Draft Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019

Lord Johnson of Marylebone Excerpts

Wednesday 8th May 2019 General Committees

[Joseph Johnson (Orpington) (Con)]

I welcome the regulations. They are an important part of the director for fair access’s powers in ensuring that people from all backgrounds have an opportunity to benefit from higher education. I understand that the Government have been very busy. We have had a lot of business and it has taken an awfully long time for us to reach this stage. I think it is two years since the Higher Education and Research Act received Royal Assent. Although it is good to see that it is still working its way through Parliament, the issue is of sufficient importance that we could perhaps have given a little more energy to ensuring that the director for fair access has the powers that he or she needs to enable everybody to benefit from the opportunities that universities can bring.

The Minister has exercised his judgment very effectively in coming down on the side of moderation on the scale of the penalties. I think that 2% of turnover or £500,000, whichever is the higher, feels about right, and I commend his good judgment on that.

I also commend the shadow Minister, the hon. Member for Blackpool South, for being so diligent in scrutinising the Bill. It has been almost four years now that we have been at it. It was a big piece of legislation, probably the biggest overhaul of higher education legislation in a generation or more, but he has been incredibly thorough and reasonable in his approach to scrutinising the legislation over the many months that it has been taking place.

I agreed with everything the Minister said in his remarks, although I want to pick him up on one tiny point that he made. I think he said that the Higher Education and Research Act was the most amended piece of legislation in parliamentary history, which I am afraid is complete nonsense. Certainly it attracted a lot of excitement, especially in the other place, where their lordships, many of whom have connections to our great higher education institutions, lost no opportunity to table amendments. However, the tabling of an amendment does not mean that the Bill itself is amended. The Government accepted a few amendments that were proposed and the Act is much the better for it. When I was the Minister taking the legislation through the House, I welcomed all of the debate and expertise that the peers in the other place brought to bear, but by no means at all was it a record breaker. I can think of many other bits of legislation that could claim that title.

Lastly, given that we are now moving ahead with regulations that have a bearing on the upper limit that universities may charge in fees, is the Minister able to shed some light on where we are with the Augar review? By my recollection, it is getting on for two years since the launch of that review, which among other things was to opine on the upper limit. Given that the regulations touch directly on that, will he shed some light on whether the review is imminently to report, or will it require a much longer gestation?

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[Chris Skidmore]

I am unable to comment on decisions that may yet have to be taken. I expect a report of this magnitude to be published and, when it is, I am keen to ensure that the sector—as I have said to it—has the opportunity to engage with the report and its consequences. I am on record on specific issues and rumours. I will not prejudge the contents of the report.

[Joseph Johnson]

Has the committee that was producing the Augar report delivered its final report to the Department, and does the Department intend to publish it?

[Chris Skidmore]

I have not seen the report or been made aware of its being fully delivered. All I know is that any decisions that will need to be taken on this interim report into the overall post-18 review will need to be taken by the Department, the Prime Minister, who is fully aware—she commissioned the review in the first place—and Her Majesty’s Treasury. That will be subject to future discussions. It is probably unwise for me, as Universities Minister, to speculate any further on the process, but I know that the sector is keen to engage.

On data use, which speaks to the wider arguments about how we can improve access and participation, that is not a political issue. We share a common desire on both sides of the Committee to ensure that we do more to raise access and participation for under-represented groups and disadvantaged groups.

The hon. Member for Blackpool South mentioned care leavers, and I am equally passionate about looking at that particular group. With the Under-Secretary of State for Education, my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi), I published the care leaver principles. They look at what universities can do and try to spread best practice, such as that which can be seen at Kingston University and the University of Winchester, as well as the academic research looking at how to raise the attainment of care leavers.

I am also keen to ensure that young carers are not ignored and that estranged students are taken into account. I am now in my fifth month as Universities Minister and there is always another group that comes up on the horizon that I feel that I have not considered. I am determined to make sure that nobody is forgotten about in this mix, and that brings me to a wider point on admissions.

I made a speech where I said that I think, when we move forward, we will look beyond access and participation to what I call a student transition experience and progress framework. That sets out that providers must be held to account not just for bringing students through their doors but also for outcomes—for students who are leaving being able to progress successfully through higher education. We probably share that common endeavour. The evidence and impact exchange that has been set up at Nottingham Trent and King’s College London will examine how we can spread best practice and ensure that while the sector is improving at a rapid rate, we continue to ensure that we do not take our foot off the accelerator.

I know that the hon. Member for Blackpool South is fully aware of my comments on the record on minimum entry requirements. I do not believe that there are too many students going to university. If we look at the international context, we need more students going to university and we certainly need more students going into postgraduate education. In my first speech, I set out a road map towards 2.4% being spent on research and development by 2027. I am a passionate believer in the opportunities that higher education brings, and to introduce a minimum entry requirement would cap off the knees of students who should be able to access higher education. Someone might be a victim of domestic violence, or an Army returner, or a student with mental health problems. Just because someone does not achieve the A-level grades that they are expected to achieve does not mean that they should be denied opportunities for the future—I know I probably share that view with other hon. Members on the Committee.

Birkbeck was mentioned. I am very keen to ensure that the post-18 review does not lose sight of the fact that it needs to ensure that we bridge the opportunities between FE and HE. It also needs to ensure that those students who do not go to university at 18, who perhaps enter the world of work and then go back to university when they need to achieve a qualification in order to progress—for example, someone who has been a nursing assistant who needs to go to university to be a qualified nurse—are able to achieve their dreams.

I congratulate Tim Blackman, who has just been announced as the new vice-chancellor of the Open University, moving from Middlesex. I know that he will do an excellent job. It is the 50th anniversary of the Open University. It presents a paradigm—an opportunity —for looking at how lifelong learning can be done as well as possible.

I do not see new providers as a threat or as organisations that should not be given the opportunities of other universities—the Open University was a new provider at one point—and it is right that we allow those new providers to breathe. The regulations provide accountability for new providers, which makes sure that the OfS can work with them and ensure that, if anything untoward takes place, it will be able to hold them to account. That is where responsibility should lie.

I agree with the point the hon. Member for Blackpool South made on the director for fair access and participation. Chris Millward is obviously an excellent individual who has strong ideas about how to expand access and participation. Institutionally, we want to ensure that the director for fair access and participation will be responsible for overseeing the performance of OfS access and participation functions, and for reporting to other members of the OfS on the performance of such functions.

It is right to say this is a delicate balance. When setting out access and participation aspirations, we must not infringe on institutional autonomy, which is one of the hallmarks of our world-class higher education system. We have a duty to protect academic freedom, including in relation to admissions, when carrying out those access and participation plan functions. In continuing with the previous approach, the intention is that the OfS will agree the targets and benchmarks that HE providers set for themselves. This year, the OfS has for the first time put together a common access and participation dataset, which it expects providers to use and set targets with their plans.

