Immigration: Foreign University Students

Debate between Baroness Brinton and Lord Henley

Tuesday 3rd July 2012 Lords Chamber

[Baroness Brinton]

My Lords, given the Minister’s response to the noble Lord, Lord Hannay of Chiswick, is he aware of the OECD definition of permanent migration, which has a subset that specifically excludes international students? On this basis, does the Minister agree that the UK should follow the example of the USA, Canada and Australia, all of which use this subcategory from the overall immigration numbers?

[Lord Henley]

We should follow the United States, Australia and other countries that the noble Baroness mentioned, and stick with the United Nations measures, and that is what we will do.

Migration: University-sponsored Students

Debate between Baroness Brinton and Lord Henley

Monday 30th April 2012 Lords Chamber

[Lord Henley]

I think that if the noble Lord looks at the statistics he will find that there has actually been an increase in the number of students from Malaysia and Singapore. I appreciate that there has been a decline in the number from India, but there have been increases from elsewhere. Here we are talking about university students, and we have not seen an overall drop in those numbers.

Again I go back to the point that it is quite obvious that the noble Lord seeks to ask me to fiddle the figures. I do not want to do that.

[Baroness Brinton]

My Lords, if the Government are not happy to change the system of permanent and temporary migration figures, and given that in the past they have said that they cannot always track students leaving the country, will they please consider using the HESA statistics, which record students when they leave the country—or, even better, get the border agency to ask students as they leave whether they have completed their studies rather than just where they are going?

[Lord Henley]

My noble friend goes on to a somewhat more detailed point, which I will have to look at. I would certainly be more than happy to do that and write to her.

Protection of Freedoms Bill

Debate between Baroness Brinton and Lord Henley

Tuesday 24th April 2012 Lords Chamber

[Lord Henley]

My Lords, my understanding and what I was trying to get over is that, with the introduction of appropriate training in how the police prosecute in these matters, her amendment is not necessary. I therefore think I am right in saying that what I have said would be covered by my noble and learned friend’s point.

[Baroness Brinton]

I apologise for casting aspersions on the Home Office. I got my departments muddled. Unfortunately, it was the Ministry of Justice that has a department with such a name.

[Lord Henley]

I, as always, speak for Her Majesty’s Government when I am at this Dispatch Box, but on this occasion I cannot honestly answer for the Ministry of Justice. All that I was trying to do was clear the name of my department, but I am sure that other Justice Ministers will in due course be able to respond to my noble friend’s point.

Protection of Freedoms Bill

Debate between Baroness Brinton and Lord Henley

Thursday 12th January 2012 Grand Committee

[Lord Henley]

My Lords, I start by saying that whatever arguments I put forward will not be based on those of the drafting point made by the noble and learned Lord, Lord Scott. However, I take his point that new section (1A)(a)(i) and (ii) are possibly unnecessary as they seem to include everyone. It would therefore be possible to delete the words from “by” onwards and just talk about what is published.

I make it clear to the noble Baroness, Lady Blackstone, and others that the Scottish, Irish and United States legislation have not been my bedside reading for some time. I am not completely and utterly familiar with them but I will no doubt make sure that I am made totally familiar with them and look at the consequences of what they do. An important point to remember in all the arguments put to me is the remark of the noble Baroness, Lady Warwick, that, if it does no harm, the amendment ought to be accepted. I am not sure that one should accept amendments merely because they do no harm. I want to make it clear that we are committed to transparency in this area. We will not introduce new exemptions from disclosure unless the necessity of doing so has been clearly demonstrated.

I recognise that a number of noble Lords have expressed considerable concern. We have devoted almost three-quarters of an hour to this matter. I commend my noble friend Lady Brinton for the admirable brevity with which she set out her case and expressed her concerns. I am aware that there are major concerns in the whole sector about the potential for the disclosure of information under the FOI Act which could undermine the United Kingdom’s academic research. We all accept that the UK is at the very forefront of international research and that it is vital that that position should be maintained. We wish to do that. I am more than happy to see noble Lords between now and Report if they want to make the case for needing to go further and to explain why they believe that the existing exemptions, properly applied, do not provide the appropriate protection.

I am aware that only in January of last year the Science and Technology Committee recommended in its report in relation to events at the University of East Anglia’s climate research unit that the application of the Freedom of Information Act to research material required clarification. There is in fact little evidence to demonstrate that existing provisions within the Freedom of Information Act do not provide adequate protection for research-related information. The circumstances provided for in this amendment are already provided for in existing exemptions. For example, exemptions exist which may be used, subject to a public interest test, to protect information the disclosure of which would at least be likely to prejudice commercial interests, health and safety, and the effective conduct of public affairs, as well as information intended for future publication. There is a clear public interest in protecting research information from disclosure in appropriate circumstances, and the Act passed by the previous Government—and I do not know why the Opposition now wish to amend it when there is no evidence that it needs amendment—is designed to ensure that public interest factors are given proper weight when exemptions are applied. Furthermore, the Act contains provisions protecting information provided in confidence and in relation to personal data.

