Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

2nd reading (Hansard): House of Lords
Tuesday 6th December 2016 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, I pay tribute to all those who have spoken in this informed and erudite debate. We have heard expertise from all around the Chamber, with views across the spectrum. I join in the congratulations and welcome to the noble Baroness, Lady Sugg. I wish to start by thanking the Ministers, the noble Viscount, Lord Younger, and the noble Baroness, Lady Neville-Rolfe; the Higher Education Minister, Jo Johnson; Sir John Kingman; the Bill team; and the copious number of outside organisations for their helpful briefings. My pile of briefings has risen so that I can barely see across my desk. We shall aim to take account of them all.

As we have heard, despite the time and patience of the Government, this House still has very significant concerns with the scope and nature of the changes proposed in the Bill. We recognise the need for updated legislation and we welcome parts of the Bill, but we question the wisdom of imposing such major revisions on a world-beating sector, which is also having to grapple with unwelcome outcomes from Brexit. There are real-life concerns over the status of EU nationals, staff and students, where the Government’s stance is less then helpful, as we have heard.

We hope to use the Bill to argue yet again for measures to take international students out of the immigration figures, as we heard so eloquently from the noble Lords, Lord Patten, Lord Bilimoria and Lord Hannay, and others. It is damaging, counterproductive and unreal to categorise time-limited students as immigrants, much valued as they are, but it is closely followed by the need to reduce immigration numbers. Brexit concerns also hover over research funding, where funds and collaboration from the EU play a significant part in the success of projects.

As the 67th speaker, and therefore the post-graveyard slot, it is unlikely I shall have anything new to share with the House, but I will draw together some, but not necessarily all, of the issues where these Benches will seek clarity and amendments. Along with so many of your Lordships, we believe that the autonomy of universities—or “higher education providers”—is a factor that has contributed to their undoubted international success. Anything that erodes that autonomy is unlikely to have a positive effect, so we shall be challenging the extraordinary powers of the Office for Students to create and disband providers and to remove their royal charters. We shall be looking for strengthened checks and balances to match the unprecedented responsibilities of the OfS.

The Bill makes it easier for more profit-making organisations to move into the market primarily for financial gain, which could see a repeat of scandals at private colleges in the US. As we heard from the noble Lord, Lord Giddens, apparently if you are seven feet six you are guaranteed a good degree. This is not a well-known academic criterion. There may be benefit in competition—which is already happening, so the legislation is catching up—but proper safeguards are needed to ensure that high standards and quality are maintained. The thresholds for university status must be robust.

We wish to see better defined provision for adult and part-time learners. We have heard support for lifelong learning and part-timers from the noble Baronesses, Lady Bakewell, Lady Rebuck and Lady Dean, and others, and for better provision for students with disability, as we heard from my noble friend Lord Addington. We shall explore whether universities should have an explicit duty of care towards students and staff, with particular regard for mental health problems, which can so very easily be ignored. Pastoral resources should be essential to a good university, as the noble Earl, Lord Listowel, mentioned.

Where in the Bill is the encouragement of degree apprentices and vocational degrees, which provide essential skills that will help to meet the skills shortages? I suggest to the noble Lords, Lord Hennessy and Lord Sawyer, that we need plumbers as well as poets.

There is little to encourage disadvantaged learners in the Bill. We need to build on the success of programmes such as Aimhigher and the Office for Fair Access, which have had really good results in opening access, but we need to do more to open opportunities to those whose horizons would otherwise be limited. We shall be scrutinising the Bill for more open systems while safeguarding standards for all providers, so that a degree from a British university retains the credibility and respect which universities have earned for their students over the centuries. This can be done while promoting diversity of learners, of staff, and of programmes of study, even the very small specialist subjects. The aim should be for the whole university experience to be a positive one that broadens minds and encourages aspiration in a community of scholars.

As the Bill covers the well-being of universities, we support calls for the repeal of the statutory Prevent duty in universities. We further urge a wider review of the Government’s Prevent strategy. Freedom of speech is essential for academic thinking to remain cutting-edge, for uncomfortable ideas to be explored and challenged —we heard on that from the noble Baroness, Lady Deech, but we also heard of the incident mentioned by the noble Lord, Lord Polak, which is totally unacceptable. There are legal safeguards, but universities should provide a safe space to challenge extreme views, to confront through reason and not to ban.

As has been said, although the teaching excellence framework does not feature directly in this Bill, its impact does. We, too, deplore the branding of universities into gold, silver and bronze, thus displaying to the world our national assessment of weaknesses on the most dubious of metrics. Measuring things takes time, resource and money, all of which could be more profitably put to use in promoting academic excellence. The proposed metrics are particularly detrimental to the arts. The quality of teaching cannot be so simplistically measured and, dare I say, speaking as a former teacher, some students are more readily open to learning than others, which may say more about the students than the teachers. As was said by the noble Baroness, Lady Eccles, students perhaps regard themselves as customers. They may not be customers, but we certainly hope that they will be voters. Therefore, we support the proposal of the noble Baroness, Lady Royall, for student voter registration.

It is true that, for decades, university teaching has been regarded as secondary to university research. Anything the Bill can do to raise the standards and status of teaching would of course be welcome, but we shall look carefully at whether the measures in the Bill may have unintended consequences and not achieve the desired effect. Universities have well-respected teaching departments, which could certainly be used to raise standards of proficiency within their own organisations as well as within schools and colleges. We would seek ways in the Bill to encourage rather than to brand. We know that there are high levels of job insecurity, particularly among more junior academic staff. We have heard today of zero-hours contracts, of academics needing multiple jobs just to make a living and of pressures which can do nothing to improve the quality of their teaching. Higher levels of job security and access to supportive teacher training would do far more to raise standards than harmful and simplistic branding.

What about the “precious symbiosis” of teaching and research—what a lovely phrase? Teaching and research go hand in glove. It is perhaps unfortunate that teaching and research are now found in different government departments, which will surely make it more difficult to integrate the two.

On UKRI, we recognise that there is room to improve the commercial profit from the UK’s pioneering research, which Innovate UK was set up to foster. While fully supporting that aspect of research, we shall look carefully at the remit of UKRI to ensure that the proposals do not undermine pure research, which may have no immediate financial returns but may prove in time of immense value to national life. Concerns have been expressed about the limitations on the commercial work of Innovate UK if it is to share its governance with the research councils, but we welcome the enhanced funding which UKRI has attracted from the Government and which appears to show the Government’s support for this establishment. We look forward to hearing more about how the Government intend to ensure that both these valuable aspects of research will flourish under UKRI.

I hope that we can insert post-legislative scrutiny into the Bill to ensure that any unintended consequences do not persist far into the future. I assure the Government that we on these Benches will work constructively on the Bill. I hope that the detailed scrutiny which is the role of this House will enable beneficial amendments and assurances so that our higher education and research continue to earn worldwide respect. Meanwhile, I look forward to the Minister’s reply to this exhaustive, and exhausting, Second Reading.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 9th January 2017 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to the amendment for all the good reasons that we have already heard from the noble Lord, Lord Stevenson, and the noble Baroness, Lady Wolf. The Office for Students takes on powerful responsibilities to approve and disband universities and other higher education organisations with speedier timescales and lower thresholds. It is only right that criteria for these new organisations should be clearly set out. One reason given for the legislation has been that it is 25 years since the last Higher Education Bill in 1992. We do not question that some updating is necessary to reflect developments and to ensure that teaching has the same status as research, but we question whether 119 clauses and 12 schedules are necessary for this purpose. Could it be that our universities have flourished and retained world rankings because they have not been subjected to government interference? Within education, schools and colleges have suffered from changes imposed by different Governments and by the churn of Ministers seeking to make their mark, regardless of advice from professionals in the sector. Universities for some years have been relatively free of such assistance, and they have flourished as a result.

The importance of setting out the functions of universities is all the more crucial, given that increasing the numbers of universities and opening up new commercial providers sits oddly with other government policy. The country faces acute skill shortages: we need more builders, engineers, carers and technicians. The Government have ambitious plans to increase the numbers, quality and status of apprenticeships. How can that be achieved if they are also set on increasing provision of degrees, in whatever discipline—probably mainly business and other cheaper-to-run programmes—from an expanding range of organisations whose skills could be better focused on training and reskilling for real jobs in real shortage areas? In the interests of joined-up government, could the Minister say what discussions have taken place with the Skills Minister and his team over the unintended consequences for raising the profile of much-needed skills of implying, through this Bill, that degrees are the only game in town?

Without this clause, the first reference to universities comes in Clause 51. Not long ago, universities were pretty well the only option for higher education. Many of the expansions into higher education by colleges, for instance, have been welcome responses to demand and to opening opportunities for non-traditional students. This Bill brings to mind attempts to create corporate universities in the 1990s. There was British Aerospace’s Virtual University; Unipart U, which is now a virtual U; and the University for Industry—the misnomer of all time—which came into its own only when it abandoned any claims on the title of university and changed its name to learndirect. But those initiatives morphed into closer collaboration between academia and industry, to the benefit of both, and with both contributing their different skills and ethos. Encouraging more such partnerships would surely be better for students, employers and the country than trying to widen and potentially weaken the range of higher education providers.

The criteria in this amendment provide safeguards that the core functions and values of British universities will be protected. It would be sadly ironic if the Bill produced a double whammy of undermining efforts to raise the standing and importance of skills, while damaging the standing and reputation of UK universities. There is much at stake in this Bill. We look forward to working with Ministers to ensure that market forces, competition and red tape are not allowed to damage our world-ranking universities. I look forward to the Minister’s response and hope that he feels able to accept the amendment.

[Baroness Brown of Cambridge (CB)]

My Lords, I have put my name to this important amendment and speak in support of it. I declare my interests in higher education, as indicated in the register, and declare and acknowledge the research support from colleagues at Universities UK and my university, Aston University.

As the noble Lord, Lord Stevenson, says, UK universities have an exceptional international reputation for teaching and scholarship in many forms. They are places where teaching and research are intimately interwoven. Undergraduate programmes benefit from research-based learning, and graduate students and researchers are beneficially involved in teaching. Indeed, the noble Lord, Lord Stern, commented very positively on that in his recent review of the research excellence framework. Universities are places where new academic fields grow from interactions between colleagues in different disciplines, and places where the encouragement of independent thought and the challenge to the status quo delivers technological change and innovation. Indeed, that is why so many large companies, such as Rolls-Royce and BAE Systems, engage closely with universities—for example, through their university technology centres—to ensure that academics can challenge the stove-pipe thinking that can develop in large corporations.

As the noble Baroness, Lady Garden, has commented, the autonomy of UK universities is recognised by our European colleagues as key to their exceptional positions in the ranking tables. Surely a broad and inclusive definition of the functions of something as important as a university in the UK is to be welcomed. That proposed in the amendment encompasses the key ingredients: autonomy; free speech; academic freedom; interdisciplinarity; teaching, scholarship and research; and, of course, the mission to contribute to society. We must recognise that being a higher education provider, delivering high-quality teaching, is a necessary but not a sufficient condition for being a university. I look forward to the Minister’s response in this area.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 9th January 2017 Lords Chamber

[Baroness Bakewell (Lab)]

I support my noble friend Lord Lipsey in deploring this title. Words are significant. My noble friend mentioned George Orwell. He knew how slippery language can be. In the fake news and post-truth era, getting words exact matters more than ever. We know that in the light of the Bill students could be called consumers and providers could be entrepreneurs—business men or women. We know that language is loose and being used loosely in politics generally. Hard, soft—when have these words ever been as powerful as they are today? We have to be very thoughtful about this title.

We have spent the day discussing a whole range of activities—knowledge, research, wisdom, range of scholarship, academic life, the global achievements of our universities—and the best we can come up with is the Office for Students. What about the rest of us? What about all the universities and their authority? What about the range of scholarship and achievement of which we are so proud? Finally, on a rather silly note, are the Government really pleased that this will become known as “Ofstud”?

[Baroness Garden of Frognal (LD)]

I, too, support the noble Lord, Lord Lipsey. The Office for Students was always a rather strange title for this all-encompassing and all-powerful body. It was particularly ironic because it took quite some effort to get students in any way involved with it or represented on it. The Office for Higher Education seems an eminently sensible title for it. As the noble Baroness, Lady Bakewell, said, that covers all the aspects that this strange body is going to be responsible for. The Minister should think very seriously about changing the title.

[Baroness Wolf of Dulwich (CB)]

My Lords, I agree that the Office for Students is a very strange name for this body. I take this opportunity to remind anybody in the House who does not already know how very opposed to much of what it is going to do most of our students are, and publicly so. Although the automatic response one gets when this is pointed out is, “Oh, they just don’t want their fees put up”, that is not the sole thing they are complaining about—not at all. I also take this opportunity to put on record my appreciation of the University of Warwick student union, with which I have no connection whatever, which wrote an extremely well-thought-out critique of the Bill back in June, which was the first thing to alert me to many of the things that I have become very concerned about since. I agree with the noble Lord, Lord Lipsey, that this is not an appropriate title and it would be very good if we could come up with another—but I do not think I will be collecting his champagne.

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[Lord Stevenson of Balmacara]

Can I just confirm that that is exactly what I meant?

[Baroness Garden of Frognal]

My Lords, I add my wholehearted support to these amendments. Further education is all too often the Cinderella of the education world, yet further education colleges do an absolutely phenomenal job across a very wide range of students and subjects, so having them represented on this body is absolutely essential. I also support the adult and part-time education students, who form a critical and very important part of the student body. They have different sorts of views and needs from those who are the typical 18 year-olds going to university.

There is also the point that the noble Lord, Lord Lucas, made about vocational and professional education, which often links very closely with higher education institutions but has a different sort of ethos and different cohorts of people. All these amendments to add to the membership of the OfS board are critical, and I hope that the Minister will look favourably on these amendments.

[Lord Winston (Lab)]

My Lords, I strongly support what the noble Baroness, Lady Bakewell, said about part-time students. We will come back to that subject in more detail during these debates. Of all days, today we should think about that really seriously. London has been brought to a standstill by a transport strike, and it is only a matter of time before the drivers of those trains, not merely the people and guards and the other people on the platforms, will no longer be working, because science and technology is advancing rapidly. That is a model for our society, and people will have to retrain.

In my 15 years’ involvement with Sheffield Hallam University, one thing that I have learned above all is that people taking part-time courses have transformed their lives in gaining skills, coming from relatively manual jobs, or jobs with a low level of skill. It is vital that we find every possibility of supporting those students. I urge the Government to consider that during the passage of this Bill. I also briefly defer to the noble Lord, Lord Lucas, and congratulate him on his interest in school students, which has been long-standing and of great importance.

From my experience, I cannot emphasise enough the lack of aspiration that so many school students have because they do not really believe that they can go to university. That is why it is so important that we have the bridge between school and university which this minor amendment would help to promote. There are all sorts of reasons why that is important. We may have the best school teachers in the world, but so many children go home to a desert where there is no aspiration. Their parents ask them: “Why aren’t you going out to work; why aren’t you earning money; why aren’t you supporting the household?”. It is extremely important to find ways of encouraging people from those sorts of backgrounds to understand that they should be considering further or higher education. Having people on this new body who can help universities interface with schools and teachers to give better career guidance would be a blessing and it should be incorporated in the Bill.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 11th January 2017 Lords Chamber

Moved by

[Baroness Garden of Frognal]

9: Schedule 1, page 70, line 37, at end insert “, including those offering part-time and distance learning.”

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[Baroness Garden of Frognal (LD)]

My Lords, I beg to move Amendment 9 and shall speak to Amendments 31, 32 and 172. I have added my name to Amendments 41 and 46 in this group. The amendments all support adult lifelong part-time and distance learning. A prosperous part-time higher education market is essential now, more than ever, to address the challenges and opportunities which lie ahead to deliver economic growth and raise national productivity by closing skills gaps and increasing social mobility.

Only 13% of the 9.5 million people in the UK who are considering higher education in the next five years are school leavers; the majority are working adults. Up to 90% of the current workforce will still be in work in the next decade. Over the next 10 years, there will be 13 million vacancies, but only 7 million school leavers to fill them. Such learning is a cost-effective way of raising skills levels and training, so people can earn and learn, as do 75% of Open University students. The benefits are also felt immediately—from the first day of study—by the individual as well as the employer. One in five undergraduate entrants in England—22%—from low participation neighbourhoods either choose or have no option but to study part-time, and 38% of all undergraduate students from disadvantaged groups are mature students.

It is essential that these far-reaching proposals are not developed solely through the policy lens of an 18-year-old student entering higher education for the first time. Reskilling and upskilling the adult workforce are essential, as I mentioned. Economic success in the coming years depends on embedding a lifelong learning and training culture which rests on three coequal pillars: the highest quality further education and higher education, undergraduate and postgraduate, after leaving compulsory full-time education; the highest quality apprenticeships for all; and flexible lifetime learning opportunities.

Part-time study is often the way that people from disadvantaged backgrounds or places enter higher education. In 2015-16, almost one in five of all new Open University undergraduate students were from a low socioeconomic status background—that is, they came from the most deprived 25% of neighbourhoods across the UK and had no previous higher education qualifications. But the number of part-time students continues to decline. Data from the Higher Education Statistics Agency published in January showed that in England, 58% fewer students started part-time study in 2014-15 than in 2009-10. This equates to an almost 40% drop in the market, although the OU continues to be the largest provider, with a growing share of the market.

This decline is of particular concern in relation to widening participation in higher education by students from disadvantaged backgrounds. The Bill’s equality analysis references, on page nine, the dramatic improvement in the participation rate of disadvantaged young people but omits to point out that this has not been seen for mature students, most of whom can only study part-time.

There are opportunities in the Bill to give more explicit reference to the different modes of higher education provision and different types of student. Both the White Paper, Success as a Knowledge Economy, and the teaching excellence framework technical consultation on year 2 are explicit in this area. Amendment 9 provides an opportunity to make it clearer that the membership of all key agencies, boards and committees should reflect the full range of different types of higher education provider. Amendments 31 and 32 ensure that an express commitment to all forms of higher education is included in the general duties of the Office for Students to,

“promote quality, and greater choice and opportunities for students, in the provision of higher education by English higher education providers”—

Clause 2(1)(a). The wording used here is consistent with that used in the TEF technical consultation. This is also an opportunity to make it clearer that the membership of all key agencies, boards and committees should reflect the full range of different types of higher education provider—in this case, the Quality Assessment Committee. Amendment 172 fulfils this purpose.