The hon. Member for Blackpool South is a fellow historian and obviously equally as interested as I am in the uses of data. I recently set up an HE data advisory committee in the Department for Education to look at some of the wider issues. On the participation of local areas classification, or POLAR, as an effective measure, we agree that more work must be done on the geographical location of disadvantaged pupils, on looking at household income and on what more we can do to ensure that we have a more granular and fine-tuned dataset in order to ensure that we are effectively targeting the students who we want to have opportunities to enter higher education. Should a provider fail to meet the requirements of the access and participation plan, the OfS will be able to hold the provider to account. Where appropriate, the OfS may consider the use of its sanction regime for breaches of registration conditions.

In discussing the regulations today, I hope I have set out the opportunities for the OfS to be held to account when administering the process of whether it should use its fining powers. There are a range of opportunities for the OfS to engage with providers to have that dialogue before implementing any particular penalties. Having had this discussion, I urge Committee members to support the regulations.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019.

Bombardier

Lord Johnson of Marylebone Excerpts

Tuesday 7th May 2019 Commons Chamber

[Joseph Johnson (Orpington) (Con)]

Will my hon. Friend join me in welcoming the substantial investment that Bombardier has recently made in Biggin Hill, where its new business aircraft service centre is creating many opportunities for young people in the London Borough of Bromley?

[Andrew Stephenson]

My hon. Friend is correct to point out that Bombardier is a growing company that is investing in different sectors; it is just strategically realigning itself. I look forward to visiting a different Bombardier site on Thursday—not the one my hon. Friend mentioned—to talk about other investments within the UK. The decision to sell its operations in Northern Ireland is regrettable, but we will work with the company to ensure that the right buyer is found.

Universities: Financial Sustainability

Lord Johnson of Marylebone Excerpts

Monday 11th February 2019 Commons Chamber

[Chris Skidmore]

I will respond to several of those points, but I do not think it is appropriate for the Government or the OfS to comment on the position of individual providers.

In terms of the role of the Office for Students in HE financial sustainability, as I have stated, the new regulatory framework that has been created brings a risk-based approach to monitoring financial viability and sustainability, in order above all to protect student interests. The reforms have provided for that framework, and it means that the OfS, as regulator, can pay greater attention and require more specific action if there is institutional vulnerability.

Ultimately, these are autonomous bodies and leaders of HE providers are responsible for ensuring their institutions’ financial viability. They are not part of the public sector; they are autonomous institutions. During the passage of the Higher Education and Research Act 2017, a key point voted on by Labour Members was that universities would remain independent and autonomous. The OfS will therefore work closely with providers in financial difficulty, but neither the OfS nor the Department for Education will prop up failing providers. The OfS may enhance its monitoring or impose a specific condition of registration, requiring a provider to improve its financial performance, but we need providers at risk of any financial difficulties to come forward, so that we and the OfS can work with them on improving those registration conditions, which may require a provider to strengthen its student protection plan.

I turn to the issue of HE provider failure. The aim of the new HE regulatory approach is that the Office for Students will be able to act in anticipation of developments such as course closure or market exit, rather than in reaction to them. As I have said, under the new regulatory framework, providers must meet a set of registration conditions aimed at ensuring that they are financially viable, sustainable and well-managed organisations. The new HE regulatory framework has been designed to promote diversity, innovation and choice in HE, in the interests of students, and achieving that does not equate to propping up any particular failing HE provider.

In a competitive market, providers that fail to meet quality standards for students’ expectations may see their financial position come under even greater pressure. There is an expectation that providers may, in a small number of cases, exit the market altogether as a result of strong competition. However, the OfS’s primary interest is ensuring that any such closures do not adversely affect students and their ability to conclude their studies and obtain a degree. Students are making a considerable investment when they commit to a programme of study—investing their time, energy and money—and it is important that they should be able to complete those studies.

On protecting students and student protection plans, the OfS has the powers to ensure that all registered HE providers have these plans in place to safeguard students’ interests against the risk of financial failure. It is a registration condition that they have such a student protection plan in place. Student protection plans will set out what students can expect to happen in the event of a course, campus or department closure or if an institution exits the market. The plans must address the specific risks faced by the provider, and may include measures such as the transfer of students to another provider or financial compensation. In addition, the new regulatory framework sets out that all providers must have a refund policy.

On the pensions issue that the hon. Lady mentioned, the Government’s consultation on the teachers’ pension scheme changes closes this Wednesday—13 February. I encourage all providers to participate in that consultation, which is an important one. It is right that this live consultation should seek views on the impact of the proposal on higher education institutions, and we will finalise funding decisions once the consultation has concluded.

The hon. Lady mentioned the post-18 review being led by Philip Augar, which is still ongoing. More information on the review will be available in due course, and it will be published in due course. I will not speculate on what recommendations the independent panel will make on HE tuition fees, or on what the final conclusions will be. However, the post-18 review terms of reference include a focus on ensuring choice and competition across the joined-up post-18 education and training sector. The review will look at how to support a more dynamic market in provision while maintaining the financial sustainability of a world-class higher education and research sector. I look forward to the review being published in due course.

When it comes to the hon. Lady’s own position on the financial sustainability of the HE sector, I have to say that of all the universities I have visited and all the vice-chancellors I have spoken to, not one supports Labour’s position of removing tuition fees and completely crippling the HE sector’s financial position. The removal of fees completely would ensure that instability returned and student number caps returned. When it comes to access and participation plans, the money spent on them has risen from £430 million to £860 million in recent years, and that money would end up being capped. Labour does not have any answer on what it would do to ensure that the finance of our universities is protected for the longer term.

[Joseph Johnson (Orpington) (Con)]

May I congratulate my hon. Friend on the excellent start he is making on what is the best job in government? Universities’ financial sustainability and our soft power as a country depend on our ability to compete successfully for international students around the world. Does my hon. Friend agree with me that we should put in place a competitive offer for international students by restoring the two-year post-study work visa that we mistakenly abolished in 2012?

[Chris Skidmore]

I thank my hon. Friend for the work he put in as one of my predecessors as Universities Minister. The establishment of the Office for Students was very much down to his hard work. I remember the Higher Education and Research Act as the most amended piece of legislation in the history of this place, and he did a sterling job in making sure that we have the regulatory framework in place to ensure that we protect against financial failure in the market.

When it comes to international students, the Government are absolutely determined to press forward and look internationally at what we can do. Our universities are world-class and world-leading organisations. We have had roughly 460,000 applications from the EU and internationally this year—the highest level of applications ever seen. We will be publishing an international education strategy in the spring. We are clear that we have removed the cap on international student numbers, and we want to do more to ensure that we can increase our ability to compete not just nationally but internationally with other countries that also recognise the value of higher education at the international level.

Office for Students: Appointment

Lord Johnson of Marylebone Excerpts

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.

[Robert Halfon (Harlow) (Con)]

The Minister will know that I am a supporter of his work and of universities, but things have gone badly wrong here. I accept that Mr Young has done great work on free schools, but so have many other people. I am not talking about the things he has done on Twitter; I am more concerned about some quite dark articles in which he talks about the disabled and the working classes. Much more significantly—I have the article here—in 2015 he talked about what he calls “progressive eugenics”, which is incredibly dark and dangerous stuff. I suggest that my hon. Friend look again at the appointment, because I do not think that it will give students confidence.

