Higher Education Regulatory Approach
Debate between Judith Cummins and Bridget Phillipson(1 week, 1 day ago)
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The Secretary of State for Education (Bridget Phillipson)
With permission, I shall make a statement on the Higher Education (Freedom of Speech) Act 2023.
In July 2024 I paused further commencement of the Act in response to concerns raised by a cross-section of voices. I took that decision because it is vital that we get this right. Our universities are one of this country’s greatest strengths, and I know Members across the House share my pride in a truly world-leading sector. At the centre of that excellence sit academic freedom and freedom of speech. The ability of our academics to explore and express new ideas through teaching and research is precious and we must protect it.
These fundamental freedoms are more important—much more important—than the wishes of some students not to be offended. University is a place for ideas to be exposed and debated, to be tried and tested. For young people, it is a space for horizons to be broadened, perspectives to be challenged and ideas to be examined. It is not a place for students to shut down any view with which they disagree.
Here is our starting point: academic freedom matters and freedom of speech matters, and we will preserve those two pillars of national strength, but we will proceed in a way that actually works. That is why we have carried out extensive engagement covering all corners of the debate: academics, universities, students; those for the Act and those against. All voices were heard.
I was especially keen to consider the views of minority groups, to learn how the Act might affect them, particularly given the shocking rise in antisemitism on campus. Standing here in this great Chamber of debate, I remain resolute about the importance of free speech, but our engagement on the Act has raised concerns that any responsible Government must take seriously. What was being proposed simply did not rise to the challenge: unworkable duties on student unions, a tort clogging up the court system, and the Office for Students obliged to consider a vast number of complex complaints.
There are also serious concerns over the Act’s potential impact on the welfare of minority groups. Many are worried that it could lead to increased harassment and discrimination on campus, and that the Act could push providers to overlook their safety. I share their concerns.
I reiterate that I am appalled by the rise in antisemitism on campus. In my view, rising antisemitism is best tackled through education, which is why I have confirmed £7 million in funding to tackle antisemitism in schools, colleges and universities.
I have reached a way forward that I believe is effective and proportionate, delivering an Act that is fair and workable. My decisions, subject to agreement from Parliament, will ensure that our higher education sector and the Office for Students continue to protect academic freedom and freedom of speech while ensuring the safety of minority groups.
I propose implementing key elements of the Act and returning others to Parliament for decisions on their amendment or repeal. I propose shortly commencing the following requirements currently in the Act: the duties on higher education providers to take reasonably practicable steps to secure and promote freedom of speech within the law; the duty on higher education providers to put in place a code of conduct on freedom of speech; and the ban on non-disclosure agreements for staff and students at higher education providers in cases of bullying, harassment and sexual misconduct. I also plan to commence the duties on the OfS to promote freedom of speech and the power to give advice and share best practice.
I will retain the director for free speech and academic freedom role, and I am pleased that Dr Ahmed will be staying on. I have complete confidence in Dr Ahmed. However, in my view, it is not right for this position to be a political appointee. The director should, of course, hold a deep belief in free speech and academic freedom, but their independence matters, and therefore their appointment must be free from any suspicion of political bias. Sir David Behan’s review of the OfS, commenced under the previous Government, recommended we reconsider how all OfS executive and board appointments should be made. I will decide on that shortly.
While there is much in the Act that is valuable, there are provisions that I do not believe to be proportionate or necessary, and which will drain resources from providers and distract from the other important issues they face. It is therefore my intention to return to Parliament to seek the repeal of two provisions.
The first is the duties on student unions in the Act. Student unions are neither equipped nor funded to navigate such a complex regulatory environment, and they are already regulated by the Charity Commission. However, I fully expect student unions to protect lawful free speech, whether they agree with the views expressed or not. I also expect HE providers to work closely with them to ensure that that happens and to act decisively to ensure their student unions comply with their free speech code of conduct.