If there is no dedicated board member on the OfS to represent part-time students, how do the Government envisage those students being represented by the OfS? Secondly, how will the new system improve part-time student understanding compared with existing arrangements? Thirdly, what further measures will the Government introduce to prevent a decline in part-time numbers? I beg to move.

[Lord Lucas (Con)]

My Lords, I have one amendment in this group, Amendment 53. Much of what the noble Baroness, Lady Garden, has said applies to my amendment, too. There are clearly going to be opportunities to change how we deliver higher education; there already are some, such as two-year degrees. We really need to make sure that this body is not discriminating in favour of the current pattern—and some elements of the current set-up do, such as funding rates for accelerated degrees. We need to take a broad view of what higher education could be, which is why I tabled my amendment.

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[Baroness Garden of Frognal]

My Lords, I thank all noble Lords from all around the Chamber who have spoken in this short debate. They have done so with a fairly unanimous voice, which is always rather wonderful, but that obviously creates some problems for the Minister.

As my noble friend Lord Storey said, most of us in this Chamber probably went through university straight from school, because our generation was the sort who did that kind of thing, but life has changed so very much. I was glad that the noble Lord, Lord Rees, mentioned MOOCs, which are one example of how technology is helping to change the ways in which we learn and the times and places at which we can learn. I support the noble Lord, Lord Desai, in saying that we should not concentrate just on learning which leads to a degree, a qualification or a job. There was tremendous social benefit in that whole range of what used to be called leisure courses at FE colleges, which were often an introduction for people who had been turned off formal learning to become involved and promote their learning further. We can all be sorry to see how much that part of further education has declined, not least because, as the noble Baroness, Lady O’Cathain, said, it keeps the brain cells alive and therefore contributes to better health and well-being.

We have heard from all around the Committee of the importance of putting these parts of education in the Bill. As the noble Lord, Lord Winston, and the noble Baroness, Lady Blackstone, said, they are considered as second-class learning. It is all very well for the Minister to say that the OfS has a general duty to promote choice and that such courses will therefore somehow be swept up in a wonderful, comprehensive and wide-ranging form of learning, but the problem that we are all trying to get across is that this does not happen. Unless we put adult, lifelong and part-time learning on the face of the Bill, it will be overlooked in the massive move to promote traditional, full-time courses.

I am disappointed that the Minister is not prepared to accept at least some of the amendments, which would have been of huge help to the Committee. In view of all the support expressed from around the Chamber, I am sure that we shall continue to press on this matter and come back to it in later debates on the Bill. At this stage, I beg leave to withdraw the amendment.

Amendment 9 withdrawn.

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[Baroness Brown of Cambridge]

My Lords, I support this amendment and will speak to Amendments 508A and 509A in my name. The Office for Students and UK Research and Innovation will need to work closely together on many important issues for the higher education sector. Particular examples that come to mind are: the granting of research degree awarding powers, in which many of us feel very strongly that the research community should be involved; the quality and access issues that were spoken about earlier in higher and research degrees; issues to do with the higher education innovation fund, HEIF, which I understand from discussions with the Minister’s team will be delivered through Research England and therefore under UKRI, which covers undergraduate enterprise and innovation as well as postgraduate and research issues; and the really key area of reporting on the health of the sector across the closely interrelated areas of teaching, scholarship, research, enterprise and innovation. These links are extremely important and I would urge the noble Viscount that the OfS and UKRI should have a duty to co-operate and that, indeed, there should be an element of cross-membership of each other’s boards, which is what these two amendments would deliver.

[Baroness Garden of Frognal]

My Lords, I support these amendments. The Bill will set up two very powerful new bodies in the OfS and UKRI and so the importance of them collaborating and working together cannot be overstated. Teaching and research are two vital components in the university world, and to have separate bodies looking after them—compounded by the fact that, not for the first time, they will find themselves in different government departments, so that although there is a single Minister, there are two Secretaries of State—means that anything which sees them working more closely together, particularly in the early days, is of the utmost importance. The proposal in Amendment 509A for the exchange of board members is a simple and straightforward measure to try to make sure that that happens.

[Lord Mackay of Clashfern]

My Lords, your Lordships will be aware that in Amendment 509 the noble Lord, Lord Smith of Finsbury, and I suggest that in the areas of research degree awarding powers and so on, the decision should be joint. I have no particular objection to the amendments because they are about co-operation rather more generally than what we are dealing with, but I want to make it clear that in due course we will be pressing for our amendment. As the noble Baroness has just said, these are vital parts of many universities, although of course not all universities have a research capability. From the point of view of teaching, if students know that they are being taught by a person who is at the forefront of research, that is thrilling and can have quite an encouraging effect on them. However, I have no objection whatever, and I do not imagine that the noble Lord, Lord Smith, has either, to co-operation of a lesser kind in relation to the ordinary business of these bodies.

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[Baroness Garden of Frognal]

My Lords, I support the amendments in the name of the noble Lord, Lord Lucas, and will speak to Amendments 85 and 127 in my name. Like the noble Lord, Lord Lucas, I wondered about the linkage with the amendment moved by the noble Lord, Lord Sutherland, but he talked about transparency and accountability, which we are also talking about. The amendments in my name were previously tabled in the Commons by the Liberal Democrats but they reflect numerous debates on this subject in both Houses over the years.

The intention of the amendments is to highlight the very significant impact of international students on UK universities, in particular the contribution they make to the financial health of an individual university. Previous debates and reports in both Houses have rightly concluded that counting international students in migration targets is a poor policy choice, damages the reputation of UK universities and should be reversed. We shall discuss these issues in much more detail when we debate the amendments in the name of the noble Lord, Lord Hannay, later on.

In connection with the amendments in this group, and to set the context, almost everyone agrees that including students within the net migration target is wrong. The list of those who have spoken out includes: the BIS Select Committee in its 2012 report; 68 university vice-chancellors, who wrote on the subject to David Cameron, warning about the impact on universities’ reputation, also in 2012; the Institute of Directors and other business groups; Philip Hammond, indeed, who suggested conversations were going on in government about this until Theresa May publicly slapped him down; and even David Cameron, who, according to Max Chambers, his former home affairs adviser, had decided to take students out of the immigration target and,

“planned to do so after the EU referendum”—

ah, the best-laid plans of mice, men and politicians.

It is not even a question of public opinion. A YouGov poll from May last year showed that 57% of the public said that foreign students should not be in the figures, compared to only 32% who thought they should. The fact that they are included makes us somewhat of an anathema even among our closest international allies. President Obama has previously spoken about the need for the US to welcome foreign students and Australia, the country with the very points-based immigration system promised—and now abandoned—by the leave campaign, changed its system in 2012 to position Australia as a preferred study destination for international students.

The Government’s justification for the continued policy has been the international rules around reporting of migrant numbers. However, as the Migration Observatory at Oxford has made clear, there is a big difference between the migration statistics and the Government’s self-imposed migration target. The amendments do not, however, seek to override the Government’s decision. They simply ask them to put their money where their mouth is by ensuring that the value of these students to universities is made public each year, as the noble Lord, Lord Lucas, has set out in his amendments, too.

Among my amendments, there is one where the provider would have to provide information about the fees charged to international students and, in Amendment 127, the OfS would have to set out in its report,

“the financial contribution of international students to English higher education providers”.

If the Government want to continue to stand in the way of this consensus, they should be made to do so publicly and in the face of statistics. These amendments would therefore play a minor but important role in informing public debate on this issue.

[Lord Bilimoria]

My Lords, I support the amendments in the names of the noble Lord, Lord Lucas, and the noble Baroness, Lady Garden. I start by declaring my interest as a third-generation former international student in this country: both my grandfathers, my mother and I were, and now my son is, at Cambridge University.

The benefits that international students bring to this country and to our universities are enormous and priceless. It is our biggest element of soft power. There are 30 world leaders at any one time who have been educated at British universities. Generation-long links are built and, most importantly, the international students enrich the experience of our domestic students and universities. Then of course there is the money: directly and indirectly, £14 billion is brought in by international students to our universities and they create employment for 130,000 people. Yet every single time the issue has been debated in this Chamber, we have had unanimous consensus except from the Minister responding. A straight bat is played back to us, with a no.

The country does not think that international students are immigrants. The public do not mind international students staying on and working for a while after they finish their studies. This wretched referendum has brought immigration together into one bad thing and the Government insist on categorising international students as immigrants. There may be a UN definition, but when you come to calculate your net migration figures, you do not have to include international students as migrants. Our competitor countries—the United States, Australia and Canada—do not include them.

Statistics are available to show that international students, on the whole, return to their countries; those statistics are not being released. Can the Minister tell us why? I believe these figures show that only 1.5% of international students, if that—it may be 1,500—overstay and do not go back. We have removed the exit checks from our borders, so we do not know who has left our country. We should be scanning every passport, EU and non-EU, into and out of this country. We should introduce visible exit checks at our ports and borders immediately; we would then have that information at our fingertips and we should release it.

I declare an interest as president of UKCISA, the UK Council for International Student Affairs, which represents the 450,000 international students at all our educational institutions in this country. We despair that these students who bring this benefit to this country are not acknowledged. In fact, the perception that this creates is terrible. I know for a fact that Jo Johnson, the Minister for Universities, is very supportive of international students. I have seen that personally. He is here and I thank him for his support, which I know is genuine. However, I am sorry to be very personal but we have a Prime Minister who, when she was Home Secretary, said that every international student should leave the day that they graduated. The headlines in India were, “Take our money and get out”. That is the perception created.

I have had the Australian high commissioner to India say to me, “What are you doing with your attitude to international students? We have a Minister for International Students in Australia and we welcome them. In fact, if they want to stay on and pass through all the filters, they are welcome because they have paid for their education and will benefit our economy. On the other hand, you are turning them away and turning them to us, for which we are very grateful”. We are being made a laughing stock. There is an increase in international students around the world of 8% a year from countries such as India. As our former Prime Minister David Cameron said, we are in a global race. Well, we are not in that race if this is the attitude and perception that we give out.

If the Prime Minister is not willing to listen and if, sadly, the perception of immigration is so bad that the good people who visit this country—the tourists, business visitors and international students, and in fact the migrants who benefit this country over the generations, and without whom we would not be the successful country we are and the fifth-largest economy in the world—are not appreciated, then the only way to address this is through legislation. An amendment would say, “We must declare and detail the actual benefits and contributions of international students at our universities”. It is the only way that the Government will listen, and if they continue to include international students in the net migration figures then the amendment coming up in the name of the noble Lord, Lord Hannay, is the only way that we will be able to address this. We will do that down the line and say, “Let’s legislate that they should be excluded when counting net migration figures”. This is very important because it goes to our soft power, to the impression we create around the world as a country and to our economy and universities. It is part of what has made our universities the best in the world and this country so wonderful.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Wednesday 11th January 2017 Lords Chamber

[Lord Liddle (Lab)]

My Lords, I declare an interest as pro-chancellor of Lancaster University. I fear that noble Lords may feel that I have worked out my line with the noble Baroness, Lady Wolf, because it is very similar to hers in its thrust.

I am not against competition per se. I am in favour of it. There is a lot of competition in the university sector as it is. My own institution is deeply competitive in trying to recruit students within a group of universities which it sees as its prime competitors. For instance, we have to invest an awful lot in our high-quality management school if we are going to continue to attract the international students who are so important to our income. Let us not pretend that we do not have competition. We have a lot of it. On the whole, at present it is healthy.

If we are to have more competition, it must not be bargain basement competition at the bottom end of the market, trying to erode margins in the cheap-to-teach subjects—let us put it like that—because ultimately that would undermine the viability of the university sector as a whole. Therefore, when we are talking about competition, the duties ought to have a heavy emphasis on innovation. I would like to see more competition in the area of new courses and institutions that reach out to people who have had apprenticeships and give them a ladder of opportunity into degrees. I would like to see more innovation in trying to attract to university people who are bright but have not succeeded in our conventional education system. There is a strong role for innovation but it has to be guided and managed. I would be horrified by the possibility that the OfS should think that competition should override all other considerations.

I do not have a word formula to meet these requirements, but this requires thought. I would like to hear from the Minister whether the Government share the concerns that the noble Baroness, Lady Wolf, and I and others have expressed in this debate, and to hear that they emphatically do not think that the promotion of competition should override other objectives. My noble friend Lord Stevenson spoke to his amendments on having regard to the public interest. I would like to see a provision on having regard to the financial sustainability of the sector as a whole. Such amendments are very important, as we have to have balance on this question.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to amendments in this group as set out by the noble Lords, Lord Stevenson and Lord Lucas, and the noble Baroness, Lady Wolf. I also support Amendment 57, as introduced by my noble friend Lord Addington. They relate to the general duties of the Office for Students and reflect some of the concerns over the unprecedented powers of this new body. We have already addressed the issues in Amendment 41 to do with part-time study and lifelong learning.

Amendment 42 comes from MillionPlus, which is the Association for Modern Universities and has as much interest as anybody in maintaining confidence in the sector, which they have all joined relatively recently, and promoting the reputation which has been hard earned and needs to be protected.

Of the other amendments in the group, Amendment 43 is on the provision of higher education which meets the vocational and professional needs of the students. In the 20 years that I worked for City & Guilds, my work involved linking in with universities, professional bodies and the higher reaches on trying to gain transferability and acceptance for different types of awards. Anything that can be done to try to promote that transferability between types of qualification has to be commended—particularly, I suppose, in view of the degree apprenticeships coming up. Again, recognition of vocational achievement within an academic context there would surely be for the good.

The noble Lord, Lord Stevenson, has introduced amendments on supporting and working with student representatives. As we have addressed previously, if the Office for Students is to live up to its name it would be quite useful if students had something to do with it. Amendment 67 suggests that they could even have current experience of being a student.

The amendments on the financial health and viability of the sector are all self-explanatory and seem good. My last comment is on the right reverend Prelate’s amendment. I entirely agree with the noble Baroness, Lady Wolf, about the importance of diversity and how having providers with a denominational characteristic has to be a good part of the mix that we are trying to promote in higher education.

[Lord Willetts (Con)]

My Lords, I would like to comment on some of the interventions we have heard expressing concerns about alternative providers. Sometimes, it has been an unhappy story and alternative providers have not delivered what they were supposed to but some of the criticisms are unfair, for two reasons.

First, we should remember that these organisations have no access to research funding or funding for higher cost subjects, so there is a large range of university activities for which they have no access to public funding to engage in. In fact I know that for some of them, their grievance is that they would rather like to have access to some of these strands of funding so that they could provide a greater range of subjects.

Secondly, it is not entirely true to say that they are all of a sort. In my experience, they are quite astute at identifying where there are gaps in provision. For example, modern music is not a subject which is particularly accessible and well taught in higher education institutions. If you want some qualifications of higher education standard for modern music, you by and large go to an alternative provider. Many of them have focused on vocational courses. There is increasing interest in alternative models for delivering medical education. I am being wary as I see the noble Lord, Lord Winston, is poised but there is beginning to be debate about whether medical education could do with some innovation, and some new providers would like to come in.

The argument on this was very well set out at the time of Robbins. There was a lively debate then about new ways of delivering higher education, and the conclusion of some of the leading universities at the time and of the UGC was that the best way to get innovation in higher education was to allow in new institutions to deliver it, as that was a better way of achieving it than expecting the existing ones to do things differently. The new Robbins universities were of course set up without any prior track record. They got university title straightaway and came in with great ambitions for doing things differently.

As we go through these clauses there are lots of genuine concerns, which we need to focus on, about the weight given to competition and collaboration. I may come to those when we debate those clauses, but we should just remember that the story of the advance of British higher education is successive waves of new entrants coming in and doing things differently. That is why we have the diversity that we currently celebrate, and we should, as a minimum, expect it to be as possible in the future for new entrants to come in as it was at the time of Robbins and of the great Victorian reforms.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 16th January 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, on behalf of the noble Baroness, Lady Wolf, who is not well, I shall move this amendment and speak to this group. We wish her a speedy recovery. The Bill proposes to reverse the current legal position that prevents Ministers giving guidance and directions about particular courses of study. We have been told that the power is needed to resolve an existing legal lack of clarity about the Secretary of State’s power to communicate his—in this case—priorities. While the Government’s amendment means that the Secretary of State cannot now guide or direct the Office for Students to prevent the closure of existing courses or the creation of new ones, it will, nevertheless, still allow the Secretary of State to decide, in part, what subjects should be funded.

Although most funding for teaching will come from fees backed by student loans, direct funding from the Office for Students is essential to meet the additional costs of subjects that are expensive to teach; for example, chemistry and engineering, et cetera. The Bill would give the Secretary of State a new power to tell the Office for Students not to fund a particular subject if that subject cost more to teach than the maximum fee that the university was allowed to charge. This goes significantly beyond the current power to give general directions about ministerial priorities, which the Funding Council translates into allocations to universities.

With these proposed amendments, Ministers would still be able to give the Office for Students guidance and direction about their priorities for the funding available but the final decisions on funding for high-cost subjects would be taken by the Office for Students, as they are now by the Funding Council. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I support the amendments in this group to which I have added my name and those that have come from the Cross Benches—Amendments 69 and 510—on which I think we will be hearing shortly. These amendments come out of the report from the Delegated Powers Committee, which claims that the wide range of functions that are now being conferred on the Office for Students will give it the ability to bring change to the whole of the higher education sector. We consider that the guidance issued by the Secretary of State under Clause 2 will act as a significant control over how the Office for Students exercises its functions. However, we cannot guarantee that Secretaries of State will always be wise and non-interventionist, and I think that these amendments will provide much-needed safeguards in the Bill.

[Lord Norton of Louth (Con)]

My Lords, Amendments 65 and 510 in this group were tabled by the noble Lord, Lord Lisvane, who is unable to be with us today. I wish to make a few comments in support of those amendments.

The concept of quasi-legislation—the generation of rules and guidance by public authorities—is not new. However, the use of such quasi-legislation appears to be growing: it is convenient to government, it provides some degree of flexibility and it may also put it beyond legislative scrutiny and approval unless provision is made for such scrutiny and approval.

This Bill is of extreme importance. It creates a body, the Office for Students, that is much more powerful than HEFCE. The functions that it draws together are quite substantial and extensive. They enable the OfS, essentially, to shape the nature of higher education. That in itself raises issues which we will be discussing further. However, here, under Clause 2(2), we have the power to give guidance but without any transparency and with no parliamentary involvement. That matters, especially in the context of this Bill. Through the power to give guidance, the Minister may, effectively, usurp the power of the OfS. I am sure my noble friend the Minister will say that guidance will be rare and benign, but there is nothing to stop a future Secretary of State with less than benign intent using the power on a scale that is significant, both quantitatively and qualitatively.

