The Government is under fire for shelving key measures aimed at curbing Chinese influence in British universities.
On Wednesday, Education Secretary Bridget Phillipson announced Labour’s decision to revive the Higher Education (Freedom of Speech) Act 2023, a flagship Conservative policy initially designed to strengthen free speech protections on campus. However, several critical elements are set to be removed.
Among the most significant omissions is a proposed duty requiring the Office for Students (OfS) to monitor overseas funding received by UK universities. This provision, intended to address risks to free speech and academic freedom posed by funding from authoritarian states like China, has been delayed, with Ms. Phillipson stating that she needed “more time to consider” its implementation.
The OfS duty would have scrutinized whether international partnerships and donations, particularly from China, jeopardized the independence of British institutions. Proponents argue this measure would have helped prevent attempts to stifle criticism of Beijing on UK campuses.
Speaking to the Commons, Ms Phillipson said: “I remain fully committed to tackling cases of interference by overseas governments, and the wider measures in this Act will further strengthen our protections. However, I want to ensure that any new reporting requirements for providers add value without being overly burdensome. This is as we work at pace with the sector on the wider implementation of the foreign influence registration scheme.”
Despite these assurances, critics have raised concerns about the decision to delay action on overseas funding transparency. Laura Trott, Shadow Education Secretary, asked whether the move was linked to Chancellor Rachel Reeves’s state visit to China last week.
“Why is the Secretary of State unable to set out a clear decision on overseas funding? Why is six months not enough time? Can she confirm that none of these were discussed in the Chancellor’s recent visit to China, and can she confirm that there were no deals done to amend this clause?” Ms. Trott said.
Legal documents revealed as part of the Free Speech Union’s judicial review case against the Government over its decision to pause commencement of the Act, and seen by The Telegraph, indicate that concerns over the cost of transparency requirements and potential impacts on English higher education institutions operating in China contributed to Labour’s decision to pause the legislation. British universities currently participate in over 20 joint institutes and 250 joint programmes in China, partnerships that have raised fears about interference by the Chinese Communist Party (CCP).
Concerns about the impact of overseas funding on academic freedom in the UK have been raised by various experts and organizations. A report by the Higher Education Policy Institute (HEPI) foregrounded the challenges faced by UK universities in their engagements with China, including issues related to self-censorship and the influence of Chinese funding on academic activities. The Intelligence and Security Committee also previously highlighted UK universities as a “rich feeding ground” for Chinese influence. Reflecting the global scale of the issue, a 2023 report by Index on Censorship examines how Chinese funding is being used to fund European universities and to what extent it is eroding academic freedom in the process.
Ms Phillipson also confirmed the removal of the statutory tort, a key feature of the original Act that would have allowed staff, students, and speakers to seek compensation if their free speech rights were breached. Describing it as a risk to university finances, she said it could “divert resources away from students at a time when university finances are already strained.”
Further amendments include limiting the Act’s applicability to student unions. Under the revised scheme, complaints to the OfS will only be considered in “the most serious” cases of potential free speech violations, and students will no longer be able to participate in the process. Professor Arif Ahmed, appointed by former Prime Minister Rishi Sunak to oversee the complaints scheme, will continue in his role, albeit with significantly reduced powers.
Ms. Phillipson defended the changes, stating: “These fundamental freedoms are more important, much more important, than the wishes of some students not to be offended. These changes protect free speech but avoid implementing excessive and burdensome provisions which could have exposed struggling universities to disproportionate costs.”
The revisions mark a significant climbdown for Labour, which had previously branded the Act a “Tory hate charter.” Ms. Phillipson had indicated she might repeal the legislation entirely but faced backlash from academics and legal action from the Free Speech Union, which has mounted a judicial review of the Government’s earlier decision to pause the Act’s implementation.
Neil O’Brien, a Shadow Education Minister, criticized the Government for failing to address foreign interference in universities, saying: “China spied on MPs [and] sanctions MPs (including me), but we are kowtowing to them yet again.”
Ms. Reeves, during her visit to China, described the country as “an economically important partner” and emphasized the need for increased trade and investment. However, critics argue that Labour’s reluctance to crack down on CCP influence risks portraying the UK as buckling under Chinese pressure.
There’s more on this story here.