--- Later in debate ---

[Joseph Johnson]

I always listen closely to what my right hon. Friend, the Chair of the Education Committee, has to say, and I will look carefully at the article he has with him. Mr Young has expressed his regret and has apologised unreservedly for comments that, in some cases, were made in the 1980s. These are often very old writings and old pieces of work. I think that it is more helpful to Members if we focus on what he does rather than what he says. He has been a champion of students and of children with disabilities in mainstream education. He has a brother with learning disabilities and is a patron of the residential care home in which his brother lives, so we should not characterise him in the crude terms that Opposition Members have used. His deeds matter much more than the terms and the tweets that he has disowned.

[Several hon. Members rose—]

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[Alan Brown]

Happy new year, Mr Speaker.

This appointment sums up this incompetent Government. Toby Young is a Tory crony, and the Department for Education exaggerated his qualifications. He thinks teachers have it easy. He has shown prejudice against the working class. He has written several misogynistic tweets and, as we have heard, talked about masturbating to Comic Relief images of children in Africa. When that came to light, the reaction of Tory MPs, including the Foreign Secretary, was to defend him.

Young himself does not seem to care. He has not made a full apology, and he says that most of the tweets are several years old, which also seems to be the Minister’s attitude. Frankly, the Minister is putting his head in the sand. It was only two years ago that Toby Young was writing about eugenics for the working class. This House is supposed to be trying to be seen to clean up its act and Conservative Members were only too keen to call for action against the hon. Member for Sheffield, Hallam (Jared O'Mara) when his inappropriate tweets were made public, so the rank hypocrisy is absolutely stinking.

It has been suggested that Toby Young is on a yellow card, so will the Minister tell us what constitutes a red card? Will this appointment process be reviewed? What will the Government do to allay the concerns of the National Education Union, of students and of the wider general public? And when will the Government lead by example?

[Joseph Johnson]

I refer the hon. Gentleman to the Prime Minister’s remarks yesterday on “The Andrew Marr Show.” The Prime Minister was absolutely explicit that she expects no repetition of any of the remarks, comments or utterances that have been the subject of considerable attention over the past week. Any member of the board of the Office for Students who says such things will no longer carry on in that position, and that will be the position going forward.

[Mrs Maria Miller (Basingstoke) (Con)]

What account did the independent appointment process take of the public views of candidates, particularly when those views might be so clearly at odds with the equality principles that the Government clearly support?

[Joseph Johnson]

Of course, the Office for Students is there to represent all interests in our higher education system. The Higher Education and Research Act 2017 puts an obligation on the Secretary of State to have regard to a wide range of factors in making such appointments, including that board members must reflect the broad range of higher education providers, those who experience higher education—the students—and those, such as taxpayers and businesses, who either pay for higher education or are on the receiving end of its product in the flow of graduates into the workforce. The Government are, of course, attentive to reactions to appointments to the board, and we want the board to be highly effective in delivering on the core duties of the Office for Students.

[Lucy Powell]

rose—

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[Mr Speaker]

The hon. Member for Manchester Central (Lucy Powell) looked almost inconsolable not to be called. It is true that I was looking in her direction at an earlier stage and might very well do so again, but it would be a pity to squander her at too early a stage of our proceeding. I am saving her up.

[Joseph Johnson]

In response to the question of the hon. Member for Manchester, Gorton (Afzal Khan), and to many other questions that might relate to individual tweets, articles or comments made by Mr Young over a long period of time, the answer is basically the same. Mr Young has acknowledged, and the Government have recognised, that much of what he said was foolish, wrong, offensive or obnoxious, and it is right that he has apologised and expressed regret for what he has said, written and done. It clearly does not reflect the values of the Office for Students or of the Government, but it is also important to recognise that, since he made many of those remarks, he has continued to make a valuable contribution to our education system, to the work of the Fulbright Commission and to the network of free schools across the country, and it is for that reason that he has been appointed to the board of the Office for Students.

[Several hon. Members rose—]

[Andrea Jenkyns (Morley and Outwood) (Con)]

Thank you very much, Mr Speaker. It was good to have you at the wedding.

Labour Members feign outrage at Mr Young’s use of social media, but perhaps they should look at the way their own Labour activists and Momentum have treated other candidates, including during the general election. I got attacked by someone called “Corbyn Chick” for being an unmarried mother—where are the family values there? Perhaps Labour Members—[Interruption.] Perhaps if they listened rather than shouted—[Interruption.] Perhaps they should look at how their own Momentum activists and Labour party activists treat other candidates on social media. Why the hypocrisy?

[Joseph Johnson]

My hon. Friend makes an important point about double standards, because misogyny and misogynistic attitudes are rampant on the Labour Benches, as has been acknowledged by the hon. Member for Birmingham, Yardley (Jess Phillips), who has described a persistent pattern of

“low-level non-violent misogyny”

at the top of the Labour party. It is important that Labour Members—[Interruption.] That is what she said. It is important that Labour Members do not apply double standards when addressing this question. [Interruption.]

[Mr Speaker]

Order. I just say to the shadow Transport Secretary: sir, if you were a motor car, you would go from 0 to 60 in about five seconds. It is a discernible trait that I have discerned in you over a period of years and I wish to help you with this condition. Calm yourself. Just be a little calmer. There are many, many hours to go and there are many important developments to take place. Now, after due patience having been exercised, I call Lucy Powell.

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[Joseph Johnson]

We have armchair critics who do not do half as much good as Mr Young does for disadvantaged students in London and across the country. The hon. Lady has questioned the record of the West London Free School, but its GCSE results for 2016 put it in the top 10% of all English schools in the country.

[Dr Sarah Wollaston (Totnes) (Con)]

I am afraid that I feel Mr Young’s comments do cross a line and are indicative of an underlying character. We are talking about the kind of person who would tweet comments to a woman about masturbating over images of refugees—this does just cross a line. I feel that he should withdraw. When we apply for jobs, we all say whether or not there is anything in our past that could cause embarrassment. If that question was asked and it was answered “no”, there is clearly a case for the board revisiting this and asking him to step down.

[Joseph Johnson]

I recognise that, as I have said, many of the tweets have been obnoxious and repellent in many ways—obviously, I have not seen all 40,000 of them—but it is also important to recognise that that tweet was probably eight or nine years old, since which time Mr Young has been on something of a developmental journey. It is possible that there is a capacity for reform, and we want to encourage Mr Young to develop the best sides of his personality—those that have led to him setting up good schools and to working with disadvantaged children in London so that they can make the most of their potential. It is for those reasons that he has been appointed to the board.

[Wes Streeting (Ilford North) (Lab)]

There is a fault line in politics, with those who want a modern democracy with people appointed on their merit rather than their mates on one side, and I am surprised that the Minister, who is meant to be a serious person, finds himself on the other side.

I ask the Minister specifically about Mr Young’s comments in the past two to three years, which the Select Committee Chairman raised, and in which Mr Young advocated what he called “progressive eugenics”—not in 2009, but in 2015. He repeated that in November 2017. The comments were removed by the Teach First website and he claimed that he had been no-platformed and censored. Does that sound like someone remorseful, who is suitable for public office? Why on earth has the Minister done this, not only to his and the Prime Minister’s credibility, but to that of the Office for Students?

