Elections Bill

Debate between Lloyd Russell-Moyle and Richard Holden

Report stage
Monday 17th January 2022 Commons Chamber

[Mr Holden]

Wait a second—the hon. Member can intervene again if he wishes. I know that he and the Scottish National party do not want to raise the age of marriage to 18; the Scottish Executive have not made it clear so far, but I think they should. Article 1 in part 1 of the UN convention on the rights of the child says that a child is a child until 18 years of age, so I do not understand why the SNP is still backing child marriage.

[Lloyd Russell-Moyle]

Does the hon. Member not recognise that the same treaty says that under-18s should have a say in the future of their life and have democratic participation in the countries they live in?

[Mr Holden]

I do not think it says that they should have the vote in those countries, actually.

[Lloyd Russell-Moyle]

It is a broad treaty.

[Mr Holden]

Indeed.

With respect to the Liberal Democrats’ new clause 13, the single transferable vote system is not a proportional vote system, as the right hon. Member for Orkney and Shetland (Mr Carmichael) knows; it is a preferential vote system, so he is arguing in this Chamber for something different from his new clause. That is a particularly important point, because it relates to safe seats.

Let me give an example. Just under 31% of people voted Conservative in 1997, and 43% voted Conservative in 2019. If we look at how those seats have changed between the 1992 Parliament and this Parliament, we can see that there are far fewer safe seats than under either a proportional system or a preferential system. There have been no studies to show that real preferential systems would make seats less safe. In fact, they could even reinforce them and make them even safer. Much more thought is needed before we engage in anything that the right hon. Member is proposing.

I know that my hon. Friend the Member for Bosworth (Dr Evans) will speak in support of his new clause 17. I support the new clause, which I think is a very sensible move. I hope that it can be looked at, either now or at a later stage. My hon. Friend the Member for Heywood and Middleton (Chris Clarkson) spoke better than I can about new clause 5, as did my right hon. Friend the Member for Basingstoke (Mrs Miller) about new clause 11 and new schedule 11.

I want to speak briefly to new clause 15, which stands in my name. It is a probing amendment, but I really want those on the Government Front Bench to think about ensuring that people can be registered only in one area. It is unacceptable that if someone is wealthy enough to own multiple properties, they can be registered in different places and can potentially vote in multiple local elections. I think that they should have to choose where to vote in local elections and where their primary residence is. That would also have huge benefits for the tax system, because we would know where someone’s primary residence was and they could not flip-flop around.

I do not think that owning or renting more property should mean having multiple votes. It is just not defensible that people should be able to vote in more than one place in the same year, at the same time, in the same elections. Why should some people be able to vote more than others? It just does not sit right with me that I could potentially vote hundreds of times if I had hundreds of properties across the country.

New clause 15 is a probing amendment, because we need to look at the issue of double voting. It is not acceptable that people should be able to do it, so I really think we need to look at ways of properly clamping down on it. I am glad to have had the support of so many Conservative colleagues in tabling the new clause. I will not press it today, but I hope that in her comments the Minister will reflect on my suggestions.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Wednesday 22nd September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

In local government, the health service, education and other areas, there is a doctrine known as the new burden doctrine. It is a sensible doctrine whereby if a new burden is put upon a body—particularly in local government and in educational bodies under local government—the Government shall make provision to pay for that new burden, or they will provide for that body to be able to raise revenue to cover the new burden.

Higher education institutions have income-raising capacity, although I am sure they would say that the cap should be lifted or the funding formula should be changed. They can make that an argument to the Chancellor at the spending review, and I know that many of them have. I desperately hope that the burden is not put on poorer students, as we are reading in the papers. Personally, I would move to a proper graduate tax, or even free education. A new graduate tax could be introduced for the young, and an old-age social care tax for those who are older, so we could have one joint intergenerational tax that allows a bit of intergenerational solidarity—but I digress.

Despite my desire for free education or a proper graduate tax that does not put people in debt, universities can go and make their case to the Chancellor. They have powers to raise revenue, either by seeking research funding or through student fees. They can get more students in, in fact—they could squeeze two or three more students into lecture halls. Student unions have none of those abilities. They do not, on the whole, raise revenue. Some, which are now the exception, still run some commercial businesses, but that is a rarity in higher education—even in campus universities. Most campus university student unions do not even run their own bars now.

