Universities: Free Speech

Baroness Smith of Malvern Excerpts

Tuesday 1st April 2025 Lords Chamber

[Baroness Ludford]

To ask His Majesty’s Government what advice they are giving to universities following the fine imposed by the Office for Students on Sussex University for breach of free speech obligations.

[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

My Lords, the regulatory case report to which the noble Baroness referred underlines the importance of good governance and academic freedom in higher education. The Office for Students will shortly be writing to relevant providers on this important issue and offering support and advice. It will be publishing updated guidance for the higher education sector to support it to understand how to comply with its duties in relation to freedom of speech and academic freedom.

[Baroness Ludford (LD)]

I thank the Minister for that Answer. I welcome the robust backing that the Education Secretary, Bridget Phillipson, has given to the Office for Students’ insistence, via a hefty fine, on respect for free speech at Sussex University—including for academics such as Kathleen Stock, whose expression of a revolutionary belief about the reality of biological sex got them hounded and abused. I note, though, that Sussex University is indicating defiance of the OfS ruling. Will Education Ministers, not just the OfS, ensure that universities are persuaded not only of their intellectual duty to respect free debate but of their obligation not to waste taxpayers’ money, especially when they are complaining about a shortage of funds?

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that we have robustly defended academic freedom. We believe that universities are places where academics need to be able to express and research contested ideas, where individuals need to be able to express lawful speech, and where that freedom of speech needs to be respected. We will continue to ensure that that is the case. Universities are autonomous organisations, but I am sure that they will have heard the point made by the noble Baroness about spending their money.

[Baroness Levitt (Lab)]

My Lords—

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[Baroness Levitt (Lab)]

My Lords, I declare an interest as a parent of a trans child. Does the Minister agree that, in the exercise of everybody’s inalienable right to lawful free speech, it is in the interests of all concerned that publicly stated views about these matters are given in a measured way that enables mature and informed discussion about a challenging issue?

[Baroness Smith of Malvern (Lab)]

My noble friend is exactly right: it is wholly possible to carry out the sort of important research that the noble Baroness referenced, including in the area of gender-critical research, and to treat trans people with the respect that they deserve and ensure that they are able to play their full role in our society.

[Lord Young of Acton (Con)]

My Lords, in the light of the Office for Students’ finding that Sussex University’s trans and non-binary equality policy is incompatible with the registration conditions imposed by the Office for Students on all English universities, which require them to uphold free speech and academic freedom, would the Minister advise all universities to review their EDI policies to ensure that they do not chill lawful speech and are not incompatible with their regulatory compliance requirements?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right that part of the ruling was about the specifics of the University of Sussex’s trans and non-binary policy and its failure to recognise the requirements on the university to ensure freedom of speech and academic freedom. I hope that all universities will look carefully at this ruling and will note its second element, which was around the governance to consider issues such as this. All universities need to be clear that these important decisions, and sometimes these challenging conflicts, need to be considered at the highest possible level and with the strongest possible governance.

[Lord Alton of Liverpool (CB)]

My Lords—

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[Lord Alton of Liverpool (CB)]

My Lords, will the Minister ask the Secretary of State, Bridget Phillipson, to share with her a letter that was sent on 20 March by 10 of us, including Professor Steve Tsang, Charles Parton and Professor Michelle Shipworth—who was banned from teaching a course at University College London, after complaints from students from the People’s Republic of China that she had shown slides detailing slave labour in Xinjiang? Has the university sector become too reliant on funds from the PRC? Will the Minister read the warnings in the 2023 Intelligence and Security Committee report and agree to meet with the signatories of that letter?

[Baroness Smith of Malvern (Lab)]

I have met with some of the signatories of that letter. The measures we are implementing as part of the wider freedom of speech Act will further strengthen protections from overseas interference in academic freedom, with the new complaints scheme offering focused routes for concerns to be raised. The Government expect universities to be alert to a range of risks when collaborating with international partners, for example, and to conduct appropriate due diligence to comply with legislation and regulatory requirements, including potential threats to freedom of speech and academic freedom. We will keep all our protections under review, including confirming final decisions on the provisions relating to the overseas funding measures in the freedom of speech Act. It is enormously important that that type of academic freedom and research is facilitated and promoted in our world-class universities.

[Baroness Royall of Blaisdon (Lab)]

My Lords—

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[Baroness Royall of Blaisdon (Lab)]

My Lords, I remind noble Lords of my entry in the register. Will my noble friend the Minister join me in celebrating the fact that the vast majority of academic scholars and students recognise that freedom of speech is the lifeblood of our universities? I do not expect my noble friend to comment, but I reflect on conversations I had last week with academics in Texas, Washington and New York. They do not have freedom of speech; they live in fear.

[Baroness Smith of Malvern (Lab)]

The reason we have a world-leading higher education sector in this country is the excellence of the academic research and teaching that is carried out in the sector. It is important that we do everything that we can to safeguard that, for the good of our academics, individual students and our country as a whole.

[Baroness Brinton (LD)]

My Lords, does the Minister agree that the Office for Students has acted in a quasi- judicial capacity in this case and yet is also expected to work with universities to find evolving solutions to increasingly complex cases? Could the Minister advise how the Office for Students might balance its enforcement responsibilities with its advisory role to support the sector to navigate these and other issues?

[Baroness Smith of Malvern (Lab)]

The relationship between the functions that the noble Baroness outlines is not necessarily unusual for regulatory bodies. I am sure that the Office for Students in particular thinks carefully about it. Obviously, there has been a lot of thought on the role of the Office for Students with respect to freedom of speech, and I am sure that it is continuing to consider that.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Government have rightly acknowledged the importance of increased defence spending. Given media reports of intimidation towards defence industries and the Armed Forces at higher education recruitment events, we must ask the Minister this: what steps are the Government taking to ensure that such events take place without issue?

[Baroness Smith of Malvern (Lab)]

It is wholly wrong if those events are not able to take place on our campuses or if there is interference in the very important research that our universities are taking part in. That is primarily the responsibility of the higher education institutions themselves, but I am absolutely clear that that is an important part of what should be happening in our universities.

[Baroness Bennett of Manor Castle (GP)]

My Lords—

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[Baroness Deech (CB)]

My Lords, I am sorry to say that there are two sides to this freedom of speech debate. In many universities, if not most, Jewish students have been howled down, barricaded and assaulted, whereas on the other side, hate speech has been directed at them. Does the Minister agree with me that a clear line needs to be drawn between freedom of speech and hate speech, and that, while we concentrate on transgender and other issues, Jewish students are being overlooked and not protected?

[Baroness Smith of Malvern (Lab)]

I was able to discuss that directly with Jewish students at a Friday evening dinner event hosted by the University of Birmingham’s Jewish Society, which I attended here at the House of Lords. It is not wholly right for the noble Baroness to suggest that the Government are taking no action. We are making £7 million available to the education system as a whole to tackle antisemitism. We have been clear, in the careful approach that we have taken to implementing freedom of speech provisions, that we need to protect students from some of the issues she outlined. We will continue to be clear that universities need to be places where all students can carry out their studies, confident of both the protection of their freedom of speech and of their ability to be there in the first place and to succeed.