Following an increasing number of cases of individuals
being silenced, the Education Secretary has warned of a
‘chilling effect’ where students and staff feel they
cannot express themselves freely.
The proposed
measures deliver on a manifesto commitment, and
include a new free speech condition placed on higher
education providers in order to be registered in
England and access public funding. The regulator, the
Office for Students, would have the power to impose
sanctions, including financial penalties, for breaches
of the condition.
The strengthened legal duties would also extend to
Students Unions, which for the first time would have to
take steps to ensure that lawful free speech is secured
for their members and others, including visiting
speakers.
In addition, a new legal measure would enable
individuals to seek compensation through the courts if
they suffer loss as a result of breach of the free
speech duties – such as being expelled, dismissed or
demoted.
Education Secretary
said:
Free speech underpins our democratic society and our
universities have a long and proud history of being
places where students and academics can express
themselves freely, challenge views and cultivate an
open mind.
But I am deeply worried about the chilling effect on
campuses of unacceptable silencing and censoring.
That is why we must strengthen free speech in higher
education, by bolstering the existing legal duties
and ensuring strong, robust action is taken if these
are breached.
Under the plans, the Education Secretary would also
appoint a new Free Speech and Academic Freedom Champion
to investigate potential infringements, such as
no-platforming speakers or dismissal of academics, and
higher education providers would be legally required to
actively promote free speech.
The new Champion would be appointed to the board of the
Office for Students and would be able to investigate
potential infringements of the new registration
condition on freedom of speech and academic freedom in
higher education. The registration condition would work
alongside strengthened legal duties on free speech and
academic freedom and the Champion would also be able to
recommend that the Office for Students imposes fines.
The policy paper
also includes Government expectations that go beyond
the minimum legal duties, setting out what universities
should aspire to.
The Government will continue to work alongside the
sector on guidance and further research, and the next
steps for legislation will be set out in due course.
Tom Simpson, Associate Fellow at Policy Exchange, and
an Associate Professor of Philosophy and Public Policy,
at the Blavatnik School of Government, University of
Oxford, said:
This policy paper by the Department of Education is a
very welcome step towards ensuring that viewpoint
diversity is protected in British universities.
As Cambridge University’s recent Senate House vote
shows, there is a substantial majority of academics
who favour academic freedom. The problem, as Policy
Exchange’s research has explored, is that a very
online culture allows the views of a minority to
exert disproportionate influence on administrators,
and to exert a chilling effect on other academics.
Promoting a norm of political non-discrimination, and
incentivising administrators to do what they are
already legally obliged to do, is a crucial step
towards ensuring a culture of free discourse in our
universities.
