Higher Education (Freedom of Speech) Bill (Eleventh sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Wednesday 22nd September 2021 Public Bill Committees

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My hon. Friend is explaining exactly what Trevor Phillips described. He said that a regulator does not go to the final fine or nth degree immediately; it works with, issues guidelines or goes in to provide support, and sometimes that is compulsory. The amendment would provide for what our witnesses said needs to happen.

[Emma Hardy]

The University of Cambridge submitted:

“A range of sanctions would allow for interventions which are more proportionate to the facts of individual cases, recognizing that some cases are more likely than others to constitute evidence of repeat or serious breaches of duty.”

Professor Kathleen Stock said:

“This legislation says that there should be a positive duty to promote academic culture. That could be a very positive, forward-looking initiative; it does not have to be heavy-handed, although obviously it has the capacity to be punitive. But there is also the dimension of encouraging universities to examine what the value is of academic freedom”.––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 7 September 2021; c. 7, Q6.]

As my hon. Friend the Member for Brighton, Kemptown mentioned: lots of witnesses said that we do not have to move straight to fines; there can be a range of sanctions.

A more concrete example of a good approach to graduated sanctions is that of the Advertising Standards Authority. It focuses on guidance before punitive action. Its website states:

“The vast majority of advertisers and broadcasters agree to follow ASA rulings and for those that are having difficulty doing so, rather than punish them, our aim is to work with them to help them stick to the Advertising Codes. However, for the small minority of advertisers who are either unable or unwilling to work with us, some of the sanctions at our disposal can have negative consequences.”

That is one example of a regulator encouraging and supporting before moving to punitive sanctions. The amendment, too, is saying, “Let’s have a look at a range of options.”

Regarding the appeals process, it is slightly bonkers—my right hon. Friend the Member for Hayes and Harlington pointed this out to me the other day, which made me chuckle—that we have more rights to appeal a parking ticket than a decision of the director for freedom of speech. If people get a parking ticket, they can make an informal appeal to the council, giving evidence and an argument as to why the ticket should not have been issued, but with the director for free speech there is no appeals process. That is slightly silly.

Most systems and organisations, such as Ofsted or the OIA, allow some form of appeals process—some way of going back to them to say, “I would like to appeal the decision. I don’t think you saw this piece of evidence.” Generally, with most regulators, an attempt at some form of appeal is involved, bringing it into line with existing practice. The amendments are sensible and straightforward. They would give people the right to appeal and provide for graduated sanctions, and I hope the Minister will accept them.

Higher Education (Freedom of Speech) Bill (Tenth sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Monday 20th September 2021 Public Bill Committees

[Emma Hardy]

I want to give a tangible example, just in case the Minister has missed this. This regulation, as written here, will apply to Basingstoke College of Technology’s student union. By dint of the college being OfS-registered, because of its HE provision, its student union, which is currently governed by some 17-year-olds keen on running Rag Week, will have to comply with the regulations written here and, as we have heard from the Minister, there will be a fine of an undisclosed amount if they do not, yet still JCRs will not have to comply. Does the Minister not accept that applying this to every single student union, regardless of whether it forms part of an FE college or an HE college, is a little over-bureaucratic?

[Lloyd Russell-Moyle]

My understanding is that this relates not just to the student union’s activities be in the HE sector, but to the whole of the student union’s activities, even in the FE part of the institution, so student unions in that sector may face more administrative and regulatory burdens than their parent institutions. It is a bizarre situation. That is why this whole provision must be withdrawn, or voted against, or at least rephrased. The Minister must make sure that this is restricted to only that part of the activity that is HE, and that the regulation is light-touch, and she must make reference to how this relates to Charity Commission regulation. That does not apply for higher education institutions, because they are not regulated by the Charity Commission; they are exempted charities. Since 2010, student unions have not been exempted, so they have to register. They are regulated charities, and this measure is totally contradictory to the current regulation.

[Lloyd Russell-Moyle]

Of course I understand that, but a complaint is not simple and will not be simple. For example, a charity that is seen to prejudice one part of speech, particularly political speech, would be in breach of charity regulations already, because we cannot privilege one part of speech or one part of activities as a charity because it is political speech. That is quite right, excepting the ruling of Baldry v. Feintuck, which says that political party associations of students can be supported within the student union if it is self-organised, because it is not the political activity it is supporting but the educational activity of students mocking up being in a political party, so they can hold mock elections and so on.

