Higher Education (Freedom of Speech) Bill

Debate between Gavin Williamson and Lilian Greenwood

2nd reading
Monday 12th July 2021 Commons Chamber

[Gavin Williamson]

My right hon. Friend is absolutely right. So much of the legislation that goes through this place is the nuts and bolts for things that the Government must do to ensure good government and the delivery of all the things that we wish to see. However, we must not be blind to the fact that this place is also about principle, and the principle of free speech needs to be defended. There are unfortunately too many instances where people feel as if they cannot speak as freely as they wish.

[Lilian Greenwood (Nottingham South) (Lab)]

Does the Secretary of State believe in evidence-based policy making? If so, can he cite the evidence for the problem that he is seeking to address? It appears that he is manufacturing a problem in order to have today’s debate.

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[Gavin Williamson]

We are talking about principles. We are talking about the fact that what we want to do is give people the opportunity to have that freedom. Do you know what was so saddening, Madam Deputy Speaker? When we first announced the intention that we would take this action if it was necessary—

[Lilian Greenwood]

If it was necessary. Why is it necessary?

[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.

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[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.

[Lilian Greenwood]

When I heard the Universities Minister discussing this matter on the radio some time ago, she suggested that these proposals in the Bill could enable holocaust deniers to seek compensation. Do the Government really want to protect people like that and those sorts of repugnant views? Why is that the Government’s priority?

[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.

Covid-19: Educational Settings

Debate between Gavin Williamson and Lilian Greenwood

Wednesday 6th January 2021 Commons Chamber

[Gavin Williamson]

I very much join my hon. Friend in paying tribute to not just the teachers in Romford, but all those support staff who open up the schools, welcome the children and are such an important part of the fabric of that school community. In answer directly to his question, if one parent is a critical worker, it is deemed that they would have access to that school place for their child.

[Lilian Greenwood (Nottingham South) (Lab) [V]]

Many of my university student constituents have contacted me because they are desperately worried about the impact that covid restrictions are having on their learning, research, educational success, future careers, finances and mental health and wellbeing. Does the Secretary of State believe it is fair for them to continue to pay full fees and full rent when they are not receiving the university experience they expected, and what will he do to support students, especially those facing financial hardship?

[Gavin Williamson]

The hon. Lady will probably be aware that just before Christmas, the Government announced additional support for university students, with an extra package to help those youngsters who are most vulnerable. We will continue to work with the sector to look at how best we can support students and the sector as a whole.

Students’ Return to Universities

Debate between Gavin Williamson and Lilian Greenwood

Tuesday 29th September 2020 Commons Chamber

[Gavin Williamson]

We have been working closely with the whole university sector to reach out to nations right across the world to make them understand not only that we have the best universities in the world and so many of the best research and teaching universities, but that we offer a brilliant lived experience of being here in the United Kingdom and the opportunity of post-study visas, which are incredibly important. We have also been working with the Home Office to ensure that visa applications are done well and quickly, and ensuring that we have a campaign reaching out to those nations to make sure that youngsters there understand that this is a great country to study in.

[Lilian Greenwood (Nottingham South) (Lab)]

As the Secretary of State said, most university courses this academic year will now involve a blend of online and face-to-face teaching, but it is clear that those proportions might change in response to circumstances. An informal survey conducted by Disabled Students UK shows that changing learning set-ups can cause anxiety and fatigue. Many disabled students also experience issues with pre-existing conditions flaring up when they are adjusting to a new study environment, and excessive screen time can be problematic for people with some conditions. Disabled students and those with chronic conditions might also be more fearful of attending in-person classes. Will the Secretary of State assure the House that every student has the equipment and support they need to learn remotely and that the needs of disabled students are not an afterthought?

[Gavin Williamson]

The hon. Lady rightly raises an important point, and under equalities legislation there is a duty on universities to ensure that there is proper and fair provision for all students. That is what we would expect from all universities. I wonder whether she would be kind enough to share with me the details of the survey. I know that my hon. Friend the Minister for Universities would very much like to follow this up in a meeting with her to discuss it in more detail. As we have touched upon in terms of the availability of devices and the £100 million fund, I certainly hope that youngsters who are suffering with disability would be a top priority for any university, but I look forward to my hon. Friend taking this further in discussions with the hon. Lady and hopefully offering her full and total reassurance on that matter.

Awarding of Qualifications: Role of Ministers

Debate between Gavin Williamson and Lilian Greenwood

Wednesday 9th September 2020 Commons Chamber

[Gavin Williamson]

It is recognised on both sides of the House, I think, that children in years 11 and 13 are among those who have suffered the most severe disruption. I speak as a year 11 parent myself. We are very conscious of that—Annabel reminds me of it regularly.

[Lilian Greenwood]

rose—

[Gavin Williamson]

If the hon. Lady will allow me to make some progress, I am sure I will make time for her to share her views and opinions.

On 22 May, Ofqual published its decisions. The key principle of using a statistical standardisation approach was supported by 89% of those who responded to Ofqual’s consultation. It is important to remember that similar approaches to awarding qualifications following the cancellation of exams were put in place in Scotland, which, as we are all aware, has an SNP Administration, in Wales, which, as we are all aware, has a Labour-Liberal Democrat Administration, and in Northern Ireland, which, as we are all aware, has a DUP-Sinn Féin Administration. All four nations reached the same policy conclusion about the best and fairest approach for awarding qualifications.