Government Members who think that student unions can raise the money need to look again at student union finances, the vast majority of which come from the good will of the institution. The problem is that if the institution deprives the student union of money, the financial penalty for that student union and its duty do not transfer back to the institution; the liability is not reduced. I suspect that the liability will be covered by the student union’s paying basic insurance, but if it is deprived of money it will have no ability to pay for that, while still having the liability.

The new clause does not specify an amount; all it says is that the institution, in appointing the student union—because it appoints the body that is the student union; its job is to say, “This is our registered student union”—has to make sure that the student union has sufficient resources. If the student union has bars and commercial services, the institution can say, “We’ve ensured that you have the right resources because we can see that you have an income. No problem.” If the student union has none of those resources, all the new clause requires is that the institution takes steps to ensure that it has. Perhaps it will give a bar over to the student union to run, so that it generates the resources, or perhaps it will give over an amount of money. The new clause requires that to happen. The guidelines will explain how that happens, of course, but without this provision I am deeply worried that we will be imposing a new burden.

[Mr Richard Holden (North West Durham) (Con)]

I have been reading the impact assessment and I can quite understand where the hon. Gentleman is coming from. It suggests that the annual enforcement costs would be around £400,000 a year and that the total ongoing costs directly applying to student unions would be £1.2 million a year nationwide. However, there are over 100 academic institutions and many student unions across the country; if we divide that cost by 100 academic institutions, we are not talking about a huge amount of money per institution. Does the hon. Gentleman not think that student unions should be able to deal with the small extra costs?

[Lloyd Russell-Moyle]

I go back to my point. This is not a huge burden on institutions, but we should require institutions to ensure that there are those resources, given that some student unions have almost zero resources—only a few hundred pounds in the bank account. For many student unions there will be no problem, but provision will be needed for others. The new clause just says to the institution, “Check that your student union can do this.” It might just be a matter of a few hundred pounds for the insurance premium. It is fair for the institution to be required to do that. I hope the Minister will take that on board, either in the guidelines or in Lords amendments.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Monday 20th September 2021 Public Bill Committees

[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.

[Mr Richard Holden (North West Durham) (Con)]

I am vice-chair of the all-party parliamentary group for friends of Durham University

Clause 3

Civil claims

Amendment made: 4, in clause 3, page 5, line 21, at end insert—

“(aa) a constituent institution of a registered higher education provider, in respect of a breach by the governing body of the institution of any of its duties under section A1, or”. —(Michelle Donelan.)

This amendment is consequential on NC1.

Question proposed, That the clause, as amended, stand part of the Bill.

[The Minister for Universities (Michelle Donelan)]

Clauses 1 and 2 strengthen freedom of speech duties on registered higher education providers and extend them to students unions at approved fee cap providers. Clause 3 plugs an identifiable and substantive gap in the current legislative framework by providing individuals with a route of redress for loss suffered as a result of a breach of these freedom of speech duties. Clause 3 therefore creates a new statutory tort. This enables civil proceedings to be brought against a higher education provider in respect of a breach of the new duties under section A1 of the Higher Education and Research Act 2017, or against a student union in respect of a breach of the section A4 duty.

Individuals can still complain in the first instance—for free—to their higher education provider or student union if they consider that there has been such a breach. They can subsequently complain for free to the new complaints scheme that will be operated by the Office for Students, and students will still be able to complain for free about their provider to the Office of the Independent Adjudicator for Higher Education. However, the statutory tort will also be available, although we are clear that it is intended to be a route of last resort.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Monday 20th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

My argument does not necessarily only deal with fining; I am talking about regulation as opposed to fining, and we have had a debate on that. The point on fining is that we are worried that we will end up seeing a chilling effect and people coming forward vexatiously. That is a real concern—[Interruption.] The hon. Member for North West Durham groans, but he should stand up and say why he groans—give a speech or make an intervention supporting the Bill. He has said very little.

[Mr Holden]

I think that is a bit unfair. I do not quite understand where the hon. Gentleman thinks all of these vexatious claims will come from, and why they are about to happen. Why, in this instance, with student unions specifically, does he think that there will be millions of vexatious claims trying to close them down at the drop of a hat?

