Higher Education (Freedom of Speech) Bill

Fear of censure is deeply saddening and has a chilling effect and spread on campuses. There continue to be too many reported instances where students or staff have been silenced or threatened with a loss of privileges or even dismissal for airing views or opinions that others disagree with. I have previously spoken about how that growing intolerance cannot be allowed to take root and I made it clear that if universities would not protect free speech, the Government would.

I turn to the reasoned amendment, which Mr Speaker has selected. The Government have been clear that the Bill protects lawful speech only. Unlawful speech on campuses will not be tolerated. To be clear, nothing in the Bill encourages higher education providers or students unions to encourage baseless or harmful claims or bad science on campus. We should be proud of our life-saving covid-19 vaccine roll-out, and we are pleased to see that more than half of 18 to 24-year-olds have already received their first dose.

This is why clause 3 introduces a new statutory tort that will protect visiting fellows, students and other individuals who may not be able to seek redress through employment tribunal. Though this legal route is an important backstop, we do not want all cases going to court where they could otherwise be resolved by other means. We are therefore providing that the Office for Students, the regulator for higher education in England, will play a more active role in strengthening freedom of speech and academic freedom standards in higher education.

Clause 4 imposes new freedom of speech duties on the OFS, including requiring it to promote the importance of freedom of speech within the law and the academic freedom of academic staff at higher education providers. The OFS will also play an important role in identifying best practice and providing advice in relation to the promotion of these rights.

The OFS will have a more direct route to regulate the freedom of speech duties under clause 5, which requires the OFS to set new registration conditions relating to freedom of speech and academic freedom. This clause will ensure that the registration conditions relating to freedom of speech and academic freedom are aligned with the duties on higher education providers imposed by the Bill. The OFS will be able to ensure that these are complied with by using its usual powers of accountability and enforcement, such as the power to impose fines.

As I have said, it is vital that students unions are also doing their bit to ensure freedom of speech on campus. Clause 6 extends the regulatory functions of the OFS so that it can effectively regulate and enforce the new freedom of speech duties that we are placing on students unions. The OFS will monitor compliance and have the power to impose fines.

The Secretary of State claimed a moment ago that a legislative framework—including, I was pleased to note, Labour’s Equality Act 2010, to which he referred—to prevent the spreading of hate speech is already in place, but that was not the view of the Government’s Minister for Universities, who, as we heard from my hon. Friend the Member for Nottingham South (Lilian Greenwood), acknowledged that holocaust deniers could be protected under this Bill. If the Minister responsible for this legislation believes that the Bill protects or could protect holocaust deniers, that should be a sufficient reason for any Member of this House to oppose it.

It is right, as the Secretary of State said, that we have laws to prevent hate speech, but is not at all clear that they will prevent the kind of harmful speech that will be protected under this Bill. It may not always be the case that there is a victim of harassment as prescribed under the Equality Act if, for instance, there is a meeting to discuss holocaust denial at which only those who support those horrific views are present. Conservative Members have no response on how existing laws will prevent harmful conspiracy theorists—such as anti-vaxxers—who could be protected on campus. Does the Secretary of State’s Bill protect the misinformation that causes damage and concern about vaccines and their efficacy, such as was spread by Professor Andrew Wakefield?

Not only could holocaust deniers have their right to speak on campus legally protected, but if they feel they are denied their right, they could take universities and student unions to court to seek financial recompense. They would be able to seek a pay-out from universities, seeking to cash in on public money—students’ tuition fees—that should fund teaching and learning.

The Government’s plans, I am afraid, seem to be based pretty much entirely on a report by Policy Exchange, referenced by the Secretary of State and referenced in more than one third of the footnotes of the policy paper that Ministers published in advance of the Bill’s publication. The Government’s paper cites the report’s finding that around one in three academics—I think the Secretary of State referred to this—who identify as being politically right or fairly right have stopped openly airing opinions in teaching and research. He referenced other figures in relation to left and centre-left academics.

Let us examine a bit more of the data. Ten currently serving academics said that they were self-censoring right-wing views. I agree that widespread academic self-censorship would be deeply troubling, but the numbers we have are modest and do not, in my view, really make the case for a legislative response when the Government’s priority right now should be students’ recovery from the pandemic, making up the learning they have lost and securing their futures. Even if I am wrong, and the Secretary of State is right that there is a chilling effect on campus and that legislation is required to deal with it, do we need this Bill to do it?

Who are members of the university for the purposes of the Bill? MillionPlus, for example, has asked whether it would cover emeritus professors. Is it desirable to risk the Office for Students, a body whose board is appointed directly by politicians, effectively becoming a state censor of controversial topics? Why does the Secretary of State believe that clause 3 is needed? Why does he think that we need a route straight to court, bypassing university complaints procedures? If he does believe that a route to court is necessary, can he say whether there will be any limit on the damages that could be awarded? Does he not understand that, as Universities UK has warned, this risks giving a free pass to vexatious litigants and their lawyers?

Even if we thought the Bill were needed, it is poorly drafted and counterproductive. Today, we are debating a Bill that has been put forward in response to a problem that exists largely in the mind of the Secretary of State. Even if the problem did exist, the Bill would not be needed because its core provisions already exist in our laws, and even if new legislation were needed, the Bill creates more problems than it solves and is poorly drafted. In short, in every way that a Bill can fail, this Bill fails.

However, the real menace is what the Bill will achieve if the Conservative party is able to get it on to the statute book. It will enshrine legal protections for harmful and divisive speech. The kind of speech that we would not tolerate in this House would be protected in universities across the country. The Bill creates a new legal framework that allows for those responsible for such harmful speech to take legal action against universities, eating into the resources that ought to be educating our young people and supporting our world-class research programmes. The Bill is unnecessary and it is poorly drafted, but above all, it is deeply wrong and those of us on the Labour Benches will not support it. I commend our reasoned amendment to the House.

Although there may be some good intent behind the Bill, it should be approached with caution. To be clear, this Government are curtailing academic freedom by ordering blog posts by academics to be removed. They have told English schools not to use materials from organisations promoting the end of capitalism. I am not convinced that this Government can ever be the champion of free speech; they seem to support free speech when it suits their purposes and oppose it when Conservative ideals are challenged.

More practically, there are concerns about how the Bill will operate. Under the Bill as it is, any lecture, seminar or guest speech could end in a law suit. The Bill is almost unique in the breadth of its provision. In a normal judicial review, if someone wishes to challenge a decision of the Government, they must have standing—in other words, they must be affected by the decision that they wish to challenge—but in this Bill there is no “standing” requirement: any person, business, campaign group or organisation can sue. There are concerns that particular groups, especially well-funded ones, may be able to sue universities in respect of speakers who are there simply to provide debate and a challenging argument for students.

There are also concerns about the ability of universities to balance the new requirements with other statutory obligations. According to the Russell Group, there is a risk that the duty to promote free speech might indirectly undermine universities’ efforts to comply fully with the public sector equality duty, which includes duties to eliminate unlawful discrimination, harassment and victimisation and to foster the participation in university life of affected groups.

While I recognise many of the issues being discussed here today, it is important that a proper balance is struck between freedom of speech and discrimination. While the SNP will participate in the debates on the Bill, it is important to say that this is a devolved issue, and we will be participating as and when we feel it is appropriate.

Freedom of speech only matters where it is controversial, when it is challenging. That is why the greatest characterisation of free speech is the one attributed to Voltaire, who said:

“I may detest what you say”—

I think that was the original phrasing—

“but I will fight to the death for your right to say it.”

I generally try not to detest or even dislike my political opponents, although there is one Labour Member who attacked J. K. Rowling in the most disgraceful terms. I would not for a second want to see him cancelled, but I want to see him here, debating the issue, because he would lose the debate. That is our protection in terms of free speech—not obliteration, but challenge.

Voltaire understood that creativity and progress in a society are dependent on acts of intellectual rebellion, dissent, disagreement and controversy, no matter how uncomfortable, but today the cancel culture movement thinks it is reasonable to obliterate the views of people it disagrees with, rather than to challenge them in open debate. The interesting element of the latter part of my career has been watching the change to this.