[Joseph Johnson]

Mr Young’s work on behalf of disadvantaged and disabled students speaks for itself. He has championed inclusion in the educational institutions that he has set up. I cannot speak for the content of specific articles or tweets because, frankly, there are too many, and he has apologised for any offence he has caused, but I think that we should judge him by what he does—more so than we are currently doing.

[David T. C. Davies (Monmouth) (Con)]

Will the Minister confirm that Toby Young has never used social media to tweet bomb threats against rival politicians, unlike one member of the Labour party, who is named in the newspapers today, and that some of the outrage is little more than an extension of the “no platform” policy used to drive anyone with a right of centre view out of the university sector?

--- Later in debate ---

[Joseph Johnson]

My hon. Friend makes an important point, the same one that was made a few moments ago, which is essentially that double standards are being applied here. Opposition Members should look at their use of social media—for example, the appalling slurs on Conservative candidates that are frequently levelled before a general election, and the deception targeted at students about the Labour party’s intentions on student fees and tuition debt. They should consider their record on social media before criticising others.

[Wera Hobhouse (Bath) (LD)]

Does the Minister suggest that, simply because Mr Young, under pressure, has now apologised for his dark and dangerous comments, he no longer holds the views that he has held for many years?

[Joseph Johnson]

Mr Young has apologised, as the hon. Lady said. He has said that he regrets the comments, which suggests that he has moved on. He has also committed to not repeating those comments and accepted the reality that if he does, he will no longer be publicly appointed to the Office for Students board.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

The Public Administration and Constitutional Affairs Committee oversees the public appointments process and we hold the public appointments commissioner accountable for the conduct of the code. This is a timely reminder that public appointments are to be held accountable. Is my hon. Friend satisfied that the panel had the due diligence they should have had when they made their appointment? What representations has he received from any member of the panel about the appointment since it was made?

[Joseph Johnson]

I thank my hon. Friend for his questions. The panel was correctly composed. As I said earlier, it consisted of a senior civil servant from the Department for Education, Sir Michael Barber himself and an independent panel member. They conducted the interview with Mr Young in the same manner as they conducted interviews with other candidates and found him appointable. In respect of due diligence, one has to look at what is reasonable and proportionate for a panel to do. Neither I nor the Department were aware of the offensive tweets before the appointment was made, but there is nothing unusual about that. Many of the remarks were made years—in some cases, decades—ago and it is not reasonable or proportionate for the Government to trawl through tens of thousands of tweets over many years when making public appointments.

[Laura Smith (Crewe and Nantwich) (Lab)]

As a woman and as the mother of a young girl, I am appalled that the Minister and the Prime Minister deem it suitable to appoint such a man to this position. He has joked about anal rape of women. He talks about women’s breasts constantly on Twitter. Will the Minister not join me in condemning this misogynistic view from someone who will be in a position of power and show all those young girls who look to the Government that it is simply not good enough?

[Joseph Johnson]

I agree with the sentiments the hon. Lady has expressed. Those comments and tweets are obviously obnoxious and repellent, and that is why it is right that Mr Young has apologised for them, it is right that he has expressed regret for them and it is right that he has committed not to repeat them at the risk of being immediately dismissed from the Office for Students board.

[Kevin Foster (Torbay) (Con)]

I have been interested to hear the Minister’s answers. Can he reassure me about what evidence he took in relation to Mr Young’s current appointment as a Fulbright commissioner and what reassurances he has that some of the behaviour we have discussed this afternoon will not be repeated?

[Joseph Johnson]

Mr Young does important work on the Fulbright Commission. He is a commissioner and has been reappointed to that role as a result of the good work he has done. That carries on. As I said earlier, Sir Nigel Sheinwald, the chair of the Fulbright Commission, has described Mr Young as an effective, committed and energetic commissioner and seen no evidence that the historic remarks—going back many years—have influenced him in discharging his duties responsibly on behalf of disadvantaged young people. He does very good work in promoting social mobility through the Fulbright Commission’s work with the Sutton Trust and other organisations.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister asks us to judge Mr Young by what he does. As one of the many women who have had personal, repeated and recent experiences of his ability to lose friends and alienate people, I say to the Minister that an undergraduate student would know that it is not evidence enough of a change in behaviour for someone simply—when they have been caught out—to say sorry. Every educationist would say to the Minister that rewarding bad behaviour, as he is, sends a terrible message to our universities about the standards we accept. What more does Mr Young have to say before the Minister realises that he deserves to stay on Twitter, not in teaching?

[Joseph Johnson]

Since Mr Young made many of these comments and wrote these articles—which, in most cases, predate 2010—he has been appointed to the Fulbright Commission, he has been reappointed to the Fulbright Commission, he has been made director of a leading education charity and he has done important work setting up schools in west London that are delivering great outcomes for young people. That is what we should judge him by, not foolish and obnoxious tweets from the distant past.

[Mr Philip Hollobone (Kettering) (Con)]

My constituents have no time for unpleasant and obscene remarks, no matter who makes them. Will the Minister ensure that all appointees to the board, including this one, have as one of their first priorities a close examination of the obscene levels of executive pay for some of the senior personnel in the higher and further education sectors, which many students regard as completely outrageous?

[Joseph Johnson]

My hon. Friend makes a good point, and it is a priority for the Office for Students to address the spiralling top-level and vice chancellor pay in our institutions. It featured in the regulatory framework consultation, which closed shortly before Christmas, and will be prominent in the regulatory framework when that is published later in the spring.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The problem is that this man thought it was okay to publicly leer at women’s bodies while they were in the workplace, including tweeting repeatedly about women, about their knockers, their breasts, their boobs, their baps—on and on. What does it say to women and young girls across the country that a Minister is defending that—including when this man attacked a woman MP in this House in that way? Instead, why does not the Minister stand with women across the world who are saying to men like this that their time is up?

[Joseph Johnson]

The Government have condemned the tweets. Mr Young has apologised for them. Any repetition of language of that kind will not be tolerated.

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I suspect I am one of the few people in the Chamber who has been to the West London Free School. I saw there for myself the outstanding work that Toby and his team have delivered, and they have done that blind to people’s background and wealth, to the colour of their skin and to the creed that they practise. Does the Minister agree that that record deserves to be honoured and recognised? The comments were wrong, but those deeds need to be respected and they give Toby a credible platform for taking that office.

[Joseph Johnson]

My hon. Friend is right to laud Mr Young’s achievements at the West London Free School, where the 38.5% of children who receive the pupil premium have done better than the national average for pupils on the pupil premium in both this most recent year and the previous one. Mr Young has created an inclusive environment. A parent governor at the school described him as

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

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I am usually the first to congratulate my constituents on their achievements, but even Toby Young’s Acton address cannot save him on this one. In his column in The Spectator on 9 December—not historical, but mere days before his appointment—he boasted

“what a Big Swinging Dick I am.”

The column was titled “The subtle art of showing off at work”. How does that and the fact that his West London Free School has gone through five headteachers in almost as many years make him qualified for this post?

