Higher Education (Freedom of Speech) Bill (Sixth sitting)

Debate between Charlotte Nichols and Fiona Bruce

Wednesday 15th September 2021 Public Bill Committees

[Charlotte Nichols]

I am interested in the examples that the hon. Member has raised as things that should be protected as part of academic freedom, but I would draw the distinction back between academic freedom and freedom of speech.

Just because someone is an academic, for example, does not mean that any topic that they choose to wax lyrical about should necessarily be protected, particularly if they are engaging in harmful stereotypes, discriminatory behaviour and so on. As much as I agree with the broad thrust of taking this out, I think that we need to reflect in the legislation a way in which we might draw that distinction between academic freedom and freedom of speech. Does the hon. Member not agree?

[Fiona Bruce]

The objective of the Bill is to secure freedom of speech within the law. We are saying that, provided that someone speaks within the law—whether about their field of expertise or not—they should be covered by the Bill. They should have the freedom, as academics, to express views and not be penalised if those are unpopular, unfashionable or not mainstream. I hope the Minister will look at amendment 27 very seriously, above all those I have put down, and consider it in a positive light as the Bill progresses.

Amendment 28 is self-explanatory, setting out a number of factors that need to be covered and clarified in the definition of academic freedom. Not the least of those is the importance of academics being able to set the reading matter for subjects that they are teaching. I will set the amendment in context, underneath amendment 27.

A deeply concerning trend has emerged in our universities that has seen academics lose their jobs, students suspended from courses and refused affiliation with their unions, and visiting speakers refused a platform, due only to their expression of non-mainstream viewpoints. Some are not, in fact, non-mainstream. In his evidence, Matthew Goodwin, a professor of politics and international relations, told us he was an outlier when speaking of Brexit, with only 10% of academics sharing his support of it. However, Brexit was actually voted for by over 50% of those who voted in the referendum across our country.

We also heard of instances of academics being subject to vilification or discrimination for exercising their right to academic freedom and freedom of speech within the law. Although we did not hear of these instances in evidence, I will give two examples. In 2019, I raised in this House the well-publicised and worrying experience of respected academic John Finnis, an emeritus professor of law and legal philosophy who had taught at the University of Oxford for some 40 years at that point, yet students were calling for him to be removed from office simply for holding traditional Catholic views. Much more recently in the press, we had the case of David Palmer, a Catholic who was denied recognition by Nottingham University for the post of chaplain due to comments he made on social media expressing no more than the Church’s traditional views on euthanasia and abortion.

Professor Goodwin told us:

“This is how it typically works: a group of students will make a complaint about an academic. They may take that academic’s words out of context. They may imply that something was said that may not have been said—who knows? That academic is typically investigated and, as we saw in the case at Edinburgh recently, they are suspended and asked to leave campus for six weeks or so while the case is investigated. There is a reason why academics say that the punishment is the process. The reputation of that academic is now in tatters. Nobody will hire that academic. His or her chances of getting a research grant are probably minimal, and those of getting published have been severely damaged. That individual is tainted.”––[Official Report, Higher Education (Freedom of Speech) Public Bill Committee, 13 September 2021; c. 97, Q197.]

Given that Professor Kaufmann told us how there can be over 100 applicants for any post in academia, that is a serious disadvantage that can be experienced and suffered. We were also told by more than one witness that self-censorship by academics is the most pervasive impact of all—the so-called “chilling effect”.

We heard about that from several witnesses during the course of evidence. The case of Dr Ahmed is particularly instructive. We heard how he struggled to get just 25 signatures of people willing to put their name publicly to a motion on whether to change the wording of a university’s policy. That goes directly to the reason why we need amendment 28. Once it was put to a vote by secret ballot, it passed by 80%. Some witnesses spoke of staff and students refraining from saying things they considered to be important or not pursuing lines of research they thought would be fruitful, because they feared adverse consequences, such as disciplinary action or another form of marginalisation or vilification.

Amendment 28 seeks to augment and clarify that academic freedom should include the freedom to express opinions about a university, including its curricula, governance, affiliations, teaching and research, without the risk of being adversely affected. Amendment 60 seeks to ensure that students do not suffer any impact on their educational process, such as being marked down. We have already had a good debate on amendment 59, with which amendment 60 is linked, so I will leave that with no further comment, save the hope that the Minister will reflect on amendment 60 with amendment 59.

[John McDonnell]

I want to repeat my declaration of interest as an honorary fellow of Birkbeck, University of London, which is the same as the hon. Member for Ruislip, Northwood and Pinner. I failed to declare that my wife is an educational psychologist and is now a part-time tutor at the Institute of Education at University College London. I just want to make sure that our register of interests is full. I cannot think of any other family who are involved, but at least I will get that on the record.

Before considering the amendments, I want to reflect on the fact that we have come a long way since section 28 in the 1980s. We are no longer tolerating any Government interference in matters—for example, at that stage, in just talking in an educational setting about LGBT rights. It is interesting and gratifying that we have come this far.

On amendment 80, I want to warn the Minister. The right hon. Member for South Holland and The Deepings has a propensity to get people into trouble. On one occasion some years ago, the Speaker called for a question in the House and shouted out “Hayes, the Whip”, but nobody was there and I got the blame for it, even though it was John Hayes, not the Member for Hayes and Harlington, so I caution the Minister. Ever since Pepper v. Hart, material in the House can be taken into account in legal actions, and the right hon. Gentleman is enticing the Minister into expressions around his amendment. I actually have some time for his amendment. All we are trying to do today is get a formulation—maybe by Report stage and certainly by the time the Bill gets to the Lords, which is packed full of legal experts—with more than even the Commons—who might well be able to assist us. I can understand exactly where he is coming from in wanting to maximise that freedom of expression of freedom of academic activity.

I want also to consolidate the alliance I now have with the hon. Member for Congleton. It is interesting that a number of witnesses raised the point that this form of words does not work—we have to find some other formulation. I have worked with a whole range of economists in recent years who have commented on a whole range of matters unrelated strictly to economic matters—for example, wellbeing, health, social care. Areas of interest evolve over time. They cannot be defined just by the job description of that academic. We are digging ourselves into a hole by leaving this in the Bill. To the hon. Member for Congleton, I say: screw your courage to the sticking place, because if we had a vote on that today, we would most probably win it. I would be careful about the assurances that she may get from the Minister, which might not completely eradicate that form of words from the Bill.