As the noble Baroness has just said, this provision has been commented on by the Delegated Powers Committee. It stressed that there is no parliamentary scrutiny of the guidance and no requirement for it to be published. In response to the Government’s defence of the provision, the committee goes on to say:

“We are wholly unconvinced by the Department’s reasons”.


That includes, as I have already stressed, the fact that the remit of the OfS goes far broader than HEFCE, and the guidance that the Minister can give to HEFCE has no statutory basis.

The committee also makes the point, of course, that the requirement for the OfS to “have regard to” guidance rather limits it. The Office for Students could, if it had cogent reasons, discard the guidance. However, there would have to be compelling reasons for that, and, as the Delegated Powers Committee points out, under Clause 71(1), the Secretary of State has the power to give the OfS “general directions” about the performance of its functions.

There is a powerful case for ensuring there is parliamentary scrutiny and engagement in respect of the power to give guidance—that is the purpose of the amendments tabled by the noble Lord, Lord Lisvane. Other provisions in the Bill are clearly Henry VIII provisions. The measure is extensive in terms of the concept of quasi-legislation. I am sure we will be coming back to this on several occasions during the passage of the Bill. However, I look forward to my noble friend’s response acknowledging the significance of the powers that are being confirmed and I look forward to hearing what the Government plan to do about it.

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[Baroness Garden of Frognal]

My Lords, in deferring to the noble Baronesses on the Cross Benches, Lady Brown and Lady Wolf, I now have pleasure in supporting the amendments in this group to which I have added my name. They express concerns raised by Universities UK and GuildHE, two bodies with immense expertise in this sector and fully committed to its standards and reputation.

As the noble Baroness, Lady Brown, has said, central to our concerns about the erosion of university autonomy is the need for the Government and the Bill to be clearer in their approach to standards. UUK and others have noted that the Bill unhelpfully elides quality and standards—we have had reference to this already in debate in this Chamber—but they are two separate concepts in higher education policy. While there is a legitimate role for the new Office for Students in assessing quality, standards are the preserve of independent academic institutions and should be free from political interference. The proposed changes to the Bill would therefore: separate quality and standards to enable different treatment in subsequent clauses; clarify the definition of standards to focus on threshold standards and a condition of registration focused on academic governance of standards; recognise that academic standards are sector-owned and ensure a sector-owned process for agreeing threshold standards; and remove or limit the reference to standards in relation to the teaching access framework, as it is inappropriate to attempt to rank standards.

Quality and standards are separate, distinct concepts in higher education. Amendments 63 and 129 to 131 would remove references to standards to make what was one potential condition of the OfS into two separate conditions for quality and standards. Amendment 131 would make robust academic governance a condition of registration with the OfS, which protects the principle that self-critical autonomous academic institutions are responsible for the maintenance of academic standards.

Amendments 167, 169 and 170 would ensure consistency of definition when it comes to quality and standards and, again, that governance of academic standards sits with the institution. Amendments 168, 180 and 184 seek to clarify that the proposed assessments of teaching quality established by these clauses is based on the quality of teaching in an institution and not on standards, while Amendments 214 and 215 would ensure the separation of quality and standards once again.

At various points the Bill brackets quality and standards together, as the noble Baroness, Lady Brown, has pointed out, when they are in fact related but distinct elements of quality assurance and assessment. Academic quality covers how an institution supports students to enable them to progress and achieve their award; academic standards are the student outcome standards that individual degree-awarding bodies set and maintain for the award of their own academic credit or qualifications. As drafted, the Bill risks the OfS being able in future to define and determine the standards applied, rather than ensuring that the standards set by autonomous universities are met.

During Committee in the Commons, the Minister gave some reassurance, saying:

“Let me be absolutely clear … this is not about undermining the prerogative of providers in determining standards. This is about ensuring that all providers in the system are meeting the threshold standards set out in the ‘Frameworks for Higher Education Qualifications’, a document endorsed and agreed by the sector”.—[Official Report, Commons, Higher Education and Research Bill Committee, 15/9/16; col. 308.]


This was helpful but the lack of clarity in the Bill should be addressed. It is essential that student outcome standards remain the responsibility of autonomous institutional academic communities and continue to reflect the pedagogical diversity of higher education. I hope the Minister will respond favourably to these amendments.

[Lord Willetts]

My Lords, briefly, I congratulate the noble Baroness, Lady Brown, on her lucid explanation of the thinking behind her amendments. She makes an absolutely correct point: quality and standards are distinct. As they were always put together in some of the original drafting, the understanding of their different functions in the system was being lost. She is right to remind the House of that. I do not know about the exact way in which her proposals have been drafted but the spirit in which she is trying to make that distinction much clearer must be right. We already have, through the QAA, a direct role in the regulation and inspection of quality, and that is right.

However, to just comment on what the noble Baroness, Lady Garden, said, there also is and has been a legitimate role in standards. Of course universities and higher education institutions have to be responsible for the specific decisions about standards, but threshold standards have been part of the QAA’s remit. At the moment, for example, in response to I think widespread concern about the effectiveness of the external examiner system—a concern raised by the Minister for Universities and Science, who it is good to see with us again today—HEFCE is investigating how that system operates. It is absolutely not, and should not be, intruding on the autonomy of individual institutions, but it is undoubtedly, in a broad sense, investigating and considering standards.

Provided that we have the capacity for that type of engagement in standards to occur—as we heard from what the Minister said in the other House, the threshold standards is a legitimate function as well—I hope it will be possible to find a way forward which embraces the spirit of what the noble Baroness, Lady Brown, is doing but at the same time recognises that any regulator has some legitimate role in standards, not just in quality.

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Moved by

[Baroness Garden of Frognal]

72: After Clause 2, insert the following new Clause—
“Meaning of higher education
For the purposes of this Act, the provision of higher education by English higher education providers comprises higher education provision by—(a) universities,(b) colleges of further education, and(c) other higher education providers, both registered and unregistered.”

[Baroness Garden of Frognal]

My Lords, in the absence of the noble Baroness, Lady Wolf, I beg to move this amendment, to which I have added my name. It attempts to ensure that a proper meaning of higher education is in the Bill—the public deserve to know what the Bill means by it. In the absence of a clear definition, it is important to specify the organisations that can provide it. Universities and colleges of further education are important providers of higher education and must not be overlooked in the Bill, but there are other providers, which may be registered or unregistered. There are different criteria for registered and unregistered providers, and both have a part to play. We also need to make it clear that not all providers are universities. So, not necessarily on the face of the Bill but somewhere in the guidance, there should be clarification, as provided for in the amendment.

[Baroness Watkins of Tavistock (CB)]

My Lords, I draw attention to my interests, as declared in the register.

I support the amendment, to which I have added my name. As the noble Baroness, Lady Garden, has already pointed out, the majority of higher education will be undertaken in traditional higher education institutions, including further education colleges. Those institutions are accountable for innovative, appropriate curriculum design, as outlined earlier by my noble friend Lady Brown. It is appropriate that curriculum design includes enabling students to have degrees awarded when a proportion of their programme is either with employers or on placements. In health, for example, students need to learn in hospitals and communities, and some very innovative new approaches in higher education are associated with degree-level apprenticeships. At the University of Exeter there is an ambitious approach to the new degree-level apprenticeship schemes, which involve working with employers and their staff. The first of these programmes commenced in September 2016—a BSc honours in digital and technology solutions. It involves working with four employers, including IBM.

A degree-level apprenticeship offers a new route to achieving a university degree in collaboration with employers. Apprentices are full-time, paid employees of the business partner, but a proportion of the student’s time is spent participating in a programme, using blended learning, residential teaching blocks and assessed projects and placements.

Therefore, it is imperative that we are clear in the Bill about the definition of higher education and that we recognise that, whether it is in health or industry, part of students’ higher education experience is increasingly in a workplace. Amendment 72 would encompass, and make provision for, this approach through the definition that it provides, thus strengthening the Bill at this point.

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[Viscount Younger of Leckie]

My Lords, I can understand the motivation behind this amendment. At the outset, I would like to address a point raised by the noble Baroness, Lady Watkins, when discussing definitions. As she will know, we want to encourage innovative approaches, and the question of degree apprenticeships very much comes into that. We wholeheartedly support the need for innovative provision and I want to assure her that the Government are fully committed to degree apprenticeships—this is captured by the OfS’s duty on promoting choice. In the absence of the noble Baroness, Lady Wolf, I would be happy to further discuss this amendment outside the Chamber with her or any other speaker in today’s debate. For now, I shall keep my comments relatively brief.

I fear that this amendment inadvertently goes too far in that it seeks to extend the regulatory coverage of the OfS to all higher education providers as defined by the proposed new clause, including those not on the register. The OfS must focus its resources and regulatory activity where public money is at stake. Extending its duties in this manner—for example, in promoting quality, choice, opportunity, competition, value for money and equality of opportunity—increases the OfS’s regulatory purview and risks decreasing its ability to focus attention where it is needed most; that is, on monitoring those institutions which pass the regulatory entry requirements to the OfS register.

We discussed definitions at some length last Monday. The Bill uses “higher education providers” as a blanket term to mean any provider of a higher education course as defined by the Education Reform Act 1988, including further education colleges providing higher education. This is already defined in the Bill in Clause 77. I very much noted the question raised by the noble Baroness, Lady O’Neill, and which was alluded to by the noble Lord, Lord Stevenson, on clarification of what “English higher education provider” means. Although I have, I hope, reassured noble Lords that it is defined in Clause 77, I do feel another letter coming on to clarify to the House exactly what we mean by that. I hope that that is of some help. Therefore, we believe that introducing a new definition is unnecessary and could have unintended consequences.

I understand the sprit in which this amendment has been tabled. However, the OfS’s regulatory role is defined by those providers that it registers. I respectfully ask the noble Baroness to withdraw her amendment.

[Baroness Garden of Frognal]

I thank the Minister for his reply and note that Clause 77 includes the meaning of “higher education providers”, but not in quite the same clear way that we have set out here. We look forward to hearing a fuller explanation in answer to the question posed by the noble Baroness, Lady O’Neill. This amendment was on a point of clarification. It was not the intention that it sit on the face of the Bill but rather that we have a simple explanation of “higher education” which would include full and part-time students and all the other different points we will come to later in the Bill. Meanwhile, I beg leave to withdraw the amendment.

Amendment 72 withdrawn.

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[Lord Stevenson of Balmacara]

My Lords, in the absence of the noble Baroness, Lady Royall, and with her consent, I shall introduce her amendment. I am grateful to the noble Baroness, Lady Garden of Frognal, and the noble Lords, Lord Judd and Lord Lexden, all of whom are in their places, for their support.

This amendment was moved in Committee in another place by my honourable friend Paul Blomfield. It raises an issue he has been concerned about and has experience of, in that he sits for a constituency in Sheffield which is alleged to have the highest number of students who are registered to vote. The underlying issue is the move to individual electoral registration under which all of us are required to sign up individually to vote. This has had a huge impact not only on family households, where many people have dropped off the register, but on the practice which had been going on for many years in universities. The standard way in which that operated was that universities which had halls of residence, or at least organised accommodation for students, registered them en bloc. That, unfortunately, has been outlawed and there is a real danger that students will not be on an electoral register—not necessarily the one where the university is, but any one.

That has two implications. It is important that people should be registered to vote. If you do not have a chance to vote, you are not a part of the overall democratic process. That is a bad thing, particularly for students and young people, who should be brought in at the earliest opportunity—perhaps even younger than today—in order to ensure that they get into the habit of voting and participate as a result. It is a particular issue for universities, which will not have the voice of those who are participating at university in the wider democratic process. There are two sides to this.

If students are not registered in the university or higher education institution they are at, those constituencies will not only be disadvantaged in terms of the representation of people who live and operate in those places but will shrink, which will affect the size of constituencies and therefore have an impact on the way in which they are drawn up. Many issues arise from the initial proposal.

The background to the particularity of this amendment is that attempts were made to see whether universities could help and assist in this. It was found early on that universities already collect most of the data needed to register students. All that is needed is a national insurance number. This is not routinely collected by universities because students are not employed there.

Obviously there are ways in which one could pose questions to students at points in the process of being at university without being intrusive. The example I have here is from the University of Sheffield—but there are other institutions—which worked with the city’s electoral registration officer and introduced questions for students at the time they were registering or reregistering for their courses. The first question was, “Do you wish to register to vote?”. If they said no, no further action was taken; and if they said yes, they would like to register to vote, they had to provide their national insurance number. The results were amazing: 64% of students opted to register to vote within Sheffield, although there were difficulties in getting some students to find their national insurance number—a problem not confined to students; I can never remember where mine is. I have now memorised it because I got so cross about being unable to complete forms online at the time I wanted to do them. I now have it and can give it to you now, if you want it, without breaching any personal information, of course.

The Cabinet Office then made a change and issued new guidance, which meant that it did not have to have a national insurance number. This was a sensible and unexpected move in support of the process by the Cabinet Office, and I am delighted it happened. We have an opportunity to help in that process. It has a more general particularity than just this Bill, but it is an opportunity that we should take to do it.

The amendment would create an opportunity within which universities could help participation using their function, not as a public sector body but as a public body with wider interests in the public well-being, in order to achieve the good outcome of having more people registered to vote. I beg to move.

[Baroness Garden of Frognal]

My Lords, I have added my name to this amendment for the good reasons set out by the noble Lord, Lord Stevenson, to ensure that all eligible students are provided with an opportunity to opt in to the electoral register at the location in which they are studying. Since I have been in the Chamber I have been handed a helpful briefing from the Cabinet Office on this very amendment, which points out that as part of the Government’s Every Voice Matters campaign, the Minister for the Constitution is holding a series of round tables, including with the higher and further education sector, to assess what barriers there may be to electoral registration and what the Government could do to address them, so this issue is under active discussion.

As the noble Lord has said, under the old system of block registration, universities could go quite some way in assisting their students to become enrolled, but under individual electoral registration that has ceased to exist and the focus is on individuals to register. The benefit is that this system is more resilient to fraud, has a reduced risk of a student being registered at two locations, and—which I think is rather more important—has a reduced risk of a student being able to vote at several locations. But as we know, when someone is moving house, registering to vote is a low priority and many people realise that they did not get around to registering only when it comes to election time and it is already too late. Analysis by the Electoral Commission shows that areas with a high concentration of certain demographics, including students, private renters and especially young adults, where people move on a regular basis are particularly in danger of having low registration numbers. It is therefore important that special care is taken to prevent at-risk groups failing to register and have their say at an election.

We are well aware that universities already encourage students to register and vote, as the noble Lord, Lord Stevenson, spelled out. Sheffield has been successful in increasing the number of students registered and many other institutions are already taking steps to encourage young people to ensure that they are on the register. Surely it is vital that the student voice should be heard in the democratic process, and that young people should get into the habit earlier rather than later of making their voices heard in elections. For all those reasons, I hope that favourable attention will be given to this amendment to try to make sure that as many students as possible are both registered to vote and then use their vote.

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[Lord Storey]

My Lords, your Lordships’ House has an excellent record on the issue of mental health. In fact it was this House that persuaded the Government, by insisting on it, on parity of NHS treatment of physical and mental illness.

On many issues we are persuaded by our own personal experiences. I remember taking my daughter the couple of hours’ drive to university, five years ago now. A couple of years later she said to me, “You don’t realise the abject horror that was. You put me in the car with all my possessions and dropped me off at this strange place where I knew no one and had to sink or swim”. In her halls she befriended and became close to a girl who was in her first year and whose sister, a year older, was at another university. Very tragically, those girls’ father then died at a relatively young age. Both sisters were completely traumatised. You would be; you are a young girl away from home for the first time, and your father dies. One university was absolutely stunning in the support that it gave that girl. Her sister at the other university did not even get to see her personal tutor; no support was given at all. That is the difference. That is why this amendment says, importantly, that the university “must”—not “may”—provide services for mental health.

It is often said that when it comes to mental health, ignoring the problem—if it is even recognised in the first place—is not the solution. However, neither is dealing with it alone. Nationally, only 13% of the NHS budget is currently committed to mental health services, despite the fact that mental health illness accounts for 28% of the total burden to the NHS. The problem in many universities across the UK is the same: the underfunding of support services does not accurately reflect today’s reality. Many thousands of children and young people when at university are isolated, unhappy and—because of the pressures of the new regime, if you like—perhaps have eating disorders and self-harm. Tragically, of course, some can take their own lives.

There is still huge stigma around mental health, which means that young people are not getting the support they need. The amendment is important not only for those who might develop mental health problems during their time at university but for those who have experienced mental health problems in the past. Young people who need help and support from mental health services can find themselves with no help or support when they most need it. To get any service from adult mental health services, the threshold in terms of severity of illness is higher than for children and adolescent mental health services, CAMHS, so many young people are locked out from receiving the service. For some, their illness has to reach a crisis point before they receive the service that they need, with the effect that their entry to the service is more traumatic and costly to the young person, their family and the service than if their needs had been met earlier. Differences between service locations and the style of the two services alienate many young people, who end up slipping off the radar of services. Ensuring that mental health support services are available to students when they need them is really important.

I have one final observation. There is a clear link between poor mental health and student retention. The emphasis on student retention is higher in those institutions that provide proper mental health support than in those that do not. I hope we will realise that, just as we have done in the education service as a whole and in the NHS, providing a service in universities is hugely important. Sometimes we say, “Oh, there’s no money available”, but of course there is money available. I sometimes have a little wry smile on my face when I get to Euston station and see all the billboards advertising different universities. The cost of that runs into hundreds of thousands of pounds. Surely we can find the money for every university to provide mental health support for its young students—not “may”, but “must”.

[Baroness Garden of Frognal]

My Lords, I support my noble friend’s amendment. In coalition, our Health Minister, Norman Lamb, campaigned staunchly for parity of esteem and funding for mental health in order to bring it up to the same standards as physical health. We are still a long way from achieving that parity.

My noble friend has spoken particularly about students. In the amendment we included care for university staff, many of whom work under intense pressure. The introduction of new assessment measures in the Bill may well increase those pressures on staff, many of whom may be on insecure contracts, with high ambitions, high expectations and long hours. We know that many universities already have a great duty of care to their staff as well as their students, but this measure would see all universities, as places of study and work, fulfil their duty of care to both their staff and their students.

