Higher Education (Freedom of Speech) Bill (Ninth sitting)
Debate between Richard Holden and Michelle Donelan(3 years, 2 months ago)
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Mr Richard Holden (North West Durham) (Con)
I am vice-chair of the all-party parliamentary group for friends of Durham University
Clause 3
Civil claims
Amendment made: 4, in clause 3, page 5, line 21, at end insert—
“(aa) a constituent institution of a registered higher education provider, in respect of a breach by the governing body of the institution of any of its duties under section A1, or”. —(Michelle Donelan.)
This amendment is consequential on NC1.
Question proposed, That the clause, as amended, stand part of the Bill.
The Minister for Universities (Michelle Donelan)
Clauses 1 and 2 strengthen freedom of speech duties on registered higher education providers and extend them to students unions at approved fee cap providers. Clause 3 plugs an identifiable and substantive gap in the current legislative framework by providing individuals with a route of redress for loss suffered as a result of a breach of these freedom of speech duties. Clause 3 therefore creates a new statutory tort. This enables civil proceedings to be brought against a higher education provider in respect of a breach of the new duties under section A1 of the Higher Education and Research Act 2017, or against a student union in respect of a breach of the section A4 duty.
Individuals can still complain in the first instance—for free—to their higher education provider or student union if they consider that there has been such a breach. They can subsequently complain for free to the new complaints scheme that will be operated by the Office for Students, and students will still be able to complain for free about their provider to the Office of the Independent Adjudicator for Higher Education. However, the statutory tort will also be available, although we are clear that it is intended to be a route of last resort.
Higher Education (Freedom of Speech) Bill (Fourth sitting)
Debate between Richard Holden and Michelle Donelan(3 years, 2 months ago)
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Mr Holden
Q Your emphasis has been on the student and their feeling of academic freedom, which is something that we have not discussed in as much depth as we have for the academics themselves. Do you get the feeling that some of the academics you work with also feel that they have to self-censor in what they are doing, or is that more on the student side in your experience?
Professor Grant: I am going to be very dull and say that we do not know, because I like to look at the research and evidence. I have looked to see how you would survey academics to ask the same questions that we ask the students, and from a purely methodological point of view, it is really difficult to do that, so I will sit on the fence for that question.
The Minister for Universities (Michelle Donelan)
Q The Committee has heard evidence from a number of people who have said that their individual academic freedom, or that of their colleagues and, potentially, their students, has been restricted. Do you both acknowledge that that demonstrates that restrictions on freedom of speech in our universities are actually happening and are not a rare phenomenon?
Professor Layzell: Universities have a range of processes and procedures in place that protect and provide some protection against that. In my own institution, for example, promotions and reward procedures are anonymised—we focus on the CVs and the evidence in front of us—so existing mechanisms provide a degree of protection. I cannot comment on individual cases. I can guess some of the individuals you are referring to, and they may well have had some experiences where they felt disadvantaged or adversely affected; we recognise that.
In addition, the wording in the Bill varies in different places. In some places it talks about “likelihood” and in others it talks about being “adversely affected”. In our submission, we have suggested that “adversely affected” is a better term and should be used consistently throughout the Bill.
Professor Grant: I am going to be boringly analytical again. There is no issue when it comes to the cancelling events. The numbers are small, as the OfS demonstrates. There is potentially an issue when it comes to this idea of self-censorship in the classroom, and I think that is a legitimate concern. As I just said, when it comes to academics, we do not know. It is inevitable that people who feel that they have had their freedom of speech inhibited will talk about that, but we do not know about all the other people who are not talking about it. We need to get the data. At this stage, I will say that you cannot answer that question on academics.
Higher Education (Freedom of Speech) Bill (Fourth sitting)
Debate between Richard Holden and Michelle Donelan(3 years, 2 months ago)
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Mr Holden
Q
Professor Grant: I am going to be very dull and say that we do not know, because I like to look at the research and evidence. I have looked to see how you would survey academics to ask the same questions that we ask the students, and from a purely methodological point of view, it is really difficult to do that, so I will sit on the fence for that question.
The Minister for Universities (Michelle Donelan)
Q
Professor Layzell: Universities have a range of processes and procedures in place that protect and provide some protection against that. In my own institution, for example, promotions and reward procedures are anonymised—we focus on the CVs and the evidence in front of us—so existing mechanisms provide a degree of protection. I cannot comment on individual cases. I can guess some of the individuals you are referring to, and they may well have had some experiences where they felt disadvantaged or adversely affected; we recognise that.
In addition, the wording in the Bill varies in different places. In some places it talks about “likelihood” and in others it talks about being “adversely affected”. In our submission, we have suggested that “adversely affected” is a better term and should be used consistently throughout the Bill.
Professor Grant: I am going to be boringly analytical again. There is no issue when it comes to the cancelling events. The numbers are small, as the OfS demonstrates. There is potentially an issue when it comes to this idea of self-censorship in the classroom, and I think that is a legitimate concern. As I just said, when it comes to academics, we do not know. It is inevitable that people who feel that they have had their freedom of speech inhibited will talk about that, but we do not know about all the other people who are not talking about it. We need to get the data. At this stage, I will say that you cannot answer that question on academics.
Oral Answers to Questions
Debate between Richard Holden and Michelle Donelan(4 years, 1 month ago)
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Mr Richard Holden (North West Durham) (Con)
The Minister for Universities (Michelle Donelan)
As our Prime Minister often says, talent is equally distributed, but opportunity is not. This Government have made it our mission to rectify that, and equality of opportunity lies at the heart of the work by the Department for Education, including opportunity areas, access to higher education work and reforms to further education such as the flagship T-levels. We recognise that education has an unparalleled ability to create and unlock opportunities across the nation.
Mr Holden
In North West Durham, we see lower educational outcomes, especially among white working class pupils, who are getting disproportionately poor results. What measures are the Government taking to ensure better attainment at the ages of 16 and 18 and in later life, and not only to deliver greater opportunities for individuals, but to level up all our communities?
Michelle Donelan
It is vital that we raise school standards and outcomes across the education sector and that we raise and level up our country. That is why we established Opportunity North East, and tomorrow I will chair a board meeting to discuss that work. My hon. Friend is a tremendous advocate for his constituency, and I and other Education Ministers will continue to work with him to ensure that the young people of North West Durham get the chances and choices they deserve.