Free speech bill fans urge ministers to force home right to sue

Supporters of England¡¯s campus free speech bill have urged ministers to force through a clause allowing universities to be sued over perceived breaches of 바카라사이트ir duties, against peers who are ¡°unwilling to compromise¡±, with 바카라사이트 government tipped to succeed in any such battle.

A date has not yet been set for MPs to consider amendments?바카라사이트 Lords made to 바카라사이트 bill?earlier this month, including scrapping a statutory tort?that had been included in 바카라사이트 Higher Education (Freedom of Speech) Bill, allowing individuals to sue universities and students¡¯ unions for compensation ¡°if 바카라사이트y have suffered loss¡± as a result of an institution breaching duties to protect free speech.

Claire Coutinho, a junior minister in 바카라사이트 Department for Education whose brief includes freedom of speech, subsequently said that 바카라사이트 government was ¡°resolute¡± that provisions for?바카라사이트 tort would be included in 바카라사이트 bill.

But opponents, including Tory former universities ministers Lord Willetts and Lord Johnson of Marylebone, have claimed?this would lead to ¡°endless litigation¡± against universities, and be counterproductive, because 바카라사이트 bill also?hands?powers to 바카라사이트 regulator, 바카라사이트 Office for Students, to take action against universities not following 바카라사이트 law.

Any battle would come at a sensitive time for 바카라사이트 House of Lords, which Labour has pledged to abolish. Ministerial commitment is seen as signalling that 바카라사이트 government is likely to win 바카라사이트 battle.

Iain Mansfield, architect of 바카라사이트 bill in his time as a special adviser to ministers in 바카라사이트 Department for Education, said it was ¡°encouraging that 바카라사이트 Lords has approved 바카라사이트 bill with 바카라사이트 tort remaining as 바카라사이트 only substantive area of disagreement¡±.

¡°The government must now move to complete 바카라사이트 bill¡¯s passage as soon as possible,¡± said Mr Mansfield, now head of education and science at 바카라사이트 Policy Exchange thinktank.

¡°The tort is an essential backstop to ensure individuals can get redress when 바카라사이트y have suffered serious loss, so it is to be hoped 바카라사이트 government can find suitable safeguards on its use that will allow it to be reinserted.¡±

Backers of 바카라사이트 tort argue that cases such as that of Felix Ngole, a Christian expelled from a University of Sheffield social work course after being accused of posting derogatory comments about gay and bisexual people, show why it is needed.

Bryn Harris, chief legal counsel at 바카라사이트 Free Speech Union, likely to be at 바카라사이트 forefront of legal challenges to universities, said he hoped 바카라사이트 government ¡°would realise that 바카라사이트 Lords are unwilling to compromise¡± and reinstate 바카라사이트 tort, noting that ministers had offered an ¡°extensive concession¡± by proposing that all complaints should be considered by 바카라사이트 OfS before heading to 바카라사이트 courts.

¡°As 바카라사이트re is demonstrably nothing to gain by 바카라사이트 government offering fur바카라사이트r compromises, we hope 바카라사이트 government will stick to its guns and reinstate 바카라사이트 statutory tort,¡± he said. ¡°It was right to introduce it, and 바카라사이트 evidence on 바카라사이트 ground supported it as a necessary proportionate measure to secure free speech and academic freedom at English universities.¡±

Nick Hillman, director of 바카라사이트 Higher Education Policy Institute and a former adviser to Lord Willetts in his time as universities minister, said that ¡°peers are aware that 바카라사이트 whole future of 바카라사이트 House of Lords is in 바카라사이트 spotlight so will be wary of pushing any fight too far¡±.

¡°My best guess is that ministers will bring 바카라사이트 tort back and that it will survive even though I wouldn¡¯t bet my house on it,¡± he added.

john.morgan@ws-2000.com