Commons Sense

House of Commons · Ministerial Statement

Higher Education Regulatory Approach 2025-01-15

15 January 2025 · 23 other contributors

Opened by The Secretary of State for Education Bridget Phillipson

EducationCulture, Media & SportStandards & Ethics

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

The Secretary of State for Education raised concerns about higher education regulatory approach 2025-01-15 in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Minister paused further commencement of the Higher Education (Freedom of Speech) Act 2023 in July 2024
  • Decision was made to protect academic freedom and welfare of minority groups
  • Minister proposes implementing key elements after engaging with stakeholders

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

The Secretary of State for Education

Today, I am making a statement on the Higher Education (Freedom of Speech) Act 2023. In July 2024, I paused further commencement of the Act in response to concerns raised by various stakeholders. The decision was made because it is crucial to ensure that academic freedom and freedom of speech are protected while also safeguarding the welfare of minority groups on campus. After extensive engagement with academics, universities, students, and other relevant parties, I propose implementing key elements of the Act such as duties on higher education providers to take reasonable steps to secure and promote freedom of speech within the law, and a ban on non-disclosure agreements for staff and students in cases of bullying, harassment, and sexual misconduct. Additionally, I will seek repeal of certain provisions that are deemed unworkable or unnecessary, including duties on student unions and the tort provision, which could create costly litigation. The Office for Students (OfS) will retain a complaints scheme but with proportionate measures to prioritise serious cases. The OfS’s mandatory condition of registration will also be amended to provide flexibility in regulation. I have committed £7 million to tackle antisemitism in schools, colleges, and universities. My proposals aim to deliver an Act that is practical, proportionate, and workable while protecting academic freedom and free speech.

Other contributors (23)
  • Laura Trott Con Sevenoaks

    Question

    What has changed since the Act was paused, and does the Secretary of State still stand by her characterisation of the Act as a 'Tory hate speech charter'?

    Minister reply

    After extensive engagement with stakeholders, I have proposed implementing key elements of the Act while seeking repeal of certain provisions deemed unworkable or unnecessary. The focus is on practical and proportionate measures to protect academic freedom and free speech.

  • Bridget Phillipson MP

    Question

    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?

    Minister reply

    Universities must continue to uphold freedom of speech within existing legal frameworks and guidance provided by Universities UK.

  • Bridget Phillipson MP

    Question

    Why is six months not enough time? Can she spell out the changes the Government are thinking about making to the overseas funding measure?

    Minister reply

    The decision was based on careful consideration and stakeholder engagement. Changes will be made after further consultation.

  • Bridget Phillipson MP

    Question

    Can she confirm that there were no deals done to amend that section during the Chancellor’s recent visit to China?

    Minister reply

    I cannot comment on any specific discussions or deals regarding the Act's overseas funding element.

  • Helen Hayes MP

    Question

    Can she assure the House that universities and students will be absolutely clear about the limits of free speech, which are already enshrined in law?

    Minister reply

    We will provide further clarity through the Office for Students to ensure universities understand their responsibilities.

  • Ian Sollom MP

    Question

    Will she consider giving higher education institutions a statutory duty of care for their students?

    Minister reply

    Engagement with stakeholders and careful consideration of all views have informed our approach, ensuring academic freedom within legal frameworks.

  • Mark Sewards MP

    Question

    Does she agree that it is time to talk about the financial situation facing many of our universities?

    Minister reply

    We acknowledge the financial challenges in the university sector and are working on reform for long-term sustainability.

  • Caroline Johnson Con Sleaford and North Hykeham

    Question

    Why have student unions been excluded from the legislation? How will they be held accountable?

    Minister reply

    Student unions with small memberships lack resources to handle new claims, so we are excluding them but expect universities to ensure their student unions uphold free speech and are regulated by the OfS.

  • Charlotte Nichols Lab Warrington North

    Question

    Are there concerns about antisemitism in the draft guidelines produced by the Office for Students?

