Higher Education (Freedom of Speech) Bill

Debate between Matt Western and Jeremy Corbyn

Consideration of Lords amendments
Tuesday 7th February 2023 Commons Chamber

[Matt Western]

I thank my hon. Friend for his important intervention. He is absolutely right, and he and many others on our side made that point repeatedly in Committee about the unintended consequences of the Bill, which would have a chilling effect. Those are the thoughts of Lord Willetts and many others in the House of Lords as well, who made it clear that that would be the result, particularly among smaller institutions, that may be less familiar to certain Members across the House, which do not have the resource or capacity to be able to administer these measures.

Ministers are choosing to ignore the widespread condemnation of the tort from Members in this place, Lords, sector representative bodies, students, trade unions and academics. They are seemingly prepared to carry on regardless. As recognised by so many, the tort is a clause primarily in search of a problem, but perhaps that is the point for Ministers. It is otiose; that is to say it serves no practical purpose or result.

Put simply, the objections to the tort raised in the other place are damning. I am well aware that this Government do not value expertise or experts, but, my God, they should. Their predisposition towards certain right-wing think-tanks has cost this country dear, and in terms of legal matters, or indeed the tertiary education landscape, the intellectual heavyweights in the other place, comprised of former vice-chancellors, current chancellors, former Supreme Court justices, ex-Masters of the Rolls and many former Education Secretaries and universities Ministers, have a brain quotient that is certainly higher than two. Their collective experience dwarfs that of the current Education team, and for that matter my own experience. It is for that reason that I take very seriously the warnings and advice given by peers in the other place, and, importantly, not just from one party but from across the House. There is perhaps no other clause in the Bill that provokes such widespread condemnation as clause 4, allowing individuals and groups to sue universities for losses resulting from a university or student union failure to secure their free speech duties.

Speaking of brains, Lord Willetts, a former Minister for higher education, believes that the risk of legal challenges would be terrible for freedom of speech in our universities, as people are likely to keep their heads down, not invite speakers, lie low and stay out of trouble. In other words, the prospect of vexatious litigation will have unintended consequences.

Lord Grabiner, an eminent jurist, went further and feared that the clause could be used by

“well-heeled trouble-makers for whom the costs issue would be of no concern at all.”—[Official Report, House of Lords, 14 November 2022; Vol. 825, c. 709.]

That may all be well and good for well-funded free speech litigators, perhaps with the unlimited support of the Free Speech Union, but for small institutions and higher education providers in particular, it will be crippling. He poses the question we all want the answer to:

“Why would the Government think it appropriate to subject our universities and student unions to any of this legalism?”—[Official Report, House of Lords, 7 December 2022; Vol. 826, c. 210.]

Perhaps the Minister can give us a satisfactory answer today.

Even if we agree with the principle of the statutory tort, it is totally unworkable in its current form. The ex-Master of the Rolls, Lord Etherton, identified two glaring deficiencies in the tort as it stands. First, it is not clear what level of loss or damage is required for a successful claim. Secondly, it is also not clear what category of persons is entitled to make a claim. Lord Etherton concluded that

“it is extremely difficult to see what kind of order a court could make in practice that would deal with the situation that has arisen in relation to the non-securing of freedom of speech.” —[Official Report, House of Lords, 14 November 2022; Vol. 825, c. 706.]

That leaves the tort as both undesirable and unworkable.

As well as being undesirable and unworkable, the tort has the potential to be actively harmful to the promotion of free speech on campus and hence totally counter- productive, as I was saying a moment ago. The Russell Group has reiterated its warning that:

“Managing the potential for litigation would…likely create significant administrative and resource burdens without adding to the enhanced protections for free speech introduced by the new OfS complaints process.”

In other words, we could have the worst of both worlds: no liberalising effect on free speech on campus, but with all the associated costs of legal action.

One student union I heard from recently informed me that there is currently no budget allocated for paying for legal action. Legal advice would need to be paid for out of its reserves. To make matters worse, it claimed that it would also be impossible or difficult to obtain insurance for such legal action. In a sense, therefore, student unions will be doubly bound, being required to build up large enough reserves in preparation for fighting such lawsuits, while also having to engage in expensive legal battles. Using that money will inevitably detract from student welfare budgets, SU facilities and the much-valued nature of campus culture. I return, once again, to the ever-prescient question posed by Lord Grabiner in Committee in the Lords:

“Why would the Government think it appropriate to subject our universities and student unions to any of this legalism?”

