Higher Education Regulatory Approach

Nusrat Ghani Excerpts

Wednesday 15th January 2025 Commons Chamber

[Bridget Phillipson]

What we inherited from the previous Government was not a genuine attempt to solve a genuine problem; it was a mess designed to put party ahead of country. We saw a misplaced fascination with headlines for themselves, rather than a serious attempt to safeguard freedom of speech and academic freedom. It is precisely because this Government care about academic freedom and freedom of speech that we are determined to get this right, unlike the Conservative party. We are not content to leave it to vice-chancellors, who have done too little for too long. Universities must be places of robust discussion, where students’ views are challenged and academic freedom is central.

One of my many predecessors in the previous Government, the former Member for Chippenham, was unable to set out how the then Government’s proposals would prevent Holocaust deniers coming on to campus. Let me be clear: Holocaust denial has no place on campus or anywhere else in our society. The legislation would have emboldened Holocaust denial, and showed a shameful disregard for the welfare of Jewish students.

On the legal proceedings the right hon. Lady mentions, she was a member of the previous Government and knows very well that I am unable to comment on any aspect of that.

I said I would consider all options. I have done precisely that and have returned to the House, as I intended, to provide an update. If Conservative Members want to know what a U-turn on free speech looks like, I suggest they turn their attention to Liz Truss, who for so long extolled the virtues of free speech and is now on some bizarre quest to cancel the Prime Minister for saying that she and the Conservative party crashed the economy. Freedom of speech cuts both ways. What a bunch of snowflakes!

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Select Committee.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I thank the Secretary of State for confirming the Government’s approach to the implementation of the Higher Education (Freedom of Speech) Act 2023, and I welcome the clarity that she has provided today.

The implementation of the Act will present some challenges for universities and for students. The Secretary of State will know that there can sometimes be a fine line between free speech and hate speech, and between statements of views and opinions and incitement or encouragement to violence or intimidation in the real world. Can she assure the House that she will ensure that universities and students are absolutely clear about the limits to free speech, which are already enshrined in law, and that support will be provided on the interpretation of that when it is needed?

Professor Shitij Kapur, vice-chancellor and president of King’s College London, has said:

“Universities are not there to function as a Speakers’ Corner where anyone can stand up and express an opinion not necessarily supported by facts. If academic freedom is to mean anything, it must be accompanied by the academic obligation for ideas and claims to be accompanied by evidence and reason. Proponents have an obligation to engage and respond to those questioning their assertions and conduct that debate and discourse in a civil manner.”

How will the Secretary of State ensure—particularly as the erosion of fact-checking and moderation on social media is taking place before our very eyes—that the implementation of the Act results in a high quality of evidence-based discourse conducted in a culture of civility?

[Bridget Phillipson]

I am grateful to my hon. Friend for her questions and her approach, and I look forward to discussing these issues with the Select Committee in due course should its members so wish.

My hon. Friend’s point about disagreement is important. Free speech should be robust and we should be able to express our views, but all of us, especially those in public life, have a duty to ensure that we do so in a way that is responsible. As for the tort—this is at the heart of the issue that she has identified—I was concerned that the potential impact of legal proceedings and the financial consequences for providers of breaching their duties under the Act might have led to some providers unduly prioritising free speech that is hateful or degrading over the interests of those who feel harassed and intimidated. These issues can be finely balanced. We will provide further clarity through the Office for Students, but let me make it clear that academic freedom and freedom of speech are crucial tenets of our country’s history.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

I thank the Secretary of State for advance sight of her statement.

The Liberal Democrats fully support free speech, which, as several Members have pointed out, is at the heart of academic freedom, but it was clear from the start that this piece of legislation was not based on evidence, was not proportionate, and was fundamentally flawed. We welcomed the pausing of its implementation last year, and I welcome now the acknowledgement of its flaws and the Secretary of State’s move to repeal the provisions on the tort and on student unions in particular. I must, however, press her on the fundamental question of why the Act is necessary.

Higher education institutions already operate within a legal framework to ensure that freedom of speech within the law is secured for academic staff, students, employees and visiting speakers, and universities have already taken action to improve their policies and processes relating to freedom of speech. Universities UK, which represents over 140 universities, has reissued and expanded its guidance in this area, as well as having regular discussions with university leaders to support them with these challenges. Would the Secretary of State consider taking a more meaningful step to ensure that students are safe, welcome and protected at universities by giving higher education institutions a statutory duty of care for their students?

The Secretary of State also referred to the well-documented fears of minority groups, particularly those in Jewish communities, that the Act in its previous form would allow a platform for extremist views, and she mentioned Holocaust denial. We had some indication of this in her statement, but will she provide more details of her plans to protect those from minority groups and communities on our university campuses?

[Bridget Phillipson]

I am grateful to the hon. Gentleman for raising those questions. I will start where we agree, and then move on to where I might disagree with him.

I agree that freedom of speech and academic freedom are essential, but, sadly, we have seen too many examples of their not being upheld in the way that they should be by universities. The right hon. Member for Sevenoaks (Laura Trott) raised a number of cases in which we have seen unacceptable practice, and some individuals have had to seek recourse through employment law when it should have been possible for them to seek redress sooner. That is precisely what we are seeking to deal with in ensuring that the Office for Students is able to focus on the most serious cases without being caught up in complex cases that could be less well founded or even nonsensical.

