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EnactedRoyal Assentc. 16

Higher Education (Freedom of Speech) Act 2023

Bill 2862Commons originatingintroduced 12 May 2021
This bill became lawView the statute on acthub →c. 16 · 11 May 2023

Bill texts 11

  • Bill 012 2021-22 (as introduced)Bill · 12 May 2021 · 1 file · 175 KBdownload soon
  • Bill 012 2021-22 (as introduced) - large printBill · 12 May 2021 · 1 file · 270 KBdownload soon
  • Bill 167 2021-22 (As Amended in Public Bill Committee)Bill · 23 Sept 2021download soon
  • Bill 001 2022-23 (as introduced)Bill · 11 May 2022download soon
  • Bill 001 2022-23 (as introduced) - large printBill · 11 May 2022download soon
  • HL Bill 30 (as brought from the Commons)Bill · 14 Jun 2022 · 1 file · 214 KBdownload soon
  • HL Bill 79 (as amended on Report)Bill · 07 Dec 2022 · 1 file · 171 KBdownload soon
  • Bill 219 2022-23 (Lords Amendments)Bill · 14 Dec 2022download soon
  • HL Bill 104 Commons Disagreement and ReasonBill · 08 Feb 2023 · 1 file · 81 KBdownload soon
  • Bill 279 2022-23 (Lords non-insistence and amendments to the words so restored to the Bill)Bill · 23 Mar 2023download soon
  • HL Bill 134 Commons Disagreement and Amendment in LieuBill · 03 May 2023 · 1 file · 109 KBdownload soon

Amendments 40

Committee stage — Lords 20

NotMovedClause 1EditBillBody

at end insert— “Freedom of speech” refers to the Convention right of freedom of expression set out in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as far as it consists of a right to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).”

Moved: Lord Hope of CraigheadSponsor: Lord Triesman#93426
NotMovedClause 1EditBillBody

at end insert— For the purposes of subsection (1)—

Moved: Lord MoylanSponsor: Baroness Fox of Buckley#93512
NotMovedClause 1EditBillBody

leave out “or privileges” and insert “, privileges, responsibilities or opportunities”

Moved: Lord Strathcarron#93514
NotMovedClause 1EditBillBody

leave out “placing themselves at risk of being adversely affected” and insert “being adversely affected (or being placed at risk of being adversely affected)”

Moved: Lord StrathcarronSponsor: Lord Triesman#93515
NotMovedClause 1EditBillBody

at end insert— to express opinions about the registered higher education provider, including without limitation on opinions concerning its curriculums, governance, affiliations, and the teaching and research conducted at the provider,”

Moved: Lord StrathcarronSponsor: Baroness Fox of Buckley#93516
WithdrawnClause 1EditBillBody

leave out lines 7 and 8 and insert— A provider must—

Moved: Lord SandhurstSponsor: Baroness Fox of Buckley#93525
NotMovedClause 1EditBillBody

leave out “, beliefs”

Moved: Lord Wallace of Saltaire#93561
NotMovedClause 1EditBillBody

leave out “, beliefs”

Moved: Lord Wallace of Saltaire#93562
NotMovedClause 1EditBillBody

leave out “and controversial or unpopular opinions”

Moved: Lord Wallace of Saltaire#93565
NotMovedClause 1EditBillBody

after “wisdom” insert “within all fields covered by their professional responsibilities”

Moved: Lord Wallace of Saltaire#93566
NotMovedClause 1EditBillBody

leave out lines 19 and 20

Moved: Lord Wallace of Saltaire#93567
WithdrawnClause 1EditBillBody

leave out line 14

Moved: Lord Wallace of Saltaire#93574
WithdrawnClause 1EditBillBody

after “speech” insert “within the law”

Moved: Lord Wallace of Saltaire#93575
NotMovedClause 1EditBillBody

after “means” insert “the rights set out in paragraph 27 of Article VI of the UNESCO Recommendation concerning the Status of Higher-Education Teaching Personnel and”

Moved: Lord Triesman#93609
NotMovedClause 1EditBillBody

leave out lines 1 and 2

Moved: Lord WillettsSponsor: Lord Stevens of Birmingham#93632
NotMovedClause 1EditBillBody

leave out “any premises of the provider is not denied” and insert “premises of the provider”

Moved: Lord WillettsSponsor: Lord Stevens of Birmingham#93633
WithdrawnClause 1EditBillBody

leave out “securing that” and insert “not denying”

Moved: Lord WillettsSponsor: Lord Stevens of Birmingham#93634
NotMovedClause 1EditBillBody

at end insert— The objective in subsection (2) includes securing that no person listed in paragraphs (a) to (d) of subsection (2) is deprived of an ability to speak freely as a result of a non-disclosure agreement or confidentiality agreement between that person and the governing body of the registered higher education provider.

