Higher Education and Research Bill

Amanda Milling Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 19th July 2016 Commons Chamber

[Mr Marsden]

I welcome what the hon. Gentleman says and the fact that he spoke so staunchly on the part of the remain campaign. The fact remains, as it were, that the Government have not put forward a pathway. I will talk about that later.

Everything one needs to know about that obsession can be found in one small section towards the start of the White Paper, which states that

“we need to confront the possibility of some institutions choosing – or needing – to exit the market. This is a crucial part of a healthy, competitive and well-functioning market, and such exits happen already – although not frequently – in the higher education sector. The Government should not prevent exit as a matter of policy...and it will remain the provider’s decision whether to exit and their responsibility to implement and action any exit plans.”

Such breezy complacency and laissez-faire attitudes would be comical were it not for the dire consequences that they threaten for thousands of students and dozens of research and higher education institutions.

The Government have made great play of their new teaching excellence framework as a way of strengthening HE’s offer to students. The Opposition of course approve of moves to value excellence in teaching—who could not?—and we approve of the concept of measuring teaching quality, but the lack of detail on how it will work is added to by concerns that the Government are using the TEF as a potential Trojan horse for removing the fee cap. If that happens, it could bring in its wake a two-tier system and a very damaging separation between teaching and research institutions.

We are strongly opposed to linking the TEF with fees, as are the majority of higher education institutions’ respondents to the Green Paper, which is why the Secretary of State was so coy in saying that only the best people believe in it. We are strongly opposed because, in the first year, it would allow almost all universities or HE providers to charge an automatic index-linked inflation increase to students. That is particularly problematic post-Brexit, with the fragility of our economy. There are no guarantees on the level of inflation for the next few years. Therefore, students could face significant increases in fees—the Government cannot guarantee otherwise.

In any case, as the White Paper makes clear, all bets are off, because we do not know what further increases will be permitted by the second and third stages of the TEF. The University and College Union and others are deeply concerned by the lack of parliamentary scrutiny built into the TEF. By putting key aspects of the TEF proposals out for consultation separately from the Bill, the Government are denying Parliament the chance to debate the vital aspects of the plan in full. The equality impact assessments the Government have published alongside the Bill raise further questions about the devil in the details of the TEF.

[Amanda Milling (Cannock Chase) (Con)]

Does the hon. Gentleman recognise that the link between the TEF and fees means that universities will be made more accountable for any increase in fees?

[Mr Marsden]

There is no evidence for that. The point is that, if universities have a fees case to make, they should make it. A number of universities have already said—I will say more about this shortly—that they do not wish to pursue that link. It is telling that the House of Commons Library briefing says of the impact assessment:

“The material in the assessment is nearly all qualitative. The impact of few, if any, of the policies are explicitly quantified.”

The TEF in its current format will not provide assessment by course. The equality analysis states that the

“TEF will recognise both part-time and full-time teaching quality”

but there are no details on how that will happen. Institutions such as Birkbeck and the Open University, which teach a wide range of students from more varied educational backgrounds, have concerns that they may not be dealt with in the same way as students from more traditional backgrounds.

--- Later in debate ---

[Mr Marsden]

From a right hon. Gentleman who has demonstrated his ability to turn on not one but several sixpences in the past few weeks, I think that that is a little rich. I will, however, deal with his particular point. It is not a question of saying that we do not support the teaching excellence framework. What we are saying is, “This is the Government and these are your Ministers. Bring forward the material to demonstrate it is going to work.” So far, they have not done so.

[Amanda Milling]

Will the hon. Gentleman give way?

[Mr Marsden]

No, I will make some more progress.

The higher education White Paper emphasises repeatedly that the driver for the changes is that half of job vacancies from now until 2022 are expected to be in occupations requiring high-level graduate skills, but there is little clarity on what that means. As my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) asked earlier, does that include levels of technical professional competence? If so, why is there no strong linkage with the skills plan released by the Department for Business, Innovation and Skills just two weeks ago? There is an obvious need for crossover between the skills plan and the higher education Bill, but the disconnect between them makes even less sense now that the Department for Education will be taking on skills and further education policy. If the opportunity for students at 16 and beyond to switch between higher education and vocational routes is to be real, why is the skills plan not linked directly with the HE White Paper?

A recent University and College Union survey showed that less than 10% of respondents recalled learning anything in school about higher education before year 9, or having any contact with a university. The Education Committee I served on and Peter Lampl at Sutton Trust have said for a number of years that it is imperative we give young people the aspirations they need at a much earlier age, so that they can make more informed choices about their future educational plans. I would like to see much more about that in the Bill, as I am sure would the rest of the House.

