The hon. Gentleman makes a pertinent point, as always. I will refer back to it in a moment in relation to the Charity Commission’s guidelines. The actual wording of clause 43 of the Education (No. 2) Act 1986 imposes an obligation on university governing bodies to take
“such steps as are reasonably practicable to ensure that freedom of speech within the law is secured”
on both university and students union premises. I have written underneath, “proactive”. This is a proactive clause. It requires them to take steps to secure free speech, so I entirely agree. It does not help, for example, when, as charities, students unions have been told that they can devote resources to or campaign only on issues that further their charitable purposes. The Charity Commission has interpreted this—I think, and our Committee agrees —in a far too narrow way. The Charity Commission guidance for students unions indicated that it would consider it acceptable for charitable students’ unions to comment on
“street lighting near the campus”
because the issue affects students as students, and therefore fulfils their charitable purposes. The Charity Commission would consider it unacceptable for students unions to comment publicly on issues that do not directly affect the welfare of students as students, such as,
“the treatment of political prisoners in a foreign country.”
That is the Charity Commission’s own example, illustrating the point raised by my hon. Friend the Member for Stafford.
The Minister told our Committee that the Charity Commission guidance should
“go further and facilitate the promotion of free speech. It should be giving students’ unions the permission to host debates about controversial issues and expose students to a wide range of viewpoints. That should be the core purpose.”
That is quite right. It is not just preferable that free speech is promoted and protected in universities. It should be a prerequisite for any university that is going to achieve its educational purposes. I am pleased that the Charity Commission has acknowledged as much this week and has announced in response to our report that it will create new guidance in this area. Helen Stephenson, chief executive of the Charity Commission said yesterday:
“charitable students’ unions, universities and other higher education providers can challenge traditional boundaries, encourage the free exchange of views and host speakers with a range of opinions, including those who might be controversial or divide opinion.
These activities are entirely in line with their aims to promote education.”
That is a pleasing response to our report.