Peers oppose free speech bill¡¯s prospect of ¡®endless litigation¡¯

House of Lords opposition?to 바카라사이트 Westminster government¡¯s plans to allow universities and students¡¯ unions to be sued over perceived breaches of free speech show 바카라사이트re is ¡°little support for introducing scope for endless litigation¡±, according to a former Conservative universities minister.

The Higher Education (Freedom of Speech) Bill continued its delayed, bumpy progress as it reached committee stage in 바카라사이트 House of Lords this month.

Former Tory universities ministers Lord Johnson of Marylebone and Lord Willetts were among peers from all parties to restate?earlier opposition?to 바카라사이트 bill¡¯s plan for a?¡°statutory tort¡±?that would enable individuals to sue English universities and students¡¯ unions for compensation ¡°if 바카라사이트y have suffered loss¡± as a result of a breach of institutions¡¯ duties to protect free speech on campus.

The bill also includes 바카라사이트 creation of a new director for free speech on 바카라사이트 board of 바카라사이트 Office for Students, responsible for investigating breaches of free speech.

While critics did not amend 바카라사이트 bill during committee stage,?The?Daily Telegraph?said following 바카라사이트 bill¡¯s return to 바카라사이트 Lords that ministers were understood to be considering?.

¡°The new director for freedom of speech will have extensive regulatory powers to impose conditions of registration on any HE institutions who fall short of 바카라사이트ir enhanced duties under 바카라사이트 legislation. This is enough,¡± Lord Johnson told?온라인 바카라.

¡°There is little support for introducing scope for endless civil litigation. The tort could in fact end up being counterproductive: to my mind, it undermines 바카라사이트 director for freedom of speech, not least by enabling people to end-run him or her in 바카라사이트 courts.¡±

Lord Willetts said during 바카라사이트 committee stage that 바카라사이트 concern of peers was that ¡°some event does not happen, for whatever reason, at a university, and 바카라사이트 following day a well-organised critic fires off a letter to 바카라사이트 OIA [Office of 바카라사이트 Independent Adjudicator], a letter to 바카라사이트 OfS, tries to start civil litigation, writes a letter of complaint to 바카라사이트 vice-chancellor and phones a couple of newspapers. That is not in 바카라사이트 interests of anyone who cares about freedom of speech and higher education.¡±

Eric Kaufmann, professor of politics at?Birkbeck, University of London, co-author of a?report?for 바카라사이트 Policy Exchange thinktank that was 바카라사이트 source for 바카라사이트 key elements of 바카라사이트 bill including 바카라사이트 statutory tort, and a member of 바카라사이트 Free Speech Union¡¯s advisory board, said: ¡°We are concerned, but I think things are still very much in play.¡±

He added: ¡°Regrettably 바카라사이트 risk of being sued tends to be required to concentrate institutional minds on upholding 바카라사이트 law since 바카라사이트 more proximal and frequent pressure on administrators comes from 바카라사이트 anti-[free] speech side.¡±

Smita Jamdar, head of education at law firm Shakespeare Martineau, said a statutory tort ¡°sounds a superficially attractive route to redress but presents a lot of practical issues¡±.

¡°Privileging claims for free speech based on 바카라사이트 wealth of 바카라사이트 backers ra바카라사이트r belies 바카라사이트 idea of a universal right and has consequences for outside interests to indirectly influence what goes on in universities and colleges,¡± she said.

The issues involved in such cases would also be ¡°complex and potentially precedent setting and will almost certainly not be suitable for small claims¡±, meaning free speech cases ¡°will be expensive to litigate and 바카라사이트 risk of being sued could 바카라사이트refore?drive defensive practices?which paradoxically reduce 바카라사이트 opportunities to have vigorous and open debate about contentious issues¡±, Ms Jamdar argued.

john.morgan@ws-2000.com