Higher Education (Freedom of Speech) Bill

Debate between Gavin Williamson and Jess Phillips

2nd reading
Monday 12th July 2021 Commons Chamber

[Gavin Williamson]

What we hoped we would see is universities across the country taking further action, but what was so saddening was that so many people contacted me directly to express their concerns about being able to speak freely on campus at the universities where they worked. They were not able to put down their name and address, because they were concerned about the repercussions.

My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) rightly said that it would be a tragedy if Darwin had not felt that he had the freedom and ability to challenge established thinking. We have to remember that there are Darwins out there who will be challenging the consensus, and we always need to ensure that all our great institutions deliver the freedoms that we expect them to deliver. We are a free and democratic society, and we should never be in a position where we are not doing everything we can to deliver freedom of speech. Does it not seem odd—in Parliament, of all places, where freedom of speech is there to be protected, relished and enjoyed—that the Labour party is not necessarily challenging and trying to amend the Bill, but wants to actively vote it down? It seems perverse that the Labour party is not supporting the principles of freedom of speech and is not doing everything we can to ensure that students and academics have as much freedom as possible to explore ideas.

As we look at how we protect free speech, we should all be appalled that a report by King’s College London only two years ago found that a quarter of students believed that violence was an acceptable response to inflammatory speech. The same report showed that a similar proportion of students were beginning to keep their beliefs and opinions to themselves because they were too scared to disagree with their peers.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Will the Secretary of State give way?

[Gavin Williamson]

If I could just make a little progress, I will give way to the hon. Lady.

I am sure the whole House would agree that this intolerance is simply intolerable. Recent research by Policy Exchange revealed that 32% of those who identified as fairly right or right have refrained from airing views in teaching and research, with 15% of those identifying as centre or left also self-censoring. This is both unwise and unhealthy. Our universities must not become spaces where ideas are debated within a narrow consensus, with those who challenge majority views subject to censorship. Last year, I warned vice-chancellors that this situation could not and would not be allowed to continue. Although some have taken action, we cannot sit by while others do not. Our students and faculty quite simply deserve better.

--- Later in debate ---

[Jess Phillips]

As the Secretary of State talks about people being scared on campus and what he has asked vice-chancellors to do, I wonder whether he has the data in front of him for sexual harassment and sexual violence cases, which are rife on our university campuses. On the deep principles that he holds, what exactly is he doing about that, and when can I expect a Bill on that? That is surely a principled priority that the Government would want to take.

[Gavin Williamson]

It absolutely is. I am sure the hon. Lady was about to come on to the amazing work that the Office for Students has commissioned to ensure that all universities take the action required, including looking at whether that is a condition of registration for universities, which, as she will understand, is absolutely fundamental for universities to be able to operate.

The Bill will protect lawful freedom of speech and academic freedom on campus. We are strengthening the legal duties that exist and ensuring that robust action, including imposing fines, will be taken if they are breached. The central core of the Bill is clause 1, which amends the Higher Education and Research Act 2017 to extend the duties of higher education providers relating to freedom of speech and academic freedom. That will ensure that those freedoms are protected and promoted within higher education in England.

As we actively protect students from racism, antisemitism and other forms of discrimination, higher education providers will have to take responsibility and reasonably practicable steps to secure lawful freedom of speech for their staff, members, students and visiting speakers. That includes a duty to secure the academic freedom of academic staff. It will mean a change in ethos as well as culture. Providers will be under a duty to promote those fundamental values, as well as to maintain a code of practice setting out how students and staff should act so as to ensure compliance with that duty.

Freedom of speech does not begin and end with providers. As a matter of principle, every student at every university in every corner of the country should have the same freedom and the same rights. Students unions must not be allowed to silence or intimidate other students within a university. That is why clause 2 requires students unions and providers to take “reasonably practicable” steps to secure lawful freedom of speech for their members, students, staff and visiting speakers.

