Universities: Freedom of Speech

Julian Lewis Excerpts

Thursday 10th October 2024 Commons Chamber

[Catherine McKinnell]

My hon. Friend raises an important point, which is why we are currently talking to people with a range of views, including those supportive of the provisions in the Act. We are listening to the concerns of minority groups and others that the Act could encourage universities and colleges to overlook the safety and wellbeing of minorities because of a fear of complaints and costly legal action, pushing them towards allowing abhorrent hate speech. That is why we are considering this legislation. We need to get this right.

[Sir Julian Lewis (New Forest East) (Con)]

Can the Minister give us any specific examples of a scenario with which the Government were confronted by these people who have successfully lobbied for a pause, other than just speaking in general terms about the legislation being disproportionate?

[Catherine McKinnell]

I appreciate the right hon. Gentleman’s thoughtful question. I cannot give him a specific example today. The principle that we are working to is that we are looking in great detail at all aspects and all concerns that have been raised, as well as supportive comments, in relation to the Act and what it seeks to achieve. I will pass his question on to the Minister for higher education and skills and ask her to respond accordingly.

Ofsted

Julian Lewis Excerpts

Tuesday 3rd September 2024 Commons Chamber

[Catherine McKinnell]

I thank my hon. Friend and very much welcome the opportunity to thank all our teachers as they go back to school this week. They will be putting in a really hard and rewarding year ahead, and will give the best to the children in their care.

I absolutely echo what my hon. Friend says. We were clear from day one in government that we want to work in partnership with the sector. We know that the Government do not deliver education to children: our teachers do; our schools do; our support staff do; and the parents who make sure their children get to school do. We support them all in that endeavour, but where we can do more to support them in delivering that, we will. The announcements that we are making are part of that endeavour.

[Sir Julian Lewis (New Forest East) (Con)]

When my sister Lee took what were then called her GCE exams in the early 1960s, she was given a specific mark for each exam result. By the time I took mine in the late 1960s, that system had been replaced by one of grades, which merged together all sorts of different results and was likely to lead to subjectivity and relativism henceforth. Could not the simplistic one-word system that is now being replaced be replaced by a proper marking system, where individual aspects of a school are specifically marked and an overall figure given, which would therefore not be subjective, but would give parents an easy guide as to the performance of the school?

Relationships, Sex and Health Education: Statutory Guidance

Julian Lewis Excerpts

Thursday 16th May 2024 Commons Chamber

[Gillian Keegan]

Part of leadership and showing leadership is also dealing with those things we are not happy with. We are not happy that young children are having access to porn, which is why other measures are also being put in place through the Department for Science, Innovation and Technology. Of course, it is always possible that children get access to things that they should not see, and they might raise questions as a result of that. Usually, parents are the first educators of their children. Parents would be the first people to get that question, and they would certainly expect to help their child through those things. As I said, if a child raises a question with a teacher, the teacher will deal with that, but that is different from teaching and showing anything that is sexually explicit in a classroom. We want to ensure that children are not exposed to such things in the first place, because this is something that has changed, and we must show leadership to address that.

[Sir Julian Lewis (New Forest East) (Con)]

In answer to a question on 29 April, the Minister for Schools, my right hon. Friend Member for East Hampshire (Damian Hinds), strongly endorsed the importance of sections 406 and 407 of the Education Act 1996, which respectively ban the promotion of partisan political views, and require the balanced presentation of opposing views when politically contentious subjects are brought to the attention of pupils. Gender ideology is certainly politically contentious, and I was concerned to be alerted by Mrs Clare Page, the educational commentator and campaigner, to the Department’s “Political impartiality in schools” guidance 2022, which states:

“Legal duties on political impartiality do not supersede schools’ other statutory requirements. Schools should take a reasonable and proportionate approach to ensuring political impartiality, alongside their other responsibilities.”

I do not know how you would read that, Mr Deputy Speaker, but I read it as an attempt to undermine the firm guidance given in statute law that partisan political views must not be promoted in school. I hope the Secretary of State will look into that matter.

