Higher Education and Research Bill (Seventh sitting)

Debate between Amanda Milling and Gordon Marsden

Committee Debate: 7th Sitting: House of Commons
Thursday 15th September 2016 Public Bill Committees

[Gordon Marsden]

I am more than happy to let the Minister intervene again when he gets his quotes right.

[Amanda Milling (Cannock Chase) (Con)]

With reference to the Select Committee, I want to pick up one point from its conclusions. The Select Committee said:

“We agree with the Government that no university should be allowed to increase its tuition fees without being able to demonstrate that the quality of its teaching meets minimum standards.”

[Gordon Marsden]

That is a perfectly reasonable and sagacious thing for the Select Committee to say, and it is to be expected. The Select Committee did not endorse this specific mechanism introduced in this specific way. [Interruption.] I am sorry, but we are going to have to disagree, though I am fairly sure that the record will bear me out on that. If the Minister wishes to demonstrate otherwise, he is able to do so.

I will move on as I am conscious of time, and we need to get some movement. I will talk about one or two other areas related to the linkage between TEF and fees. We will reserve the concerns of Cambridge and other universities about TEF for a later stage. We should also consider where this proposal will take a university’s position with regard to the students it wants to attract.

I want to quote Professor David Phoenix, chair of MillionPlus and the vice-chancellor—since we are quoting vice-chancellors this morning—of London South Bank University. When the Government’s Green Paper was produced, he rightly said:

“A focus on quality, continuous improvement and the incentivisation of excellent teaching is at the centre of every university’s ambitions for its students.”

He welcomed the Green Paper and, for the avoidance of doubt, the opportunity to highlight the many strengths and benefits of UK universities and their teaching, but he said this:

“Linking fee increases with a Teaching Excellence Framework…based on metrics that are proxies for teaching quality”—

that is the hub of the discussion, debate and aeration on the Minister’s part this morning: the automatic assumption that teaching quality equals his TEF—

“is unlikely to provide students or employers with an accurate picture of the rich and varied teaching and learning environments that universities provide. This risks damaging the reputation of the higher education sector in the UK and is why we recommend that the government defer the introduction of a multi-level TEF in 2018 until further work has been completed to determine the best way to promote teaching excellence.”

Since that Green Paper was published, there has been a lot of iteration and discussion, and I return to what I said at the beginning: I understand why the Minister has listened to the sector and not introduced the TEF in all its glory—if that is what it is to be—with the implications he wants for fees. Fees could go down, although I think it is unlikely. They are far more likely to go up, but that does not cancel out the points we have made all along.

We are not the only ones with concerns on these issues. We will talk about the cost of the teaching framework at another time, but the University and College Union, Unison and a range of other organisations oppose the Government’s plans to raise tuition fees and link variable rises to a rating system. That is precisely because they are concerned that those plans will further alienate young people, particularly those from disadvantaged backgrounds, and put them off going to those universities. In the process, that will affect those groups’ members. It will affect their members’ ability to have jobs, whether those are teaching jobs or all the other jobs done by the people needed to make universities work.

One of the things that depresses me most about the Government’s approach to the Bill thus far, certainly in Committee, is that they seem to have a blind spot about anything other than the mechanics of producing the legislation to do these things. Every time we table an amendment that would include students and members of the workforce, they fight shy of putting it in the Bill. I will leave that point there.

I need to touch what the situation will be if leading universities opt out of the TEF, which was the subject of an article in Times Higher Education at the beginning of September. Reference was made to various issues, including Russell Group universities perhaps not wanting to take part because:

“They fear that taking part in the TEF will become such an administratively burdensome activity that the cost of participation will become so expensive that it will outweigh the value of an inflationary increase in tuition fees.”

We should be concerned about that not only because it is causing Russell Group vice-chancellors to agonise but because it threatens both the future of the TEF—I repeat, we want to see a proper TEF succeed—and future access for the sorts of students whom every member of the Committee, no matter whether they are Government or Opposition, wants to see at university. We all want to improve access to participation.

It is extremely important that the process in this matter is not a repetition of the precedent from before the summer recess. The issues are extremely important. People are so frustrated about the teaching excellence framework not being debated on the Floor of the House and in the context of the Bill, because that will enable the Government to evade detailed scrutiny of all the issues and of that process subsequently.

We have already seen how the Government did not choose to address the 2.8% increase in fees on Second Reading. We seek an assurance that if there are any major issues related to the TEF, including what the Government wish to do or not to do on fees, it will not simply be left to ministerial guidance or, with all due respect, shuffled down to a Delegated Legislation Committee, which will not allow all Members of this House to engage with the important and potentially very beneficial development of properly recognising teaching in our universities and higher education institutions.

