Office for Students

Angela Rayner Excerpts

Tuesday 27th February 2018 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

(Urgent Question): To ask the Secretary of State for Education to make a statement on the appointment of the board of the Office for Students.

[The Minister for Universities, Science, Research and Innovation (Mr Sam Gyimah)]

The Office for Students, which will be operational from April, is the biggest regulatory change to higher education in 30 years. It will run a new regulatory framework that will, for the first time, put the interests of students at the heart of higher education regulation. It will focus relentlessly on student choice and value for money and ensure that the concerns of all students in higher education in England are heard in the corridors of power. It has a wide-ranging remit and powers to deliver for students.

The OfS is ably lead by Sir Michael Barber, who has a long record of working for Labour and Conservative Administrations, including advising a Labour Prime Minister and Secretary of State for Education, and he has also been a Labour parliamentary candidate. Nicola Dandridge, the chief executive, has a background from Universities UK and as an equalities lawyer. They are supported by a board of 12 further members with a wide range of talents and from different backgrounds, including senior leaders in higher education, graduate employers, and legal and regulatory experts, as well as a student representative. I am particularly pleased that Chris Millward, the director of fair access, sits on the board, putting widening participation and fair access at the heart of the organisation. Toby Young would have been just one non-executive member of this board.

The board will put quality of teaching, student choice and value for money at the heart of what it does. The commissioner for public appointments advised the Department on 11 January, two days after my appointment, that he was looking into the appointments processes for the OfS, and the Department has provided him with the relevant paperwork. We are grateful to him for forwarding his report yesterday. His report recognises the good intentions of Ministers and officials, and that the advisory panel did judge candidates on a fair and impartial basis. That said, we note his findings and will carefully and seriously consider his recommendations.

The commissioner raises important points with regard to due diligence in public appointments. We have already accepted that in the case of Toby Young the due diligence fell short of what was required, and therefore the Department has already reviewed its due diligence processes and will seriously consider the further advice from the commissioner.

The commissioner has rightly observed that it was wrong not to have made a formal request to him regarding the approach the Department took in appointing the student experience role, and therefore this was in breach of paragraph 3.3 of the governance code. We should have clarified in the announcement that it was an interim position, although the candidate had been informed of this, as had all failing candidates in the process. I understand that informal contact was made, but I accept that this should have been formalised with the commissioner. Without this formal advice and under pressure to make an appointment by 1 January, the announcement was not made in line with the commissioner’s expectations.

I can confirm that in line with the commissioner’s steer, we will shortly be launching a recruitment campaign for a permanent student experience representative, and we intend to appoint before the end of June this year. We are glad that the commissioner agrees that the incumbent in the interim role, Ruth Carlson, is free to apply. I want to put it on record that she is doing an important job, and I extend my thanks to her for agreeing to accept the interim appointment.

There are lessons to be learned here, and we will learn them. I will write to the commissioner shortly with an initial response to his findings and the next steps we will take with regard to his recommendations.

[Angela Rayner]

Thank you, Mr Speaker, for granting this urgent question.

Weeks ago, the Government told this House that the process was

“a fair and open competition”

and

“in accordance with the code of practice”.—[Official Report, 8 January 2018; Vol. 634, c. 42-52.]

But the commissioner has found that this is not the case. One candidate was rejected on the basis of their past public statements. Incredibly, this was not Toby Young; it was the student representative, rejected due to the desire of

“ministers and special advisers not to appoint someone with close links to student unions”,

as the report notes. Can the Minister tell us why being elected by students makes someone unsuitable to represent them? How could the then Minister tell us that it was not “reasonable” to vet social media, when that was done for the student representatives?

The report found that the appointment was influenced by special advisers at No. 10, and not by the panel. The commissioner concludes that, as the Minister said, the code was broken. Is the Cabinet Secretary now investigating that breach? Is the Minister’s predecessor really still suitable for ministerial office given the findings of this report? Does the Minister believe that after this level of interference we can possibly call the Office for Students an independent body?

The report also notes that an all-male appointment panel was used twice. Will the Minister end that practice immediately? The commissioner made a number of other recommendations. Will the Minister tell us which of the lessons that he talks about his Department will take on board? He has a simple choice: learn the lessons, or make the same mistakes again. What will it be?

[Mr Gyimah]

The hon. Lady asked a number of questions that I will take in turn. Her first question relates to having a National Union of Students rep on the board. As she will know, in addition to having a senior representative on the board, there is also a student panel. I met the student panel within, I think, the first week of my being appointed. [Hon. Members: “Answer.”] I am giving an answer. I spoke to the student panel directly; it is doing a great job. There is an NUS representative on the student panel, but there is nothing to say that the person on the board has to be an NUS representative, given that the board has not been constructed to be the place where delegates of represented bodies congregate. The NUS can therefore influence what is happening in the Office for Students.

On the wider question of social media and social media vetting, clearly the social media vetting of Toby Young was not as extensive as it could have been, also given that there were 40,000 tweets.

With regard to the influence of special advisers, Members across this House will know that the way government works is that civil servants and advisers advise but ultimately Ministers decide. In making a decision, Ministers make a judgment call, especially in recruitment decisions. The judgment call in this case was that, having considered the advice from the advisory panel that had looked at the candidates and all the information, none of the three student representatives put forward was suitable. Therefore, because someone needed to be in place by 1 January, an interim member was appointed with a view to reopening the competition later on.

I take the hon. Lady’s point about the all-male appointment panel. I think that an attempt was made to make sure that the panel was more representative, but, for whatever reason, someone could not be available. [Interruption.] The key thing, if the hon. Lady will stop commenting from a sedentary position, is that three out of the five members who were eventually appointed were women. Sometimes, in these situations, it is as important to look at the outcomes as the process.

As we look at the process and the lessons that we have to learn, it is important that we do not forget the ground-breaking role that the Office for Students will play in empowering students and championing them—something that this Conservative Government have delivered that was never delivered by Labour.