There is detailed case law and detailed legislation. The danger is that this Bill runs roughshod over that. People would have two places where they could complain. The complainant can go to the Charity Commission, where there is a basis of case law that is already very nuanced, and they can go to the OfS, where there is no case law and no such basis. Because we know the OfS will not necessarily be built with lawyers or making its decisions based on case law, the danger is that we will end up getting semi-contradictory decisions.

Baldry v. Feintuck says that student unions are free to support a Conservative club, for example, and to give money to that student Conservative club for its operations, as long as it offers the same amount of resources to the Labour club, the Lib Dem club or whatever different clubs might come along. There is a danger, however, that free speech regulation will say, “Actually, the regulations need to be different and will require the clubs to accept a broad range of views.” That is different from the basis on which those clubs have been set up.

I ask the Minister to reconsider ensuring that there is a direct reference to the Charity Commission and to the order of priorities in which someone would make a complaint to a student union. Currently, they could make a complaint to the institution, to the Charity Commission and the OfS.

[Emma Hardy]

And the OIA.

[Lloyd Russell-Moyle]

And the OIA. I would appreciate the Minister doing that, because it is a minefield. We heard as much from the representative of Universities UK, who said that they were deeply worried that this would confuse the matter and make things more difficult in terms of regulation.

Before I finish, I will touch on the finances. Universities effectively have the powers to raise finances through their recruitment of students and the research grants they get. Universities live and die, in that sense, in their corporate actions. Student unions, for the most part, raise no money themselves. Gone are the days of the student bar and the student club. If Conservative hon. Members think that student unions get money from those, I am afraid they are misguided. The vast majority of student unions rely solely on a grant from the university. They are solely dependent on the university, higher education institution or further education institution.

--- Later in debate ---

[Lloyd Russell-Moyle]

Either they will get indemnity insurance, or they will find a way to be covered by the institution’s indemnity insurance, which, again, defeats the whole point that student unions are regulated directly. We might as well regulate the institution, which would then have a duty—as they already do—to ensure that the student union is following the rules.

[Emma Hardy]

Another alternative is, of course, based on examples like the one I gave of Basingstoke College of Technology’s student union, and the other smaller student unions that exist out there. They simply stop having a student union and stop engagement, because some of these smaller colleges and institutions, which I have drawn attention to several times, could not afford the insurance. Those unions do not get much money from their colleges, which are their main providers, and therefore might not exist in the future. It would be a devastating impact of this Bill if we ended up with fewer student unions around the country.

Higher Education (Freedom of Speech) Bill (Ninth sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Monday 20th September 2021 Public Bill Committees

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

My partner works at the University of Hull on the degree apprenticeship programme.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I am a trustee at the University of Bradford union. I have received payment from the University of Sussex to provide educational opportunities, and I have received money from the University and College Union.

Higher Education (Freedom of Speech) Bill (Eighth sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Thursday 16th September 2021 Public Bill Committees

[Emma Hardy]

My right hon. Friend makes an extremely valid point: there is not that protection. I again refer hon. Members to the written evidence. This is not written evidence from some small organisation that does nothing; it is the Free Churches Group of England and Wales. It is a group of higher education institutions.

[Lloyd Russell-Moyle]

I am thinking not about invitations to external speakers but about students—students’ unions, where there are students of opposing views. The Bill says:

“the use of any premises occupied by the students’ union is not denied to any individual or body on grounds specified in subsection (4)”—

belief and so on. We need to be clear—perhaps the Minister can come back and clarify this on the record, which would help—that when we say “any premises”, we do not mean that the students’ union cannot decide which rooms are used. It is not that someone has the right to say, “I want to meet in the Christian prayer room,” or, “I want to meet in the Muslim prayer room to talk about things that would be inappropriate for those spaces.” Students’ unions must have the right to say, “Yes, we give you a free speech platform, but we decide where within our premises we do that.” Or sometimes they might say, “Not those premises, but we have other premises down the road that you can meet in.” The phrase “any premises” gives that indication. Often, chaplaincies use university premises.