Social media has had an extraordinary impact. It has accelerated the growth of online lynch mobs, magnified their effect and facilitated their organisation. Today there is a terrible outbreak of intolerance in modern society: the so-called culture wars, which remind me of nothing so much as McCarthyism in the United States. When I first, as it were, came of age politically, this was still in living memory—both McCarthyism and the end of Stalinism. This is like the early stages of a totalitarian repression in other countries.

To come back to the point that the hon. Member for Nottingham South (Lilian Greenwood) raised with me, it is important that we follow this up in other areas. In the online harms Bill, we should protect free speech from casual suppression by commercial platforms. We should look hard at the effect of organised online intimidation and seek to make it less easy, perhaps by removing anonymity from perpetrators. The hon. Member for Stretford and Urmston talked about anti-vaxxers. I am very pro-vaccine, for fairly obvious reasons. However, in the name of suppressing anti-vaxxers’ propaganda, quite a lot of legitimate scientists who had objections to the exact mechanisms of lockdown, raised concerns about blood clots and so on found themselves suppressed online. We have to recognise that this is not an easy dividing line to draw.

Managed free speech is a very hard idea to promote, pursue and make work. Modern communications are a major force for either good or evil. We should make sure that we facilitate the right one, and this Bill is just the first step in that important process.

My constituents raise other concerns. Being home to more than 50,000 students sometimes puts pressure on our city’s local services or gives rise to tensions in neighbourhoods. Rising student numbers have impacted on the local housing market over a long period. In Nottingham, we are working to address all these issues by bringing together residents, local partners, including the two universities and their student unions, and the city council. It is not easy and, in the last year, there have been particularly difficult periods, but we remain focused on finding solutions.

The pandemic has hit Nottingham hard and it continues to impact on students, long-term residents and the universities. There are real concerns about the future of our hospitality sector and our high streets and about the ability of our health services to cope with a third wave of infections. Our universities, local residents, prospective students, returning students and their parents will all want reassurance about measures to keep them safe ahead of the autumn term. They need to know how Government will support the requirement to quarantine for thousands of overseas students coming to study in our city. They want to know what the covid testing regime will look like. The youngest students want to know how they will be able to access their second vaccinations when they start at university. They want to know when they might be required to self-isolate and how they will be supported if they are. This year, many students have had to pay rent on accommodation that they have been unable to use while the part-time jobs they rely on to support themselves through education have been unavailable. They want to know what the Government are doing to protect them from such unfairness and financial hardship. These are big issues—serious concerns —that demand answers and solutions, none of which are addressed by this Bill.

The issue that this Bill seeks to address is not on anyone’s list of priorities. It is a sledgehammer to crack a very small nut, while other important issues in the sector and outside it are not being addressed. Why do we not have a Bill to address online racist abuse of the sort that we have seen in the last 24 hours? Why are we not debating the Government’s plans for better student support in order to widen participation? Why is the Government’s priority protecting hate speech, rather than the students who face racism or sexual harassment on campus, or students who are struggling with poor mental health?

Freedom of speech, and the free exchange of ideas in pursuit of truth and knowledge, is absolutely central to our universities’ whole purpose, but where is the evidence that there is a problem? The vice-chancellor of Nottingham Trent University confirmed to me yesterday that not a single event at the university has been cancelled due to the content to be debated. The Bill is unnecessary and unclear. It risks opening up our universities to vexatious and frivolous claims, and it may actually make universities more risk-averse and more cautious about whom they invite to speak.

Just a few weeks ago, some Conservative MPs seemed determined to create division among our country’s football fans by criticising the England team for visibly expressing their opposition to racism by taking the knee—freedom of speech. Today, the Government are trying to manufacture a row about free speech on campus. The Government should be working with universities and students to address the real priorities for higher education. It is shameful that they are not doing so, and that is why I oppose the Bill.

Andy Warhol famously said that, in the future, we would all have 15 minutes of fame, but increasingly I see that we are getting 15 minutes of shame, with people being attacked for their points of view. We have to make sure that we protect them on campus, because the academics and students of today will be in this House in 10 or 20 years’ time. They will be the leaders of our culture and society. They will be the people teaching our next generation. If they feel that they are being stifled in their view, and if they are scared of expressing a point of view that is different, we stifle them and society, and the seeds of doubt are planted now for generations to come.

There is another really important point here that we must take into account. We have talked about hate and hate-filled speech, and, of course, we do not want to give those platforms, but we also need to make sure that such views are scrutinised. The shadows are where hate festers. The awfulness of certain people’s point of view is not dismissed from their mind because they do not say it, they just hide it and get others to hide it with them, and then it becomes a movement or a moment. We must make sure that we shine a light on hate, that we shine a light on different points of view, because if we do so we can argue that, quite often, what is being said is absolutely foolish and nonsense. Anti-vaxxers are a good example of that. After a year of our inboxes being filled with, at times, utter nonsense and fearmongering, science and the success of our vaccine programme has proved that all wrong.

There is a famous phrase that I like, which is that a mind stretched by a new idea never returns to the same size. With the use of free speech, the truest form of free speech, in academia and universities, we stretch everybody’s minds and we challenge each other to have new beliefs and new perspectives. That is why I support this Bill today. We need to make sure that we protect freedom of speech on campuses more than anywhere because that is the one place where we should be challenging each other to find the truth and to be able to support that for our society and our nation to come.

Of course, academic freedom and freedom of speech must also be balanced. Students and staff have to feel safe from hate and prejudice. Recently, the all-party group against antisemitism, of which I am a vice-chair, has written several letters to the vice-chancellor of Bristol University to condemn the views expressed by one of their staff. Holocaust denial is not a legitimate opinion or a valid point of view. Perhaps those who think so have missed the testimony of survivors or the very real evidence that still exists on the sites of those atrocious acts of evil. So, too, must we be allowed to dissect our past role in the repulsive histories of slavery and colonialism. Those facts must be taught in an honest and unfiltered way in order for us to view them from where we are now and in the context of our society today.

There has to be a balanced approach, and we have to be able to entrust universities and their staff and unions with this issue, but I am not convinced that legislation is the way to go. Universities are under increasing commercial pressure, and in a more competitive market, threatening legal action over their decisions is not going to help when they have been under considerable financial strain. How do we ensure that the balance between freedom of speech and hateful prejudice is maintained? Is a set of rules and a threat of financial penalties the best way to protect freedom of speech? Why are the proposals framed around freedom of speech, not academic freedom? As the academic Shereen Benjamin writes:

“Academic freedom specifically refers to the freedom of all members of universities…to pursue whatever lines of enquiry they decide, in research, teaching and public engagement, without fear or favour.”

While I broadly support the aims of this Bill and think that it raises some really important points for debate, I do not believe legislation right now is entirely necessary; it seems a little like a sledgehammer to crack a nut.

If I may, I will cite one more of the many concerning examples evidencing why this Bill is necessary, and it is one that involved me. I was invited by Oxford Students for Life to talk about my parliamentary campaign to outlaw sex-selective abortion. As I started to speak to a gathering of about 100 students, an attempt was made to no-platform me. A uniformed official arrived in the room and requested that the whole meeting be stopped, apparently as the event, including my views, would cause offence to students sitting in a common room on the far side of the quad opposite. They could see but could not hear me. There were many rich ironies to the situation. I was effectively being discriminated against for speaking against discrimination, for which across the world many more girls are aborted than boys, and I was being prevented from simply relating to my work that is already available in the public domain. Most of it is in Hansard. Eventually, the organisers of the meeting, the officials and the objectors reached a compromise: I could continue speaking if all the curtains in the room were closed.