The second provision I will seek to repeal is the tort. I have heard the views in favour of the tort, and understand the arguments being made. However, it would create costly litigation that would risk diverting resources away from students at a time when university finances are already strained. Members can be assured that the remaining routes of redress have plenty of teeth—the Office for Students will have powers to take tough regulatory action where universities and colleges do not meet their duties. Ultimately, an Act needs to be workable for its teeth to bite. How would Conservative Members rather our universities spend their time and resources: by lawyering up, or by focusing on high-quality teaching and groundbreaking research? In fact, the fear of litigation could hurt rather than help free speech, as universities may decide against inviting challenging speakers to avoid ending up in court, and nobody wants that.
I have a message for vice-chancellors who fail to take this seriously: protect free speech on your campuses or face the consequences. For too long, too many universities have been too relaxed about these issues, and too few took them seriously enough—and that must change.
There are other elements of the Act that I am planning to retain, but, with parliamentary agreement, to amend. I propose keeping a complaints scheme in place with the OfS. It is an important route of redress for anyone whose academic freedom or free speech has not been protected, and there must be a route for righting wrongs. However, it must be proportionate: the OfS should have the power to consider complaints, rather than a duty to assess every single complaint it receives, including those that are poorly put together or nonsensical. This way, the OfS will be freed up to prioritise the most serious complaints. I also want to remove the confusing duplication of complaints schemes for students. The Office of the Independent Adjudicator can already consider student complaints on free speech, and will continue to do so. The OfS complaints scheme will focus on complaints from staff, external speakers and university members.
I will also amend the OfS’s mandatory condition of registration to give it flexibility in how it applies this condition to different types of providers. The OfS should have room to determine the best way to regulate on a case-by-case basis. That is the only way to deliver a sensible system that actually works.
Finally, I will take more time to consider implementation of the overseas funding measures. I remain fully committed to tackling cases of interference by overseas Governments, and the wider measures in the Act will further strengthen our protections. However, I want to ensure that any new reporting requirements for providers add value without being overly burdensome. We continue to work at pace with the sector on the wider implementation of the foreign influence registration scheme. My officials are working across Government and with the sector to review our response, and I will confirm my final decision in due course.
I intend to draft a policy paper to set out these proposals in more detail and will return to the House when it is ready. Where I am returning matters to Parliament, I will keep them under review in the meantime.
Our universities are leading lights of learning. They are spaces for vigorous discussion where people of all ages, faiths and backgrounds can come together to debate new ideas. I call on universities to promote a culture of disagreeing well. There is already excellent work going on across the sector, but we must see more.
Let me be clear that students have a duty as well: to embody that spirit of debate that makes our universities great, and not to simply try to cancel any views with which they disagree. This Government will secure freedom of speech in legislation that is practical, proportionate and workable, but legislation alone will never be enough. Freedom of speech is not easy. It is not just a right, but a responsibility. If we want a culture of debate that is robust yet respectful, challenging yet considerate, and strong yet civil, we must all do our part to nurture it. The freedom of speech Act provides a legal framework, but it is up to all of us every day to build a culture of truly free speech. I commend this statement to the House.
Higher Education Reform
Debate between Judith Cummins and Bridget Phillipson(2 months, 2 weeks ago)
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The Secretary of State for Education (Bridget Phillipson)
With permission, I would like to make a statement about the future of our higher education sector and the changes that we will be making for students in the upcoming academic year, 2025-26.
Before I go further, I want to make clear the approach that this Labour Government take to our universities and, above all, to the students whose education is their central purpose, because the Conservative Government did not just talk down universities; they talked down the aspirations of working-class families across our country, and they dismissed the ambition of our young people and undermined their opportunities. This Government take a different approach. We are determined to break down the barriers to opportunity, and higher education is central to that mission.
Higher education is part of what makes our country great. It enriches our culture, powers our economy and sustains intellectual traditions stretching back centuries. It is a beacon of opportunity—to students not just from this country, but from across the world—and a sector of which everyone in this House ought to be proud. But when this Government took office in July, we found a university sector facing severe financial challenges. With tuition fees frozen for the last seven years, universities have suffered a significant real-terms decline in their income. We also found a regulator subject to political whim, unable to focus on the challenges our universities face. A succession of Conservative Ministers faced with tough decisions had, for year after year, ducked them time and again.
