The following Statement was made in the House of Commons on Wednesday 15 January.
“With permission, I shall make a statement on the Higher Education (Freedom of Speech) Act 2023.
In July 2024 I paused further commencement of the Act in response to concerns raised by a cross-section of voices. I took that decision because it is vital that we get this right. Our universities are one of this country’s greatest strengths, and I know Members across the House share my pride in a truly world-leading sector. At the centre of that excellence sit academic freedom and freedom of speech. The ability of our academics to explore and express new ideas through teaching and research is precious and we must protect it.
These fundamental freedoms are more important—much more important—than the wishes of some students not to be offended. University is a place for ideas to be exposed and debated, to be tried and tested. For young people, it is a space for horizons to be broadened, perspectives to be challenged and ideas to be examined. It is not a place for students to shut down any view with which they disagree.
Here is our starting point: academic freedom matters and freedom of speech matters, and we will preserve those two pillars of national strength, but we will proceed in a way that actually works. That is why we have carried out extensive engagement covering all corners of the debate: academics, universities, students; those for the Act and those against. All voices were heard.
I was especially keen to consider the views of minority groups, to learn how the Act might affect them, particularly given the shocking rise in anti-Semitism on campus. Standing here in this great Chamber of debate, I remain resolute about the importance of free speech, but our engagement on the Act has raised concerns that any responsible Government must take seriously. What was being proposed simply did not rise to the challenge: unworkable duties on student unions, a tort clogging up the court system, and the Office for Students obliged to consider a vast number of complex complaints.
There are also serious concerns over the Act’s potential impact on the welfare of minority groups. Many are worried that it could lead to increased harassment and discrimination on campus, and that the Act could push providers to overlook their safety. I share their concerns.
I reiterate that I am appalled by the rise in anti-Semitism on campus. In my view, rising anti-Semitism is best tackled through education, which is why I have confirmed £7 million in funding to tackle anti-Semitism in schools, colleges and universities.
I have reached a way forward that I believe is effective and proportionate, delivering an Act that is fair and workable. My decisions, subject to agreement from Parliament, will ensure that our higher education sector and the Office for Students continue to protect academic freedom and freedom of speech while ensuring the safety of minority groups.
I propose implementing key elements of the Act and returning others to Parliament for decisions on their amendment or repeal. I propose shortly commencing the following requirements currently in the Act: the duties on higher education providers to take reasonably practicable steps to secure and promote freedom of speech within the law; the duty on higher education providers to put in place a code of conduct on freedom of speech; and the ban on non-disclosure agreements for staff and students at higher education providers in cases of bullying, harassment and sexual misconduct. I also plan to commence the duties on the OfS to promote freedom of speech and the power to give advice and share best practice.
I will retain the director for free speech and academic freedom role, and I am pleased that Dr Ahmed will be staying on. I have complete confidence in Dr Ahmed. However, in my view, it is not right for this position to be a political appointee. The director should, of course, hold a deep belief in free speech and academic freedom, but their independence matters, and therefore their appointment must be free from any suspicion of political bias. Sir David Behan’s review of the OfS, commenced under the previous Government, recommended that we reconsider how all OfS executive and board appointments should be made. I will decide on that shortly.
While there is much in the Act that is valuable, there are provisions that I do not believe to be proportionate or necessary, and which will drain resources from providers and distract from the other important issues they face. It is therefore my intention to return to Parliament to seek the repeal of two provisions.
The first is the duties on student unions in the Act. Student unions are neither equipped nor funded to navigate such a complex regulatory environment, and they are already regulated by the Charity Commission. However, I fully expect student unions to protect lawful free speech, whether they agree with the views expressed or not. I also expect HE providers to work closely with them to ensure that that happens and to act decisively to ensure that their student unions comply with their free speech code of conduct.
The second provision I will seek to repeal is the tort. I have heard the views in favour of the tort, and understand the arguments being made. However, it would create costly litigation that would risk diverting resources away from students at a time when university finances are already strained. Members can be assured that the remaining routes of redress have plenty of teeth—the Office for Students will have powers to take tough regulatory action where universities and colleges do not meet their duties. Ultimately, an Act needs to be workable for its teeth to bite. How would Conservative Members rather our universities spend their time and resources: by lawyering up, or by focusing on high-quality teaching and ground-breaking research? In fact, the fear of litigation could hurt rather than help free speech, as universities may decide against inviting challenging speakers to avoid ending up in court, and nobody wants that.
I have a message for vice-chancellors who fail to take this seriously: protect free speech on your campuses or face the consequences. For too long, too many universities have been too relaxed about these issues, and too few took them seriously enough—and that must change.
There are other elements of the Act that I am planning to retain but, with parliamentary agreement, to amend. I propose keeping a complaints scheme in place with the OfS. It is an important route of redress for anyone whose academic freedom or free speech has not been protected, and there must be a route for righting wrongs. However, it must be proportionate: the OfS should have the power to consider complaints, rather than a duty to assess every single complaint it receives, including those that are poorly put together or nonsensical. This way, the OfS will be freed up to prioritise the most serious complaints. I also want to remove the confusing duplication of complaints schemes for students. The Office of the Independent Adjudicator can already consider student complaints on free speech, and will continue to do so. The OfS complaints scheme will focus on complaints from staff, external speakers and university members.
I will also amend the OfS’s mandatory condition of registration to give it flexibility in how it applies this condition to different types of providers. The OfS should have room to determine the best way to regulate on a case-by-case basis. That is the only way to deliver a sensible system that actually works.
Finally, I will take more time to consider implementation of the overseas funding measures. I remain fully committed to tackling cases of interference by overseas Governments, and the wider measures in the Act will further strengthen our protections. However, I want to ensure that any new reporting requirements for providers add value without being overly burdensome. We continue to work at pace with the sector on the wider implementation of the foreign influence registration scheme. My officials are working across government and with the sector to review our response, and I will confirm my final decision in due course.