Higher Education and Research Bill (Fourth sitting)

Alex Chalk Excerpts

Committee Debate: 4th sitting: House of Commons
Thursday 8th September 2016 Public Bill Committees

[Mr Marsden]

I rise to support the comments of my hon. Friends the Members for Sheffield Central and for Ilford North and to propose amendment 122, which stands in my name and that of the shadow Secretary of State. I begin by making it clear that in no way do I doubt the bona fides and the good intentions of the Minister; I hope he realises that. However, as I said in the previous session, we have to produce legislation for a significant period, so we have to think about all sorts of situation.

My hon. Friend the Member for Ilford North, in an excellent speech, drew attention to the context in which these amendments are proposed today and to the aggregation of decisions, costs and responsibilities that has been growing for individual students of every age since we decided in the early 2000s to introduce a tuition fee regime. I do not wish to sound unkind, but there is an old saying about hanging concentrating the mind of the condemned person wonderfully. If the Government wish to put students as consumers at the heart of the Bill, I can only say that there has been a great deal of hanging and stretching over recent years to concentrate their minds in that respect. I do not wish to be partisan—I merely remark on the fact—but in my experience, having listened to a large number of students on the issue, perhaps the more profound point is that the tripling of tuition fees, the withdrawal of grants and their substitution with loans for disadvantaged students, and the freezing of the threshold, of which Martin Lewis spoke so eloquently in our evidence session, make the question of how they can have their voice truly heard in the process even more important.

Let me address what the Minister and the hon. Member for Bath said about their perception of the role of the proposed student representatives. Again, I do not believe that either intended this—I have already referred to the bona fides of the Minister, and the hon. Member for Bath does excellent work with my hon. Friend the Member for Sheffield Central on his all-party group on students, and all the rest of it—but I ask them to consider whether students might see as a little condescending the suggestion that the representatives are in place simply to represent the student body and not to reflect on any of the broader issues.

The Minister is right to say that in any corporation or organisation of any description, when people are put on boards, whether as paid or non-executive directors, we want to get good value out of them, so that they are not simply a representative of a particular organisation but have broader perspectives. Indeed, by being on the boards and involved in the process, they themselves develop in understanding of the industry—to talk in commercial terms—or, in this case, of the vocation and structures of universities.

We see that in other areas. I will remain within the spirit and the text of the amendment, Mr Hanson, but I wish to reflect on young people’s councils, which a number of Members of Parliament have in their constituencies. In some cases, those young people’s councils are involved in making decisions, working with the local councils and local authorities. As I am sure has been the experience of other hon. Members, when I have had engagement with students or young people in informal or formal events in my constituency, the one thing that has always come across strongly is that they do not want just to be sitting there and wearing only the one hat—to talk about young people’s issues. Young people of course have interests in specific areas such as higher education, but they are interested in all sorts of other areas as well. By extension, therefore, it is a faulty or deficient argument to say that the amendments are merely putting forward a token representative for a particular perspective.

[Alex Chalk (Cheltenham) (Con)]

Does the hon. Gentleman think it would be appropriate to take into account that the existing clause bakes in the desirability—in fact, the requirement—for OFS members to have experience of representing or promoting the interests of individual students or of students generally? In other words, that is already baked into the proposed legislation.

[Mr Marsden]

I hear the point made by the hon. Gentleman. He is absolutely right to say that paragraph 2(2)(a) of the schedule has such a reference. He talks about baking in, and I will not ask for a description of whether it is soft or hard-baked, but I would prefer to have the measure hard-baked into the Bill. The reason is to send out the message to students that they are valued, not simply as instrumental members of the board, but as a holistic part of the operation and one that can add value.

The principle is important, which is why I am spending some time on it at this stage, and it will appear in a series of other amendments that we will consider in due course. To turn specifically to the existing drafting of the Bill, the OFS is to have three designated places—one each for a chair, the chief executive officer and the director for fair access and participation. The remaining non-designated members have to collectively demonstrate experience and satisfy a number of criteria, but I agree with what the NUS said in its submission. Without the guarantee we propose, there would be no statutory protection for the student voice and no statutory protection for that time in the future when the Minister has moved on to higher and greater things and possibly even to No. 10—we may yet get a Johnson in No. 10. There is no guarantee in the Bill. It is true to say that ordinary members of the OFS will have experience of representing students, but that is not in itself a sufficient guarantee that the voice of students would be heard in the office that bears their name. This is about sending out a very important symbolic message, which would benefit the Bill.

In their evidence to the Committee, the NUS talked about specific values—it is, after all, a trade union and trade unions have to have due regard to the interests of their members, otherwise they would not exist—but it went beyond that. It said that, following the recent referendum and elections over the last few years, it is clear that young people have a great appetite to engage in politics and civic society and to shape the world around them. The NUS suggests all sorts of ways that that might be done, including individual electoral registration, but there is a broader point here, and on that point I want to refer to our evidence session with Mr Martin Lewis. Giving students the opportunity and the right to be at the heart of the office for students would confer not only those benefits on students, but would add value to this Government’s—to any Government’s—commitment to the democratic process.

