Universities: Freedom of Speech

(Urgent Question): To ask the Secretary of State if she will make a statement on freedom of speech in universities.

It was a Labour Government who enshrined in law the right to freedom of expression, and it is a Labour Government who will again uphold freedom of speech and academic freedom on our university campuses—not through creating a culture war, but through working with academics, students and campaigners to get the legislation right.

The Secretary of State wrote to colleagues and made a written statement on 26 July 2024 on her decision to pause further commencement of the Higher Education (Freedom of Speech) Act 2023 in order to consider options. We have heard concerns from minority groups and others that that Act and its implementation may have unintended consequences and result in disproportionate burdens for universities and student unions. Many are concerned that it could push providers to overlook the safety and wellbeing of minority groups over fears of sanction and costly action.

I want to provide the House with reassurance that this Government believe that higher education must be a space for robust discussion that exposes both students and academics to challenging ideas. The decision to pause the Act was made precisely because of the importance of getting this legislation right. The Secretary of State indicated in her written statement that she would confirm her long-term plans for the Act “as soon as possible”. Since then, officials and Ministers have engaged with a wide range of stakeholders on the future of the Act. This includes representatives of higher education providers and academics, including those from the Committee for Academic Freedom, Academics for Academic Freedom and the London Universities’ Council for Academic Freedom. Those officials and Ministers will continue to engage with stakeholders before any final decision is made.

I call the shadow Secretary of State.

This evening, a Member of this House was due to speak at an event at Cambridge University. That event will not go ahead as planned because of safety concerns. It is absolutely not for us to question operational decision making, but it absolutely is for us to question this Government about legislation and the effects—direct, indirect and chilling—of the decisions they have made since coming to office.

Last year, the Higher Education (Freedom of Speech) Act became law. In the end, having attracted cross-party support after extensive working with students and academics, it passed all its stages in Parliament and received Royal Assent. That Act is about protecting free speech on campus, including for visiting speakers, and it is about academic freedom to challenge conventional wisdom and put forward unpopular and controversial opinions. However, in July this year, the new Secretary of State decided—without any parliamentary debate—not to commence that Act.

The Minister speaks about a wide range of stakeholders. Some 600 academics, including seven Nobel prize laureates, have written to the Secretary of State in support of the legislation. Does the Secretary of State really think that those academics would support that legislation if it was, as the Government put it, a Tory hate charter? Will she now agree to meet those academics, and will she please now do the right thing and commence the legislation that Parliament has passed?

This Government are absolutely committed to freedom of speech. The Secretary of State paused the further implementation of the Act to consider options and ensure we get the legislation right, and she will confirm as soon as possible the plans for the Act and long-term plans for the continuation of freedom of speech in higher education. The higher education sector, minority groups, and unions representing staff on campus have raised concerns about the Act, believing it to be disproportionate, burdensome and damaging to the welfare of students, and fear that sanctions could result in minority groups’ concerns being overlooked. MPs and peers raised a whole range of these concerns during the Bill’s passage. By stepping back from the legislation to reflect on which of the measures introduced are needed, the Government are taking a pragmatic approach to ensuring that higher education remains a space for constructive dialogue and a home for diverse opinions. It should not be a battleground for ideological clashes.

We are considering the next steps. I take on board the shadow Secretary of State’s request for the Secretary of State to meet those he mentioned. She has held a range of meetings with all groups that have concerns and want a say in how this consideration continues. I am sure that she will have further meetings and I will pass on his specific request.

Universities and academic freedom are vital to the intellectual and economic health of this country. Free speech was mentioned in our manifesto earlier this year, but there was no mention of this particular decision, which was made 21 days after the Secretary of State took office. Sadly, I therefore find it difficult to support this decision, on that basis alone. Can the Minister tell me whether, when she talks about burdensome issues, she means the Chinese Government threatening to withdraw resources from our major universities, because I think that is at the bottom of the pressure that was unduly put on the Secretary of State?

I have heard my hon. Friend and recognise his point. However, I can absolutely reassure him that that was not a factor in making this decision. It is very much about ensuring that we take the time to consider options for the future of this Act and make sure that we get it right. It is because we believe in upholding freedom of expression and freedom of speech in our world-class higher education sector that we want to get this legislation right, and that is why we are considering the options. We will continue to listen to and meet all groups that have an interest in upholding freedom of speech. There are those who support measures in the Act and those who have concerns about measures in the Act. We will continue to consult and will report back on plans as soon as possible.

I call the Liberal Democrat spokesperson.

Freedom of speech is fundamentally about the freedom to inquire about and explore ideas, facts and data that are sometimes difficult and sometimes inconvenient, and it was the lack of facts and data, and even of much of an idea, that failed to convince the Liberal Democrats of the need for the Higher Education (Freedom of Speech) Act. It was not based on evidence and it was not proportionate, and the Government’s decision to halt its implementation is welcome. However, we should take legitimate concerns seriously, and we should not ignore those that exist within Jewish communities, including in universities. What work is the Minister undertaking to ensure that Jewish staff and students feel safe and welcome in our communities, especially in our universities?

I welcome the hon. Gentleman’s comments and recognise much within them. The rise in antisemitic abuse on higher education campuses is deeply concerning, and this Government take it extremely seriously. We regularly meet Universities UK to discuss what support universities are offering to Jewish students on campus and how they are tackling antisemitic abuse. We also regularly meet the Union of Jewish Students, the University Jewish Chaplaincy and the Community Security Trust, and we will continue to do so to make sure that we get this right.

Can the Minister reflect on the dire inheritance in education, particularly in the higher education sector?

My hon. Friend raises an important point about the wider landscape and the challenges facing our higher education sector. Our universities are not just vital for upholding freedom of expression, freedom of speech, academic debate and rigour; they are also incredible seats of opportunity that must be unleashed up and down this country. We will continue to do everything we can to support economic growth, which we know is supported by higher education, and indeed by the whole of education. The Government are committed to that unleashing of opportunity.

The Secretary of State has said that she wants to listen to different views and the Minister has talked about the number of meetings that have taken place, so will she commit to meeting the delegation of senior Jewish academics led by Professor David Abulafia, who has already written requesting such a meeting?

The right hon. Gentleman is absolutely right. We are absolutely committed to consulting with a wide range of interests in order to get this legislation right, and I will certainly pass on his request to the Minister with responsibility for higher education, who leads on this work.

Does my hon. Friend agree that the real threat to academic freedom are cuts to academic subjects and job insecurity, two issues that the Conservative party ignored time and again when in government?

My hon. Friend raises an important point, and it goes back to what I said previously: this debate is very important. It is important that we have the right framework for freedom of expression and speech within our education system, and particularly that academic rigour that benefits from having the freedom to be challenged and to challenge views that should be heard and debated. She is also right that universities are the powerhouse to opportunity across the country, and we need to ensure that is unleashed in every part. I am a fellow north-east MP and we know how important our universities are in our region to unleashing that opportunity and we want to see that unleashed across the country.