To ask His Majesty’s Government what advice they are giving to universities following the fine imposed by the Office for Students on Sussex University for breach of free speech obligations.
My Lords, the regulatory case report to which the noble Baroness referred underlines the importance of good governance and academic freedom in higher education. The Office for Students will shortly be writing to relevant providers on this important issue and offering support and advice. It will be publishing updated guidance for the higher education sector to support it to understand how to comply with its duties in relation to freedom of speech and academic freedom.
I thank the Minister for that Answer. I welcome the robust backing that the Education Secretary, Bridget Phillipson, has given to the Office for Students’ insistence, via a hefty fine, on respect for free speech at Sussex University—including for academics such as Kathleen Stock, whose expression of a revolutionary belief about the reality of biological sex got them hounded and abused. I note, though, that Sussex University is indicating defiance of the OfS ruling. Will Education Ministers, not just the OfS, ensure that universities are persuaded not only of their intellectual duty to respect free debate but of their obligation not to waste taxpayers’ money, especially when they are complaining about a shortage of funds?
The noble Baroness is right that we have robustly defended academic freedom. We believe that universities are places where academics need to be able to express and research contested ideas, where individuals need to be able to express lawful speech, and where that freedom of speech needs to be respected. We will continue to ensure that that is the case. Universities are autonomous organisations, but I am sure that they will have heard the point made by the noble Baroness about spending their money.
My Lords, I declare an interest as a parent of a trans child. Does the Minister agree that, in the exercise of everybody’s inalienable right to lawful free speech, it is in the interests of all concerned that publicly stated views about these matters are given in a measured way that enables mature and informed discussion about a challenging issue?
My noble friend is exactly right: it is wholly possible to carry out the sort of important research that the noble Baroness referenced, including in the area of gender-critical research, and to treat trans people with the respect that they deserve and ensure that they are able to play their full role in our society.
My Lords, in the light of the Office for Students’ finding that Sussex University’s trans and non-binary equality policy is incompatible with the registration conditions imposed by the Office for Students on all English universities, which require them to uphold free speech and academic freedom, would the Minister advise all universities to review their EDI policies to ensure that they do not chill lawful speech and are not incompatible with their regulatory compliance requirements?
The noble Lord is right that part of the ruling was about the specifics of the University of Sussex’s trans and non-binary policy and its failure to recognise the requirements on the university to ensure freedom of speech and academic freedom. I hope that all universities will look carefully at this ruling and will note its second element, which was around the governance to consider issues such as this. All universities need to be clear that these important decisions, and sometimes these challenging conflicts, need to be considered at the highest possible level and with the strongest possible governance.