Skills and Post-16 Education Bill [HL]

Baroness Sherlock Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

[Lord Addington (LD)]

My Lords, having had a look at this amendment, I really put my name down to speak to ensure we can thank the Government when they correct things on the go. It is a precedent that should be encouraged as we go through this, so I thank them for doing it. The description of the amendment the noble Baroness gave made sense to me, so more power to their elbow. I hope they will correct things as they go, with great rapidity.

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the Minister for her explanation of these amendments. From what she said, this appears to be a minor change to Schedule 2 to HERA. I gather it will apply only to providers that have a TEF award but not an access and participation plan, which therefore can charge only the basic fee plus a TEF supplement. The legislation currently says that they have to have held the TEF award on 1 January in the year before the course starts, but I presume it should have said on 1 January before the course starts. That is a good lesson to all of us on the importance of careful drafting. Although it went through in 2017, I am glad they have now been able to correct it.

I take this opportunity to ask the Minister a couple of quick questions. First, will any current providers be affected by this? I imagine that none will be, as the last TEF assessment exercise was in 2018-19. All TEF awards had been due to expire this summer, but were extended to 2023 to give the Government time to create a new TEF scheme and make assessments under it. I imagine that means that the only people who will be affected by this amendment, any time soon, are new providers applying for provisional TEF awards. Could she confirm that? Since that provisional award process has only just opened and the awards will not be confirmed until September, I imagine it will only affect courses starting in 2022, but it seems a sensible move.

We are now in the strange position of most providers having a TEF award but being told by the Office for Students not to advertise it, because the assessments that led to them are now out of date. This is a rather sad state of affairs for a system launched with such fanfare, so could the Minister take this opportunity to give the Committee a brief update on what is happening with TEF and when we can expect to see proposals for a new TEF system?

[Baroness Berridge (Con)]

My Lords, I thank noble Lords for their contributions, particularly the comments of the noble Lord, Lord Addington, and his thanks for this technical amendment to fix an error in the existing legislation. In relation to the points raised by the noble Baroness, Lady Sherlock, as far as I understand it, the most recent TEF assessments were from 2017-18. This is a change to make the legislation fit for purpose for when the new round of TEF is announced. I will write to her with any update of the course for the new TEF.

I had hoped, given that these amendments would not affect any underlying policies, that noble Lords would be able to support them but, in the circumstances, I beg the leave of the Committee to withdraw Amendment 76B.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Adonis, has withdrawn from this group so I call the noble Baroness, Lady Sherlock.

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the noble Baroness, Lady Garden, for stepping into the breach and introducing this amendment and thank all noble Lords who have spoken. I may try to fill in some of the gaps left by the absence of the noble Lord, Lord Storey. I should say at the start that we fully support the outlawing of cheating services.

The Minister needs to address three questions: is there a problem, is it getting worse, and what is the right policy response? I think we now all agree there is a problem. We discussed this recently at the Second Reading of the Private Member’s Bill of the noble Lord, Lord Storey. In responding to that debate, the Minister—the noble Lord, Lord Parkinson of Whitley Bay—acknowledged the growing availability of cheating services and said that this

“puts vulnerable students at risk and threatens the reputation of our world-class higher education sector … it is reprehensible for essay mill companies to profit from a dishonest business that exploits young people’s anxiety and can undermine our world-class institutions.”

Yes, we have a problem. Is it growing? Again, yes, it is. The QAA believes there are now over 1,000 essay mills in operation.

In that debate, the noble Lord, Lord Parkinson, told me that he had not read the paper by Lancaster and Cotarlan published this year in the International Journal for Educational Integrity. I hope that the noble Baroness, Lady Berridge, has read it or that at least she has been given a summary in her brief. It cites the 2015 work by Ardid et al which found no difference in the results students got when they took exams in person or online, provided that both types of exams were supervised. But when students took an exam online and it was not supervised, they got higher marks. That raised the obvious question as to whether students were using contract cheating in online exams. Lancaster and Cotarlan took up the challenge raised by the noble Baroness, Lady Neville-Rolfe, and analysed how one website, Chegg, was used during the pandemic by students in five STEM subjects.

They found that students were using it to request answers to exam-style questions and that these could be put live and answered within the duration of an exam. The number of student requests posted for those five subjects increased by almost 200% between April and August last year compared with the same period the year before. Of course, that was exactly the time when many courses moved to being delivered and assessed online. They conclude that

“students are using Chegg for assessment and exam help frequently and in a way that is not considered permissible by universities.”

