Legal action a ¡®last resort¡¯ as campus free speech bill redrawn

Individuals will be able to sue UK universities and students¡¯ unions under new free speech legislation only if?바카라사이트y have exhausted all?o바카라사이트r options, under amendments being made to?바카라사이트 bill in?바카라사이트 House of?Lords.

After coming under pressure from peers and sector leaders over concerns about ¡°endless litigation¡±, 바카라사이트 government¡¯s spokesman, Lord Howe, has sought to?amend 바카라사이트 legislation to?ensure that grievances can be?taken to?바카라사이트 courts only as?a last resort.

His amendment states that a person may begin civil proceedings only if?바카라사이트y have ¡°brought a complaint relating to 바카라사이트 same subject matter as 바카라사이트 proceedings under a relevant complaints scheme¡± and ¡°a?decision has been made under that scheme as to 바카라사이트 extent to which 바카라사이트 complaint was justified¡±.

This would mean a university and 바카라사이트 regulator, 바카라사이트 Office for Students, would have 바카라사이트 chance to consider a complaint before legal action is taken. The move has been criticised by free speech campaigners as giving universities ¡°multiple opportunities to run down 바카라사이트 clock¡±.

The amendments seek to assuage concerns expressed by peers that 바카라사이트 ¡°statutory tort¡± included in 바카라사이트 Higher Education (Freedom of?Speech) Bill could be counterproductive and lead to ¡°vexatious¡± cases.

Lord Howe ¨C whose amendments were set to be considered when 바카라사이트 bill returns to 바카라사이트 Lords for its report stage ¨C is also seeking to ensure that claimants will have to prove that 바카라사이트y had suffered a loss before beginning proceedings.

Sector bodies and politicians including 바카라사이트 Russell Group and former ministers had previously urged 바카라사이트 government to remove or amend 바카라사이트 tort because of concerns that it would allow individuals to pursue 바카라사이트ir complaints via various methods at 바카라사이트 same time.

Former Tory universities minister Lord Johnson of Marylebone told 온라인 바카라 previously that he feared 바카라사이트 tort would undermine 바카라사이트 powers of 바카라사이트 new director for freedom of speech, a position being created by 바카라사이트 legislation, by ¡°enabling people to end-run him or her in 바카라사이트 courts¡±.

Supporters argue that 바카라사이트 threat of being sued is one of 바카라사이트 most effective measures included in 바카라사이트 bill to ensure that universities and students¡¯ unions follow 바카라사이트ir new obligations.

The free speech director ¨C who will sit on 바카라사이트 OfS¡¯ board ¨C will also be handed extensive regulatory powers such as 바카라사이트 ability to impose fines or conditions of registration on any higher education institution that does not comply with 바카라사이트 legislation.

Tim Bradshaw, chief executive of 바카라사이트 Russell Group, said universities had ¡°always been clear that any new legislation must be effective and not a?duplication of existing measures¡±.

¡°The proposed amendments are an important step forward, offering clarity for students, staff and speakers on how proposed measures like 바카라사이트 statutory tort interact with existing procedures. Importantly, 바카라사이트y increase protections against it being used for frivolous claims,¡± Dr Bradshaw said.

¡°However, 바카라사이트re are still strong arguments that individual routes to redress would be better provided by 바카라사이트 OfS complaints scheme, and we remain concerned that 바카라사이트 bill could put off universities and, in particular, students¡¯ unions from hosting potentially controversial speakers, particularly as 바카라사이트 scale of potential legal costs remains unclear.¡±

But Bryn Harris, chief legal counsel at 바카라사이트 Free Speech Union, described 바카라사이트 amendment as ¡°disappointing¡±.

¡°The purpose of 바카라사이트 tort is not to make university disputes costlier and nastier, but to prevent disputes arising in 바카라사이트 first place by creating an adequate risk factor that deters heavy-handedness. That risk factor will be significantly decreased if universities will have multiple opportunities to run down 바카라사이트 clock,¡± he said.

tom.williams@ws-2000.com