Higher Education (Freedom of Speech) Bill

Debate between Jess Phillips and John McDonnell

Report stage
Monday 13th June 2022 Commons Chamber

[Jess Phillips]

I will absolutely come on to naming some of those institutions. As I said, this was found by Elle magazine, which is collecting this data, unlike the Government at the moment. The article said the student claimed this arrangement felt

“worse than the assault—Dealing with this abuse of power was far more traumatic. It was emotionally exhausting and humiliating.”

Earlier this year, the Express took a day off from talking about Princess Diana and its investigation revealed that more than 3,500 cases of assault were reported in 78 institutions in the UK in the last five years. The figure consists of confirmed cases of sexual violence and disclosures made by both staff and students pending investigation. The 135 freedom of information requests sent to every university in the UK also revealed that many do not record figures of sexual assaults, so the overall number is likely to be much higher. So it is, “Just don’t record it and then it doesn’t happen.”

In 2020, a BBC investigation found that over 300 NDAs were used by universities in student complaints between 2016 and 2020, and that almost a third of all universities in England had used such deals in these circumstances. The probe discovered that universities had paid out £1.3 million on these deals, although the true scale is thought to be much larger. The campaign Can’t Buy My Silence was started by the brilliant and formidable Zelda Perkins, once an assistant to Harvey Weinstein and someone who had an NDA imposed on her related to his crimes, and Professor Julie Macfarlane. Their campaign has survivors’ testimony reporting that NDAs had gagged them from speaking of their experiences with family or loved ones, or even their therapists. I pay tribute to them and the work they are doing alongside the Minister, whom I know speaks to them. However, like me, they agree that legislation is necessary to tackle this.

So far, 66 universities have signed the Government’s pledge. I made this speech on Second Reading and since then the Government added “looking at non-disclosure agreements” into the violence against women and girls strategy, which was published late at the end of last year. I stand here in complete respect for the Minister. She has sought to do what she can to improve the situation. She has worked with the campaigns that I have talked about to get universities signing pledges. She is working with the Office for Students to look at regulation and at what needs to happen if these things are breached. Every Member of Parliament will have had to try to get a regulator to do something about their bad cases, and we are here with universities signing “pledges”. I do not know how we are going to know whether they are breaking their pledge if people have been gagged.

So far, 66 universities have signed the Government’s pledge. That is great, but why haven’t the others? I encourage every university to do this. There are over 130 universities in the UK. What about those students? What about their right to speak out? As the hon. Member for Rutland and Melton (Alicia Kearns) pointed out, she would want to hear about this. I am not going to list all the universities that have not signed it, but here are some: the University of Cambridge, King’s College London, the London School of Economics, the University of Wolverhampton and the University of Sunderland. That is just to name a few. Perhaps it is taking time and perhaps they are getting around to it. I very much encourage them to do it.

Just to show the House what I am talking about, I have an example here of one of these NDAs. This is the kind of thing that students are asked to do. It is not necessarily called a non-disclosure agreement, and that is a way out of this; the right hon. Member for Basingstoke (Dame Maria Miller) and I often challenge organisations when they say they do not have NDAs, because we have them in our inboxes and they call them something else. They will call them a “confidentiality agreement”. In lots of cases in universities we have seen the growth of “no contact arrangements”.

I will read this agreement out—this is from the university. It says, “We recognise the sensitive nature of the allegation involved. In consideration of our duty of care to both parties, we have therefore concluded that in the interest of both parties a non-contact arrangement is required.” This young woman who had been raped was told, exactly as the person accused of raping her was told, that she had to stay out of certain places; she could not go to certain things at certain times. She was told that she, “Is not to enter the building”, that her, “Fob access will be disabled” and that she is, “Not to enter the building unless for tutorials and classes notified in advance.” She is told, “Fob access will be disabled unless we have had advance notification”—this is a rape victim being told that she has to report to a guard so that she can go to her classes. She is also told, “You are asked not to make any information about these allegations, the police investigation or the safeguarding arrangements that we have made available on any form of public media”—so she should not talk about this document. Finally, she is told, “Evidence of repeated breaches of this arrangement and/or a serious breach of conditions—entering an embargoed building or publishing material in the press—will result in your expulsion.” That is from one of the finest universities in the world.

This is about people’s silence, but not just their silence; it is about their movement, their freedom and every element of their freedom of expression being stopped. Yet there is nothing in the Bill about freedom of speech, freedom of expression or freedom to study. There is nothing that the Government are proposing to do or to put in legislation. I simply do not understand why they would not have taken this opportunity to do something.

I met the Minister last week and, as I said, I do not doubt her total and utter commitment. Incidentally, she said earlier that “legislation of this nature can spur culture change.” Yet she told me last week that legislation is not always the answer—[Interruption.] I will take the intervention, by all means. No? Okay. She also explained to me that the Office for Students is looking at regulation to, for example, take away the status of a university if it is guilty of a breach. I responded—and I say again—that the idea that a rape victim who has signed a non-disclosure agreement will take down Cambridge University is the stuff of cinematic hopeful glory. I will believe that when I see it, which everybody in this building knows will be never. Why would we want to push universities and victims into that position? Why would we not legislate to stop the use of non-disclosure agreements?

[John McDonnell (Hayes and Harlington) (Lab)]

I do not want to spoil the flow of my hon. Friend’s incredibly eloquent speech, but non-disclosure agreements not only apply to students but are used extensively with staff. When we have discussed this issue before, the argument has been that there is sufficient employment law to deal with these matters. There clearly is not, because it does not reflect the balance of forces between employer and employee and the delays that take place. Surely we must legislate to scrap NDAs altogether, and the first step could be the inclusion of my hon. Friend’s amendment in the Bill.

[Jess Phillips]

I absolutely agree, and the amendment clearly covers staff being able to talk about their experiences. The Minister cited a member of staff who felt compelled to leave their employment because of what the Minister rightly pointed out was bullying. Had that member of staff signed a non-disclosure agreement, the Minister would never have been able to talk about them, and nor would that particular employee of that particular university. We would not even know what had happened. Had a non-disclosure agreement been signed in that case, which was, I believe, at the University of Sussex, the Minister would not have had her helpful example.

I took part in a debate on the television the other day about freedom of speech. A Government Member of Parliament, who I like and respect, turned to me and said, “The thing is, Jess, that no one can be forced to sign a non-disclosure agreement”—I just said my own name. Is that allowed? I don’t have to refer to myself as the hon. Member for Birmingham, Yardley?