Moved: Lord Collins of Highbury#93787
NotMovedClause 1EditBillBody

at end insert— “Freedom of speech” includes the freedom to—

Moved: Lord Collins of Highbury#93788
NotMovedClause 1EditBillBody

leave out first “any”

Moved: Lord Mann#93789

Report stage — Lords 20

NotMovedClause 1EditBillBody

at end insert— ““within the law” means that the exercise of this freedom is subject to the duty to respect the rights of others and not to do or say anything that is prohibited by any enactment or rule of law.”

Moved: Lord Hope of CraigheadSponsor: Lord Moylan, Lord Collins of Highbury#93808
WithdrawnClause 1EditBillBody

at end insert— “Freedom of speech” refers to the Convention right of freedom of expression set out in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as far as it consists of a right to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).”

Moved: Lord Hope of CraigheadSponsor: Lord Collins of Highbury#93809
NotMovedClause 3EditBillBody

after “activity,” insert “including measures to be taken to ensure that a person is not prevented from speaking by attempts to drown out or silence a speaker,”

Moved: Lord Hunt of Kings HeathSponsor: Baroness Morris of Yardley#93929
WithdrawnClause 1EditBillBody

after “activity,” insert “including measures to be taken to ensure that a person is not prevented from speaking by attempts to drown out or silence a speaker,”

Moved: Lord Hunt of Kings HeathSponsor: Baroness Morris of Yardley#93930
NotMovedClause 3EditBillBody

at end insert— “A6A Guidance for students’ unions

Moved: Lord Collins of HighburySponsor: Baroness Thornton, Lord Blunkett, Lord Wallace of Saltaire#94023
AgreedClause 4EditBillBody

after “A5” insert “that causes the person to sustain loss”

Moved: Earl Howe#94029
AgreedClause 4EditBillBody

after “A1” insert “that causes the person to sustain loss”

Moved: Earl Howe#94030
AgreedClause 4EditBillBody

after “A1” insert “that causes the person to sustain loss”

Moved: Earl Howe#94031
AgreedClause 3EditBillBody

leave out “, beliefs or views” and insert “or opinions”

Moved: Earl Howe#94032
AgreedClause 3EditBillBody

leave out “, beliefs or views” and insert “or opinions”

Moved: Earl Howe#94033
AgreedClause 2EditBillBody

at end insert— ““member”, in relation to a constituent institution of a registered higher education provider, does not include a person who is a member of the institution solely because of having been a student of the institution.”

Moved: Earl Howe#94034
AgreedClause 1EditBillBody

at end insert— ““member”, in relation to a registered higher education provider, does not include a person who is a member of the provider solely because of having been a student of the provider;”

Moved: Earl Howe#94035
AgreedClause 1EditBillBody

at end insert— ““the Convention” has the meaning given by section 21(1) of the Human Rights Act 1998;”

Moved: Earl Howe#94036
AgreedClause 1EditBillBody

leave out from “speech” to end of line 38 and insert “are to the freedom to impart ideas, opinions or information (referred to in Article 10(1) of the Convention as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form);”

Moved: Earl Howe#94037
AgreedClause 1EditBillBody

leave out “, beliefs or views” and insert “or opinions”

Moved: Earl Howe#94038
AgreedClause 1EditBillBody

leave out “, beliefs or views” and insert “or opinions”

Moved: Earl Howe#94039
NotMovedClause 1EditBillBody

leave out lines 19 and 20

Moved: Lord Wallace of Saltaire#94067
AgreedClause 1EditBillBody

at end insert— In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void).

Moved: Lord Collins of HighburySponsor: Baroness Thornton, Baroness Barran#94068
AgreedClause 4DeleteClauseOrSchedule

Leave out Clause 4

Moved: Lord WillettsSponsor: Lord Collins of Highbury, Lord Wallace of Saltaire, Baroness Shafik#94070
WithdrawnClause 1EditBillBody

at end insert— to express opinions about the registered higher education provider, including opinions concerning—

Moved: Baroness Fox of Buckley#94071