[Emma Hardy]

That is exactly right. I refer again to the written evidence, which says:

“We are concerned about the drafting of Points (3) and (4) in section A1 of the Bill, repeated later in connection with Students’ Unions. These clauses have to do with the provision or denial of premises and appear to prohibit both the making and the denial of such provision on the basis of ‘ideas, beliefs or views.’…Our advice is that these clauses are ripe for a variety of interpretations or misinterpretations, with unhelpful unintended consequences possible and even likely.”

The Free Churches Group goes on to say:

“Clause 3 (a) as explicated by clause 4 is similar to Section 43 of the Education (No.2) Act 1986, but in a new context.”

That is the point it is making. The submission continues:

“The clause says use of premises cannot be denied on the basis of ideas, beliefs etc. It has, as far as we know, led to no problems so far and that may continue to be the case. However, inserting it into this Bill, with its strengthened requirements, lack of clarity, and temperature-raising highlighting of a very few cases as justification for the Bill, may affect its previously benign record.”

I accept that I was rushed in putting together these amendments—the Clerks were very helpful—and this might not be the exact wording that the Minister wishes to use, but the question of premises and when something can be allowed or not needs to be addressed. We need that reassurance. As I say, these amendments are meant to be not about denying opposition or other people’s point of view, but about just having some respect about where they are held.

That goes back to the point made so eloquently by my right hon. Friend the Member for Hayes and Harlington about some events needing to be done in consultation with other groups and people within the student union body and the higher education system to ensure that such things do not happen.

I do not believe for one moment that any hon. Member in Committee would think it acceptable to hold an anti-Islamic debate in an Islamic prayer room and I do not believe for a moment that the Minister or the Government intended that when drafting the Bill. I am saying, with the helpful intervention of my right hon. Friend, that people could join those groups, they could invite someone to be provocative and they could insist on the debate taking place in particular premises, which would cause incredible upset for many people.

--- Later in debate ---

[Lloyd Russell-Moyle]

Neither are student unions. The Education Act 1994, which I am probably the only Member of Parliament to bang on about, because most MPs will talk about previous Education Acts, requires universities to supervise all student unions, just as they would JCRs. It requires universities to ensure that the finances of student unions are conducted fairly and to oversee the policy of the student unions, so that the universities fulfil their duties under other Education Acts, such as ensuring freedom of speech. So what the hon. Gentleman just said is the case with all student unions.

However, this Bill sees fit to mention student unions specifically, even though they are regulated—in terms of their policies, their funding, their use and their terms regarding discrimination—by the university and by the Charity Commission.

[Emma Hardy]

On the point about the regulation of student unions, it is worth pointing out that one of the criticisms of the Bill is that it introduces new and varied ways of regulating student unions, which, as we know, are also regulated by the Charity Commission. So some of the issues that we will seek to address as we get further through the Bill are about exactly which layer of regulation student unions are meant to follow first, because, as the Bill is drafted, the situation seems to be incredibly confusing.

[Lloyd Russell-Moyle]

That is quite right. One of the problems with the Bill, as my hon. Friend suggests, would be where there was an activity run by a student union, and someone felt that something had been denied and wanted to seek redress. But the student union is funded by the university, which most student unions are now—most do not rely on commercial income for the bulk of their income, because of the changing nature of students. The money is not gathered from bars that make a big profit. Gone are the days of NUS Services Ltd being the biggest beer purchaser in the country. My uncle, who used to be the director of Whitbread, used to love going to the NUSSL conferences and flogging cheap beer. Those days are just gone. The students union gets money and it uses the facilities of the university, but despite that we will now have a situation where someone could complain to the student union and complain to the university. That is very confusing, but it is not quite the point of this new clause, so I must redirect back to that.

--- Later in debate ---

[Lloyd Russell-Moyle]

That may be, but the Minister said that JCRs do not have control of their own bookings, their own policies or their own finances, and that is not quite true, if we compare them with student unions. I do take the hon. Gentleman’s point that junior common rooms are not automatically registered with the Charities Commission, for example, but I am not sure that, legally, there is anything preventing them from registering. That would be an interesting legal point.