As now, the right to lawful free speech will remain balanced by the important safeguards against harassment, abuse and threats of violence as set out in the Equality Act 2010, the Prevent duty and other legislation, none of which we are changing. This is not an ideological effort; it is about fundamental fairness and common sense. These legal duties are key to ensuring that the higher education sector in England continues to be an environment in which students, staff and visiting speakers are not just able but welcome to freely express their views, as long as those views are lawful. The reason we need this effort is because the existing legislation provides no clear means of enforcement, nor does it give a specific right to individuals to seek compensation for breach of freedom of speech duties, leading to concerns that it does not offer serious, sufficient or significant protection.

This is why clause 3 introduces a new statutory tort that will protect visiting fellows, students and other individuals who may not be able to seek redress through employment tribunal. Though this legal route is an important backstop, we do not want all cases going to court where they could otherwise be resolved by other means. We are therefore providing that the Office for Students, the regulator for higher education in England, will play a more active role in strengthening freedom of speech and academic freedom standards in higher education.

Clause 4 imposes new freedom of speech duties on the OFS, including requiring it to promote the importance of freedom of speech within the law and the academic freedom of academic staff at higher education providers. The OFS will also play an important role in identifying best practice and providing advice in relation to the promotion of these rights.

The OFS will have a more direct route to regulate the freedom of speech duties under clause 5, which requires the OFS to set new registration conditions relating to freedom of speech and academic freedom. This clause will ensure that the registration conditions relating to freedom of speech and academic freedom are aligned with the duties on higher education providers imposed by the Bill. The OfS will be able to ensure that these are complied with by using its usual powers of accountability and enforcement, such as the power to impose fines.

As I have said, it is vital that students unions are also doing their bit to ensure freedom of speech on campus. Clause 6 extends the regulatory functions of the OfS so that it can effectively regulate and enforce the new freedom of speech duties that we are placing on students unions. The OfS will monitor compliance and have the power to impose fines.

[Gavin Williamson]

As the hon. Lady will know, it is absolutely clear that this Bill will never create a platform for holocaust deniers. She is probably familiar with the Public Order Act 1986, the Equality Act 2010, which was introduced by the Labour party, and the Prevent duties introduced in 2015. If made an Act, this legislation will never create the space to tolerate holocaust deniers.

There is at the moment no direct way for anyone to complain about freedom of speech matters other than for students against their higher education provider. This scheme will provide a route to individual redress for all students, staff and visiting speakers to back up the new strengthened freedom of speech duties provided in the Bill for providers and students unions.

[Jess Phillips]

The Secretary of State is describing all the protections that will go to the OfS. I simply ask, will any of those protections provide for compensation and regulation in cases where people are raped or sexually abused on university campuses and have no redress? Will that freedom, for those students, be included? Will they be able to get compensation when their universities mismanage their cases?

[Gavin Williamson]

I refer the hon. Lady to the comments that I made some moments ago; we have asked the Office for Students to look into this whole area to see how we can get this redress. She probably noted that I mentioned some of the conditions of registration for higher education institutions that can be part of that process. That is an area that we are looking at and have asked the OfS to address directly.

The OfS will be able to make a recommendation to the higher education provider or students union, which could include, for example, a recommendation to pay a sum in compensation, or reinstate the complainant’s job or place on a course. The scheme will be overseen by the newly created position of director for freedom of speech and academic freedom within the OfS. The director will oversee the various free speech functions of the OfS, including compliance and enforcement. The provision in clause 8 means that there will be an individual in the OfS who has exclusive focus on championing these key values in our higher education sector.

Clause 9 gives effect to the schedule to the Bill, which contains minor and consequential amendments to other legislation. These amendments are necessary to give effect to the main provisions of the Bill, and to make all the relevant legislation work seamlessly and consistently.