Any new exemption within the Freedom of Information Act would also have no relevance to research on environmental matters. Requests for environmental information are considered not under the Freedom of Information Act but under the Environmental Information Regulations, and this amendment would not affect those. All information held by the higher education sector, including that relating to research programmes, has been subject to the Freedom of Information Act for seven years. The noble Baroness will remember, as she was probably a member of the Government at the time when it was passed in 2000 and came into effect in 2005. The Freedom of Information provisions within the Bill, in Clauses 100 to 102, build on a regime that is already firmly in place. I know that my noble friend Lady Brinton will be aware that the Information Commissioner has recently issued guidance for the higher education sector in response to the Science and Technology Committee’s recommendations. This is one reason why it is possible that it will not be necessary for me to study the provisions of the Scottish Act, as well as what they are doing in Ireland and America. The guidance will assist higher education establishments in dealing appropriately with requests for research-related information, and withholding it when it would not be in the public interest to disclose.

As a coalition Government, we are committed to greater transparency. I want to make it clear that we will not introduce exemptions into the Freedom of Information Act unless we can have that clearly demonstrated. I do not believe that it has been clearly demonstrated, but I am more than happy to see my noble friend and others if she feels that she can put a further case. I repeat to the noble Baroness, Lady Blackstone, and others, that I will study what is happening in Scotland—it is near to my heart. But what goes on in a devolved Administration does not necessarily have to be copied in this country. There are times when we can learn from them and times when we find that what they are doing is not necessarily appropriate. I am more than happy to look at it, but I do not think that a case has been made on this occasion. But my door is always open and I am always prepared to see my noble friend and others to discuss this matter, if they feel that I have not got the message appropriately.

[Baroness Brinton]

I thank the Minister for his comments and for his offer of a meeting, which I think myself and others will be very grateful to accept. I start by saying that in addition to the comments that I made, the comments from everybody else who spoke started to provide the evidence that the Minister was looking for in showing how there are problems with the current arrangements. In defence of the Information Commissioner, can I say to the noble Baroness, Lady Royall, that I have no issue with his guidance, which is based on the FOI Act? One of the key points that I was trying to make was that the FOI Act did not envisage the complexities of university research, which is where the issues have arisen. I know that the UUK briefing, which the Minister mentioned that he had just received, will provide some evidence, and I am sure that UUK and RCUK would be delighted to provide more information on specific cases for the Minister to look at.

I want to pick up the point raised by the noble and learned Lord, Lord Scott, about paragraphs (a)(i) and (a)(ii) of the proposed subsection (1A) of the amendment. As I understand it—and I may be wrong—the key point about the Freedom of Information Act is that the only authorities affected by it are public authorities. That is why it is so specific. Thereafter it refers to individuals because there are individuals who work within those authorities. I would be delighted to be proved wrong but that is the basis on which I understand it. If others with more expertise in drafting want to correct that I would be delighted to concede that point.

We have taken some considerable time on this amendment and the only point I want to consider before we finish is to say that the evidence is clearly there. It is also evident from Scotland, the USA and Ireland that these arrangements are working and working well and I hope the Minister will be able to satisfy himself on those accounts. The key point I want to keep returning to is a very selfish one about the commercial viability of English and Welsh universities. They are now on the back foot compared with Scottish universities. I believe that that is inappropriate. We believe very strongly across the House that we want our universities to be able to succeed in the commercial market that is academic research today. Providing a clearer framework for academics through this clause would do that. It would not endanger transparency and access to freedom of information for people who genuinely need it. This is purely protecting a number of areas where there is a complete muddle at the moment that is beginning to affect how our universities can work effectively in the research market. On that basis, and thanking the Minister for his offer of a meeting, I beg leave to withdraw my amendment.

Immigration: Students

Debate between Baroness Brinton and Lord Henley

Tuesday 15th November 2011 Lords Chamber

[Lord Henley]

My Lords, we have tightened up on dependants coming in, but only dependants wishing to study for first degrees. Dependants will still be able to come in for postgraduate courses. I will look at the point that the noble Lord makes in relation to medical students but I am not aware of a fall in the number of medical applications. As I said in answer to the first supplementary question, we seem to have seen a rise over the past year.

[Baroness Brinton]

The UK Border Agency has recently decided that it will no longer accept guarantees from UK higher education institutions for UK-based packages, including part-time work and bursaries. We do not understand the reason for this. Can the Minister explain why the rules have changed, especially given the soundness of most universities in this country?

[Lord Henley]

My Lords, we accept that most of our universities are proper, reputable institutions, and that is why we have given universities additional flexibility in some matters. However, I will look at the specific point that my noble friend has raised. In the main, UK universities are fine on this; the abuse occurs elsewhere.

Higher Education White Paper

Debate between Baroness Brinton and Lord Henley

Tuesday 28th June 2011 Lords Chamber

[Baroness Brinton]

My Lords, I, too, thank the Minister for the Statement. I want to ask two specific questions. The first is on simplifying the regime for obtaining degree-awarding powers and making sure that the qualifications and assessment process for FE colleges and private providers will be the same as it is for universities. One of the strengths of the sector at the moment is the qualification assessment basis, and it would be a shame if it were lost in a diversification of the sector. Secondly, I declare an interest as I was bursar of a Cambridge college for a decade. I am delighted to hear that HMRC is consulting on changing the VAT regime. I am slightly concerned that the Statement refers to “some of the VAT barriers”. That has been a considerable issue to higher education institutions over the years. It has cost them a lot in administrative terms, and the accountancy profession has earned an enormous amount of money by advising universities. Can we be assured that there will be real change in the VAT regime for universities?

[Lord Henley]

I shall be very brief, bearing in mind the time. I think I had better write to the noble Baroness about what we want to do about simplifying degree-awarding powers. As for HMRC’s consultation on VAT, I am always very wary of ever making any commitment that involves the Treasury, so again I think it would be wise if I wrote to my noble friend on that matter.