(7 years, 7 months ago)
Lords ChamberMy Lords, this amendment has two themes: transparency and accountability. I have to say to my colleague the noble Lord, Lord Willetts, that there is a degree of scepticism out there. He is right to have identified it but I think he is not right to have overly easily dismissed it. There is a degree of scepticism in the Committee and, indeed, in the academic community. It may just be the usual academic neurosis, but so be it; let us do what we can to reduce it.
This amendment is in the interests of transparency and accountability. There is a worry that we do not know a great deal from the Bill about the criteria that will be used to make judgments about academic and teaching quality. I am not surprised at this; there was the same problem when Ofsted was set up and there was a big argument. It is easier to begin to talk about academic quality there, and how we measure it, because school systems are much more homogenous than university systems. University systems range in teaching, and the range of teaching and types of teaching and courses is much less homogenous than in schools. That meant it was possible, at the end of the day, which is why Ofsted still lives, to produce an inspection system that carried some conviction.
We are not proposing through the Bill—I am pleased by this—a wholescale inspection system; we are proposing that judgments should be made about the quality of academic work, and teaching in particular, and the quality of academic education. I would like to know how that is to be assessed. Is it by student opinion, is it by degree results—it is easy to twiddle them—or is it by employability? The latter is important but it may depend on the part of the country in which you live or in which the university is situated. So one could give a whole range of possible criteria.
This amendment is actually a companion to Amendment 22. I did not realise it at the time because I had not seen Amendment 22—but it is. It is effectively saying to the Committee that there is room here for further consideration. The main line of accountability will be the annual report. I agree that that is not just worth doing but essential, especially in the early days. It may just be that the annual report gives us all the information we need, but in the Bill—not least in Schedule 1, which we are debating at the moment—the annual report looks much more like a request for an accountability report that you would send to a vice-chancellor to be sure that the money was spent above the board and in a due and appropriate fashion—which I am sure it is. But the Bill specifies a great deal about how you account for financing but not a great deal about how you account for the quality of research, which we will come to, and initially, at this stage, education. How do we do it?
I was stimulated further by—would you believe?—listening to Radio 4. The distinguished historian Diarmaid MacCulloch has a series at the moment on the Reformation. He started by reminding us that this is the 500th anniversary of the Reformation and set it in the context of the Renaissance, the Reformation and the Enlightenment. What do these three things have in common and what do they have to do with the Bill? What they have in common is that they were all the children of university activity: the kinds of activity that go on in universities. If we are going to assess the quality of education, where is our place in that great pantheon of Renaissance, Reformation and Enlightenment? These are the values on which western civilisation still exists. That is where they came from.
I am not asking for a committee that will assess the published works of academics and say, “Ah, we have a future Enlightenment contribution here”, but for much less: something that at least gestures towards the question of how you assess educational quality. I do not think that the Bill does that.
My solution—I cannot think of a better one at the moment but I may come back to this—is to say: let us have the annual report but insist that these matters which relate directly to the quality of education, and I list three or four, should be a specific point of report, not just whether the books are square. Let us see at the end of the debate that they will have in Parliament—that is the one concession that Ofsted got when it was set up; the annual report would be laid before Parliament and would not be a matter simply for the Department for Education—that the annual report laid there deals with these matters and is debated by the constitutional system that we have, with Members of Parliament in this House or in the other place able, because there is transparency in the information provided, to hold to account how the system is developing. I genuinely hope that it will develop well, and by and large I think it will. But that is not certain, and giving interested parties the opportunity to debate it on an informed basis in Parliament could be one way of making that more likely. I beg to move.
My Lords, I will speak to Amendments 28, 48 and 465 in this group, which have nothing at all to do with the amendment moved by the noble Lord, Lord Sutherland. Perhaps they were grouped together for the convenience of having a short debate. I hope to disappoint my noble friend on that front because here we come across what I hope will be one of the areas in which we choose to stand firm against the Government as a whole—but not at all against the Minister for Universities—with regard to the Government’s relationship with universities.
