for open debate from diverse perspectives; pressures to be politically correct?” The modal answer, even from left-wing academics, was that those things had got worse in the last five years. For those on the right, the percentage was in the 80s. We have a problem, in that people are saying that it has got worse in the last five years, and the King’s surveys of students found similar. If we do not address this, the truth-seeking mission of the university if going to be severely impacted.
The Chair
Thank you very much indeed, both of you. We now have to move on to the next session. If any colleagues have complaints about the length of time allocated, I am told that they must be referred to the Whips, as they were the people who dictated that there should be such limited time to hear your expert evidence.
Examination of Witness
Sunder Katwala gave evidence.
Higher Education (Freedom of Speech) Bill (Second sitting)
Gareth Bacon Excerpts(3 years, 2 months ago)
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Sir John Hayes
Perhaps a way of resolving the difference of view between the right hon. Member for North Durham and the witness is for the witness to cite some of that evidence in writing as a follow up? I would like to know about courses that have been cancelled, stopped or never delivered, speakers who have not been invited or where invitations have been withdrawn, and funding that has not been granted on the basis of all of those things being “unacceptable”. It would be very useful if you could provide some kind of note with that as a follow up, which will hopefully allow us to move on.
Gareth Bacon (Orpington) (Con)
Q Paraphrasing slightly, you talked about the chilling effect when you were answering the Minister earlier. Over what period of time do you think the chilling effect, as you put it, has developed?
Thomas Simpson: In my view, the past five years have been particularly difficult. I think it is a longer-running trend and probably stretches back to early 2010s. I was out of academia for a key period during the early 2000s. I do not know where the data is on that. If I may come back on the data question, Professor Eric Kaufmann is in a much better position on that, as that is his speciality, whereas I am the philosopher here, so he would be well placed to speak to about those challenges.
Gareth Bacon
Q You also said—again, I paraphrase, so if I get it wrong, correct me—that you did not know if the legislation would succeed, but it was the best chance of leading to a cultural change over, perhaps, a 10-year period. If I were to ask you to speculate, if the Bill were not taken through, what would we see happening over the next 10 years?
Thomas Simpson: At the moment, the crucial question is the position of those involved in university leadership and administration. At the moment, if someone says something controversial, even reprehensible, a group of people on social media organise a campaign against the person, but for a university administration making a decision on whether to allow the event to go ahead, whether to rescind availability of premises, whether to allow this person to stay in post or whatever it is, their incentives are, “I am concerned for the reputation of the institution and what I am seeing is a lot of outrage on social media; that is what I am seeing.” The incentives are to give way to that and that is what we have seen. That is the presenting issue in these high-profile controversies.
What we need is to change the incentive structure for individuals in that, and not just change the incentive structure but affirm through legislation and through, as it were, the public speech of Parliament that academic freedom matters. When this happens, it will allow people to hide behind the legal duty. The conversation is such now that even speaking in favour of academic freedom makes one liable to accusations of being a reprehensible person and what a horrid attitude it is that you are hiding. Even universities feel that pressure, I think. The danger is that we just carry on in the current trajectory, which is that events do not go ahead and people hold their tongue. Our research environment and the hurly-burly of debate on campus just becomes not a hurly-burly, but one in which there is a prevailing viewpoint.
Gareth Bacon
It seems to me that what you are describing the difference between mob rule and the rule of law.
Gareth Bacon
You have had your say, thank you very much.
Thomas Simpson: I am very cautious about the language I would use to describe that situation, but I want the rule of law rather than the rule of politics. That is the frank truth.
Matt Western
Q You cited the examples of the two academics at Cambridge to illustrate your position. Surely those particular cases needed to be dealt with by changes to employment law—and that is the issue with this Bill. The Opposition understand that there are certain things that need to be updated in employment law, the online harms Bill legislation and maybe in equalities, but this seems to be the wrong way of going about it. In the two cases you quoted, surely employment law would have sorted that?
Thomas Simpson: As I said earlier in the evidence, I would seriously support considering introducing the employment tribunal as the first court to consider cases of dismissal in that situation, in addition to the existing measures in here.