That was a completely unacceptable incident. It subsequently resulted in an apology from the authorities, but it was one of the reasons why I was prompted to join fellow members of the Joint Committee on Human Rights in holding our 2018 inquiry on freedom of speech in universities. The inquiry concluded that, in universities:

“A number of factors are limiting free speech”

It revealed a plethora of such incidents—plenty of evidence that Opposition Members may like to look at—while many more are clearly never reported. One university tutor told us that he had had no idea of the extent of the issue until he started looking into it in response to our inquiry. We heard of challenges such as student groups finding difficulty in getting space at freshers’ fairs, in booking rooms for speakers, in getting approvals for speakers or simply in registering as a university society at all. I had hoped that adequate change would follow our report’s recommendations, perhaps through well enforced guidelines or codes of practice, but not so, hence the need for legislative change and this welcome Bill.

I have three final points. First, on subsections (6) and (9) of proposed new section A1 of the Higher Education and Research Act, I am concerned that the freedom for academic job applicants to express their views should not be limited to freedom in areas

“within their field of expertise.”

In many cases, academics’ expressed views may range more widely, but they should not be affected in their job applications just because of that. I ask the Minister to check with the draftsmen.

Secondly, my role as the Prime Minister’s special envoy for freedom of religion or belief is primarily international facing and, as I and colleagues in the Foreign, Commonwealth and Development Office constantly say, promoting freedom of religion or belief is a key human rights priority for the Government. We aspire to be a global leader in FORB, but I cannot speak credibly in the international community and arena about the discrimination faced by people in other countries on account of their beliefs—whether they cannot get a job, an education or otherwise; of course, much persecution is far worse—if we do not scrupulously apply the principles of article 18 of the universal declaration of human rights in this country. I hope that Hansard will put that here in full. That point is frequently made to me in connection with these issues.

Finally, let us be in no doubt that the challenges to freedom of speech and the very real chilling effect that accompanies them are not limited to university settings but extend far more widely. There is more to be done to protect freedom of speech in this country effectively, but the Bill is a good start.

“we were very explicit—each of us—in describing exactly what had happened…this was not consensual and I want something to be done about that.”

The three women outlined their allegations of varying severity, ranging up to rape. The normal response to this sort of testimony is to lay out the options available—either to go to the police or to complain to their college or university—but the women were not told that; they were told: “It will be too onerous on you to go through the complaints system.” Complaining through the college was presented as an unappealing option. One of the women later wrote that they

“were advised that the process of pursuing any form of disciplinary action would not be worth the emotional toll it would take on us.”

One of the women in this particular case—which involved three women, so we are now up to four of our six—had to leave the university, not the perpetrator of the crimes against her.

Another case that was widely reported on in the newspapers happened at Oxford University Women’s Boat Club. When a woman told a senior scholar of her sexual assault, the professor laughed and said:

“I totally get it, I thought we had sorted it out the last time but we clearly haven’t…It’s a very toxic combination of alcohol and very young athletes at university, it doesn’t work at all.”

In a separate part of the discussion, the professor said:

“This university is not very good on these student welfare-type issues.”

There are the six cases. Where is the action on the widespread problem of sexual harassment and sexual abuse on the campuses in our country? I have just given six cases; where is the Bill and the priority for this thing that silences people whose names we will never hear? They could have brilliant scientific ideas but will leave university because of what has happened to them. Where is the regulator in the Office for Students who will provide the power to impose fines and breaches when universities do things wrong? Where is it? Where can I send this woman with a non-disclosure agreement? Perhaps the Secretary of State would like to intervene on me, because I would love to give that woman some advice.

Where is the role equivalent to the director of freedom of speech and academic freedom? Where is the £1 million in this Bill for an officer to oversee universities’ efforts in this regard? Where is the £1 million to spend on an officer who goes to every university and makes sure that the women on those campuses are safe? Where is that officer? Where is the Bill for that?

This reminds me so much of what happened in schools recently with Everyone’s Invited, which included university campuses as well. The Secretary of State comes forward and says, “We’re going to do something about this. This is horrifying. We are going to make sure that something is done about this.” These issues were highlighted five years ago. It was five years ago, 10 years ago, that the issues that I am standing here talking about today were highlighted. Where is our Bill? Where is the Bill on the sexual harassment and abuse that is silencing thousands of people on campuses in every single town and city up and down this country? Where is our Bill? Why is this the priority? This reminds me very much of the fact that I am constantly told that the Government make a priority of addressing violence against women and girls, but the amount that they are proposing to spend is £100 million less than on the boat that the Queen does not even want. It’s the internet— it’s leaking.

Where is the urgency needed for those women and men on university campuses who have been silenced by a lack of process? Where is the Bill for them? Where is the urgency? Where was the urgency five years ago when we told the Secretary of State about schools, and it took a young girl who had been raped and put back in the classroom with her rapist—the then Secretary of State being taken to court—before any regulation was even written? What do we have to do? Do I have to start a meme on the internet? Do I have to get some sort of following from the bots to make this issue heard? Where is the Bill on sexual harassment and sexual abuse, and the processes that we can take if something bad happens? Where is it? Without it, we will be stifling freedom of speech more than any list of anybody who has not been able to speak at a university.

I like to list the women who have been failed in this country, but eight minutes? Eight hours would not cut it. Where is this Bill on that element of freedom of speech—or is it just not politically expedient enough? I honestly want everyone to have the freedom to speak freely and give out their ideas. Darwin has been used as an example all day today; had Darwin been a woman who had been abused at university, none of you would be able to say her name.

The deliberate machinations of the few are dividing the many. We should react with horror when some of those trusted with fostering the flower of Britain’s academic youth are instead intent on producing a carbon copy of politically correct individuals: less ambitious, less daring, less imaginative than the generation that came before. Policing the thoughts of those students who disagree has become commonplace, for the defining traits of the unblinking all-seeing eye of wokery are short sight and narrow minds. George Orwell recognised that this is not simply a problem for students. Academics are subject to the same kind of faults. He said that the charlatans of his time were peddling ideas that were so stupid only intellectuals could believe them. The people who seem to want to impose their exclusive vision on us are so often ignorant of history, apparently ignorant of biology and certainly ignorant of human nature.

In conclusion, the Liberal Democrats oppose the Bill as worded. It is not based on evidence and is not proportionate. Worst of all, it actively undermines the very principle of free speech that it claims to support. Free speech is about the right of every individual to speak truth to power, but the Bill does the opposite. It gives those in power or with power the ability to determine who is free to say what. Far from protecting our freedoms, it is actually yet another example of this Government’s concerted efforts to take our freedoms away. Given that universities are already required to protect freedom of speech and that research suggests that no-platforming is incredibly rare, the Government should drop the Bill entirely. That is what the Liberal Democrat reasoned amendment sought to do.

“They had absolutely no desire to influence me or debate with me. I was an enemy, not an opponent, and so I should not have dared to be there. My actual existence infuriated them”.

The irony, of course, is that restricting free debate in such a way is deeply undemocratic. Indeed, it is a totalitarian action. This Bill is therefore necessary to prevent a dystopian, Orwellian indoctrination.

Clauses 1 and 2 will amend the Higher Education and Research Act 2017 by creating new duties on governing bodies and student unions to secure freedom of speech. I warmly welcome clause 8, which will enforce that where necessary by creating in the Office for Students a director to champion free speech in academia. Clause 3 is perhaps the most crucial, because proposed new section A6 to the 2017 Act will provide for civil claims to be made where those duties in clauses 1 and 2 are breached. That is critical because it gives the Bill teeth.

The dangers I have outlined are not, of course, isolated to universities. The campus is merely a staging ground for wider civilisation and society. Those who wish to do away with freedom of speech are attempting to dismantle the foundations of our society and to supplant them with their own totalitarian doctrine. By removing freedom of speech, dissenting voices can be silenced and submission ensured. For proof of that we need only look at recent attempts to subject British history to a radical revision and the accompanying attempts to taint our greatest heroes. This is a deliberate and concerted attempt to erode the pillars of our nation so that we are left with nothing to believe in. Once that point is reached, those responsible—the anarcho-Marxist, hard-left agitators—will be able to impose their own, ever-changing standards whereby yesterday’s truth is tomorrow’s crime.

By ensuring in legislation the sanctity of freedom of speech, I hope that the Government set a precedent to consider further actions. There are areas in which the Bill can be improved as it proceeds through its remaining stages, particularly to avoid its being neutered by contradictory interpretations of the Equality Act 2010, but there will be an opportunity to discuss that in more detail at a later stage. I support the Bill’s Second Reading and urge all colleagues on both sides of the House to do likewise.