[Jeremy Corbyn (Islington North) (Ind)]

My hon. Friend is making an excellent contribution to this debate. Does he agree that the problem is that this will diminish the campus experience and the quality of university life for many students, and that those who can afford to relocate their activities to expensive private locations outside campus will do exactly that, while the rest will essentially be in fear of legal action and will therefore not be ensuring that there is a challenging intellectual environment on all our campuses and in all our universities, as ought to be the case?

[Matt Western]

I thank my right hon. Friend for his intervention. He is absolutely right that these sorts of events could go underground, with restricted access, and, because they will be displaced off campus, they will be beyond universities’ jurisdiction.

I could go on and on about the issues with the tort, but lords from across the House of Lords made them absolutely clear. Consistently attacked from numerous angles, from numerous sources and for numerous months, the Bill has taken two years just to get to this stage. It is flawed in so many ways, although that increasingly seems to be the hallmark of this Government. Even the Minister in the Lords, Earl Howe, was prepared to concede on making the tort a remedy of last resort and limiting it to those who have suffered a loss. In what is perhaps the shoddiest part of the Bill’s progress so far, the Minister before us is now asking us to disregard her own counterpart’s suggestions for improvement in the other place, in the light of no new evidence. If it did not have such potentially damaging consequences for students and universities, it would be ludicrous. It is for the reasons I have just outlined that Labour will oppose the inclusion of this undesirable, unworkable and counterproductive tort in the Bill in the interests of students, staff and even freedom of speech itself.

Financial and Social Emergency Support Package

Debate between Matt Western and Jeremy Corbyn

Wednesday 25th March 2020 Commons Chamber

[Jeremy Corbyn]

My hon. Friend understands the issue and represents his constituency extremely well. I know that a lot of his constituents are in that situation. We have to have better regulation of the private rented sector, with security of tenure and realistic rent levels. We also have to have the spirit of what was said, which was that there would be protection for people in the future. The danger, as he points out, is the opposite: it will just put costs up in a few months’ time. Remember, if somebody has a mortgage and they rent privately, they will pass on the cost of the mortgage to the private renter. That is a problem he quite rightly emphasises.

Shelter estimates that 20,000 eviction proceedings are already in progress and will go ahead over the next three months unless the Government act to stop them.

[Matt Western (Warwick and Leamington) (Lab)]

I thank my right hon. Friend for giving way. He is making a powerful speech. Just last week, the Prime Minister assured us that he was bringing forward legislation to protect private renters from eviction. Pauline, a 76-year-old in my constituency, received a letter two days later saying that she would be evicted on 13 May. She has been in that property for 13 years and has paid her rent every month on time. How on earth is she supposed to find another property if she is not even allowed out of the house?

[Jeremy Corbyn]

Exactly. How on earth can she go around looking at places if she is not allowed out of the house? It is absurd.

Labour’s demands are very clear: ban evictions for six months and suspend rent for those affected by coronavirus. It is going to cost and it is the right thing to spend it on. It protects people in their housing. As we look beyond this crisis, let us give tenants greater rights and control exorbitant levels of rent. We need real solutions to the housing crisis, as the shadow Housing Secretary, my right hon. Friend the Member for Wentworth and Dearne (John Healey), has said on many occasions.

Let us end rough sleeping and homelessness once and for all. We are the fifth richest country in the world. It is not necessary—in fact, it is a national disgrace—that there are so many people sleeping rough in our society. Again, the coronavirus has shown just how vulnerable is the health of the most desperate and poorest people in our society. I want to pay tribute to the Mayor of London, Sadiq Khan, whose team have worked tirelessly to secure hotel accommodation for rough sleepers—well done Sadiq, and well done the team. They are aiming to get 3,000 hotel rooms for people who have been sleeping rough on the streets of London. I know that the Mayors of Greater Manchester and Liverpool City Region and others are doing everything they can to do exactly the same. The Government can make a pledge today that anyone who was homeless before the pandemic will not be returning to the streets at the end of the pandemic. If we can house people in a crisis, we can keep them housed when it is over. Right now, we need to support all our public services as they face their greatest test.