I want to be clear that we have engaged with people with a range of views on these topics, including those who hold gender-critical views, those who were in favour of the legislation and those who had concerns. That careful process of engagement with the sector, stakeholders and people with a range of views has enabled me to come to the House today and set out our approach.

[Madam Deputy Speaker]

I call Mark Sewards, a member of the Education Committee.

[Mr Mark Sewards (Leeds South West and Morley) (Lab)]

I welcome the Secretary of State’s statement. It is good to see that our universities will no longer be a battleground in which political parties seek to make headlines—unsuccessfully, I might add. Does she agree that now that she has taken decisive action on this issue, it is time to talk about the financial situation facing many of our universities, which threatens their very existence? We know that students are paying far more for far less at university, and we need to end that ridiculous cycle.

[Bridget Phillipson]

I agree with my hon. Friend that, across the board, there are big challenges in the university sector. That is why I took the difficult but necessary decision last year to increase the fees that they are able to charge. This year, we will engage in reform right across the sector to provide the long-term financial sustainability that is required. As my hon. Friend recognises, we on the Government Benches are clear that our universities are a central part of our local and regional economies, and a beacon of excellence around the world. That is why so many students from around the globe seek to come to our world-leading universities.

[Madam Deputy Speaker]

I call Dr Caroline Johnson, a member of the Education Committee.

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[Bridget Phillipson]

I know that the right hon. Gentleman is probably used to his party engaging in these discussions on quite difficult and sensitive issues in a rather reckless and irresponsible way, but we on these Benches take our time to do this seriously and properly to make sure that we get it right, because this is such an important area. He will have heard from my speech—I will set out further detail—the requirements that will be in place through registration conditions, the fact that the Office for Students will be able to impose penalties on institutions, and the requirements that we expect of all higher education providers. My message to vice-chancellors and institutions today is that they need to do more, and they need to do it better.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call Select Committee member Darren Paffey.

[Darren Paffey (Southampton Itchen) (Lab)]

I thank my right hon. Friend for her statement and for the measured, practical and common-sense approach that it takes, which is in sharp contrast to what we are hearing on the Opposition Benches at the moment. Although we will always defend their right to their opinions, a right to their own facts is rather regrettable and their revisionism is quite astounding. I know at first hand the value of a university education. It is about having our views challenged. It is about critical thinking based on evidence and facts and having our horizons opened. Does the Minister agree that this foundation and the measures announced today are the right way to secure academic freedom in the future?

[Several hon. Members rose—]

[Madam Deputy Speaker]

We have substantial business to get through today before the House rises, so if questions are short I can get everybody in; if they are not, people are going to be disappointed.

[Sir Gavin Williamson (Stone, Great Wyrley and Penkridge) (Con)]

I thank the Secretary of State for coming to the House and setting out the revised position of the Government. I am particularly concerned about the removal of the tort, because it effectively removes the real consequences for people who disregard free speech and the consequences that could be imposed on an institution or organisation. If that is going to be the case, can she set out to the House what resources will be dedicated to the director of free speech? Let us hope this is not just a one-person fig leaf. How many people are going to be working for them? What resource will there be to ensure that free speech is protected?

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[Bridget Phillipson]

I am afraid I did not quite catch the very last part of the right hon. Gentleman’s questions, but I will happily look in Hansard and return to him on that point.

[Madam Deputy Speaker]

I think he just wants to hear a yes to attending a meeting.

[Bridget Phillipson]

I am afraid I am not going to do that without having reviewed exactly what the right hon. Gentleman said, Madam Deputy Speaker. I know him quite well. The Department for Education and the Home Office are looking jointly at some of these areas, and I want to be clear that national security is our No. 1 priority as a Government. I am grateful to all those who have engaged in good faith with the Department in this conversation. They hold a wide range of views: there are those who are for the Act and those who are against, as well as those with views somewhere in the middle and those with some new ones. I am grateful for their contributions to this discussion. I hope they can all see that we have taken this seriously and that we now have a workable plan to ensure that freedom of speech and academic freedom in our institutions are protected into the future.

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[Bridget Phillipson]

I am grateful to my hon. Friend for sharing those comments. I pay tribute to the Union of Jewish Students for the amazing work it does every day to support Jewish students on campus and to ensure that their voices are heard, including at the highest levels of Government. I give my commitment to UJS that I will continue to work with it and other student groups to make sure their voice is always heard. We as a Government are resolutely behind them in the fight against antisemitism in our country.

[Madam Deputy Speaker]

For the final question, I call Dr Scott Arthur.

[Dr Scott Arthur (Edinburgh South West) (Lab)]

As someone who was an academic until about 5 am on 5 July last year, I thank the Secretary of State for her statement and for the leadership she has shown on this issue. I will ask a question in the context of my entry in the Register of Members’ Financial Interests.

I am proud of all the universities in Edinburgh and how they attract students from all over the world, but last year when I visited the Edinburgh Hebrew Congregation, which is the main synagogue in Edinburgh, I was ashamed to hear of the intimidation that Jewish students were facing in university. I was pleased to hear that universities are taking that seriously and I know that the Edinburgh faith forum is too. Freedom of speech is an important right, but that should never extend to bigotry and hate. Does the Secretary of State agree that students should be free to practise their faith, always, and able to display their faith publicly, no matter what it is, without fear of intimidation?