[Paul Blomfield]

As ever, it is a pleasure to serve under your chairmanship, Mr Hanson. I rise to make some relatively brief remarks on the principle of the fees link. The Minister is understandably but deliberately confusing the issues of teaching excellence and fee increases. The inquiry by the Select Committee on Business, Innovation and Skills received a considerable amount of evidence on this issue. When the Government were still thinking about the issue, the overwhelming bulk of evidence from universities was that, while they celebrated the Government’s intention to put teaching quality at the heart of the agenda—the Minister has quoted the evidence that they did so—and welcomed the opportunity provided by a teaching excellence framework, the measure would be wrong, could have perverse outcomes and certainly would not assist the Government’s objective of linking the teaching excellence framework to fee increases.

Many Opposition Members disagree with the current funding regime in our universities and want to see different approaches that adequately fund our universities so they can continue to be among the best in the world without some of the other consequences of the current regime.

Higher Education and Research Bill (Third sitting)

Debate between Amanda Milling and Gordon Marsden

Committee Debate: 3rd sitting: House of Commons
Thursday 8th September 2016 Public Bill Committees

[Mr Marsden]

I will be very specific. What have you done to respond to the widespread criticisms of the way in which you have put the future of the research councils together, set out in the letter that Lord Selborne sent you on 30 June?

Joseph Johnson: Thanks, Gordon. I do not think your comments reflect the evidence that you have been hearing this morning and Tuesday from witnesses such as Professor Sir Leszek Borysiewicz and others. They saw huge merits in the creation of UKRI and were unanimous in agreeing that we should incorporate Innovate UK within that body.

Of course, we received Lord Selborne’s letter and I gave a very comprehensive reply to it, which has been published and is in the public domain. We strongly believe that there are huge benefits to the business community from having a better understanding of what is going on in the research base and the opportunities that are coming out of it. We think there are huge advantages to the research base of being more aware of the needs of business. There is a big synergy there to be exploited.

[Amanda Milling]

Q Good afternoon, Minister. On Tuesday, Professor Gaskell said that Universities UK had advocated a well-regulated register of higher education providers. Do you feel that the Bill will enable that?

Joseph Johnson: Yes—one of the centrepieces of the Bill is the creation of the register. For the first time we are going to have a unified list of institutions that are recognised, that meet a defined quality standard and that are able to assure students that the institution that they are going to has been through a quality threshold. This is a really important unifying mechanism that creates coherence in what is currently a very fragmented regulatory architecture, where HEFCE regulates a number of publicly funded institutions, BIS directly regulates alternative providers and there is a third huge universe of providers who are outside of both regimes altogether.

For the first time we will have a register, which Mary Curnock Cook, the chief executive of UCAS, said on Tuesday would be of huge benefit to people applying to university and wanting to have some kind of assurance that the institution they were thinking of going to had been through some basic sanitary and hygiene checks.

Higher Education and Research Bill (Second sitting)

Debate between Amanda Milling and Gordon Marsden

Committee Debate: 2nd sitting: House of Commons
Tuesday 6th September 2016 Public Bill Committees

[Mr Marsden]

Q But what do you see in the Bill that is actually going to change that? Is there much read-across from the Bill and, for example, some of the proposals from the Sainsbury review? When you look at the forecasts in the technical documents that go with it, the number of FE colleges that are guesstimated to be providing HE courses in 10 years’ time is more or less exactly the same as at the moment. The concerns of many people are that this is a Bill that is predicated for alternative providers, but the FE sector does not really seem to be at the table.

Dame Ruth Silver: I have been both surprised and shocked at two things: first, the lack of mention of skills generally in the Bill, and secondly, the lack of knowledge or appreciation of what colleges do. To give some figures, 10% of HE graduates in 2014-15 came through colleges—180,000 learners every year. Those learners are different from the traditional, rather “boarding school” model of universities. They are part-time working while they have families, they are women returners and so on. Colleges widen access in crucial areas and areas where there is a cold place for communities. They are local, they are everywhere, and they are actually well used to the coming challenges, too. Neil talked about the polytechnics, which came from colleges of advanced technology, but the CATs came from technical colleges, so we have a long tradition of moving in, challenging and enriching the spread and fairness of offer to all in our communities, especially those in cold spots.