[Lloyd Russell-Moyle]

We have heard that “where there’s a blame, there’s a claim”. We have seen it in road traffic, and we have actually seen an increase in litigation in the higher education sector, which is deeply worrying. Government witnesses talked about the commercialisation of the HE sector and students demanding that they get the results that they want.Those demands have actually led to universities being more restrictive in what people can say. This will increase that.

[Mr Holden]

The evidence that the hon. Member is pointing to is on students and their universities, and I can quite understand that. This point, however, is all about student unions, so I would like to understand why he thinks that student unions will be targeted, rather than education providers.

[Lloyd Russell-Moyle]

Because, so far, student unions have not had that contractual relationship, with the ability of students to take them to court for failing to fulfil a service. That is my point about where the money comes from. At the moment, the student gives the money to the university. The contract for a basic service is between the student and the university. This extends that, so the student then has a direct contractual relationship with the student union.

If the hon. Member thinks that every single student will agree with what their student union is doing, and that no student will try it on, then I am afraid that his university experience was far too bland. My experience was of debate and contestation, and of people arguing and wanting to push the boundaries—quite rightly. This will not help that, because it will regulate student unions in a way that means they cannot then defend themselves properly. The reason for that is the financial point, which I was trying to come on to.

The university gets money from the student. They then give a grant—usually a small one—to the student union, which then spends, effectively, the university’s money. My understanding is that, according to the Education Act 1994, the university has an oversight role for how that money is spent. Yes, the student union can spend it how the students want, but within a framework that the university sets out and lays down. If the student union is liable, whose money are they liable with? That is what I am trying to get at.

If the OfS puts forward financial sanctions, whose money are they sanctioning at the student union? The student union’s money is just the university’s money, held in trust and spent on behalf of the university. Would student unions need to raise unrestricted monies, somehow? We know that most student unions do not raise unrestricted monies any more, because gone are the days of the bars. Or would student unions, if they were fined by the OfS, need to use their restricted university grants on this? If so, that clashes with the concept that that university grant is restricted to only the educational activities of the student—not for liability claims against the union. It seems strange that they would face this double regulation, and money able to be drawn from all different quarters, when they have no money themselves.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Monday 13th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

[Mr Holden]

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

Debate between Lloyd Russell-Moyle and Richard Holden

Monday 13th September 2021 Public Bill Committees

[Lloyd Russell-Moyle]

Q Hillary, you always get—and it is fantastic—some contrary students in student unions, who want to rock the boat. That is basically the point of a student union, under the Education Act 1994 and case law—v. Brady and others, for example. But is there a difficulty with this, particularly, that there might be a reverse chilling effect, and that rather than allowing students to invite whomever they want and then doing as Danny says and seeing whether there can be a process to ensure that things are followed, some student unions just go down the course of saying, “You can’t invite in anyone, because we don’t want to breach”—

Hillary Gyebi-Ababio: That is an important concern to raise: the inadvertent or indirect—well, I do not even know whether it is indirect. I think a direct unintended consequence of this Bill could be that student unions would become more risk averse to inviting speakers, because they just cannot handle the bureaucracy; they just cannot handle the prospect of having to pay lots of money in the case of litigation. They are having to worry about doing what they already do well and facilitate very well, in a way that is much more complicated and adds so many more layers of process to what they already do very well, in order not to face the consequences of this Bill. If we are going to think about bringing student unions into this duty, we have to think about the fact that they already have regulators, regulations and provisions to make sure that freedom of speech is facilitated well and strongly on campus. I think that is a legitimate direct consequence that this Bill could create for student unions—not least the £800,000 a year in printing and signing off the code of practice.

[Mr Holden]

Q My first question is to Mr Stone. I just wanted to pick up on something that we got evidence on earlier, which was that about 20% of students are apparently feeling unable to express their views in the classroom. I just wondered whether there were any specifics around Jewish students, given what you had said about the UJS having difficulty with people coming on campus.

