Higher Education and Research Bill

Lord Storey Excerpts

Committee: 4th sitting (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

Lucy Crehan, a former teacher and an academic, recently published a book, Cleverlands, which looks at the best-performing schools in the world. She visited Finland, and what she found there was a complete contrast. When teachers were struggling, they would receive support. When they continued to struggle, they would receive more support. In contrast, in this country and the United States, when a teacher or a school is struggling, we attack them and punish them. That is going a bit overboard—there is good work in getting schools to support other schools. Predominantly, however, there is a far more punitive approach here. I would hate to see that coming into the higher education system. I look forward to the Minister’s response.

[Lord Storey (LD)]

My Lords, of course we need as much information as possible about universities so that parents and young people can make the right decisions about which university they choose. I am delighted that we are now focusing on the quality of teaching. The noble Baroness, Lady Royall, was right to say that it must be about high quality. That means high quality throughout the university sector, in teaching, provision, and simple things, such as the ability to make sure that essays and dissertations are properly marked, and to make sure that there is high quality with regard to the size of tutorial and lecture groups. A whole host of issues will ensure high quality.

We sometimes forget that choosing a university is a huge decision for a young person and their parents. They do not pick one at random but do the research, looking very carefully. Again, not only do they choose carefully but they visit those universities. I know from my own experience that students and their parents will have put two or three universities down and will have one in mind as where they want to go to, because of the course they want to do. However, noble Lords will be surprised at how often they get there and do not like it. They do not get a sense of there being the right ethos about the place or they do not like the staff they meet. One of my friends, who is doing creative writing, had two universities at the top of her list. She went to visit them and they gave her sample lectures. Guess what—she went to the third one, because she found that the response and the quality of the lectures were not good enough for her. Let us not kid ourselves: when parents and students come to choose the university they will go to, they are already in the driving seat.

I have grave reservations about the notion of getting this matrix together, putting in things such as employability, and then, suddenly, there is a mark. Currently it is proposed that it be gold, silver or bronze. As I said at Second Reading, I cannot see many universities boasting that they have a bronze award—they will not do that. But you can bet your bottom dollar that those rated as gold will display that for everybody to see. That will be damaging to the university sector as a whole and, as we have heard many noble Lords say, it will be damaging for students coming to our universities from overseas. We therefore have to tread very carefully. The Minister told us on Monday that he was very much in listening mode. Speaker after speaker, right across the House, has raised considerable concerns about this issue. If the Minister is in listening mode, I am sure that he will want to ensure that when we come to Report he will take our points on board.

I do not have any interests to declare regarding universities but I have interests in mainstream education. We have been down this road of labelling schools. In my wildest imagination I never thought that we would see a maintained school system in which schools advertise their success on the backs of buses and on banners hung outside their schools. Parents are caught in this trap, wondering, “Do I send my child to an outstanding school or a good school?”. Of course, if a school needs improvement, while it is improving it has the problem of parents saying, “I’m not sending them to that school”. We have been there before in higher education. We can remember the days of universities and polytechnics. Polytechnics—higher education providers—were regarded as the poor relation. People would say, “I’m not sure I want my son or daughter to go to a polytechnic”, although in many cases the provision was as good and, in some areas, better than at universities. Thank goodness we decided to ensure that higher education institutions as a whole were labelled universities.

I hope that the Minister gets the message and that we provide as much information as possible and look at the quality of teaching. A noble Lord said that of course in the mainstream sector, your teaching is observed, and if you are not up to the mark, you will not teach. If we want to improve the quality of teaching in universities, maybe there has to be some sort of requirement to teach students. Teaching is not just about knowledge but also about how you relate to young people. The most knowledgeable and gifted professor may be unable to relate to a young person, and therefore cannot teach the subject. I therefore welcome the notion of improving teaching.

I know that it will be a small part of the matrix, but I have reservations about the concept of a student survey, or students marking teaching. Students should give their views; that is good and right. But students will rate highly teachers, lecturers and professors who give it to them on a plate: “Here is what you need to know—take it away”. Lecturers who are challenging, who want to push the students and make them think for themselves, are quite often marked down. I therefore have reservations about how we develop this idea of student feedback. That is not to say that student voices should not be heard, but that they should be a very small part of the whole. I hope the Minister will take that on board as well.

[Viscount Younger of Leckie (Con)]

My Lords, I have today sent a letter setting out some further detail following Monday’s debates, and attached a briefing note on the teaching excellence framework which I hope noble Lords have found helpful.

I am grateful for the thoughtful comments made in this prolonged debate on the teaching excellence framework, which is in the manifesto commitment. These comments go to the heart of what we are trying to achieve in incentivising high-quality teaching. I am pleased that there is no disagreement on the importance of high-quality teaching, and the importance of incentivising this. Many Peers have acknowledged this, and Governments from all sides have wanted it for many years. This is an important element of these reforms and this has been a key debate, so I hope that noble Lords will forgive me and that the House will bear with me if I speak at a reasonable length on the points raised.

A number of Peers raised a point on whether the TEF should be tested more and, in effect, go more slowly. This was raised by the noble Baroness, Lady Royall, the noble Lord, Lord Watson, and other noble Lords. In effect, the question related to a pilot scheme. I reassure noble Lords that the TEF has been, and will continue to be, developed iteratively. We have consulted more than once, and year 2, which we are currently in, is a trial year. Working groups, including those in the sector, are under way on the subject-level TEF. That was raised by the noble Viscount, Lord Hanworth, and I will say a little more about that later. Therefore, the sector has recognised this trialling aspect, and Maddalaine Ansell, the chief executive of University Alliance, has said:

“We remain confident that we can work with government to shape the TEF so it works well as it develops”.


The noble Baroness, Lady O’Neill, commented on the detailed metrics. She also spoke about iterating and reviewing the metrics, and made some constructive comments. The TEF metrics will continue to evolve. I stress again that, where there is a good case to do so, we will add new metrics to future rounds. I have no doubt that I will also be saying a bit more about this later.