[Gillian Keegan]

I am grateful to my right hon. Friend for raising that point. Political impartiality is important, and the guidance he read out is meant to cover some commonsense exceptions. For example, some people would argue against democracy, and we do not want to give them a platform; some people would argue for racism, and we do not want to give them a platform, and so on. Those are the sorts of exceptions and contentions, and I will ensure that we look at the guidance to see that it is clearly understood by everybody. It is important to be clear. This issue has developed and grown, and our understanding of this area has grown over time. That is what the guidance is meant to do; it is not to undermine political impartiality or the rule of law.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 29th April 2024 Commons Chamber

[David Johnston]

As it happens, I am meeting the director of the Youth Endowment Fund in the morning. We have a quarterly meeting to review progress and make sure it is on track.

[Sir Julian Lewis (New Forest East) (Con)]

In regard to the worrying topic raised earlier of antisemitism and Islamophobia in schools, will Ministers please bear in mind sections 406 and 407 of the Education Act 1996? The former bans political indoctrination in schools, and the latter says that when political subjects are brought to the attention of pupils, they must be presented in a fair and balanced way.

[Damian Hinds]

My right hon. Friend issues a timely and important reminder and we are very clear on that with schools. We also, of course, part-fund Educate Against Hate, which has materials available, and I know that schools also seek to go to lengths in most cases to make sure that when tackling controversial current affairs, they are doing so in an entirely impartial way.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 29th January 2024 Commons Chamber

[Robert Halfon]

I think I have set that out. We have 36% of university researchers coming from outside the UK, and over 46,000 postgraduate students from overseas—41% of the total. What I would say to the hon. Gentleman is that the real cost of the SNP’s tuition fee policy is that Scottish universities are unable to provide places for local students, who are 13% less likely to take a place at a university in Scotland than English students are to take a place in England.

[Sir Julian Lewis (New Forest East) (Con)]

Will the Minister be investigating the discovery, exposed by The Sunday Times yesterday, of Russell Group universities taking students with much lower academic qualifications for undergraduate degrees, and when he does so, will he check that the same is not happening in the postgraduate field, given the much higher fees that can be charged for overseas students?

[Robert Halfon]

I thank my right hon. Friend for his question. He will know that, while I am a strong supporter of international students, I am absolutely clear that I want a level playing field for all domestic students as well. I met vice-chancellors only yesterday afternoon, as soon I had seen the report in The Sunday Times, and I have asked the Department for Education to carry out an urgent investigation into bad practice by agents where it occurs, as I was very disturbed by what I saw. We want absolute fairness of entry for domestic students as much as for international students.

Core School Budget Allocations

Julian Lewis Excerpts

Tuesday 17th October 2023 Commons Chamber

[Nick Gibb]

The figures published in July were indicative figures. They are used by local authorities. Once the October census comes out with the pupil numbers, they then apply their local formula to those figures. That is the allocation that schools use for their budgeting, and that happens around December.

Over the period between 2021-22 and 2024-25, school funding has increased by 20%, so there has been a very significant increase. I agree with the hon. Member about the importance of cultural activities in schools, which is why we have a cultural education plan that is being worked on at the moment.

[Sir Julian Lewis (New Forest East) (Con)]

One reason why this Minister has been in his post so long is that successive Prime Ministers have judged him to be rather good at his job. For the benefit of the House, can he confirm that the civil servants who discovered the mistake made it known to Ministers at the first possible opportunity, and that Ministers made it known to the public at the first possible opportunity? Does that not reflect credit on our parliamentary democratic system?

[Nick Gibb]

I am grateful to my right hon. Friend for his kind comments. He is absolutely right: as soon as we knew about the error, I wanted to make sure that we were doing everything we could to rectify it and find a solution to the problem that officials and the Department had caused. That was my approach, and that is why we recalculated the whole of the national funding formula notional allocations as soon as we could and published that detail on 6 October.

Reinforced Autoclaved Aerated Concrete in Education Settings

Julian Lewis Excerpts

Monday 4th September 2023 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Sir Julian Lewis.

[Sir Julian Lewis (New Forest East) (Con)]

Thank you for calling a state-educated Conservative Member, Madam Deputy Speaker.

May I, through the Secretary of State, thank Baroness Barran, who reached out immediately to me, together with a highly competent senior official, when this problem arose in one of my local schools this March? Not only did they do that, but they seized the opportunity to encourage a resending of the questionnaire to the network of schools, through the contact that I had with one of my local headteachers. I have rarely, in 26 years in this House, seen a Department so proactive on an issue as this Department has been on this one, and I thank it for that.

