Higher Education (Freedom of Speech) Bill

Debate between Miriam Cates and Claire Coutinho

Consideration of Lords message
Tuesday 2nd May 2023 Commons Chamber

[Miriam Cates]

I admit to having a sense of déjà vu, because I think this is the third time I have made a speech defending the sharp end of the Bill—which is, of course, the provision allowing students, academics and visiting speakers who have had, or are about to have, their freedom of speech curtailed to bring a claim against a university in court. Most cases can, will and should be settled through the Office for Students’ complaints process, but that could take months. There will be circumstances in which quick recourse is needed, for example when a speaker’s event the next day is due to be cancelled.

The Lords have tried to remove the tort. They have tried to water it down with the requirement to exhaust the complaints procedure first. That is why I initially tabled an amendment for consideration today to ensure that students and academics could still apply to a court for injunctive relief if necessary. However, I am very glad that the Government have tabled their own similar amendment; I have withdrawn mine, and will of course be supporting the Government. I thank the Minister for her commitment to the Bill and its original policy aim, and to freedom of speech. It would have been easy for her to capitulate to their lordships on this matter, and it is to her credit that she has not only identified the damage that the Lords amendments would have done to the success of the legislation, but has actively engaged with academics, Back Benchers and ministerial colleagues to ensure that the Government defend their legislation.

Retaining the full use of the tort is vital to the success of the Bill. After all, the Bill’s aim is not to enable people to sue universities—no one wants that to be the mainstream course of action—but to deter universities from reneging on their free speech duties in the first place. Essentially, we want the Bill to have a deterrent effect to help universities to stand up to those who wish to cancel certain viewpoints by providing for clear boundaries and swift consequences if they fail in their duty to free speech. Facing a long Office for Students complaints process is no deterrent against cancelling an event due to take place tomorrow, but the potential for court action is. Creating a liability risk for universities that neglect their free speech duties is the most effective way to ensure that free speech is always factored, substantively, into decision making.

I am not a free speech absolutist, and of course there should be speech that is illegal, such as racist speech and speech inciting violence. Everyone should take responsibility for what they say, and I believe that anonymous speech is a largely detrimental development in today’s culture. However, the freedom to voice opinions and present evidence, however controversial those opinions and that evidence may be, is a foundation of democracy. Authoritarian regimes, not democracies, censor speech, and when mainstream, evidence-based views, such as the belief in the importance of biological sex or the belief that immigration should be limited—for which my hon. Friend the Member for Bracknell (James Sunderland) was cancelled last week—are being shut down in our universities, we have a problem that needs to be addressed. Our brightest future minds, the young people in our universities, deserve to have an education that helps them to become robust, inquisitive, and appropriately sceptical of new ideas. They will become robust only if they have the opportunity to hear a whole spectrum of opinions and ideas and to learn that being offended is not an injury but an opportunity to learn and mature. We do our young people no favours by pretending that they need protecting from ideas and facts.

The shadow Minister, the hon. Member for Warwick and Leamington (Matt Western), spoke about the mental health crisis that some of our students face. I agree that there is a crisis in mental health among our young people, but the American psychologist Jonathan Haidt links that crisis in mental health with cancel culture and the over-protection of children in schools and universities from viewpoints and ideas that might hurt their feelings. His book confirms my belief that being exposed early on to viewpoints that we might disagree with and want to argue against helps us to become robust and makes us less likely to be injured and have hurt feelings when we come across views that are different from our own.

Those are the kinds of people that we want to be the future leaders of society, and the culture that starts in the universities always makes its way into mainstream culture. That is the point of our higher education institutions, so the Government are absolutely right to protect their policy aim of ensuring free speech in universities. That will be to the benefit of everybody in this House across the political divide and of future generations. It does not just protect one particular viewpoint; it protect everybody’s viewpoint.

[Claire Coutinho]

I thank the House for today’s debate, which demonstrates the full benefit of open discussion and free speech. I will touch briefly on some of the points raised. The hon. Member for Warwick and Leamington (Matt Western) said that he thought this was driven by the Common Sense Group’s views, but in fact it has been driven by the conversations we have had with academics who have been targeted for sharing their views on campus. They are the people at the forefront of our mind. In our last debate, I suggested that the hon. Gentleman might like to speak to some of them. I would be delighted to relate my conversations with them, but I think he should speak to them as well.

The hon. Gentleman talked about how we would assess costs, and he is right to say that that is a matter for the courts. That is well established. He also spoke about the cost to universities, but it is very simple: if universities would like not to have to spend money on redress, they should simply uphold freedom of speech. He mentioned Lord Willetts, and like everyone whom the Bill concerns, we have been talking to people right across the spectrum as we have moved through this process, and I am confident that people will see that we have come to a good place in our amendments. He also asked whether the money would be better spent on the staff and student experience, but I ask again: should not the staff and student experience of university be one in which they are exposed to different views and can speak freely and debate controversial ideas? Is that not fundamental? That is exactly what the Bill is trying to uphold.

The hon. Gentleman asked about examples of where we might want to use an injunction. An example of where we might want to see swift redress is if a student has been kicked off their course and they feel that their freedom of speech rights have been impinged on. We would want to deal with that quickly so that they can get back on their course and resume their learning swiftly. That been widely agreed on in our conversations as a reasonable example.

I thank my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates). She is absolutely right about building young people’s resilience. Exposing them to different views is a key part of growing up, and it is something that we all use as we go into adult life.

We remain convinced that the right to go to court is crucial as a way of enforcing the new duties in the Bill and providing redress for those who have had their rights unlawfully restricted. I am thrilled that both Houses now accept that the tort should be part of the Bill. I believe that in accepting amendments 10B to 10D as agreed by the other place, together with the inclusion of the Government amendment we have discussed today, we will have reached the right position to ensure that freedom of speech and open debate remain central to university experience.

Question put and agreed to.