I want to respond quickly to the amendments on the TEF and immigration. This picks up a theme raised by the noble Baroness, Lady Garden, my noble friend Lord Jopling and the noble Baroness, Lady Royall. Following our useful debate last week, and as I set out in my subsequent letter, I confirm again that we have no plans to cap the number of genuine students who can come to the UK to study, nor to limit an institution’s ability to recruit genuine international students based on its TEF rating or any other basis. This applies to all institutions, not just to members of the Russell group.

The noble Lord, Lord Watson, raised the issue of international students, and I move on to the proposal to publish the number of international students. The TEF will be a world-leading assessment of the quality of teaching and student outcomes achieved by higher education providers. Students should have a better idea of what to expect from their studies here—better than anywhere else in the world. However, a dataset that simply links the TEF to international student numbers fails to recognise the much broader international student recruitment market place. I should add that all the relevant information requested by the noble Lord, Lord Stevenson, is in the public domain.

Moving on, I remind the Committee that the ability to raise fees according to inflation is not new. As the noble Lord, Lord Watson, said, it has been provided for since 2004. Indeed, as I think he said, the process was established under the then Labour Government and was routinely applied from 2007 to 2012. I reassure noble Lords that, as the Government set out in the White Paper, our expectation is that the value of fee limits accessible to those participating in the TEF will, at most, be in line with inflation.

As the Liberal Democrats will recall, the coalition Government used the legislation that had been put in place in 2004 by the Labour Government to increase tuition fees above inflation in 2012. We have no such plans to increase the value of fee limits above inflation. Increasing the upper or lower limits by more than inflation would, under the Bill as currently drafted, require regulations subject to the affirmative procedure, which requires the approval of Parliament. In the case of the higher amount, it would also require a special resolution. That is in line with the current legislative approach to raising fee caps.

I now turn to the link between the TEF and fees. Schedule 2 builds on well-established procedures in setting fee caps. Under the schedule, different fee limits will apply depending on whether a provider has an access and participation plan, and what TEF rating they have been awarded. Crucially therefore, this schedule will, for the very first time, link fees to the quality of teaching and thus increase value for students. This will recognise and reward excellence, and will drive up quality in the system. It will mean that only providers who demonstrate high-quality teaching will be able to access tuition fees up to an inflation-linked maximum fee.

The noble Lord, Lord Watson, said that since the increase in fees in 2012 there has been no increase in teaching quality. Therefore, this Government are, for the first time, putting in place real incentives, both reputational and financial, to drive up teaching quality. My noble friend Lord Willetts picked up on this theme. We believe that this is the right way forward. I have already mentioned the iterative aspect of this process.

The principle of linking funding to quality is familiar from the research excellence framework, which was introduced in the mid-1980s, and it has been an effective incentive. The REF has driven up the quality of our research, ensuring that we continue to be world leaders in global science. Tuition fees have been frozen since 2012 at £9,000 per year. This means that the fee has already fallen in value to £8,500 in real terms and, without the changes we propose, it will be worth only £8,000 by the end of this Parliament. Therefore, these changes are important if we want providers to continue to deliver high-quality teaching year after year.

As far back as 2009 the noble Lord, Lord Mandelson, said:

“We … need to look in my view for ways of incentivising excellence in academic teaching”.


He went on:

“We have to face up to the challenge of paying for excellence”.


I believe that the measures in Schedule 2 finally deliver that. The schedule allows a direct link between fees and the quality of teaching, with differentiated fees for different TEF ratings—a principle supported by the then BIS Select Committee and the wider sector—along with a clear framework of control for Parliament. This will ensure that well-performing providers are rewarded so that they can continue to invest in excellent teaching.

Higher Education and Research Bill

Lord Storey Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 16th January 2017 Lords Chamber

Moved by

[Lord Storey]

60: Clause 2, page 2, line 8, at end insert—
“( ) In giving guidance under this section, the Secretary of State must have due regard to any advice given to the Secretary of State by the OfS.”

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[Lord Storey (LD)]

My Lords, on behalf of the noble Baroness, Lady Wolf, who is not well, I shall move this amendment and speak to this group. We wish her a speedy recovery. The Bill proposes to reverse the current legal position that prevents Ministers giving guidance and directions about particular courses of study. We have been told that the power is needed to resolve an existing legal lack of clarity about the Secretary of State’s power to communicate his—in this case—priorities. While the Government’s amendment means that the Secretary of State cannot now guide or direct the Office for Students to prevent the closure of existing courses or the creation of new ones, it will, nevertheless, still allow the Secretary of State to decide, in part, what subjects should be funded.

Although most funding for teaching will come from fees backed by student loans, direct funding from the Office for Students is essential to meet the additional costs of subjects that are expensive to teach; for example, chemistry and engineering, et cetera. The Bill would give the Secretary of State a new power to tell the Office for Students not to fund a particular subject if that subject cost more to teach than the maximum fee that the university was allowed to charge. This goes significantly beyond the current power to give general directions about ministerial priorities, which the Funding Council translates into allocations to universities.

With these proposed amendments, Ministers would still be able to give the Office for Students guidance and direction about their priorities for the funding available but the final decisions on funding for high-cost subjects would be taken by the Office for Students, as they are now by the Funding Council. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I support the amendments in this group to which I have added my name and those that have come from the Cross Benches—Amendments 69 and 510—on which I think we will be hearing shortly. These amendments come out of the report from the Delegated Powers Committee, which claims that the wide range of functions that are now being conferred on the Office for Students will give it the ability to bring change to the whole of the higher education sector. We consider that the guidance issued by the Secretary of State under Clause 2 will act as a significant control over how the Office for Students exercises its functions. However, we cannot guarantee that Secretaries of State will always be wise and non-interventionist, and I think that these amendments will provide much-needed safeguards in the Bill.

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[Viscount Younger of Leckie (Con)]

My Lords, we have had another good but much shorter debate on this important Bill. Once again it goes to the principle of autonomy, which is the cornerstone of our higher education system. I would like to say at the outset that I am sorry to hear that the noble Baroness, Lady Wolf, is indisposed. I am sure that all noble Lords will wish her a speedy recovery.