It is not only academics whose freedom of expression is being restricted. A PhD student at Bristol University from the Dominican Republic, Raquel Rosario Sánchez, has been bullied and threatened for her involvement in events convened to discuss proposed reform of the Gender Recognition Act 2004. The second female rector of Edinburgh University, Ann Henderson, wrote recently of her experience of being targeted and harassed by students after she retweeted the details of an event that feminist campaign groups had organised for MPs in autumn 2018. At times she feared for her safety on campus, but received minimal support from senior management. In June 2019, feminist campaigner and journalist Julie Bindel spoke at an event at Edinburgh University on women’s sex-based rights and was attacked as she left. The individual was later charged by Police Scotland. The event was attended by a number of Members of the Scottish Parliament. Our Labour colleague Jenny Marra later said that

“never in more than 25 years of going to political meetings have I felt the intimidation that I felt then.”

In 2021, women across the UK are being censored, harassed and threatened for simply trying to debate and discuss their rights. This is a wholly unacceptable state of affairs and I call on all Members to join me in condemning these pernicious developments.

The issue that we need to discuss as parliamentarians is when freedom of speech becomes hate speech and vice versa. That is what we should be discussing in this House. We should address what is and is not legally allowed. I know that the speech I am making will probably be followed with a torrent of abuse on social media, but as Members of Parliament and legislators, our responsibility lies in speaking truth to power. Our Labour Front Benchers are right: Conservative Members tend to be hypocrites; in fact, they are hypocrites, particularly given other Bills we have seen passed through Parliament. But I understand the need for a balanced argument, and we need to be able to speak truth to power.

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.

Under Prevent, students have been policed and treated as suspicious and extreme simply for taking part in mainstream debates on topics such as British foreign policy, Palestine and Kurdistan. Research has shown that one third of Muslim students feel negatively affected by Prevent, and I know that many students, including some of my constituents, are afraid to take part in political debates or even to organise events on campus. If the Secretary of State for Education is really concerned by

“the chilling effect…of unacceptable silencing and censoring”,

then he should start by addressing the main sources of that chilling effect in the Home Office and his own Department.

This Government could not care less about the way our marketised higher education system restricts academic freedom. Tens of thousands of academic staff are on precarious contracts, with some living on poverty wages. At the whim of managers, they often feel unable to speak openly or to freely shape their research and their teaching for fear of risking their careers.

Rather than pushing universities to offer permanent, well-paid contracts, the Conservatives are content to sit on the sidelines while launching their own attacks on academic freedom. Whether it is Government Members demanding that the Department for Education sack academics at the University of Warwick in my constituency, or Ministers chasing critics of Britain’s imperial past off the boards of museums and cultural institutions, or Lord Wharton, chair of the Office for Students and previously head of the Prime Minister’s Conservative leadership campaign, telling Oxford academics to

“leave their personal politics at home”,

this Government and their allies are happy to silence those who dissent from their agenda, while giving free rein to fascists and holocaust deniers to spout their hate. That is what this Bill represents.

The Bill is part of this Conservative Government’s growing authoritarian agenda, whether that is the police crackdown Bill and its criminalisation of protests, their voter ID plans and their attempt at voter suppression, their Nationality and Borders Bill and its scapegoating of migrants, or this Bill and its attack on academic freedom, which they claim to protect. Instead of the Government defending the freedom of the super-rich to dominate and exploit, it is time for a Government who advance the freedom of all.

How could a newly appointed academic researcher on a short-term contract feel confident about speaking out in a critical but constructive manner on any issue, including an employment situation, where there is no employment protection available to them? Two thirds of researchers and almost half of teaching-only academics are on fixed-term contracts. University staff ranked casualisation as the biggest threat to their academic freedom in a survey carried out by the UCU. That instability strips many of their job security, has a devastating effect on staff morale and wellbeing, and distracts from and negatively impacts on their core functions of teaching and research.

That is forcing thousands of staff in higher education across the UK—including in London, Liverpool and Essex—who are facing the very real prospect of redundancy to take action to save their jobs and challenge the Government’s inaction and failure to recognise the very real problems facing the sector. That is why I welcomed and fully supported the reasoned amendment tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell), which wholly opposed this ill-considered piece of legislation.

In the short term, the Government need to step in to underwrite the sector as we emerge from the covid-19 pandemic. However, in the long run, the UK Government must properly fund universities, end the marketisation of higher education and provide staff with secure employment, all of which would support their freedom of speech and intellectual independence.

What about the human rights lawyer Rosa Freedman, a radical feminist law professor, whose event was cancelled amid allegations of transphobia? She received a passive aggressive email from a University of Reading student who called her views on gender politics “problematic” and warned her to “choose her words carefully”. Selina Todd, an Oxford University professor, had her invitation to a conference celebrating women withdrawn owing to pressure from trans activists who had threatened to disrupt the event.

It is a real shame that we have to legislate to allow free speech, but the biggest shame is that Labour Members will vote against the Bill and subsequently vote against free speech. Perhaps they should all come off Twitter, throw their Guardian newspapers away, leave the Tea Room, and get out there and speak to the millions of voters they lost at the last election. Let us have some free speech on the doorstep and perhaps that lot on the Opposition Benches will finally realise that they have nothing in common with the very people they expect to vote for them. Thank you very much, Mr Deputy Speaker; that is me done.

Then we have the ludicrous situation in which the hon. Member for Ashfield and others are quite prepared to spend a million pounds a year of taxpayers’ money employing 10 staff and a new director who will no doubt be part of the Conservative party job creation scheme, as we saw when Lord Wharton got the job of director of the Office for Students. That money should be going into education. There is another side to this as well: the Bill will cost £48 million and most of that will fall on universities. The money should be going to supporting universities and supporting students, and it will not be. This legislation will be a lawyers’ picnic and, actually, I think that it will get unpicked as it goes through the House because it is so full of contradictions. If there were an issue with an attack on free speech in this country, I would be one of those arguing strongly that we should act to protect it; I do not think there is such an issue. This is another example of the Government using an issue to try to put fear into people’s minds about the so-called woke agenda. They are trying to put into people’s minds a fear that anyone who questions that agenda—and I do not think that people who know me would describe me as woke—is seen as somehow not standing up for the interests of their constituency. At the end of the day, the state should not be getting directly involved in the running of our universities, deciding what they teach and how they do it. I hope that the Bill gets radically changed. If that does not happen here, it will in the other place.

It is for the law to sanction people’s behaviour, not individuals and certainly not institutions that are the beneficiaries of taxpayers’ money. This is a good Bill, it is a manifesto commitment and it is a commitment to free speech that we should all celebrate and support.

Members on the Government Benches should remember how they got their get-out-of-jail card on the vaccine: it came from universities—researchers working together, using the huge amount of detailed knowledge accumulated across institutions. Our universities are world-changing and world-beating. Are those universities calling for this legislation? Hardly. They know how difficult it is to balance the rights and freedoms of different groups and individuals because they do it every day. They have been doing it for years, since long before the “here today, gone tomorrow” lot opposite snatched power, and they will be doing it for years to come. Will there be incidents and flashpoints? Yes, of course there will, as there always have been, because freedom allows for that.

Yesterday, many condemned the behaviour of a number of football fans and the violent disorder, hooliganism and vandalism perpetrated by some, yet this is not isolated to football. It was not football supporters who tried to pull statutes down or who created a situation where the University of Bristol sought to impose security costs on a student society purely for inviting the Israeli ambassador, because of the behaviour of extreme left groups on campus.

The social justice warriors are certainly not warriors, and they also have a bizarre and warped understanding of social justice. Freedom of speech allows such people, and some Members in this Chamber, the right to hold and express their views. It is a shame that they do not believe in the rights of others to hold alternative beliefs. Some have even referred to Members on the Government side of the Chamber as “evil” in the past. To borrow a saying from a colleague, I do not believe that my opponents are evil; I simply believe that they are mistaken.