As we debated at some length a few weeks ago, universities face a very serious problem with the current attitudes being taken by the Home Office to immigration. The Home Office will not say what it seeks to achieve, why it seeks to achieve it or how it hopes universities can do better in forming a partnership with the Home Office to achieve its legitimate objectives and universities’ objectives at the same time. I find that a deeply unsatisfactory state of affairs and I greatly regret that the Home Office is choosing to take that position. There is a much more constructive position that it could take: one of seeking partnership with the university sector to address problems that we as a nation have and perceive and to resolve those problems in the interests of the country as a whole, not leaving out the financial, commercial and human interests of the university sector. With a more rational attitude taken by the Home Office, there could be a real resolution of these problems.
In the context of the Bill, with these amendments I am trying to search for ways in which the university sector could organise and present itself so that the nation would be on its side and it would be equipped with the data, the information and the means of self-improvement to make it an excellent partner for the Home Office when we get a change of heart in the Home Office—as eventually we must.
I do not lay any particular force on the wording of the amendments. Amendment 28 says that the sector, and therefore the Office for Students, should make it clear what contribution overseas students are making to this country—we should not wait on the Home Office to produce that information for us but do it as a sector. The Office for Students should have a responsibility for making sure that that information is gathered and published so that we have a clear, well-presented statement of the benefits that come from having overseas students.
My Lords, perhaps I can just sign off on my amendments before the noble Lord, Lord Sutherland, brings this to a conclusion. I am grateful to my noble friend for his detailed comments on my amendments and I will read what he has said carefully. I am not at all sure that he has convinced me, but these are subjects that we will return to several times in the course of this Bill—most focus will be, as has been said, on Amendment 462. I very much hope that the Government are thinking through what they will do to convince their own side, let alone the other sides in this Committee, that this Bill should be permitted to proceed without some forceful amendment on overseas students.
I was interested by the argument that my noble friend made on visa refusal rates. He is effectively saying that we should hide from students whether their university is about to go bust—not only overseas students who are going to start over here on a course that is about to be extinguished by the Home Office, but our own students who will find the university going down the plug hole because it no longer has the money from the overseas students. It is an astonishing attitude, I think, that the commercial interests of a failing university should be put ahead of those of both our own and international students. I very much hope that this House will manage to persuade the Government otherwise at a later stage.
My Lords, as I was about to say a moment ago, this is a strange position that I find myself in. I feel a bit like an academic who has been conducting a really quite polite seminar and, as he finishes, he looks round and sees a herd of buffalo charging towards him full of fine thoughts and great wisdom. I want simply to make the point that I support very warmly the issues that have been raised about overseas students.
I spent a number of years working with the University Grants Committee in Hong Kong as one of its international advisers. I got to know quite a few of the Australian vice-chancellors, because some of the best of them went there also. When they heard what we were doing they guffawed as only an Australian vice-chancellor can guffaw—it is a powerful sound, I can tell you. Their reaction was, “We will clean up on this”, and they are doing so with great skill and expertise.
This is an ill-designed grouping of amendments. The point was made earlier that they have more to do with each other than perhaps we first realised, but one issue that has come up is that the Government have not yet reassured the wider community that all will be well. That is the point of the transparency that I am seeking. If they have not done that then they have not yet done their job. The finest illustration of this is the debate that we have just had. The wisdom of the Government in relation to overseas students is not a fine clarion call to support extra powers for government-appointed bodies to run the rule over the registering and deregistering of universities. We were told earlier this afternoon even that there will of course be people such as wise and mature academics and whosoever, but the evidence is sufficient for us to know that Governments can sometimes get things badly wrong. Although I will withdraw my amendment, such a mechanism is perhaps a partial safeguard against that, but I will come back to this in due course.
I thank the Minister for his comments, his offer of a meeting and his reference to the piece that was published in the autumn. I am one of those sceptics who likes things on the face of the Bill and we will come back to this in due course, but I thank him none the less.
