My Lords, I will briefly remark on the labyrinthine complexity of the law in relation to education and universities as it is already. I have a terrible anxiety that this Bill—well intentioned as it may be—along with the guidance, will add a dimension of further complexity that will be counterproductive to a quite significant degree. It is going to make the task of the authorities in schools and universities—and I should declare an interest as a former Chancellor of the University of Essex—burdensome to a remarkable degree. I support this group of amendments, but very much hope that the Minister, who has a gargantuan task in shepherding through this Bill, will tell us whether there is any prospect at all that this side of the finalisation of our deliberations, anything could be done to cast light and clarity on what I believe is a forest fit only for lawyers.
Finally, I echo what many others have said, most recently the noble Lord, Lord Deben: that it is so easy to contrive a situation in legislation that is counterproductive. I have a fear bordering on a certainty that the good intentions of the Bill will prove to be just that: because what I believe the Government have not taken nearly enough into account is that universities are engines of enlightenment, truth, fact and tolerance. However, what is being imposed upon them will have a chilling and bureaucratic effect, particularly—I repeat—via the guidance that, we must not forget, as the Joint Committee on Human Rights put it, will expose universities to being found,
“in breach of the new duty and therefore subject to direction by the Secretary of State and, ultimately, a mandatory court order backed by criminal sanctions for contempt of court”.
I fear that it will end up undermining the unique virtues of the university sector. Of course, that would be the ultimate farce because the Bill is designed to uphold the values of which universities are exemplars.
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