The Westminster government is set to revive highly anticipated university free speech legislation, according to reports.
The Higher Education Freedom of Speech Act, which passed through Parliament under the Conservative government, was put on hold after Labour came into power last year, to the dismay of campaigners.
Labour decided to shelve the act in July because of concerns over the impact on hard-up universities, with education secretary Bridget Phillipson stating that the decision would “unburden” universities from the controversial legislation.
But The Daily Telegraph and BBC have reported that the legislation is expected to be reintroduced later this month. It is anticipated that the act may be “watered down”, after one government source told the Telegraph that the Tories had left an “unworkable dog’s dinner”.
“Academic freedom matters more than students not being offended,” the source said. “That’s why we are taking forward the legislation – but crucially we are making sure it works.
“While the Conservatives chased headlines and prosecuted culture wars, this government is getting on delivering the change that matters.”
Under the act, which was originally due to be introduced last August, universities and students’ unions were set to face fines if free speech standards were deemed inadequate, and would have required the Office for Students to intervene much more on the issue.
It also included the introduction of a complaints and compensation scheme for students, staff and visiting speakers who found free speech provision unsatisfactory.
But sources said the government was expected to scrap the compensation mechanism, known as the “statutory tort”, after universities argued that it would place additional burdens on the sector during a financial crisis.
Campaign groups have been lobbying the government to introduce the act since its decision to pause it, with a coalition of free speech advocates writing to Phillipson last week warning that progress on free speech was regressing following the announcement, and that work at some universities to foster on campus-debate had been “put on hold”.
The letter said that UCL, for example, had been in the process of developing an updated code of practice for free speech to make it compliant with the legislation, which was then put on hold following Phillipson’s announcement.
The latest reports come ahead of a judicial review on the decision to pause the act, brought by the Free Speech Union. A hearing in this case was due to be held on 23 January.
Concerns over university free speech have increased over the past year, after Jo Phoenix, a former academic at the Open University, won a tribunal in which she claimed she was forced to quit because of a “hostile environment” created by colleagues who opposed her gender-critical views.
Concerns have also been raised over the handling of debates surrounding the Israel-Palestine conflict, with supporters of the legislation arguing that universities need guidance on how to handle controversial issues on campus.
