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.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, whether his Department has taken recent steps to help promote freedom of expression and peaceful assembly in West Papua, in the context of recent reports of political imprisonment in that region.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
The UK Government remains committed to upholding and defending human rights, freedom of speech and equality at home and oversees. We are aware of increased tensions in the Papua region and we continue to monitor developments closely. We have raised the issue of Papua with the Indonesian Embassy in London. Officials from the British Embassy in Jakarta visited Papua in March 2022 and met with officials, police, local business, human rights defenders, environmentalists and religious leaders. They also visited the region in February and July 2023.
Asked by: Lord Skidelsky (Crossbench - Life peer)
Question to the Department for Education:
To ask His Majesty's Government when they plan to bring into force all the provisions of the Higher Education (Freedom of Speech) Act of 2023, including the statutory tort contained in section 4, that have not yet come into effect.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The remaining provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force in two phases. The main provisions of the Act, including the statutory tort contained in section 4, free speech duties on higher education providers, constituent institutions and students' unions, and the new complaints scheme will come into force on 1 August 2024.
The second phase involves provisions relating to new conditions of registration on providers and monitoring of overseas funding. These will come into force on 1 September 2025. This information was published by the Office for Students on 13 September 2023, see: https://www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/.
The department will lay the necessary secondary legislation to bring the Act’s provisions into force by those dates.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will hold discussions with the Office for Students on ensuring that the forthcoming guidance for higher education providers on (a) securing free speech within the law and (b) publishing and maintaining a freedom of speech code of practice is published before 1 August 2024.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
The remaining provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force in two phases. The main provisions of the Act, introducing free speech duties on higher education providers, constituent institutions and students' unions, and the new complaints scheme, will come into force on 1 August 2024. The Office for Students (OfS) has already launched two consultations that will feed into new complaints scheme rules and guidance for students’ unions on the OfS’s approach to regulating them. These will be published before the 1 August 2024.
The second phase involves provisions relating to new conditions of registration on providers and monitoring of overseas funding. These will come into force on 1 September 2025.
The OfS expects to consult shortly on the proposed revisions to the regulatory framework, including on its approach to the recovery of costs, as well as on more detailed guidance on securing free speech within the law and on maintaining a free speech code of practice. The OfS consultations are not yet live, and the OfS will require time to run the consultation, analyse the results and publish a response before they can publish the guidance to which they relate. Precise timings on the publication of guidance are a matter for the OfS.