Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what assessment they have made of the Amnesty International report published on 13 May “On my campus, I am afraid": China's Targeting of Overseas Students Stifles Rights; and what action they are taking with allies to protect Chinese and Hong Kong students studying abroad who are subject to intimidation and surveillance from Chinese agents.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The government’s International Education Strategy and its recent update make clear that the internationalisation of the higher education (HE) sector cannot come at any cost. Universities must ensure they have appropriate processes in place to manage risk.
The department recognises concerns about overseas interference in the HE sector and regularly assess the risks facing staff and students.
The Integrated Review Refresh, which this government published in March 2023, sets out in clear terms the UK’s policy towards engagement with China and Chinese entities.
Any attempt by any foreign power to intimidate, harass or harm individuals or communities in the UK, or on campuses abroad, will not be tolerated. This is an insidious threat to democracy and fundamental human rights.
The department passed the Higher Education (Freedom of Speech) Act 2023 to further protect the UK’s campuses from interference and other threats to lawful freedom of speech. The Act strengthens existing freedom of speech duties placed upon HE providers in England and creates new routes of redress if these duties are breached.
The department has made the Commencement Regulations to ensure the main provisions of the Act are in place for 1 August 2024.
Where providers are operating campuses abroad, they must take, and should already be taking, reasonably practicable steps to secure freedom of speech within the law on those campuses.
HE providers are independent autonomous organisations and therefore responsible for ensuring they have adequate governance and risk management procedures in place when accepting donations. The department expects the HE sector to be alert to risks when collaborating with any international partners.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether they have made any representations to the government of Pakistan concerning the desecration of mosques and graves by police in Pakistan; and what response they have received, if any.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
We are aware of credible reports of police overseeing and taking part in the desecration of Ahmadi mosques and graves in Pakistan. The UK Government condemns all instances of hate and discrimination directed towards minority religious communities, including Ahmadi Muslims. I [Lord Ahmad of Wimbledon, Minister for South Asia] raised my concerns about the persecution of religious minorities and the protection of minority faith communities with Pakistan's Human Rights and Law Minister, Azam Tarar, on 15 April. The Foreign Secretary highlighted the need for the UK and Pakistan to work together to pursue freedom of religion and belief in his introductory letter to Foreign Minister Ishaq Dar in March. On 7 March, the UK formally registered UK concerns about the treatment of Ahmadi Muslims with the Pakistan High Commission, condemning all incidents of hate speech, the desecration of Ahmadi mosques and violence against Ahmadi individuals. We will continue to urge the government of Pakistan to guarantee the rights of all people in Pakistan as laid down in the Constitution of Pakistan and in accordance with international standards.
Asked by: Baroness Bennett of Manor Castle (Green Party - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what steps they are taking to ensure that Chinese students in UK universities, particularly those who are linked to China's military, are properly vetted and do not pose a threat to activists and people from Hong Kong based in UK universities who are campaigning against the actions of China and the Chinese Communist Party.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Higher education (HE) in the UK is recognised as world class and attracting the brightest students from around the world is good for UK universities. However, the government takes seriously any concerns about overseas interference in the UK’s HE sector. The department continually assesses potential threats, and takes the protection of individuals’ rights, freedoms and safety in the UK very seriously.
Any attempt by a foreign power to intimidate, harass or harm individuals or communities in the UK will not be tolerated. The National Security Act (2023) brings together vital new measures to protect the UK’s national security. The Foreign Influence Registration Scheme (FIRS) has been created to tackle covert influence in the UK.
The Defending Democracy Taskforce is reviewing the UK’s approach to transnational repression to ensure that there is a robust and joined up response across government and law enforcement.
The Higher Education (Freedom of Speech) Act 2023 will ensure that universities in England have the tools they need to deal with interference with, and threats to, freedom of speech and academic freedom wherever they originate.
Asked by: Fabian Hamilton (Labour - Leeds North East)
Question to the Foreign, Commonwealth & Development Office:
To ask the Deputy Foreign Secretary, if he will make an assessment of the implications for his policies of the ruling by the Appeal Court in Hong Kong on the banning of the song entitled Glory to Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
We are concerned about the erosion of rights and freedoms in Hong Kong, including freedom of speech, which is guaranteed under the Sino-British Joint Declaration. As the then Foreign Secretary said in the foreword to the January - July 2023 Six-monthly Report, "the Hong Kong authorities have extended the application of the National Security Law beyond genuine national security concerns…to use legal routes to supress the song 'Glory to Hong Kong'". I raised the deterioration of rights and freedoms in Hong Kong with Christopher Hui, Hong Kong Secretary for Financial Services and the Treasury on 24 April during my visit to China.
Asked by: Baroness Royall of Blaisdon (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government whether they plan to extend the deadline of 1 August for implementation of the provisions of the Higher Education (Freedom of Speech) Act 2023, given that the Office for Students has yet to publish guidance on the new complaints scheme relating to freedom of speech.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The main provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force on 1 August 2024. Provisions surrounding the new regulatory framework and overseas funding will come into force on 1 September 2025. There is currently no intention to delay the commencement of these provisions, the department will lay the required secondary legislation to meet these implementation dates.
The department will work in collaboration with the Office for Students (OfS) to implement the Act, to allow time for the sector to update their policies and codes of practice. The department meets regularly with OfS to understand progress.