In 2016, the QAA said it that would approach the main search engine companies and ask them not to accept adverts for essay mills and to block them from search engines. That does not work. This week I did a search, and loads of them appeared. I visited the Chegg website today and it still says:

“Ask an expert anytime. Take a photo of your question and get an answer in as little as 30 mins.”


There is even a website which acts as a comparison site for essay mills. I went mystery shopping on one website before the Second Reading of the Private Member’s Bill, and last week I tried another one. This time round I priced up an undergraduate essay on Anselm’s ontological argument for the existence of God, with three sources and Chicago referencing. With a new customer’s discount, I could have had 750 words in just three hours for £72. A full 2,500-word essay could be mine in 12 hours for £193. I did not even have to subscribe to find that out.

The noble Lord, Lord Addington, is quite right: if I were a student and I succumbed to this, as well as risking my academic career, I could be putting myself at risk of being blackmailed. The HE blog wonkhe.com has given examples of students who had problems either because they felt the quality of the work was not good enough or they got cold feet, and were told that if they did not pay the fee, and sometimes pay more money, the site would tell the university that they had used an essay mill.

We accept that we have a problem and that it is growing. What is the policy solution? In the past, Ministers have insisted that legislation was not needed, and they would get sector bodies to get tough and issue guidance and penalties. The noble Lord, Lord Parkinson, said that the Government have been working with the HE sector and tech companies but concluded:

“Despite that work, cheating services remain prevalent.”


That takes us to legislation. It is now three years since 46 vice-chancellors wrote a joint letter calling for these websites to be banned. Meanwhile, other countries have banned essay mills, including New Zealand, South Africa and, most recently, Australia and Ireland.

On 25 June, the noble Lord, Lord Parkinson, mentioned emerging evidence from Ireland and Australia which

“suggests that those laws are deterring essay mills from providing services to students, and regulators there have reported that having the legislation has provided them with more tools to engage students, higher education providers and cheating services”.—[Official Report, 25/6/21; cols. 536-37.]

Can the Minister tell the Committee why the Government do not think British students deserve the same protection from being preyed on as students in those countries? Contract cheating is a growing problem which puts students at risk and threatens academic integrity. If it keeps growing, it will start to disadvantage students who will not cheat, and that is a problem for all of us. We need to know that our doctors, engineers and lawyers have qualified based on their own merits, not on those of strangers on the internet.

So when will the Government act? If the Minister does not like this amendment, fine: she can bring her own back on Report. But if she does not, how long will we have to wait for another legislative opportunity to deal with a problem which even Ministers acknowledge is real and growing? I look forward to hearing her reply.

[Baroness Berridge (Con)]

I begin by thanking the noble Baroness, Lady Garden, for moving Amendment 77 on behalf of the noble Lord, Lord Storey. It would make it a criminal offence to provide or advertise academic cheating services in connection with post-16 education. I pay tribute to the tenacity and detail with which the noble Baroness, Lady Sherlock, has given your Lordships examples of the situation, which the Government accept is a growing problem. The noble Lord, Lord Storey, is obviously to be commended for his unstinting efforts to clamp down on essay mills, where unscrupulous online operators write assignments and other pieces of work for students for financial gain.

The Government have consistently made it clear that using these services is unacceptable. Research indicates that cheating services are prevalent, and the evidence suggests that higher education is the area of greatest risk. This is despite the Government working closely with the higher education sector to clamp down on the cheating services, and we have worked with the Quality Assurance Agency for Higher Education, the National Union of Students and Universities UK to produce guidance for providers on how to combat contract cheating. On a specific point raised by several noble Lords, we have worked with the National Union of Students, which has also provided advice for students so that they are aware of the consequences of contract cheating, sending a clear message that these services are not legitimate.

The use of plagiarised assessments is, of course, unacceptable and, as my noble friend Lady Neville-Rolfe said, it devalues the hard work of those who succeed on their own merit, as well as potentially undermining the reputation of our world-class higher education sector.

As the noble Baroness, Lady Garden, will know, that is why the Government welcomed the principles set out in the Private Member’s Bill of the noble Lord, Lord Storey, the Higher Education Cheating Services Prohibition Bill, at its Second Reading, and we agree that we should put an end to the scourge of essay mills.

However, the noble Lord’s amendment would make the provision and advertising of cheating services to all post-16 further education and higher education a criminal offence. Although we support the principles behind the amendment, there is little evidence to suggest that cheating services are a problem in post-16 and further education providers, as they are for higher education. We are therefore of the view that this Bill is not the appropriate vehicle for this important policy.

