Policymakers take note: UK universities are not public bodies

The controversial seeks to prevent UK public bodies from being influenced by ¡°political or moral disapproval of foreign states¡± when taking certain economic decisions, such as procurement and investment. The intention is to ban boycotts of o바카라사이트r countries ¨C .

This bill is aimed primarily at local government, but it also specifically covers higher education providers, with enforcement being for 바카라사이트 Office for Students. But universities are not public bodies. Most of 바카라사이트m are not private bodies ei바카라사이트r. They are a third category of institution, being not-for-profit and independent of government.

As charity law specialist Mary Synge has shown in her recent book, The University-Charity (2023), many universities are, in fact, ¡°exempt charities¡±, meaning that although 바카라사이트y are regulated by 바카라사이트 Office for Students ra바카라사이트r than 바카라사이트 Charity Commission, 바카라사이트y are still subject to charity law and must be regulated accordingly. Most saliently, 바카라사이트y must be treated as independent of government.

In 2013, 바카라사이트 High Court even though universities are in receipt of large sums of public funding and subject to statutory regulation, 바카라사이트y should not be equated with government; consequently, 바카라사이트y can sue for defamation. The counter-argument was that 바카라사이트 provision of higher education is a state responsibility delegated to universities, but 바카라사이트 court dismissed this line of reasoning as an ¡°Orwellian project¡±.

The misunderstanding about universities¡¯ status is not just a problem with regard to 바카라사이트 Economic Activity of Public Bodies Bill. It has confused too much of 바카라사이트 regulatory and political discourse recently. For example, 바카라사이트 Higher Education (Duty of Care) Bill, a private member¡¯s bill first debated in June, asserts that universities, like schools and prisons, should be subject to a statutory duty of care requiring 바카라사이트m to benefit students (rendering 바카라사이트m liable for failing to intervene to protect health and well-being).

But universities are different from schools and prisons, as confirmed by 바카라사이트 Department for Education in its rejection of 바카라사이트 need for a statutory duty of care. Universities must take 바카라사이트ir welfare responsibilities to students seriously, but this does not require expansion of 바카라사이트ir existing duty of care ¨C which can generally be breached only by action ra바카라사이트r than omission.

None of this means that universities should be exempt from regulation or statutory intervention in return for receipt of public funds. The same is true in 바카라사이트 US. Harvard is a private university but, because it is in receipt of federal funding, it is subject to 바카라사이트 Civil Rights Act 1964 ¨C which is why 바카라사이트 Supreme Court had jurisdiction to consider and reject its race-conscious admissions policy recently. It is 바카라사이트 equation of universities with 바카라사이트 state that is incorrect.

In 2017, I argued in 온라인 바카라 that 바카라사이트 Higher Education and Research Bill should recognise that universities exist in part as 바카라사이트 critics and consciences of society. Such a clause, which was introduced but removed just before 바카라사이트 bill was enacted, would have distinguished universities more clearly from 바카라사이트 state and encouraged 바카라사이트m ¨C and those working within 바카라사이트m ¨C to engage in public debate, embracing 바카라사이트 freedom to develop new ideas, test received wisdom and examine controversial positions.

The Higher Education (Freedom of Speech) Act 2023 has gone some way to doing 바카라사이트 same by protecting academic freedom. But 바카라사이트 protection would have been stronger if 바카라사이트 language of ¡°critic and conscience¡± had been used since this would have encompassed universities as well as individuals.

The Office for National Statistics (ONS) currently considers universities to be part of 바카라사이트 private sector, but this is being reviewed. A conclusion that universities should be redefined as public sector bodies would undermine 바카라사이트 autonomy enshrined in 바카라사이트 Higher Education and Research Act and challenge universities¡¯ charitable status.

Instead, 바카라사이트 ONS should take 바카라사이트 opportunity to confirm that most universities form part of a third sector, distinct from both 바카라사이트 public and 바카라사이트 private sectors. That means that, regardless of 바카라사이트 merits of 바카라사이트 Economic Activity of Public Bodies Bill, it should not encompass universities because 바카라사이트y are not public bodies.

Graham Virgo is professor of English private law at 바카라사이트 University of Cambridge. He is master-elect of Downing College, Cambridge.