Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:
“We welcome the Secretary of State for Education’s announcement that the implementation of several provisions within the Higher Education (Freedom of Speech) Act will proceed.
“The free expression and exchange of different views, without persecution or interference, is at the heart of our democracy. In Britain we enjoy significant human rights protections to hold our own opinions and express them freely. These values and protections are also a vital part of higher education. Holding open, challenging debates, rather than silencing the views of those we don’t agree with, helps build tolerance and address prejudice and discrimination.
“Freedom of expression in higher education should be upheld at every opportunity and should only be limited where there are genuine safety concerns, or where it constitutes unlawful behaviour. So the commencement of certain requirements within the Act – including the duty on institutions to promote free speech and take reasonably practicable steps to secure freedom of speech within the law – is an important step forward.
“As Britain’s equality regulator, and the National Human Rights Institution for England and Wales, we will continue to work with the Office for Students (OfS) on the regulation of these new duties.
“The Secretary of State also confirmed today that the government will amend the provisions relating to the new complaints scheme, so that the OfS has the power, rather than a duty, to consider all complaints and to put in place a condition of registration on free speech and academic freedom.
“It is essential that individuals have a clear route to redress where they believe their right to freedom of expression may have been unlawfully restricted.
“While they can bring a claim of philosophical belief discrimination under the Equality Act 2010 currently, such legal action can be expensive and time-consuming. It is important that the Higher Education (Freedom of Speech) Act provides for suitable routes to remedy in this sector.”
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