There are also huge question marks, following the changes to the mechanisms of government, about where the money is coming from. Will it all transfer over from the new Department for Business, Energy and Industrial Strategy? With the existing cuts across that Department, where will the resources to implement these wonderful changes come from, especially since the Department has huge school funding issues to fix?

The Government strategy for expanding HE and skills rests on their “loans will cure all” philosophy. As we have already seen, however, that is no guarantee. Less than 50% of the money allocated to the 24-plus advanced learner loans was taken up because of resistance from older learners. BIS had to return £150 million unused to the Treasury. On top of that, students have already been hit in the past 12 months by the triple whammy of scrapping maintenance grants for loans, freezing the student loan threshold and removing NHS bursaries. That has damaged social mobility for the most disadvantaged students.

The Bill places immense faith in the magic of the market. Central to its proposals are a concentration on creating a brave new world of what the Government are calling HE challenger institutions, which are likely to be private and for-profit. Before any Government Member jumps up, let me say that we are not in any way, shape or form opposed to new institutions. [Interruption.] The Secretary of State has had her say. I speak as someone who taught for nearly 20 years in what was a new institution, the Open University, which is one of the proudest boasts of the Labour Government under Harold Wilson. We will take no lessons from Conservative Members on that. The Government propose that new providers could be given degree-awarding powers straight away. Students would in effect be taking a gamble on probationary degrees from probationary providers. Who is going to pick up the pieces if it all goes wrong? It is still unclear what resources the proposed office for students will have to police this progress. What if the problems are not picked up until students have been working for their degrees for, say, 18 months? As I have said previously, the White Paper chirrups about the

“possibility of exit being a natural part of a healthy market”,

but students are not market traders and they do not easily slip a second time into the womb of higher education when they have been let down by that new shiny market.

Cutting corners in the process of becoming a higher education provider also poses a serious risk to staff and students, and increases the risk of public money being misused. We know that in 2011 concerns around BPP and the Apollo group caused the previous Secretary of State, David Willetts, to pause a major extension. Previous expansion of private providers in other jurisdictions has already affected the reputation of their higher education systems, with reports of phantom students, fraud and low quality of education. As Research Fortnight argued in May:

“The government’s proposed reforms are being billed as bold and innovative but in fact they are no such thing.”

It says the wording

“proportionate for the Bill’s regulatory aspects”

is “code for light touch” and that

“instead…the UK government has instead decided to emulate a model from which many in the rest of the world want to escape.”

Encouraging universities or new providers is important, but

“the title of university needs to be seen as a privilege…not an automatic entitlement”

and,

“in the long term it is quality that is at risk if the proposed legislation becomes law.”

One example of a potential threat to quality, which concerns a number of universities, might be the proliferation of private medical schools. Three new medical schools will be opened in England by 2017 and possibly as many as 20 may seek to enter the market in the next few years. These schools will be able to operate free of some of the restrictions facing publicly funded medical schools, in particular around the recruitment of home, EU and international students. That will create a distorted playing field, where existing institutions are unable to expand home or international intakes without penalty. It is also feared that they will have limited engagement with research, lowering the standard of medical education in the UK.

Baroness Alison Wolf was a part of the excellent Sainsbury report to which the Secretary of State referred earlier. In June, fresh from a stay in Australia, which has had its own provider controversies, she urged caution on the back of the experiences in higher education she had found there. She said:

“The Australian experience confirms the madness of the removal of caps on enrolments. I think it is morally outrageous that we encourage young people to take out these big loans and give up years of their lives when it is increasingly becoming obvious that in some universities the average earnings of graduates is lower than the average salary of non-graduates.”

UCU added its concerns, not least about the removal of minimum student numbers from the criteria for university title. So why are we scrapping the right to confer title by the Privy Council? In the rest of the world that might be seen as a symbol of excellence and scrutiny. The problematic unfolding and development of the office for students, certainly in its early years, means it will not be able to have the same sort of international clout, and it removes the role of Parliament from either approving or disapproving the university title as a backstop.

The alternative White Paper, produced by a broad group of researchers and academics—it is a good read—has also done us a service by reminding us of the history and chequered process over alternative providers under this Government and their predecessor. In December 2014, the Public Accounts Committee robustly criticised officials from BIS for repeatedly ignoring warnings from the Higher Education Funding Council for England about the for-profit sector. In the report published in February 2015, the Chair reported that

“Between 2010-11 and 2013-14, there was a rise in the number of students claiming support for courses at alternative providers, from 7,000 to 53,000. The total amount of public money paid to these students…increased from £50 million to around £675 million. The Department pressed ahead with the expansion of the alternative provider sector without sufficient regulation in place to protect public money.”

