Clause 1 - Duties of registered higher education providers

Part of Higher Education (Freedom of Speech) Bill – in a Public Bill Committee at 3:15 pm on 15 September 2021.

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The three amendments seek to provide that enhanced protection. My hon. Friend the Member for Warwick and Leamington has covered amendment 45. It seeks to make it absolutely clear on the face of the Bill that the provision pertains to innovative research as well. That was one of the issues that came from the evidence sessions: the biggest feeling of insecurity is among people who are doing leading-edge research that challenges existing establishment views and that, maybe for some, goes over the edge of acceptability. However, it is often the case—and I cite section 28 here—that those sorts of statements, activities and expressions of view become accepted wisdom within a period of time. All those equalities things that I can remember being condemned for personally in the Evening Standard throughout the 1980s are now accepted as Government policy and by all political parties. Putting “innovative research” in the Bill would close a door and clarify the situation.

Amendment 46 seeks to re-emphasise the ability of academics to freely pursue their teaching and research without—this is where section 28 comes into it —“government or institutional interference”. It is fundamentally important that we say that. We need to learn the lesson of section 28. Given the policies that have been developed on equalities by all our political parties, I think we have learned that lesson, but it is worth legislating to that effect as well. I do not want to be here in another period of moral panic over a particular issue, with a rush to Government activity that seeks to influence institutions in a way that means people suffer as a result, and in subsequent years people realise their mistake, by which time, unfortunately, too many people have been harmed.

The reference to “government or institutional interference” is quite significant. I say “institutional interference” because these days a large amount of policy development, and even policy making, is undertaken by agencies other than Government, agencies established by Government or institutions that have been funded and established to perform a role on behalf of Government.

The other issue—the prickly one, really—is the right of an employee or academic to criticise the institution that they work within. That is quite fundamental. The Minister might argue that the protections are there already in employment law and so on, but the message we were getting from the evidence sessions is that they are not. The way in which people are victimised by their institutions—“providers”, as we call them—or their employers can be quite subtle, and quite undermining in a way that might not stack up if they go to an employment tribunal, so it is worth putting on the face of the Bill that a person can challenge the institution that employs them and have that protection.

Of course, if any of these cases ever did come before the courts, there would have to be some test of reasonableness, but I think English law can cope with that. Having this protection on the face of the Bill would just give people more confidence. It is a reflection of what we heard and our own individual experiences when we have talked to academics and others working in this sector.

Amendment 48 covers the issue, which others have referred to, of not being denied career development. There are too many examples of people saying that it was about not just the appointment, but the ability to go on training courses and be supported in areas that would lead to career enhancement.

On amendment 47, we must ensure that these protections are all-encompassing. A person might be trying to be protected from the provider they are working for or operate within, but we also want to ensure that they are protected from the activities of other providers that they may want to work for or with in the future. That is why we are inserting “other providers”.

We are setting out a comprehensive range of protection. I say again to the Minister that if this form of words is not acceptable today, let us work on it and try to get it sorted for Report, or failing that, when the Bill goes to the House of Lords—although it is an institution I think we should have abolished years ago. If we can get a comprehensive range of protections, this Bill, which I still think is inappropriate, at least might reflect what we heard and what we know is happening on the ground, which is a serious cause of concern.

One of the reasons I am not happy with the Bill is that I believe most of these protections should be installed in employment law, which would mean that they are much stronger than they are in a Bill of this sort, but the Government have chosen to go down this path, and that is why we tabled these amendments. I think they are completely reasonable, and I cannot understand why anyone would not support them. If it is a matter of wording, semantics or whatever, let us work on them and resolve the issues. Either we should accept them today or we should get a very strong commitment that a similar form of words will be introduced into the Bill.