Higher Education (Freedom of Speech) Bill

Debate between Lord Macdonald of River Glaven and Baroness Morris of Yardley

Report stage
Wednesday 7th December 2022 Lords Chamber

[Baroness Morris of Yardley (Lab)]

My Lords, I rise briefly to support this amendment, to which I have added my name. I will try not to repeat everything that my noble friend Lord Hunt said but will emphasise some of his points.

I too was grateful for the meeting with the Minister. It was very helpful, and I think there was a great understanding of our view and of the problems the Government are having with putting this into legislation. I completely accept that the law has to protect both those who wish to express a view and those who wish to express a contrary view. In some ways, as my noble friend said, this is a “hecklers’ amendment”, but we are old enough both to have done some heckling and to have been the subject of heckling in past years. However, most of the time I was heckling or being heckled, it was not with the intent of stopping somebody else being heard; that is the crucial point.

Universities should be places where there is freedom to put forward a view and freedom to oppose it. I would never want a law of silence, where somebody’s view has to be listened to in silence. If there is an intention to make sure that the opposite point of view, which is legally held, is not heard, that is not the purpose of universities in this country. It never has been and it never should be. There are too many examples of that border being crossed.

Professor Stock has received a lot of publicity and rightly so—she felt obliged to lose her job. However, I have worked with academics who express an interest in sex and gender, and maintain the view that sex is a biological thing and that that should govern the law, and their lives have been made a misery. It is a long time since I have been to a university and talked to academics expressing that view when they have not told stories about it being miserable to be an academic because there is not the environment in which they can openly express their views. They are not people who want to impose an alternative point of view; the idea of putting forward a view is to engage in debate, not to make others say, “Yes, you’re right. Let’s move on.” Engaging in debate is at threat.

I can see that it is difficult to put that into law. It would be impossible; we would be here all day. I hope that putting this into the code of practice gives a clear message to the leaders of our universities that they have to take action, because, quite frankly, some vice-chancellors have not been doing their job on this. They have hidden quietly for too long and not stood up to protect their academic colleagues when they should have done. If that message can go forward in the code of practice, we might begin to reverse this tide.

[Lord Macdonald of River Glaven (CB)]

My Lords, I do not oppose this amendment at all. I can see why it might be possible for material relating to this issue to be included in codes of practice. However, it is worth observing that a lot of the behaviour described by the noble Lord, Lord Hunt of Kings Heath, is patently criminal. It is a great shame that universities, colleges and other authorities do not always appreciate that.

As I said in Committee, a group of masked men letting off flares and shouting threats and abuse about a professor of philosophy inside her workplace is conduct that, in my view, is properly characterised as criminal. It is a great shame that the University of Sussex or other relevant authorities did not see it that way.