We inherited in our universities, as across so much of our public sector, the consequences of long years of shameful abdication of responsibility: long years in which I heard too often from students of the gap between the course they were promised and the experience they had, about the trouble they had making ends meet as they worked hard not merely at their studies but often at two or more jobs on top; long years in which I saw the amazing research our universities deliver but how infrequently those triumphs drove wider success; and long years in which I heard from international students, who make such an important contribution to our country, that the previous Government had made them feel neither valued nor welcomed. That is the mess that Opposition Members left behind, but where the Conservatives shirked the hard choices, this Government have not hesitated to grip the challenges we face and take the tough decisions to restore stability to higher education, to fix the foundations and to deliver change.
We have accepted in full the recommendations of the independent review of the Office for Students. We have also brought new leadership to the office and refocused its work to monitor universities’ finances and to hold leadership to account. I thank Sir David Behan for his work both leading the independent review and now as its interim chair. We have paused the commencement of the last Government’s freedom of speech legislation while we consider the impacts on universities, students and the regulator, because although universities must be home to robust discussion and rigorous challenge, regulation must also be workable.
I am here today to make two sets of announcements on higher education reform, addressing the challenges our students and universities face, and gripping these issues as a responsible Government. First, we will fix the foundations. We will secure the future of higher education so that students can benefit from a world-class education for generations to come. That is why I am announcing that, in line with the forecasts set out in the Budget last week, from April 2025 we will be increasing the maximum cap for tuition fees in line with inflation to £9,535—an increase of £285 per academic year.
I understand that some students may worry about the impact that the increase will have on their loan debt, so I want to reassure students already at university that when they start repaying their loan, they will not see higher monthly repayments as a result of these changes to fee and maintenance loans. That is because student loans are not like consumer loans; monthly repayments depend on earnings, not simply the amount borrowed or interest rates, and at the end of any loan term, any outstanding loan balance, including interest built up, will be written off.
Increasing the fee cap has not been an easy decision, but I want to be crystal clear that this will not cost graduates more each month as they start to repay their loans. Universities are responsible for managing their own finances and must act to remain sustainable, but Members across the House will agree that it is no use keeping tuition fees down for future students if the universities are not there for them to attend, nor if students cannot afford to support themselves while they study. I therefore confirm that we will boost support for students with living costs by increasing maximum maintenance loans in line with inflation, giving them an additional £414 a year in ’25-26. I also confirm that from the start of the ’25-26 academic year a lower fee limit of £5,760 will be introduced for foundation years in classroom-based subjects such as business, social science and humanities. The Government recognise the importance of foundation years for promoting access to higher education, but they can be delivered more efficiently in classroom-based subjects, at a lower cost to students.
The change that the Government are bringing about must go further, so my second set of announcements signals the start of deeper change for our students, our universities and our country. Today, I will set out the scale of our ambition to build a higher education system fit for the challenges not just of today but of tomorrow. In the months ahead, we will publish our proposals, because in universities, as across our public services, investment can come only with the promise of major reform. The contribution of higher education to our economy, our communities and our country must grow and strengthen. That begins with universities doing more to spread opportunity to disadvantaged students, in both expanding access and improving outcomes. Our most recent data shows why. The gap between disadvantaged students and their peers in progression to university by age 19 is the highest on record. I will not tolerate that shameful divide any longer. Universities can and must do more, and they must rise to the huge challenge of technological change, supporting adults with the flexibility that they need to retrain. That is why we confirmed in the Budget that we are pressing ahead with the lifelong learning entitlement.
While the UK is home to many world-class universities, it is time that all students in higher education in this country feel the benefit. It is time to raise the bar further on teaching standards, to improve our world-leading reputation and drive out poor practice, and it is time to ensure that all students get good value for money, which, if we are honest, has not always been the case in the past. Furthermore, universities must do more to raise their impact beyond their gates. They must do more to drive the growth that this country sorely needs by attracting talent from around the world, joining with Skills England, employers and partners in further education to deliver the skills that people and businesses need, and shaping world-class research to create good jobs across the country. Members across the House will know how important universities can be for the areas that surround them—not just local economies but local communities. I want universities to work harder to embed themselves in those local communities, as civic anchors—the beating heart of local life in our towns and cities—not ivory towers far from local concerns.
