Jun. 01 2023
Source Page: University Freedom of Speech Bill becomes lawFound: University Freedom of Speech Bill becomes law
Written Evidence Mar. 07 2024
Inquiry: Human Rights at WorkFound: HRW0068 - Human Rights at Work Free Speech Union Written Evidence
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will hold discussions with the Office for Students on ensuring that the forthcoming guidance for higher education providers on (a) securing free speech within the law and (b) publishing and maintaining a freedom of speech code of practice is published before 1 August 2024.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
The remaining provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force in two phases. The main provisions of the Act, introducing free speech duties on higher education providers, constituent institutions and students' unions, and the new complaints scheme, will come into force on 1 August 2024. The Office for Students (OfS) has already launched two consultations that will feed into new complaints scheme rules and guidance for students’ unions on the OfS’s approach to regulating them. These will be published before the 1 August 2024.
The second phase involves provisions relating to new conditions of registration on providers and monitoring of overseas funding. These will come into force on 1 September 2025.
The OfS expects to consult shortly on the proposed revisions to the regulatory framework, including on its approach to the recovery of costs, as well as on more detailed guidance on securing free speech within the law and on maintaining a free speech code of practice. The OfS consultations are not yet live, and the OfS will require time to run the consultation, analyse the results and publish a response before they can publish the guidance to which they relate. Precise timings on the publication of guidance are a matter for the OfS.
Asked by: Gregory Campbell (Democratic Unionist Party - East Londonderry)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will hold discussions with the Committee for Academic Freedom on its news story entitled Nine UK universities label gender-critical academics transphobes, investigation reveals, published on 15 January 2024.
Answered by Robert Halfon
Securing academic freedom is a high priority for this government. That is why the government introduced the Higher Education (Freedom of Speech) Act 2023.
The Act will ensure that universities in England are a place where academics, students and visiting speakers can express a diverse range of views without fear of repercussion. The main provisions of the Act will come into force on 1 August 2024.
This Act will require reasonably practicable steps to be taken to secure freedom of speech within the law. It will not change the current legal position on what speech is lawful and unlawful. The department wants academics to feel confident to express their lawful views and challenge received wisdom, even if their views are unpopular.
There are currently no plans to hold discussions with the Committee for Academic Freedom.
Found: litigation to suppress freedom of speech.
Found: litigation to suppress freedom of speech.
Found: Introduced] A BILL TO Make provision about the misuse of litigation to suppress freedom of speech.
Found: to suppress freedom of speech.
Asked by: Bridget Phillipson (Labour - Houghton and Sunderland South)
Question to the Department for Education:
To ask the Secretary of State for Education, in reference to the Office for Students consultation on proposed regulatory advice and other matters relating to freedom of speech, announced on 26 March 2024, what discussions (a) she and (b) the Office for Students have had on this with (i) the Secretary of State for Business and Trade, (ii) other Ministers in the Department for Business and Trade, (iii) Officials in that Department, (iv) the Secretary of State for Foreign, Commonwealth, and Development Affairs, (v) other Ministers in the Foreign, Commonwealth and Development Office and (vi) officials in that Department.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
Officials regularly speak on matters of mutual importance across government, particularly on cross-cutting policy and new legislation. The department’s officials continue to engage with both the Office for Students (OfS) and other governmental departments (OGDs) surrounding the Higher Education (Freedom of Speech) Act 2023 (the Act).
Officials will continue to engage with the OfS and OGDs ahead of the Act coming into force, currently planned for 1 August 2024 for the main provisions, including the complaints scheme. The content of the consultation published on 26 March 2026 is a matter for the OfS.
Asked by: Alicia Kearns (Conservative - Rutland and Melton)
Question to the Department for Education:
To ask the Secretary of State for Education, whether she has had recent discussions with (a) the Secretary of State for Foreign, Commonwealth and Development Affairs and (b) representatives of higher education institutions on the potential impact of such institutions' collaboration with Chinese higher education bodies linked to the People's Liberation Army on national security.
Answered by Robert Halfon
The government takes the risk of foreign interference in our higher education (HE) sector extremely seriously, regardless of its source. The department has made it clear that it will not accept collaborations that compromise national security. The department recognises concerns about interference in the HE sector and regularly assesses the risks facing academia, working with partners across government. The department will continue to take steps to significantly strengthen the UK’s protections from overseas interference in our HE sector, helping to safeguard intellectual property and sensitive research.
The ‘Higher Education (Freedom of Speech) Act 2023’ will ensure that universities in England have the tools they need to deal with interference with, and threats to, freedom of speech and academic freedom. The Act will enable the Office for Students to monitor the overseas funding of registered HE providers and their constituent institutions and student unions, and to take appropriate action.
The department expects Confucius Institutes at UK universities to operate transparently and within the law, and with a full commitment to the government's values of openness and freedom of expression. The department has taken action to remove any direct or indirect government funding from Confucius Institutes in the UK.
The ‘Integrated Review Refresh’, published in 2023, committed to launching a review of legislative and other measures designed to protect the academic sector, to identify what more the government could or should be doing. This is currently underway and is led by the Department for Science, Innovation and Technology. This will include an assessment of the risks to research security as a result of collaboration with international bodies.
The department also works with the sector to improve HE providers’ overall resilience and economic security. The department has encouraged Universities UK to publish a number of guidelines and case studies to enable HE providers to assess risks associated with international collaboration.