Office for Students: Appointment

Debate between Dawn Butler and Lord Johnson of Marylebone

Monday 8th January 2018 Commons Chamber

[Dawn Butler (Brent Central) (Lab)]

(Urgent Question): To ask the Secretary of State for Education to make a statement on the appointment of Toby Young to the board of the Office for Students.

[The Minister for Universities, Science, Research and Innovation (Joseph Johnson)]

The Office for Students came into being on 1 January and will be operational from April. It will put quality of teaching, student choice and value for money at the heart of what it does. It will be helped in that regard by a remarkably broad and strong board bringing together a wide range of talents and backgrounds, including vice-chancellors, graduate employers and legal and regulatory experts, as well as a student representative mandated by statute. The board also brings a diversity of views: its excellent chair, Sir Michael Barber, was a senior adviser to a former Labour Prime Minister; and several of its members have declared themselves to be past or present members of the Labour party. This is clearly not a body of Conservative stooges, but one that draws on talent wherever it can be found.

The Opposition have called this debate to discuss one of the board’s 15 members, Toby Young. They would have us believe that he is not qualified or suitable to be on the board. Yes, Mr Young is not a university insider, but a board made up only of university insiders would be hard pressed to provide the scrutiny and challenge to the sector that students and taxpayers deserve. Indeed, the Higher Education and Research Act 2017 requires the Secretary of State to have regard to the desirability of the board’s members having, between them, far wider experience, including experience of promoting choice for consumers and encouraging competition. Mr Young has real experience of both as the founder of the West London Free School, and now as director of the New Schools Network, helping parents around the country to set up schools of their own. That experience will be important to a new regulator that will be charged with creating a level playing field for high-quality new providers to offer degrees alongside established universities.

At the West London Free School, which Mr Young set up, 38.5% of children receive the pupil premium, and they have done better than the national average for those on the pupil premium this year and last. A parent-governor at the school described him this week as being

“committed to public education, academic excellence, and greater opportunities for kids from lower incomes”.

He has won praise for supporting diversity by making the school a safe and supportive place for LGBT+ students. He is also an eloquent advocate of free speech, a value that is intrinsic to successful universities and which the OFS has undertaken to uphold. He has served with credit on the board of the US-UK Fulbright Commission, where he has been a strong supporter of the commission’s work with the Sutton Trust to help disadvantaged young people to attend US universities. Indeed, the chair of the Fulbright Commission, Sir Nigel Sheinwald, described Mr Young as an effective, committed and energetic commissioner, saying that he had seen no evidence that any of Mr Young’s remarks had influenced him in despatching his duties as a commissioner.

The hon. Member for Brent Central (Dawn Butler) has called today’s debate to discuss tweets and remarks, some of which go back to the 1980s. These were foolish and wrong, and do not reflect the values of the Government, but I am not aware that anything Toby Young has said in the past has been found to have breached our strong discrimination laws, which are among the toughest in the world. In future, of course, he will be bound to comply with the Equality Act 2010 when performing all his functions for the Office for Students. Regardless of the legal position, it is of course right that Mr Young has apologised unreservedly to the OFS board. It is also right that he has said that he regrets the comments and given an undertaking that the kind of remarks he made in the past will not be repeated. So be in no doubt that if he or any board member were to make these kinds of inappropriate comments in the future, they would be dismissed.

As the Prime Minister said yesterday, since these comments and tweets, Mr Young has been doing “exceedingly good work” in our education system, and it is for that reason that he is well placed to make a valuable contribution to the work of the board of the Office for Students, where he will continue to do much more to support the disadvantaged than so many of his armchair critics.

[Dawn Butler]

It is not lost on me that I am up against one of the Johnson brothers and asking questions about one of their mates.

Mr Speaker,

“Violent, sexist and homophobic language must have no place in our society, and parliamentarians of all parties have a duty to stamp out this sort of behaviour wherever we encounter it, and condemn it in the strongest possible terms.”

Those are the words of the Secretary of State for Education and Minister for Women and Equalities, the right hon. Member for Putney (Justine Greening), and it is a shame that she is not here today—I am not quite sure what job she has at the moment. I note that the Leader of the House is with us. She chairs an excellent committee in which we talk about eradicating sexual harassment, victimisation and bullying, and changing the culture in this House. I am therefore flabbergasted by this decision, and it is beyond me how the Minister can stand up and support the appointment of Toby Young. I find it hard to comprehend the appointment; I believe that it leaves the credibility of the Office for Students in tatters.

There are three areas that need to be urgently addressed today. The first is the process. What process was followed? Was the Nolan principle, as outlined in the application, applied? Was due process followed in all cases? Who was the independent assessor—I cannot find that person’s name? Why did the Department for Education exaggerate Toby Young’s qualifications and suitability for the role? Has the Commissioner for Public Appointments approved the appointment?

The second area is suitability. Have the Department for Education’s guidelines on the seven principles of public life been upheld? Most people would laugh at that, but I will leave the Minister to respond. Toby Young’s long history of misogyny and homophobia makes a mockery of such guidelines. A man who wrote about how he went to a gay club dressed as a woman in order to molest lesbians is far from appropriate. Far from apologising, however, he has defended his actions, citing free speech. That might be free speech, but surely it also shows that he is not suitable to hold public office. Just 13 months ago, someone put a sexual harassment policy document on Toby Young’s desk. He said:

“The next bit was underlined in red felt-tip pen: ‘A joke considered amusing by one may be offensive to another.’ I found out just how true those words were when I hired a strippergram to surprise a male colleague on his birthday on what turned out to be Take Our Daughters to Work Day.”

I challenge the Minister to explain that.

The third area is merit. The Prime Minister said on the steps of No. 10 that people would be promoted on the basis of merit, not privilege. Is that still the case, or does having friends like the Johnsons override all that? There are over 800 free schools, meaning that there is a plethora of suitable people who meet the criteria to be involved in the Office for Students. Is this simply a case of jobs for the boys? The Foreign Secretary—the Minister’s brother—declared that Toby Young has caustic wit, making him the ideal man for the job, but if boasting of masturbating over pictures of dying and starving children is caustic wit, I have most definitely lost my sense of humour. Why was the Prime Minister not aware of the comments before the appointment was made?

It is not too late. If there is an apology, rather than a statement of regret, will the Minister place it in the Library along with the more than 40,000 deleted tweets?

[Joseph Johnson]

On the point of process, Mr Young’s appointment to the board of the Office for Students was made in line with the Commissioner for Public Appointments’ code of practice, and Mr Young was appointed following a fair and open competition. He was selected for interview based on the advertised criteria and interviewed by the same panel that interviewed all other board candidates. Sir Michael Barber, who is the chair of the Office for Students, was one of the panel members, along with a senior civil servant and an independent panel member from the higher education sector, and that panel found Mr Young to be appointable.

As for whether the Department for Education exaggerated Mr Young’s qualifications, it absolutely and categorically did not. Mr Young was a teaching fellow at Harvard and a teaching assistant at Cambridge, positions for which he received payment. The Department for Education never claimed that they were academic posts. As I have said, Mr Young is a Fulbright commissioner and co-founded the West London Free School, and that experience will be vital in encouraging new providers and ensuring that more universities are working effectively with schools.