Higher Education (Freedom of Speech) Bill

Mary Kelly Foy Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Mary Kelly Foy (City of Durham) (Lab) [V]]

I am pleased to be speaking in this debate as chair of the all-party group for friends of Durham University.

Let me be clear: I support freedom of speech. I want students and academics to feel comfortable discussing and promoting unpopular views in order to challenge conventional wisdom. After all, that is a vital part of university. However, I do not believe that freedom of speech should mean freedom from consequences. Under this legislation, universities and student unions could be forced to roll out the red carpet for holocaust deniers, transphobes anti-vaxxers and others with deplorable views, and if they do not, they risk being fined or sued. This is not a free speech Bill; it is more of a hate speech Bill.

Aside from being problematic morally, it is not clear how this legislation will work in practice. Durham University has told me that it still does not know how it will fit in with its existing duties. For example, the university subscribes to the IHRA definition of antisemitism, but now could be compelled to host holocaust deniers or face sanctions. Alternatively, speech around gender identity that might be allowed under this legislation could be in violation of the university’s policies on equality and trans rights. The university could therefore be forced to break its own codes of conduct, which are designed to protect staff and student welfare, or face fines. This is clearly wrong. Does this legislation supersede universities’ duties under education legislation, Prevent and employment law. It is all a bit of a mess.

What is especially frustrating is that this Bill is aimed at tackling a problem that does not really exist. Although Tories love to decry the so-called cancel culture at our universities, a study of 10,000 university speaker events found that just six were cancelled. As we have just heard from my hon. Friend the Member for Coventry North West (Taiwo Owatemi), four of them were cancelled for incorrect paperwork, one was cancelled to upgrade to a bigger venue, and one was a pyramid scheme. The words “moral panic” come to mind. In fact, Durham University has informed me that, far from encouraging a wider range of views, the threat of sanction could actually result in a more risk-averse speaker programme. The thing that really irritates me about this legislation is that there are so many other issues in higher education that need fixing. Freedom of speech is threatened less by wokeness and more by insecure work and limited funding. Students are concerned about the cost of rent, tuition fees, levels of sexual harassment and so much more, so where is the legislation to address those issues?

The Bill shows that the Government are more concerned with stirring up a culture war than addressing the real problems in society. It will only make life harder for students and staff in Durham who were already over-burdened by introducing more bureaucracy into education. It is just the latest example of the Government’s twisted priorities.

I will finish by saying to the Government: stop playing politics, scrap this Bill and introduce some measures that will actually improve higher education.