My Lords, the importance of this amendment is to put the duties towards academic freedom on a rather different basis from those currently in the Bill. New Section A1(5) says:
“The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom.”
We want to secure their academic freedom, but that is—via new subsection (2) and then back to new subsection (1)—on a “reasonably practicable” basis, so it is not an absolute duty.
The effect of the amendment is, first, that:
“A provider must … take the steps set out at subsection (1)”—
which is a “reasonably practicable” duty—
“to secure the academic freedom of … academic staff, and … visiting speakers”.
That will remain on a “reasonably practicable” basis. But secondly, under proposed new paragraph (b), the amendment would
“not subject any member of academic staff to any detriment (including dismissal)”
and so on, and is subject to the “must” clause because it does not link back to new subsection (1).
The important essence of this amendment is to impose an absolute, rather than a “reasonably practicable”, duty not to dismiss or punish an academic for exercising his or her academic freedom. Without this amendment
and this change to the structure, a provider could argue that continuing to employ an academic who has stirred things up and who is unpopular with activists would be impracticable. That would be particularly relevant, for example, where an academic is conducting or has conducted a line of research that is socially or politically sensitive so far as the end product is concerned, and where that research perhaps upsets existing social norms as well as academic norms. In the field of science, for example, one can think of genetics, sex, race or psychology. It can also be in political contexts.
Let us assume it is completely bona fide scientific research but of a novel line that has discovered things that upset people dramatically. There is then an uproar, and the university just says, “This is all too difficult—I’m afraid Dr X has to go”—and, actually, Dr X has been doing proper research subject to all the norms of academic freedom.
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Nowadays, the problem is not simply how universities control third parties who are trying to shout down free speech, but how they themselves act. That is something in their absolute control when they take a decision on whether to hire or fire somebody and it is important that the duty not to dismiss is subject to this absolute obligation. Of course, they can dismiss on proper grounds, as one would in any contractual state or fair dismissal; but if it is based on academic freedom, and they simply say, “Your research has stirred things up too much. We can’t cope with this. We want a quiet life”, that must not be acceptable. It must be an absolute duty and that is what this amendment is about.