Each junior common room, again, is slightly separate. We had a quasi-junior common room system set up at Lancaster University when that was created, to model the Oxford system, but it was significantly different, because the system of Lancaster University was different and was based in halls and housing, much of which is now run by private institutions based at the university campus because of the private finance initiative systems and so on that we have in many universities. Again, for those junior common rooms that are now often in private student halls because they had a residential-based junior common room system, how is it regulated? They are on campus, but they are private blocks now, run by private service providers. It would be clearer if we included everyone.

[Emma Hardy]

This debate highlights the wildly differing amount of resource that many of these different student unions and organisations have. It seems ludicrous that we would not directly include a JCR or MCR, with the resources and finances it has, but we probably will include, as I have mentioned before, my beloved Hull College higher education institution. It comes down to an issue of fairness. I respect the point the hon. Member for Ruislip, Northwood and Pinner makes, but if we are going to directly regulate one form of student activity within organisations, why not simply regulate and direct them all?

[Lloyd Russell-Moyle]

I will move away from the JCR, where we will maybe not seek agreement. I must admit I am not as au fait with the Oxford-Cambridge-Durham JCR system as maybe I should be, because I am a child of 1960s-based universities—quite literally; I went to a crèche in one—but there were, and are, equivalent JCRs run in different forms that do not follow the Oxford and Cambridge form, which therefore might not be included in this.

I come on to what I would call not a JCR, but a student space—student facilities provided alongside accommodation. Accommodation, even when it is on university campuses, which for the larger part it is not, is mostly run by private providers. The university will recommend that provider; it might even have a contract with that provider to provide a certain number of student halls. The facilities for those students—sometimes including the bar, and often including meeting spaces and recreational activities—are all provided by that private provider. Bookings are done by that private provider. The private provider might well organise a student committee of the residents to help to run that and facilitate it—in a way that is similar, I guess, to how a JCR committee would run those facilities. But they are not a student union; they are not a JCR in the Oxford-Cambridge sense. They are running a common room for students who live in those halls, but they would not be regulated by this provision, and the danger is that those spaces more and more often are being used to invite speakers, because students are self-organising, and of course people will go through all this stuff again—the ridiculousness of having to close curtains or shut down meetings which would seem totally legitimate. From a student point of view, they are using a student space that is designed only for their educational use.

[Emma Hardy]

Listening carefully, as I am, to my hon. Friend leads me to think, which I had not done before, about purpose-built student accommodation and the common spaces there. When I shadowed this brief, we had huge issues about students paying rent for things that they could not use, and that deepened my understanding that purpose-built student halls of residence are often provided by private providers. The question is whether this Bill would apply to their common room space as well. I would seek clarity from the—[Interruption.] The Whip just shouted something over to me that I missed. Perhaps the Minister could clarify the matter when she comes to make her remarks.

[Lloyd Russell-Moyle]

It might well be that the Minister can—[Interruption.] I am not sure that I am allowed to ask the Whip to speak, but he was muttering something under his breath that I did not quite hear. Let us say that we had another amendment, with slightly different wording, which was specific to, for example, student halls, places that are focused on students, places that the university authorises for students to be exclusively at—like student halls but also other student clubs. For example, I have known universities that, rather than having a student union-run bar, will make an arrangement with a commercial bar provider to provide a student-specific bar with student-specific meeting rooms. It might well be that an amendment that just ensures that the duty is extended to commercial providers would be better than this amendment. I am open to that, but we need something; otherwise there is a real danger, particularly with universities moving more and more to commercial partnerships.

--- Later in debate ---

[Lloyd Russell-Moyle]

The point here is other student bodies. It is about when they are not directly a student union, which is what we are debating now. Our amendment would extend to all student bodies, whether or not they are directly part of the institution. That is why it is relevant to this clause. It seeks to cover an exclusively student body––not a general pub down the road––that has a relation just with students from that institution or from other institutions and that should also have some of these basic duties. If it does not have them, there is a real danger of loopholes here.

I will move on from talking about the type of provider, but there are other areas where this is relevant and important, such as non-affiliated societies. According to the lawyer we heard in evidence, the Bill would extend to the day-to-day activities of each individual society. I can understand saying to the student union, “You must allow the society to meet.” That is fine. This is about allowing societies to do that. But our understanding is that that society must fulfil the principles of the Bill. That would mean that there were two different legal frameworks for a non-affiliated society that was for all other purposes a student society in that university, and for an affiliated society.

