Higher Education (Freedom of Speech) Bill

Debate between John Hayes and Jess Phillips

Report stage
Monday 13th June 2022 Commons Chamber

[Jess Phillips]

Yes, that’s right.

That Government Member said, “You can’t be forced to sign”, but that is to totally misunderstand the power imbalance. Someone might have worked hard and be the first in their family to go to university. They might have studied and done everything they could, because they wanted to go and make something of themselves. They might get into an institution that they are proud to say they are from. The fact that they could be raped on that campus by another student and complain, but then be threatened that they will be expelled if they speak out points to an enormous power imbalance. It is something that this House should legislate on for the sake of freedom of speech.

I welcome the Minister saying that she will take the proposals away, listen and perhaps do something in the House of Lords later in the process, but under this Bill, without our amendments, if a woman or a man, whether staff or student, is raped on campus, that person’s freedom of speech will be completely and utterly denied on campus and outside, and we would do nothing about it. Freedom of speech surely has to mean freedom of speech for all.

[Sir John Hayes]

Benjamin Disraeli said:

“Upon the education of the people…the fate of this country depends.”

That greatest of Conservative Prime Ministers went on to say:

“A university should be a place of life, of liberty and of learning.”

However, if the flame of liberty is to burn brightly, and if the university sector is to be a beacon of learning, we must face up to the fact that, in many of our universities, freedom of speech is in jeopardy, censorship is happening as we speak tonight, and academics and students feel intimidated by that censorship.

We know that from the evidence that the Bill Committee heard from academics on the frontline of that struggle. The shadow Minister, the hon. Member for Warwick and Leamington (Matt Western), quoted Professor Arif Ahmed, who was clear that there is a series of means by which universities restrict and limit freedom of speech. He said:

“what I mean is universities placing formal obstacles in the way of people saying things that are perfectly legal.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 13, Q22.]

He went on to say, quoting the Universities and Colleges Union survey of 2017, that

“35% of academics self-censor”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 16, Q27.]

because they are nervous about saying what they truly believe; the number of students doing so is probably even greater. The truth is that there is a tyrannical minority in universities, among the academic staff and in the student body, who do not believe that universities are places of light, liberty and learning; instead, they think that universities should limit free speech.

I find it hard to understand why Opposition Members such as the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy), whom I respect greatly, and the hon. Member for Warwick and Leamington, with whom I have—I was going to say “collaborated”, but that makes me sound rather like a fifth columnist—co-operated in this place on many subjects, oppose a Bill designed to reinforce precisely the freedoms that are essential to an open society. I thought about that and cogitated on how it could be that such decent and honourable people—I include the hon. Member for Cambridge (Daniel Zeichner) as well—could do this.

In doing so, I should draw the attention of the House to my entry in the Register of Members’ Financial Interests in respect of higher education, as I did perpetually and—some people felt—relentlessly during the previous stages of our consideration of the Bill. By the way, I stimulated a number of others to do the same, and I have no doubt that they will want to chip in on a similar basis this evening.

The conclusion I drew, having thought about it, was that those decent people on the Labour Benches who certainly believe in free speech and the exchange of honestly held opinion find that hard to reconcile with a zeitgeist that is preoccupied with a fear of causing offence. We are perpetually told now that because we must not make people feel uncomfortable, we must not offend them. We in this House know, do we not, that the ability to alarm is closely associated with the ability to inspire, that the ability to disturb is intrinsically linked with the ability to enthral, and that even the capacity to shock is necessary in the development and exposure of new ideas and fresh thinking?