Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the effectiveness of the provisions in the Higher Education (Freedom of Speech) Act 2023 in the context of the response to recent remarks made by the Rector of St Andrews University on the Israel - Gaza war.

Although the Higher Education (Freedom of Speech) Bill received royal assent in May 2023, the main provisions of the Act will not come into force until 1 August 2024. This is because the Office for Students (OfS) will need to create the new free to use complaints scheme introduced by the Act and develop guidance on how providers and students’ unions can comply with their new duties, in consultation with the sector.

When in force, however, this Act will only apply to higher education providers in England registered with the OfS. The University of St Andrews will not, therefore, be in scope.

The new duties under the Act will give specific protections to academic staff and introduce routes of redress where an individual may not have clear contractual protections in place in respect of freedom of speech and academic freedom. The Act is clear that the job security of staff should not be undermined by the expression of lawful speech, including where they may question and test received wisdom, and put forward new ideas and controversial or unpopular opinions.