If we go back to the essence of the chilling effect with an external speaker, a student does not necessarily know whether it is an affiliated or non-affiliated society. When an event is cancelled or a speaker is no-platformed or whatever we are worried about happening––again, I am not sure that the Bill is necessary, but these are the accusations and evidence that we heard––the danger is that the chilling effect still happens. The speaker is cancelled, the event is postponed, the society is shut down and students say, “I cannot talk about those things,” even though it might have happened in a non-affiliated space. It is important to extend that duty to all exclusively student bodies.

[Emma Hardy]

I hope that the Minister is listening, because we are trying to be as helpful as possible. Affiliated societies tend to rely on the assurance offered by being affiliated directly to the student union, and are therefore less likely to have huge sources of their own income. Non-affiliated student societies tend to have external financial support, from other countries or organisations. It comes down to equity and fairness, which is the point my hon. Friend is making about non-affiliated organisations with external support. I cannot see how the Bill would be relevant to them if they are not part of the student union, even though as my right hon. Friend––my hon. Friend rather––keeps saying, they are comprised almost entirely of students.

[Lloyd Russell-Moyle]

Exactly. We know that a number of these non-affiliated societies already exist. There is a particularly large network of Chinese student unions or Chinese student societies that receive large amounts of funding from the Chinese Communist party. Of course, their role is to be beacons of a chilling effect around campuses. They will have a property on the edge of the campus that might not be affiliated to the campus but will be open exclusively to students at that institution, and that institution will often advertise that society as the place for students to go. There are a number of ways around this. Again, I am not saying that the wording of the new clause is perfect, but we could say that the institutions would have to make it clear that such societies are not to be recommended unless they fulfil the general duties in the guidelines. We could say that institutions cannot recommend organisations that have not fulfilled the basic guidelines. That would include housing providers, but it would also mean that Chinese student societies that do not fulfil the duty could not be recommended as places for students to go locally. All of these are options that I urge the Minister to look at; otherwise, we have inequality, and there needs to be some balance.

Higher Education (Freedom of Speech) Bill (Seventh sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Thursday 16th September 2021 Public Bill Committees

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My right hon. Friend reminds me that one of the first acts of the right hon. Member for Maidenhead (Mrs May) in 2010 when she became Home Secretary was to ban a march of the English Defence League in Bradford, not because she was a dangerous person undermining free speech, but because only nine years earlier, we had devastating race riots in Bradford that left a long scar on the community. I do not say that because I think there is a danger that the English Defence League will march through university campuses—although I do not rule it out. Because it was a public space, the Secretary of State had the ability in that instance to make a ruling that, even though what the English Defence League was marching about was legal in that it was not directly inciting hatred—many people say that it was doing so indirectly—there was a public order issue that she was concerned about. We need the ability in the code of practice for universities to look at that balance of ensuring public order and safety on their campuses.

[Emma Hardy]

I refer the Committee again to Sunder Katwala’s evidence. He said:

“I feel that an event at a student union, ‘No blacks in the England team—keep our team white,’ does not seem to be the kind of event that we want to protect, and yet that is lawful but reprehensible speech, which we want to stigmatise, even though it is free speech within the law.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 130, Q213.]

Unless we build some protection—some ability to consult—into the law, such events could take place. As our right hon. Friend the Member for Hayes and Harlington said, they would be likely to lead to confrontation.

[Lloyd Russell-Moyle]

I agree. I am sure that the Minister will point to clause 1 and proposed new section A2(2) of the Higher Education and Research Act 2017, which provides that universities must create a code of practice that considers the conduct required of people speaking at the university. She may say that that is sufficient, but given that the Bill provides for a code of practice, it is a perfect time to consider how it is drawn up. It is not the Opposition saying that there should be a code of practice or that there should be limits on how people behave in public meetings or even in academic practice; the Government have included the provision. The Government are saying that universities must have a system to determine and delineate.

However, we have heard that what management thinks is acceptable is often very different from what the academic community and students find acceptable. Management might be motivated by thinking about good PR and what looks good in their recruitment, whereas academics might consider what is important for academic rigour, creating new debate and so on. The amendments are important because they propose including students and staff in the discussion about and creation of the code, and therefore the voting to approve it. Without including them, there is a danger that the code of conduct will be written up and created by universities and do everything that some people do not want it to do.