Before I speak about this group of amendments, let me be very clear. I heard the strength of feeling expressed in Committee last week about the need to protect institutional autonomy. I would like to inform noble Lords that, along with the Minister in the other place, I am actively considering what further safeguards may be needed to protect institutional autonomy and academic freedom as the Secretary of State and the OfS carry out their duties under the Bill. No doubt we will return to this issue on Report, so I will keep the rest of my remarks relatively brief.

We certainly want an open dialogue between the Government and the OfS, and the systematic involvement of the OfS in the policy-making process, just as there has been with HEFCE over the past 25 years—something to which my noble friend Lord Willetts alluded. As currently drafted, the Bill does not constrain the OfS from giving open and honest advice and analysis to the Government on matters within its regulatory remit. Let me also reassure noble Lords that the Bill prohibits the Secretary of State from framing guidance, setting terms and conditions of grant or giving directions to the OfS in terms of course content and how courses are supervised or assessed. The powers we have discussed today relate directly to the spending of public money and the accountability of the OfS. The Government have a legitimate role in setting priorities in these areas. That is why we are taking the time to think carefully about how we are going to ensure an appropriate level of oversight while at the same time properly protecting the vital concepts of institutional autonomy and academic freedom.

The noble Lord, Lord Storey, raised the issue of guidance and stated that there was a reversal of the 1992 Act. No reference is made to guidance in that Act, and we are strengthening the protections on ministerial guidance by making reference to institutional autonomy and academic freedom. An express power to issue guidance means that the Government do not automatically need to have recourse to setting the terms and conditions of grant or directions, which are less light-touch, so this is surely a sensible intermediate step.

I will now address the issue of parliamentary oversight, about which we have heard some speeches this afternoon. We have thought carefully about the use of these powers. The general focus of the contributions of my noble friend Lord Norton and the noble and learned Lord, Lord Judge, was that the guidance must be subject to parliamentary scrutiny. But the duty in Clause 2 is to “have regard to” guidance. As my noble friend Lord Norton said, where the OfS has cogent reasons, it can act outside that guidance—so the provision does not impose any obligation other than that the OfS should consider it. Directions under Clause 72 are different: they must be followed. That is why there is parliamentary scrutiny when those are made.

It is absolutely right that the Secretary of State should be ultimately responsible for the guidance that he or she gives the OfS, especially when it relates to directing public money towards government policy priorities. We envisage that the Government will issue regular guidance to the OfS in much the same way as they do to HEFCE. Imposing parliamentary oversight and approval on the giving of the Secretary of State’s guidance to the OfS would create a far less flexible process and would risk inhibiting the ability of the Secretary of State rapidly to issue ad hoc guidance in response to changing events. However, I reassure my noble friend Lord Norton that our approach to guidance will be transparent in a similar way to the guidance given to HEFCE—for example, with a published annual grant letter.

I hope that I have given a flavour of the careful balance that we continue actively to work to achieve here. I have noted the points raised and will actively take them into account ahead of Report. In the meantime, I ask the noble Lord to withdraw the amendment.

[Lord Storey]

My Lords, I think that it was a former Prime Minister who used the phrase, when losing the vote on bombing in Syria, “I get it”. I think that the Minister now gets it. I was pleased to hear him say that autonomy goes to the heart of our higher education, that he heard last week the strength of feeling on this issue and that the Government will actively consider that. At this stage, I beg leave to withdraw the amendment.

Amendment 60 withdrawn.

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Moved by

[Lord Storey]

70: Clause 2, page 2, line 31, at end insert—
“( ) The OfS may provide the Secretary of State with such information or advice relating to its functions and the provision of higher education in England as it thinks fit.”

[Lord Storey]

The Bill creates separate regulatory and funding bodies for teaching and research and in so doing risks undermining the positive interaction of teaching, research and innovation activity in our universities. The Government have gone some way to address this problem by giving the OfS a new duty to monitor the financial sustainability of the sector and by publishing a note on joint working between the Office for Students and UKRI. However, the Bill could do more to deliver what the higher education White Paper promised: that the OfS would take a holistic view of the sector and institutions. The Office for Students should have the same power to provide advice to Ministers without the specific instruction to do so that is being proposed for UKRI. I beg to move.

[Lord Willetts]

My Lords, briefly, the thought behind the amendment makes a lot of sense. Currently we have had for decades close exchange between Ministers and HEFCE; it goes both ways, and the point I tried to make earlier is that we should not regard all that as equivalent of passing a statutory instrument through Parliament. It is important that Ministers can communicate their concerns to HEFCE and its successor bodies, but it is equally important that the communication goes the other way. I hope that we may hear from Ministers that they believe it will still be possible for these communications to happen, and anything that assures us that that flow of ideas and information in both directions will continue in the new dispensation will, I think, be welcomed by noble Lords on all sides of the Committee.

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[Baroness Goldie]

I thank the noble Baroness for raising an interesting point. I am sure it is one on which I and my colleagues will want to reflect.

[Lord Storey]

I am very grateful to the Minister for her full and frank reply. I will reflect carefully on what she has said. If there is nothing in the Bill prohibiting the OfS from giving advice and being involved then we need to explore that a bit further. I will withdraw the amendment currently.

Amendment 70 withdrawn.

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[Baroness Smith of Newnham (LD)]

My Lords, I declare my interest as a member of the University of Cambridge. Before I entered your Lordships’ House, I had responsibility on Cambridge City Council for democratic services when the individual electoral registration pilots were going through. Before individual electoral registration, the university, or at least the colleges, had an extremely efficient relationship with the city council to register all undergraduate and graduate students. The shift to individual electoral registration has many benefits, but we lost that link. Colleges could no longer simply offer the data to the city council. The amendment would bring back something that worked effectively in the past but do so in line with current legislation. It would enable the Government to ensure that we really could register young people. At the time of the EU Referendum Bill, the Government repeatedly said that everything that linked back to the franchise needed to be dealt with in a representation of the people Act. I ask the Minister to consider whether on this occasion an amendment could be made that ensured that as many young people as possible could be on the electoral register.