[Lord Judd]

My Lords, I commend the amendment. It is enlightened and imaginative. University should be a thrilling and fulfilling experience. Of course it should be testing—there is no question about that—but it should be an experience in which a person develops their potential and begins to flourish intellectually and as a being. There is no doubt now, with our increasing awareness of the nature of mental illness, that there are disturbing numbers of students for whom that is just not the reality, and university becomes a hell. As a civilised society, we should not tolerate a situation like that when very often quite a small amount of highly professional help can enable students to come out of this nightmare and join the rich learning experience. The amendment is just the sort of thing this House should take part in.

--- Later in debate ---

Moved by

[Baroness Garden of Frognal]

110A: Clause 9, page 6, line 14, at end insert—
“( ) Information provided to the OfS and published under subsection (2) must separately identify the number of care leavers within each overall figure.”

[Baroness Garden of Frognal]

My Lords, I recognise that the noble Earl, Lord Listowel, is not here to move the initial amendment in this group, but the other two are my Amendments 113 and 115, which have already been spoken to, largely by my noble and learned friend Lord Wallace, the noble Baroness, Lady O’Neill, and the noble Lord, Lord Stevenson. These amendments have been proposed by the Open University which, of course, has a tremendous record in encouraging diversity of applicants, both through age and through disability.

An analysis of current statistics demonstrates the dramatic decline in the number of part-time students aged 21 and over. In England, the number of part-time students aged 21 and over has declined by 57% since 2007-08. Since then, nearly 400,000 part-time students aged 21 and over have been lost from higher education. Most initial entrants into higher education studying part-time are aged 31 to 60. Participation by this age group has declined more steeply than any other, a decrease of nearly 60% since 2007-08 compared to 2014-15. As age group data are already collected by the Higher Education Statistics Agency from HEIs, it would not be overly resource-intensive for HEIs themselves to publish such data if this is included in the Bill.

The second amendment refers to disability, which is also seen as a disadvantage to social mobility. The Bill makes no provision for compulsory reporting to improve transparency. By introducing compulsory publication of data relating to the access, participation and attainment of disabled students, not only will transparency be markedly improved but HEIs will be encouraged to take greater responsibility for working towards eliminating the disabled student attainment gap. The Equality Challenges 2015 data report indicated that 68.7% of disabled students attained a First or 2.1 degree qualification compared to 70.4% of non-disabled students. Therefore, closing or substantially narrowing gaps such as these between those with or without disabilities is a key theme in the recently published Green Paper on work, health and disability.

I recognise the point made that disabled students may choose not to self-declare, but, in any event, it could be helpful in raising both aspiration and attainment to have these characteristics listed. I look forward to the Minister’s response. I beg to move.

--- Later in debate ---

[Baroness Goldie]

For reasons which I think are apparent to us all, there are issues of sensitivity there. It would be ill-advised either to disregard or underestimate the significance of that sensitivity. I repeat that interesting and important points have been raised. We will reflect on them. On the specific issue raised by the noble and learned Lord’s colleague, I undertake to write. I ask the noble Baroness to withdraw the amendment.

[Baroness Garden of Frognal]

My Lords, I thank the Minister for responding, in particular to the amendment in the name of the noble Earl, Lord Listowel, who as we all know is a tremendous champion for those in care. All the amendments aim to make it a more level playing field for groups which have not hitherto had the same advantages. I also thank my noble friend Lord Willis and my noble and learned friend Lord Wallace for their interventions—my noble friend Lord Willis raised an interesting issue about the data of HESA not being accessible. We shall all seek ways of increasing the engagement of these particular groups in higher education. In the light of the Minister’s remarks, I beg leave to withdraw the amendment.

Amendment 110A withdrawn.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 16th January 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, although I am a thoroughgoing advocate of freedom of information, I am very conscious of what my noble friend Lord Willetts said shortly before supper: we must be careful of the degree and direction of obligations that we put on universities. This amendment is therefore very much phrased as not prescribing any particular outcome but saying that it must be equal. That is born of my experience, when, under the last Government, UCAS was deemed to have public functions and made subject to the Freedom of Information Act. I immediately requested some information from it and was refused, and went through the appeal procedure. The case having been ruled partially in my favour, UCAS went through two sets of tribunals, with QCs. It must have cost it about half a million quid to resist the commissioner’s attempts to pin it to the Freedom of Information Act obligations. That is perhaps why I reacted so fiercely to the noble Baroness, Lady Brown, when she quoted “commercial interests”. It was quite clear then that UCAS’s order of priorities was: first, making money; secondly, looking after the universities; and thirdly, the students. I did not think that was right and nor do I think it is right that universities put money first and other things second.

We are dealing—or ought to be dealing—with different kinds of institutions. On the bits that I did not get through the commissioner, some of which is information now being made available through this Bill, I failed because of the inequality of treatment of universities, which were subject to freedom of information, and other higher education institutions, for instance BPP, which were not. That inequality created a commercial tension between those who might have been asked to reveal information and those who were not subject to FoI, which prevented information being released under it. My recommendation to the Government is, whatever you do, do the same for everybody and then everybody has to comply. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I have Amendment 238 in this group. It was proposed by Universities UK and follows on from what the noble Lord, Lord Lucas, has just been saying about equality of treatment. The Higher Education and Research Bill creates three types of registered providers—basic, approved and approved with a fee cap. Universities, as public authorities, are currently subject to the Freedom of Information Act 2000. However, to ensure a level playing field for access to information it is important for all registered providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998 to be subject to the same level of public scrutiny. Schedule 11 to the Bill as currently drafted leaves open what categories of provider should be caught by freedom of information by leaving it to the Secretary of State to specify categories and regulations. If there is the appetite to be more prescriptive, the schedule could adopt the revised new Clause 4A wording as proposed.

Universities are currently subject to the Freedom of Information Act 2000. We propose further consideration be given to whether adherence to the FoI Act should be a condition for initial registration for higher education providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998. This new clause would amend the Freedom of Information Act to apply its provisions to all higher education providers designated for the purpose of student support registered with the OfS. This means registered providers eligible for public grant funding and/or access to student loans. I look forward to the Minister’s reply.

[Lord Liddle (Lab)]

My Lords, I have not thought about this topic before, so I welcome the amendment. On the face of it, I very much agree with what the noble Lord, Lord Lucas, and the noble Baroness, Lady Garden, have said. It seems to me that there is a case for a level playing field in principle. It would be very interesting to know what the Minister regards as the argument against a level playing field on this question. I am relaxed about new entrants to the higher education market. I want to see more diversity and innovation in higher education but, if that is to happen, there will clearly be risks of the Trump University type, as we know from the United States. I do not believe that universities are public sector institutions—they are public institutions—but requiring everybody to be open in their dealings and comply with freedom of information obligations seems highly desirable.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 4th sitting (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I am speaking to the various amendments in this group in the name of my noble friend Lord Stevenson, including Schedule 2 stand part.

Schedule 2 is about linking the case for a fees increase to the teaching excellence framework. It provides a mechanism for the setting of fee limits, permitting providers to charge fees up to an inflation-linked cap according to their ratings for teaching quality established through the teaching excellence framework, which is referred to—though not, of course, by name—in Clause 25. The Explanatory Notes reveal the name of the TEF, which is supposed to enable the impartial assessment of different aspects of teaching, including student experience and the job prospects of graduates.

We believe it is important to break the proposed connection between measuring teaching quality and the level of fees that can be charged. Increasing fee limits in line with inflation is of course nothing new. It was introduced in Labour’s Higher Education Act 2004 and was routinely applied between 2007 and 2012, until ended by the coalition Government. What is new is linking fee limits to teaching performance, and that is what has alarmed so many people and institutions in the higher education sector.

The framework is described in Clause 25 as a system for providing,

“ratings … to English higher education providers”.

Schedule 2 sets out the meaning of a high-level quality rating, which will be determined by the Secretary of State. Our Amendment 122B seeks to ensure that the high-level rating is established by regulation so that it can be subject to proper scrutiny by Parliament. That rating will be the gold standard, irrespective of whether we have a traffic-light system, and, as such, will be of crucial importance in the future of higher education in England—too important, we would argue, to be left to the Secretary of State alone to decide.

Universities are rightly concerned about the use of proxy metrics, including statistics on graduate earnings, in a framework that is supposed to be about teaching quality. Also of concern is the fact that a gold, silver and bronze rating system is proposed to differentiate the sector based on those metrics. This will undermine the sector’s reputation both within the UK and overseas because universities deemed to be bronze will have been independently quality assured and have met all expectations of a good provider, but that is not how it will appear to those outside, whether in the UK or, indeed, further afield. That is why we have submitted Amendment 195, which seeks to ensure that the scheme has only two ratings: meets expectations and fails to meet expectations. That has the benefit of being simple to operate and, perhaps as important, simple to understand for those considering whether to apply to a particular institution. It also sends a clear message beyond these shores and enables comparisons to be made with providers in other countries without the confusion of a bizarre system of three categories.

Where metrics are used, they have to be much more securely evidence-based than those suggested. Our Amendments 196 and 198 contain proposals that would oblige the OfS to make an assessment of the evidence that any proposed metric for assessing teaching quality is actually correlated to teaching quality and would ensure that, prior to making that assessment, the OfS consult those who know first-hand what is needed to measure teaching quality namely, academic staff and students. Having carried out those requirements in the interests of full transparency, the OfS should publish the assessments. Surely any inconvenience that the Minister may point to in terms of administrative burdens on the OfS would be more than counterbalanced by the benefits accruing in terms of the much more robust nature of the metrics produced.

We also believe it is necessary for the OfS to demonstrate the number of international students applying to and enrolled at higher education providers that have applied for a rating. It is important to protect the number of international students that providers are permitted to recruit; and to ensure transparency on that, the OfS should be obliged to lay a report before Parliament each year. My noble friend Lord Stevenson has added his name to that of the noble Baroness, Lady Wolf, on Amendment 200 to emphasise that we believe it is essential that the TEF must not be used as a determinant when providers seek to enrol international students, and I look to the Minister to confirm that, even if he is unable to accept the amendment itself.

Those faced with a wide range of institutions from which to choose when considering their course of study have a right to the fullest possible information on which to base that choice. That is why our Amendment 176 seeks to alter the wording of Clause 25, in much the same way as is proposed by the noble Lord, Lord Norton, in his amendment, to ensure that all the relevant information is made easily accessible to staff, students and parents and that the information is made available in a consistent form in order to facilitate meaningful comparisons between providers.

Noble Lords on all sides of the House made clear at Second Reading their opposition to statutory links between teaching quality and the level of fees being charged for that teaching. Since tuition fees were increased from £3,000 to £9,000 in 2012, there is no evidence to suggest that there has been a consequential improvement in teaching quality. Indeed, the National Union of Students has said that there has been no change in student satisfaction with the teaching on their course, while institutions have, in some cases, been shown to spend additional income from the fees rise on increased marketing materials rather than on efforts to improve course quality.

Why do the Government now believe that there is a link between fees and teaching excellence? Indeed, which should come first or be expected to come first? This is a clear example of the Government’s view that the Bill is as much a question of consumerism as it is about education. As I said at Second Reading, we on these Benches reject the concept of students as customers or consumers in higher education. Many universities have said in their response to the Bill that there is no evidence to point to fee increases improving the quality of teaching. The University of Cambridge stated in its written evidence that the link between the TEF and fees is,

“bound to affect student decision-making adversely and in particular it may deter students from low income families from applying to the best universities”.

Another point of concern in relation to the fees link is that in further stages of the TEF, the Government are moving to subject-based assessment. We do not take issue with that, because universities are large institutions within which there are a huge range of subjects and a great diversity of teaching quality, but linking a fee with an institutional assessment cannot do other than mask that range of teaching quality. People studying in a department where the teaching quality is not as good as in others will also pay higher fees. This flawed proposal does not enhance the Government’s objective, and we believe it should be rejected.

What Schedule 2 would do is introduce the provision that only those providers that can demonstrate high-quality provision can maintain their fees in line with inflation. The specious reasoning behind this proposal, based on metrics that are widely seen as an inappropriate method in which to take such decisions, would lead to a skewed outcome because, as we heard at Second Reading, several high-performing institutions would lose out on a high-level rating through no fault of the actual quality of their teaching.

We of course welcome any means of improving teaching quality in higher education, and we do not oppose a mechanism to measure such improvement if a reliable one can be found. But the TEF as proposed is not that mechanism, for reasons that I have touched on already and shall expand on when we come to debate what is currently group 17. Schedule 2 introduces the whole area of the fee limit and fee regime, a link which we believe is without merit. As such, Schedule 2 is not fit for purpose, and that is why we believe it should not stand part of the Bill. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I have two amendments in this group, which complement those that the noble Lord, Lord Watson, has already spoken to. The Government’s current policy is for fees, even for those having achieved the top rate of the TEF, to increase only by inflation. However, paragraph 4(2)(b) of Schedule 2—on page 78, line 3—enables an increase by more than inflation if a resolution to that effect is passed in Parliament. Amendment 125 would remove this provision, thus requiring new primary legislation for any Government wishing to go further.

Amendment 199, which mirrors the amendment which the noble Lord, Lord Watson, has already spoken to, is somewhat of a pre-emptive amendment. No matter what your view of the TEF, it is clear that it is an attempt, albeit ham-fisted in our view, to give students more information and more security when choosing a course and to lift the standard of teaching in our university sector across the board. Both of these are noble aims. We agree with the aims, but challenge the methods proposed. We particularly deplore the categorisation of gold, silver and bronze, which seems to us to be extraordinarily damaging.

We do not have faith that the TEF will not be used for ulterior purposes in the future, in particular as part of the Government’s continued, blinkered action towards student immigration. This fear is not unfounded. Nick Timothy, the Prime Minister’s most senior adviser, is one of the biggest advocates of further crack-downs on student immigration. In a piece in the Telegraph in June 2015, he made clear his views that students should be,

“expected to leave the country at the end of their course, while only the very best of them should be allowed to work in the UK”.

In the piece, he states that these students are not, in fact, the best and the brightest and key contributors to our future prosperity, as,

“the number of foreign students at Oxford and Cambridge is a little more than 4,000, while there are about 66,000 at the remaining Russell Group universities”.

This attitude displays a staggering lack of understanding about the diversity and value of our higher education institutions and their graduates.

This amendment would prevent the TEF from being used in determining eligibility for a visa for students on leaving university. It would ensure that such a change would require primary legislation and not be possible through a simple change in Immigration Rules. If the Government were to seek to pursue such an approach, they should rightly have to make their case in Parliament. Can the Minister also clarify that the Government do not agree with the approach Nick Timothy has previously advocated? There are very many of the brightest and best students at universities outside the Russell group, and such discrimination can only be damaging.

[Lord Kerslake (CB)]

My Lords, I speak in favour of Clause 10 being removed from the Bill. In doing so, I declare my interest as chair of the board of governors of Sheffield Hallam University. I should also note that the vice-chancellor of the university, Professor Chris Husbands, is leading work on behalf of the Government on the development of the teaching excellence framework.

The effect of the deletion of Clause 10 would be to remove the power of the Office for Students to set the fee limit by reference to a provider’s rating under the teaching excellence framework. It is important to say first that I strongly support the Government’s desire to improve the focus of universities on teaching quality. That is absolutely the right thing to do. I am also not opposed to the introduction of the TEF per se. I do, however, have some significant concerns about the approach that the Government are taking to the TEF and, in particular, the link being made between fee levels and the TEF. My three main concerns are as follows.

First, there is not a straight read-across between teaching and research. At a very basic level, publicly funded research has a small number of very informed funders, which make their decisions with a long-standing knowledge of the providers. In this context, the REF provides an effective framework to drive research excellence. In the case of teaching, the decisions are made by millions of individual learners. They will base their decisions on a range of factors: the reputation of the university itself, the place it is located in and their likelihood of securing the necessary grades, but, most importantly, their views of the course of study itself. In this context, the TEF rating of the university will be of interest but it is unlikely to add a great deal to their decision. The value of the TEF is more to the institution than to the student. Having a rating itself, combined with changing demographics, will provide a powerful enough incentive for institutions to improve, just as the NSS scores are now. There is no benefit, and indeed significant perverse consequences, from adding in a link to fees. For example, those institutions most in need of resources to improve their teaching will be deprived of the means to do so.

My second objection is that the TEF is still in development. I have to say that I cannot think of anyone better than Chris Husbands to lead the work on it, but he is inevitably working within parameters set by the Government. The higher education sector is a very differentiated sector, and not all universities are the same. Reducing that wide variation down to a rating of gold, silver or bronze is for me, and I think for many, a gross simplification. A bronze rating risks being seen as failing or poor, even though in athletics, from which this was derived, securing a bronze would be seen, by me at least, as a considerable success.

There remains a very significant debate about the metrics for the TEF, but also about the distribution of the ratings—how many institutions will score the highest rating and therefore increase their fees. I currently understand that the plan is for it to be 15% bronze, 70% silver and 15% gold, but that may well change. Moreover, the TEF rating, as has already been said, is in the first instance about the institution and not the course. Yet the proposals will allow the institutions to raise fees regardless of individual course quality. All of these are symptoms of a system that is still in development and unproven. Until we are really confident about these issues, it seems to be completely wrong to link the TEF to fees.

My third and final concern is that, even if these issues can be resolved satisfactorily, it seems wrong in principle to approach increases in fees in this way. The reason that the vast majority of universities raised fees to the level of the £9,000 cap in 2012 was that they needed to offset the loss of other government support. Universities have been spared the brunt of the austerity measures experienced in local government and other sectors, but at the price of increased fees for students and, arguably, for future generations for those students who are unable to repay their loans.

There is an important debate to be had about the future resources that universities need, the level of student fees and indeed the amount of government funding provided to support them. No doubt vice-chancellors, faced with the prospect of this being the only way to increase fees, will go along with it. Fundamentally, though, it sidesteps what should be a public debate. If there is a case to be made for increasing fees in future then it should be made, but this is making that policy by the back door.

I recognise that the Government have dug in on this, but there is still time to think again. The proposal is understandably deeply unpopular with students and the NUS. In my view, it is also the product of some deeply flawed thinking.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 4th sitting (Hansard - continued): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I am happy to support the noble Lord, Lord Stevenson, on this amendment. It is only the OfS that will do these things when they need doing and keep an eye on them, and it ought to be part of what it is meant to do. It is far too easy for schools, colleges and universities to continue with their current practices and to grouse about what is happening. However, no individual or small collection of individuals ever has sufficient incentive to kick against the current system and to try to get a motion for change going. An example of that is post-qualification admission. I speak to a lot of schools, and a large number of them would like to move to post-qualification admission. Nothing will happen unless the OfS or a similar body decides to take a look at it. I hope that my noble friend can reassure me that, should the OfS or the Government wish to take a look at these things, they can do so without any powers beyond those provided in the Bill.

