Professor of Mathematics at Queen Mary University of London – Abhishek Saha – wrote a piece in the latest Times Higher Education which confirms the growing frustration of academics about the government’s failure to introduce a complaints scheme which would enable universities to fulfil their statutory duties under the Higher Education (Freedom of Speech) Act (HEFSA).
In one of her first acts as Secretary of State for Education, Bridget Phillipson halted the implementation of HEFSA’s main duties. It was a battle the Education Secretary was to lose after she was forced to partially restore aspects of the Act after a sustained pressure campaign and the Free Speech Union’s threat to bring a judicial review against her.
In his article, Saha calls on the government to urgently commit to implementing a complaints scheme – an essential component of the Act. The Act came into force in August of this year and subsequently put universities across England under a clear legal duty to take “reasonably practicable” steps to secure freedom of speech and academic freedom. Alongside the Act came robust guidance from its regulator, the Office for Students (OfS). While all this is a positive, there is, as Saha says, an essential missing aspect – enforcement.
Saha draws attention to a recent written parliamentary question submitted by Lord Alton of Liverpool in which he asked the government when it intends to introduce the long-promised complaints scheme. The response provided by Skills Minister Baroness Smith offered no clarity and was just a months-old government pre-rehearsed line: “seeking a suitable legislative vehicle”. The Minister then went on to suggest that academic staff – who feel so inclined – should rely on either judicial review or employment tribunals.
A woefully unhelpful answer and an unworkable sticking-plaster solution. Saha is right in saying: suggestion does not withstand scrutiny. Judicial review is expensive, risky and utterly impractical for individual academics. Employment tribunals cannot consider breaches of HEFSA duties.”
Until there is a complaints scheme in place, the Act is not properly enforceable. Universities can disregard their requirement to uphold freedom of speech and academic speech with impunity – and indeed have done so.
Professor Saha has called on the government to “immediately publish a timeline for the legislation needed” and as a temporary measure, ministers should use a statutory instrument to commence the complaints scheme forthwith”. Saha has also encouraged fellow academics to sign an open letter calling for the government to take the necessary action.
The battle to secure HEFSA has been long and incredibly hard-fought. While progress has been made, with universities now having clear statutory duties to secure free speech on campus, a vigilant regulator in the form of the OfS and guidance. If this is enforced it could have a positive and significant effect on campus culture.
“It is time for the government to finish the job” pleased Saha.
Read more in Times Higher Education.