(10 years, 6 months ago)
Lords ChamberMy Lords, while I share the concerns of the noble Baroness—particularly as I have an 11 year-old daughter—I do not think that her amendment achieves anything. It asks ISPs to do something that is impossible. How can they provide subscribers with an internet access service that excludes adult content? People can use proxy servers; they can link across to their parents’ computers if they have set their parents’ computers up right; they can use sites that are newly created every day and whose URLs are spread by e-mail; they can indulge in these things through chat programmes, where there is nothing about the site that tells you what it is being used for. There are so many ways in which the nasty side of the internet can spread. It is utterly impossible for ISPs to block; there is no technology that would enable them to perform the functions set out here. How does a little ISP know which sites in this swiftly moving internet are offering the content which offends this amendment that were not doing so yesterday and may not do so tomorrow? They get passed around by kids and are designed to be fast moving. I cannot see how there is anything in this approach of requiring individual ISPs to do things that has any hope of success or of producing a law that is feasible and possible for individual companies to do.
If we were to approach this, perhaps, on a national level by asking our friends in Cheltenham—who, presumably, already read most of this stuff—to put a stopper on the stuff that would offend, perhaps we would have some hope of keeping up with the pace of the avoidance mechanisms that are out there. Unless we do it in a co-ordinated way like that, we really have no hope of achieving exclusion. I therefore beg the noble Baroness to think again and to look rather at enabling parents to exercise proper jurisdiction over what their children are doing. It is really quite hard to find good programmes that you can put on your children’s machines that will tell you what they have been doing and enable you to share with them what they have been seeing and experiencing on the internet and to educate and guide them. By and large, those programmes are not available on ISPs’ websites. Individual parental responsibility has a much better hope of looking after our children than pretending that we can block something when we cannot.
My Lords, the previous speaker has made very plain that the ingenuity of young people is very considerable. I admire greatly his technical knowledge and understanding of the issues before us now. However, I draw attention to a very important point made by the noble Baroness: that it seems appropriate in the non-internet sphere to have regulations to do what we can; yet the ingenuity of young people is huge there as well. Big brothers buy cigarettes or alcohol for small brothers. There are ways of pretending that you are 16 when you are only 14 and a half; huge ingenuity can be shown. If regulation is important, as we accept in the law in the non-internet sphere, then surely there is a case for considering it in the sphere of the internet. The benefits of it are huge, but the downsides are massive as well, and I look for consistency between law dealing with non-internet activity and with the internet.
(12 years, 6 months ago)
Lords ChamberMy Lords, before I speak to my amendment in this group, may I first say that I hope my noble friend will treat the points raised by the noble Lord, Lord Sutherland of Houndwood, and my noble friend Lady Brinton with seriousness? It is clear that in an internationally competitive environment it is very important that people have confidence in the proper protection of research databases.
I disagree with both amendments. The amendment moved by the noble Lord, Lord Sutherland, would blow a hole below the waterline of this clause and would certainly destroy all my attempts to get other information out of universities. The amendment spoken to by the noble Baroness, Lady Brinton, misses important points on the other side. It is terribly important that data become available once results have been published. Many of these programmes go on for a long time. Because we intend to use the data in a whole series of publications over the next 20 years, we will never let them go. However, it must be possible for people outside a research group to criticise the results as they are being produced or false conclusions will be dropped into science and never properly got at. To pick one example, given by the noble Lord, Lord Sutherland, the inspiration of Crick and Watson had to be combined with the meticulous work of Franklin. Without that combination and the data being made public, the discovery would not have been made.
On a point of order, it was information shared between research colleagues in two different institutions. In an atmosphere that is perhaps not quite as common today, it was willingly shared.
I understand and I remember from reading biographies that that was the case. None the less, the data were shared. To take an example from my time on the Front Bench as spokesman for agriculture during the problem of BSE, the Ministry of Agriculture, Fisheries and Food had been meticulously researching what was happening with this plague and had years of data. We had good people internally who were researching it. We did not know what was happening and we kept the data to ourselves. Three weeks after we released the data, we were told what was happening, which was transmission by food. That was right. Making data public, beyond a research group, is a very important thing to do at the right time. I should not like to see something in legislation that prevents that and allows people to hog data that should be public so that they can be properly criticised and understood.
My amendment is not on the same subject; it concerns technical bits of drafting in the same clause. I very much welcome the determination to provide greater access to data sets. It is something that I have struggled with, particularly with universities. All the universities that send me data stick copyright notices on them, which I studiously ignore. They have yet to sue me for it, probably because they have better things to do. Alternatively, I proposed as a remedy to one university that, if it insisted on its copyright notice, I would automatically generate an FOI exemption for every one of my users who wanted to access the data. The university thought that a number of 10,000 users a day was getting a bit large.
