I bow to the noble Lord’s superior knowledge on this. If noble Lords will allow, I will conclude.
I mentioned the possibility of a monetary penalty, which was raised by the noble Baroness, Lady Garden. The power to impose a monetary penalty is based on the existing enforcement regime for higher education providers and is intended, obviously, to encourage compliance.
New Section 69B will also require the OfS to maintain and publish a list of student unions at approved fee cap providers. This will make it clear which student unions the OfS has been informed by its providers are subject to the duties in new Sections A5 and A6. It will also require those student unions to provide the OfS with information it may require for the performance of its functions. These are new regulatory functions, intended to ensure compliance by student unions with their new duties. Together with Clause 3, this clause will ensure that freedom of speech is protected by not just higher education providers but student unions.
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The Bill places clear, direct duties on student unions and gives the OfS a mechanism to regulate and enforce them. I hope noble Lords will agree that the Bill as currently drafted represents the best way of regulating student unions as regards freedom of speech.