Education is one of my passions. However, I can only imagine the storm if I were ever to consider a career in academia now. When I went to university, believing in free-market economics, being a Conservative or simply having a traditional view of what constitutes a man or woman would not be controversial positions. Now, I would be accused of hate speech and screamed at by somebody with bright pink hair who would demand that I be fired, locked up or perhaps both.

Our universities are world-renowned as centres of excellence. They played a key role in our fight against covid-19, as hon. Members have already mentioned, and we must be forever grateful, but they must not turn into organisations that churn out graduates who are unable to think for themselves, tolerate the views of others, or deal with the daily challenges and realities of life. As my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said earlier about Voltaire, although Voltaire never actually said the line for which he is famous, a little like with “Casablanca”:

“I disapprove of what you say, but I will defend to the death your right to say it.”

Many of us can identify with that. It is time that some of our universities followed suit.

I have spoken before in this Chamber about the abuse, threats of violence and deplatforming directed against Professor Selina Todd, Kathleen Stock and Rosa Freedman at universities across England. Others have mentioned a recently published report on similar events at Essex University, which identified that part of the problem is that universities are not correctly applying the law under the Education (No. 2) Act 1986. The Chair of the Joint Committee on Human Rights, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), raised that with the Secretary of State when she wrote to him about the Bill. In fairness to him, he did take the trouble to deal with her detailed concerns about the Bill, and copies of both her letter and his can be read on the JCHR website.

The important thing about the University of Essex report on the cancellation of one speaking event and the decision to rescind an invitation to another is that both of those events concerned gender-critical feminists. The report found that the university’s decisions were unlawful and recommended that apologies be made. It also highlighted that the university appeared to misunderstand and misrepresent equality laws, to the extent that the impression was given to members of the university that gender-critical academics seeking to exercise their right to free speech could be excluded from the institution.

Thanks to the Employment Appeal Tribunal’s important decision on discrimination law in the case of Forstater v. CGD Europe, we now know that gender-critical beliefs are protected under the Equality Act 2010. I think, therefore, that it is the Equality Act, more than anything else, that universities need to look at to solve this problem, because it is frequently being misconstrued or ignored in universities, and I am afraid to say that that is a symptom of a wider malaise. To quote the best-selling author and founder of the Positive Birth Movement, Milli Hill,

“those who are being dragged to the pyre are…in most cases, lifelong left-leaning, open minded, educated and tolerant women, often with a history of supporting minority groups”.

The efforts to silence us extend to violence and threats of violence, which many in a position of power are too afraid to condemn. There is not much point in pious words about standing up against the abuse of women but then doing nothing when that abuse is going on right under your nose. University authorities often look the other way or, worse still, participate in the witch hunts against lifelong feminists who simply want to make sure that women’s voices and women’s concerns are heard in important debates.

This Bill might not be the best way to deal with those problems as they represent themselves in the university sector. It is flawed but at least it acknowledges that there is a problem, and those who say that there is not a problem are simply ostriches with their heads in the sand.

This very place is seen as a bastion of democracy and free speech underpins any liberal democracy, so I will be supporting the Bill.

I have heard many arguments about what should be debated and how debate should expose things, but the neo-liberal, supposedly free-speech fanatics do not seem to realise that while they are in a room putting together well-informed arguments for fantastic debates, young black, Muslim, Jewish and LGBTQ people out on the streets are being victimised, verbally abused, physically assaulted and, in some cases, murdered. What exactly is there to debate? What possible arguments are there to pose? They are basically saying that those people face discrimination because they cannot argue their case well enough.

The hon. Member for Dudley North (Marco Longhi) said that we should hear both sides of any debate. Should we debate a paedophile who thinks it is okay to have sex with children? There are people who believe that children should be able to consent. Shall we debate misogynists on whether women should have equal rights to men? We have seen that on the rise with incel groups. Shall we debate people who want an all-white Britain and say that black, Asian and minority ethnic people should not have the right to live and worship as they choose, free from discrimination?

Free speech is not an absolute right. No rights are absolute in a society, because all rights come with responsibilities to others. We legislate for those responsibilities in this House. The right to live free from hate is not up for debate and it never should be. That is not stifling freedom of speech; it is exercising our human rights and defending those of others. The Bill wants to stop that. We do not expose fascist beliefs by debating them. We do not give fascists a platform to give more oxygen to their hate. If we do, we are saying that their views hold the same value as ours, and that is not true in a civilised society. The Government say that the Bill is about freedom of speech, but we know it has got nothing to do with that.

The understandable but misguided desire to protect students from harmful views is shutting down opportunities for those with different opinions to be heard. That is misguided, because the way to prevent harm to young people who are faced with views they find offensive is not to stop those views being heard—as long as they are within the law—but to prepare our young people and teach them to respond in a mature and open-minded way so that they can criticise, debate and, if appropriate, change their minds. That is why I so strongly support the Bill, which will protect free speech in our universities and secure academic freedoms.

We do our young adults and our whole society a great disservice when we do not allow students to be exposed to the ideas and beliefs that will challenge them and allow them to grow in character and resilience. When we encounter beliefs we find difficult, we have a choice. We can shut our ears, we can react with anger or we can respond thoughtfully and honestly, considering whether our own opinions need to evolve or be strengthened. This is the path to maturity and tolerance, and to individual and societal progress. I am delighted to support the Bill.

The two people involved were Chris Beverley and Mark Collett—now two of the most notorious fascists that this country has seen. Mark Collett was tried alongside Nick Griffin in 2006; I will come back to that. They were both in a number of notorious documentaries produced in the 2000s; I suggest that Members who do not know of them should watch “Young, Nazi and Proud” to understand more about these two characters.

The issue came to a head in Collett’s and Beverley’s attempt to overturn the “no platform for racists and fascists” policy at the general meeting of the students union. It happened to be held in the refectory that had hosted “The Who” in their seminal “Live at Leeds” concert. There were easily over 300 people there. Many, many Jewish students, as well as the campus rabbi and I, spoke against the attempt to remove the policy. Collett and Beverley were the only ones to speak in favour—and in a highly inflammatory way. Their attempt was overwhelmingly defeated.

It had been clear for some time to all on campus who Collett and Beverley really were, but the mask slipped for everybody everywhere that day. If the policy had passed, Collett and Beverley would have invited figures such as Nick Griffin and David Irving, this country’s leading holocaust denier, on to campus under the auspices of free speech. The free speech society soon ran into trouble and at the following AGM the students union fully understood the issue of these two fascists but gave them a room, fearful of legal action. The meeting did not go ahead and the society, which was acting as a front for fascism by that point, was disbanded. That was due not to any policy of the students union, but to protests by students themselves.

Just five years later, at about the same time as Mark Collett was on trial with Nick Griffin at Leeds Crown court for race hate crimes, at Leeds University in February 2006, a contributor to the university newspaper Leeds Student gave an interview to Dr Frank Ellis, in which the academic expressed support for the bell curve theory that said that there were racial differences in average intelligence. The Leeds Student also published an article by Ellis, “Time to face the truth about Multiculturalism”, in which he described the Parekh report as

“a very nasty anti-white tract”.

He then went on to be interviewed in the media, and the students union put out a statement calling for his dismissal. Leeds University condemned Ellis’s views as “abhorrent”. I had left the university by then, but I went to meetings there and objected, as a member of the alumni committee, to his continued employment. Ellis was subsequently suspended by the vice-chancellor pending disciplinary proceedings, which never concluded because he retired early.

My point is that if this law had been in place, the student union and the university would never have taken any action against these radical, far-right fascists, whose only intent is erasure of diversity on the planet: the erasure of people like me, Charlotte—I am sorry, my hon. Friend the Member for Warrington North (Charlotte Nichols)—and others in this Chamber. That is why people need to be really careful about how they use free speech. Free speech is something that we all defend—we all talk about pluralism—but it can also be a cover for something much deeper and much more unpleasant, with the consequences that we all know and speak strongly against in this Chamber every year. Yesterday we marked Srebrenica Memorial Day. This Government need to be very careful on the dark road that they are taking us down.

