Higher Education (Freedom of Speech) Bill

Debate between Kim Johnson and Matt Western

Report stage
Monday 13th June 2022 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab)]

Does my hon. Friend agree that the legislation is totally unnecessary and divisive, with little evidence to support the Government’s position that there has been a rise in intolerance and a creeping culture of censorship? The Office for Students’ own data showed that out of 10,000 events with external speakers, only six were cancelled.

[Matt Western]

I thank my hon. Friend for her contribution. Yes, there are issues out there, but that is about the scale of it. That is what has been uncovered in the surveys and analysis done by the Office for Students and by others. The scale is being exaggerated by the Government in order to make this legislation. It would be nonsensical to ignore shifting attitudes, and new clause 5 would allow for well-informed public policy guided by evidence rather than by Ministers’ latest lightning rod of choice.

Our amendments 19 and 20 would ensure that non-disclosure agreements or confidentiality agreements between those listed in the Bill and higher education providers did not inhibit freedom of speech, save where it was expressly agreed to between the parties to protect intellectual property. I will defer to my hon. Friend the Member for Birmingham, Yardley, with whom I have tabled amendment 19, to explore that further. She is a tireless campaigner on the issue and I commend her work in bringing it to the House’s attention on Report. I hope that the Minister, who has previously stated her commitment to stamp out that practice, will take on board our suggestions.

Finally, I would like to take this opportunity to push the Minister on some of the finer points of the Government amendments. The illegal invasion of Ukraine by Russia has rightly thrown a spotlight on the source of foreign investment and money in our public institutions. The misguided “golden era” ushered in by David Cameron and George Osborne in 2015, in which foreign nation states acquired substantial control over key parts of our national infrastructure, must come to an end.

The Government’s new clause 2 is much preferable to new clause 1, tabled by Conservative Back Benchers, particularly on the risk-based approach of the Government’s suggestion, but I have some concerns about new clause 2’s practical effect. The Minister suggests that it is her stated aim to reduce the data burden in the higher education sector. It is for that reason that I am interested in ascertaining how the new clause will be both proportionate and balanced. For example, the threshold at which providers have to report foreign donations is set to be determined by the Secretary of State in regulations, so it is disappointing that once again the Minister seemingly chose to brief it to The Times that the threshold would be set at £75,000—as she mentioned earlier—rather than allow the House to have a meaningful debate on what is appropriate. This is not on the face of the Bill. Interestingly, when we contrast this to the reporting threshold in the United States, which is $250,000—just over the equivalent of £200,000—the Government seem at risk of disincentivising foreign investment by implementing additional bureaucratic burdens.

I am also concerned about the scope of new clause 2, and I would be grateful if the Minister could expand a bit more on what is meant by “constituent institutions.” How much direct control does a higher education provider need to have over a constituent institution for it to fall under the remit of the new clause? For example, would Cambridge University Press be covered? My hon. Friend the Member for Cambridge (Daniel Zeichner) referred to that earlier. Relatedly, some of the requirements in the new clause are quite technical and may require fine judgment. It is likely that the value of non-monetary benefits—human capital and access to data, for example—will be difficult to ascertain. Could the Minister therefore detail what steps she is taking to ensure that universities are supported in determining the value of the partnerships they sign?

The Government’s proposal hands the responsibility for the new clause to the director for freedom of speech, making the director’s appointment all the more important. This adds further justification to our new clause 4, and I hope that Conservative MPs will consider that when they go through the Lobby later. Given that the regulator has limited prior experience of dealing with research partnerships or commercial arrangements, what additional resources will be provided to the OfS to handle this new responsibility?

Labour has tabled some important amendments in the same manner and spirit as we did in Committee. Let us remember that we debated a staggering 80-plus amendments in Committee at that time—it is a 19-page report—and now we have these few. Such a number would seem to underline just what a big dog’s breakfast the legislation is, and I am sure that those in the other place will spend many an hour realising what poor quality red meat lies at the bottom of it.