My hon. Friend the Member for Ilford North (Wes Streeting) has already referred to the famous photographed private memo casting doubt on BIS’s ability to solve this problem.

The Secretary of State talked about past objections. I think it was a recycling of something the Minister said recently to the Higher Education Policy Institute conference, although she did not go quite so far back as the Minister, who took us back to the 1820s and the “cockney universities”. When the Minister was asked what these new institutions would look like, having already had a lukewarm response from Google and Facebook, he could only say that a lot of them were interested.

The concern is for students whose institutions are forced to close. It is still unclear what resources the proposed office for students would have to police this or how affected students could be financially compensated and given a clear plan for completing their education. The White Paper says that all institutions will have an exit plan for their students, but how will it work? The Government’s own equality assessment admits:

“Ethnic minority students are more likely to come from a disadvantaged background which may mean that they cannot access the same financial or social resources as white British students in the event of a course or campus closure. We therefore expect”—

not “demand” or “will organise”—

“protection plans to have a greater impact on this group.”

--- Later in debate ---

[Amanda Milling (Cannock Chase) (Con)]

I am very grateful for the opportunity to speak in this debate. I welcome the Secretary of State to her role. I am also very pleased that the Minister is taking the Bill through the House, as he spent many months working on the Green Paper and, more recently, the White Paper.

I welcome the news that further and higher education will be pulled in to the Department for Education. I note the comments of my hon. Friend the Member for Stroud (Neil Carmichael) about the Education Committee’s workload increasing significantly, but perhaps my workload will reduce somewhat because the Sub-Committee on Education, Skills and the Economy might be somewhat short-lived.

We have an outstanding higher education system. We have world-leading universities—we are home to four of the world’s top 10 universities—and are second only to the US. However, we must not be complacent, which is why I welcome the Bill. The research excellence framework is a well established and recognised way of assessing and incentivising high quality research. However, the higher education sector has been too heavily geared to prioritising academic research. The Bill looks to achieve a much better balance, emphasising those things that matter to students, their parents and employers.

We need to ensure that students get value for money. We need to ensure that, at the end of their degree, they feel that they have gained from their university experience and, critically, that they can progress on to graduate jobs or further study. We need to ensure that we do not hear students saying, “Was university really worth it?”

To take a few facts, worryingly, the HEIFESS—higher education in further education students survey—showed that more than a third of students said that they would have made a different decision if they had known then what they know now. Similarly a Higher Education Statistics Agency survey showed that around 20% of employed graduates are in non-professional roles three and a half years after graduating.

Students need better information about universities and the courses they are looking at, and support to get into graduate roles. I therefore welcome the creation of the office for students, as set out in part 1 of the Bill, which will be the main regulatory body for higher education in England. The duties of the office for students will be to promote quality, greater choice and opportunities for students. Specifically, it will operate the teaching excellence framework, which we have heard a lot about this afternoon. There should be no surprise about the TEF because it was a key Conservative manifesto commitment.

The TEF will put in place incentives designed to drive up the standard of teaching in all universities and provide students with greater clarity about where teaching is best and about the benefits they can expect to gain from their course. In turn, that will create more competition within the sector and continue to drive up the standard of teaching. It will focus on helping students progress into employment or further study.

The Business, Innovation and Skills Committee, of which I am a member, along with the hon. Member for Sheffield Central (Paul Blomfield), who is in his place, conducted an inquiry into the new TEF. As a Committee, we welcomed and endorsed the Government’s focus on teaching quality, agreeing that a stronger incentive to focus on teaching quality via the TEF will help to ensure that higher education institutions meet student expectations and improve on their leading international position.

Although the rationale for the TEF was generally accepted by the sector, questions and concerns were raised about the potential metrics, how it will affect institutions and how it will apply. Specifically, concerns were raised about the link between the proposed metrics—employability, retention and satisfaction—and teaching quality, and the potential unintended consequences of institutions seeking to optimise their scores on each metric.

Learning gain was suggested as an alternative—other countries are exploring it— but work needs to be done to establish an effective way to measure it. I understand that the Higher Education Funding Council for England is undertaking pilot studies on learning gain or added value metrics that might work, but they could take two or three years to develop. The Committee therefore called on all parties to prioritise the speedy establishment of viable metrics relating to learn and gain.