[Joseph Johnson]

Had Opposition Members done half as much as Mr Young has to promote outcomes for disadvantaged students, they would be in a better position to disparage his achievements. Mr Young’s school has done better than the national average for its pupils on the pupil premium in both this most recent year and the last. That is something of which he can be rightly proud.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister is at pains to say that this appointment was Nolan-compliant. It is standard practice in modern times for employers to look carefully at the social media profile of those they appoint, particularly to public office. What due diligence was carried out? Were those who appointed Mr Young to the post aware of these obnoxious tweets? If so, what was it about him that made him so uniquely qualified for this post over those without such an obnoxious social media profile?

[Joseph Johnson]

As I have said, the competition through which Toby Young was appointed was rigorous, open and fair. Like all the interviews, his was conducted by a panel consisting of the three people I have mentioned. It was an apolitical and independent-minded board of panellists who deemed Toby Young worthy of appointment.

[Maria Eagle (Garston and Halewood) (Lab)]

The Minister really is seeking to defend the indefensible. As a former Minister for Disabled People, I am appalled at some of Mr Young’s recently expressed views about the place of disabled people in our society. The Minister has said that many of Mr Young’s misogynistic tweets were from many years ago, but his views about disabled people are very recent indeed. How can the Minister appoint somebody who thinks so little of the contribution of disabled people to our society to such an important position? Does he not agree that it is indefensible?

[Joseph Johnson]

As I have already said, Mr Young has been a champion of the inclusion of children with disabilities in mainstream education. Not only that, but outside his work with schools, he is a patron of the residential care home in which lives his brother, who has learning disabilities of his own.

[Several hon. Members rose—]

[Liz McInnes (Heywood and Middleton) (Lab)]

The Ministers says that he condemns Toby’s Young’s past comments, but the only appropriate condemnation would be to remove him from the board of the Office for Students. Does the Minister agree that a suitable replacement would be a representative from the University and College Union, so that university staff have a voice on the board?

[Joseph Johnson]

No, that would not be appropriate. I take the same view that the shadow Education Secretary took with respect to the comments of the hon. Member for Sheffield, Hallam (Jared O'Mara) when she said that he deserved a second chance and that she was happy to sit alongside him because the comments happened a long time ago. In her words,

“People do change their views... it is important that they recognise that and apologise and correct that behaviour.”

That is what we are expecting Toby Young to do.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

If a Minister of the Crown were guilty of making these filthy and obnoxious remarks, would the Minister expect him to resign?

[Joseph Johnson]

Going forward, the Nolan principles of public life will be applicable to Toby Young. He will be holding a public office, as a board member of the Office for Students. That is why it has been made very clear to him and to other board members of the Office for Students that if they make these kinds of objectionable comments and remarks they will be in breach of those principles and would not be able to continue in their positions.

[Anna Soubry (Broxtowe) (Con)]

I wonder whether the Minister can assist Members in this way: does he think that the good people of Broxtowe are more interested in the obnoxious tweets of somebody who made those tweets many years ago but who nevertheless has an important position than they are in learning about the NHS crisis, which has affected almost everybody in this country?

[Joseph Johnson]

My right hon. Friend makes an important point. Labour’s priorities are curious. We have had not a word from the leadership of the party about what is going on in Iran, for example, and it is focusing instead on its feigned outrage over Toby Young. It should really focus on the priorities facing this country, not these second order ones.

[Nic Dakin (Scunthorpe) (Lab)]

The Minister said earlier that, in appointments to this board, there was a desire to represent the broad range of higher education providers. Why did he find space for such a controversial appointment, but no space for somebody with FE experience, when so many students are in further education?

[Joseph Johnson]

The board is representative of a broad range of higher education providers, as it is required to be under the terms of the Higher Education and Research Act 2017. It contains a vice-chancellor of the University of the West of England; a former vice-chancellor of BPP University; the chair of council at an arts college, the Rose Bruford College; and a senior figure from an Oxford college, who happens to be the bursar and also a director at the Oxford Centre for Higher Education Policy Studies. It is well representative of the excellent diversity of our higher education system.

[Paula Sherriff (Dewsbury) (Lab)]

May I gently remind the Minister that abuse comes to all candidates, not just Conservative ones? I truly want to believe that this House takes allegations of sexual harassment and inappropriate behaviour in the workplace seriously, but how can I when the Minister is continuing with the appointment of this misogynist man who thinks that it is appropriate constantly to tweet about women’s breasts, anal rape and masturbating over images of starving children?

[Joseph Johnson]

I do not see why we should take lessons from the Labour party on these matters. Let us take, for example, the case of the shadow Chancellor, the right hon. Member for Hayes and Harlington (John McDonnell), who made some extraordinarily intemperate and misogynistic comments about my right hon. Friend the Member for Tatton (Ms McVey). They were too vile to repeat, but typical of what the hon. Member for Birmingham, Yardley (Jess Phillips) described as the persistent,

“low-level, non-violent misogyny”

at the top of the Labour party.

[Toby Perkins (Chesterfield) (Lab)]

The Minister has really diminished himself over the course of the past 45 minutes, and Toby Young is really not worth ruining his own career for. Mr Young is someone who has contempt for women, contempt for disabled people, and contempt for people from deprived communities who have the effrontery to try to get into Oxford. Will the Minister do the decent thing and disown Mr Young, and see his own reputation much enhanced for doing so?

[Joseph Johnson]

We are going over much the same ground as in previous questions. The tweets, remarks and comments that Mr Young has made were clearly wrong. He is absolutely right to have apologised for them. Since making many of those remarks, he has continued to do good work in our educational system: he is delivering good outcomes for disadvantaged pupils at his schools in west London; and he is working hard on the Fulbright Commission. We have every expectation that he will make a valuable contribution to the work of the Office for Students.

[Kevin Brennan (Cardiff West) (Lab)]

I think the Minister said that Mr Young was deemed appointable by the panel without knowledge of the information on his past remarks that we have been hearing about. Were any other candidates deemed appointable by the panel, but not appointed? If that is the case, could this not be revisited with a view to appointing someone who does not have these kind of indecent views?

[Joseph Johnson]

As I have already said, the appointment process followed by the Office for Students board and panel was conducted in accordance with the code of practice published by the Office of the Commissioner for Public Appointments. Mr Young was appointable—many people were interviewed, as this is an important body—and it was determined that he had characteristics that would enable him to acquit those responsibilities well.

[Diana Johnson (Kingston upon Hull North) (Lab)]

It is quite clear from the Minister’s stumbling answers this afternoon that due diligence was not carried out on the appointment of this man. Does the fact that he deleted 50,000 tweets last week not worry the Minister? Does it not worry the Minister that today he has told us about decades of abusive and offensive comments made by this man? Surely this is the time to revisit the decision to appoint him.

[Joseph Johnson]

Mr Young’s online oeuvre is not a great loss to the world. Personally speaking, I am glad we do not have to go through it, and it is probably a good thing that it is lost to the world. Mr Young wants to move forward and to focus on the important contributions that he is making to the outcomes of disadvantaged young people in west London and elsewhere in the country. Digging up past tweets and other comments dating back to the 1980s really serves very little productive purpose.