[Lord Storey]

I was drawn to an Answer from the Minister to a Question on the effectiveness of the Sheffield pilot project on electoral registration. I think all of us in this Chamber—certainly those Members who have put their names to this important amendment, whom I thank—believe that it is important in our democracy that as many people as possible take part in elections. The best place to start that lifelong commitment to voting is at a young age. Sadly, we see many young people, perhaps as a result of all sorts of factors, not registering to vote and not getting into the habit of voting. Some of us had hoped that the immensely successful Belfast model, where electoral registration officers go into schools, give citizenship lessons and ask people to register to vote there and then, might be adopted in the rest of the UK, but that has not been the case. Government should surely seize every opportunity to ensure that more young people take part in elections and are registered to vote.

As has been said, we saw with the introduction of individual electoral registration a huge slump in the number of people who are registered. The Minister said in his Answer:

“The Government part-funded the University of Sheffield pilot, integrating electoral registration with the process of student enrolment, and has encouraged other providers of Higher and Further Education to implement a similar system”.


The Bill is a wonderful way, in the words of the noble Lord, Lord Young, to encourage other higher and further education providers to implement a similar system. He went on:

“An indicative assessment shows this project had successful outcomes. For example, in the 2015/2016 academic year, the university had 76% of eligible students registered to vote compared with figures as low as 13% for similar sized universities. The Government will further evaluate the University of Sheffield pilot to understand—in detail—the impact of the pilot and its critical success factors. We understand a number of institutions have already introduced a similar approach, or are actively considering doing so”.


To be fair to the Minister, he said that there were differences between different higher education providers and the scheme might not be appropriate for all. I do not want to censor what he said. But his Answer contains a way forward. I would have thought that young people going away from home, being in a different environment, saying on day one, “Now is the time to register to vote”, is the way forward. I hope we might include it in the Bill.

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Moved by

[Lord Storey]

76: Clause 5, page 4, line 9, at end insert—
“(1A) Subject to subsection (1B), initial registration conditions of all providers under subsection (1)(a) must include a requirement that every provider—(a) provides all eligible students and staff with a mental health support service, and(b) notifies all students and staff of this service.(1B) Subsection (1A) does not apply to the Open University and other distance learning institutions.”

[Lord Storey]

My Lords, your Lordships’ House has an excellent record on the issue of mental health. In fact it was this House that persuaded the Government, by insisting on it, on parity of NHS treatment of physical and mental illness.

On many issues we are persuaded by our own personal experiences. I remember taking my daughter the couple of hours’ drive to university, five years ago now. A couple of years later she said to me, “You don’t realise the abject horror that was. You put me in the car with all my possessions and dropped me off at this strange place where I knew no one and had to sink or swim”. In her halls she befriended and became close to a girl who was in her first year and whose sister, a year older, was at another university. Very tragically, those girls’ father then died at a relatively young age. Both sisters were completely traumatised. You would be; you are a young girl away from home for the first time, and your father dies. One university was absolutely stunning in the support that it gave that girl. Her sister at the other university did not even get to see her personal tutor; no support was given at all. That is the difference. That is why this amendment says, importantly, that the university “must”—not “may”—provide services for mental health.

It is often said that when it comes to mental health, ignoring the problem—if it is even recognised in the first place—is not the solution. However, neither is dealing with it alone. Nationally, only 13% of the NHS budget is currently committed to mental health services, despite the fact that mental health illness accounts for 28% of the total burden to the NHS. The problem in many universities across the UK is the same: the underfunding of support services does not accurately reflect today’s reality. Many thousands of children and young people when at university are isolated, unhappy and—because of the pressures of the new regime, if you like—perhaps have eating disorders and self-harm. Tragically, of course, some can take their own lives.

There is still huge stigma around mental health, which means that young people are not getting the support they need. The amendment is important not only for those who might develop mental health problems during their time at university but for those who have experienced mental health problems in the past. Young people who need help and support from mental health services can find themselves with no help or support when they most need it. To get any service from adult mental health services, the threshold in terms of severity of illness is higher than for children and adolescent mental health services, CAMHS, so many young people are locked out from receiving the service. For some, their illness has to reach a crisis point before they receive the service that they need, with the effect that their entry to the service is more traumatic and costly to the young person, their family and the service than if their needs had been met earlier. Differences between service locations and the style of the two services alienate many young people, who end up slipping off the radar of services. Ensuring that mental health support services are available to students when they need them is really important.

I have one final observation. There is a clear link between poor mental health and student retention. The emphasis on student retention is higher in those institutions that provide proper mental health support than in those that do not. I hope we will realise that, just as we have done in the education service as a whole and in the NHS, providing a service in universities is hugely important. Sometimes we say, “Oh, there’s no money available”, but of course there is money available. I sometimes have a little wry smile on my face when I get to Euston station and see all the billboards advertising different universities. The cost of that runs into hundreds of thousands of pounds. Surely we can find the money for every university to provide mental health support for its young students—not “may”, but “must”.

[Baroness Garden of Frognal]

My Lords, I support my noble friend’s amendment. In coalition, our Health Minister, Norman Lamb, campaigned staunchly for parity of esteem and funding for mental health in order to bring it up to the same standards as physical health. We are still a long way from achieving that parity.

My noble friend has spoken particularly about students. In the amendment we included care for university staff, many of whom work under intense pressure. The introduction of new assessment measures in the Bill may well increase those pressures on staff, many of whom may be on insecure contracts, with high ambitions, high expectations and long hours. We know that many universities already have a great duty of care to their staff as well as their students, but this measure would see all universities, as places of study and work, fulfil their duty of care to both their staff and their students.

