Higher Education (Freedom of Speech) Bill

Lord Patten of Barnes Excerpts

Report stage
Wednesday 7th December 2022 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I remind noble Lords of my interests in the register. I celebrate the fact that the European convention and the Human Rights Act are being cited all over the Chamber today. That is wonderful.

I noted what the noble Baroness, Lady Fox, said about the music faculty at Oxford University. I do not recognise the aspersions that she was casting and will ensure that noble Lords are aware in due course of the situation as it stands. I certainly do not recognise that the university sought to stifle criticism of whatever the music faculty did. I will seek to clarify that with the Minister in due course.

[Lord Patten of Barnes (Con)]

I will add to the comments of the noble Baroness, and declare an interest as the chancellor of a moderately well-known university.

A university does not need legal advice in this case to defend freedom of research or expression; all it has to do is stop its subscription to the QAA—the Quality Assurance Agency for Higher Education—which only recently produced advice on the curriculum which was like a parody of an article in the Daily Mail. Among other things, it included the decolonisation of not just music—I entirely endorse what the noble Baroness has just said—but the maths curriculum. Clearly, the people who wrote it had never heard of Arabs, Indians or the Mayan civilisation, which was doing advanced mathematics before Christopher Columbus arrived. All that any university has to do is what Oxford has done—withdraw its subscription to the QAA, which is now pretty well on its last legs anyway. I regard the QAA’s advice to universities as in many respects the most dangerous assault in the last few years on freedom of expression and research at universities. It is crazy time—it is critical race theory canonised. Universities should denounce it with great enthusiasm.

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Lord raises a very important point, but is it not the case that many public institutions—including, I am afraid, this House in the past—have signed up to various highly controversial charters and indexes which require a standard of behaviour from the people covered by those institutions? At a national level, many of these bodies are cowed by aggressive minority interests into establishing and setting out these programmes.

For an individual employee working in those situations, it can be very intimidating to say, “I don’t agree with the Stonewall equality index and don’t see why my institution has signed up to it”. I am glad to say that this House, after a lot of pressure and with weasel words, eventually decided not to continue its membership, but many other organisations vie to have a high rating from it. That leads to behaviour and conditions in which it can be very intimidating for individuals who do not agree with the view taken. This is what this issue is really about and why it is so important. I hope the Minister will be very forthright in response.

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It would be very interesting to know why the Government think it might be appropriate to require the disclosure of sensitive and confidential commercial information. We will listen to what the Front Bench says, but I would be very grateful if the Government could reflect further on that and, as my noble friend said, perhaps come back at Third Reading, because this is of extreme importance to some of our universities and presses.

[Lord Patten of Barnes (Con)]

My Lords, I will speak in support of those observations. I speak at a university that is in receipt of an extraordinary stream of revenue from its academic press. I think it is true to say that it has the largest academic press in the world, which is hugely successful and is a very large international business. I am puzzled at the suggestion that the contracts it negotiates elsewhere are likely to have an effect on freedom of speech and the associated freedom of inquiry at the university itself.

One reason why the university press is covered is that it is part of the university—and it is part of the university precisely to stop that sort of thing happening. So I very much hope that we can have some clarity on this and get an assurance that there will not be any question of commercial fishing trips with university presses. It is incredibly important that they are allowed to go on firing on all cylinders and doing as well as they do at present. The Oxford University Press, for example, sells 2 million copies of the Oxford English/Chinese dictionary every year in China and has huge sales of academic books in Shanghai. Our China Centre has not been prevented from teaching people about what is happening in Xinjiang, Tibet or elsewhere. So I do think we need to be careful about how we address this issue and, at the very least, as the noble Baroness has just said, make it absolutely clear that fishing trips through FoI requests are out and that the Government would not seek to get involved in what could happen commercially unless there were some evidence that freedom of inquiry or speech had been compromised.

[Lord Wallace of Saltaire (LD)]

My Lords, I hope that the Government will take this away, consider whether there is a way of adapting to some of the valid points made on these amendments and, if necessary, come back at Third Reading—when, I suspect, any further government amendments would be welcome.

I will briefly raise a question that I have already raised with the noble Baroness’s private office, which is how Clause 9 on overseas funding relates to a substantial clause of the National Security Bill, which had its Second Reading yesterday. It seems in some respects to overlap or possibly duplicate it. We have to be very careful about the potential to ask universities to supply further information, answer reports and weigh down their central administration. We already have the National Security and Investment Act, which lays down a number of obligations on universities, which they are fulfilling—justified but additional burdens. This Bill and the National Security Bill will potentially add a further layer of detailed reporting by universities to government, which I am not sure government will be entirely capable of handling. I wish to mark that before those two Bills pass: we should be very clear that they are compatible with and complement, rather than contradict, each other.

Having said that, the question of funding and student unions wants looking at. I was not aware that there is significant overseas funding for student unions. I suppose it is possible that the Chinese, Saudi or even Russian Governments could decide that covert funding of student unions would be a way to influence the British debate, so perhaps there is a half-justification for this. But these Benches, having talked to a number of student unions, are concerned about these small, underfunded bodies, which have a very rapid turnover of officers—as is their nature—having burdens placed on them that are heavier than they can cope with and are not justified by the situation. I mark that as a caveat and hope that the Government take it back for further consideration.