[Baroness Garden of Frognal (LD)]

My Lords, I support both the amendments in this group. I think that the arguments for post-qualification admissions are very strong and need further review. I would also welcome a mention in the Bill of part-time and mature students, who deserve to be given full consideration and are too often overlooked. I think that there is merit in both the amendments.

--- Later in debate ---

[The Lord Bishop of Portsmouth]

My Lords, my colleague and right reverend friend the Bishop of Ely is unable to be in his place, but has asked me to bring before your Lordships Amendment 134A. I and he welcome the Minister’s assurances thus far for disabled students. It is very welcome that he intends to publish guidance to ensure that higher education institutions are best able to fulfil their duties to disabled students.

For any student to begin the undertaking of a university course is a large commitment. Students with disabilities may face additional challenges to those encountered by their peers, as the noble Lord, Lord Addington, so eloquently expressed last week—hence the importance of ensuring that adequate provision is made to allow them fully to engage with their course of study and all the other dimensions of a university education on equal terms with their fellow students who do not have a disability. In the event of a closure of their course, or even of the whole institution, plainly all students affected would face significant upheaval. For students with disabilities or other learning needs, the stakes are understandably even higher. For example, they may have specific needs around transport, specialist support, or adapted accommodation.

The numbers involved are significant. About 86,000 students in the UK—5% of all students—claim disabled students’ allowance, which, as noble Lords will know, covers those with long-term health conditions, mental health conditions and specific learning difficulties. In addition, there will be other students who are not eligible to claim DSA but who will have support needs which institutions work hard to meet. I mention only one such group: those with mental health issues, for whom we were pleased to hear of plans further to improve support arrangements in conjunction with, for instance, UUK.

That is why I ask the Minister to consider giving specific priority, when student protection plans are being drawn up and approved, to those students with these specific needs. Especially in the light of sympathy expressed so far, will Ministers and officials consider looking afresh at the explicit inclusion of those with specific needs in criteria for approving and reviewing student protection plans, as the amendment would require?

[Baroness Garden of Frognal]

My Lords, I support the right reverend Prelate’s amendment. We hear increasingly of mental ill-health and stress among students, so building in provision for them would be helpful.

On Amendment 138, as the noble Lords, Lord Stevenson and Lord Norton, have said, it seems strange not to have such a provision in the Bill. I see in the guidance notes that the wording is not quite the same, but these same provisions have been put as “the measures for a protection plan could include”, so there seems no reason why there should not be the extra assurance of having these measures spelled out in the Bill.

[Lord Lucas]

My Lords, we are surely clear that the route that we are going down will mean that institutions go bust and find themselves unable to function. My noble friend the Minister said in one of his replies to me on Monday that information as to whether a university was getting near the borderline, in terms of having the ability to admit overseas students removed from it, would be concealed. So we must expect students to be faced with the closure of their courses at short notice, and we must expect the institutions running those courses to be completely incapable of helping them.

In those circumstances, we need what my noble friend Lord Norton of Louth has proposed, which is a mutual scheme. That must have the ability to organise for the courses to happen—so it must have money and it must have agreement that room will be made for students. It must have enough leverage to deal with the Home Office, because any student who is looking at an extended time here to complete a course will be in real trouble—returning home; six-month waits—trying to organise extensions. It is difficult enough for a student at Imperial who needs an extra year for his PhD; it will be extremely difficult for students in a failed institution. We need some money, some clout and some organisation behind this. If it is not to be the sort of structure that my noble friend proposes, my Amendment 163 would dump the obligation to look after such students on the OfS—but it has to be somewhere.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 5th sitting (Hansard): House of Lords
Monday 23rd January 2017 Lords Chamber

That is why I have tabled this amendment. I do not expect for a moment for it to become law, but I would like to draw to the Minister’s and to your Lordships’ attention, the importance of making sure that, if we are having this integrated sector with a single regulator and a single register, we do not, in the process, abandon a range of sanctions, tools and approaches which were developed very recently by this Government’s immediate predecessor for very good reason. What sanctions will remain in the hands of the Office for Students, if it feels as if things are going wrong, other than imposing a fine and other than going for a draconian closure? Is the Office for Students expected to take any sort of active role in not only spotting risk but doing something to mitigate it and ensure that students are not left in the situation of that young man whose story I have just quoted? I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to the amendment moved by the noble Baroness, Lady Wolf, which is self-explanatory. She has set out very clearly the reasons behind it: to ensure that the OfS can place restrictions on the number of new students a particular higher education provider may enrol, if it has reasonable grounds for believing that the provider is in breach of a registration condition.

Given that the Bill aims to improve the student experience, it is particularly important that, if a higher education provider is falling short in the provision it should be offering, the OfS should, as part of its duty, have powers to intervene to prevent cohorts of new students being enrolled. The registration conditions in the Bill are important but, as the noble Baroness, Lady Wolf, set out, it is important that the OfS should have a range of sanctions available if a particular provider is not abiding by the registration conditions, and that those sanctions should be proportionate. On the amendment’s second paragraph, it is only right that that there should be regulations setting out the procedures, but only right too that rights of appeal for any such sanction should be added to the clause.

[Lord Watson of Invergowrie (Lab)]

My Lords, as the noble Baroness, Lady Wolf, set out very clearly, her amendment would allow the OfS to place,

“quantitative restrictions on the number of new students that the provider may enrol”,

if it has,

“reasonable grounds for believing that a registered higher education provider is in breach of an ongoing registration condition with respect to the quality of the higher education provided … or to its ability to implement a student protection plan”.

She went into some interesting and rather unfortunate detail about what can happen when colleges or providers get into serious difficulty.

The amendment has echoes of Amendment 142, moved by the noble Lord, Lord Lisvane, last week, which sought to replace the words,

“it appears to the OfS”,

with,

“the OfS has reasonable grounds for believing”,

relating to the power to impose monetary penalties in Clause 15. Restrictions on new students would be a new power following the provisions of Clause 15. In effect, it is another form of monetary penalty, which we support in principle, although we would be concerned if it were left open-ended. As soon as a breach is shown to have been brought to a conclusion, we believe the restriction should be lifted so as not to harm existing students, who are blameless but could be affected—as the noble Baroness, Lady Wolf, graphically explained—to their detriment through the institution either being closed, or having fewer resources.

I read closely the Minister’s response to the noble Lord, Lord Lisvane, from our debates on Wednesday. I cannot say that he made a convincing case for rejecting the rather stronger words in that amendment. He basically stated that as the wording in the Bill is used in other legislation—he quoted the apprenticeships Act of 2009—there was therefore no reason to change it. He did not come up with any other reason, despite the noble Lord, Lord Lisvane, saying in moving the amendment that “it appears to” was but one of the options available and one of the lower ones at that.

Although the words “it appears to” are used in other pieces of legislation, few use the formulation in the context of a decision to take enforcement action, which is what raises concern with this Bill. The noble Lord, Lord Lisvane, stressed that the aim was to raise the legal threshold before the OfS was entitled to take action. In doing so, he was supported by the noble and learned Lord, Lord Judge, one of whose cases was quoted. It seems at least odd that the Government feel that their lawyers, who I suggest probably do not have the noble and learned Lord’s expertise and experience, know better on this matter. The same applies to some extent to the amendment in the name of the noble Baroness, Lady Wolf. Having had time to reflect, perhaps the Minister will—if not today, before Report—come to the view that it is appropriate to raise the standard required of the OfS in such situations.

--- Later in debate ---

Those are the reasons behind these amendments and the primary points I wish to make at this stage. There are other amendments in this group which are mainly, as I said, about the status quo.

[Baroness Garden of Frognal]

My Lords, I will speak to Amendments 171, 202 and 213 in my name. Amendment 171 proposes that the chair of the quality assessment committee should be independent of government and party politics and builds on the remarks of the noble Viscount, Lord Hanworth, on the importance of independence. There are concerns that, throughout the Bill, the Government will have powers more than is healthy in the affairs of higher education institutions. It is important that the chair of the QAC should be a non-party-political appointment.

Amendment 202 brings us back to a may/must debate—so beloved of your Lordship’s House across a whole swathe of legislation. Here we propose that the OfS “must consult”, rather than “may consult”, about whether there is a body that is suitable to perform the assessment functions. This should not be a matter of choice. Amendment 213 adds additional conditions to any directions given by the OfS to a designated body, such as ensuring that the powers of the OfS to give directions to a designated body do not adversely impact on that body’s suitability to carry out assessment functions, must be compatible with other duties, and must not relate to operational activity without previous concerns having been raised. These measures are designed to safeguard the authority and autonomy of the universities while acknowledging the duties of the OfS. I hope they will be seen as helpful additions to the Bill.

I support the arguments put forward by the noble Lord, Lord Stevenson, for the quality assurance office. Without doubt, with the new measures in the Bill, we need a really robust quality assurance system, and I think the measures proposed could provide that.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, I support an independent quality assessment process, and I believe it is right that an organisation independent of the Office for Students should undertake this role. Most importantly, it needs to be a body that has the confidence of the sector to undertake assessment of quality on behalf of the OfS. As others have said, I would like to see a continuation of the co-regulatory approach to quality assessment, which would allow the QAA to continue in its current role. It is important to ensure that the relevant stakeholders, including the OfS, the Secretary of State and the sector, respect the principles of co-regulation.

Sector ownership of the QAA, with HEFCE and other devolved bodies as essential stakeholders that also fund and direct some of the QAA’s activities, has until recently been highly successful. It has ensured sufficient buy-in from the sector and the academic community, while providing processes for assuring the public about standards and quality that are seen as world-leading outside the UK. Also, the UK is a member of the European Higher Education Area, which is quite separate from the EU, and its standards and guidelines require that the body responsible for quality review be entirely independent of the Government.

I am rather anxious that a body appointed on a statutory basis would be for England only, so would undermine a UK-wide approach to quality. I hope that in his reply the Minister will address both those points. I also reiterate a point that has been made by others: I certainly would not want to see a quality assurance system that was vulnerable to political interference and would undermine the sector’s own vital role in quality assurance.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, I think we can be brief on this one. It is a continuation of the debate that started two or three days ago to try to put flesh on the bones of the ideal which the Government say they have—and we certainly share—which is that higher education in future should be less regimented and less dominated by the three-year traditional degree taken full-time by students who come straight from school. We should try to open up the provision that is available in higher education, and made by higher education providers, to ensure that equal parity is given to those who wish to study part time, and in particular mature students who very often need to be more flexible in what they do. At the moment, they are disappearing too fast from the statistics, and we need to try and get them back.

This issue has been raised before in terms of the hierarchy of government policy in relation to the Office for Students, and is now down at the level of access and participation plans. The amendments seek to ensure that the governing bodies of institutions can and will take measures to enable flexible provision and allow students to undertake part-time courses, particularly to suit those who may be mature. I beg leave to move.

[Baroness Garden of Frognal (LD)]

My Lords, I have tabled Amendment 237 in this group, which complements the words of the noble Lord, Lord Stevenson. With the collapse in part-time student numbers, this would ensure that the Office for Students has a duty to ensure that equality of opportunity is not neglected for those whose only opportunity to study is via part-time provision and at a later stage in life. It would also provide an assessment as to whether the Government’s new initiatives, such as the extension of maintenance loans to part-time students, are having the desired effect of boosting current numbers.

We remain concerned throughout the Bill that the opportunities for mature and part-time students should not be neglected. Putting them in the Bill will ensure that their contribution to higher education is fully considered.

[Baroness Goldie]

My Lords, the Government agree that part-time education, distance learning and adult education bring enormous benefits to individuals, the economy and employers. Our reforms to part- time learning, advanced learner loans and degree apprenticeships are opening up significant opportunities for mature students to learn.

As part of the Bill, the OfS must have regard to the need to promote greater choice and opportunities for students, and to encourage competition between providers where it is in the interests of students and employers. By allowing new providers into the system, prospective students can expect greater choice of HE provision, including modes of provision, such as part-time and distance learning, which can increase opportunities for mature learners.

As was noted during our debate on 11 January, we know that in 2014-15, 56% of students at new providers designated for Student Loans Company support were over the age of 25, compared to 23% at traditional higher education providers. This is alongside the other practical support that the Government are already giving for part-time students, including providing tuition fee loans where previously they were not available. We have recently completed a consultation on providing, for the first time ever, part-time maintenance loans and we are now considering options.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, I shall speak to two amendments in my name, which are probing amendments. Since they refer to the awarding of ecclesiastical degrees by the Holy See, I am bound to declare my interest as the holder of a papal knighthood.

I will say a word about church universities. The Catholic Church has 16 higher education institutions, including five universities, which are classified as church universities. These are part of the so-called Cathedrals Group. There are 16 universities in the United Kingdom with Catholic, Anglican and Methodist foundations. All are based on ethical principles. They are rooted in their local communities and in Christianity. They have a common commitment to social justice. An example of that is St Mary’s University, Twickenham, with its Centre for the Study of Modern Slavery.

Some 5% of all UK students—about 100,000—study in such universities. That is the equivalent of the total number of higher education students in Wales. They are specially connected to teaching. Some 30% of all primary and 16% of all secondary teachers have been trained in church universities. Roughly half of all those students in this country studying theology and religious studies are in church universities.

My amendments refer specifically to Roman Catholic ecclesiastical degrees. These are academic degrees—bachelor’s degrees; licentiates, which are equivalent to master’s degrees; and doctorates—recognised by the Catholic Church. They are used throughout the world, particularly with regard to philosophy, theology and canon law. They are often necessary qualifications for office within the Church throughout the entire world. The Holy See is a full member of the European education area and in this country two faculties which award degrees from the Holy See in philosophy and theology are at Heythrop College. In this country they are awarded in parallel with degrees; at Heythrop it is in parallel with degrees from the University of London.

Legislation in 1988 criminalised the awarding of degrees which did not have the authorisation of an Act of Parliament or a royal charter. Any degrees which did not have those foundations after 1988 were in fact criminal. Heythrop College of course, because it was founded before 1988, was exempt from that legislation, but the reason for these probing amendments is that the future of Heythrop College is in some doubt and, were it to close, the faculties which offer philosophy and theology would have to be transferred to other higher education institutions run by the Catholic Church and, under current legislation, would therefore be illegal. These two amendments would allow those degrees to be awarded if the Minister, when he replies, is gracious enough to accept them.

[Baroness Garden of Frognal (LD)]

My Lords, in the absence of the noble Baroness, Lady Wolf, who is unable to introduce it herself this evening, I shall speak to Amendment 269, to which I have added my name. I support all the amendments in this group that have already been spoken to. This amendment creates a new clause which confirms the role of the Advisory Committee on Degree Awarding Powers within the designated quality body to provide independent, expert advice before degree-awarding powers and university title are conferred, or creates a committee of the Office for Students which fulfils much the same function as the current Advisory Committee on Degree Awarding Powers where no body has been designated. This provides independent, expert scrutiny and advice to the OfS.

The Bill amends the Further and Higher Education Act 1992 to give the newly created Office for Students the ability to give and remove institutions’ degree-awarding powers and to award or remove the use of university title. This power currently sits with the Privy Council, which acts on the basis of guidance and criteria set out by the department for business, with advice from the Quality Assurance Agency. It is important that any new higher education providers awarding their own degrees, or calling themselves “university”, meet the same high requirements as existing universities. Appropriately robust market entry standards serve the interests of students by minimising the risk of early institutional failure or the need for intervention by the OfS, and we are not reassured that this is currently the case in the proposals put forward by the Government. Of course, we support new providers in the system, but we need particularly to scrutinise the fast-track private providers, as proposed in the Bill.

We propose a new clause legislating for a degree of independent oversight of the OfS in awarding degrees and university title to provide checks and balances on these very important decisions. In practice, this would require the OfS to take the advice of an independent specialist committee within the designated quality body or, where no quality body is designated for the OfS, to set up a statutory committee along the lines of the existing Advisory Committee on Degree Awarding Powers. I look forward to hearing the Minister’s response to the various amendments in this group.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, I strongly support the comments made by the noble Lords, Lord Norton and Lord Kerslake. I preface my contribution to this debate by reiterating my concerns about the Government’s proposals to make it easier for alternative providers to award degrees and subsequently to achieve university title. I have not been reassured by any of the Minister’s explanations or by the detailed letters he has so courteously sent us during our debates over the last two weeks. The Government want to further diversify the sector. Yes, we need to reach potential students with different offerings and different types of courses, and in parts of the country that are poorly served. Of course, I support that, but not at the risk of selling these students a pig a poke.

There are enough examples from the States in particular which should give us pause for thought. There is one very familiar name, which I will not mention, but the closure of one of the largest for-profit providers, Corinthian Colleges, has left 16,000 students without certificates or degrees. The risk that the same could happen here does not seem even to be acknowledged by the Government. The Government’s commitment to diversifying the sector will be undermined by introducing this additional risk for students, because the loss of reputation will send a very negative ripple across the whole sector and abroad.

Students are at the heart of the Bill, yet it is students who will suffer if private providers that are going to be given the benefit of the doubt with probationary DAPs cannot deliver, or go under. A recent QAA report highlighted the importance of new entrants working closely with existing providers through the well-established validation procedures. On the whole, these validation arrangements have worked very well and we have not been offered any convincing evidence to the contrary. Indeed, my noble friend Lady Cohen, whose university has successfully gone through this process, said that it worked well and that they learned a lot from it. Of course, if the Bill can improve these validation relationships for the benefit of students, so much the better.

I can understand that potential entrants to the market are frustrated that they have to prove themselves against strict criteria. But it is surely far better for students, and probably in the long term for the providers themselves, that there are high standards for entry which minimise the risk of institutional failure. Why do we need to fast-track? It is not as if we are desperately short of universities. There are around 130 well-established institutions; nor are we short of alternative providers. Nobody seems to know the exact figure, although I hope the Bill’s provisions on registration will correct that. The DfE thinks that there are about 400 which receive some sort of taxpayer funding. A much smaller number has been awarded degree-awarding powers. So far these providers have made a limited contribution to diversity. They are focused largely on law, business and finance, and BPP, we were told, is going into nursing. They are mostly in London and the south-east, rather than in the so-called cold spots, where provision is limited or non-existent. That is scarcely surprising as they need to be in the more lucrative markets to satisfy shareholders of the business’s viability. I do not see that that is changing, even if these new arrangements are introduced.

Finally, who really benefits from probationary DAPs? It is not students, who are essentially paying to be guinea pigs for a new provider; but possibly not even new providers, who may find the label “probationary” more of a challenge when recruiting students and staff than they might as new institutions with robust validation arrangements. I urge the Government to think extremely carefully about this. In doing that I support Amendments 251, 252 and 259.