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[Viscount Younger of Leckie]

My Lords, I am grateful to the noble Baroness, Lady Garden of Frognal, and the noble Lord, Lord Storey, for raising the important issue of mental health support for students. I know that there has been some discussion in the Corridors not far away on this very subject. The noble Baroness and the noble Lord will know how seriously I take this subject.

We have heard today from noble Lords how deeply mental health issues can affect students, staff and families. I particularly listened to the very sobering anecdotal evidence from the noble Lord, Lord Storey, and I am sure that many of us could relate our own experiences that illustrate similar issues.

Mental health is a priority for this Government. Noble Lords will be aware that just last week the Prime Minister announced a package of measures to transform mental health support in our schools, workplaces and communities. The reforms will have a focus on improving mental health support at every stage of a person’s life. This will include a major thematic review of children and adolescent mental health services across the country, led by the Care Quality Commission, which will identify what is working and what is not. A new Green Paper on children and young people’s mental health will set out plans to transform services in schools, and importantly universities, and indeed for families.

As we have discussed at length, higher education institutions are autonomous bodies, independent from the government. Each institution is best placed to identify the needs of their particular student and staff body and to develop appropriate support services. There are many examples of universities providing excellent support for their students and, of course, their staff, which the noble Baroness, Lady Garden, raised, both for mental health and in the context of wider pastoral care. But as we know, there are also too many examples of universities that could certainly do more. The higher education sector itself is working to improve mental health support. Universities UK recently launched a programme called Wellbeing in Higher Education. It will focus on the need for a whole university or institution approach to mental health and well-being.

UUK is working closely with Public Health England, expert voices from student services and charities such as Student Minds. Let me be clear: the Government expect higher education providers to provide appropriate support services for all their students and staff, including those with mental health issues. This is a deeply important issue. The upcoming Green Paper provides the excellent opportunity to look at this issue in greater detail. We believe that we should not pre-empt the issues or any recommendations that may come out of this particular Green Paper.

The noble Lord, Lord Storey, raised the link between mental health and retention. We agree that retention is extremely important for universities and that is why we will take retention metrics into account as part of the TEF. The Director for Fair Access and Participation will be looking beyond just the point of access to the whole student life cycle, which is something that I have spoken about in previous debates in Committee.

Once again, I am grateful to noble Lords for their contributions, but ask that the amendment be withdrawn.

[Lord Storey]

My Lords, I thank the Minister for his thoughtful reply. I am delighted that mental health is a priority for the Government. The Minister said that the Government expect universities to make provision, so as well as “shall” or “must” or “maybe” we now have “expect” on the list. I just want an amendment that makes it happen. At this stage—we will no doubt come back to it—I will withdraw the amendment.

Amendment 76 withdrawn.

Higher Education and Research Bill

Lord Storey Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 16th January 2017 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I am not certain whether the two amendments in this group will place a statutory duty on higher education providers or whether they are intended to enforce some kind of contractual obligation—that is, in order to be registered, they have to agree to do this and that, which would not be quite the same thing. There are important distinctions between universities and other providers of higher education. Whether the level playing field that has just been referred to applies across that divide is an interesting question, on which I would be glad to know the Government’s view.

[Lord Storey (LD)]

It is incredibly important for students and for society as a whole that all providers of higher education are subject to freedom of information requests. I shall give your Lordships an example. A number of private colleges provide higher education, but if you wish to find out their progression rates, you are not allowed to do that—the books are closed. However, if you wanted to know the progression rates for students from year to year at a university, that could be obtained in a freedom of information request. There should be a level playing field. In higher education, the same should apply to universities and to any private provider.

[Baroness Brown of Cambridge (CB)]

My Lords, I think that those in receipt of public money, with students with fees from government loans, should indeed operate on a level playing field. However, we should reflect on the comments of the noble Lord, Lord Willetts, in which he asked whether we want to add more requirements or take some of them away. Having recently been a vice-chancellor, I know that universities get numerous FoI requests, many of them relatively vexatious and from local newspapers in the area wanting bits of information about vice-chancellors, staff and other things. Is it really reasonable that we should spend students’ fees on responding to this sort of trivial request?

I think that the Bill will make sure that the kind of key data that you need to know about universities—things such as progression rates—are available from registered providers, and that is very important. It is not about universities trying to hide things; the Bill requires universities to provide the sort of data that students need to know. In levelling the playing field we should follow the advice of the noble Lord, Lord Willetts, and think about taking off some of the requirements rather than adding more on.

Schools: Volunteer Reading Helpers

Lord Storey Excerpts

Wednesday 11th January 2017 Lords Chamber

[Lord Pearson of Rannoch (UKIP)]

My Lords, further to the noble Lord’s last answer—

[Lord Storey (LD)]

My Lords—

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, we will hear from the UKIP representative.

Children: Safeguarding

Lord Storey Excerpts

Wednesday 11th January 2017 Lords Chamber

[Lord Nash]

On this aspect, as I say, we have received 18,000 responses to our call for evidence and we are considering them carefully. We want a system that regulates out-of-school settings and works effectively but is not overly burdensome, because we know that many of these settings are small and staffed by volunteers.

[Lord Storey (LD)]

My Lords, the Minister may recall that I asked him a Written Question about whether the Government,

“have any plans to increase oversight of or the level of responsibility in home-schooling in the light of”,

a 40% increase. In answer, the noble Lord, Lord Nash, referred to his reply of 14 March 2016, which said:

“Some local authorities maintain voluntary registers of children educated at home but as they have no statutory basis, they cannot be regarded as an authoritative source of data”.

If we have no real complete data on the number of home-educated children, never mind those who never go to school, how are we able to safeguard those children? Will he seriously consider now giving local authorities a statutory responsibility in this matter?

[Lord Nash]

I have already said that this is something we are seriously looking at.

