(9Â years, 8Â months ago)
Lords ChamberMy 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 obligationâthat 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 Governmentâs view.
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 thatâthe 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.
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 studentsâ 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 universitiesâthings such as progression ratesâare 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.
(9Â years, 8Â months ago)
Lords ChamberMy Lords, further to the noble Lordâs last answerâ
My Lords, we will hear from the UKIP representative.
(9Â years, 8Â months ago)
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.
My Lords, the Minister may recall that I asked him a Written Question about whether the Government,
âhave any plans to increase oversight of or the level of responsibility in home-schooling in the light ofâ,
a 40% increase. In answer, the noble Lord, Lord Nash, referred to his reply of 14 March 2016, which said:
âSome 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 dataâ.
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?
(9Â years, 8Â months ago)
Lords ChamberMy 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 importantâwe 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, âWhen we use the word university, it is implicit that we mean all forms of higher educationâ, but, as my noble friend said, we should be clear about the importance of distance and part-time higher education learning.
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, âThe more you learn, the more you earnâ, and one can try to vouch for that.
The encouragement of lifelong learning is so importantâit 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 onâand promoting the concept ofâlifelong 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 MBAsâmasters in business administrationâwhich 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 âI 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 oneâs lifetime. Amendment 41 refers to,
âincluding access to part-time study and lifelong learningâ.
In fact, I would encourage it; it is crucial.
(9Â years, 8Â months ago)
Lords ChamberMy 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:
âUK universities must provide an extensive range of high quality academic subjectsâ.
It is the phrase âextensive rangeâ 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, âYes, it is important that we have a definition and state the functions of a university, and we will spend time getting the wording rightâ. If that does not happen, it will presumably have to be pressed to a vote.
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 betterâto 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 himselfâwe must not vote today; we must aim to vote on a better amendment.
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.
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 recentlyâif I can use the referendum wordâwhere 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 saidâincluding my noble friend Lord Willettsâby 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, âThere 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?â.
(9Â years, 9Â months ago)
Lords Chamber
To ask Her Majestyâs Government what plans they have for further regulation of private colleges.
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.
I am delighted to hear the Ministerâs 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.
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.
(9Â years, 9Â months ago)
Lords Chamber
Lord Nash
I agree entirely with the noble Baronessâs 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.
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.
(9Â years, 9Â months ago)
Lords ChamberMy Lords, I thank the Minister for repeating the Statement. I also thank himâor perhaps it should be his officials at the Department for Educationâfor 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 soâless than half of all schoolsâwhich 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 Whitehallâs spending watchdog paints a markedly different picture to the upbeat scene sketched out in the Statement. The NAO says that the Governmentâs approach to managing the risks to schoolsâ financial sustainability cannot be judged to be âeffectiveâ or to be âproviding value for moneyâ. Schools have to make ÂŁ3 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:
âSchools could make the âdesirableâ 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 ariseâ.
Unfortunately, the departmentâs own Statement is not leading the news agenda because it has been overshadowed by the NAO reportâwhich, unlike the Governmentâs, is not partisan because the NAOâs 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 estimateâif anyâhas 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 ÂŁ5,447 in the current year to ÂŁ5,519 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 4âs âTodayâ 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:
âWe realise we have to do more with less money in reality ⌠But weâre now at the stageâweâre at breaking pointâ.
She also said:
âLike many schools ⌠facing these cuts, we are worried ⌠It means that weâre struggling to maintain the services weâve been able to offer. Weâre cutting activities. Weâre a school that is increasing in size ⌠we canât 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 cutsâand thatâs going to add to workloadâ.
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:
âOnce implemented, the formula will mean that wherever a family lives in England, their children will attract a similar level of fundingâone that properly reflects their needsâ.
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 ÂŁ1.7 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 notâonly a small clique within the Conservative Party, of which I know the Minister is not a member, believes thatâbut 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 schoolsâ 80% of them, unsurprisingly, in Tory-held seatsâregardless of where the need for new places is. I suggest that that sums up the Governmentâs 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.
My Lords, I thank the Minister for repeating the Statement. It says that our current system is âbroken and unfairâ. 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,
âprotected the core schools budget in real terms overallâ.
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 Ministerâs 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 ÂŁ3 billion and pupil funding fall by 8%. Those figures are just unimaginable.
