Higher Education (Freedom of Speech) Bill

Joanna Cherry Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

This Bill will not apply in Scotland, and I could not give it my wholehearted support if it did, because I share some of the reservations already expressed in the debate, particularly those expressed by my hon. Friend the Member for Glasgow North West (Carol Monaghan). However, I want to be clear that, as she acknowledged, there is plenty of evidence to suggest that there are problems with freedom of speech in our universities.

In 2018, the Joint Committee on Human Rights, of which I am proud to be deputy Chair, published a report into freedom of expression in universities, in which we found that there were issues and recommended some reforms. We heard evidence about a number of problems, including attempts by students to no-platform leading feminists and LGBT activists with a lengthy pedigree in campaigning for LGBT rights, simply because they had engaged in critical debate about issues around feminism and trans politics. We also took evidence from student unions, which argued that it is necessary to limit speakers who, as they put it, “cause harm through speech”. We on the JCHR were concerned that such an approach is detrimental to free speech and could prevent certain debates and viewpoints from being heard, so we were very careful to emphasise that the right to free speech includes the right to say things that, although lawful, others might find offensive.

Sadly, since 2018 the treatment of leading feminists and lesbian activists engaged in critical debate about issues around feminism and trans politics has worsened at the hands both of student unions and of university authorities. Others have spoken about the attack on Julie Bindel, a well-known feminist activist who was attacked outside an event at Edinburgh University after she had spoken about male violence towards women. Attendance at that event effectively ended the careers of two of the Scottish Parliament’s most outstanding MSPs, my friends Joan McAlpine and Andy Wightman. At the same time, Ann Henderson, the well-respected Labour activist who was rector of the university, feared for her own safety on campus after students repeatedly falsely accused her of transphobia. The university failed to take appropriate action to deal with the hostility directed against her. That was not an isolated incident. Another well-respected feminist academic at Edinburgh University, my friend Shereen Benjamin, has faced considerable problems. Both Shereen and Ann are Labour activists. Their comrades should defend them.

I have spoken before in this Chamber about the abuse, threats of violence and deplatforming directed against Professor Selina Todd, Kathleen Stock and Rosa Freedman at universities across England. Others have mentioned a recently published report on similar events at Essex University, which identified that part of the problem is that universities are not correctly applying the law under the Education (No. 2) Act 1986. The Chair of the Joint Committee on Human Rights, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), raised that with the Secretary of State when she wrote to him about the Bill. In fairness to him, he did take the trouble to deal with her detailed concerns about the Bill, and copies of both her letter and his can be read on the JCHR website.

The important thing about the University of Essex report on the cancellation of one speaking event and the decision to rescind an invitation to another is that both of those events concerned gender-critical feminists. The report found that the university’s decisions were unlawful and recommended that apologies be made. It also highlighted that the university appeared to misunderstand and misrepresent equality laws, to the extent that the impression was given to members of the university that gender-critical academics seeking to exercise their right to free speech could be excluded from the institution.

Thanks to the Employment Appeal Tribunal’s important decision on discrimination law in the case of Forstater v. CGD Europe, we now know that gender-critical beliefs are protected under the Equality Act 2010. I think, therefore, that it is the Equality Act, more than anything else, that universities need to look at to solve this problem, because it is frequently being misconstrued or ignored in universities, and I am afraid to say that that is a symptom of a wider malaise. To quote the best-selling author and founder of the Positive Birth Movement, Milli Hill,

“those who are being dragged to the pyre are…in most cases, lifelong left-leaning, open minded, educated and tolerant women, often with a history of supporting minority groups”.

The efforts to silence us extend to violence and threats of violence, which many in a position of power are too afraid to condemn. There is not much point in pious words about standing up against the abuse of women but then doing nothing when that abuse is going on right under your nose. University authorities often look the other way or, worse still, participate in the witch hunts against lifelong feminists who simply want to make sure that women’s voices and women’s concerns are heard in important debates.

This Bill might not be the best way to deal with those problems as they represent themselves in the university sector. It is flawed but at least it acknowledges that there is a problem, and those who say that there is not a problem are simply ostriches with their heads in the sand.