Draft Designs (International Registration of Industrial Designs) Order 2017

Lord Johnson of Marylebone Excerpts

Wednesday 20th December 2017 General Committees

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

I beg to move,

That the Committee has considered the draft Designs (International Registration of Industrial Designs) Order 2017.

The order modifies the Registered Designs Act 1949 and the Registered Designs Rules 2006, and is an essential step in the UK’s ratification of the Geneva Act of the Hague agreement for registration of industrial designs. The Hague system for international registration of industrial designs provides a means of obtaining protection for designs in multiple countries, or with intergovernmental organisations, through a single application filed at the World Intellectual Property Organisation. Membership of the treaty is becoming more popular, and recent signatories include Japan, Russia, the US and South Korea. There are currently 67 members, including the European Union and 18 EU member states.

The Government want the UK to be the best place in the world to do business. The promotion of strong and effective international IP regimes can reduce the risks of trading internationally for UK businesses and create further export opportunities. UK designers and design-led businesses are part of a global industry and, as such, it is essential that they have the option to protect their IP cost-effectively when trading abroad. By joining the Hague system, UK businesses, and especially small and medium-sized enterprises, that wish to have designs registered across multiple countries, will have a simpler, more cost-effective method for obtaining and managing their rights. Businesses will be able to save money on design registrations and protect their IP with greater administrative ease.

The order will come into force when UK ratification of the Hague agreement with the World Intellectual Property Organisation is complete. The order is essential to make the required modifications to the Registered Designs Act 1949 and the Registered Designs Rules 2006 to give effect to the Hague agreement in UK law.

[Michael Fabricant (Lichfield) (Con)]

Is my hon. Friend aware that the Design Council very much supports this legislation? The United Kingdom is probably the major generator in the world of international design, from Issigonis’s Mini car to the present day, and protection for British design is imperative to ensure that continues in the future.

[Joseph Johnson]

My hon. Friend is entirely right. I know from speaking to designers the importance of design to the UK economy. He mentioned the Design Council, which has produced a study that found that the design economy generated no less than £72 billion in gross value added to the UK economy. Its importance should certainly not be underestimated.

Ratification of the Hague agreement forms part of a broader designs modernisation portfolio intended to refine and streamline the designs legal framework, so that the UK can provide a first-class, fit-for-purpose system for our design-led companies.

--- Later in debate ---

[Joseph Johnson]

I thank the hon. Gentleman for his words of support and for his brevity, because everyone has Christmas shopping to be getting on with. I thank hon. Members for attending the debate. Design is a fundamental part of the economy—I echo my hon. Friend the Member for Lichfield—and the draft order will make it easier for businesses to get the protections they need for their designs.

We are committed to implementing an ever more competitive IP framework in this country, and the draft order is an important part of that framework. It will take us a step closer to the UK ratification of the Geneva Act of the Hague agreement, making it easier and more cost-effective for UK designers and design-led businesses to register international designs. I commend it to the Committee.

Question put and agreed to.

Oral Answers to Questions

Lord Johnson of Marylebone Excerpts

Tuesday 12th December 2017 Commons Chamber

[Joan Ryan (Enfield North) (Lab)]

10. What recent assessment he has made of the UK’s progress towards meeting its carbon reduction targets.

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

The UK was the first country to introduce legally binding emissions reduction targets through the Climate Change Act 2008. We have made excellent progress towards meeting our targets: we met our first carbon budget and are on track to exceed the second and third.

[Joan Ryan]

Does the Minister agree that the clean growth plan will not meet the fifth carbon budget on its own? Does he therefore agree that the plan is wholly inadequate and that, as the Committee on Climate Change has said, it should not be the plan?

[Joseph Johnson]

The clean growth plan has been broadly and warmly welcomed. Low-carbon innovation is at the very heart of our approach to our industrial strategy, with more than £2.5 billion of Government investment from 2015 to 2021.

[Several hon. Members rose—]

[Graham P. Jones (Hyndburn) (Lab)]

The Labour manifesto in the summer committed to 60% of our heat and power being produced from zero-carbon or renewable energies. When will the Government match that ambition from the Opposition?

[Joseph Johnson]

Our clean growth strategy is rightly ambitious, and the Climate Change Act allows us to be flexible in our means of achieving the goals that we have set out. As I have just said, we are ahead of our targets on the second and third carbon budgets.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

In the recent Budget the Treasury, I assume following consultation with the Minister’s Department, pulled the plug on all future support for renewable energy deployment except for the already allocated near-term support for offshore wind. Does the Minister himself support such action, and does it help or hinder the UK’s progress towards meeting its carbon reduction targets?

[Joseph Johnson]

As I have said, our position is that we have met our first carbon target, and we are on track to exceed the second and third. The Government are taking this agenda exceptionally seriously. In fact we are leading the world on it, having legislated with the Climate Change Act and put clean growth at the very heart of this country’s industrial strategy.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

14. What assessment he has made of the potential effect on Wales of the Government’s Industrial Strategy.

--- Later in debate ---

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

T4. Recent Government figures show that UK funding from Horizon 2020 dropped significantly last year. Will the Secretary of State tell us what he is going to do to address that alarming fall in funding, and will he commit to participating in Horizon 2020 beyond March 2019 should the UK leave the EU then?

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

UK participation in Horizon 2020 has held up remarkably well since June 2016. We remain one of the strongest performers across the EU system. As the hon. Lady will have seen, last Friday’s joint report between the Commission and the UK Government painted a very positive outlook for our continued participation in this valuable programme.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T2. Given the importance of the automotive industry to the UK, and particularly to the west midlands, does the Secretary of State agree that it is essential to invest in test environments for self-driving cars to ensure that the UK can compete with other countries that want to become the world’s test bed for new vehicle technologies?

--- Later in debate ---

[Joseph Johnson]

Yes, indeed. Cambridge is leading the way in this respect, as in many others. We want to see more collaboration between our universities and the world of business to drive commercialisation and to make the most of the R and D we are investing in.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

It is good news that the Prime Minister is attending President Macron’s summit on climate change in Paris today, but may I warn the Secretary of State that President Macron is positioning Paris as the world’s leader in green finance? To tackle that threat and to protect London, Ministers must back the Bank of England’s taskforce on climate-related financial disclosures and bring in new mandatory corporate requirements on fossil fuel assets.

Higher Education

Lord Johnson of Marylebone Excerpts

Monday 11th December 2017 Written Statements

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

The Higher Education and Research Act 2017 (HERA) achieved Royal Assent on 27 April 2017. It set out a number of significant reforms that will improve the value for money that students receive from their investment in higher education. These include the establishment of a new regulator, the Office for Students (OfS), with a remit to drive value for money, a rigorous framework for assessing teaching and student outcomes, and provisions that make it easier for students to switch provider.

The Act also includes a power for the Government to set higher annual fee amounts for courses completed on an accelerated basis, which can be matched by higher corresponding student loan amounts. This measure will provide valuable new options to prospective students.

