The FSU has sent a pre-action protocol letter to the Education Secretary, threatening a judicial review if she doesn’t reverse her decision to stop commencement of the Higher Education (Freedom of Speech) Act — the Telegraph has this breaking story.
In July, the Secretary of State for Education, Bridget Phillipson, issued a statement to the House of Commons saying she intended to stop commencement of the Higher Education (Freedom of Speech) Act “in order to consider options, including its repeal”.
It was fitting that the Labour Government would declare war on free speech in a written statement, posted quietly to the House of Commons website on a Friday – a good day for bad news, as any journalist will tell you – and unaccompanied by any opportunity for parliamentary debate
This was a carefully crafted piece of legislation, properly debated in both House of Parliament, and designed to address the free speech crisis in our universities.
It would have strengthened the legal duty on English universities to uphold and promote freedom of speech, and it created a couple of enforcement mechanisms, such as a complaints scheme overseen by the higher education regulator, to make sure universities didn’t ignore that duty.
Having received cross-party support during the last Parliament, its most important clauses were due to be commenced on 1st August.
Now, because Rishi Sunak called an election before the Act had been fully implemented, this Government has seized its chance to derail it.
If the Labour Government’s decision to effectively “kill off” this law is allowed to stand, it will become virtually impossible for students and academics to challenge radical progressive ideology on campus.
The Telegraph report continues:
In a pre-action protocol letter, the first stage before a judicial review, it alleged Ms Phillipson’s decision to axe the legislation was “unlawful”.
“The Secretary of State was not entitled to act as she has done because she opposes the legislation or its policy. Any repeal of the legislation is a matter for Parliament not the executive,” the letter sent on Friday claimed.
The Free Speech Union also accused the Education Secretary of acting unlawfully by removing protections for “people of certain protected groups”, such as “gender critical persons or those who espouse minority political views”.
It called on Ms Phillipson to publish proof that she had considered the possible implications of repealing the free speech laws for certain groups.
The Act was introduced after a series of rows over the cancellation of academics and students over their views. They include Dr Kathleen Stock, a philosophy professor, who resigned from Sussex University in 2021 after what she described as a witch-hunt over her views on transgender issues.
Toby Young, the director of the Free Speech Union, said: “Bridget Phillipson’s decision to kill off a piece of legislation that enjoyed cross-party support in the last parliament gives the lie to her claim that she’s too high-minded to engage in culture war politics.
“This is a flagrant abuse of political power in pursuit of a narrow ideological agenda. At a stroke, she has made it virtually impossible for students and academics to challenge radical progressive ideology on campus.”
He also accused Ms Phillipson of being a “culture warrior first class, far more brutal and merciless than any of her Tory predecessors”.
You can read our pre-action protocol letter here.
We’ve asked the Education Secretary to comply with her duties under the Freedom of Speech Act and bring the remaining provisions of this vital piece of legislation into force. The Government has 14 days to respond.
Our threat to judicially review Bridget Phillipson’s decision is the first legal action this Government is facing, and, as you’ll appreciate, anything involving lawyers is expensive. If you can, please donate to our Fighting Fund to help meet some of our costs.
Thank you in advance. As ever, we really appreciate your help.
To increase our chances of rescuing this Act of Parliament, we also need to keep up the pressure on MPs. Please use our campaigning tool to write to your local MP, urging them to ask Ms Phillipson to think again.
Completing the form is a simple, fast process that can have a significant impact. We’ve even provided a template to help, but feel free to personalise it. Your voice matters and it’s vital that you make it heard.
