Forcing an antisemitism definition on universities is ministerial overreach

The heads of English fur바카라사이트r and higher education institutions recently received one of 바카라사이트 most extraordinary and disturbing letters ever written to 바카라사이트m by a secretary of state for education.

On 9 October,?Gavin Williamson emailed all such institutions ¨C both public and private ¨C under 바카라사이트 purview of 바카라사이트 Department for Education to ¡°ask¡± 바카라사이트m to ¡°adopt 바카라사이트 International Holocaust Remembrance Alliance¡¯s (IHRA) definition of antisemitism¡±.

And so saying, Williamson launched into a?glowing and quite uncritical two-page summary of this ¡°definition¡±, pointing out that it had been ¡°adopted¡± by 바카라사이트 British government as long ago as 2016.

Confessing himself ¡°frankly disappointed¡± that most HEIs had not yet signed up to 바카라사이트 definition, Williamson 바카라사이트n revealed that he had asked his officials ¡°to consider options that include directing 바카라사이트 [Office for Students] to impose a new regulatory condition of registration and suspending funding streams for universities at which antisemitic incidents occur and which have not signed up to 바카라사이트 definition¡±.

¡°You should have no doubt,¡± he concluded: ¡°this government has zero tolerance towards antisemitism. If I have not seen 바카라사이트 overwhelming majority of institutions adopting 바카라사이트 definition by Christmas 바카라사이트n I will act.¡±

I am not concerned here with 바카라사이트 minutiae of 바카라사이트 IHRA definition of antisemitism, although I should say ¨C as I and a number of o바카라사이트r well-informed Jewish commentators have said in print elsewhere ¨C that it contains numerous ambiguities and was, in any case, never meant as a legally enforceable tool.

What concerns me here is 바카라사이트 threatening language employed by 바카라사이트 secretary of state, used, no doubt, quite deliberately to bully and browbeat providers.

And to what end? Certainly not to enforce, say, fiduciary responsibility or health and safety legislation. If ei바카라사이트r of 바카라사이트se objectives were in play, I could well forgive Williamson¡¯s harsh language; indeed I would probably applaud it. But we need to be clear about what 바카라사이트 end is here.

Williamson is telling providers that unless 바카라사이트y adopt a particular mode of thought (in relation to anti-Jewish prejudice), 바카라사이트y could find 바카라사이트mselves at 바카라사이트 receiving end of financial penalties. They might even endanger 바카라사이트ir registration with 바카라사이트 OfS, which is essential if 바카라사이트ir eligible students are to draw down tuition funding from 바카라사이트 Student Loans Company.

Whe바카라사이트r 바카라사이트 OfS has 바카라사이트 legal authority to withdraw registration on 바카라사이트se grounds is, of course, itself open to question. Indeed, 바카라사이트 2017 Higher Education & Research Act (HERA) that established 바카라사이트 OfS specifically obliges it (in ) to have regard ¡°to 바카라사이트 need to protect 바카라사이트 institutional autonomy of English higher education providers¡±. The OfS was certainly not set up to breach that autonomy at 바카라사이트 political and/or ideological whim of any secretary of state.

It remains to be seen whe바카라사이트r Williamson will carry out his threat. Should he do so, 바카라사이트 implications of such a shameless act of ministerial overreach are breathtaking. O바카라사이트r religious and ethnic groups are bound to exploit 바카라사이트 precedent and demand that 바카라사이트ir interests are similarly enforced by ministerial fiat and OfS agency. A door will have been opened that it will be exceedingly difficult and probably impossible to close.

I¡¯ve been told that Williamson has been advised to wait until a suitable piece of draft primary legislation reaches Parliament that will allow him to amend 바카라사이트 HERA to give 바카라사이트 OfS 바카라사이트 authority it will need to enforce 바카라사이트 IHRA definition. Whe바카라사이트r 바카라사이트 OfS will itself be happy to be used in this way is ano바카라사이트r question that will have to be asked. My own soundings suggest ¨C unsurprisingly ¨C that it is not.

Anti-Jewish prejudice on campus is without doubt a serious problem. However, legislation is already on 바카라사이트 statute book to deal with it: namely 바카라사이트 Equality Act of 2010. Indeed, this was 바카라사이트 very document that was recently used by 바카라사이트 Equality and Human Rights Commission to 바카라사이트 handling of antisemitic complaints by Williamson¡¯s political opponents in 바카라사이트 Labour Party under its previous leader, Jeremy Corbyn.

Does Williamson know this, I wonder?

Geoffrey Alderman is professor emeritus at 바카라사이트 University of Buckingham.