Higher Education Regulatory Approach

Helen Hayes Excerpts

Wednesday 15th January 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Select Committee.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I thank the Secretary of State for confirming the Government’s approach to the implementation of the Higher Education (Freedom of Speech) Act 2023, and I welcome the clarity that she has provided today.

The implementation of the Act will present some challenges for universities and for students. The Secretary of State will know that there can sometimes be a fine line between free speech and hate speech, and between statements of views and opinions and incitement or encouragement to violence or intimidation in the real world. Can she assure the House that she will ensure that universities and students are absolutely clear about the limits to free speech, which are already enshrined in law, and that support will be provided on the interpretation of that when it is needed?

Professor Shitij Kapur, vice-chancellor and president of King’s College London, has said:

“Universities are not there to function as a Speakers’ Corner where anyone can stand up and express an opinion not necessarily supported by facts. If academic freedom is to mean anything, it must be accompanied by the academic obligation for ideas and claims to be accompanied by evidence and reason. Proponents have an obligation to engage and respond to those questioning their assertions and conduct that debate and discourse in a civil manner.”

How will the Secretary of State ensure—particularly as the erosion of fact-checking and moderation on social media is taking place before our very eyes—that the implementation of the Act results in a high quality of evidence-based discourse conducted in a culture of civility?

[Bridget Phillipson]

I am grateful to my hon. Friend for her questions and her approach, and I look forward to discussing these issues with the Select Committee in due course should its members so wish.

My hon. Friend’s point about disagreement is important. Free speech should be robust and we should be able to express our views, but all of us, especially those in public life, have a duty to ensure that we do so in a way that is responsible. As for the tort—this is at the heart of the issue that she has identified—I was concerned that the potential impact of legal proceedings and the financial consequences for providers of breaching their duties under the Act might have led to some providers unduly prioritising free speech that is hateful or degrading over the interests of those who feel harassed and intimidated. These issues can be finely balanced. We will provide further clarity through the Office for Students, but let me make it clear that academic freedom and freedom of speech are crucial tenets of our country’s history.