Key Facts

• The Office for Students (OfS) regulates higher education in England.
• Clause amends duties of OfS under the Higher Education and Research Act 2017.
• Section 69A mandates OfS to report on freedom of speech and academic freedom.
• The amendment seeks annual reporting on events cancelled following complaints about speakers' opinions.
• Reporting must be careful not to duplicate existing requirements under section 8 of the Higher Education and Research Act 2017.
• Under registration condition F3, all registered providers are required to provide information to the OfS.
• The OfS is required to provide information and cooperate with monitoring or investigations as requested.
• Professor Kaufmann's evidence suggests no-platforming incidents are minimal (just a handful among some 10,000 events).
• Witnesses testified about the chilling effect of self-censorship in universities.
• Clause 5 amends the Higher Education and Research Act 2017.
• Proposed new section 8A requires institutions to ensure governing documents uphold freedom of speech duties.
• Institutions must also comply with duties under sections A1 to A3 as inserted by clause 1 of the Bill.
• The Office of the Independent Adjudicator's membership has increased from 150 providers in 2014 to almost 800 providers in 2021.
• Amendment 77 would introduce an upper limit on fines for breaches under the Bill.
• There is a concern that the one-size-fits-all fining system could disproportionately impact smaller student unions with fewer resources.
• The amendment proposes setting a maximum monetary penalty for student unions by the Office for Students following consultation.
• The current Bill allows the Secretary of State to set regulations for penalties subject to parliamentary scrutiny.
• Previous legislation, section 15 of the Higher Education and Research Act 2017, also sets out monetary penalties imposed on higher education providers.
• The process is in line with section 15 of the 2017 Act.
• Careful consideration will be given to the status and financial position of student unions, as well as their varying sizes when setting penalties.
• Regulations will provide provisions about matters to which the OfS must or must not have regard when imposing penalties.
• Clause 6 extends regulatory functions of the Office for Students under the Higher Education and Research Act 2017.
• New section 69B allows the OfS to impose monetary penalties on non-compliant student unions.
• The clause requires student unions to provide information to the OfS as part of its monitoring duties.
• The Bill will regulate student unions on freedom of speech matters.
• Charity law will still apply to registered charities.
• There is concern that the regulation may lead to contradictory decisions between the OfS and the Charity Commission.
• Amendments made include inserting “, their constituent institutions” after “providers” on page 7 line 41.
• Amendment 9 proposes inserting “or of a constituent institution of such a provider” on page 8 line 15.
• The amendments are designed to secure that the free speech complaints scheme applies consistently across all relevant entities.
• Amendment 35 would restrict eligibility for complaints to current members or staff of a higher education provider.
• Amendments 36 and 37 propose imposing a five-year time limit on who may bring a complaint to the OfS scheme.
• The OIA only considers complaints made within 12 months of a final decision by a higher education provider.
• There is no time limit specified in the Bill.
• The OfS will set an appropriate time limit based on consultations with stakeholders.
• Amendment 35 would restrict complaints to current members only, thus it will not be included.