It is important that we understand that, when information is released under FOI, it can be passed on and made public; and that the generating institution does not retain some sort of control over it merely on a whim. I can understand why that might be the case if the material comprises something done under a publication scheme and is paid for, but otherwise it is very important that the information can be circulated whether in news media or in publications such as mine —the Good Schools Guide—or in many other applications.
I do not see why the proposals in the Bill do not go further and why they are restricted to data sets. It is common for all kinds of information released under FOI to be accompanied by a copyright. However, it is often obvious from the information that it has no conceivable commercial value to the public authority. A requester may have obtained a policy that he or she wants to publish on a website which demonstrates alleged shortcomings in an institution; for example, it may show that a decision has been taken without proper consideration of the consequences. The requester may want to write to Members of this House about the information that has been disclosed. Why should they be prevented from doing so by a copyright notice? It seems to me that the principles we are setting out in this clause should go further.
My second concern is about the definition of “data set”, which I believe is unjustifiably narrow. The Cabinet Office carried out an open data consultation which sets out admirably ambitious objectives for the greater use of data sets. Many collections of data currently gathered by public bodies which may be essential to revealing the inner workings of government do not seem to fall within the legal definition of a data set as set out in Clause 102(2). Any electronic collection of data which is the result of analysis or interpretation cannot be a data set because of new subsection (5)(b)(i) of the definition. The obligation to release it in reusable form will not apply to it, nor will the requirements to release it subject to the minimal restrictions embodied in a specific licence. The Information Commissioner will not be able to require that this collection of data must be published under an authority’s publication scheme. It seems that only raw data untouched by human hand are to be affected by this clause. That may suit people like me who spend their day with programs interpreting data, but most people want access to something which has been prepared for human consumption and has been set out in a way that members of a local authority are intended to understand rather than the geeks in their data department. I do not understand why the Government are seeking to exclude from this clause data which have been made human readable, as it were.
Paragraph (c) of the definition states that a data set remains one only so long as all or most of the information in it,
“remains presented in a way that (except for the purpose of forming part of the collection) has not been organised, adapted or otherwise materially altered since it was obtained”.
I am puzzled by that definition. A publication of data from a database may start off in the form of a spreadsheet consisting of three columns but is reorganised to consist of seven columns. Has enough been done to prevent the data set being published? How is anyone to know that? How is anyone to interpret that? How is any user to know that something is publishable? It seems to me that we are setting ourselves up for endless arguments. I am particularly concerned that authorities may find that, by reorganising data, they are able to conceal it from publication. It does not seem to me that that is the Government’s intention. I very much hope that they will explain to me their understanding of how this subsection may not be used in that way.
(13 years, 1 month ago)
Grand CommitteeMy Lords, I take a more radical view than my noble friend, although if her amendment was accepted a lot of my worries would be dealt with. The Government are making a great mistake in going down this route. It is not that I like Ofsted—I do not like the old-style Ofsted; a lot needs to be improved about it. But going in this direction is going to cause considerable problems down the road.
Schools that are rated outstanding often do not stay outstanding. Quite a high proportion of them drift downwards. This is entirely natural, with changes in the staff and in tempo and other changes that mean that a school loses its grip on the excellence that it once had. Perhaps it was lucky to get a grade 1 in the first place and has just slipped back to its natural place in grade 2. Unless you have some contact with the school, you absolutely do not know that that is happening.
One of the main grouses that I have with Ofsted at the moment is that it is very late to pick up changes. Ofsted will pile into a school and put it in special measures when, if it had caught it a couple of years earlier, it would have meant a minor change of course. I can think of an excellent secondary school in Manchester that was dumped into special measures when it got a head who was being experimental and trying all sorts of things and forgetting to look after the basic management of the school. It was a very easy thing for an experienced head to pick up; if someone had just come in, as my noble friend Lady Perry suggests, and had a look at the school, they would have sensed that immediately.
