It is possible to describe the higher education bill as a provision that regards freedom of speech and academic freedom in higher education institutions and students’ unions. The bill was introduced in the House of Commons by Education Secretary Gavin Williamson. The first reading took place on May 12 2021.
Introduction of the Higher Education Bill
The main aim of it is to bring forward a variety of actions to reinforce prior legislation on freedom of speech and academic freedom in higher education. This latter was introduced where freedom of speech needed to be protected at higher education institutions and, for the first time, in students’ unions. This act intends to protect academic staff who support a different point of view.
Provisions in the Bill
This bill establishes a statutory tort that enables anyone to sue for compensation if they suffered from a failure to protect freedom of speech by an academic institution. In addition, these provisions permit the Office for Students (OfS) to control freedom of speech and establish a complaints organization.
It rectifies the breaches of free speech duties by establishing a statutory tort, extended duties and developing the role of Director of Freedom of Speech and Academic Freedom at the OfS. Moreover, the OfS would be allowed to impose fines on institutions that did not comply with the Act.
Bill’s clauses:
This bill has eight essential clauses. The first three clauses concern duties to safeguard freedom of speech, and the 4-8 regarding the role of the OfS. On the other hand, clause 9 and 10 relate to minor amendments.
The debate about the Act:
As established by the Act the universities will have a duty to protect the freedom of speech of students, staff members and guests. Indeed, anyone will be able to sue where they claim that the university or the student union did not safeguard their freedom of speech. To be more specific, any individual can seek compensation through the courts if an institution breached its freedom of speech duties.
The main issue of this act is that it would not provide any protection for lecturers but it will empower a huge group of people. Nevertheless, freedom of speech is something of vital importance, the fact that every single lesson or seminar or guest speech might end in court action can cause several issues and would amount to a waste of both money and time.
Universities said it was extremely important not to create ‘unnecessary bureaucracy’. Spokespeople for the Russell Group universities and Universities UK emphasised that it is essential the Bill focuses on a small number of incidents, without duplicating existing legislation or creating unnecessary bureaucracy which might create significant issues.
As stated by Jo Grady, the general secretary of the University and College Union, the bill itself is a threat to freedom of speech and academic freedom, and the government over exaggerates the problems which motivate the bill.
However, what the government is hoping to achieve is that the university staff feel comfortable discussing controversial or unpopular topics, without risking losing their job.
In conclusion, the bill was established on May 12 2021 and as mentioned above, it establishes a statutory tort that enables anyone to sue for compensation if they suffered from a failure to protect freedom of speech by an academic institution. However, it is of vital importance to focus on a small number of matters without creating useless legislation.
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