Motion A

Part of Higher Education (Freedom of Speech) Bill - Commons Amendment – in the House of Lords at 6:00 pm on 10 May 2023.

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Earl Howe:

Moved by Earl Howe

That this House do not insist on its Amendment 10E to which the Commons have disagreed and do agree with the Commons in their Amendment 10F in lieu.

10F: Page 6, line 27, at end insert—“(2) In subsection (1), “loss” means loss of any kind (pecuniary or non-pecuniary).(3) A person may bring proceedings under subsection (1) only if—(a) the person has brought a complaint relating to the same subject matter as the proceedings under a relevant complaints scheme, and(b) a decision has been made under that scheme as to the extent to which the complaint was justified.(4) Each of the following is a “relevant complaints scheme”—(a) the scheme provided by virtue of Schedule 6A (the free speech complaints scheme), and(b) the scheme for the review of qualifying complaints (within the meaning of section 12 of the Higher Education Act 2004) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).(5) Subsection (3) does not apply where the civil proceedings under subsection (1) are for an injunction only.”