“How can they claim they want to fulfil their moral duty to protect all members, which includes Jewish students, when this motion clearly disregards the wants and needs of Jewish students?”

I therefore ask the Minister what further steps the Government are taking to ensure that the definition is not only rolled out across all institutions but fully implemented. What more can be done to ensure that academics face disciplinary action for making remarks or supporting motions considered to be antisemitic under the definition? I refer again to Professor Miller in that regard. Lastly, will the Minister join me in condemning the incident in which the University of Bristol sought to impose security costs on a student society for daring to invite the former ambassador for Israel, and can she confirm that the Bill will help to stop repeat incidents of that nature?

Although the Bill delivers on our manifesto commitment to strengthen academic freedom and free speech in higher education, universities must now follow up and ensure that campuses are truly open to rigorous, healthy contestation of ideas or be held accountable. We cannot rest until all students feel safe on campus.

It is clear from the engagement that I have had with constituents who are students, who are part of the academic life of many of our university campuses across the country, that there is a serious, well-founded and genuine concern that the actions of some in our university system have had a chilling effect on their ability to speak freely, to ensure that future generations of students are able to enjoy the benefit of having their prejudices and views challenged, on whichever side of the spectrum.

While I strongly welcome the fact that we will continue to have, completely unaffected by this Bill, very robust laws that tackle hate speech in all its forms and that deal with the many prejudices that we have as a society decided are unacceptable, as well as enshrined protections for people in the Equality Act 2010, through the Bill we will also have measures in place to ensure that the freedom of speech of our academics and our students and the ability of future generations to be challenged and to develop their thinking—in a way that is fundamentally important and that we see going on every day in our House of Commons and our parliamentary democracy—are preserved for future generations.

Through the Bill, we will not see a narrowing of the thinking or a narrowing of the debate in our universities, but we will ensure that they remain what they have been for generations: a place where open minds can thrive and prejudices can be challenged and where we can develop our thinking as a society in a way that then contributes to our national life. For all those reasons, it seems to me that this proposal from the Government is a sensible step. We need to demonstrate to academics and students who have these concerns that we take them seriously. If we are to be the bastion of democracy that we wish to be, we have to ensure that free speech can happen in our universities and in every other part of our education system as well. That is why I strongly support this legislation from the Government.

I hope that the Bill will bring about the great benefit of demonstrating that the United Kingdom is not just genuinely committed to tackling those who would peddle hate and prejudice in our universities and other education settings, but determined to be a place where open minds, debate and free speech can thrive for the long-term benefit of our democracy.

Empowering those who peddle hate speech will not help protect free speech, and the Government must seek to understand that better. Free speech is the right to say whatever one likes and the ability to think without constraints. It does not matter if one’s opinion is unpopular, because free speech is essential to democracy. Hate speech is when somebody takes that right and abuses it so that they can bully, demonise and subjugate others, which is what the Government will end up promoting.

Within this Chamber, the ability to stand up and speak out freely is both essential and cherished. This Chamber illustrates the importance and benefit of free speech each and every day. We are doing that right now in this debate. However, if a Member of the House were to begin to say something vulgar, racist or hateful, the Speaker would quickly interrupt, end the speech and demand that the comment be withdrawn. Why is that? Although we theoretically have the right to say something in a free society, we use our judgment to reject hate speech that threatens, incites, harasses and demeans, because it has no place in a tolerant world. Universities should enjoy the same latitude that we do. This Chamber safeguards itself against elevating hate speech each and every day, and I have never heard the Government try to dismantle this practice, so I ask them simply to uphold in our universities the same standards that we all work to here in Parliament.

Finally, I politely ask the Government to turn their attention to far more important issues facing higher education in this country. We are all waiting for the online harms Bill, which I am sure universities, students and lecturers will welcome, so I would be grateful if the Government could let us know when that will be coming back.

Communities, including university communities, are not obliged to welcome violent, degrading or dangerous lies from genocide deniers or virus deniers. This Government’s lack of commitment to free speech is made clear by their planned crackdown on protests in the Police, Crime, Sentencing and Courts Bill. This is a tawdry piece of vice-signalling to groups who wish students were not so in favour of social equality. This is a bad Bill that offers nothing to students or to society. This is a matter not of cancel culture but of consequences culture. This Bill and the rhetoric around it are nothing more than imports from Trump’s playbook in the United States, in furtherance of this Government’s nonsense culture wars.

Rightly, we do not have an absolute right to freedom of speech in this country, be it in respect of our libel laws, the criminalisation of hate speech, the Government’s push to have universities adopt the International Holocaust Remembrance Alliance definition of antisemitism or universities’ statutory duties under the Prevent strategy. Even in this Chamber, as was rightly mentioned by my hon. Friend the Member for Coventry North West (Taiwo Owatemi), we do not have freedom of speech, whether that is in the fact that when we say “you” in the Chamber, Madam Deputy Speaker, we refer to your good self, or that when my hon. Friend the Member for Leeds North West (Alex Sobel) accidently named me earlier, he got a little ticking off for it.

As my hon. Friend the Member for Coventry North West said, this is about creating a better culture of debate, so what is the purpose of this Bill? What free speech does it extend beyond the limitations in existing legislation? It does not do that, as those restrictions on absolute free speech remain in place. This was never a policy designed to address the problems in the university sector, and it is revealed as even more cynical and shoddy today as we condemn the racist abuse of our national footballers by the kind of vermin who have received tacit endorsement from the very highest levels of government. As Tyrone Mings rightly said, this Government do not

“get to stoke the fire at the beginning of the tournament by labelling our anti-racism message as ‘Gesture Politics’ & then pretend to be disgusted when the very thing we’re campaigning against, happens.”

This Bill is yet another dog whistle from a Government who are unleashing forces that they will not and cannot hope to control. Let us scrap it and move on to things that really matter to our constituents.

The Bill shows that the Government are more concerned with stirring up a culture war than addressing the real problems in society. It will only make life harder for students and staff in Durham who were already over-burdened by introducing more bureaucracy into education. It is just the latest example of the Government’s twisted priorities.

I will finish by saying to the Government: stop playing politics, scrap this Bill and introduce some measures that will actually improve higher education.

As the Universities Minister acknowledged on Radio 4, this is a Bill that empowers holocaust deniers and other purveyors of hate speech by giving them the powers to make vexatious complaints against universities. As if that did not do enough to fuel the culture war, it also creates a new director for freedom of speech at the Office for Students with a full-time responsibility to keep the issue alive. No doubt it will be another job for another Conservative crony with undue influence over academic debate. Does the Minister really believe that this is the most important addition to the IFS team? Is it more important, for example, than a director of learning remediation to deal with the lost learning experiences for both new and current students as a result of covid? Does she not recognise that the financial and legal liability in the Bill could be a chill factor on open debate, requiring universities to spend more on lawyers and less on students, but, of course, the Bill is not about the real priorities. I represent both of Sheffield’s universities and more students than any other Member of this House. Over the last year, I have received hundreds of emails from students, from parents with children at university, from staff working hard to provide the best possible learning during the pandemic against a backdrop of confusion and late decisions from the Government; I have received none on free speech.

We could have spent our time better today looking at the issues that are being raised. We could have discussed the recommendations of the report by the all-party parliamentary group for students, which involved two of the Minister’s Conservative predecessors and argued for a learning remediation fund to assist universities to provide access to experiences, specialist facilities and equipment for skills development and more—those things that students have missed during the pandemic. We could have discussed our case for proper hardship funding in respect of rents paid for unused accommodation by students who have lost out from part-time jobs that dried up in hospitality and retail sector. We could have considered why students in England have been treated far worse than those in Northern Ireland, Wales and Scotland, with an average of only £43.70 allocated per student in England for hardship support while those in Wales received an average of £400 per head, Northern Ireland £500 per head and Scotland £80 per head plus other support packages.

