Higher Education (Freedom of Speech) Act 2023
Official Summary
A Bill to make provision in relation to freedom of speech and academic freedom in higher education institutions and in students’ unions; and for connected purposes.
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Overview
This bill aims to enhance freedom of speech in UK higher education institutions. Amendments were made by the House of Lords and subsequently considered by the House of Commons, resulting in a compromise version of the legislation.
Description
The core of the bill focuses on establishing a framework for addressing free speech complaints within universities. The initial version of the bill (Clause 4) was removed and replaced with amendments (10B, 10C, 10D, and 10E). These amendments stipulate that legal action concerning breaches of free speech can only be taken if a complaint was first made under a relevant complaints scheme, and a decision on the justification of the complaint has been made. Two schemes are specifically identified as relevant: a new free speech complaints scheme (Schedule 6A) and an existing scheme under the Higher Education Act 2004. Crucially, legal action is only permitted if the breach caused the individual to suffer a loss.
Government Spending
The bill doesn't directly specify government spending figures. The implementation of the new complaints scheme and any associated legal costs will likely involve some government expenditure, but the exact amount is not provided within the document.
Groups Affected
This bill directly affects:
- Universities and Higher Education Institutions: They will need to implement and adhere to the new or amended complaints procedures.
- Students and Staff: They will be able to utilise the specified complaints procedures, and potentially access legal remedies if necessary.
- The Office for Students (OfS): The OfS may have a role in overseeing the implementation and effectiveness of the new or amended complaints procedures.
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