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[Lord Stevenson of Balmacara]

That is the second speediest moving of an amendment I have heard so far in Committee. I will be almost as brief, since we have alluded to the fact, if we have not specifically mentioned it, that the answer to a lot of our problems about the validations issue, which will come up in both this and the following group, where there is a clause stand part, and the power of validation of last resort being given to the Office for Students is to pick up the fact that the CNAA, of blessed memory, still exists, in rump form, in the Open University. That is where all its functions and assets were transferred—not that it had very many assets, I am sure—at the time of its dissolution, around the time that the polytechnics were given their degree-awarding powers and we abolished the binary line, effectively. So we have a situation in which it would be possible, I think, to obtain a validator of last resort at very little cost and certainly at no considerable worry in terms of new structures or arrangements. It would certainly resolve one of the issues that is devilling the question of the powers of the OfS, and I very much hope that this amendment will be considered very carefully.

[Baroness Garden of Frognal]

My Lords, in the absence of the noble Baroness, Lady Wolf, I will speak to Amendment 311, in her name and mine. We support the option of identifying a central validation body. The current system of awarding bodies works well, although it is recognised that protectionist practices are sometimes adopted on both sides. We therefore agree that validating bodies should commit to competition, diversity and innovation, although that should not mean that all comers must be validated. Expertise in validation lies in the objective and impartial appraisal of an institution’s capacity to deliver and maintain appropriate standards of quality and student experience.

While the precise terms of such an arrangement will be decided between the provider and the OfS, the amendment would require any such arrangement to make specific provision for the national validating body to be able to refuse to validate a qualification if it has concerns about the quality of higher education provided. There is much merit in the proposal of the noble Lord, Lord Stevenson, for using the Open University as a validator of last resort. It is a body with very wide-ranging expertise and would be a respected body for the task—much more appropriate than the Office for Students itself.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 6th sitting (Hansard): House of Lords
Wednesday 25th January 2017 Lords Chamber

Secondly, we were wrong not to spend more time thinking about an independent quality assurance organisation, which could act in this way and could bring in additional help. It would also be a very good idea to have, as the noble Lord, Lord Stevenson, suggested, the Open University or some other institution as a validator of last resort. But I think that the problem that is being flagged is not a problem. The solution is not a solution. It will not provide the help that new institutions need. It will not create diversity. It will create conflicts of interest. I do not think that many students will want a degree that says it was awarded by the Office for Students. I hope the Government will go away and think again.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to this amendment for all the good reasons set out by the noble Baroness, Lady Wolf.

The ability for the regulator also to validate degrees, and thereby operate within the market it regulates, continues to be widely seen as wholly inappropriate for a regulator, and unnecessary. There is no evidence to support the lack of a suitable validator being a barrier to entry. We believe, furthermore, that there are no circumstances in which the proposal in Clause 47 would be appropriate or necessary, so there is no reason for the clause to remain in the Bill, even as a backstop power. The policy intent is covered by Clause 46, which allows the Office for Students to make arrangements with a higher education provider to act as a validator of last resort, and, as we discussed on Monday, the Open University could very well provide this service without any conflict of interest.

The removal of Clause 47, therefore, does not remove the policy intent of opening up the market through a wider choice of validation arrangements—as the noble Baroness has pointed out—but removes the need for the OfS, as authorised by the Secretary of State, to enter into validation arrangements with providers.

We support the option of identifying a central validation body. The current system of awarding bodies works well, though it is recognised that protectionist practices are sometimes adopted on both sides. We therefore agree that validating bodies should commit to competition, diversity and innovation, though that should not mean that all comers must be validated. Expertise in validation —as the noble Baroness, Lady Wolf, has set out so clearly—lies in the objective and impartial appraisal of an institution’s capacity to deliver and maintain appropriate standards of quality and student experience. We acknowledge that many universities already offer validation to students whose provider institutions are in trouble and such arrangements should be allowed to continue.

Whichever way you look at it, there is no need for Clause 47.

[Lord Browne of Madingley (CB)]

My Lords, I speak for Clause 47. I have not spoken on the Bill to date but I have followed its progress closely because I was the author of the last review of higher education funding and student finance, commonly referred to as the Browne review. It looked at three pillars of the system: quality, participation and sustainability. Its recommendations were conceived as part of a holistic package. Much needed to change to secure the future of the sector. I welcome the Bill for completing many of those recommendations: by linking teaching excellence with fees charged to students; removing barriers to market entry for new providers; and creating a new regulator that is fit for purpose.

One of the principles that guided the review was diversity of institutions being essential to creating a competitive market that can provide quality teaching and satisfy student demand. Organisations offering courses validated by a provider with degree-awarding powers are critical to this diversity. However, in compiling the review, my panel and I spoke to many such organisations and found that in many instances the validation arrangements simply did not work. Highly lucrative for the established providers, they created a closed shop that stifled innovation and competition among new entrants and as a result reduced student choice. I hope, therefore, that the Bill will prompt traditional providers to recognise the benefits for all in expanding the higher education sector, promoting greater choice, greater opportunities and excellence in higher education. I hope they will respond positively to such competition.

In the rare case where that does not happen, however, it seems entirely right that the Office for Students should be able to step in as a validator of last resort. In doing so, it is essential that the regulator is independent. The OfS’s board must be populated with those with no vested interests in the sector. If it is not, the reforms proposed in this Bill will be neither sustainable nor credible.

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[Lord Lucas (Con)]

My Lords, I have three amendments in this group. Amendment 371 urges the Government to make as much of these data open as possible. This is not really the pattern with university data at the moment. Even HESA, which is an easy organisation to deal with, none the less guards them closely so that it can charge fees for their release. I think life will be a good deal better for prospective students if that information is more widely used, available and circulated. It is a principle the Government have established in other areas such as Ordnance Survey and the Land Registry, and it has worked extremely well. I would like to push the Government in that direction so far as university data are concerned.

My second amendment is Amendment 383 and we have been here before. It should be obvious that the principal customers for these data are prospective students. They are the ones who need to know about universities. We really ought to take the views of people who look after prospective students into account in deciding how data should be made available.

I have tabled Amendment 413 because there is a tendency for bodies, once you have given them the power to charge, to start inventing things to do, because they can always get them paid for. Look at UCAS, for example; it probably does five times as much as it needs to. The central “apply” function, which everybody uses, is only about 20% of UCAS’s activity. The rest it can get paid for and it is interesting, so it does it. This body ought to be under tighter financial discipline than that.

[Baroness Garden of Frognal]

My Lords, I support the amendments in this group, particularly Amendment 368, which is about the number of staff on non-permanent contracts and zero-hours contracts, as the noble Lord, Lord Watson, set out. As we have discussed before, these sorts of metrics might be more valuable to the TEF than many of the metrics already in it, because the non-permanent staff and zero-hours staff will have a greater impact on teaching quality than many of the other things which the TEF purports to measure. On Amendments 376 and 377, it is important at all stages of the Bill to ensure that adult, mature and part-time students are included as part of the student population.

[Baroness Wolf of Dulwich]

My Lords, I have one amendment in this group, which is a very small amendment in that it asks that one word be substituted for another. But if I read out the original clause, it may be evident why this is really quite important. I am very much in sympathy with what the noble Lord, Lord Lucas, said about keeping an eye on the fees that people charge.

The original Clause 61(2) reads:

“The amount of a fee payable by a registered higher education provider under this section may be calculated by reference to costs incurred, or to be incurred”—


so you do not even have to incur it yet—

“by the body in the performance by the body of any of its functions under this Act which are unconnected with the provider”.

My amendment would replace “unconnected” with “connected”. This is quite typical of a number of statements in the Bill to which amendments have been tabled already; it implies a degree of freedom for the regulator or designated body to impose fees of any sort or level, without any requirement that the necessity or even the link to the provider being charged be demonstrated.

It would be entirely possible for the Government, without losing sight of any of their major objectives, to go through the Bill and change these extraordinarily open-ended invitations to levy a charge for something that we know not what. It starts to sound something like the South Sea bubble. With a regulator or an official body, it is very important that the nature of fees, like the nature of information, be very clear, and that there is not an ambiguity in the legislation about the ability of organisations that rest on statute to be able to levy charges that are not in any sense proportionate to the activities or what is required of the individual provider. I would be very grateful if the Minister could come back to us on that.

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[Baroness Garden of Frognal]

My Lords, I support the amendment. As the noble Baroness, Lady Wolf, said, the possible proliferation of new universities is likely to include a great many offering subjects such as business and management, and far fewer offering subjects such as civil engineering, artificial intelligence and modern languages—whereas it would make sense for any new provision to arise out of shortages in disciplines and skills within the UK.

Secondly, there are parts of the country that are ill served by further and higher education. I have noble friends from Berwick-upon-Tweed who often relay the lack of local provision for local people to study. This is a cause of unfairness, not only in the north-east but in other parts of the country which are also ill served. If new provision were being set up it would make a lot of sense to look geographically at the parts of the country where there is less provision for people to study. Surely it would be a helpful part of the duties of the Office for Students to ensure that new providers should be established only—or mainly, perhaps—where they meet needs both of location and of provision. The amendment therefore seems a helpful addition to the Bill.

[Lord Lucas]

I too support the amendment. There are things that only Governments can do. If we want an example of creating universities, we should look at the career of our late colleague Lord Briggs and what he did, and what the status of the institutions he created is now. They are considered to be top-ranking universities. As the noble Baroness, Lady Wolf, said, they were just made and put in place and they ran. It can be done. Indeed, it is happening overseas: other countries are doing it.

We are proud that we have a collection of top-ranking international universities. Why do we not want another one? What would it take to make another one? It would take substantial action by the Government. Do we need a tech powerhouse on the lines of Stanford or MIT? Yes, I think we probably do. As my noble friend Lord Ridley said, there is a space for that—but it is not going to happen through little institutions founding themselves. We have seen enough of what that is like. I am involved with a couple of small institutions trying to become bigger ones, and it is a very hard path. Reputation is hard won in narrow areas, and it takes a long time. Look at how long it has taken BPP to get to its current size: it has taken my lifetime.

The Government can make things happen much faster, and if they realise that things need to be done, they can do that. For them to come to that realisation, a process of being focused on it is needed, and the committee proposed in the amendment certainly represents one way of achieving that. I would like to see, for instance, much wider availability of a proper liberal arts course in British universities. By and large, they are deciding not to offer such courses. If the Government said, “We want to see it; we will fund this provision”, and if the existing universities did not respond, we could set up a new one, in a part of the country that needed it. That would be a great thing. Equally, the idea might be taken up by existing universities. That is not going to happen through the market, because the market in this area is far too slow. But the Government can do it, and they ought to be looking to do it.

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Moved by

[Baroness Garden of Frognal]

444: After Clause 82, insert the following new Clause—
“Student support: requirement to assess repayment terms
(1) The Teaching and Higher Education Act 1998 is amended as follows.(2) In section 22 (new arrangements for giving financial support to students)—(a) in subsection (3)(b), after “and” insert “, subject to subsection (3A)”;(b) after subsection (3) insert—“(3A) Regulations under subsection (3)(b) must include a level of earnings below which a person shall not be required to make repayments of such a loan.”(3) After section 22 insert –“22A Duty to assess consumer prices in determining terms for loan repayments(1) In relation to regulations made subject to the requirement in section 22(3A), the Secretary of State must, for each tax year, review UK consumer price inflation for the period since the last review under this subsection.(2) If the review concludes that consumer prices for the previous tax year have increased, the Secretary of State must, by regulations under section 22(3)(b), amend the level of earnings specified in accordance with the requirement in section 22(3A) by the same percentage increase as UK consumer price inflation as determined under subsection (1).(3) If the Secretary of State is not required to make regulations under this section, the Secretary of State shall lay before each House of Parliament a report explaining the reasons for arriving at that determination.(4) For the purpose of this section—“consumer prices” means the Consumer Price Index;“consumer price inflation” refers to the annual assessment made by the Office for National Statistics’ Consumer Price Inflation Statistical Bulletin.””

[Baroness Garden of Frognal]

My Lords, Amendment 444, in my name and that of the noble Lord, Lord Storey, seeks to mirror the rules around the benefits system, which require the Secretary of State to uprate benefits automatically each year in line with inflation unless he passes, as is currently the case, law to freeze them. The clause would mean that similar procedures have to be followed in uprating the starting point of £21,000 for repayment fees. Under the current tuition fees system, a graduate starts to repay their fees only if they are earning about £21,000 a year. One of the principles we agreed in coalition was that this threshold should rise in line with inflation from April 2017 so that only those earning a decent salary are repaying their fees. This is important in ensuring that only those who can truly afford to over their careers pay back the full £9,000 a year fees.

Liberal Democrats therefore strongly oppose the bad-faith decision of the previous Chancellor to freeze the repayment threshold. This effectively amounts to a change in contract terms for those with fees to repay that would be wholly unacceptable in any private business dealing. It is no wonder that Martin Lewis, who helped explain the Government’s original scheme, has sought legally to challenge this unfair retrospective action. The freeze means that people on relatively low incomes will start paying back fees, meaning those on low and middle incomes will end up paying back more while those on the top salaries, who will pay off their fees before they reach the 30-year cut-off, will be unaffected.

The issue is even more important considering rapidly increased inflation due to Brexit. Our amendment therefore seeks to provide a mechanism to ensure that the repayment level must rise with inflation. It uses rules around social security benefit increases to require the Secretary of State to consider whether prices have changed over the last 12 months—ie, inflation has taken place—and, if so, to increase the repayment threshold by a similar level. This would therefore require a new order every year to be placed before Parliament, ensuring the Government can never again unilaterally decide to freeze the point at which students start to pay.

Liberal Democrats hesitate, for good reason, to talk about university fees. We suffered the political consequences of breaking our contract with the electorate. The Chancellor was very clever, but there was very little saving in the end to the Exchequer and there were concessions to the Liberal Democrats. What we are looking at now is the elimination bit by bit, piece by piece, of those concessions, starting with grants and moving on to access, and so on. So the policy has clearly worsened, and what we have currently, with the raising of the threshold, is nothing short of a scandal. A contract has been broken and there has been a one-sided redefinition of the terms of the loan. In any other context, as Martin Lewis quite correctly said, this would lead to legal action. The only reason legal action is not possible in this case is the small print, which, as far as most undergraduates are concerned, was very small indeed.

This amendment is simply an attempt to avoid a repetition of that bad situation by defining a minimum level of earnings and a mechanism for adjusting it in a rational, open way. It would avoid partiality, exploitation, misunderstanding and lack of trust, which is absolutely crucial. That, surely, is the way to go. The Government would be doing the right thing by accepting this amendment. I beg to move.

[Lord Willetts]

My Lords, perhaps I could briefly challenge the proposals of the noble Baroness, Lady Garden. I do so very aware of how the Conservative Party and the Liberal Democrats worked together on this years ago, and I pay tribute once again to my former ministerial colleague, Sir Vince Cable, with whom it was a pleasure to work. But I think her account of the way the decision was taken is not quite correct and I do not think that her proposals for the future will work in the best interests of students or the Exchequer.

When we set the £21,000 repayment threshold in 2011, we were working on the basis of forecasts of where earnings would be by 2017. We thought we were setting the £21,000 repayment threshold at about 75% of earnings—I cannot remember the exact figure. What has happened since then is that earnings have grown by much less than was forecast, as a result of which the repayment threshold has become significantly more generous relative to earnings than we expected when we set it. With the wisdom of hindsight, I wish that we had put in brackets alongside £21,000, “that is, approximately 75% of earnings”, but what is relevant for graduates is that this is relative to their earnings and average earnings. On that basis, the purpose of the current freeze of the £21,000 threshold is to bring it back gradually towards the kind of relationship to average earnings that was envisaged when it was first proposed in 2011.

I agree with the noble Baroness, Lady Garden, that it would be worth having some kind of mechanism for review of this threshold. I have proposed a kind of five-year review at the start of each Parliament of the right place to set the repayment threshold. I do not think some fixed relationship to the RPI is relevant. The big social decision—it is a decision—is where it should be relative to average earnings. Of course, the coalition decided it should be a significantly higher threshold than that in the old system. Although I remember working with Martin Lewis on this, I think his argument that this is some terrible breach of faith is incorrect. This is actually a relationship to earnings which has ended up much higher than was originally expected.

I also think that Amendment 449 is misconceived and would be very dangerous indeed. It proposes that these loans should be regulated as if they are commercial loans by the Financial Conduct Authority. The student loans scheme steers a very narrow course between two equal and opposite problems. One problem would be if student finance were once more counted as public expenditure, as a result of which it would be rationed and we would not see the increase in cash for universities that we have seen. Although some people think this is public spending—to my surprise, the noble Baroness, Lady Garden, talked about there being very little saving to the Exchequer—the fact is that the shift to fees and loans achieved a very significant reduction in public spending. We do not want to go back to the days of it being public spending.

However, neither do we want it to be a commercial loan scheme. It is absolutely not a commercial loan scheme. I worked very closely with Lib Dem colleagues at every opportunity to explain to prospective students that this is not a commercial loan. This is not like an overdraft or a credit card. It is a universal scheme accessible to almost all students and is in no way like taking out a loan from a bank regulated by the Financial Conduct Authority. If the Student Loans Company were regulated by the Financial Conduct Authority, it would immediately have to go through requirements such as the “know your customer” requirement. It would have to decide: “Should we lend to young John Smith? Is he going to be able to repay? Should we lend to young Janet Smith? Is she going to be able to repay?”. That panoply of assessment of whether individuals should take out loans, which is part of the regulatory regime for commercial loans, should not apply to this provision. This is a universal scheme using taxpayer finance. Therefore, requiring it to be regulated as if it is a commercial loan would be a retrograde step and very regressive.

All three parties in this Chamber today, when faced with the dilemma of how to finance university education, have ended up with an essentially similar model: fees and loans, with a universal loan scheme. It is no accident that we have ended up with this model. It is because it steers between two equal and opposite perils. These Lib Dem amendments would destabilise that model, which is now working to the advantage of students, universities and the Exchequer.

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[Baroness Goldie]

My Lords, I thank noble Lords for their contributions. I am aware that this is an issue that stimulates debate and the contributions have been genuinely informed and reflective.

When the Government reformed student finance in 2011 we put in place a sustainable system designed to make higher education accessible to all. It is working well, because total funding for the sector has increased and will reach £31 billion by 2017-18. These amendments cover a number of areas of the student finance system.

