Government revives university freedom of speech legislation
Bridget Phillipson told MPs previous legislation 'showed shameful disregard for the welfare of Jewish students'
Legislation aimed at protecting free speech on university campuses has been revived by the government.
But Education Secretary Bridget Phillipson said that the previous legislation put forward by the last government “would have emboldened Holocaust denial and showed shameful disregard for the welfare of Jewish students.”
In a statement in the Commons confiming the Higher Education (Freedom of Speech) Act had been revised, Phillipson said she was “particularly concerned about shocking rise in antisemtism” on campuses when she paused its implementation.
Jewish News understands a contentious clause that could have allowed Holocaust deniers and others engaging in hate speech who were blocked from appearing to take legal action against universities is likely to be removed.
The Union of Jewish Students and the Antisemtism Policy Trust had been among those to raise concern that the laws, passed under the Tory government, would allow antisemtism hate speech to flourish on campuses.
A spokesperson for the Trust told Jewish News:”We support the changes brought forward by the Secretary of State.
“She has listened to the concerns we and others raised and has taken action. The result is that the Act will now be less likely to damage efforts to tackle anti-Jewish racism on campus. That should be welcomed by everyone. ”
Under the previous laws there were concerns that extremists who were prevented from speaking on campus could subsequently launch legal action exposing universities and student unions to expensive legal costs.
Government sources suggest that some form of complaints process overseen by the Office for Students would be in place in the revised laws.
This would ensure those engaging in clear-cut cases of Holocaust denial and hate speech were not being given the opportunity to simply take legal action against universities and student unions.
Universities UK, which represents more than 140 higher education providers, have also backed Phillipson’s decision to take a closer look at the legislation.
The Act was passed in 2023 but its provisions had yet to be implemented by the time of the general election last year, allowing the education secretary a chance to pause it to take account of concerns inside and outside higher education about its consequences.
Some reports on Wednesday claimed the Education Secretary was now set to re-introduce the free speech laws in a watered down version as a result of a backlash from academics, and some members of the Jewish community, over her decision to pause the Act.
Under the original Tory policy, universities, colleges and student unions would have been required to actively promote free speech on campus, with those found to have breached these duties facing sanctions.
The previous government said the laws would stop “cancel culture” including the banning of pro-Israel speakers by some universities.
But groups such as UJS, and the Antisemitism Policy Trust raised concerns about the unintended consequences of the laws, with some claiming it was an an “antisemite charter”.
Government sources on Wednesday confirmed the legislation was being relaunched “to make it workable”.
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