European Union (Withdrawal) Bill

Debate between Baroness Deech and Lord Judd

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Baroness Deech (CB)]

Perhaps I may ask the Minister a question in relation to these amendments—I am sorry that I was a little late because of the early start; I may have missed the answer. Given that three times as many European students come here as ours go to Europe—in my experience, ours always wanted to go, and still go, to the USA; given that we know that we will not expel our migrants in any brutal fashion; given that they will presumably want to fly here; given that we have more Indian and Chinese students coming here than we have from the whole EU because our universities are so much better and far higher in the league table than any single continental European university, and given that Australian and Middle Eastern airlines fly in and out all the time, what is the problem? Is the pressure not on European nations? Are they perhaps begging us in the negotiation to allow them freedom of movement to come here to participate in the activities that I have mentioned? Cannot our airlines fly in exactly the same way as Australian, Middle Eastern and American airlines?

[Lord Judd (Lab)]

My noble friend Lord Stevenson invited me to add my words to what he was saying, and I am very glad to do so, but I am associated with some of the other amendments as well. I want to speak honestly from past to past. In 1978, I can vividly remember enjoying being part of the Committee of Ministers in Europe working on mutual recognition of qualifications. What was so exciting about that discussion was that everyone in the room recognised that the issues with which we were dealing could not be contained within national frontiers, that they were all international in character and all crossed frontiers. We recognised that the way we looked at health, at the enhancement of the arts and at the quality of the professions as they built for our future would be best served if we fully co-operated. The measures we sought were there to support the whole concept of co-operation and enhancement of the quality of life for people in Europe. I find it utterly miserable that we have deserted that reality, have deserted that dream and are talking now about regulations to try to salvage a situation into which we should never have strayed.

Higher Education and Research Bill

Debate between Baroness Deech and Lord Judd

Committee: 5th sitting (Hansard): House of Lords
Monday 23rd January 2017 Lords Chamber

[Lord Judd (Lab)]

My Lords, I am very interested to find my amendment surrounded by government amendments, and I am not quite sure whether to interpret that as good will from the Government towards my amendment or what. Due process sounds an awfully boring phrase, but it is often terribly important. My amendment is very brief and to the point and is about due process. I should remind the Committee that I am involved in the governance of three universities—the LSE, the University of Newcastle and the University of Lancaster. The rights to appeal in the Bill are somewhat patchy. In particular, there is no right to appeal against a decision not to register an academic provider or to challenge the suspension of registration. Decisions over the registration, suspension or deregistration of academic institutions represent significant examples of the exercise of discretionary power by the Office for Students. It seems only right that in the exercise of these powers the Office for Students is properly accountable, and my amendment seeks to ensure that. It is not right that it should be accountable to an appeals process for decisions about removal from the register and yet will not have the same accountability for decisions to suspend or not to register. This conforms to the norms of public law that bodies should be properly accountable.

[Baroness Deech (CB)]

My Lords, I support the noble Lord, Lord Judd, and ask the Government whether they have fully considered the appeal and legal implications of this new structure. There is already quite a body of education lawyers. I have no doubt, subject to correction by noble and learned Lords, that every single significant decision in the Bill will be appealed when it comes into force. The awards of gold, silver and bronze will immediately spark judicial review, as will the metrics used for the teaching excellence framework. Grant and non-grant of title are mentioned in the Bill. Registration, validation, numbers of students, access—every single vital decision is unprotected, quite rightly, from appeals and, in particular, judicial review, which could bring a whole system to a halt.

There is already a student complaints system which will, I am sure, expand, given the promises that will have to be made under the new structure being brought into effect by the Bill. Have the Government thoroughly considered all the areas in the Bill that will be open to judicial review and how institutions and the OfS will cope with it?