I refer first to the issue of the student loan repayment threshold. The decision to freeze the repayments threshold for post-2012 loans was taken to put higher education funding on to a more sustainable footing. To do this, we had to ask those who benefit from university to meet more of the costs of their studies. I thank my noble friend Lord Willetts for providing a very clear explanation of the threshold freeze and the circumstances that led to it. Freezing the threshold enabled us to abolish student number controls, lifting the cap on aspiration and enabling more people to realise their potential.

On average, graduate earnings remain much higher than those of non-graduates. Students continue to get a fair deal: the current threshold remains £3,500 higher than that for pre-2012 loans. Uprating the threshold in line with average earnings would cost around £5 billion in total by April 2021 compared to the current system. The total cost of uprating by CPI would be around £4 billion over the same period. Taxpayers—many of whom will be non-graduates earning much less than the graduates who would benefit—would have to bear that cost.

On the matter of student loan terms and conditions, I share your Lordships’ desire to ensure that students are protected. That is why the loan terms are set out in legislation. However, it is important that, subject to parliamentary scrutiny, the Government retain the power to adjust terms and conditions. Student loans are subsidised by the taxpayer, and we must ensure that the interests of both borrowers and taxpayers continue to be protected. This amendment would also prevent the Government making any changes to the loan agreement that would favour the borrower. Finally, we believe that the Government should continue to be able to make necessary administrative amendments to the terms and conditions to ensure that the loans can continue to be collected efficiently.

With regard to the replacement of maintenance grants with loans, I reassure noble Lords that this Government remain committed to increasing access to higher education. Indeed, the proportion of students from disadvantaged backgrounds entering higher education has increased from 13.6% in 2009 to 19.5% in 2016. We have, furthermore, increased support for students on the lowest incomes by over 10%. Reinstating the system of maintenance grants would reduce the up-front support available for students from some of the most disadvantaged backgrounds, while costing the taxpayer over £2.5 billion each year. Students recognise the value of a degree. Lifetime earnings are, on average, higher for graduates than non-graduates and it is right that students who earn more contribute towards the cost of their education. Repayments are related to the ability to pay and start only when a borrower is earning £21,000.

I turn now to the amendments relating to the regulation of student loans. I agree that it is important that students are protected. However—as my noble friend Lord Willetts set out—student loans are not like commercial loans: we must remember that. They are not for profit and are available to all, irrespective of their financial history. Repayments depend on income and the interest rate is limited by legislation. The loans are written off after 30 years with no detriment to the borrower. The key terms and conditions are set out in legislation and are subject to the scrutiny and oversight of Parliament. This means that additional regulation is unnecessary.

Lenders regulated by the FCA are obliged to assess the creditworthiness of all their borrowers, and the affordability and suitability of the loan product for each borrower. Were the Financial Conduct Authority to regulate student loans—as Amendment 449 seeks—it could affect the ability of some students to obtain them. My noble friend Lord Willetts spoke powerfully about that.

Our system allows the Government, through these subsidised loans, to make a conscious investment in the skills of our citizens. I hope that this addresses the concerns raised by noble Lords and I therefore ask that Amendment 444 be withdrawn.

[Baroness Garden of Frognal]

My Lords, I thank the Minister for her detailed response. I bow, of course, to the remarks of the noble Lord, Lord Willetts. I remember working with him in coalition when I was Higher Education Minister in the Lords—heady days indeed.

In spite of his reassurances, I am still concerned that the less well-paid and less privileged students should not be disproportionately penalised or deterred by repayments. After all, they repay for longer than the better-paid students, and there are problems in that. I also support the amendments of the noble Lord, Lord Watson. I think that the noble Baroness, Lady Royall, will find that we may touch on those issues when we come to the amendments on international students. She makes, however, a very valid point that needs consideration. At this stage, however, and in the light of the Minister’s remarks, I beg leave to withdraw the amendment.

Amendment 444 withdrawn.

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By supporting these important amendments, the whole House, as well as individual Members, is being very supportive of the Government and particularly supportive of the Minister for Higher Education, who wants us to do what is in the amendments.

[Baroness Garden of Frognal]

My Lords, I have added my name to this amendment; I strongly support the words that we have heard from the noble Lords, Lord Hannay and Lord Patten. I, too, will try to be helpful because this amendment highlights the significant impact of international students and their contribution to the success of UK universities. It builds on Amendment 127, which I spoke to earlier in Committee, so I shall curtail my remarks at this stage.

As has been said, counting international students in migration targets is a poor policy choice. It damages the reputations of UK universities. There seems to be universal agreement that it should be reversed and that other countries do not treat their students in this way. We will doubtless hear from the Government that there is no limit on the number of international students who can come into the country. The trouble is that they follow that up by saying, “But we will count them in immigration targets and we are intent on reducing immigration”. This sends very mixed and misleading messages to students who are left mystified about this but feeling generally unwelcome. It does not help now that we make them leave the country as soon as they finish their studies, rather than staying on to make some postgraduate contribution to the country.

Our messages are unwelcoming and overseas students hear those unwelcoming messages. We understand that these decisions are within the Home Office, not within the department the Minister represents, but we ask him to take back to his colleagues in the Home Office—or, indeed, to his right honourable friend the Prime Minister—how very strongly this House feels that these measures should be changed.

[Baroness Royall of Blaisdon]

My Lords, I too have added my name to the amendment. Everything has already been said. I would merely say that Nick Pearce is now a professor at the University of Bath—so that is good, isn’t it?

Like the noble Lord, Lord Patten, and all other noble Lords, I find it particularly bizarre that in this brave new world, where we want to be outward-facing, persuade the world to trade with us and attract people to study at our universities, we still persist in including students in the immigration figures, which, as the noble Baroness has just said, sends out bad feelings. It is perception that is important. The noble Lord may be right that we are welcoming everyone but, even if that were true—and I am not sure it is—the perception is that we are not, and that is a big problem.

In an earlier debate on an amendment tabled by the noble Lord, Lord Lucas, which unfortunately I missed although I supported his amendment, he said he was searching for ways in which,

“the university sector could organise and present itself so that the nation would be on its side and it would be equipped with the data”.—[Official Report, 11/1/17; col. 1999.]

Of course I agree with that, but I would add, as the noble Lord, Lord Patten, said, that the public are already onside, with 57% of them saying that foreign students should not be in the immigration figures compared with 32% who thought that they should be. So as the Government are so determined to pursue a hard Brexit because a mere 52% of the population voted in favour of leaving the EU while 48% were against, why can they not now act on the 57% who say that they would be content with taking students out of the immigration figures?

We are all against bogus institutions, and we are glad that the Government have acted on that. We are all against those who overstay, but the figures on overstaying cited in the past by the Government are, at best, merely estimated and, at worst, being used for political ends. When will better data be available, and when will the consultation on the study immigration route be concluded?

I well understand the political importance of immigration and immigration figures, as well as the concerns expressed by the citizens of our country. However, bona fide students studying at bona fide institutions are not economic migrants but visitors, and that is the view of the people of this country. I hope that the Government will act accordingly.

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[Baroness Garden of Frognal]

My Lords, I add my support to what has already been said. Amendment 463 builds directly on the discussion that we had on the previous group.

Amendment 464 complements Amendment 490, which we have tabled and which will be discussed on Monday. Amendment 464 would ensure that members of staff from other countries were not in future subjected to more restrictive immigration controls or conditions than were in force on the day this Act was passed. Both amendments point to the concern that restrictions on freedom of movement following Brexit will have very serious consequences for universities—both for students and for academics. We have heard from the noble Baronesses, Lady Lister and Lady Royall, and the noble Lord, Lord Patten, about the difficulties that academics currently face in planning their future, thinking ahead and considering what they will do about their families, with young academics in particular wondering where their future lies. Like a lot of people planning their lives, they want a bit of security.

Recently I spoke at a conference of modern foreign language academics, who were asked how many of them were EU citizens. There were about 80 people there and over half put up their hands. They were all wondering what the future held. Some were having difficulties becoming UK citizens. Even those who had lived all their lives in the country were being put through hoops. They had never lived anywhere else, but getting a British passport was suddenly proving to be incredibly difficult for them. They play an absolutely essential part in the provision of modern foreign languages in our universities. We heard earlier from the noble Baroness, Lady Brown, about the important role that they also play in engineering. However, I assure noble Lords that those working in modern languages departments are really concerned about how they are going to continue their provision if EU academics feel unwelcome.

Therefore, this is a personal issue for a lot of valuable and skilled people, some of whom are already facing—unbelievable though this is—incredible hate crime and racial discrimination from universities where they have previously been seen as valued contributors. Of course, if they go, some of our courses simply will not take place. We need these people—the students and the academics—and our university life will certainly be the poorer without them.

This proposed new clause would help to remedy the very unfortunate situation that we now find ourselves in, and I hope that we can move forward in making life better for the EU citizens who make our universities much better places.

[Lord Judd]

My Lords, in at least one of the universities in which I am involved, I know of a specific example where a very able and impressive member of staff was offered, and encouraged to take, a promotion in the department but turned it down because he and his family had come to the conclusion that the UK was not a place where they saw their future.

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[Lord Stevenson of Balmacara]

My Lords, again, my noble friend Lord Dubs is not able to be present because he is attending another event, which I mentioned earlier. I am also aware that neither the noble Baroness, Lady Jones of Moulsecoomb, nor the noble Lord, Lord Macdonald of River Glaven, can be here today, but I know that the noble Baroness, Lady Garden of Frognal, will make some remarks that will at least encompass those of the noble Lord, Lord Macdonald.

The amendment would disapply the statutory Prevent duty set in the Counter-Terrorism and Security Act 2015 in so far as it applies to higher education institutions. The reason for that is that we place a strong accent on—and we will discuss in a later group of amendments —the question of how and in what circumstances we can make higher education institutions, and in particular universities, centres in which the practice of freedom of speech and the prevention of unlawful speech are routine and built into their very fabric and operations.

When Parliament discussed the then Counter-Terrorism and Security Act Bill in 2015, there was considerable doubt about whether it should extend to universities because it imposed a duty on universities to have due regard to the need to prevent people being drawn into terrorism. It created a structure involving monitoring and enforcement of the Prevent duty and further mandated the co-operation of academic staff in the Channel referral process.

Accompanying government guidance has exacerbated concerns. While universities are not the only institutions affected by the statutory Prevent duty, the regulation of lawful speech and assembly in these institutions carries particular concern. Our higher education institutions, as I have said, should provide a space for the free and frank exchange of ideas. These ideas should be challenged through robust argument and not suppressed. The Joint Committee on Human Rights concluded, as part of its legislative scrutiny of the 2015 Act, that, because of the importance of freedom of speech and academic freedom in the context of university education, the entire framework that rests on the new Prevent duty is simply not appropriate for application to universities.

Having said that, university staff are bound by the law, including the requirement to disclose information to the police when they know or believe it could assist in the prevention of acts of terrorism. The removal of the statutory Prevent duty in universities would not remove the responsibility of staff and institutions to co-operate with police to tackle suspected criminality. The amendment would remove a heavy-handed structure designed to restrict lawful speech. Suppressing unpleasant or offensive views is not only illiberal, it is often counterproductive and risks pushing ideas into the shadows where they are less likely to be effectively challenged. I beg to move.

[Baroness Garden of Frognal]

My Lords, I added my name to the list, as the noble Lord, Lord Stevenson, said, in the absence of my noble friend Lord Macdonald of River Glaven, who has overriding university commitments. He is a great expert in this area and has briefed me.

The application of Prevent to the university sector is different from its application to any other category of public body. In a university, the Prevent duty has the wholly unwanted effect of undermining an essential pillar of the very institution it is supposed to be protecting to the wider detriment of civil society. First, universities have a pre-existing statutory duty under Section 43 of the Education (No. 2) Act 1986,

“to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers”.

Secondly, because of the foundational importance of free expression to intellectual inquiry and therefore to the central purpose of a university, which cannot function in its absence, it cannot be appropriate, in the university context, to seek to ban speech that is otherwise perfectly lawful, as the Prevent duty requires it to do.

The Prevent duty requires universities to target lawful speech by demanding that universities target non-violent extremism, defined in the Prevent guidance as,

“vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs”.

If applied literally as a proscription tool in universities this definition would close down whole swathes of legitimate discourse conducted in terms that represent no breach whatever of the criminal law. It is very difficult to imagine any radicalising language that a university should appropriately ban that does not amount to criminal speech in its own right, such as an incitement to violence, or to racial or religious hatred and so on. These categories of unlawful speech should therefore be banned by university authorities to comply with pre-existing law. To do so is entirely consistent with free expression rights and academic freedom. But banning incitement speech is sufficient. Apart from anything else, it is this speech that is more genuinely “radicalising”. We do not need Prevent in universities to protect ourselves. We need just to apply the current criminal law on incitement.

In the university context, “radicalising” speech that is not otherwise criminal should be dealt with through exposure and counterargument. Universities should be places where young and not so young people can be exposed to views and ideas with which they disagree or find disturbing, unpleasant and even frightening, but be able to address them calmly, intellectually and safely. Freedom of speech should be an essential part of the university experience.

[Baroness Deech (CB)]

My Lords, I regret that I have to challenge the view that has been put forward by Members here whose views in general I respect greatly, but I pin my remarks to a phrase used by the noble Lord, Lord Patten, just moments ago. He said that students come from overseas to this country for a great education in a liberal, plural society. Unfortunately, great damage is being done to precisely that concept. In no way would I dissent from a view expressed that freedom of speech within the law must be allowed. Non-lawful speech—and there are lots of statutes, whether you like it or not, that make speech illegal—should not be allowed, but the universities are not doing their duty.

I shall give a few examples. Jihadi John was a university graduate; Michael Adebolajo—Lee Rigby’s murderer—was at the University of Greenwich; the underpants bomber, Abdulmutallab, was at UCL. There are numerous other examples of killers who were radicalised at university right here. That is because, although the Prevent duty guidance requires such speech that we disapprove of to be balanced, this is not happening. Speakers are turning up and giving speeches to audiences that are not allowed to challenge them. At best, they can only write down their questions. There are tens of such visiting speakers every year—there are organisations that keep tabs. Just over a year ago, at London South Bank University, a speaker claimed that Muslim women are not allowed to marry Kafir and that apostates should be killed. A speaker at Kingston University declared homosexuality as unnatural and harmful, and another—a student—claimed that the Government were seeking to engineer a government-sanctioned Islam and that the security services were harassing Muslims, using Jihadi John and Michael Adebolajo as examples. The problem is not only coming from that area; it is the English Defence League turning up to present its unpalatable views too.

It is incomprehensible to me that the National Union of Students opposes the Prevent policy and has an organised campaign to call it racist—a “spying” policy and an inhibitor of freedom of speech. These are the same students and lecturers—the ones who oppose Prevent—who have been supine in the face of student censorship and the visits of extremist speakers and who will not allow, for example, Germaine Greer or Peter Tatchell to speak, but sit back and do nothing when speakers turn up who say that homosexuals should be killed.

The Home Affairs Select Committee and the Office for Security and Counter-Terrorism have identified universities as vulnerable sectors for this sort of thing. Universities are targeted by extremist activists from Islamist and far-right groups. Very often they are preaching against women’s rights and gay people’s rights, and suggest that there is a western war on Islam. They express extreme intolerance—even death—for non-believers, and place religious law above democracy.

Some misguided student unions and the pro-terrorist lobby group CAGE are uniting to silence criticism of their illegal activities. There is no evidence of lecturers spying on students or gathering intelligence on people not committing terrorist offences. Students are conspiring to undermine the policy; they ignore its application to far-right extremists, just as to far left, if there is a difference, and spread the misunderstanding that it targets political radicalism.

The Prevent guidance is necessary, but needs to be limited to non-lawful speech, which is a very wide concept and of course includes the counterterrorism Act, but I would not suggest for a moment that now is the time to lift it, especially when in its most recent report HEFCE claimed that more and more universities —though not all of them—were getting to grips with and applying the Prevent guidance in a reasonable way. I therefore oppose the amendment.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 7th sitting (Hansard): House of Lords
Monday 30th January 2017 Lords Chamber

We also believe that the OfS and UKRI need to have other forms of meshing together—which demonstrates that the Government have divided responsibility at departmental level. It is very important to establish that the processes and guidelines that exist, and those elements that could be in the Bill, are there to ensure that there is an effective and close working relationship between the research and teaching functions. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, I support the noble Lord, Lord Mendelsohn, in his introduction to this part of the Bill. He commented on the danger that some universities may ditch research, but there are also concerns, following the first part of the Bill, that some universities may look rather critically at their undergraduate provision and wonder whether that is all worth while.

I have added my name in support of Amendment 508C in this group, which was suggested by a number of higher education organisations, including MillionPlus. Holistic oversight of the higher education sector is essential for its continuing success; the Bill must have measures in it that will ensure that the two major bodies, UKRI and OfS, do not work in silos. The work of each organisation is, after all, complementary to the other. A joint committee and an annual report would help to achieve this and deliver a closer working relationship between the two organisations, which would benefit students, providers and employers and provide parliamentary oversight.

Universities thrive through close collaboration between teaching and research, and in the previous part of the Bill we have already proposed that UKRI’s research expertise should be brought to bear in co-operating with the OfS in awarding research degrees. The other areas identified in this amendment are also key to the health of the sector. These issues are too important not to have some specific measures in the Bill to ensure that such co-operation and oversight takes place.

[Lord Mackay of Clashfern (Con)]

I have an amendment in this group, Amendment 509, which suggests a somewhat more vigorous role for co-operation than the amendment that has just been referred to. It appears to the noble Lord, Lord Smith of Finsbury, who cannot be here today, that the Office for Students is dealing with matters concerning research, but the whole object of this part of the Bill is to set up UKRI as the great authority on research. It seems extraordinary that the Office for Students should deal with research questions—the awarding of research degrees and the integration and teaching of research students—without utilising the resources of UKRI.

The Bill has very remarkable provisions on joint working. I do not want to examine the detail just now, except to say that joint working is permitted only in respect of UKRI in very restricted circumstances, which have nothing to do with the general power to award research degrees or deal with research students. It is about a particular kind of funding. That suggests to me that the idea of joint working seems very restricted in the Bill, and it is a matter of extreme importance. As I tried to say in my speech on Second Reading, it is a fundamental unity in many of the great universities in this country that they both teach and do research.

Some of the best teachers, in my experience, are those who are at the very forefront of research, because they usually have an enthusiasm for the subject which on lecturing they can transmit to their pupils. I think that I have some experience of that myself. People who really are at the heart of research are the best possible teachers, so to divide up the organisation of the university between the Office for Students and UKRI goes to the very heart of a fundamental unity which has been part of the strength of many of the great British universities for many years.

