Contribution
I thank the Secretary of State for advance sight of her statement. The Higher Education (Freedom of Speech) Act 2023 was passed by Parliament prior to the election. By the end of the Act’s passage through both Houses, the Labour party had agreed in principle with the need for it; indeed, there are positive signals coming from those on the Front Bench today. However, immediately after the election, Government sources said the Act was a Tory “hate speech charter”, and paused its implementation. I ask the Secretary of State: what has changed? Does she still stand by her characterisation of the Act?
It should have been obvious straightaway to anyone with even a basic sympathy for the norms of liberal education that pausing the Act was a mistake. It should have been clear again, when more than 650 academics signed a letter to The Times decrying the decision, that pausing the Act was a mistake, but the Secretary of State still did not budge from her position. It should have been undeniable that the Government had made the wrong choice when, acting together, no less than seven Nobel prize winners and a Fields medallist later added their names to that letter, but still Labour was happy to roll out the old tropes about hate speech. Literary luminaries like Sir Stephen Fry, Tom Holland and Ian McEwan were forced to intervene. Those with natural sympathies for the Secretary of State’s own political positions were compelled to tell her that she was wrong. It is only now, after all that humiliation, that she has finally changed her footing. I pay tribute to the academics who led that fightback outside Parliament.
Much like they have done with academies in the Children’s Wellbeing and Schools Bill, this Government take a wrecking ball to policy without a thought for the consequences. They are much more interested in virtue signalling than in what is right for the country, more interested in listening to student union advisers than to women hounded out of their jobs. Since the Secretary of State decided to pause the legislation, gender-critical women, among others, have, in the process of vindicating their rights, racked up enormous legal fees that have caused some to remortgage their houses. Professor Jo Phoenix said publicly that if the Act had been enforced, it would have saved her from that very ordeal. Will the Secretary of State now apologise to those who have suffered because of her inaction?
We have upcoming legal action in the judicial review brought by the Free Speech Union against the Government’s decision. Considering that a concern about expense was one of the reasons given by the Government to justify their decision, how much has that litigation cost to defend? What is the financial cost of the Secretary of State’s inaction? How much taxpayer money has been spent on a partisan play-up-to-your-own-gallery move that is about to fall flat of its face in the court? Did the Secretary of State receive legal advice before she made her decision to suspend the Act? Will she release it, so that Members can see the basis on which she acted? If she did not, how can she possibly claim to have acted responsibly in this matter?
Despite the Secretary of State’s statement, we now have confusion about what is actually happening. It seems that the Government cannot even do a much-needed U-turn properly. Without the tort, what consequences will universities face if they do not protect free speech? Why is the Secretary of State unable to set out a clear decision on overseas funding? Why is six months not enough time? Can she spell out the changes the Government are thinking about making to the overseas funding measure? Can she confirm that none of those were discussed during the Chancellor’s recent visit to China? Can she confirm that there were no deals done to amend that section? That is very important. It is extremely poor timing at best and invidious at worst to consider changes to the overseas funding element of the Act so soon after that trip to China.
It was always obvious that the Education Secretary made a mistake in pausing the Act, but rather than commencing a little more of the Act to try to cover up the mistaken delay, she needs to get up and perform the U-turn in full. The Act contains much-needed protections and she must not abolish them just because they came from the Conservative side of the House.
Finally, while we are at it, the Secretary of State should perform a U-turn on academy freedoms too. The Government must not take six months to realise their mistake on that one.