The Government has faced another barrage of criticism over its move to shelve laws to protect free speech on university campuses.
Education Secretary Bridget Phillipson announced last week she would halt the implementation of the Higher Education (Freedom of Speech) Act while the Government considered its future.
Labour has claimed the legislation was ‘not fit for purpose’ and argued Jewish students would potentially be left at risk.
But critics have been left outraged by the move, arguing academics and guest speakers who were due to be protected by the legislation have been hung out to dry in the face of increased hostility on campus.
Criminology professor Jo Phoenix said by removing the legislation the Government was ignoring universities’ failures to tackle bullying and harassment.
Earlier this year an employment tribunal ruled the Open University had failed to protect Prof Phoenix from a campaign of harassment by other academics after she raised concerns about self-identification by trans people.
The Government has faced criticism over its decision to drop a law designed to protect freedom of speech on campuses. Pictured: A trans protest at the Oxford Union
Education Secretary Bridget Phillipson (pictured) said the legislation passed by the previous Conservative government would ‘expose students to harm’ on campus
Prof Phoenix, who now works at the University of Reading, said: ‘I speak from direct experience, I think I get the award for one of the most harassed gender critical academics.
‘For me this started in 2019 as a guest speaker at Essex University – I was cancelled on the grounds that I was a transphobe.
‘My event was cancelled on the day I was due to give a talk because students were threatening to protest.
‘Under the new Act that was shelved I would have had recourse to make a complaint against the university – that is a big loss.
‘The Government keep calling it a culture war and every time I see that a part of me dies.
‘It is not a culture war. Universities have a problem with bullying and harassment of people who do not agree with particular political views.’
Gavin Williamson who, as then education secretary introduced the bill to the House of Commons in 2021, said: ‘We have seen the ability of both students and academics to speak freely in universities over the last three decades diminished more and more.
‘The free speech legislation was there to redress the ever increasing restrictions on peoples freedom to speak.
A student at a trans protest at the Oxford Union holds a placard reading ‘trans joy is resistance’
‘It’s deeply disturbing that the Labour government doesn’t feel that free speech is worth fighting for or defending.
‘I fear that because of their actions we will see universities increasingly becoming an echo chamber of a certain set of views which will be the only ones accepted and not the diversity and richness of debate that we need to see within our great British universities.’
Labour has stuck firmly to its position, with Government sources pointing out the announcement has been welcomed by the Board of Deputies of British Jews.
On Friday Ms Phillipson said: ‘This legislation could expose students to harm and appalling hate speech on campuses.
‘That is why I have quickly ordered this legislation to be stopped so that we can take a view on next steps and protect everyone’s best interests, working closely with a refocussed Office for Students.’
Higher education institutions will still have a legal duty to uphold freedom of speech under existing legislation.
When the new powers were introduced, the Tories said it would allow speakers to express views as long as they did not cross a threshold into hate speech or incitement of violence.
Toby Young of the Free Speech Union said: ‘This is an act of vandalism by the Government. This was a very carefully crafted Act designed to address the free speech crisis in our universities that commanded cross-party support.
Pro-Palestine students demonstrate against ‘genocide’ with placards reading ‘What debate?’
Oxford University students hold a banner reading ‘trans women are real women’ at a trans protest
‘Clearly, the Labour Party is determined to reignite a culture war issue that had been settled by the last Government.’
Helen Joyce, director of advocacy at charity Sex Matters, said shelving the legislation ‘will have a chilling effect not just on academics but on students and speakers whose views aren’t popular on campus’.
She continued: ‘As I know personally, people who speak up for women’s rights and against gender ideology are routinely harassed and threatened.
‘I have experienced students shouting to make my words inaudible while I’m speaking, and putting pressure on university administrators to disinvite me – sometimes successfully.
‘Despite claiming to care about freedom of speech, the Government removed much-needed protections from people who insist on speaking unfashionable truth – in my case, that there are two sexes and that recognising that fact matters for women’s rights.’
The Department for Education was contacted for comment.