Higher Education (Freedom of Speech) Bill (Second sitting)
Gareth Bacon Excerpts(3 years, 2 months ago)
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Sir John Hayes
Perhaps a way of resolving the difference of view between the right hon. Member for North Durham and the witness is for the witness to cite some of that evidence in writing as a follow up? I would like to know about courses that have been cancelled, stopped or never delivered, speakers who have not been invited or where invitations have been withdrawn, and funding that has not been granted on the basis of all of those things being “unacceptable”. It would be very useful if you could provide some kind of note with that as a follow up, which will hopefully allow us to move on.
Gareth Bacon (Orpington) (Con)
Q
Thomas Simpson: In my view, the past five years have been particularly difficult. I think it is a longer-running trend and probably stretches back to early 2010s. I was out of academia for a key period during the early 2000s. I do not know where the data is on that. If I may come back on the data question, Professor Eric Kaufmann is in a much better position on that, as that is his speciality, whereas I am the philosopher here, so he would be well placed to speak to about those challenges.
Gareth Bacon
Q
Thomas Simpson: At the moment, the crucial question is the position of those involved in university leadership and administration. At the moment, if someone says something controversial, even reprehensible, a group of people on social media organise a campaign against the person, but for a university administration making a decision on whether to allow the event to go ahead, whether to rescind availability of premises, whether to allow this person to stay in post or whatever it is, their incentives are, “I am concerned for the reputation of the institution and what I am seeing is a lot of outrage on social media; that is what I am seeing.” The incentives are to give way to that and that is what we have seen. That is the presenting issue in these high-profile controversies.
What we need is to change the incentive structure for individuals in that, and not just change the incentive structure but affirm through legislation and through, as it were, the public speech of Parliament that academic freedom matters. When this happens, it will allow people to hide behind the legal duty. The conversation is such now that even speaking in favour of academic freedom makes one liable to accusations of being a reprehensible person and what a horrid attitude it is that you are hiding. Even universities feel that pressure, I think. The danger is that we just carry on in the current trajectory, which is that events do not go ahead and people hold their tongue. Our research environment and the hurly-burly of debate on campus just becomes not a hurly-burly, but one in which there is a prevailing viewpoint.
Gareth Bacon
It seems to me that what you are describing the difference between mob rule and the rule of law.
Gareth Bacon
You have had your say, thank you very much.
Thomas Simpson: I am very cautious about the language I would use to describe that situation, but I want the rule of law rather than the rule of politics. That is the frank truth.
Matt Western
Q
Thomas Simpson: As I said earlier in the evidence, I would seriously support considering introducing the employment tribunal as the first court to consider cases of dismissal in that situation, in addition to the existing measures in here.
Higher Education (Freedom of Speech) Bill
Gareth Bacon ExcerptsMonday 12th July 2021
(3 years, 4 months ago)
Commons ChamberRead Full debate Higher Education (Freedom of Speech) Act 2023 View all Higher Education (Freedom of Speech) Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Gareth Bacon (Orpington) (Con) [V]
I strongly support the Bill, which was a manifesto commitment in an election that gave the Government a landslide majority less than two years ago. Given a growing and worrying cultural trend across our campuses over recent years, the Government are right to bring this legislation forward. It is a matter of deep regret that the Bill is even necessary in 21st-century Britain.
It has been said previously in this House that sunlight is the best disinfectant, and we know that open debate allows good ideas to drive out bad ideas—that, in essence, is the basis of the scientific method. Our places of education should be the last to succumb to the idea of one truth, but freedoms of speech, thought, expression and individuality are now being censored in increasing numbers on campuses across the country, primarily by those of a hard-left mindset but in a manner that has more in common with the European dictatorships of the first part of the last century than a democratic nation such as Britain in the current one. If we do not act now, we risk a central tenet of our democracy being lost.
University used to be a place where students would go to test theories and engage in critical thinking. As Ruth Kelly, the former Labour Education Secretary, said:
“Universities should not only welcome debate and dissent from established ways of thinking—they should actively encourage it, because that’s how we achieve progress and change. If universities were only to allow the regurgitation of the received wisdom, what would be the point of them?”
Well, what indeed?