We are nearly ready. Look at the number of colleges that award higher education qualifications. I am hoping you will look, too, at thinking further about colleges having degree-awarding powers as well, again fitting employers’ and local community needs. This could be rather like the Olympic legacy planning. Start early and work with local communities; bring them in and bring them on. Go downstream and give people a fairer chance in the way that local colleges and local training providers can.

[Amanda Milling]

Q Good afternoon. I want to take a slight step back. Could you outline some of the barriers and challenges that new providers face in entering the market? How do you feel the Bill and the reforms will address these?

Angela Jones: We have just been through the whole process of finding a validating partner for our degree, and it was really difficult. There was no one place to go. There was no guidance. It was just a case of trying a few different bodies and trying to find some place that would support us. There was nothing central—no one that you could go to and say, “This is what we are looking to do. Can you advise us and help us through that process?” For us, the idea of an office for students in a central place to go and be supported through that process is very helpful.

We got a very different response from different universities. We started our own piece of research into the places that would suit us. We shortlisted five different universities that might work with us on the validation of our BA, and the responses that we received were wildly different. Some people just did not want anything to do with us; with some people we could not even find the information, despite them doing it as part of their business. Finding the partner initially was the biggest challenge. Anything that can address that for alternative providers is very important.

Professor Philip Wilson: We have been through the same process with finding a validation partner. The fees quoted by vice-chancellors for a validation partnership are very different. Because these agreements are often for a four to five-year period, business planning in the long term, particularly around capital expenditure on buildings, staff recruitment and staff planning, is very difficult. It almost encourages a shorter-term view of your business strategy, rather than something longer term. I totally agree about having a centralised place where there could be a list of universities that would be prepared to enter the validation market. That has become more difficult since the student number controls came off, because universities do not necessarily need the income. We have seen a number of institutions pull the ladder up from colleges on validation powers with pretty much no notice, which has caused a number of issues—it filters down to the students and causes disruption.

Neil Bates: Can I pick up on Gordon’s question? We as an organisation provide a whole range of high-level HE provision, but it is all delivered in the workplace context. All of our students on HNCs, HNDs or indeed our new degree apprenticeship in embedded electronics are employed by the businesses we work with. Our relationship with those businesses is extremely close. We support them in all their workforce development. We will be applying to have our own awarding powers because of our concern about the ability and capacity of universities to deliver degree-level programmes in a workplace context.

We spoke to two universities about our degree apprenticeship. One wanted to deliver it over six years and the other wanted to deliver it over four years. All of them wanted the apprentices to spend a whole year at the university, which is not what businesses want. Businesses want a responsive way of training their workforce up to degree level, and universities either have to become much more flexible and much more responsive or they are going to face competition from other organisations that are prepared to do that.

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[Amanda Milling]

Q In the Select Committee, we talked a lot about metrics and the balance between quantitative and qualitative metrics. Does the use of qualitative measures to evaluate performance address some of your concerns?

Sally Hunt: It is hard to answer the question. I do not mean to avoid it. What I am trying to convey is that TEF is not enough as it is constructed at the moment, with the criteria and tests that are being put in place and the links that are being created, for example, with fees. Peer review should be sitting at the core of it. What should also be at the core of it is universities showing students that the teachers in place are well trained, resourced and supported. That is not necessarily something that will be delivered through the criteria put in place at this point in time.

We are concerned about the Bill because it will put in place a system that will increase the complexity that universities have to weave their way through in order to get funding. It will increase the pressure on teachers, who are already under a great deal of strain—the average week is 50-plus hours and the average contract is very insecure—without necessarily asking universities to embed what will make the real difference to teaching, which is making sure they have quality terms and conditions for staff.

That is my central point on this. I recognise that others do not necessarily agree with us, but I think it is our duty and our role to bring it to your attention. There is nothing in the Bill at the moment that talks about the quality of staff, in terms of how they are supported, resourced and employed. At the end of the day, staff members and students in the classroom are critical, rather than everything going on around them.

[Mr Marsden]

Q The White Paper that gave birth to the Bill talks—in fact, it waxes lyrical—about the trials and potential successes, but also the downside, of the market. It talks about market failure. Particularly in respect of new providers and the proposals to lower the threshold at which they can come in—and, indeed, enjoy a form of university title almost from day one—what do the panel think the pluses and minuses of that process might be, in terms of both the teachers at those institutions and of the students? Obviously in your case, Professor Ebdon, if we have a large number of market failures, there are implications for what you are trying to do with the Office for Fair Access.

Higher Education and Research Bill

Debate between Amanda Milling and Gordon Marsden

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.

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[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.”