Queen's Speech 2021 - Higher Education (Freedom of Speech) Bill

Higher Education (Freedom of Speech) Bill

“My Government will strengthen and renew democracy and the constitution. Legislation will be introduced to...protect freedom of speech...”

The purpose of the Bill is to:

● Fulfil the manifesto commitment to strengthen academic freedom and free speech in universities in England.

The main benefits of the Bill would be:

• ● Strengthening legislation on freedom of speech and academic freedom in higher education in England, with duties on higher education providers and students’ unions.

• ● Ensuring that universities in England are places where freedom of speech can thrive for all staff, students and visiting speakers, contributing to a culture of open and robust intellectual debate.

• ● Ensuring that academic staff feel safe to question and test received wisdom and put forward new ideas and controversial or unpopular opinions, without being at risk of losing their jobs, privileges or promotion.

• ● Creating ways for staff, students and visiting speakers to get redress if they suffer a loss as a result of the duties being breached.

  The main elements of the Bill are:

• ● Including new freedom of speech and academic duties on higher education providers and students’ unions. The regulator, the Office for Students, will have the power to impose fines for breaches.

• ● Ensuring that, for the first time, students’ unions at universities will have to take steps to secure lawful freedom of speech for their members and others, including visiting speakers.

• ● Creating a new role of Director for Freedom of Speech and Academic Freedom at the Office for Students, with a remit to champion freedom of speech and academic freedom on campus, and responsibility for investigations of infringements of freedom of speech duties in higher education which may result in sanctions and individual redress.

• ● Enabling individuals to seek compensation through the courts if they suffer loss as a result of breach of the freedom of speech duties.

Territorial extent and application

● The Bill will extend to Great Britain only. Most provisions will apply to England only and relate to matters devolved in Scotland, Wales and Northern Ireland.

Key facts

• ● There is growing concern about a ‘chilling effect’ on university campuses which means that not all students and staff feel able to express themselves without fear of repercussions.

• ● A number of studies, surveys and reports highlight instances where freedom of speech and academic freedom are being curtailed in the higher education sector. The most notable are studies by Kings College London, Policy Exchange and the Joint Committee on Human Rights.

• ● Policy Exchange polling shows that a significant number of current and retired academics choose to self-censor. The survey shows that 32 per cent of those who identify as ‘fairly right’ or ‘right’ have refrained from airing views in teaching and research, with 15 per cent of those identifying as ‘centre’ or ‘left’ also self- censoring.

• ● There are a small number of high profile reported incidents, both international and domestic, where staff or students have been threatened with negative consequences, including loss of privileges or dismissal, confirming that the fear of repercussions is not always unfounded. Some of these reports relate to those who do not currently have routes of redress, for example visiting speakers.