It is a matter of regret that, too often, political agitators see free speech as something to be destroyed because they are afraid of having their arguments brought out into the open and challenged. The mob mentality is underpinned by a fanatical zeal that they are the enlightened ones and only they hold objective truth. That has given rise to the phenomenon of cancel culture, as hon. Members have said, whereby anything that challenges the prevailing thought is denounced as heretical, racist or fascist, and in many cases a combination of all three. Examples of the intolerance that has crept into academic life are ever increasing. Peter Hitchens, who was hounded by a mob of students, summarised it well:
“They had absolutely no desire to influence me or debate with me. I was an enemy, not an opponent, and so I should not have dared to be there. My actual existence infuriated them”.
The irony, of course, is that restricting free debate in such a way is deeply undemocratic. Indeed, it is a totalitarian action. This Bill is therefore necessary to prevent a dystopian, Orwellian indoctrination.
Clauses 1 and 2 will amend the Higher Education and Research Act 2017 by creating new duties on governing bodies and student unions to secure freedom of speech. I warmly welcome clause 8, which will enforce that where necessary by creating in the Office for Students a director to champion free speech in academia. Clause 3 is perhaps the most crucial, because proposed new section A6 to the 2017 Act will provide for civil claims to be made where those duties in clauses 1 and 2 are breached. That is critical because it gives the Bill teeth.
The dangers I have outlined are not, of course, isolated to universities. The campus is merely a staging ground for wider civilisation and society. Those who wish to do away with freedom of speech are attempting to dismantle the foundations of our society and to supplant them with their own totalitarian doctrine. By removing freedom of speech, dissenting voices can be silenced and submission ensured. For proof of that we need only look at recent attempts to subject British history to a radical revision and the accompanying attempts to taint our greatest heroes. This is a deliberate and concerted attempt to erode the pillars of our nation so that we are left with nothing to believe in. Once that point is reached, those responsible—the anarcho-Marxist, hard-left agitators—will be able to impose their own, ever-changing standards whereby yesterday’s truth is tomorrow’s crime.
By ensuring in legislation the sanctity of freedom of speech, I hope that the Government set a precedent to consider further actions. There are areas in which the Bill can be improved as it proceeds through its remaining stages, particularly to avoid its being neutered by contradictory interpretations of the Equality Act 2010, but there will be an opportunity to discuss that in more detail at a later stage. I support the Bill’s Second Reading and urge all colleagues on both sides of the House to do likewise.
Support for University Students: Covid-19
Gareth Bacon Excerpts(3 years, 9 months ago)
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Michelle Donelan
Education is of course devolved, but I meet on a weekly basis with my counterpart in Scotland, Minister Lochhead. We discuss the issue of accommodation almost every week, and the other pressures that students are facing, in order to have a joined-up and co-ordinated approach that is really getting to the heart of the problems that universities and students are facing.
Gareth Bacon (Orpington) (Con) [V]
The £70 million support fund for students facing financial difficulties is very welcome, and I congratulate Ministers on once again stepping in to protect those most in need. However, a number of my Orpington constituents have told me how their studies have been drastically impacted by the pandemic. Will my hon. Friend update the House on what discussions have been held with universities about full or partial refunds for tuition and accommodation fees in this academic year?
Michelle Donelan
I agree with my hon. Friend: this is a really difficult and challenging time for students, and my heart goes out to all of them. We as a Government set the maximum tuition fee level, not the minimum, and it is up to universities to decide what to charge. Every single one of them has continued to charge the maximum during this pandemic, and in return we have said that we expect the quantity, quality and accessibility of provision to be there. If a student feels that it is not, there is a process whereby they can make a formal complaint to their university, and if the issue is still not resolved, they can take it to the Office of the Independent Adjudicator, which can potentially lead to a full or partial refund.
Oral Answers to Questions
Gareth Bacon Excerpts(4 years, 8 months ago)
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Bridget Phillipson (Houghton and Sunderland South) (Lab)
Mr Gareth Bacon (Orpington) (Con)
Giles Watling (Clacton) (Con)
Mr Bacon
Since 2013, the total schools block grant in my constituency has gone down, whereas funding across London regionally has increased by 4.5%. I know that my right hon. Friend recognises the historical imbalances towards metropolitan areas, so what reassurances can he give me and the excellent schools in Orpington that the NFF will rebalance funding?
Gavin Williamson
The Department and the Government are working towards a hard national funding formula to ensure fair funding across the country in every single constituency. I know that my hon. Friend has been campaigning hard to raise the issue facing his schools, and we will listen closely.