We knowâthis is not illusoryâthat 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 ÂŁ240 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 Lordshipsâ 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 loseâ54% of schools gain; and we have provided an extra ÂŁ200 million.
The noble Lords, Lord Watson and Lord Storey, referred to the National Audit Office statement. Schools are making substantial efficiency savingsâcertainly 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.
(9Â years, 9Â months ago)
Lords ChamberMy Lords, the Minister will recall that last time we had the PISA results there was a Statement in the other place that was repeated here, but given the fact that we are down three places in maths and our score in science is lower than before, I can perhaps understand why that has not happened again. The Minister will be aware that there is also an OECD survey about continuing professional development among teachers. I am afraid that the average is 11 days per annum, whereas the UK provides only four. How important does he think it is to make sure that the continuing professional development of our teachers is up to that of our competitors?
Lord Nash
I entirely agree with the noble Lord on that. Again, it is something that the multi-academy trusts are focusing on intensively in terms of supporting their teachers with CPD. We have an active programme, for instance, in maths. We fund high-quality professional development for maths teachers through our further maths support programme, our core maths support programme, the National Centre for Excellence in the Teaching of Mathematics and a number of universities.
(9Â years, 9Â months ago)
Lords ChamberMy Lords, coming up the escalators at Euston station, you see a number of illuminated signs telling you that sport science at Liverpool John Moores University is first class. I reflect on seeing this advert that John Moores is indeed first class in sport science and that our UK universities are first class and among the best in the world. So why are we potentially threatening our successful UK HE sector with a Bill that was devised before Brexit, when universities now face even greater uncertainties as a result of that referendum? On the other hand, higher education legislation tends to occur only once every dozen years or soâ1992, 2004 and 2016âso the Bill does provide an opportunity to debate important issues facing higher education institutions and students.
Judging by the vast number of briefings that have been sent and the number of speakers at this Second Reading, that opportunity needs fulfilling. There is real concern among the university sector about its independence, and the move to transfer oversight from the Privy Council to the Office for Students potentially puts that in jeopardy. The Government are being very reassuring on this, but why do it? We need to ensure that our universities are independent of government, and oversight by the Privy Council provides this.
The teaching excellence framework will ensure quality teaching in our universities. But will it? The TEF will be a highly bureaucratic exercise that will not and cannot measure teaching quality. Its metrics will focus on aspects such as graduate destinationsâwhich are beyond universitiesâ controlâand student satisfaction scores, which research shows are not correlated with educational outcomes and exhibit bias against women and minority-ethnic lecturers. If we really want to develop teaching quality in our universities, providing universities with the skills and opportunities to develop their teaching workforce is more important. Keeping lecturers on zero-hours and fixed-term contracts does not bring out the full teaching potential of a university lecturer.
Deregulation and an influx of new, and possibly low-quality, providers will negatively affect existing universities and local communities. For-profit providers will negatively affect existing universities, because private providers make no money by providing anything surplus to profit: no community outreach, no research, no public engagement, no work with local schools and colleges, no adult education, no student unions, often no libraries, and often with staff employed on insecure and low-wage contracts. These poorly regulated private providers will devalue degrees with subprime qualifications. We already see in private colleges where the degrees are validated by an existing university very high drop-out rates and poor pass ratesânot to mention the quality of the faculties and teaching.
Many universities like to hang banners from their estate proclaiming all sorts of positive statements about themselves. Do we really want to see banners which say this is a gold or silver institution? I guess there will not be many proclaiming bronze status. This will be a terrible message for prospective students and create a very divisive HE sector, which will see the gold standard universities prospering even further while the bronze become the poor relations. I can just hear it now: âOh, you only went to a bronze one?â. Overseas students will view our system as a whole in a very different light. I cannot see many overseas students choosing a bronze-marked university, and more students will choose to bypass the UK. Is this where we really want to go with our first-class, world-beating HE sector?
The Bill does give us the opportunity to consider some important HE issues in areas such as student loan repayment conditions, overseas students, mental health improvement plans, access and participation agreements, and perhaps even informing students how their fees are spent. I am sure that, with the tremendous expertise that exists among your Lordships and a Government who hopefully are in listening mode, we can ensure that we agree a Bill which retains all that is world class about our universities and their research work.