The way in which degrees are currently taught and studied has stayed largely unchanged for many years. The vast majority of providers offer a traditional three years of study regardless of subject, spread out across 30 weeks a year and with a long summer vacation every year. It is wrong that this is the only choice that most students have. The growing dominance of the classic three-year residential degree reflects more the convenience of the sector and financial incentives on providers than the needs of students for flexible ways of pursuing higher education. And it may be deterring some from higher education, and slowing the return of others to productive work.

Students on accelerated degree courses can secure a degree qualification in their preferred subject, studying the same content for the same number of weeks over the life of the course as the standard equivalent degree, subject to the same quality assurances. But by studying for more weeks each year, they are able to graduate within only two years, and with significantly lower student debt—good news for the student and for the taxpayer.

I believe there is significant untapped potential for accelerated courses, starting first with degrees, in higher education. They offer benefits to students of lower costs, more intensive study, and a quicker commencement or return to the workplace. Innovative providers would like to offer more of these courses but face significant financial and operational disincentives in the current system.

But for these accelerated courses to become more mainstream, we need to be upfront about why more universities are not already offering them. Many universities are concerned about changing existing models and the costs associated with doing that. This includes extra teaching hours, capacity to research, or not being able to rent out rooms over the holidays. A three-year course condensed into two is more expensive to run.

That is why I am proposing a balanced package that ensures universities are able to cover these additional costs but must charge at least 20% less in tuition for an accelerated two-year degree than they can for its three-year equivalent.

The launch of the OfS and the new fee arrangements will help incentivise greater provision. This in turn will give students a genuine choice of accelerated degrees across the full range of undergraduate courses.

In the debate in Parliament on the passage of the Bill, we committed to consult on the detail of our proposals. The consultation that I am launching today fulfils that commitment so far as accelerated degrees are concerned.

The proposals on which we are consulting are:

Arrangements enabling greater provision and take-up of accelerated degree courses will be in place in Academic Year 2019/20, subject to Parliament passing secondary legislation which sets fees and loans specific to accelerated degrees.

Accelerated degree courses subject to the new fee arrangements will be undergraduate first degree qualifications recognisably provided within a more intense period of study than other equivalent courses.

The OfS will support and encourage more providers to offer accelerated degree courses, over a more diverse range of subjects than are currently offered.

The OfS will also act as regulatory gatekeeper, determining whether degree courses meet the statutory definition of ‘accelerated courses’.

The current means-tested living cost support package (the “long course loan”) available to students whose courses last for longer than 30 weeks and three days each academic year will continue to provide maintenance for students on accelerated degrees on the same terms.

The annual tuition fee and loan upper limit for accelerated degree students at approved (fee cap) providers would be set at 20% higher than the standard level. For example, based on current fee limits, the annual accelerated limit for a TEF-rated provider would be £11,100 (vs £9,250 for the three-year equivalent). This would give students who opt for accelerated degrees a £5,500 or 20% saving in the total cost of tuition fees

The annual tuition fee loan limit for students at approved providers (i.e. those outside the fee cap system) would be also be set at the standard level plus 20%. For example, based on current loan limits, students at TEF-rated approved providers would have an annual tuition fee loan limit of £7,398 (vs £6,165 for the three-year equivalent).

Existing quality assurance arrangements for accelerated degrees should continue to apply, including after the OfS becomes responsible for monitoring them on 1 April 2018.

This balanced package offers students significant savings on the costs of graduating, while also addressing the additional in-year costs providers incur by condensing the final standard third year of teaching into the first two years of the accelerated degree course. The 20% uplift in annual fee revenue should cover the extra costs associated with accelerated provision for most courses in most providers.

Accelerated degrees are referenced in the Industrial Strategy published last month, which notes their potential to widen choice for students. And they have enjoyed cross-party support since Shirley Williams championed them in the 1960s. In the passage of the Higher Education and Research Bill this year, MPs and peers from all sides called for Government to support them. The proposals I am announcing today will remove the barriers to accelerated degrees, and make them a real choice for many more future students.

Attachments can be viewed online at:

http://www.parliament.uk/business/publications/written-questions-answers-statements-/written-statements/Commons/2017-12-11/HCWS335.

[HCWS335]

Competitiveness Council

Lord Johnson of Marylebone Excerpts

Monday 11th December 2017 Written Statements

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

The Competitiveness Council took place on 30 November and 1 December in Brussels. The UK was represented by Lord Henley on the first day and by me on the second.

EU industrial strategy

Discussions focused on the recent publication of a renewed EU industrial policy strategy. Ministers agreed that European industry needed to adapt to changes in the global economy and the digital revolution. The EU should improve investment in research and development and support for SMEs, and strengthen its internal market. The UK noted that its recently-published industrial strategy identified many of the same challenges and drivers of growth, and stressed its commitment to an open, liberal market economy based around fair competition and high standards.

A number of member states cautioned against arbitrary targets for industrial output, emphasising that support to industry was one policy among others to boost Europe’s competitiveness alongside a commitment to free trade and access to global value chains. Others called for greater sectoral support and called for the Commission to propose a longer-term vision for EU industrial policy towards 2030. Ministers agreed Council conclusions.

Single digital gateway

Ministers voted to adopt the proposed general approach on the single digital gateway. Member states generally expressed support for the objectives of the proposal and agreed that easier access to good quality online information and procedures was important for the internal market. There was broad agreement that the presidency had struck a good balance between ambition and flexibility. Voting in favour of the general approach, the UK noted its strong support for e-Government initiatives and underlined the importance of maintaining a focus on user needs. The Commission welcomed the agreement but noted the extension of the implementation period to five years.

Unified Patent Court

A number of member states joined the presidency and the Commission in pressing those member states yet to complete ratification of the Unified Patent Court to finalise preparations so the court can become operational in 2018. The UK re-stated its commitment to passing the final necessary domestic legislation currently before Parliament.

European defence industrial development programme (EDIDP)

The presidency noted the EDIDP would run from 2019 to 2020, providing €500 million towards the joint development of defence prototypes and increasing European industrial competitiveness. Timelines were ambitious with a general approach anticipated at the 12 December General Affairs Council. The Commission was looking for a €1.5 billion fund after 2020, covering both defence research and prototype development.

Other items

Vice President Ansip updated the Council on the implementation of the digital single market. He described the paradigm-shifting and multi-faceted impact of digitalisation on the world. He urged Ministers to help progress initiatives rapidly and ambitiously. The presidency and Commission noted the provisional agreement on geo-blocking with the European Parliament.

Hungary introduced a paper expressing concern about the impact of the tobacco track and trace implementing legislation on SMEs. Commissioner Andriukaitis emphasised its importance for public health and tackling illicit tobacco trade and underlined that its impact had been considered carefully. The final text included a number of SME derogations.

The Commission presented its recent public procurement package, stressing that more strategic use of procurement could help deliver environmental and social objectives. Savings of €200 billion per annum were possible through increased professionalism. The Commission confirmed that all elements were voluntary.

Ministers had a lunchtime discussion on the automotive industry; the UK and others stressed the fast-changing nature of the sector. Germany and the Commission provided an update on the SME Action programme. Bulgaria presented its plans for its presidency.

