My Lords, I have a fairly simple question. I have various connections with universities, but I shall not bother with that just now in order to save time. Subsection (2) in the new clause inserted by Amendment 15D refers to,
“carrying out the duty imposed by section 25(1)”,
and goes to state that “it” must have particular regard to the freedom of speech. “It” definitely refers to the freedom of speech part. I have no difficulty with that. I do not share the difficulty of my noble and learned friend Lord Scott, which is obviously a Chancery difficulty, but my difficulty is fundamental. When carrying out the duty imposed by Section 25(1) may lead you in one direction, the freedom of speech duty may lead you in the opposite direction. In that case, which wins? That is why it is so important that the amendment states that we should,
“have particular regard to it”.
The noble Lord, Lord Elystan-Morgan, suggested that it should be the top priority where there is a conflict. I do not know what quite what the intention is in that respect, but it is quite obvious that there can be a conflict, and if there is a conflict, what is to happen? With great respect, the Government’s new clause does not so far conclusively answer that question.