To note the points made by the noble Lord, Lord Addington, the amendment lacks sufficient legal detail and precision to demonstrate how it would work in practice. We shall, however, be working with the noble Lord, Lord Storey, on his Bill, which covers much of the same ground. It is important that, when we legislate in this area, we legislate correctly and make clear the implications for those who use these services. Sometimes, that can be a response of support for vulnerable students; but, in certain situations, that will be a sanction. We need to make clear, as the amendment does not, what will be the penalties for either advertising or being a service that offers cheating services, or essay mills, and what sanction will follow. I therefore hope that the noble Baroness, Lady Garden, will feel comfortable in withdrawing the amendment.

--- Later in debate ---

[Baroness Garden of Frognal (LD)]

My Lords, I am always loath to take issue with the noble Lord, Lord Willetts, who generally is a very good thing, but on this amendment I express long-felt reservations that universities should not be rated on the earnings of their graduates. Indeed, they should not really be concerned about the earnings of their graduates.

This is partly because I graduated from Oxford at 21 and immediately married a fellow student and RAF officer, which I never regretted. But we moved 24 times in the next 30 years, so it was impossible for me to have a career. I drifted into teaching, but I could not find any school to employ me. The minute any of them got a whiff that I might be an RAF wife, they lost interest—which was quite often. So I worked as a clerical officer, a filing clerk and a copy typist. That was the real low point of my career, but I was paid six bob an hour and it kept the wolf from the door.

We never had much money. My husband was promoted through nine ranks, each time at the earliest opportunity, but somehow the increased social commitments always took account of the pay rise. When I finally found a proper job, he lost his, when he was told at the 11th hour that it was utterly unacceptable for a commander-in-chief to have a working wife. When he refused to accept this last-minute and pointless condition, his appointment and career were cancelled overnight and a message hurriedly sent up the line to say that this ideal officer, it transpired, was totally unfit for high command because his wife had a job. So that did not go too well.

But I would hate Oxford to think I was a complete waste of space because I could not earn money. I did copious amounts of voluntary work as a mother, an RAF wife, a welfare counsellor, a CAB adviser—even a reluctant unpaid organist, and anything else that would have me. One of my contemporaries went into the Church and has always had a low salary—but why should Oxford be penalised for a wonderful woman vicar?

My mother was awarded a First from Cambridge in the 1930s, but was never allowed to graduate, because it took Cambridge until 1948 to acknowledge its women students as undergraduates. She had to give up her Civil Service job as soon as she was married—so was her degree a waste of space too? My daughter went to teach in Lesotho when she graduated and was paid £5 a week. Should Cambridge have been penalised because of her lack of income?

Women still bear the lion’s share of caring for children, parents and others, and still generally have lower incomes than men, but the amount they contribute to society is no less—some might argue considerably more—so why take it out on universities? Please can we disassociate high earnings from worthwhile degrees? Today’s women have a much better chance of combining family and career, which was impossible for my mother and pretty impossible for my generation—certainly for diplomatic and military wives. But many of us have contributed to society in non-financial and non-quantifiable ways. I hope that universities might value and be valued for that, and not be penalised on our account. Many graduates choose to try to make the world a better place, rather than earn shedloads of money.

On universities not communing with graduates, I would argue that universities are increasingly doing their level best to get hold of their graduates. I would like to think it is because they are genuinely interested in their welfare—and the noble Lord, Lord Adonis, mentioned that they could contribute by tutoring and so on, which is good—but I have a feeling that they mainly want to get hold of their graduates to tap them for money.

This amendment is multifaceted, but I regret the suggestion that universities should be recognised for the earnings that their graduates manage to find in life. I do not think that should be the case.

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the noble Lord, Lord Willetts, for introducing this amendment and all the noble Lords who have spoken. I thank the noble Baroness, Lady Garden, for sharing her experiences just then—horrific though one of them was. I am sure Oxford is duly proud of her now, and so it should be. Like her, I am not sure who should be blamed for my career—the institution where I did my first degree, the one that offered me a mid-career MBA or the one where I did my more recent theological training. Anyway, none of them can be suitably blamed.

In general, I am a big fan of data—any data, but especially robust data at scale. I like it being used to inform policy-making and am happy for it to be there as part of a feedback loop. So anything that can help universities get a richer picture of what happens to their graduates after they leave is probably a good thing—but that does not necessarily mean I want a straight line from that to the way the Government fund or regulate them.