The education secretary has been accused of a U-turn after she decided to proceed with controversial free speech laws brought in by the Conservatives.
Bridget Phillipson paused The Higher Education (Freedom of Speech) Act 2023 last summer with a view to repealing what Whitehall sources at the time labelled a “hate speech charter”.
The act, which was due to come into force in August, could have seen universities and student unions fined if they failed to uphold freedom of speech on campus.
But in the House of Commons on Wednesday afternoon, Ms Phillipson said the government would now go ahead with the legislation because academic freedom was “much more important than the wishes of some students not to be offended”.
Politics latest: Starmer backs Reeves as pound rises back up
“The ability of our academics to explore and express new ideas through teaching and research is precious and we must protect it,” she told MPs.
“And these fundamental freedoms are more important – much more important – than the wishes of some students not to be offended. University is a place for ideas to be exposed and debated, to be tried and tested.”
In response, shadow education secretary Laura Trott said there was now “confusion” over the Act and added: “It seems this government can’t even do a much-needed U-turn properly.”
Follow our channel and never miss an update
The Conservatives introduced the Freedom of Speech Act in a bid to address concerns of “cancel culture” at universities when speakers are denied a platform over controversial views they hold.
The previous government said the act placed more responsibility on universities “to ensure students are able to speak freely in and out of the classroom, while offering more protection for academics who teach material that may offend some students”.
It said the new powers would allow speakers to express views that others may disagree with as long as they did not veer into hate speech or incitement of violence.
Ms Phillipson’s decision to pause the implementation of the Act with the view to repealing it was one of her first acts as education secretary.
At the time, sources close to the education secretary said the government was considering repealing the act because it could have lent a platform to extremists.
Ms Phillipson said the Department for Education had carried out “extensive engagement covering all corners of the debate” – including academics, universities and students before coming to her decision to proceed with it.
She said elements of the Tory-era legislation would come into force “shortly” but that the government would “proceed in a way that actually works”.
Provisions within the Act that will be launched include the duties on higher education providers to take reasonably practicable steps to secure and promote freedom of speech within the law, and to put in place a code of conduct on freedom of speech.
The government will also proceed with the ban on non-disclosure agreements for staff and students and higher education providers in the cases of bullying, harassment and misconduct, while the Office for Students (OfS) watchdog will be given new powers to “give advice and share best practice” on freedom of speech.
However, Ms Phillipson said the government was repealing the plan to give the OfS powers to fine or sanction higher education providers and student unions in England, on the grounds they do not have the resources to navigate the regulations and are already covered by charity rules.
“I fully expect students’ unions to protect lawful free speech whether they agree with the views expressed or not,” she added.
An external complaints scheme will be set up for cases where freedom of speech is not being protected, the education secretary said.
Read more:
Tulip Siddiq named in third Bangladesh inquiry into money laundering
Kemi Badenoch says grooming gang abusers are ‘peasants’ from ‘sub-communities’
Ms Trott told MPs the government was “more interested in virtue signalling than what is right for the country” in relation to changes to the Higher Education (Freedom of Speech) Act 2023.
“This government will take a wrecking ball to policy without fault for the consequences,” she said.
“They are much more interested in virtue signalling than what is right for the country.”
She continued: “Despite the secretary of state’s statement, we have confusion about what is actually happening.”
Responding to accusations of a U-turn, Ms Phillipson said the Conservative version of the bill “would have emboldened Holocaust denial and showed a shameful disregard for the welfare of Jewish students”.
“If members opposite want to know what a U-turn on free speech looks like, I suggest they turn their attention to Liz Truss, who for so long extolled the virtues of free speech and is now on some kind of bizarre quest to cancel the prime minister for saying that she and the party opposite crashed the economy – freedom of speech cuts both ways.”
