No10 rows back on university free speech

Bill designed to protect speakers from being ‘cancelled’ is watered down by ministers

A FREE speech law designed to prevent universities from cancelling controversial speakers has been watered down, The Daily Telegraph can disclose.

The Government has made concessions to institutions over new powers it had drawn up to enable academics and students to sue for breaching their right to free speech.

It has tabled amendments that would require complainants to seek compensation in the courts only as a last resort, after first pursuing claims through their university and the higher education regulator. Claimants would also have to prove they had suffered a loss.

It follows lobbying by Tory peers who argued that the law would impose huge costs on universities, but others in the party are furious at the perceived weakening of support for free speech.

It is understood that Kemi Badenoch, the Trade Secretary and equalities minister, is concerned about attempts to dilute the protections in the Bill.

Jo Phoenix, a professor of criminology who quit the Open University after she said it had failed to protect her right to free speech in the face of attacks by transgender activists, said the amendments were “horrendous”.

“To now think that I would have to go through a lengthy complaints process... let’s just say that this process is an excellent way that university managers can kick the problem into the long grass.”

The law to protect free speech at universities was announced last year following a string of rows over the “cancellation” of academics and students over their views.

They include Dr Heather Brunskellevans, who was no-platformed by students at King’s College London after she discussed transgender issues on a radio show, and John Finnis, emeritus professor of law at Oxford University, who faced calls to be removed from his post because of his views on homosexuality.

Baroness Barran wrote to peers on Wednesday saying the amendments to statutory tort, which would give academics new powers to sue universities in the Higher Education (Freedom of Speech) Bill, had been tabled after the Government had “listened carefully” to arguments in the Lords.

Last night, the Government insisted it remained committed to free speech and said suggestions that the Bill was being watered down were “nonsense”.

The Bill has retained powers to create a new “director for freedom of speech and academic freedom” role in the Office for Students who will oversee a free complaints scheme.

The Russell Group of universities had urged ministers to either remove the tort or amend the legislation to ensure complaints procedures with the Office for Students are “exhausted” before civil claims are pursued.

Presently, academics and students can seek a judicial review if their rights are violated, but this is very costly.

The amendments have been tabled before the Bill returns to the House of Lords next week for its report stage.

Toby Young, founder of the Free Speech Union, said: “If the Government amends the Bill so students and academics are only able to take their universities to the county court for breaching their free speech duties after exhausting every other avenue, it will neuter it.”

A government spokesman said: “The Office for Students will be able to impose sanctions, including fines, on any university that fails in its duty to protect their students, staff and visiting speakers. Should individuals wish to seek further action after exploring other available routes, they can still bring a claim to the courts.”