Higher Education and Research Bill

Lord Storey Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 11th January 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, after the excellent first day in Committee, when we heard from chancellors and former chancellors and current professors, readers and masters, I reflected that nearly all of them had come from what we might regard as a traditional university. When we think of a university, we think of a young person going into the sixth form and leaving at 18 to do a three-year degree course. The importance of university includes going away from home, and campus life. Of course, that is changing dramatically in this country, and it will continue to change as we look at different ways of learning in higher education. That is why the points made by my noble friend Lady Garden are important—we need in this Bill to reflect the importance of part-time and distance learning. That is important particularly, as she rightly said, for young people with disadvantaged backgrounds, who may be living on a council estate in Merseyside or Sheffield and for whom the notion of coming to London is exciting but challenges their ability to afford that higher education opportunity. The figures show that many young people are traditionally going to the university where they live, and many more will start to do part-time study. I know that the Minister will say, “When we use the word university, it is implicit that we mean all forms of higher education”, but, as my noble friend said, we should be clear about the importance of distance and part-time higher education learning.

[Lord Bilimoria (CB)]

My Lords, I shall address the point about part-time and lifelong learning, and speak from my own experience. When I qualified as a chartered accountant, with a degree from India, and with a law degree from Cambridge, I thought that I had had enough education for ever. Then I was introduced to lifelong learning by going to business school and engaging in executive education, which I have since done at Cranfield School of Management, the London Business School and the Harvard Business School. I remember President Clinton saying, “The more you learn, the more you earn”, and one can try to vouch for that.

The encouragement of lifelong learning is so important—it does not stop. Then there is access to lifelong learning for those who missed out on it, for whatever reason. I was the youngest university chancellor in the country when I was made chancellor of Thames Valley University, now the University of West London. At that university, which is one of the modern universities, a huge proportion of the students were mature students and learning part-time. You cannot equate a university such as that with an Oxford or a Cambridge. It is a completely different model, offering access and focusing on—and promoting the concept of—lifelong learning, mature students and part-time learning. Sadly, the funding for part-time learning needs to be looked at, but it is not a matter for this Bill.

At the other extreme, at the traditional universities, we have MBAs—masters in business administration—which are very popular around the world, but nowadays we also have executive MBAs. The executive MBA programme is getting more and more popular at top business schools around the world, including in our country —I am the chair of the Cambridge Judge Business School. It is part-time learning at the highest level.

I hope that the Bill will address this and encourage part-time learning and learning throughout one’s lifetime. Amendment 41 refers to,

“including access to part-time study and lifelong learning”.

In fact, I would encourage it; it is crucial.

Higher Education and Research Bill

Lord Storey Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 9th January 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, I feel incredibly nervous speaking surrounded by chancellors past and present, professors, masters, wardens et al, as someone who received a certificate of education and then did a part-time degree while he was working. I agree with the noble Lord, Lord Anderson, that the reason for the clause is the Bill itself and what it might cause to happen, and what we are seeing on some of our university campuses in terms of academic freedom and freedom of speech.

I agree with the noble Lord, Lord Smith, that the wording of any definition has to be precise. Subsection (3) of the proposed new clause states:

“UK universities must provide an extensive range of high quality academic subjects”.

It is the phrase “extensive range” that worries me. Your Lordships will be aware that there are specialist universities such as the University for the Creative Arts, the Arts University Bournemouth and, in my city, the Liverpool Institute for Performing Arts, which was set up by Paul McCartney to develop the creative and performing arts. By their nature, they do not have an extensive range of academic subjects; they have a specialist, narrow range. I am sure that the clause was not intended to exclude them, but that irks those colleges and goes to show how important it is to get the wording right.

As the noble Lord, Lord Cormack, said, the Bill is imperfect, and this is the opportunity to make an imperfect Bill perfect. The new clause can be simply dealt with if the Minister responds by saying, “Yes, it is important that we have a definition and state the functions of a university, and we will spend time getting the wording right”. If that does not happen, it will presumably have to be pressed to a vote.

[Lord Lucas]

Does the noble Lord agree that, under the conventions of this House, if we vote on the amendment today, we are stuck with it; we cannot change it any more? If we want to do better—to produce an amendment with the same sort of effects but which takes into account all the good advice from, for instance, the noble Lord, Lord Broers, and the noble Lord himself—we must not vote today; we must aim to vote on a better amendment.

[Lord Storey]

I agree with the noble Lord, Lord Lucas. That is why I said that when the Minister replies, he must state clearly his intentions regarding the functions of universities. If he spells that out, there will be no need to press this to a vote.

[Lord Forsyth of Drumlean]

My Lords, I have no offices to declare and I hope I will not bore the House, but I had experience of setting up a new university, the University of the Highlands and Islands, some 20 years ago. I recall that there was huge opposition from existing universities, which did not like the idea of a new university using new technology and the emerging internet, so I have reservations about the amendment. By creating a definition, it appears to be restricting the opportunities for change, variety and diversity in the university sector, so I think it is fundamentally misguided.

I also think that it is a great mistake to have declarative clauses in any legislation. If the amendment were passed, how would it be enforced? What kind of trouble would it cause existing universities, with people bringing judicial review and so on? Then I thought: why are so many very bright, intelligent and knowledgeable people getting up to make speeches in support of it? The elephant in the room is that we are worried about the content of the Bill and the effect that it will have on the autonomy and freedom of speech of the universities. As the noble Lord, Lord Myners, pointed out, we are also worried about the extent to which corporate governance in some universities is strong and effective enough to ensure value for money for the taxpayer. So the Minister has a difficult task.

The problem arises because of the content of the Bill. It would seem better to address the issues that are included in the list by looking at what the legislation says. I am a free market Tory; I do not believe in government interfering in institutions that are doing perfectly well, thank you very much, but I do believe in getting value for money. However, I do not think that it is right to create a situation that we had in Scotland recently—if I can use the referendum word—where the principal of my former university, St Andrews, complained about Mr Alex Salmond putting pressure on the university for political reasons. That is a good example of how things can go very badly wrong.