[Gillian Keegan]

I thank my right hon. Friend, from one state-educated person to another. It is true that we have taken action quickly, but Baroness Barran, in particular, has been working on this since way before I was in the Department and has done an amazing job. I thank him for recognising that. She has really pushed us to make sure that we get additional information, get the evidence and have all the surveys back, so that we know, unlike most other places, where RAAC is in our schools. When I was tasked with the new evidence, I could identify exactly which schools were impacted immediately because of all the work that she had done.

Higher Education Reform

Julian Lewis Excerpts

Monday 17th July 2023 Commons Chamber

[Gillian Keegan]

Absolutely not. I have been working on this policy with many former Ministers, even since I was the Apprenticeships and Skills Minister. We have been working on this for a long time to make sure we get it right. When a working-class kid who will come out with £50,000 of debt puts their trust in an institution, they have to put their trust in the system and it is vital that the system delivers for them. If they have £50,000 of debt and no better job prospects, that is not a system delivering for them.

[Sir Julian Lewis (New Forest East) (Con)]

Would it not benefit university courses’ quality more if university administrators were paid a lot less and university lecturers were paid rather more?

Oral Answers to Questions

Julian Lewis Excerpts

Monday 12th June 2023 Commons Chamber

[Claire Coutinho]

We take this issue incredibly seriously, which is why we are rolling out mental health support teams. We are ahead of schedule, with 35% of pupils covered this year and another 100 teams on the way to cover 44% of pupils next year, alongside other proposals.

[Sir Julian Lewis (New Forest East) (Con)]

If and when parents get sight of what their children are being taught about relationships and sex education, will they have the right to withdraw their children from such lessons if they deem the materials to be inappropriate?

[Nick Gibb]

My right hon. Friend raises an important point about the appropriateness of materials being used in schools to teach relationships, health and sex education. We have been concerned about reports on that, which is why my right hon. Friend the Secretary of State wrote to all schools to remind them of their duty to share teaching materials with parents, and why we brought forward the review of the RHSE guidance. There is no right to withdraw children from relationships education, but there is a right for parents to withdraw their children from sex education in the RHSE curriculum.

Higher Education (Freedom of Speech) Bill

Julian Lewis Excerpts

Consideration of Lords message
Tuesday 2nd May 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Claire Coutinho)]

I beg to move,

That this House agrees with the Lords in their Amendments 10B, 10C and 10D; disagrees to their Amendment 10E, and do propose in lieu of their Amendment 10E Amendment (a) to the words restored to the Bill by Commons disagreement to Lords Amendment 10.

It is almost two years since the Bill was introduced to the House in defence of the fundamental principle that students and academics should be able to express their beliefs and debate controversial ideas without fear of repercussion. We return to the House to resolve the final element on which we seek agreement: the form that the statutory tort takes in the Bill. The tort is the measure that will allow people to bring civil proceedings where they believe that certain duties in the Bill have been breached to their detriment. Since I last brought the Bill before the House, the other place has accepted the inclusion of the tort in principle. That is a huge step forward and a significant victory for freedom of speech on campus.

In February, this House voted to reinstate the tort in full following its removal in the other place. In March, the other place accepted the need for the tort but sought compromise in the form of amendments identical to those tabled by the Government on Report. That is the wording of the clause that we are now considering.

I want to emphasise that this is a significant shift in the terms of the debate. We are considering no longer whether the right to go to court should be included but what form it takes. However, I recognise that colleagues still have some concerns, and I want to reassure them that the two Government amendments will mean that the tort retains its teeth and offers a concrete means of redress for those whose right to free speech has been unlawfully infringed.

Proposed new subsection (2) will make it clear in the Bill that “loss” is not limited to pecuniary loss. That means that academics will be able to go to court if they have suffered, for example, reputational damage or adverse consequences to the progression of their career. Subsections (3) and (4) mirror amendment 10E from the other place. New subsection (5) will ensure that, in circumstances where speed is essential, a complainant can apply for an injunction where there has been an alleged breach of the free speech duties.

I turn to proposed new subsection (2), which builds on amendments 10B, 10C and 10D as voted for by the other place. On 7 December in the other place, my counterpart Earl Howe stated on Report that loss is

“not limited to pecuniary loss and could include damage to reputation, for example.”—[Official Report, House of Lords, 7 December 2022; Vol. 826, c. 195.]

