Higher Education and Research Bill

Baroness Brown of Cambridge Excerpts

3rd reading (Hansard): House of Lords
Tuesday 4th April 2017 Lords Chamber

It seems a little odd—but odd things happen—that the reason for the decision should be appended to the application, because the application is from somebody other than the magistrate. But that seems to be the form that has been accommodated for criminal procedure, and I suppose that there is no reason why the slightly less formal way of doing it than I suggested would not be appropriate for civil procedure as well. You would think that the reasons for the judgment would normally be in the judgment issued rather than appended to the application for the judgment—but, as I say, strange things happen. So if the Minister is able to say that, as a matter of general practice, warrants issued under this provision as well as under other civil provisions are subject to the procedure which requires a signature on the application form by the magistrate giving the reasons for which he or she has granted the application, I will be content. I beg to move.

[Baroness Brown of Cambridge (CB)]

My Lords, I support the amendment proposed by the noble and learned Lord, Lord Mackay. As a former vice-chancellor of a university that, early in my tenure, did not always get its returns on student numbers to HEFCE correct, and was therefore subject to some stern discussions with the team at HEFCE and some refunding of income to it, I feel that Schedule 5 sounds potentially rather threatening—and I know that that is how others in the sector feel. While I recognise that such powers would be used only in exceptional circumstances, the addition proposed by the noble and learned Lord, Lord Mackay, would help provide reassurance to the sector that the greatest care and attention to detail would be applied if and when such powers needed to be invoked.

[Lord Stevenson of Balmacara]

My Lords, it is otiose to add very much to what was a wonderful account of the ramifications that one can get into when one moves to question some of the wording in the schedules to some of our more complex Bills. As a guide, the noble and learned Lord has been a wonderful education for a higher education specialist such as me. To have gone through a higher education Bill and then to have learned something right at the very end is a touch of magic—a bit of fairy dust that will sprinkle down across all of us. All we now need is for the noble Viscount to stand up and measure up to the relatively low but still quite precise hurdle that has been set for him. He is an elegant, small chap; he has light feet; he has had a brilliant career in dealing with difficult questions that we have thrown at him across the Dispatch Box. I am sure that this is well within his capabilities. He would be strongly advised, given the rather glowering face behind him, to do it right this time.

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[Baroness Garden of Frognal (LD)]

My Lords, I add the thanks of the Liberal Democrat Benches to the Ministers—the noble Viscount, Lord Younger of Leckie, the noble Lords, Lord Prior of Brampton and Lord Young, and the noble Baroness, Lady Goldie—who have given such detailed contributions throughout some very tough debates on the Bill. I echo the appreciation expressed by the noble Lord, Lord Stevenson, to the Bill team for their engagement, briefings and meetings—and, indeed, their patience—in the course of the Bill.

We are most grateful that the Government have accepted and introduced so many amendments to the Bill, and we live in hope that the amendments agreed by this House will be confirmed by the Commons when the Bill returns to them. These include amendments on the issue of international students, on which the noble Lord, Lord Patten of Barnes, has a compelling article in today’s Guardian; to the teaching excellence framework; on safeguards for the quality of new providers; and on encouraging students to vote. We look forward to hearing the progress of my noble friend Lord Addington’s proposals for guidance for disabled students, and we hope that the Bill more generally will offer more opportunity to adult and part-time students.

Across the House we have all understood the need for teaching in universities to be accorded the same regard as research, but have sought ways which would encourage, rather than brand, institutions. We have seen it as imperative to maintain the worldwide respect of the UK’s higher education, while addressing any areas of shortcoming. I hope that the amended Bill will ensure that both teaching and research continue to flourish and offer learners—young, adult and, indeed, old—opportunities to develop and progress. We wish the ill-named Office for Students and the better-named UKRI every success, in the interests of the country, international collaboration and the individuals who work and achieve within our higher education sector.

I thank my noble friend Lord Storey for his tireless support and invaluable contributions on this and the Technical and Further Education Bill, and Elizabeth Plummer in our Whips’ Office, who provided us with immensely useful briefings. As the noble Lord, Lord Stevenson, said, we have certainly benefited from close co-operation with the Labour Benches and the Cross Benches, as well as those on the Government Benches who shared some of our concerns. Collaboratively, we have left the Bill much better than how it reached us. Once again, I express the thanks of these Benches for the way in which scrutiny has been conducted, and the hope that the final Bill may reflect the wide- ranging expertise and contributions of your Lordships’ House.

[Baroness Brown of Cambridge]

My Lords, I, too, will say a few words of thanks on my behalf and on behalf of my noble friends Lady Wolf and Lord Kerslake, who apologise that they are unable to be here today. As we have heard, the Cross Benches have played a significant role in scrutinising and revising the Bill, leading on four major amendments that were approved on Report, and championing many of the important changes that the Government have delivered through their amendments.

I thank the Government for listening and engaging with so many noble Lords from across the House. I particularly thank the Ministers—the noble Viscount, Lord Younger, the noble Lord, Lord Prior, and the noble Baroness, Lady Goldie—for their numerous responses. I have been hugely impressed by their stamina under enormous pressure and very long hours, and their numerous meetings and letters, which have been very helpful in developing a shared understanding of how to regulate and support a successful higher education system.

Most of all, I acknowledge the Bill team, with whom we have had some great, fun, controversial and heated meetings. They are really hard-working and committed civil servants. They have worked some very long and unsocial hours to support the passage of the Bill through your Lordships’ House and they deserve huge credit for that. All these efforts have contributed to what I am very pleased to hear we all agree—and I know the sector agrees—is now a much stronger Bill.

Bill passed and returned to the Commons with amendments.