The Westminster government is set to revive highly anticipated university free speech legislation, according to reports.
The Higher Education Freedom of Speech Act, which was 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 shelf the act in July due to 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 the act may be “watered down”, after one government source told the Telegraph that the Conservative government 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 a delivering the change that matters.”
The act, which was originally due to be introduced last August, was set to make universities and students unions face fines if free speech standards were deemed to not be upheld, 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 deemed free speech provision was inadequate.
But sources said that the government was expected to scrap the compensation mechanism, known as the “statutory tort”, after universities have argued it would place additional burdens on the sector at a time of 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 groups 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 against the decision to pause the act, being brought by the Free Speech Union. A hearing in this case was due to take place on 23 January.
Concerns over university free speech have cascaded over the past year, after Jo Phoenix, a former academic at the Open University, won a tribunal where she claimed she was forced to quit due to 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.
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