Lying beneath those challenges must be a further transformation: a renewed drive for efficiency. Students and taxpayers support the costs of our universities. They are right to expect that every penny is spent effectively. We will not accept wasteful spending. Universities must rise to the challenge, which means ensuring that the pay of their top teams is fair and justifiable. I am determined that our world-class higher education sector does not merely survive in the years ahead but thrives, supporting students in every corner of our country and at every stage of their lives. I am determined that our universities become all that I know they can be. The scale of our ambition demands a new approach, rooted in partnership, so I look forward to partnering with the sector, the Office for Students and UK Research and Innovation. I will work closely with Ministers across Government, in particular the Secretary of State for Science, Innovation and Technology, to deliver a reformed and strengthened higher education system for our country.
As today the Government look to the future, I am reminded that more than 60 years have passed since the Robbins report on higher education was presented to this House, with its famous principle
“that courses of higher education should be available for all those who are qualified by ability and attainment to pursue them and who wish to do so.”
That principle drove the expansion of higher education over the decades that followed, under successive Governments of both parties. It is central to the thinking of this Government today. That is why responsible Governments must treat universities not as a political battleground but as a public good. It is why Government Members want to see the continued success of our young people, and it is why we are determined to ensure the sustainability and success of our higher education sector, not just in the years ahead but for decades to come. I commend this statement to the House.
Bridget Phillipson
Amid the faux outrage that we just heard from the shadow Education Secretary, I did not hear whether she will support the measure. She, like her party for many months during the election campaign, had nothing to say other than doing down the ambition and aspiration of young people and their families who want the opportunity to go on to university. The Conservatives went into the last election determined to ensure that fewer young people had the chance to go to university. That is shameful, and it is something that Labour will never back. Young people with talent and ambition, and their families, want a Government who recognise it.
It is little wonder that, at the ballot box on 4 July, the right hon. Lady’s party got a clear message. It is just a shame that in the time since, there has been no reflection on why that was. The Conservatives have learned nothing from their years of failure. They ducked the tough decisions for years. I make it absolutely clear to the House that I do not take any pleasure in this decision—it is not one that I want to take—but I am determined to secure the long-term financial sustainability of our world-leading universities. She is right to recognise their success. They are beacons around the world, and that necessitates tough decisions—decisions that she and her colleagues in the Treasury ducked year after year. They put a Conservative peer in to chair what should have been an independent regulator. They picked fights with the sector time and again, and over the course of 10 years, the Conservative party never had a serious plan to reform the higher education sector. I am determined to bring that reform, and in the months to come we will set out further plans to reform efficiency, access and participation for our young people.
To answer the precise questions that the right hon. Lady asked, as we lay legislation before the House, we will publish an impact assessment alongside it.
Helen Hayes (Dulwich and West Norwood) (Lab)
First, let me put it on the record that I am the parent of a young person in her first year at university.
The Secretary of State has set out very clearly the case for our universities and the justification for her announcement today. However, as young people who might be applying for university as the announcement is being made might see only the headlines, what steps is she taking to ensure that it is communicated effectively, so that it does not deter young people from low and middle-income backgrounds from applying to university in the first place?
Bridget Phillipson
I am grateful to my hon. Friend for her question, and I look forward to speaking with her and her newly constituted Select Committee about this issue and many others.
I recognise the importance of communicating the message that university should be for all young people who have demonstrated that they have the qualifications and talent required. This was not an easy decision, but as Secretary of State, I need to ensure that we secure the long-term financial sustainability of the sector. Alongside that, I am absolutely clear with the sector—with vice-chancellors and others—that it must do more to provide better support and to widen access and participation so that more young people, especially those from more disadvantaged backgrounds, have the opportunity to benefit from higher education.