I do not share the confidence of my colleagues on the Liberal Democrat Benches that these things get picked up by parents, since parents are by and large terribly loyal to their schools. They do not talk to outside people or to Ofsted. There may be a flow of information round the local circuit, but it does not get out of that; no one complains. Often, there will be a flow of propaganda from the school that what it is doing is right and that the course it is taking is the best one. Even if it is experimental and there are some worries about it at the moment, it will all work out. Parents are inclined to accept that and an outside expert eye can make all the difference. At the moment, Ofsted is deficient in that it does not look at schools often enough and this causes much greater problems than there ought to be. If we get to a position where Ofsted does not see schools at all, we will start to have serious problems going unchecked, to the point where the rot is so bad that the fruit falls off the tree and the educational lives of a great many pupils are seriously damaged.
Beyond that, we are considering opening up the curriculum so that a great deal of what a secondary school, in particular, does will be down to that school. So we will start not to know what a school is doing and whether it is doing well unless someone tells us what is going on. How will we know that PSHE in a school is being done properly, or what is being done, or what is being taught? We will rely entirely on what the school chooses to tell us. If it is a good school doing the right thing, fine—that will be all right—but how will we know if that is the case?
The proposals in this clause, as they are now, will fail schools, fail children and fail parents and the information they should have. We should seriously look to do something about this.
My Lords, the clause is very radical in its consequences. Amendments 113D, 114 and 114A are all firefighting amendments and I support them as such, particularly with regard to the importance of safeguarding. However, I agree with my colleague and friend, the noble Lord, Lord Lucas, that, if we move away from requiring inspection of a whole range of schools, danger lies down the road and that we may be in a different position when debating this issue in five or 10 years’ time.
I was involved when Ofsted was established—I am sorry to be historical but this is relevant—and one of the earliest things I did was to go to a meeting with private school head teachers. I was wise to go to girls’ schools where they were mostly lady head teachers, who were much more reasonable. I challenged them and said, “If the state system can put up with this, what about you”? Much to their credit, they began to create an inspection system of their own and compared notes with Ofsted all the way down the line and found it beneficial.
On another bit of relevant history, five years ago during debates on the Education and Inspections Bill, a major issue about faith schools arose. Indeed, after re-reading Hansard and as I look around, it is like being back there—the noble Lord, Lord Lucas, the noble Baronesses, Lady Walmsley, Lady Sharpe, Lady Perry and Lady Howarth, were all there when we debated it at some length. They may recall—I certainly do, as I tabled one or two crucial amendments—that there was an immense degree of what I can only call aggression. Except for the issue of assisted dying, I have not seen the House of Lords quite as split right down the middle as on the question of the future of faith schools.
We have had a sensation of that in this Committee but we have held back, I am happy to say. However, that could be recreated because the exemptions proposed include a number of faith schools that cause severe worries for Members of the House. This may reopen the whole issue of whether there should be any at all, let alone, as the question was, any new ones. I see, for example, Amendment 114 as a step towards this. There could be other ways in which one might take a step towards obviating the possibility of a certain kind of curriculum, the way in which it is taught and a lack of attention to community cohesion—which I believe were the words on which the amendments at that time focused.
The crucial issue was that there would be a backstop, and Ofsted would inspect all schools on the basis of their capacity to create cohesion in the community. That provided a net within which many of the worries of Members of the House were resolved sufficiently for them not to move down the much more radical secular path. I put it to the Minister that a number of us would be minded to introduce further amendment at the next stage if Clause 39 stands in its current form without these issues being dealt with.
(13 years, 1 month ago)
Grand CommitteeMy Lords, I support the idea that schools should have discretion in relation to admissions policy but it should be a clear, publicly stated admissions policy. Out of that, however, come two difficulties, one of which is the possibility of anarchy. The noble Baroness, Lady Morris, indicated how that was the case. As a young, innocent parent who came to joust within the Inner London Education Authority, longer ago than I care to remember, there was an element of anarchy in the system. As a parent, if you were not savvy or did not know x, y and z, you could not crack it. There is an issue of anarchy here. If every school has its own admissions policy and there is no co-ordination, parents will find themselves in an anarchic situation but will not quite know it. The knowing and the well attached will do well. The second danger is fairness and unfairness. The point has been made and we need someone to take responsibility for saying whether or not cumulatively these admissions policies add up either to anarchy or unfairness. There may be better ways of doing it. The best way is having many excellent schools, but we are where we are.
