Labour warns against cronyism in academic freedom appointment

England’s new director for freedom of speech and academic freedom must be impartial, the shadow higher education minister has said, despite failing in a bid to block party political donors from being appointed to the position.

Applications have opened for the £99,164-a-year-position who will sit on the Office for Students’ board, despite the legislation that mandates its creation still making its way through the House of Commons.

A job description for the full-time post states that the director will oversee the “promotion of the importance of freedom of speech and academic freedom in higher education” as well as “the implementation and operation of a new complaints scheme for individuals”.

Applicants will have to prove they possess “strategic and influential leadership skills”, a “demonstrated commitment to consistently and publicly upholding the values of freedom of speech and academic freedom” and the “ability to manage and bring about sector-wide change”.

Matt Western, Labour MP for Warwick and Leamington, said the “Orwellian” post will be handed “sweeping powers” by the government if the Higher Education (Freedom of Speech) bill passes, including the ability to fine institutions if they are found to be in breach of the law.

“They alone will be responsible for ensuring universities and students’ unions are upholding their freedom of speech duties, acting as judge, jury and executioner in free speech complaints,” he told a House of Commons debate on the legislation.

Mr Western said that the government had a track record of appointing Conservative Party supporters to these types of positions, citing the appointment of Lord Wharton – who ran prime minister Boris Johnson’s leadership campaign – as chair of the OfS, despite lacking prior experience in higher education.

The shadow minister attempted to amend the legislation so that anyone who had donated to a political party in the past three years would be exempt from the position, and Parliament would get the final say on whoever was appointed, but it was rejected.

“We need more process, we need more transparency, we need an honest approach to this if we are to clean up our politics,” he said before the vote.

He also pointed out that the job description for the position posted online did not list having legal expertise as one of the competencies for the post.

Mr Western said he viewed this as a necessity “given the sensitivity, the importance and how delicate some of these cases will become”.

He was speaking as the bill returned to the Commons after a 300-day wait since it was last debated at the committee stage.

Introducing the debate, higher education minister Michelle Donelan said legislation was needed due to students having to “self-censor” on campus, academics being “bullied” over their views and legitimate speakers and guests being “no platformed” and “verbally or physically abused” on campuses.

She said it would require providers “not only to protect but promote” freedom of speech and academic freedom and place these duties directly on students’ unions as well. The new director on the OfS board will provide “effective enforcement mechanisms” to ensure the legislation is not “toothless”, she said.

Speaking about Labour’s amendment that sought to prevent party donors from taking on the role of director, Ms Donelan said the country has a “robust” public appointments process which does not bar people who are members of political parties. It would not be “consistent” to appoint the director position in a different way to other OfS board members, she added. 

The government’s own amendment that would ensure overseas funding of English higher education providers would be monitored by the sector regulator passed and was added to the bill.

tom.williams@timeshighereducation.com