Higher Education (Freedom of Speech) Bill

Richard Holden Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

[Kate Green]

My right hon. Friend makes the point perfectly.

I want to ask the Secretary of State about some other uncertainties that the Bill creates. I think he is seeking to say to the House that the Bill would not protect holocaust deniers. However, if a university did not want to provide a room to holocaust deniers, would the proposed speakers be able to seek compensation through the tort created by clause 3? What if nobody turns up to a meeting that has been booked? Would it be lawful to advertise such a meeting? What about other forms of free speech? Will anti-vax campaigners be protected under the Secretary of State’s Bill? Does he believe that a university should be liable under the Bill if it seeks to stop the spread of dangerous misinformation from guest speakers? What about those seeking to spread conspiracy theories or to sow division in our communities? Does he really believe not only that this kind of harmful, hateful, divisive speech should be legally protected on campus, but that those seeking to peddle it can take a university to court for interfering with their right to do so? Those of us on the Opposition Benches believe that there is no place for that on our campuses, and that is why we will be voting for our reasoned amendment this evening.

We have other objections to this Bill. Actually, I cannot understand why the Government think it is needed. An assessment by the Office for Students found that just 53 out of 59,574 events with external speakers were refused permission in 2017-18. Perhaps that was an unusually slow year for cancel culture and there is a real problem. However, last year a survey found, as we have heard, that of 10,000 events with external speakers, only six were cancelled.

[Mr Richard Holden (North West Durham) (Con)]

Is not the point that free speech is stifled because people will not even bring these events forward? The hon. Lady must understand from having sat in loads of constituency Labour party meetings how people were silenced for years under the previous Labour leader. In fact, they were driven out of her party, so surely she can understand how that is also happening in education institutions today.

--- Later in debate ---

[Mr Richard Holden (North West Durham) (Con)]

First, I declare my interest as vice-chairman of the all-party parliamentary group on Durham University.

A few years ago, when I was at the Department for Education as a special adviser, I started in a roughly similar position to that of Opposition Members today. I did not think this should be a priority for Government either, but I have changed my views on that since I became a Member of Parliament. [Interruption.] Well, we will see how the right hon. Member for North Durham (Mr Jones) votes tonight and whether it will be along his party lines in defiance of an overwhelming argument from the Government Benches.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) made some very clear and sensible points about cancel culture, my hon. Friend the Member for Congleton (Fiona Bruce) did the same on freedom of religion, and my hon. Friend the Member for Devizes (Danny Kruger) had some interesting suggestions on where the Government should go further. I was particularly gladdened to hear from the hon. Members for Canterbury (Rosie Duffield) and for Gower (Tonia Antoniazzi), who spoke about issues surrounding women in academia and academic freedom. The argument from the Opposition Front Bench on this hate speech has clearly been knocked down by the Government. It is a Potemkin argument. We now argue about whether the Potemkin villages ever even existed. I think we will find that the Opposition Front Benchers’ arguments do not really stand scrutiny when the Bill makes further progress through this House.

What has changed my view is recent meetings I have had at the University of Durham. As I said earlier, this is not a sledgehammer to crack a nut, as Opposition Members have suggested. When a leading academic in the politics department told me that he had been castigated by colleagues for teaching about John Stuart Mill’s “On Liberty”, I found that absolutely astonishing. When I had cases where 18 and 19-year-old kids in my constituency were being cancelled within their own student societies for airing their pretty moderate views, it really surprised and worried me.

I gave a speech at South College, Durham a few weeks ago on this subject of freedom of speech. What has really tipped me over is the concern—the right hon. Member for North Durham and I agree on many things, but we totally disagree on this—about the influence of certain Governments and their financial power within the UK’s university education system. Let us consider the example of a university with 10,000 students, 60% of whom are from the UK and 40% of whom are from overseas. In the UK today, we will often find that half of those overseas students come from the People’s Republic of China and the amount of money they pay in tuition fees is equal to the income from the 60% from the UK. There is a real issue with freedom of speech if our universities are so dependent on those foreign sources of income, and that issue is present on our campuses today. I know that because I have spoken to students and academics who have been affected by it.

The key thing is that universities just wash their faces with the cash they get from UK students; the extra cash they get from overseas students allows them to do all the extra stuff they want to do. It pays for all the fancy new buildings we will have seen going up. It pays for the extra stuff universities want to be able to do, which allows them to push themselves up international league tables. That is what is really worrying me at the moment—we have a university system that is so reliant on that cash that it cannot pursue academic freedom itself any more, without the Government standing up to tell it that it has to.

That is one of the most important points about this legislation; it is there not just to protect freedom of speech, but to promote it. This addresses a point I made when I intervened on the Opposition Front Bencher, the hon. Member for Stretford and Urmston (Kate Green). People will not put themselves forward to say things about the Uyghurs, or about Hong Kong, democracy and freedom, because they are petrified of the impact it will have on their career, faculties and students. That is why this Bill is so apposite and important. We have a duty in our academic institutions in this country, which are some of the most respected in the world, not only to protect free speech, but to promote it. That element is key, because it gives academics the freedom to challenge, and sometimes they will be challenging their own academic institutions. That is at the core of everything we have to do as we look forward.

[Graham Stringer (Blackley and Broughton) (Lab)]

I understand the hon. Gentleman’s point about universities being dependent on income from overseas students. What concerns me more, and it is not touched by this Bill, is that some universities are getting investment from companies such as Tencent, which is wholly owned by the Chinese Government and is deeply involved in the surveillance state. Tencent has put a huge amount of money into the Chinese centre at Cambridge University, and Professor Nolan is telling students not to criticise the People’s Republic of China. Is that not a much bigger concern? It is not covered by this Bill.

[Mr Holden]

The hon. Gentleman raises an interesting point. I am just pointing out the massive financial ties to foreign Governments, and there is an element of this Bill helping to start to break down that barrier. Anything that contributes to that is a good thing.

Let me wind up by saying that the hon. Member for Birmingham, Yardley (Jess Phillips) made some really important points about sexual assault in universities, and I hope the Minister has taken those on board. Some close friends of mine were affected by that, and the Office for Students really needs to take this forward. I hope she will use her good offices to that end.