Image: Christopher Penler, via Shutterstock
Education secretary Bridget Phillipson ‘considering options’ including scrapping controversial legislation
The Labour government is to consider repealing last year’s legislation on freedom of speech in higher education, over concerns that it is burdensome for universities, students’ unions and the Office for Students.
Bridget Phillipson, the education secretary, said in a written ministerial statement on 26 July that she had made the decision to “stop further commencement” of the Higher Education (Freedom of Speech) Act to “consider options, including its repeal”.
“I am aware of concerns that the act would be burdensome on providers and on the OfS, and I will confirm my long-term plans as soon as possible,” Phillipson said.
The act passed in May last year, and offers people who feel they have been no-platformed by universities or student groups a legal avenue to seek financial compensation.
The legislation also established a “free speech tsar” at the OfS to oversee campus free speech issues. The inaugural holder of the post is University of Cambridge philosophy professor Arif Ahmed.
However, the proposals were unpopular with universities, with many experts—including university leaders and members of both the House of Commons and the House of Lords—claiming that the legislation was unnecessary. Other raised concerns that legal cases could prove so costly for universities that it might discourage them from inviting controversial speakers to campus in the first place.
Chaos avoided?
Diana Beech, a former adviser to three Conservative universities ministers and chief executive of the London Higher group of institutions, said the decision to review the act was “a sensible move…sending a clear signal to the sector that it has listened to concerns and is reacting appropriately”.
“The duties set to be inferred on the regulator by the Freedom of Speech Act risked making the OfS run before it could walk,” she added. “The decision to pause the act now gives the regulator the time it needs to improve its capability and capacity when it needs first and foremost to be looking out for the sector’s sustainability.”
The Russell Group said universities were “committed to protecting free speech on campus and already have robust measures in place to support freedom of expression”.
“The decision to stop implementation of the act is a sensible and proportionate step given universities and students’ unions were yet to see final guidance from the OfS on new free speech duties despite some requirements of the legislation being due to come into effect next week.”
Last week, a Research Professional News webinar heard from education lawyer Smita Jamdar, a partner at Shakespeare Martineau, who issued a warning on the changes that had been set to come in next week—including a new free speech complaints process.
“Something has to happen about that start date,” she said on 18 July. “Otherwise we’ll just have chaos for a few weeks, and that is not a great way to start a new system.”
Phillipson said that, to enable students to thrive in higher education, she welcomed OfS plans to “introduce strengthened protections for students facing harassment and sexual misconduct, including relating to the use of non-disclosure agreements in such cases by universities and colleges”.