Higher Education (Freedom of Speech) Bill (Fifth sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Wednesday 15th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

I totally agree. Again, that is the importance of the guidance. The Office for Students can sit down with other regulators and work out a settled opinion, which might be that there is not enough guidance for universities to interpret things correctly.

The right hon. Gentleman has mentioned a number of times the no-platform policy of the National Union of Students. That is a policy that bans National Action, a proscribed, illegal organisation in this country. It is a policy that bans Hizb ut-Tahrir, an organisation that is prevented from entering campuses under Prevent. It bans only a small handful of organisations—literally fewer than 10.

[Emma Hardy]

Six.

[Lloyd Russell-Moyle]

Six—I thank my hon. Friend. Those bans usually have national governmental guidelines behind them, because the organisations are proscribed under Prevent or under other duties. We need to be careful when we lambast the no-platform policy of the NUS, because it is a policy that furthers Government policy and guidelines for keeping our campuses safe. Sometimes the phrase no-platforming is used, but it is actually a policy that is implementing Government guidelines.

Higher Education (Freedom of Speech) Bill (Sixth sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Wednesday 15th September 2021 Public Bill Committees

[Sir John Hayes]

I will in a moment, but now that I am flowing poetically I do not want the hon. Gentleman to break into the stanza. [Interruption.] All of these things are a matter of opinion, John. There is also a point about what I might describe as top-down pressure. We know—Members who have been involved in higher education, including many on this Committee, will be familiar with this—that there is often a tension between university management and particular university departments; between the academic staff and the senior management team who are often long detached from their original academic roots. It is a concern that sometimes university authorities will instruct academics to teach particular things, possibly even in a particular way. Defending the integrity of the people at the academic coalface is really important, and that is what the second part of my amendment seeks to do.

[Emma Hardy]

rose—

[Lloyd Russell-Moyle]

rose—

Higher Education (Freedom of Speech) Bill (Second sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Tuesday 7th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

Q On a slightly different topic—I would really appreciate your input here—you touched on employment law earlier. In the current employment law protections for academics, are there weaknesses that could be strengthened but are not being strengthened in the Bill?

Smita Jamdar: Again, people have highlighted the fact that in some ways, what the Bill is doing is narrowing what limited existing protection there is for academic freedoms—that is being narrowed. Currently, academic freedom is protected largely through the constitutional documents of universities. Chartered universities—those with royal charters—have to have a provision in their charters, and the post-92s have a provision in their instruments and articles of government. Those do not currently restrict academic freedom to matters within the expertise of the academic, and I know from speaking to employment law colleagues—one of the other things I am not an expert in is employment law—that there are often cases where there is a very vigorous disagreement about whether something was an exercise of academic freedom or not when it relates to criticism of the institution.

I think that the Bill makes it clearer, but probably, from the point of view of those who feel that academic freedom is inadequately protected, it is clearer by narrowing it rather than by addressing any of those wider concerns.

[Emma Hardy]

Q I am interested in hearing your opinions on a couple of things. Earlier, when you were answering questions from John, you were talking about tort and how the process works. I wonder whether you are supportive of the idea of the right to appeal decisions made by the freedom of speech director, as submitted from Universities UK.

Smita Jamdar: Absolutely. As I alluded to earlier, my concern about having a stop at the OfS is that that individual may be required to interpret law, so they may well be required to decide if something is defamatory, harassment, contrary to the Equality Act or potentially a public order offence. I find the idea that those legal judgments cannot then be appealed to the people who are actually able to make legal judgments really quite worrying.

Certainly, if that were to be the case, the process for appointing that individual, and the statutory requirements that must be observed for that individual in their role, need to be much tighter, because you could end up with somebody who is effectively an appointment of whatever Government is in place at the time, and who does not necessarily have any skills or expertise to make those judgments but is the last word on them. Again, in terms of freedom, that does not feel terribly free.

Higher Education (Freedom of Speech) Bill (Second sitting)

Debate between Lloyd Russell-Moyle and Emma Hardy

Tuesday 7th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

[Emma Hardy]