We always have to come back to what the Bill specifies that a university should do, which is to take reasonably practicable steps. That is governed by the circumstances and facts of the case, which the university will have to weigh up: the pros and the cons, the arguments on either side. That is nothing different from what they do at the moment. In a later group, the ninth, I think, we shall come to the issue of tort and, if the noble Baroness will forgive me, I will not cover that now, but I shall cover the questions that she asked me about who exactly we are referring to in subsections (2) and (3) of proposed new Section A1.
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Those protected under proposed new Section A1 are only those categories of individuals mentioned in subsection (2). The objective of the duty is to secure freedom of speech for those persons. That is done, in particular, by securing the matters referred to in subsection (3), which includes securing that the use of premises is not denied to any individual or body on certain grounds. What is said in subsection (3) is a way of securing freedom of speech for the persons mentioned in subsection (2), not for any individual or body, as referred to in subsection (3).
The noble Baroness asked me about visiting speakers. “Visiting speaker” is a term already used in the Education (No. 2) Act 1986. It is not defined, so it has its normal meaning in English. We are using the same term and not changing its meaning, which providers have understood for 35 years. We are clear that it is not anyone who wants to speak, and there is no right to a platform. Someone who is not invited or even contacted would, on the normal construction of the words, not be considered to be a visiting speaker. We should note that a person is eligible to complain to the OfS if they were or were at any time invited to be a visiting speaker —paragraph 1 of Schedule 6A makes that clear.
It is vital that members, as a group of senior and respected individuals closely involved in university life, should be protected under the Bill so that they are able to talk about academic and other matters without fear of repercussion, just as academic stuff are protected, as I have just outlined.