‘Proportionate’ free speech bill would be ‘welcome’, says UUK – Times Higher Education (THE)

The Westminster governments campus free speech bill could be helpful to universities, provided it is proportionate and manageable, according to Universities UK.

The Higher Education (Freedom of Speech) Bill, which would strengthen existing free speech duties on English universities and extend them to students unions, is currently passing through the House of Commons.

Giving evidence at the committee stage on 14 September, Paul Layzell, chair of Universities UKs advisory group on free speech and academic freedom, said that the bill, which would also enable individuals to sue for compensation if their free speech rights have been breached, could be helpful as long as it does not cut across existing mechanisms in universities for complaints.

Professor Layzell, who is principal of Royal Holloway, University of London, said that vice-chancellors and their senior teams are concerned about the interplay of this legislation with other legislation.

There are plenty of mechanisms within universities to deal with complaints internally, he said, alongside, other routes such as employment tribunals, the Office of the Independent Adjudicator for Higher Education and the English regulator, the Office for Students.

However, if the bill helps clarify the rules where a number of issues come together and brings transparency and clarity, then its welcome, he said.

Critics have pointed out that the bill could result in universities and students unions risk-assessing the life out of campus or even givefree rein to Holocaust deniers and other extremists.

Professor Layzell said that free speech was already a priority for the sector, and so did not believe that anybody in the sector would have a problem with the requirement positively promote freedom of speech. What we want is something that ends up being proportionate and manageable, he said.

This should include mechanisms to prevent frivolous and vexatious claims being made. Universities UK would also recommend that the scope was limited to those who are directly affected by alleged breaches of a freedom of speech. Our worry is this is apparatus get to use for other purposes, he said.

The bill also includes the creation of a director of free speech and academic freedom on the OfS board empowered to ensure compliance with the duties. Professor Layzell said it would be important that any sanctions given out should encourage greater consideration and greater opportunities to learn from one another.

He added that UUK would be concerned if there was no right to appeal those sanctions.

Also giving evidence at the hearings was Jonathan Grant, professor of public policy at Kings College London, who said that the bill was somewhat overkill.

This was particularly evident around so-called cancel culture, a particular focus of the Westminster government.

When you look at the data, it is a very rare events that events are cancelled or people get no platformed, Professor Grant said. But I do have concerns around issues the chilling effect, where people are self-censoring themselves in classrooms, but I wonder whether regulation is the way to address those concerns.

How we have a more sort of open culture on campus where people have different views, feel competent in expressing them; I think that would be a much more useful conversation.

anna.mckie@timeshighereducation.com

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'Proportionate' free speech bill would be 'welcome', says UUK - Times Higher Education (THE)