New university free speech laws on hold
01 August 2024
A Government decision to put the brakes on free speech powers for the regulator has implications for the legal obligations placed on universities, but doesn’t diminish Reading’s own robust support for freedom of expression on campus.
Education Secretary Bridget Phillipson MP announced last week (26 July) that commencement of the Higher Education (Freedom of Speech) Act 2023 was to be stopped, pending a review and possible repeal.
The legislation was passed under the previous Government and would have given the Office for Students (OfS) specific powers of intervention on issues of free speech and academic freedom at universities and students’ unions, among other measures.
The main provisions of the Act were set to come into force on 1 August, but this announcement pauses that rollout. Ms Phillipson has indicated that she wants to refocus the work of the OfS on the sector’s financial sustainability and the quality of student outcomes.
What does this mean for Reading?
We have long upheld the right of our students, staff and invited guests to speak freely within the law, even if it is controversial, while ensuring the safety of all. We want to foster an academic environment which nurtures new ideas and encourages open and respectful debate, and where harassment is not tolerated.
Vice-Chancellor Robert Van de Noort told MPs and sector leaders that universities should ‘be bold’ when it comes to protecting academic freedom, in a speech at an event in Parliament earlier this year.
This decision from the new Government does not take away a principle that we as an institution hold very dear.
In anticipation of the regulator’s new powers, colleagues across a number of departments, including Legal Services, Governance, HR and Events, had conducted an extensive review of our existing policy and procedures, and had prepared updated drafts to ensure our compliance with the anticipated legislation.
We do not intend to waste this effort. Whilst our existing policies and procedures remain in force for now, we will be taking the opportunity to reflect on improvements that can be made and will update colleagues in due course as our policies are updated to strengthen further the provisions we have.
In the meantime, colleagues should make sure they are familiar with our existing policy and procedures, particularly if they organise events and invite external speakers to our campuses. Event organisers should also follow the Event Notification Process to ensure the right people at the University are kept informed and events can go ahead successfully.