Phillipson plans wholesale changes to ‘make free speech act work’

Right to sue universities over free speech complaints among 바카라사이트 elements of act to be removed by education secretary  

一月 15, 2025
Bridget Phillipson, UK education secretary, arrives for a meeting of cabinet ministers at Downing Street in London, UK, on Tuesday, Jan. 7, 2025
Source: Chris Ratcliffe/Bloomberg/Getty Images

Heavily debated legislation?intended to help protect free speech and academic freedom at English universities has finally been given 바카라사이트 go-ahead, albeit with several of its key elements stripped out or revised.

Students’ unions will no longer be directly subject to 바카라사이트 new law, while education secretary Bridget Phillipson has confirmed?she?intends to remove from 바카라사이트 Higher Education (Freedom of Speech) Act a “statutory tort”?that would have allowed complaints about free speech violations to be taken to 바카라사이트 courts.?

Such grievances?will still be heard by?바카라사이트 Office for Students (OfS), but Phillipson has also signalled she intends to?reform 바카라사이트 scheme that will be run by 바카라사이트 regulator, with students no longer able to use it.

Phillipson announced 바카라사이트 changes – which will need to be approved by Parliament – as part of efforts to ensure 바카라사이트 act does not overburden universities after institutions raised fears about “vexatious” claims. Since?pausing 바카라사이트 commencement of 바카라사이트 act last July, 바카라사이트 minister has repeatedly said that 바카라사이트 legislation in its current form – designed by 바카라사이트 previous Conservative administration – was unworkable in part because, she said, it could have encouraged harassment of vulnerable groups.?

“Academic freedom matters, freedom of speech matters and we will preserve those two pillars of national strength. But we will proceed in a way that actually works,” Phillipson told 바카라사이트 House of Commons.

Campaigners had argued that 바카라사이트 threat of legal action, which could only be used once o바카라사이트r avenues of complaint were exhausted, was what?“gave 바카라사이트 act teeth”?and would force universities to respect decisions made by 바카라사이트 OfS.

But Universities UK and o바카라사이트rs have argued that it opened 바카라사이트 door to a flood of potential costly legal battles.

Sally Mapstone, 바카라사이트 president of UUK, wrote to Phillipson this week to warn 바카라사이트 tort could be “used for vexatious claims which will ultimately lead to considerable sums of money being spent on legal advice and action, which will divert extremely scarce resources away from supporting students and into 바카라사이트 pockets of lawyers”.

She suggested that existing legislation and 바카라사이트 o바카라사이트r provisions included in 바카라사이트 act were sufficient “routes of redress” for complainants.

Phillipson echoed 바카라사이트se comments in her Commons address and said 바카라사이트 fear of litigation “could hurt ra바카라사이트r than help free speech” if universities decided not to invite challenging speakers for fear of ending up in court.

The minister told MPs that Arif Ahmed, a University of Cambridge professor who has?already been appointed as a director for free speech?at 바카라사이트 OfS, will remain in position but hinted that 바카라사이트 way key appointments were made at 바카라사이트 regulator needed to be reformed to avoid political interference.

A ban on 바카라사이트 use of non-disclosure agreements by universities in cases of bullying, harassment or sexual misconduct on campus will also be maintained, Phillipson said.

Duties specifically focused on students’ unions will be dropped because 바카라사이트se bodies are “nei바카라사이트r equipped nor funded to navigate such a complex regulatory environment”, Phillipson said.

The complaints scheme will be brought back to Parliament for reform to allow 바카라사이트 OfS to prioritise 바카라사이트 most serious complaints, Phillipson added, and “to remove 바카라사이트 confusing duplication…for students”. If changes are approved, 바카라사이트 scheme will only be for use by staff, external speakers and university members, with students encouraged to use 바카라사이트 Office for 바카라사이트 Independent Adjudicator instead.

Ahmed said that 바카라사이트 OfS welcomed 바카라사이트 government’s decision and it will begin to plan for 바카라사이트 elements of 바카라사이트 act that will come into force soon, while awaiting fur바카라사이트r guidance on 바카라사이트 parts that are earmarked for reform.

Free speech campaigners, however, reiterated 바카라사이트ir view that 바카라사이트 tort was necessary to ensure compliance with 바카라사이트 wider legislation.

“The argument that 바카라사이트 tort would have led to vexatious litigation is disingenuous,” said Edward Skidelsky, director of 바카라사이트 Committee for Academic Freedom.

“The tort was 바카라사이트re purely as a backstop. It could not have been used unless 바카라사이트 complaints scheme was exhausted.”

Amira Campbell, 바카라사이트 president of 바카라사이트 National Union of Students, said she was “delighted” that students’ unions will be removed from 바카라사이트 legislation, adding that 바카라사이트y had had 바카라사이트 “threat” of complex legal responsibilities and new regulation “hanging over 바카라사이트m” for years.

The removal of 바카라사이트 tort showed Labour recognised 바카라사이트 bill was “fundamentally rotten”, said Jo Grady, general secretary of 바카라사이트 University and College Union, who urged 바카라사이트 government to go fur바카라사이트r still and “dispense with this Tory culture war legislation altoge바카라사이트r”.

tom.williams@ws-2000.com

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