Labour is set to revive university free speech laws just months after suspending them, following significant backlash from academics.
Education Secretary Bridget Phillipson will reintroduce a modified version of the Higher Education (Freedom of Speech) Act in the coming weeks.
The legislation, originally designed to protect against “cancel culture”, was shelved by Phillipson last July, days before it was due to take effect.
Labour had initially branded the Conservative legislation a “Tory hate charter” and considered repealing it entirely.
Labour is set to revive university free speech laws just months after suspending them
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“The Tories left an unworkable dogs dinner where it came to freedom of speech,” a Government source told The Telegraph.
“It was right that we paused and took the time to hear concerns about its impact.”
The suspension sparked widespread fury among academics, with ministers reportedly stunned by the scale of opposition.
Almost 700 academics, including Richard Dawkins and several Nobel Prize winners, signed an open letter to Phillipson last summer.
The letter warned that many university staff had been “hounded, censured, silenced or even sacked” for exercising free speech rights.
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Bridget Phillipson will reintroduce a modified version of the Higher Education (Freedom of Speech) act in the coming weeks
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Universities had initially opposed the legislation, arguing it would create excessive bureaucracy and expose them to costly legal action.
Universities UK, representing more than 140 higher education providers, has since acknowledged the Government’s engagement in considering next steps for the Act.
The original Conservative policy would have required universities, colleges and student unions to actively promote free speech on campus.
The revised legislation will return without the original compensation scheme for those whose free speech had been suppressed.
The “statutory tort” mechanism, which would have allowed academics and students to seek compensation for financial losses due to expulsion or dismissal, will be removed.
Universities had lobbied against this compensation scheme, warning it could lead to vexatious claims.
“The tort is likely to be used for vexatious claims, which will ultimately lead to considerable sums of money being spent on legal advice,” Universities UK wrote to Phillipson.
Toby Young, general secretary of the Free Speech Union, responded cautiously to the development.
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The Government is also considering removing requirements for the Office for Students to monitor overseas funding of universities.
A new complaints scheme overseen by Professor Arif Ahmed, the free speech director at the Office for Students, will still be implemented.
The Government source emphasised the importance of academic freedom: “Academic freedom matters more than students not being offended.
“That’s why we are taking forward the legislation but crucially we are making sure it works.”
Toby Young, general secretary of the Free Speech Union, responded cautiously to the development.
“It comes as no surprise that the Government appears to have performed a U-turn in response to our claim,” he said.
“But the Free Speech Union hasn’t received any communication from the Secretary of State, and the devil will be in the detail.”
Iain Mansfield, head of education at Policy Exchange, said: “While any watering down of the Act would be a disappointment, even without the tort, it remains a vital tool to protecting free speech and tackling the chilling culture of censorship on campus.”
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