Day two—Space and Research

The Formal Competitiveness Council (Space and Research) took place in Brussels on 1 December. I represented the UK in the morning and Katrina Williams represented the UK in the afternoon.

Council conclusions on the mid-term evaluation of the Copernicus programme

The Council adopted conclusions on the Commission’s recent mid-term evaluation of the Copernicus earth-observation space programme, which underline the importance of maintaining its free and open data policy.

EU space programmes

The Council then held a debate on the future direction of EU space programmes, in light of the recent mid-term evaluations. The UK outlined the links to the UK’s industrial strategy, highlighting the importance of international collaboration and the desire for the UK to discuss future cooperation with the EU on space programmes as soon as possible.

Council conclusions on Horizon 2020

Next was a discussion on the Council conclusions on Horizon 2020. Ministers agreed the conclusions in document 15320/17. The UK set out its interest for an ambitious science and innovation agreement with the EU and stressed the need to focus on EU added value, simplification and international collaboration in framework programme 9 (FP9).

The mission-oriented approach in the ninth EU RDI framework programme

The Council then discussed the missions-orientated approach to FP9. The Commissioner (Moedas) encouraged member states to engage fully in the forthcoming consultation process. The UK highlighted the need to ensure continued focus on basic research and emphasised the need to avoid duplication of efforts undertaken at national level.

Other items

The European Commission gave an update on the European open science cloud. Hungary gave an update on the extreme light infrastructure project, which was on schedule to begin operations in 2018. Bulgaria then presented its presidency plans. Their priorities for science and innovation include the next framework programme (FP9), the future of the ITER project and the transfer of knowledge, data and research results to innovators and researchers. They will also focus on the roadmap for the governance and funding of the European open science cloud and the European supercomputer EuroHPC.

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Government Asset Sale

Lord Johnson of Marylebone Excerpts

Wednesday 6th December 2017 Written Statements

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

Today, I can update on the Government’s sale of part of the pre-2012, commonly known as “Plan One”, English student loan book.

The sale included loans issued by English local authorities under the previous (pre-2012) system, specifically those that entered repayment between 2002 and 2006.

Throughout the process, Government’s decision on whether to proceed remained subject to market conditions and a final value for money assessment. I can update Parliament that the transaction achieved a value of £1.7 billion, exceeding the HMT Green Book valuation.

Ministers will shortly be laying before Parliament a report on the sale in accordance with section 4 of the Sale of Student Loans Act 2008. This will provide more detail on the sale arrangements and the extent to which they give value according to HM Treasury Green Book rules.

In advance of that, I would like to reiterate the points I have made previously about the impact of the sale on borrowers and on Government policy.

The position of all borrowers, including those whose loans have been sold, will not change as a result of the sale. The sale does not and cannot in any way alter the mechanisms and terms of repayment: sold loans will continue to be serviced by Her Majesty’s Revenue and Customs (HMRC) and the Student Loans Company (SLC) on the same basis as equivalent unsold loans. Purchasers have no right to change any of the current loan arrangements or to contact borrowers directly. Those whose loans have been sold will be notified in writing by the Student Loans Company within three months, for information only. No action will be required. Government have no plans to change, or to consider changing, the terms of pre-2012 loans.

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Higher Education: Resolution (13 September)

Lord Johnson of Marylebone Excerpts

Wednesday 6th December 2017 Written Statements

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

On 13 September 2017, the House agreed the motion that the Higher Education (Higher Amount) (England) Regulations 2016 (S.I. 2016, No. 1206) and the Higher Education (Basic Amount) (England) Regulations 2016 (S.I. 2016, No. 1205), both dated 13 December 2016, copies of which were laid before this House on 15 December 2016, in the last Session of Parliament, be revoked. These regulations cover maximum fee caps for the current academic year, 2017-18.

The Government listened carefully to the views expressed in the House on 13 September 2017, and to those expressed by young people and their parents. I therefore made a written statement to the House on 9 October 2017 setting out changes to higher education student finance which will benefit students further in 2018.

In that statement, I confirmed that the Government had decided to maintain maximum tuition fees at their current level for the 2018-19 academic year. This means that the maximum level of tuition fees for a full-time course will remain at £9,250 for the next academic year (2018-19). This is around £300 less than it would have been had the maximum fee been uprated with inflation.

I also confirmed changes to the earnings threshold above which borrowers are required to make contributions to the costs of their education. From April 2018, the repayment threshold for loan repayments will increase from its current level of £21,000 to £25,000 from the 2018-19 financial year. Thereafter the threshold will be adjusted annually in line with average earnings. These changes apply to those who have taken out, or will take out, loans for full-time and part-time undergraduate courses in the post-2012 system. They also apply to those who have taken out, or will take out, an advanced learner loan for a further education course.

Increasing thresholds will put more money in the pockets of borrowers by lowering their monthly repayments with the greatest overall lifetime benefit for those on middle incomes. Borrowers earning less than the repayment threshold (currently £21,000 a year, rising to £25,000 for 2018-19) will continue to be exempt from repayments.

Following the written ministerial statement to the House on 9 October, I can now make a further announcement on student finance arrangements for higher education students undertaking a course of study in the 2018-19 academic year beginning in August 2018.

Maximum grants and loans for living and other costs will be increased by forecast inflation (3.2%) in 2018-19. And for the first time, students starting part-time degree level courses from 1 August 2018 onwards will qualify for loans for living costs.

Further details of the student support package for 2018-19 are set out in the document available as an online attachment.

I expect to lay regulations implementing changes to student finance for undergraduates and postgraduates for 2018-19 early in 2018. These regulations will be subject to parliamentary scrutiny. The Department of Health will be making a separate announcement on changes to student finance for postgraduate healthcare students and dental hygiene and dental therapy students in 2018-19.

These announcements build on the Government’s existing reforms to higher education, which have delivered a 25% increase in university funding per student per degree since 2012. University funding per student is today at the highest level it has ever been in the last 30 years.

We have world-class universities accessed by a record number of young people from disadvantaged backgrounds and a progressive funding system which ensures that costs continue to be split fairly between graduates and the taxpayer. The entry rate for disadvantaged 18-year-olds is already at a record high this year, and significantly higher than at the end of the 2016 cycle. People recognise that degrees from our universities provide a route to rewarding and well-paid jobs, and that is why more people are deciding to go to university than ever before.

We will build on those strengths through our planned reforms, which seek to improve the quality of teaching and incentivise universities to focus on graduate outcomes through the teaching excellence and student outcomes framework.

We will be consulting shortly on widening provision of accelerated degrees to enable students to study more intensively, obtain degrees at lower cost, and secure a quicker entry or return to the workplace.

And the Government are committed to conducting a major review of funding across tertiary education to ensure a joined-up system that works for everyone. As current and significant reforms move into implementation, this review will look at how we can ensure that our post-18 education system is accessible to all; and is supported by a funding system that provides value for money and works for both students and taxpayers, incentivises choice and competition across the sector, and encourages the development of the skills that we need as a country.

Attachments can be viewed online at: http://www. parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2017-12-06/HCWS318/.

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