We should focus on the content of the Bill and what the Bill says to strengthen the autonomy of universities. To pass the amendment would be a very great mistake because, as many people have said—including my noble friend Lord Willetts—by putting in a definition of this kind we may actually achieve the opposite of what is intended in its purpose. I speak in support of the Minister, who has a difficult job. I think that he should reject the amendment, but he should also go back to his colleagues and say, “There is a problem here. What can we do in terms of the substance of the Bill to address the concerns about having autonomy in our universities and keeping government and outside organisations from interfering in their day-to-day work and in their views on how they should be run and expanded?”.

Private Colleges

Lord Storey Excerpts

Wednesday 21st December 2016 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what plans they have for further regulation of private colleges.

[Viscount Younger of Leckie (Con)]

The Higher Education and Research Bill, which is currently undergoing scrutiny in this House, will introduce a single regulatory system administered by a new body, the Office for Students. This will replace the current fragmented, complex and outdated system and will regulate all higher education providers, including private providers, by the same standards and conditions proportionate to their risk. While the Bill progresses through Parliament, we remain committed to strengthening the current alternative provider system.

[Lord Storey]

I am delighted to hear the Minister’s reply. Does he not agree that while it is important that more students from disadvantaged backgrounds get the opportunity to pursue higher level courses, when some private colleges enrol them they have problems with basic English and numeracy and they need extra support? When colleges have a progression rate meaning that 50% fail and the pass rate is very low, that does not help and support these young people.

[Viscount Younger of Leckie]

I note what the noble Lord says but the recruitment practices and academic performance of alternative providers, including available progression rates, are all taken into account by the department and, as he will know, by the Quality Assurance Agency for Higher Education. We can and do take action when these fall below acceptable standards. Validation agreements are different for every provider but the degree-awarding body is ultimately responsible for the quality of the learning programme. Under our planned reforms we will give the Office for Students enabling powers to improve validation agreements, including regular monitoring.

Independent Schools: Free Places

Lord Storey Excerpts

Wednesday 14th December 2016 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness’s comment about educational issues in the north-east. Of course, this is not a panacea. Only 7% of the population is educated at private schools, and they are predominantly in the south of England. As I said, our proposals will have to be practicable.

[Lord Storey (LD)]

The Minister will be aware that independent schools have the advantage of charitable status, and that advantage brings responsibilities. Is he confident that all independent schools are carrying out their obligations in terms of receiving charitable status? If not, what does he propose to do about it?

[Lord Nash]

The purpose of these proposals is to ensure that the public benefits widely from that charitable status. It is clear that many independent schools are possibly putting back into the system more than they are getting in charitable status, but it is also clear that some are not. As I said, we want to see a bigger effort on a wider front.

National Funding Formulae for Schools and High Needs

Lord Storey Excerpts

Wednesday 14th December 2016 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement. I also thank him—or perhaps it should be his officials at the Department for Education—for assisting those of us who are unable to grasp the main arguments within the Statement by helpfully underlining the really important words in it, just as the red tops do for their readers. It is a quite extraordinary development in the issuing of Statements.

The outcome for schools across the country will undoubtedly be disappointing, even for the 10,000 or so—less than half of all schools—which are to gain, because no new money is promised by the Government. That is hardly a surprise, but what is a surprise is that the Government have chosen to release the Statement today, apparently oblivious to the fact that the National Audit Office was issuing its report on the financial sustainability of schools just hours earlier. This Statement has already been delayed for too long. Had it been produced in a more timely fashion, perhaps the Government could have enabled the NAO to take on board the plans outlined in it, but that has not happened.

I have no doubt that the Minister and the Secretary of State would rather that the National Audit Office had kept quiet, because Whitehall’s spending watchdog paints a markedly different picture to the upbeat scene sketched out in the Statement. The NAO says that the Government’s approach to managing the risks to schools’ financial sustainability cannot be judged to be “effective” or to be “providing value for money”. Schools have to make £3 billion in efficiency savings by 2019-20 against a background of growing pupil numbers and a real-terms reduction in funding per pupil. Indeed, Sir Amyas Morse, head of the NAO, does not pull his punches. He says:

“Schools could make the ‘desirable’ efficiencies that the Department judges feasible or could make spending choices that put educational outcomes at risk. The Department, therefore, needs effective oversight arrangements that give early warning of problems, and it needs to be ready to intervene quickly where problems do arise”.

Unfortunately, the department’s own Statement is not leading the news agenda because it has been overshadowed by the NAO report—which, unlike the Government’s, is not partisan because the NAO’s remit is to help the Government in their drive to improve public services, national and locally. However, I would forgive the Minister if, at this point, he does not quite view the latest intervention by the National Audit Office in that way.

Not only is there no new money, but less than half of schools, as I said, stand to gain from the new funding formula. There is scant information in the Statement about the losers, just a rather complacent comment that no school will lose out by more than 3% per pupil overall. In many cases, school budgets are already intolerably stretched, and there simply is no room to absorb any kind of cut, whether 3% or less. Can the Minister say precisely how many schools will lose, how much they will lose in total and over what timescale? Can he further say what estimate—if any—has been made of the resultant impact on them and their pupils? Will there be job losses? What will the effect be on class sizes? It really is unacceptable that the Statement does not even hint at such information. Perhaps it is in the more detailed papers that accompanied the Statement, which I regret I have not yet had time to scrutinise. But the Minister will have had sufficient time, so I hope he may be able to enlighten noble Lords.

The Statement repeats the palpably false claim that the core schools budget will be protected overall in real terms. The National Audit Office report debunks that myth, stating that although average funding per pupil will rise from £5,447 in the current year to £5,519 in 2019-20, once inflation is taken into account that amounts to a real-terms reduction. I suspect the Minister will be unwilling to accept that analysis. If so, I suggest that he hears it from the chalkface. He may, like other noble Lords, have been listening to Radio 4’s “Today” programme this morning when Anne Lyons, head teacher at St John Fisher Catholic Primary School in London, was interviewed. Of course, it is likely that schools in London will be among the hardest hit by the new formula. She said that schools were at breaking point:

“We realise we have to do more with less money in reality … But we’re now at the stage—we’re at breaking point”.