Subsection (2) simply makes that clear in the Bill. The amendment therefore reflects the original policy intent. I hope that offers reassurance to the House and that hon. Members will support its inclusion in the Bill.

I turn to proposed new subsection (5), which builds on amendment 10E as voted for by the other place as now included in new subsections (3) and (4). Amendment 10E would require claimants to have exhausted the complaints schemes of the Office for Students or the Office of the Independent Adjudicator for Higher Education before they can bring legal proceedings. Some hon. Members have expressed concern that that would prevent individuals from seeking an injunction where a breach of specified freedom of speech duties has already taken place and swift redress is sought. I share the view of many colleagues that access to the courts in those circumstances is crucial.

Subsection (5) will mean that a claimant who is applying only for an injunction will no longer have to exhaust the complaints schemes first. Those claimants will therefore have direct access to the courts. It is important to allow for that to avoid delays that may cause further harm to the claimant. If, for example, a student is expelled from their course because of a free-speech issue, it may take a long time to resolve their complaint, and damages would not be sufficient. The student would be seeking re-entry on to that course to continue their studies. In that scenario, subsection (5) will allow the student to seek an injunction from the courts as quickly as possible. I am sure the whole House agrees that that is sensible and justified.

[Sir Julian Lewis (New Forest East) (Con)]

Yes, it is an excellent change. The only question in my mind is why this rather obvious feature was not included at the beginning. Could the Minister look into that and—if not now, on another occasion—throw some light on it? It was an obvious flaw in the Bill.

[Claire Coutinho]

I thank my right hon. Friend. I think the fact that we have now included that in the Bill shows that we have worked with both sides to ensure that the Bill is as strong as possible. We have always had the academics, visiting speakers and students that it seeks to protect at the forefront of our mind.

I should reiterate that the provision concerns injunctions where there has already been a breach of the relevant duties. Where there is an anticipated breach of the duties, a claimant can apply for an injunction to prevent that—that has always been the case, since the requirement to exhaust the complaints scheme only applies in the case of an actual breach. It is important to note that we believe that this exception will apply only in a minority of cases, as most claimants will not seek, or have their case result in, an injunction. Nevertheless, we are sympathetic to complainants who find themselves in the difficult circumstances in which an injunction may be required. Further to this, we expect the OfS will take into account the implications of the amendment when drafting the complaints scheme rules.

I hope that the House will therefore accept amendments 10B, 10C and 10D from the other place, and agree with the Government’s proposed new subsections (2) to (5), which are consequential upon the amendments.

--- Later in debate ---

[Matt Western (Warwick and Leamington) (Lab)]

The last time I was here debating this Bill, I told the Minister that it had spent more time in Parliament than any other Bill sponsored by the Department for Education since 2010. Indeed, as defenders of free speech, Members would be forgiven for thinking the Government would be determined to see the Bill on the statute book. Yet 721 days—almost two years, as you, a maths connoisseur, will appreciate, Mr Deputy Speaker—have passed since the Bill had its First Reading, and it could have been further prolonged by the prospect of legislative ping-pong with the other place.

Here we are again. This time, we have the Minister, whose remit now includes university campus activity, rowing back on the compromise reached in the Lords. I am sure that this has been pushed by the Common Sense Group. I consider myself to be a member of whatever common-sense group this place may offer, but I am unsure whether we should be here again two years on. We need not be here, but heavy-handed legislative responses to largely exaggerated social problems—I am not saying there are no problems—appear to be this Government’s general modus operandi.

[Sir Julian Lewis]

It is a very serious step for anyone, particularly a student with limited means, to go to court and seek an injunction. Surely the hon. Gentleman can see that no one will do this on a whim. They will do so only when their rights are being seriously infringed.

[Matt Western]

I have a huge amount of respect for the right hon. Gentleman, as he knows. Of course I would be concerned about the case of an individual student, but I fear more generally about the tort being a channel for more vexatious claims by well-funded individuals or organisations, and where that may take us. I will expand on that point.

Where issues arise, Ministers have shown no interest in dealing with the underlying causes. I fear that this is yet another example of Ministers leaning in and exploiting cultural divides, opting for punitive, confrontational tools such as the tort before us. I have repeatedly stated the plethora of options open to the Government: the Chicago principles, the Robert French report, Universities UK’s guidance, internal processes and the Manchester and King’s guidelines—all of which would do a better job at resolving issues whenever they arise.