Phillipson to set out plans for university free speech law

The Labour Government is expected to set out its plans for controversial freedom of speech legislation for universities.

The Higher Education (Freedom of Speech) Act – which could have seen universities and student unions in England fined for failing to secure freedom of speech – was put on hold by Labour last summer.

A Government source said they would be “taking forward the legislation” to protect academic freedom – but they would be “making sure it works”.

Education Secretary Bridget Phillipson is due to make a statement to the Commons on higher education on Wednesday afternoon.

The implementation of the legislation – passed under the Tory government in 2023 – was paused due to concerns it was “potentially damaging” to student welfare and “burdensome” for universities.

The law, which was due to come into force in August, was put on hold nearly six months ago to allow time for the Labour Government to “consider options” – including whether it would be repealed.

Reports suggest the Government is expected to reintroduce the legislation aimed at protecting free speech on university campuses.

The Act said universities have a duty to “secure” and “promote the importance” of freedom of speech and academic expression.

The Office for Students (OfS), the higher education regulator for England, would have been able to fine or sanction higher education providers and student unions under the law.

A new complaints scheme for students, staff and visiting speakers with concerns about restrictions on their lawful free speech was also due to commence in August last year as part of the legislation.

In a ministerial statement in July, Ms Phillipson said: “I am aware of concerns that the Act would be burdensome on providers and on the OfS, and I will confirm my long-term plans as soon as possible.”

She had previously signalled that Labour wanted an end to so-called “culture wars” on campuses after high-profile protests – including at Oxford before a talk by academic Kathleen Stock over her views on gender identity.

Under existing legislation, universities still have a legal duty to uphold freedom of speech.

Addressing the decision by Labour to pause the legislation in July, Vivienne Stern, chief executive of Universities UK (UUK), told BBC Radio 4’s Today programme: “I never got the impression, even from very early discussions that we had with Government, that they took the view that this was all wrong and a total nonsense. And actually we didn’t take that view either.

“But if you’re going to open the bonnet and have a look at whether the legislation is actually going to be useful and productive, or whether it will have some damaging effects, you just need a bit of time to do that and I think it was sensible to take that time.”

Ms Stern said on Wednesday that universities have been “working very hard” to prepare for the Act and they have been looking at how they can strengthen their approaches to free speech and academic freedom.

But she said there are still concerns about some of the original provisions in the Act – such as allowing people to go to court to complain about their free speech being impinged.

Ms Stern suggested it would “gum up the works like you wouldn’t believe” and likely “drive quite a lot of money into the pockets of lawyers” at a time when universities are facing significant financial concerns.

Responding to reports that the legislation will be reintroduced, shadow education secretary Laura Trott wrote in a post on social media site X: “Given Labour used to call this a ‘hate speech charter’, I’m glad they’ve now U-turned.

“However, for this Bill to have teeth it must have the statutory tort included.

“We will always fight to protect free speech on campus.”

A Government source said: “The Tories left an unworkable dog’s dinner where it came to freedom of speech. It was right that we paused and took the time to hear concerns about its impact.

“Academic freedom matters more than students not being offended. That’s why we are taking forward the legislation – but crucially we are making sure it works.

“While the Conservatives chased headlines and prosecuted culture wars, this Government is getting on and delivering the change that matters.”