Of course, Government action in this area cannot by itself be enough. Cultural change is essential, but, as we have seen in so many areas, such as gender equality or anti-discrimination, cultural change occurs more readily when it is backed up by law. I began by saying that many of us take freedom of speech for granted. The facts on the ground and in universities tell us that this must change. By introducing concise, clear consequences for any breach of a freedom of speech duty, these legislative changes will preserve, protect and safeguard free speech, and open debate in our universities right now, tomorrow and for years to come. Some day—not long from now—our children will thank us for what we do today. I commend the Bill to the House.

Awarding of Qualifications: Role of Ministers

Debate between Gavin Williamson and Jess Phillips

Wednesday 9th September 2020 Commons Chamber

[Gavin Williamson]

I thank the hon. Gentleman for raising that important point. More than a third of students from Northern Ireland come to study in Great Britain, and it is important to ensure that students from all parts of the United Kingdom have those opportunities. It is something that I shall come on to later in the debate. I wish to put on record my thanks to Peter Weir, the Education Minister, who has done so much and worked so closely with us as we tackled some of these issues, including making sure that places were available for youngsters so that they had the maximum amount of opportunity when they came to make their decisions about universities.

I want to turn to the motion tabled by the Opposition. As Members of this House will know, policy can be made only through open discussion between Ministers, their advisers and departmental officials. This motion fundamentally undermines that. Officials must be able to give advice to Ministers in confidence. I am appearing in front of the Education Committee in person next Wednesday, and I will commit now to working with its members to provide the information that they request wherever it is possible.

Today, I will set out the process that was followed once the exams were cancelled back in March. In the absence of exams, we needed to come up with a robust and fair system that accurately reflected the work and abilities of each individual student. In a written statement on 23 March, I explained that the process would be based on teacher judgments, as teachers know their students best, but that other relevant data such as prior attainment would also be taken into account.

On 31 March, I directed the regulator to work with the exam boards to develop a process for providing calculated grades for 2020 and to hold an exam series as soon as reasonably possible after schools and colleges fully opened again—that is the autumn exam series that we have put in place. My letter stated that the grades submitted by centres should be standardised and that the national grade distribution should follow a similar pattern to previous years as far as possible. I also requested that students should have a right of appeal where there are errors in the process. I issued a second direction letter to Ofqual on 9 April regarding vocational and technical qualifications. From that point on, Ofqual began to develop a process for arriving at calculated grades.

At the beginning of April, Ofqual published a policy document on awarding grades for GCSEs and A and AS-levels, which was followed by a two-week public consultation, to which more than 12,700 responses were received.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Just to track back a tiny bit, was the Secretary of State’s system what Ofqual suggested to him as the best system?

[Gavin Williamson]

Ofqual, quite understandably, suggested that exams were the best system of assessment. I think that everyone on the Government Benches would agree that exams are the best form of assessment, but we have to remember the situation in March. We were in the grip of a global pandemic and had to shut down every school in the country. If the hon. Lady takes a look at the advice Ofqual gave, she will see that it clearly recognised that if schools were to close and there was no normal-running schooling system, it would not be feasible to run an exam system. Given that, we had to come up with an alternative, and that is what we asked Ofqual to do—to come up with a series of alternatives that we could proceed with.

Educational Settings

Debate between Gavin Williamson and Jess Phillips

Wednesday 18th March 2020 Commons Chamber

[Gavin Williamson]

We recognise that a small number of children will be in a special school that has a residential setting. In a number of those cases, it will be important and essential for that setting to remain open, and we will be looking at those individually to see how best we support them and, critically, how we ensure that they have the right type of staffing, as they will suffer the effects of the spread of this virus, as will other educational establishments.

[Jess Phillips (Birmingham, Yardley) (Lab)]

With regards to the voucher system that the Secretary of State pointed out, we are about to see an explosion in the number of people who are eligible for free school meals because of the downturn in the economy. Will he guarantee today that the voucher system will not just be for those who are eligible as of last week, but for those who would be eligible in the future? It has always been problematic to get people on the right benefits to claim free school meals.

[Gavin Williamson]

Yes, we can.