I draw quick comparisons with universities. There was a risk of anarchy in admissions systems a number of years ago as a number of universities expanded in the 1960s and thereafter. That anarchy was dealt with in part through creating UCAS, the Universities and Colleges Admissions Service. For example, there was an agreement that you could not apply to both Oxford and Cambridge, and that if you wanted to apply to one of them, you had to apply earlier. Rules were worked out so that people knew where they were.
On the question of fairness, and here I put a direct question to the Government, in universities there is a sudden interest in fairness and access and OFFA may well have its powers increased to deal with a set of financial regulations about how universities are funded. It is interesting that in one educational context regulation and the imposition of fairness and unfairness is taking place, and yet in schools the same question of fairness is going in the other direction. We need consistency here.
My Lords, I look forward to what my noble friend has to say because I share some of the concerns of other Members of the Committee. I think it is important that we should continue to move schools admissions towards fairness. As the noble Baroness, Lady Morris, has pointed out, this is not the history of schools. They have always been interested in finding ways of covert selection. The history of the last 10 years or so has been a gradual winding back from that. We even have Cardinal Vaughan Memorial School, that great Catholic school in west London, removing some of the most objectionable means of social selection which were in its admissions criteria. There are other examples of progress throughout the UK.
The Anglican church has been very helpful in what it has done to make schools fairer. However, it is a process that goes against the natural inclination of schools and governors. Once parents capture a school, they tend to want to keep it captured. I find it hard to understand how the proposals in the Bill will improve fairness. At this point, I shall sit down and listen to my noble friend.
(13 years, 1 month ago)
Grand CommitteeI have been mentioned. I have not resiled from the position I took on Monday and I continue to have concerns about the overcrowding of the required curriculum, as I am bound to say in talking about these amendments. None the less, I accept that PSHE is a very important part of education for many young people and that it will continue in schools, and rightly so. However, it seems that we are trying to impose the shape of education through legislation, whereas the shape of education is a matter of balance and balance is never formulated in a set of clauses in a Bill. The real issue is how well this is done and whether a balance of attitude is preserved. This applies to PSHE and to the teaching of religion and about other faiths in faith schools.
I have reservations. First, I do not think that we do PSHE very well. We have already had mention of the fact that teenage pregnancy numbers may be falling but we are still the worst in Europe. STD admissions are rising among young people. Whatever we are doing, and we have done a lot more of it the last two years, we are not doing it well. I am not sure that legislating in this way will change that. Secondly, it is very much a delicate balance. Thirdly, one of the ways in which you try to deal with delicate balances in schools is by having an adequate inspection system. I am not saying that the one we have is good enough yet, but if there were an adequate inspection system one of the things it would ask is, “Is the balance of sex education in this school, in this community and in this culture right?”. That is what you would expect from a good school inspection. It looks as if, in this Bill, many schools will be exempted from that kind of inspection and that is where I see the gap. I would be reassured about all this being written down in an Act if there were some way of ensuring that it were well done in schools. It is a delicate issue. How this is taught varies from one school and one community to the next and that can only be properly assessed by trained and qualified inspectors.
My Lords, I entirely agree what with the noble Lord, Lord Sutherland, just said. I would have said it myself if I could have said it as well. It is crucial that children learn these things at school. It is daffy to prescribe that individual items should be learnt. One should look at the outcome. The only sensible way of looking at the outcome is inspection. This Bill is setting out to destroy that aspect of inspection rather than building on it, so I am entirely with the noble Lord, Lord Sutherland, in my concerns. The only other thing I would like to say is that this is a great subject to be debating in this room, under a picture of a PSHE lesson.
(13 years, 1 month ago)
Grand CommitteeMy Lords, before the Minister sits down, would he accept that there is a difference between a system in which, by and large, those who make the assessment—that is, the referees—are either coaches or mentors or colleagues and a system in which the independent referee is not also a coach? The difficulty in that relationship is, I think, the point of the amendment.
Yes, it would be rather like driving tests being administered by the driving instructor.