The technical consultation was therefore welcome and an opportunity for the sector to engage further with the development of the TEF, including ways in which it believed graduate employment could be measured. The development of additional metrics is key to ensuring that it can be incorporated in the TEF by year three, 2018-19, as set out in the White Paper published in May. As I understand it, the technical consultation closed in July. Will the Minister, when he comes to wind up, update the House on progress in developing additional metrics: those being considered and pilots currently being undertaken? The need to pilot the TEF, the metrics and the development of additional measures means it was welcome news in the White Paper that the speed at which the TEF would be implemented, specifically the link with fees, would be slowed down.

Turning to the link between the TEF and fees, we need to ensure that the higher education sector is on a financially sustainable footing. With record numbers of students securing a place at university, we have seen that tuition fees did not stop young people accessing university. With the student loan system, we have a mechanism by which students do not need to meet the costs of university up front. Labour created a provision in law to maintain tuition fees in line with inflation in the Higher Education Act 2004. Between 2007 and 2010, Labour raised tuition fees in line with inflation every year. The tuition cap of £9,000, set in 2012, is now worth only £8,500 in real terms and is expected to erode further, potentially to £8,000 by the end of the Parliament.

To date, there has been no accountability when it comes to institutions increasing their fees in line with inflation. With the real value of tuition fees declining and concerns in the sector about maintaining levels of investment, we need to find ways to provide universities with the scope to increase their fees in a way that is fair and accountable. The TEF has a role to play, although all parties need to work together on design and the metrics to make it work in practice. As I have said, I am pleased that the White Paper confirmed that 2017-18 will be used as a trial year. I am sure the higher education sector will have welcomed the opportunity to input further into the technical consultation.

I was pleased to read an article by Steve Smith, vice-chancellor of the University of Exeter, in the Times Higher Education. Despite concerns about some of the detail, he stated:

“But in my view, it is essential that we proceed with the teaching excellence framework (TEF) linked to tuition fee increases, a policy that offers significant benefits for the quality of higher education that are important to both students and universities. This is why Universities UK board unanimously supported the link between an effective TEF and fee rises.”

He went on to say:

“The government rightly wants ‘something for something’, for the economy and for students. For the economy, the TEF offers a way to support the continued improvement in the contribution of higher education to the knowledge economy through the creation of graduates with the skills needed by industry and business. For students, the ‘something’ is a funding mechanism that allows institutions to invest in teaching and the student experience and thereby to preserve and enhance the quality of education in our universities.”

Finally, I want to turn to the idea of new universities entering the market. Our economy needs more graduates. Over half of the job vacancies between now and 2022 are expected to be in occupations that employ graduates. As my right hon. Friend the Secretary of State mentioned in her speech, lifting the cap on student numbers means more university places being made available.

[Mr Hugo Swire (East Devon) (Con)]

Has my hon. Friend made any study of the outrageous discrimination suffered by English students studying at Scottish universities after we come out of the European Union?

[Amanda Milling]

My right hon. Friend makes an interesting point, on which I am sure there will be further discussions.

It is excellent news that record numbers of students are securing a university place. What is more, the proportion of young people from disadvantaged backgrounds going into higher education is up too. UCAS data show that young people from the most disadvantaged backgrounds are applying at a record rate in the 2016-17 academic year. This is excellent progress. But with more demand for graduates and more skills required in the workplace, the sector cannot stand still, which is why I welcome the provisions in part 1 of the Bill making it easier for new high-quality universities to enter the market. This will mean that more places can be created and that students will have more choice, as well as encouraging greater diversity and innovation in the sector.

[Jeremy Lefroy (Stafford) (Con)]

Does my hon. Friend therefore welcome the news that Chinese investors propose to take over the Staffordshire University campus in Stafford, vacated by Staffordshire University, to provide precisely that additional choice and—I am sure—excellence?

[Amanda Milling]

I thank my hon. Friend and constituency neighbour for his point. He is absolutely right. In fact, he must have been reading over my shoulder, because I was just about to talk about Staffordshire University. I currently do not have a university in Cannock Chase, but we have businesses and organisations with close links to Staffordshire University, and I have a lot of constituents who go there. As a consequence of the Bill and opening up the market to new entrants, perhaps one day I will have a new university in my constituency.

In conclusion, we have a world-class higher education sector, but we cannot be complacent. Our economy needs high-quality graduates and our graduates need the skills to contribute to our economy. I welcome the Bill. It demonstrates that the Government have a clear plan for higher education and builds on the progress already made.