To remind Members, Martin Lewis spoke in his evidence about the controversial issue of the freezing of the threshold—I am not going to go down that road at the moment. He went on to talk more broadly about breaking the principles of good governance and finance, and then continued:

“not only that, but this breach of trust makes it more difficult for people like me who have been trying to say to students, regardless”—

I am sure we don’t all share this view—

“of the political spittle generated—forgive me—by you people when you argue over these issues, that students can still afford to go to university… Let us not just treat students as consumers; let us treat them as voters and citizens.”––[Official Report, Higher Education and Research Public Bill Committee, 6 September 2016; c. 38-39, Q55.]

The danger is that retrospectively changing terms breaches a contract and breaches the belief in politics as a whole. My point is not about that specific issue; it is that this is a social contract, and that is extremely important. The Government are contracting to produce a body that they believe will do far more for students in the future. They want students to be enthusiastic about it, to abide by it and to participate in it. In return, students want to have the right to sit on that body. I am tempted to quote the famous saying of the American colonist who said, “No taxation without representation.” I hope that we will not have a civil war, such as that between England and what became the United States, but this is a totemic issue, which students feel strongly about.

If the Government were to consider and reflect on this issue, it would send a very strong signal of how important it is to include students in this process and in broader democratic processes. That would benefit all of us in Parliament in terms of improving engagement not just from younger students, but from older students as well. For those reasons, while I do not in way mistrust the bona fides of the Minister, the hon. Member for Bath or indeed anyone in the room, we do intend to press amendment 122 to a vote.

--- Later in debate ---

[Wes Streeting]

Having listened to the arguments, I am genuinely baffled by the Government’s reluctance to give way on the notion of student representation on the board of the office for students. I cannot understand how it could be reasonably argued that students’ interests lie at the heart of the office for students when there might be no voice around the table with current or recent experience of being a student.

[Alex Chalk]

Does the hon. Gentleman recognise that students are not being excluded? It is not the case that they will not be included; they just might not be. The schedule simply allows the flexibility to ensure that if the representative is a student, they are the best person for the job.

[Wes Streeting]

I am grateful for the hon. Gentleman’s intervention. It is in the nature of the business of the office for students, which is, after all, for students, that it will be always discussing the kind of issues on which it would be advantageous to have the perspective of a current or former student who had been involved in student representation, so that the OFS could reach the right conclusion and listen to the right perspectives.

It is some 12 years since I graduated from university, and more than half a decade since I left student representation. Although I maintain a passion for representing the interests of students, as reflected in the amendments I have tabled and in the contributions I tend to make in the Chamber, I do not pretend for a moment to know what it is like for students currently studying on my course at my university, let alone on all other courses at all other universities. Things have moved on. I know the higher education sector can sometimes move at a glacial pace when it comes to improvements and developments, and it suffers from small c conservatism, but none the less there have been significant changes. In the student finance system alone, the architecture for tuition fees has changed twice since I was at university, and the repayment terms and conditions have changed even more. I cannot understand the argument we have heard this afternoon.

--- Later in debate ---

[Mr Marsden]

I beg to move amendment 130, in schedule 1, page 64, line 39, leave out “considers appropriate” and insert “must specify”.

This amendment would ensure the Secretary of State must specify why a person has been removed as a member of the OfS.

I do not think that this is an issue of constitutional niceties, but it is an issue of beefing up something that I think is extremely important. I make this not as a partisan political observation, but as an observation from having been—dare I say it?—in this House for nearly 20 years and having seen various rows, crises and everything else about why various people have been removed by Ministers at various points in time.

The wording of the Bill at the moment gives far too broad a remit to the Secretary of State—any Secretary of State—simply to remove a member of the OFS without some form of explanation. I am familiar with the civil service: I have been a Parliamentary Private Secretary in three Departments. I am familiar with the civil service’s use of terminology, and the terminology “considers appropriate” basically means “You can do what the…you like if you are the Secretary of State.”

Again, I am thinking of the reputation of the OFS, particularly in its formative years. I do not think that simply saying “considers appropriate” is necessarily the best way of proceeding. That is why we are suggesting the alternative of “must specify”. And let me be very clear to the Minister and his officials before they come back and say, “Oh, this is terrible. It can’t be done.” The implication of this is not that we would expect the Secretary of State, if there were some person on the board who they thought was completely and utterly disruptive, objectionable and all the rest of it, to give chapter and verse as to why that was the case. However, we do think, for the sake of confidence in the board, that it would be helpful, including to the Minister concerned, if we had stronger terminology that dealt with situations in which the Secretary of State would have to remove a member of the OFS. There may be all sorts of perfectly non-controversial reasons why a member of the OFS would be removed—because of health or whatever—and those personal discretions could be dealt with, but we would feel more comfortable if we did not have the wording “considers appropriate”, which is vaguely suggestive of Henry VIII powers and which we would not be happy having in the Bill.

[Alex Chalk]

This is a reasonable point if I may say so, but is it not also right to take into account the fact that a Minister, as an officer of the Crown as it were, has to act rationally? If he does not act rationally, there is always the risk of sanction in the courts, and that always has to be recognised as a safety net.

[Mr Marsden]

I hear what the hon. Gentleman says, and of course we are all honourable Gentlemen and Ladies in this place and I hope we all act rationally, although there has been just a smidgen of examples in the past in which Ministers, on both sides of the House, appear not to have acted entirely so. [Hon. Members: “Surely not.”] Surely not. I take the point that the hon. Member for Cheltenham is making, but I feel that some movement—again, the Minister might not like the phrase “must specify”—away from a phrase that is redolent of Henry VIII powers would be helpful.