We could have talked about the issues for staff who have faced enormous pressure and made huge efforts to move entire courses online, delivering the best possible teaching but knowing that some of the learning experiences would inevitably be lost. We might have asked why the latest guidance for teaching in the autumn has been issued too late, after timetabling has been done, making things more difficult than needed. We could have been considering the quarantine arrangements for the new session, as those of us on the all-party parliamentary group for international students have been arguing. We could have discussed the vital role that our universities will play as we rebuild our economy after covid. Instead, we are faced with this sorry Bill. The Government really need to deal with the priorities that we face. I hope that they will drop this unnecessary Bill.

Where are the results and outcomes and the action that the Government will take as a result of the Augar report? Or is it just growing dust and mould on shelves? What about the need to face down the uncertainty and try to clarify the situation for students who are studying in September 2021? We have 10 days left before recess in which we could debate urgent issues such as whether students will be studying under a hybrid system; whether they will be studying in person or remotely; whether they will have to undergo quarantine if they come in from abroad; what will happen to European student numbers, which have dropped because of Brexit; how Horizon will be funded; and how the short-term contracts that currently face so many women academics can be put on a proper employment footing.

While we are on the subject of women, how will the issues for women students raised so eloquently by my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) be addressed? These are real questions. We need proper services for women who have experienced sexual violence, and we need firm action against perpetrators.

Universities are not the enemy. This Bill will cause more paperwork and bureaucracy for a sector that is already struggling. Instead, we need a proper debate on the issues that matter. I hope that the Government will listen to the contributions made this evening, including the serious ones from my hon. Friends the Members for Leeds North West and for Warrington North about how determined a small far-right group can be to use legislation that is not carefully worded to cause mayhem, as well as the contributions from my hon. Friends the Members for Sheffield Central and for Cambridge (Daniel Zeichner) about how we can work together. We need to see urgent action and to be in the real world, not stoking culture wars.

The Government simply cannot have it both ways or take people for fools. This Bill is not really about freedom of speech though, is it? It is about stoking a culture war. It is about enabling those who profit from hate, silencing young Muslim students and students who care about climate change. The Bill is nonsensical and hypocritical, like the Home Secretary’s attempt today to condemn the same sorts of racism that the Conservative Government have courted and continue to stoke with divisive Bills such as this and the upcoming Nationality and Borders Bill.

What it boils down to, ultimately, is that Conservative Members are worried—really worried—about the fact that even when they won a landslide victory in the election, only 22% of 18 to 29-year-olds voted for them. That is not because young people are a bunch of liberal, snowflake, red, left-wing, knee-taking, no-platforming work warriors who need to hear balanced debates and will then, all of a sudden, discover how to vote Tory. No: it is because since we last had a Labour Government, 11 years ago, they have seen their fees more than trebled and their education maintenance allowance axed, and most of them are stuck renting at extortionate cost with little prospect of owning their homes in parts of the country.

While we talk about values, young people see a Home Secretary obsessed with deportations and not their own safety. They see a diversity-bashing Prime Minister and a dog-whistle Tory party which spends its time insulting even our English national football team for having the audacity to speak out against racism and try to get food into the bellies of kids who are going hungry because of the Government’s shameful policies. No amount of so-called balanced debate will ever cancel out those facts, no matter how hard the Government try to punish young people in this country.

If the Conservative party really wants to fix its electoral prospects with the optimistic, dynamic, hopeful and yes, sometimes radical new generation of our country, perhaps it should stop stoking a culture war and just get on with helping those young people to live freely and securely and realise their ambitions, just as a Labour Government would do. Young people want and deserve hope, not hate.

“take such steps as are reasonably practicable”

to secure freedom of speech. There are already regulatory bodies to ensure that those provisions are protected and enforced. The Office of the Independent Adjudicator deals with student complaints that cannot be resolved through internal processes of individual universities. Likewise, if academic freedom is being infringed, employment law and employment tribunals can address that.

This is interesting and I have not witnessed it very often, but Universities UK, the National Union of Students, the University and College Union and even the Russell Group are united in opposing this legislation. I say to the Government: do not insult the intelligence of Members of this House or, more importantly, the intelligence of the British people. This is a grubby political stunt, worthy of the derision it has received tonight. It is a propaganda exercise in this Government’s persistent provocation of the culture war, as many Members have suggested. But how far does the logic of this policy go? Who is next—further education establishments, schools, Government-funded charities and community groups? If not them, why are the universities being singled out? The logic of this policy is ludicrous.

If Ministers want to know the real issues in universities, they should go to Liverpool and Leicester and speak to the lecturers who have been forced on to picket lines because they are being sacked. They should visit any college and talk to lecturers about how their profession is being casualised, their wages frozen and cut, and their pension put under further threat. They should speak to the University and College Union and see what its members are up against at the moment. None of the issues that are so relevant to higher education, students and lecturers is being addressed by the Government, who are more interested in divisive culture wars than in solving the real issues faced by our universities and the people of this country.

The legislation should be dropped. I am fearful. As others have warned, be careful what this Government wish for, because they could open up serious division in our society and on our university campuses, and open up a can of worms that the fascist right will exploit.

I am chair of the all-party parliamentary group for international freedom of religion or belief. We speak out for those with Christian beliefs, for those with other beliefs and for those with no beliefs at all. Why do we do that? It is because we have respect for other people. I do that on behalf of Christians, Hindus, Muslims, Ahmadis, Jews, Baha’is and Shi’as because I believe they have the right to their beliefs as I have a right to have my belief. I will speak as strongly for them as I do for people of my own belief, because that is what I believe and what I seek to achieve in this House. I understand that that is what the Government are trying to achieve.

To provide some examples, I read of a shocking case against street preachers—I say this because I am a Christian and I have strong faith—who were drawn into speaking on abortion and other sensitive issues in an attempt to silence them having their rights upheld by the rule of law. I will quote what the judge said in his deliberation in one case, because it is important to have it on the record:

“Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence.”

We should be able to say words without bringing people to anger. He went on:

“Freedom only to speak inoffensively is not worth having.”

In Northern Ireland we had the case, which was known worldwide, of the Ashers cake sale. I will not rehearse the case in the House, Madam Deputy Speaker, but I just want to put this on the record. It was a case where those with a strong faith like myself were taken to court for not baking a cake for a certain group of people. They took their case to court. The Christian Institute helped them and they won their case, but those people were dragged through the court because they had a belief. This is about respecting other people. I just see in society today that so much happens in a different way. This is a principle that we must live by and I believe it should be clear in universities.

Today is 12 July, Madam Deputy Speaker, and in Northern Ireland we had a celebration of Orange culture. I am wearing my lodge tie—Kircubbin LOL 1900—because I came straight from the parade on to the plane for this debate. We had a fantastic celebration of our Orange culture in Newtonards, as there was across the whole of the Province. The people who watch those parades—I know them, because it is my constituency—are from all sides of the community. They are there to celebrate and enjoy it, and to have respect for other people. What a great thing it is to have respect for other people. I believe that is an example of people from all communities coming together. It may not necessarily be something they want to be a part of themselves individually, but they are happy to come along, support and enjoy not just the good will as there was in Newtonards today but that time together—[Interruption.] I apologise, Madam Deputy Speaker. I did not realise there was a time limit— that is my fault. I will come to an end. My apologies.

I will finish with this quote from the Christian Institute:

“Freedom of expression is central to the health of a democratic society. It allows us to seek truth and object to injustice. Without free speech, a society effectively closes the door to the exchange of ideas that can lead to positive change. So we need to be vigilant to protect this vital freedom for future generations.”—

Many aspects of higher education need urgent redress. For too long, universities have been treated as private businesses and left at the mercy of market forces while top salaries have soared and students have paid more for less. Tuition fees have trebled and maintenance grants have been scrapped, leaving the poorest graduates with an average debt of £57,000. Education must be a universal right, not a costly privilege. The Government must properly fund our universities, scrap tuition fees and cancel student debt. Instead, they are pushing through this legislation that solves none of the real issues facing the higher education sector and will instead compound the problems that they claim they wish to solve. They must end their divisive culture wars, stop stoking the fires of hate, abandon the power grab over the higher education sector, commit to properly supporting the freedom, wellbeing and funding of all staff and students and scrap altogether this free hate speech Bill.

