Labour decision to pause freedom of speech law branded ‘chilling’

A Labour spokesperson denied the decision signals a backsliding on freedom of speech

Labour’s move to pause legislation which could see universities and student unions fined for failing to uphold freedom of speech has been branded “chilling” by a former Conservative minister.

The government has decided to put a hold on the Higher Education (Freedom of Speech) Act 2023 “in order to consider options, including its repeal”, education secretary Bridget Phillipson announced on Friday.

The legislation, which was set to come into force next week, would have allowed the Office for Students (OfS) to sanction higher education providers and student unions in England if they did not sufficiently protect freedom of speech.

Claire Coutinho served as the Energy Secretary in Rishi Sunak’s Cabinet (BBC)

Claire Coutinho, who served as the Energy Secretary in Rishi Sunak’s Cabinet, hit out at the decision on social media, claiming it is a “taste of what is to come” under the new government.

A Labour spokesperson denied the decision signals a backsliding on freedom of speech.

They said a decision was taken “in response to concerns that have been raised in the university sector”, adding that the Department for Education wanted to “take stock and listen to those concerns”.

Asked whether the decision to pause the legislation represented a step backwards for freedom of speech, the Labour spokesperson said they “disagree with that characterisation”.

They added: “It’s also right to listen to concerns and take stock and that is what the department is doing.”

Responding to the decision, Ms Coutinho said: “A chilling decision, taken so casually without any debate…

“The Labour Party fought us every step of the way when we legislated to protect freedom of speech in universities. This is a taste of what is to come.”

Bridget Phillipson will ‘consider all options’ (PA Wire)

The Higher Education (Freedom of Speech) Bill became law in May 2023, with the previous Conservative government brading it “a huge step forward in protecting freedom of speech and academic freedom on university campuses.”

The Act would require universities, colleges and students’ unions in England to take steps to ensure lawful freedom of speech on campus, putting more responsibility on universities to ensure students are able to speak freely in and out of the classroom.

It would also offer more protection for academics who teach material that could offend some students.

Announcing the Department for Education’s decision, Ms Phillipson said said: “I have written to colleagues separately about my decision to stop further commencement of the Higher Education (Freedom of Speech) Act 2023, in order to consider options, including its repeal.

“I am aware of concerns that the Act would be burdensome on providers and on the Office for Students (Ofs), and I will confirm my long term plans as soon as possible.”