Chamber and committees

Scottish higher education institutions are autonomous bodies, and any partnerships they enter are a matter for them and their governing bodies.

The Scottish Government expects Scottish universities to carefully consider and manage the reputational, ethical and security risks associated with any partnerships within global academic networks engaged in defence, surveillance, or dual-use technology research. This includes conducting due diligence, taking into account key sector guidance, and remaining compliant with relevant legal requirements, such as the National Security Act 2023 and National Security and Investment Act 2021.

The Scottish Government has no plans to issue additional guidance for universities and research institutions regarding collaboration with Chinese entities that UK intelligence agencies have deemed a security risk.

Universities are autonomous institutions and are responsible for ensuring their alliances and partnerships are safe and appropriate. Ministers expect all institutions to understand and manage the risks associated with international partnerships and conduct appropriate due diligence.

Whilst national security is reserved to the UK Government, we expect universities to comply with relevant legal requirements, including the National Security Act 2023, and National Security and Investment Act 2021. We also expect our universities to carefully consider advice and existing guidance from bodies such as Universities UK, and the UK Government’s Research Collaboration Advice Team, to support them in managing risks of international partnerships.

The Scottish Government has made clear that it accepts the judgment of the Supreme Court.

Although universities are autonomous institutions, we expect them to be conducting due diligence on international research agreements - including complying with relevant legal requirements already in place and carefully considering guidance published by Universities UK, and the UK Government’s Research Collaboration Advice Team, to support them in managing risks of international partnerships.

The Scottish Government accepts the Supreme Court judgment.

The Supreme Court counselled against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not. The ruling gives clarity on the interpretation of two pieces of relevant legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions. The Scottish Government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and as the Supreme Court recognised, our approach was consistent with advice then given by the EHRC.

The Scottish Government has no plans to introduce legislation in relation to freedom of speech at universities, however it fully supports individuals’ rights to freedom of expression, and believes universities to be places where freedom of expression should always be promoted and fostered, but this should be done in a courteous and respectful manner.

The Scottish Government expects universities to comply with relevant legal requirements in respect of academic freedom (which is addressed in section 26 of the Further and Higher Education (Scotland) Act 2005), and carefully consider existing Equality and Human Rights Commission (EHRC) guidance on freedom of expression for higher education providers in Scotland.

The Scottish Government has received six complaints in the last five years relating to concerns regarding freedom of speech on university campuses.

The Scottish Government expects institutions to comply with relevant legal requirements already in place, and carefully consider existing Equality and Human Rights Commission guidance on freedom of expression for higher education providers in Scotland. In 2020 the Scottish Funding Council entered into a Memorandum of Understanding with the Equalities & Human Rights Commission to support colleges and universities in meeting Public Sector Equality Duty requirements.

The Scottish Government has not had any discussions with the Scottish Funding Council, or individual universities, regarding the Office for Students’ ruling concerning the University of Sussex in March 2025.

The Scottish Government fully supports individuals’ rights to freedom of expression, and believes universities to be places where freedom of expression should always be promoted and fostered, but this should be done in a courteous and respectful manner. As autonomous bodies, universities are responsible for internal institutional matters such as complaints made or disciplinary action taken against staff and students.