Danny Stone: As I say, there have been various Israeli speakers that they have sought to have on campus, including a professor of international law at City University in 2015—cancelled. In 2018 it was the Israeli ambassador; the event was initially cancelled and then held after a legal threat. There is a suggestion by a law lecturer at City University that they had been refused a sabbatical for attending a law conference in Israel. For Israeli minorities that I spoke to, events were cancelled at short notice and held off campus, because the SU imposed charges. This is actually something fairly important; it has happened a number of times—student societies being asked to pay a fee to cover the security costs of an event going ahead.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Tuesday 7th September 2021 Public Bill Committees

[Mr Holden]

Q Of course. One of the interesting things that I thought that we might agree on was where you talked about wanting to promote what the university is doing in terms of freedom of speech. I thought that was an interesting and important point. That promotion of freedom of speech is a big part of the Bill—not just protecting it, but advocating for its promotion. Would you support that one aspect of the Bill?

Professor Whittle: Completely. I do not think it has to be legislated; it should be in university charters almost from the beginning. As universities, we promote freedom of speech. We participate in our local and national communities and we talk about what we are doing. We are completely open and frank about the research, information and teaching that we do, and we make it widely available to the public.

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

Q As in the last session, I declare my interests. I am a trustee at the University of Bradford Union. I work with the University of Sussex and UCU, the lecturers’, professors’ and academics’ union.

I want to ask about employment practices. We know that there is an ongoing problem. We heard earlier on today that there is a problem with academics often not being given tenure, and too many people being on short-term contracts. That means they constantly think about promotion and saying the right thing rather than producing the right academic work. Is that an area that you feel could be addressed? Would that help solve some of the issues around confidence in people speaking out, rather than trying to put legal duties here and there?

Professor Whittle: Absolutely. I think there is a great deal of insecurity for younger academics, and even some older ones who have been on the short-term contract system forever and a day. We see those academics constantly losing teaching, gaining teaching, and being asked at the last minute to do stuff without any security of tenure. I think that is really problematic because people try to second-guess what they might need to do to get that security.

Within that system, there is a lot of pressure for people to do often what we might call the teaching, marking and examining duties; not enough emphasis is given to their personal development through an academic career, so they miss out on the opportunities, the time and the support—often financially, say—to go to conferences or to do research because they have not got a tenured position of some sort. That is really problematic, and it has a knock-on effect. Academics often feel disempowered. Again, they try to think, “What do I need to do that will satisfy the system, give me a chance to get some research done and make sure I provide good quality teaching?”

I work in a post-’92 university, so I am not at a university that ever gives sabbatical time, for example. I have done most of my research at weekends, holidays and things like that, so I fully understand the problem that exists within that.

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

Debate between Lloyd Russell-Moyle and Richard Holden

Tuesday 7th September 2021 Public Bill Committees

[Mr Holden]

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

Parliamentary Constituencies Bill

Debate between Lloyd Russell-Moyle and Richard Holden

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 14th July 2020 Commons Chamber

[Lloyd Russell-Moyle]

When I went to the Table Office a few weeks ago to pick up this Bill I picked up the wrong one, and I was reading it and thinking, “This is a particularly good Bill and it seems very reasonable and sensible,” and then I realised it was actually a private Member’s Bill from a number of Conservative Members. So better suggestions have been laid here in Parliament, and it is such a shame that the Government do not take more heed of their own Members. But let us talk about the content of the Bill before us today.

The question is, of course, what is in a number, because the reality is that a percentage does not really matter. We are talking about building blocks that are numbers, not percentages. We do not say, “In this ward there is 5% of the population”; we say, “In this ward there are 3,000 voters.” That is what we are working on.

So let us talk about practicalities. In the average metropolitan borough or London borough, the average ward size is 9,800 people—about 10,000 people. A 5% variance at the moment excludes all of those borough wards. It does not affect nice shire counties where, of course, Government Members predominately come from, because their average size is only 3,000. So of course they are able to build coherent communities in those places more easily, but it is harder in urban areas and we divide and rule communities there with this 5% variance. If we had a 7.5% variance, we would of course avoid that, because then the variance is 10,000; the vast majority of our urban wards would be able to be included as a whole, and there would be very little problem.

I think there is actually an argument to review how we do boundary proposals in their holistic nature from bottom to top, and say that the boundary commissions for local government should be creating wards of smaller sizes, so they fit into the shape of what we want the variance to be. There is an argument for doing that to get the building blocks right, but the Government have not come forward with such a proposal; they have rejected the idea of talking about local government reviews at the same time as parliamentary Government reviews. Since that is off the table, we need to accommodate ourselves to the situation that we have.

[Mr Holden]

Will the hon. Gentleman give way?