Question to the Department for Education:

To ask the Secretary of State for Education, pursuant to the Answer of 21 March 2024 to Question 17725 on Academic Freedom, whether she has had recent discussions with the Office for Students on whether (a) higher education institutions and (b) students’ unions will have enough time to implement the guidance on securing free speech within the law before those obligations enter into force.

My right hon. Friend, the Member for East Sussex, and former Minister for Children, Families and Wellbeing with responsibility for freedom of speech in the department, met with Professor Arif Ahmed in 2023 following his appointment, and discussed plans for implementation of the Higher Education (Freedom of Speech) Act (the Act) over the next two years. I also met with Arif Ahmed on 16 January 2024. The intention has always been for the Office for Students (OfS) to publish any guidance within good time of the Act coming into force to allow the sector sufficient time to consider it. The expectation expressed was that any guidance pertaining to the provisions that come into force on 1 August 2024 would be published by summer 2024, giving the sector the summer period to implement it into their practices.

The department understands that the OfS continues to work towards these timelines as set out on their website here: https://www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/, although precise timings are a matter for the OfS.

A draft version of the guidance that the OfS intend to issue following consultation has already been published for the sector to consider here: https://www.officeforstudents.org.uk/media/fsvjdljh/regulatory-advice-24-guidance-related-to-freedom-of-speech.pdf.