The Government has paused controversial new powers that would have allowed universities and student unions to be fined for failing to uphold freedom of speech.
Education Secretary Bridget Phillipson announced that this delay will allow time to reconsider whether the law, originally set to take effect next week, should be repealed. She said the legislation was not fit for purpose and risked imposing heavy burdens on institutions.
In her statement to Parliament, Ms. Phillipson emphasised that the regulator, the Office for Students (OfS), should place a stronger emphasis on the financial stability of universities. A review of the OfS, released on Friday, recommended that the Government and the regulator provide support and guidance to financially struggling universities.
Higher Education Freedom of Speech Act
The Higher Education Freedom of Speech Act, passed last year, mandated universities to “secure” and “promote the importance of” freedom of speech and academic expression.
The legislation required universities and student unions to take “reasonable steps” to promote free speech and would have empowered the OfS to impose fines or sanctions on higher education providers and student unions in England starting next week. The Act also included a new complaints scheme allowing students, staff, and visiting speakers to seek compensation for breaches of a university’s free-speech obligations.
A government source informed the BBC that the legislation could potentially permit Holocaust deniers on campuses, dubbing it an “anti-semite charter.” Concerns were raised that the law could obligate universities to protect Holocaust deniers from being ‘no-platformed’ on campuses, causing significant distress among students, according to the National Union of Students.
Despite the pause on these new powers, universities will still be legally required to uphold freedom of speech under existing legislation.
A Russell Group spokesperson said: “The decision to stop implementation of the act is a sensible and proportionate step given universities and students’ unions were yet to see final guidance from the OfS on new free speech duties despite some requirements of the legislation being due to come into effect next week.”
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