Examination of Witnesses

Part of Higher Education (Freedom of Speech) Bill – in a Public Bill Committee am 10:31 am ar 7 Medi 2021.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Professor Biggar:

One of your questions was whether the director would be simply an adviser or a regulator-adjudicator. Certainly the second, because he or she would be responsible for judging complaints. That is an adjudicator role. What is more, I imagine that one of the main jobs of the director would be to develop and publish guidance, which would carry authority, so it is more than just advisory.

I think your next question had to do with the impartiality of the director. Those who think there is no problem would prefer a director who agrees with them and changes nothing. Those who think there is a problem want a director who is going to effect a corrective bias. So, someone like me, who thinks there is a problem—and I guess the Government do, given the legislation—wants a director who has a certain partiality of that kind.

Beyond that, the director will occupy a public position. I take it that it will be made clear to the director that this is not to be used for private, partisan purposes. It is a public position. Whatever advice the director is to give will be within the law and it will have to take account of different bodies of law, the Equality Act on one hand and legislation dealing with free speech on the other. There are various constraints but I am not worried about that.