The OfS have already launched three consultations related to:
The proposed guidance is intended to help providers, constituent institutions and students’ unions to navigate the new free speech duties that the OfS expects to regulate from 1 August 2024. The department understands that the OfS intends to publish the final version on or before 1 August 2024.
A provisional implementation timetable is available on the OfS website: https://www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/.
Asked by: Baroness Royall of Blaisdon (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what steps they are taking to ensure that the Office for Students will provide guidance on the complaints scheme under the Higher Education (Freedom of Speech) Act 2023 in a timely manner, in compliance with the provisions of the Act.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The main provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force on 1 August 2024.
The Office for Students (OfS) has already carried out consultations related to the regulation of students’ unions and new complaints scheme rules in December 2023. The department meets regularly with OfS to understand its progress on the implementation of the Act.
The OfS also launched a consultation on 26 March 2024 on its proposed approach, regulatory advice and guidance on the duties related to freedom of speech and academic freedom.
The proposed guidance is intended to help providers, constituent institutions and students’ unions to navigate the new free speech duties that the OfS expects to regulate from 1 August 2024. The department understands that the OfS intends to publish the final version on or before 1 August 2024.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Scotland Office:
To ask the Secretary of State for Scotland, what recent discussions he has had with the Scottish Government on the protection of free speech in Scotland.
Answered by Alister Jack - Secretary of State for Scotland
This Government is committed to protecting free speech.
It is the responsibility of the Scottish Government and Scottish Parliament, working with Police Scotland, to ensure that the hate crime legislation is implemented and enforced in a way that protects freedom of speech and has the confidence of people in Scotland.
Asked by: Nadia Whittome (Labour - Nottingham East)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps she is taking to ensure that universities uphold the right to freedom of expression for students campaigning on matters relating to the (a) war in Gaza and (b) rights of Palestinians.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
The right to freedom of speech, freedom of expression and academic freedom in higher education (HE) is one this government takes very seriously, and one that it has legislated to further protect.
Universities should be places where academics, students and visiting speakers can express a diverse range of views without fear of repercussion. The Higher Education (Freedom of Speech) Act received Royal Assent on 11 May 2023 and is now an Act of Parliament. The main provisions in the Act will come into force on 1 August 2024.
The Act will strengthen HE providers’ duties to secure freedom of speech and will create a new duty to promote the importance of freedom of speech. The Act will also extend the duties to secure freedom of speech to students’ unions and will establish new routes of redress if the duties are breached.
It is important to note that the Act only covers speech that is within the law. The right to freedom of speech is not an absolute right and it does not include the right to harass others or incite them to violence or terrorism. Encouraging terrorism and inviting support for a proscribed terrorist organisation are criminal offences, and HE providers should not provide a platform for these offences to be committed. In addition, providers should be very clear that any antisemitic abuse or harassment will not be tolerated.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Education:
To ask the Secretary of State for Education, pursuant to the Answer of 21 March 2024 to Question 17725 on Academic Freedom, whether she has had recent discussions with the Office for Students on whether (a) higher education institutions and (b) students’ unions will have enough time to implement the guidance on securing free speech within the law before those obligations enter into force.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
My right hon. Friend, the Member for East Sussex, and former Minister for Children, Families and Wellbeing with responsibility for freedom of speech in the department, met with Professor Arif Ahmed in 2023 following his appointment, and discussed plans for implementation of the Higher Education (Freedom of Speech) Act (the Act) over the next two years. I also met with Arif Ahmed on 16 January 2024. The intention has always been for the Office for Students (OfS) to publish any guidance within good time of the Act coming into force to allow the sector sufficient time to consider it. The expectation expressed was that any guidance pertaining to the provisions that come into force on 1 August 2024 would be published by summer 2024, giving the sector the summer period to implement it into their practices.
The department understands that the OfS continues to work towards these timelines as set out on their website here: https://www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/, although precise timings are a matter for the OfS.
A draft version of the guidance that the OfS intend to issue following consultation has already been published for the sector to consider here: https://www.officeforstudents.org.uk/media/fsvjdljh/regulatory-advice-24-guidance-related-to-freedom-of-speech.pdf.
Asked by: Bridget Phillipson (Labour - Houghton and Sunderland South)
Question to the Department for Education:
To ask the Secretary of State for Education, in reference to the Office for Students consultation on proposed regulatory advice and other matters relating to freedom of speech, announced on 26 March 2024, what discussions (a) she and (b) the Office for Students have had on this with (i) the Secretary of State for Business and Trade, (ii) other Ministers in the Department for Business and Trade, (iii) Officials in that Department, (iv) the Secretary of State for Foreign, Commonwealth, and Development Affairs, (v) other Ministers in the Foreign, Commonwealth and Development Office and (vi) officials in that Department.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
Officials regularly speak on matters of mutual importance across government, particularly on cross-cutting policy and new legislation. The department’s officials continue to engage with both the Office for Students (OfS) and other governmental departments (OGDs) surrounding the Higher Education (Freedom of Speech) Act 2023 (the Act).
Officials will continue to engage with the OfS and OGDs ahead of the Act coming into force, currently planned for 1 August 2024 for the main provisions, including the complaints scheme. The content of the consultation published on 26 March 2026 is a matter for the OfS.