Wednesday 11-01-2023 - 15:49

After over a year of Durham SU campaigning and lobbying on the government's Higher Education (Freedom of Speech) Bill, I am glad to see one of the most concerning parts of the Bill has been removed by the House of Lords! 

Clause 4 of the Bill would have created a “statutory tort” in relation to the Bill’s new freedom of speech duties – this would have meant that individuals could take students’ unions and universities to court if they claimed to have been “cancelled” at a guest speaker event. 

We have tirelessly argued that this would be detrimental for two reasons: first, such legal action could rapidly become costly, especially for students’ unions. Second, the overhanging threat of legal action by individuals would not promote free speech on campus, but actually deter students and societies from inviting guest speakers in the first place. 

We voiced these views to Lord David Willetts, who, alongside other members, introduced an amendment to the Bill which would remove Clause 4 in its entirety. Despite the fact the government tried to offer a watered-down version instead, this amendment was still passed in the Lords by 218 to 175 votes. 

While we at Durham can’t claim the vast majority of the credit for this change, I am proud of the work our students and other student unions did to lobby politicians to support this amendment. I am especially thankful to Charles Lawrence, Chair of the JCR presidents’ committee, and Aalaina Khan, VP of Collingwood JCR and Chair of SU Assembly, for their support in writing to Durham alumni who sit in the House of Lords, and to all the other students and student leaders who also wrote to members – many of these Durham alumni responded positively, and supported the amendment in the debate. 

I am also thankful for the work of other students' unions, including Leicester, Birkbeck and Exeter (to name only a few!), whose contributions have been invaluable over the past year. 

This isn’t the end of the campaign though – the amended Bill has to go back to the House of Commons, where the government may decide to try to reintroduce Clause 4. If this happens, the Lords won’t be able to remove it again. Although we are waiting to decide on our next steps, I can promise that Durham SU will continue with its work in ensuring our campuses remain a place where free speech takes place, and where students can actively contribute to an atmosphere of healthy debate.