Between April and August, the detail of Ofqual’s model for awarding grades without examinations was developed by the Office of Qualifications and Examinations Regulation and by other assessment experts in conjunction with it. It was vital that the model was seen to be fair, and we were reassured by Ofqual that it was. We explored issues, including whether disadvantaged students and other groups such as black, Asian and minority ethnic students would be treated fairly by the model. Information on this was shared at the public symposium held by Ofqual on 21 July, which made it clear that the standardisation process was not biased.

After the publication of the Scottish results on 4 August, we again sought reassurance from Ofqual about the fairness of the model. The Department also rapidly considered a number of options to reduce the risk of a similar loss of public confidence happening in England.

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[Lilian Greenwood]

Will the Secretary of State give way?

[Gavin Williamson]

I had expected the hon. Lady to intervene just a moment ago, and the hon. Member for Reading East (Matt Rodda) sneaked into her slot, so I will make some progress. I can see that she is bubbling away with interventions, possibly even provided by the Whips Office, ready to go. [Interruption.] No, that does her a disservice. As a former Chief Whip, I was obviously giving far too much credit to the Labour Whips Office for being so organised.

Following discussions, I announced the triple lock system on 12 August. This policy clearly showed my determination that we build in fairness by giving students a safety net, including being able to appeal on the basis of a valid mock result or sitting an exam in the autumn. As happens every year, we did not have sight of the full details of A-level results at individual or school and college level ahead of their release on 13 August. Over the following days, it became clear that there were far too many inconsistent and unfair outcomes for students, and that it was not reasonable to expect these to be dealt with through an appeal system.

[Lilian Greenwood]

rose—

[Gavin Williamson]

I feel I have to give way to the hon. Lady, and I will do so now.

[Lilian Greenwood]

I thank the Secretary of State for giving way, and of course I wished to make an intervention because of what he had said, but the question I want to ask is: even if he did not see those results and understand that they were having a disproportionate impact specifically on students from more disadvantaged backgrounds, why was he not able to provide assurance about what a valid mock was, and why did the appeals process, when it was published, have to be withdrawn just a few hours later, adding further confusion to an already difficult situation?

[Gavin Williamson]

All Members will remember—I think the hon. Member and I joined the House in the same year—the legislation that was taken through for the establishment of Ofqual to create an independent regulator. I would defer to my right hon. Friend the Minister for School Standards, who has been in the Department for a few years longer than I have, but I believe it has always been standard practice that we do not have sight of those qualifications at those levels, and that has been the case every single year.

When it comes to the extra measures that we put in place to ensure the maximum amount of fairness and flexibility for students and so that they were able to appeal if they felt that there was an injustice, frankly if there is anything that I can do, as Education Secretary, to enhance that fairness and to make sure they get the results they truly deserve, I will do it. [Interruption.] The hon. Member for Birmingham, Yardley (Jess Phillips) shouts from a sedentary position about charging. We made it clear that there would be no charge for those centres. She may misremember, but we always made it clear that the exam series for the autumn would be available free to students who wished to retake.

Covid-19: School Reopening

Debate between Gavin Williamson and Lilian Greenwood

Wednesday 13th May 2020 Commons Chamber

[Gavin Williamson]

My right hon. Friend is absolutely correct. The impact on children is not just educational, from not being in school, but a health and welfare one. He is equally right about the need to ensure that schools have the flexibility to be able to work within the guidelines to make the proposals work for staff and for children.

[Lilian Greenwood (Nottingham South) (Lab) (V)]

In the Government guidance for educational and childcare settings, the section on “What the latest science tells us” states that

“children…have less severe symptoms than adults”

and

“are less likely to become unwell if infected with coronavirus”.

Is there is a danger that children might be infected but asymptomatic, in school and posing a serious risk to the health and safety of school staff, other children and their families?

I welcome the Secretary of State’s agreement to publish the scientific advice, but he must have heard loud and clear that heads, teachers, support staff and parents are really worried. How will he win their confidence that it is time for schools to reopen?

[Gavin Williamson]

At the heart of every step we take on schools returning is the safety and security of those who are in schools, whether it is a child, teacher, teaching assistant or any other support staff. That is why we are doing a phased return. We are ensuring that we take small steps forward and minimise the risk to all those who are attending schools and working within them.

Educational Settings

Debate between Gavin Williamson and Lilian Greenwood

Wednesday 18th March 2020 Commons Chamber

[Gavin Williamson]

I can absolutely guarantee that schools will be fully reimbursed for the costs they incur as a result of providing those meals. Obviously, we would look at ensuring additional help as a long-term measure. I will certainly take up my hon. Friend’s final point with the Secretary of State for Environment, Food and Rural Affairs, who will be looking at such matters.

[Lilian Greenwood (Nottingham South) (Lab)]

I welcome the announcement that education settings are being encouraged to continue looking after the children of keyworkers, and vulnerable children, during the Easter holidays. But the Secretary of State knows that many school support staff are only paid for term-time working. Although I know that those dedicated staff will do all they can to help in a national crisis, I am sure he does not expect them to work for free, so will schools be supported to meet those extra staffing costs?

[Gavin Williamson]

Yes, they will be.