My hon. Friend the Member for Nottingham South (Lilian Greenwood) asked why the Government have not prioritised support for students throughout the pandemic, which has exposed enormous inequality. My hon. Friend the Member for Luton North (Sarah Owen) spoke of the ongoing crisis in mental health on our campuses and asked why it is not a priority. Instead, the Government have manufactured a Bill to once again distract from their own failings. They claim that they have evidence and data, but as my right hon. Friend the Member for North Durham (Mr Jones) said, the Government are in an evidence-free zone.

As my hon. Friend the Member for Coventry North West (Taiwo Owatemi) said, the Bill is motivated by the cancellation on university campuses of just six scheduled events out of 10,000 last year. Four of those were cancelled due to incorrect paperwork, one was moved off campus, and the other was a pyramid scheme. As my hon. Friend the Member for Hornsey and Wood Green (Catherine West) and my right hon. Friend the Member for Hayes and Harlington (John McDonnell) asked, why is the Secretary of State so attentive to a virtually non-existent problem? Why was the Secretary of State not fighting his corner for the £15 billion of catch-up funding that was proposed by Sir Kevan Collins, rather than meekly accepting the £1.4 billion pittance? He would rather focus on six, or truly two, cases where people were not heard on campus.

The Bill is a charter for hate speech. Many people, including my hon. Friend the Member for Coventry South (Zarah Sultana), reminded us that the Minister for Universities, the hon. Member for Chippenham (Michelle Donelan), was unable to deny that the Bill would create a legislative safeguard for holocaust denial. Why are we devoting our attention to a Bill that provides legislative backing to help holocaust deniers, racial supremacists and other preachers of hate gain special access to university campuses? The simple truth is that the existing legislation—section 43(1) of the Education Act 1986, the Human Rights Act 1998, the Equality Act 2010, the Counter-Terrorism and Security Act 2015, which includes Prevent duties, and the Higher Education and Research Act 2017—already covers the issues that the Bill seeks to address. The 2017 Act established the Office for Students and states that the governing body must take

“such steps as are reasonably practicable to ensure that freedom of speech within the law is secured within the provider.”

My hon. Friend the Member for Cynon Valley (Beth Winter) questioned why, despite those existing powers, this Bill seeks to create a range of new obligations on higher education providers and to give the OfS new powers to fine an institution.

My hon. Friends have questioned throughout the new tort enabling individuals to seek compensation through the courts, which will result in universities and student unions having to spend more significant time and money fighting legal battles against vexatious and frivolous claims. What is the unintended consequence? Institutions and student unions will naturally become risk averse and avoid inviting speakers for fear of financial repercussions if they are subsequently cancelled. Remember that many HE institutions and colleges are actually quite small—maybe 2,000 or 3,000 students—and will certainly not be able to cope administratively or financially with the additional burdens placed on them. The result will be fewer speakers, fewer debates and an overall reduction in free speech.

Then there is the threat to academic freedom with the inclusion of a new qualifying concept of

“within their field of expertise”.

Perhaps the Minister would elaborate on how academic freedom will be limited in practice and on who would decide. Increasingly, and I have to agree with the right hon. Member for Haltemprice and Howden (Mr Davis), this begins to sound like the McCarthyism that started in the US in 1950s, but it is McCarthyism against our university sector. As we have heard repeatedly from Labour Members, this is a Bill that claims to safeguard, yet perversely will have the reverse effect in numerous unintended consequences. The idea that this Bill could actually facilitate holocaust deniers to speak on campus should itself send a chill through the public consciousness. Likewise, it would enable other anti-science brigades to hold court on campus. Perhaps I could paraphrase the late Donald Rumsfeld, and suggest that there may be intended unintended consequences. That is to say that the Government may not have fully thought through the forms and scale of damage to the higher education sector, but it seems they would not be dissatisfied with the turmoil of litigation and the financial impact they have unleashed, because this is the precursor to their attack on the sector.

Finally, let me turn to the Office for Students and its central role. If we needed to understand what was going on here, we could do no better than start with the appointment of the new chair to the supposedly independent OfS. I know the Prime Minister is a recent convert to the love of dogs, but appointing his poodle? Of course, one of Lord Wharton’s first acts was to make an £8,000 donation to the Conservative party, which is two months’ pay from his two-day-a-week job. Now we have what many are describing as an “Office for Stooges” overseeing higher education, and that is how free and independent speech will be in future. It is a body whose purpose now is to do the Government’s bidding, particularly when central to this legislation is the appointment of a tsar for free speech and academic freedom. That is chilling—one person with all those powers.

I will be voting for our reasoned amendment. Given that there is no serious evidence to suggest there is a problem with freedom of speech on our campuses, instead of addressing the urgent problems faced by students and higher education institutions, the Bill is yet another case of the wrong priorities from a Government who seek to divide rather than unite. I invite the Minister to explain why the public should trust this Government when it comes to free speech. After all, this is a Government who shut down Parliament illegally—this place, illegally—as well as a Government who interfere with the independent selection of members of parliamentary bodies and the selection of museum trustees. They are even a Government who tell the National Trust not to explain the history of certain of its properties that were funded on the proceeds of slavery. That is sinister.

The Government should drop this Bill and get on with addressing the urgent needs of the country, where people are more concerned about how they are going to pay their bills this week and this month, and where inflation is ripping through people’s hard-earned income, with an economy that has become so distorted and so riven by inequality in the past 11 years that we the people were more vulnerable to the pandemic even before the Government managed to mismanage the crisis. The public simply want good government and a Government who understand that politics is all about priorities, and that is why I urge all Members to vote for our reasoned amendment.

We have heard from some Opposition Members that we need cultural, not legislative, change. I remind them that current legislation lacks an enforcement mechanism. Yes, some universities, including Essex, have got their house in order, and we recently saw a strong commitment from the Russell Group, but as so many speakers today have highlighted, there is a problem. We also know the crucial role legislation can play, and has played, in cultural change; take gender equality, race discrimination and human rights as examples.

A number of Members spoke about how higher education providers will have to balance competing duties. It is important to remind the House that they already have to do that. However, the Bill places a duty on providers to take reasonably practicable steps to secure lawful free speech. It does not supersede the Prevent duty or the Equality Act. The requirement to take reasonably practicable steps is right. It cannot be sensible to require providers to act unreasonably or to ignore their other legal duties. The Bill will give providers further clarity, because the new director will give advice and issue comprehensive guidance.

I want to be very clear: this Bill only protects lawful free speech. Harassment, racism, discrimination, hate crimes, and incitement of violence or terrorism will have no place on our campuses or in our society. In fact, I vehemently believe that we should defend and safeguard freedoms on all fronts, from freedom of speech to freedom from persecution.

My hon. Friend the Member for Bury South (Christian Wakeford) raised the issue of security costs resulting from no-platforming, and cited the example of the Israeli ambassador. Higher education providers should not be no-platforming by the back door. The Bill is clear that reasonably practical steps should be taken to secure freedom of speech for visiting speakers, and I expect the Office for Students guidance to make it clear that this applies to security costs.

The Bill will protect numerous views that are alien to me and to many in this Chamber, but it is not only naive but dangerous to suggest that defending the right of a view in any way endorses a specific view. Surely, as politicians, we should all agree with the sentiment of Evelyn Hall, who stated when summing up Voltaire’s views:

“I disapprove of what you say, but I will defend to the death your right to say it.”

It is disappointing that not all Opposition Members understand this simple principle, which is much at the heart of the Bill: not a right-wing, anti-woke agenda but an agenda that allows all views and ideas to flourish. We have an immeasurable pool of talent in our students and academics, overflowing with ideas and values that will drive forward this country to build back better, and now is the time to unlock their potential.

Universities should not be echo chambers but petri dishes of new, thought-provoking ideas, concepts and visons. That is why this Government are making good on their manifesto commitment to tackle the pattern of self-censorship and its chilling effect by protecting and bolstering free speech and academic freedom. I commend the Bill to the House.

Question put, That the amendment be made.