    Minister reply

    We will engage with Jewish students and community organisations to ensure that existing good practice is maintained and mistakes are not repeated.

  • Graham Stuart Con Beverley and Holderness

    Question

    What consequences will universities face if they do not protect free speech?

    Minister reply

    The OfS can impose penalties on institutions, and providers must comply with registration conditions. The complaints scheme allows the OfS to make recommendations that need to be followed.

  • Darren Paffey Lab Southampton Itchen

    Question

    What is your view on academic freedom and free speech in universities?

    Minister reply

    We are committed to securing a university education that exposes students from diverse backgrounds to challenging views, which is essential for their development.

  • Gavin Williamson Con Stone, Great Wyrley and Penkridge

    Question

    How many staff will be dedicated to the director of free speech? Will there be financial support?

    Minister reply

    The OfS is an independent regulator; I cannot set out specific details on their staffing. The OfS can regulate providers in relation to free speech and take regulatory action if needed.

  • Chris Vince Lab/Co-op Harlow

    Question

    Would the previous legislation have added financial stress to institutions?

    Minister reply

    We sought a fair, proportionate, and workable approach through consultation. The paused commencement of July aimed to ensure that any legislation is well thought out.

  • Richard Holden Con Basildon and Billericay

    Question

    What timeline can you give for the foreign influence registration scheme?

    Minister reply

    I will review Hansard to clarify the last part of your question but am not committing without further consideration.

  • Matthew Patrick Lab Wirral West

    Question

    How do your measures ensure a spirit of disagreement and listening across university campuses?

    Minister reply

    These measures will allow students to experience education that challenges their views, promoting understanding of the world in all its forms.

  • Matt Rodda Lab Reading Central

    Question

    Will you commit to working with smaller research-intensive institutions?

    Minister reply

    Yes, we will continue to work with providers and institutions of all sizes across the country.

  • Robert Jenrick Con

    Question

    What legal basis is there for postponing local elections, and how does this affect the democratic process?

  • Joani Reid Lab East Kilbride and Strathaven

    Question

    Can you assure me that any future guidance will carefully outline the importance of expression for all, including minority groups crowded out by hate speech?

    Minister reply

    I will ensure my hon. Friend’s point is taken up. Many have raised serious concerns about antisemitism on campus and its impact on Jewish students. I can see no good reason why any university would invite a Holocaust denier to deny the overwhelming evidence.

  • Luke Myer Lab Middlesbrough South and East Cleveland

    Question

    Will you assure my constituent that this Government are committed to academic freedom?

    Minister reply

    I give my hon. Friend that assurance. That is why, as one of the measures I intend to return to, we must look again at board and executive appointments to the Office for Students.

  • Adam Thompson Lab Erewash

    Question

    Does my right hon. Friend agree that our universities must remain centres of robust, rigorous debate always?

    Minister reply

    Yes, that is crucial. We know the chance to study at university is life changing for so many students.

  • Laurence Turner Lab Birmingham Northfield

    Question

    May I invite the Secretary of State to respond to a statement shared by the Union of Jewish Students regarding her changes?

    Minister reply

    I am grateful to my hon. Friend for sharing those comments. I pay tribute to the Union of Jewish Students for their amazing work and give my commitment to continue working with them.

  • Scott Arthur Lab Edinburgh South West

    Question

    Does the Secretary of State agree that students should be free to practise their faith, always, and able to display their faith publicly without fear?

    Minister reply

    That is absolutely essential. The same is true for Jewish students and others from minority groups as they go about their business at school and college.

Shadow Comment

Laura Trott

The Higher Education (Freedom of Speech) Act 2023 was passed by Parliament prior to the election. The Labour party initially agreed with its need but paused its implementation after the election, characterising it as a 'Tory hate speech charter'. Despite widespread criticism from over 650 academics and Nobel prize winners who signed letters opposing the pause, the Secretary of State did not change her stance until now. Laura Trott pays tribute to those academics leading the fightback outside Parliament and questions what has changed in the Government's position.

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