She also said:

“Like many schools … facing these cuts, we are worried … It means that we’re struggling to maintain the services we’ve been able to offer. We’re cutting activities. We’re a school that is increasing in size … we can’t increase the staffing in line with the increase in pupil numbers … the only way some schools are going to manage this significant cut in real terms is through staff cuts—and that’s going to add to workload”.

I accept that the news is not all bad, as high-needs pupils, as the Minister said, are to receive additional funding, and no local authority will see this part of their funding reduced. It is also to be welcomed that the issue of mobility has been recognised. But the Statement is plain wrong when it claims:

“Once implemented, the formula will mean that wherever a family lives in England, their children will attract a similar level of funding—one that properly reflects their needs”.

That is not the case, and this cannot be fine-tuned in that manner. A new funding formula was certainly needed, but it should have protected any school from suffering a reduction in funding, no matter how small, because schools simply cannot afford to have already stretched budgets reduced.

The Secretary of State should have fought her corner much more robustly with the Chancellor prior to the Autumn Statement to secure additional funding to protect schools scheduled to lose as a result of this Statement. The suggestion that schools make £1.7 billion in savings by using staff more efficiently just does not connect with the real world. Is the Minister unaware of teaching shortages? He certainly should not be, because I bang on about it often enough. Perhaps he can explain how efficiencies can be wrung out of schools that are already understaffed. Can he also confirm that there is no plan to pay for this funding formula by raiding the further education budget to some extent? That is often seen as an easy choice, and within the Department for Education it could be done. I am not saying there has been such a suggestion, but I would like the Minister to confirm that there is no question of stretching an already overstretched sector yet further.

For six years the Government forged ahead with an education policy containing just one strand, academisation. It was not particularly successful but at least it was consistent. Cue a new Prime Minister and suddenly, that has been turned upside down, with grammar schools now the answer. Of course they are not—only a small clique within the Conservative Party, of which I know the Minister is not a member, believes that—but it serves to highlight the turmoil within current government education policy. This approach has resulted in no progress against international comparisons, a crisis in teacher recruitment and retention, a majority of secondary schools with budget deficits and now schools across the country facing the most severe cuts to their budgets in a generation, while the only new money being offered to schools in England is to expand the few remaining grammar schools— 80% of them, unsurprisingly, in Tory-held seats—regardless of where the need for new places is. I suggest that that sums up the Government’s priorities. Despite their platitudes about education for all, their concern is really only for the few. That simply is not good enough. Our children deserve much better than this.

[Lord Storey (LD)]

My Lords, I thank the Minister for repeating the Statement. It says that our current system is “broken and unfair”. Yes it is; as the noble Lord, Lord Watson, has rightly pointed out, we have real problems of teacher supply in schools throughout the country, and teacher shortages in major subjects such as mathematics. There is also the current funding crisis.

I slightly disagree with the Statement where it says the Government have,

“protected the core schools budget in real terms overall”.

However, those school budgets have not taken account of the increases of on-costs and national insurance. Many schools have faced real financial problems. I welcome the Minister’s comments about the pupil premium and rural schools, and the promise of further financial resources for the disadvantaged. The additional safeguards, including the redrafted formula, are very welcome, but schools are still currently facing reductions of more than 3% per pupil, and this does not resolve their concerns or ours. The proposal does not change the real financial situation that our schools are facing. We are seeing real-terms cuts to education funding and, as the noble Lord, Lord Watson, has said, the National Audit Office has pointed out that by 2020 schools will have seen cuts of £3 billion and pupil funding fall by 8%. Those figures are just unimaginable.

We know—this is not illusory—that some head teachers are seriously considering cutting the school week to four days because their budgets are so tight that they just cannot operate a five-day week. Yet at the same time, against that backcloth, we have the Government committing £240 million-odd to the reintroduction of a grammar school system and, of course, the cost of enforced academisation.

I personally, along with my party, welcome the idea of fair funding. In my city of Liverpool, when my party took control, I felt it unfair that the previous party had funded pupils below the national average. We immediately increased the funding to above the national average, and the benefits were there for all to see: Liverpool pupils then outperformed the other core cities. Fair funding, as per its title, can be fair, but there are winners and losers. The only way that I think you can make it work is by ensuring that no school in a fair-funding system sees its pupil figure reduced; they have to be brought up to the top figure.

We are proposing a consistent base rate for every pupil at primary and secondary school that increases in value as they progress through the system. Does that mean that we will have differential rates of funding for an infant pupil as opposed to a junior, secondary or sixth form one? I thought the days had gone when we thought that an infant was not as worthy financially as a pupil at a sixth form college, when we know that in fact the equipment required for an infant costs far more. Perhaps the Minister could explain that point.

We welcome the consultation because it is important to get this right. How does the Minister see the consultation being fed back to your Lordships’ House?

[Lord Nash]

My Lords, perhaps I could just point out a few inaccuracies in the statement of the noble Lord, Lord Watson: 10,740 schools will gain, 9,128 will lose—54% of schools gain; and we have provided an extra £200 million.

The noble Lords, Lord Watson and Lord Storey, referred to the National Audit Office statement. Schools are making substantial efficiency savings—certainly in the academy sector, where we have much closer and more stringent financial oversight and much more information. I agree with the comments of the National Audit Office about some local authority schools. Schools are coming over from the local authority sector, whose financial controls appear to be very poor.

I invite the noble Lords, Lord Watson and Lord Storey, to look at the financial toolkits that we have developed on our website, particularly the very good clip from Sir Michael Wilkins of Outward Grange Academies Trust, one of our top performing academy groups. It has developed a toolkit called curriculum-led financial planning, which is a bottom-up analysis of how to remodel schools more efficiently and is creating significant savings in schools, and it has absorbed a number of schools into its family which have made significant savings at the same time as driving up education standards substantially. Any school considering going to a four-day week should contact the EFA for advice, because I am sure that by the application of such techniques, that can be avoided.

On the question of the noble Lord, Lord Storey, about differential rates, the answer is yes.