Therefore, I propose, in conjunction with my noble friend and with the noble Lord, Lord Mendelsohn, that the arrangement should be that, when research matters are an issue, the decision should be a joint one between UKRI and the Office for Students. The arrangements for having observers or members across the divide are no doubt worthy of consideration, but we need to go to the very heart of this matter to ensure that research matters are considered by people with expertise in research, chosen for that purpose as the leaders of the research establishment, if you would like to call it that, in this country.

--- Later in debate ---

[Lord Sharkey (LD)]

My Lords, this amendment proposes a change to the wording of paragraph 2 of Schedule 9. Sub-paragraph (5) of paragraph 2 concerns itself with the experience of those appointed as members of UKRI. The intent of the sub-paragraph is clear: the Government want to make sure that the members of UKRI have experience in the various areas listed in the sub-paragraph. These are all important areas. However, a very important area is missed, which we will come to in the next group of amendments.

I think no one would disagree with the areas of expertise proposed. If UKRI is to do its job properly, it is vital that its members have between them the experience set out in the Bill. The problem is one of drafting. The Bill states:

“The Secretary of State must, in appointing the members of UKRI, have regard to the desirability of the members (between them) having experience of”,


and the Bill goes on to list the areas of experience. This is a very weak formulation and, in reality, imposes no real condition on the Secretary of State. It requires him to,

“have regard to the desirability”,

of UKRI members having the experience listed, but this is not equivalent to saying that they must have it. In fact, it allows for the possibility that a Secretary of State may conclude, no matter how perversely, that it is not desirable for UKRI members to have the listed set of experiences. Or it allows him to conclude that it is desirable that they have only some of these experiences between them. In any case, even if the Secretary of State were to conclude that it was desirable for UKRI members to have some or all of the listed experience, the Bill as drafted does not compel him to do anything about it.

Given the importance of UKRI and what I take to be the intent of paragraph 2(5) of Schedule 9, it would be much better and clearer to impose a duty on the Secretary of State, which my Amendment 472 sets out to do. It would revise paragraph 2(5) so that it read: “The Secretary of State must, in appointing the members of UKRI, ensure that the members have (between them) significant direct experience of … research into science, technology, humanities and new ideas … the development and exploitation of science, technology, new ideas and advancements in humanities, and … industrial, commercial and financial matters and the practice of any profession”.

UKRI’s membership is far too important to be left to the rather vague drafting that imposes no necessary structure on it. If we are to have a provision in the Bill to regulate membership of UKRI, it should have some practical force. Amendment 472 does this. I beg to move.

[Baroness Garden of Frognal]

My Lords, I added my name to my noble friend Lord Fox’s Amendment 473, which is remarkably similar to the one my noble friend Lord Sharkey has just spoken to. I therefore agree with my noble friend Lord Sharkey.

[The Earl of Selborne (Con)]

My Lords, these amendments certainly seem uncontroversial in that, if you look at paragraphs 2(5)(a) to (c)—we will come to a proposal later that another sub-paragraph be added—it is clear that these are experiences and expertise that will be highly valuable.

This gives me an opportunity to point out that, under sub-paragraph (c), one of the categories is experience of,

“industrial, commercial and financial matters”—

this is for a member of the UKRI board. This will be particularly essential, because of course Innovate UK will be subsumed as one of the nine councils within UKRI. It will have to have access to a completely new field of expertise, which Innovate UK does not have at the moment, particularly the ability to leverage new financial funds. Otherwise, you cannot expect the great expansion that we would like to see of Innovate UK, if it is to play the critical role in bringing research councils and commercial research into a closer relationship and improving our rather abysmal productivity levels—which, indeed, can probably be improved only by a successful rollout of innovation.

There will be a clash of cultures if UKRI is heavily weighted, as it almost certainly will be, towards,

“research into science, technology, humanities and new ideas”.

There simply must be people who understand the concept of risk, which is a completely different concept to the one that research councils at the moment have. I therefore point out just how critical it will be to have such experience not just on the council of Innovate UK, where inevitably all this expertise must lie, but it must be well represented on the UKRI board. Otherwise, the idea of bedding the two together will be doomed to disaster.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Committee: 7th sitting (Hansard - continued): House of Lords
Monday 30th January 2017 Lords Chamber

Moved by

[Baroness Garden of Frognal (LD)]

483: Clause 86, page 55, line 12, leave out paragraph (h)

[Baroness Garden of Frognal (LD)]

My Lords, I shall move Amendment 483 in my name and that of my noble friend Lord Storey and speak to Clause 90 stand part, to which the noble Lord, Lord Mendelsohn, has also added his name.

The previous group has already addressed these issues in some detail and so I shall be brief. These are probing amendments of course. We recognise that UKRI is effectively a fait accompli, but following concerns raised both tonight and elsewhere by supporters of Innovate UK and of the research councils that the proposed combining of forces may have unintended consequences, this seemed to be a moment to raise the issue again. Amendment 483 would remove Innovate UK from UKRI. In the previous debate, the noble and learned Lord, Lord Mackay, the noble Baroness, Lady Neville-Jones, and the noble Earl, Lord Selborne, all addressed this proposal without necessarily supporting it.

Innovate UK is primarily business focused. It works with the private sector and is generally supported by the business community. It should perform a key role in the industrial strategy, and it performs a valuable function in ensuring that the UK benefits from UK research. As the noble Lord, Lord Mair, set out, there are too many examples of research that is carried out in the UK by UK academics being commercialised elsewhere or undersold in the UK. Innovate UK has been successful in addressing and improving that situation. The noble Lord, Lord Broers, also addressed this issue, and the Minister addressed it in his closing remarks on the previous amendment. However, the challenges of Brexit add to the need for Innovate UK to work well, and there seems to be no good reason for changing its structures.

Concerns have also been expressed by the research community that the interests of pure academic research might be disadvantaged by being under the same governance as the commercial arm. We have heard those concerns expressed again this evening.

Clause 90 follows from that. It sets out clearly that Innovate UK has the purpose of increasing economic growth, to benefit business and improve quality of life. Those are all admirable aims, and after tonight’s discussion there may be additions to them. What assessments were made of possible detriment to Innovate UK and the research councils of being under the same umbrella? What evidence is there that such a combination will be successful? Is there any provision for a review in case any problems arise with this multifaceted and enormously influential institution? I beg to move.

[The Earl of Selborne]

My Lords, we have discussed at good length the various problems that Innovate UK might or might not face within UKRI. I would like to explode one myth in case anyone has any illusion about the linear model or believes that ideas automatically start in academia and go in one direction only—into commerce. That model has long since been exploded. Ideas go in both directions and academia benefits as much from interaction with commercial activity as the other way round. Once we have got that into our heads and realise that we need to bring them all together and provide an opportunity for each to spark the other, then we will see how Innovate UK might realistically and helpfully be embedded in the organisation.

It did not help that the consultation in the early days, before the Bill was published and after the Nurse review, was, quite frankly, inadequate. There has been a great deal of excellent consultation since, which is why many of us have changed our minds—or at least are prepared to accept that it could be made to work—and I hope that we can be given further assurance about the issues referred to in the earlier debate about autonomy and being business-facing.

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[Lord Prior of Brampton]

My Lords, we could debate this issue for two or three hours, but we must restrain ourselves. I turn first to the two points raised by my noble friend Lord Willetts. I will indeed have to write to him about the powers the Secretary of State will be planning to delegate to Innovate UK. In a way that also answers his second question because he referred to “old think”, and indeed some of that could be construed in this Bill when comparing it with the requirements of the industrial strategy. But if the delegation to UKRI and Innovate UK from the Secretary of State is right, I think it will be perfectly possible to reconcile that with the industrial strategy.

I would actually take issue with the noble Lord, Lord Mendelsohn, because I think that Brexit has made the coming together of Innovate UK with the research councils within UKRI even more necessary, but I agree that Innovate UK is only a part of the answer. We have to have a competitive fiscal regime, long-term risk capital and a well-trained technical workforce among many other things. Innovate UK on its own is not going to shift the productivity dial for the country, although we believe that it has an important part to play.

The noble Baroness, Lady Garden, asked about an assessment of Innovate UK. A detailed business plan was made, although I am afraid that I cannot remember when it was published. I shall certainly endeavour to send her a copy of that report. The fact is that this is more of a judgment than something which can be proved with spreadsheets and the like. I think that the right judgment is to bring innovation together with research; that is the right thing to do because the reality is that one of our weaknesses, as other noble Lords have mentioned, is that we have a fantastic research base but have not been able to take maximum commercial advantage of it. That is a space which Innovate UK has filled and will continue to do so.

The extra investment being made by the Government in UKRI is a clear vote of confidence, and our support for the central role of Innovate UK in delivering our future knowledge economy will include a substantial increase in grant funding. The Bill seeks to name Innovate UK in legislation for the first time. It will retain its own individual funding stream and grow its support for business-led technology and innovation as a key part of the industrial strategy. I think it is worth quoting Ruth McKernan, the chief executive of Innovate UK:

“The establishment of UK Research and Innovation, including the research councils and Innovate UK, recognises the vital role innovation plays and further strengthens the UK’s ability to turn scientific excellence into economic impact”.


That is one of the 10 pillars of the industrial strategy referred to earlier by the noble Lord, Lord Mair. It is absolutely fundamental to our future and bringing these organisations together is critically important. Only by bringing Innovate UK into UKRI will we remove the remaining barriers to greater joint working between research and business at all levels. Businesses will be able to identify more readily possible research partners and will benefit from the better alignment of the outputs of research with business needs in, for example, technology and data skills. Researchers will benefit from greater exposure to business and commercialisation expertise so that they can achieve maximum impact. It will be simpler to find and form partnerships and there will be easier movement between academia and business. The UK will benefit from a more strategic, agile and impactful approach across UKRI’s portfolio which can respond to real-world challenges and opportunities.

The critical achievement is reaching the right balance between freedom and autonomy for Innovate UK while recognising at the same time that, ultimately, the Secretary of State has to be held financially accountable in Parliament for the money that is spent. With that, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Garden of Frognal]

My Lords, I thank the Minister for his reply and other noble Lords for their contributions to this short debate. As the Minister said, we could have carried on debating this for rather a long time, but of course we will not.

One of the points made by the noble Lord, Lord Mendelsohn, about Brexit is that it generates an extra degree of uncertainty, and with all the uncertainties already around, this may not be a propitious moment to be creating another uncertainty by combining Innovate UK with the research councils. I look forward to another letter for the dossier, and indeed we are acquiring quite a number of them at the moment. If there is any more clarification, I would also welcome that. In the meantime, I beg leave to withdraw the amendment.

Amendment 483 withdrawn.

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[The Earl of Selborne]

My Lords, I strongly support the noble Lord, Lord Watson, on this. I assure noble Lords that I have entered the premises of the James Hutton Institute, which is held in high regard not just in this country but internationally.

Here we have a situation where government departments are, very reasonably, keen to try to live within their means, and there is a suspicion among the research councils that public sector research establishments might be unloaded on to research council funding. When I wrote to my noble friend Lord Younger, having raised this matter at Second Reading but without referring specifically to the James Hutton Institute, he was good enough to admit that that was the concern. Those who were concerned did not want departments to get rid of their responsibilities by passing the funding over to research councils.

This is a typical government spat, with public sector research establishments not being allowed to apply for research council funds. As I understand it, this is a ruling made through the Department for Business, Energy and Industrial Strategy. Of course, as the noble Lord, Lord Watson, pointed out, the irony is that the James Hutton Institute is not even a PSRE, so it gets caught by a sort of collateral fire. It is an international institute but, through this ruling that any institute that gets funding of more than 50% cannot apply for research council funding, it cannot apply for international funding either, whether at an EU or an international level. This is a clearly pernicious ruling that has no bearing on the James Hutton Institute. As I said, it is there to prevent PSREs being unloaded on to research councils. It lies within the power of the Minister, standing at the Dispatch Box today, to say that Clause 88(4), which says that,

“UKRI must have regard to the desirability of not discouraging the person from maintaining or developing funding from other sources”,

can be put into operation immediately. Forget the rather infelicitous double negative; it is saying, “We encourage people working in research to look for funding wherever they can”, but of course that must be based on the quality of the science—supporting excellence, as the previous amendment referred to. No one doubts that the James Hutton Institute is a centre of excellence that should be encouraged to apply for international funding and indeed for research council funding. It needs this pernicious ruling to be abolished, and that could be done here and now.

[Baroness Garden of Frognal]

My Lords, my noble and learned friend Lord Wallace of Tankerness, who, along with the noble Lord, Lord Watson, originally tabled his opposition to the clause, is not able to be here today, and I regret that I can claim no connections at all with Invergowrie.

As has been explained, the Bill in its current form risks acting as a catalyst, which, under Brexit, may magnify and exacerbate the negative impact of the 50% rule on research organisations such as the James Hutton Institute. Of course, it may, as has also been explained, cause these long-established, highly respected organisations to downsize or close operations. It is already having an impact on attracting and retaining staff. It also creates an unequal playing field because, conversely, there are no restrictions on organisations that are majority funded by research councils. It seems a very unfair and archaic rule. I add my voice to those of the two noble Lords who have already spoken and urge the Government to work with Research Councils UK to remove the rule to ensure a fair and sustainable funding environment.

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Moved by

[Baroness Garden of Frognal]

503: Clause 95, page 60, line 3, after “(1)” insert “must respect the principle of institutional autonomy set out in section 2(6A), and”

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[Baroness Garden of Frognal]

My Lords, I will speak very briefly to Amendments 503, 505 and 506, to which I added my name. All simply assert the importance of having regard to the principle of institutional autonomy, which we have raised at various times throughout the Bill. It seems appropriate to reassert the principle of the autonomy of higher education institutions in these three places. I beg to move.

[Lord Prior of Brampton]

My Lords, as with similar amendments regarding the OfS, I assure noble Lords that the Government agree that institutional autonomy is of the utmost importance, and that we are actively considering how to address the concerns that have been raised.

On Amendment 503, Clause 95 already protects institutional autonomy by stipulating the unhypothecated nature of Research England’s funding allocations—and it does so in stronger language than that proposed.

It is unnecessary to make Amendment 505 as the same protections given to Research England’s funding in respect of grants also apply to the Secretary of State’s power of direction. As I have already stated this evening, the power to give directions is limited to financial matters; it is not a power to direct UKRI more generally. This power is similar to that currently afforded by the Science and Technology Act 1965 and does not reduce the autonomy of institutions.

Amendment 506 would be overly restrictive and could also undermine the dual-support system. It would blur the distinction between the two funding streams of dual support and erode, if not end, grant funding awarded on the basis of peer-reviewed project excellence. UKRI and its councils need to retain strategic oversight of the research that they fund, just as the research councils do now. Unlike Research England, UKRI’s remit will not be limited to higher education institutions. UKRI will have a strategic vision for research and innovation across the UK. It will fund and engage with research institutes and facilities, as well as businesses, both domestically and internationally. The principle of institutional autonomy does not apply in the same way to many of these organisations. As such, I ask the noble Baroness to withdraw her amendment.

[Baroness Garden of Frognal]

I thank the Minister for his reassurances and explanation, and I beg leave to withdraw the amendment.

Amendment 503 withdrawn.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Report: 1st sitting: House of Lords
Monday 6th March 2017 Lords Chamber

Given his rather unconvincing answer in Committee, as I have argued, I feel that it is right to press the Minister on this issue and to ask why we are breaking with tradition. Why, uniquely, will this regulator not bear a name that reflects the industry or activity that is being regulated? Is this to be the approach for other regulatory bodies in future? I certainly hope that this attempt to what I can only describe as “popularise” a regulatory organisation is not a sign of things to come.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to this amendment, which I also supported in Committee, and agree with what we have already heard from the noble Lords, Lord Lipsey and Lord Burns. In addition to their arguments, I would say that the Office for Students is a very limiting title for such an all-encompassing and all-powerful body. As I pointed out in Committee, it was particularly ironic because it took quite some effort to get students in any way involved with it or represented on it. The Office for Higher Education seems an eminently sensible title for it, which I personally prefer to the addition of “standards”—although I will certainly not go to the wall on that.

Hopefully, the stonemasons have not already started engraving the nameplates and the headed paper has not yet been ordered, so there should be an opportunity to rethink the title before it gets set in stone. I hope the Minister will be able to come back at Third Reading with a more relevant title for this body.

[Lord Judd (Lab)]

My Lords, I strongly support my noble friend, but for a slightly different reason. It seems to me that we have gone an awfully long way towards making universities part of the market, and I believe that we have to get back to the conviction that a good university is a community of scholars. Students are not clients, they are members of a university community, and divisive titles of this kind play into the hands of a very sad trend in our university life. We have to get back to the concept that a student joins a community and participates in that community and does not just use it as a facility to provide them with a future.

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Moved by

[Baroness Garden of Frognal]

[Baroness Garden of Frognal]

In moving Amendment 2, in my name, I shall speak briefly to Amendment 48 in the name of my noble friend Lord Storey. At the start of Report stage, I thank the Government for tabling an extensive raft of amendments. It raises questions: why, during remorseless Committee sittings, did the Government not give some indication of their intentions and avoid fruitless hours of debate? Given all these amendments, why was the Bill so ill thought through in the first place? Where was the pre-legislative scrutiny, the consultation, or even the careful drafting, which would have enabled a more productive use of time and expertise in this Chamber?

However, let me not be churlish: better a sinner that repenteth. Amendment 2 picks up issues raised throughout consideration of this Bill. All sides of the House have argued that it is important not to neglect the considerable part played in higher education by those who are not following full-time, three-year courses. Part-time study, we know, has been in decline since 2008 by a combination of factors: for instance, restrictions placed on equivalent or lower level qualifications—ELQs; and the introduction of higher tuition fees in 2012 for part-time undergraduate courses. Part-time adult and distance learning provides diverse opportunities for many people unable or unwilling to access full-time undergraduate programmes, enabling them to progress their learning and to take opportunities for development that would not otherwise be available to them. Given that this valuable provision is so easily overlooked, it is important that there should be a voice and specific representation on the OfS board. This is a very simple amendment which I hope the Minister will be able to accept.

In the same spirit, I have added my name to government Amendment 8 which also reinforces recognition of part-time study, distance learning or accelerated courses. I am grateful to the Government for that. I have added my name to Amendment 48 in this group, tabled by my noble friend Lord Storey. We join those who want to see an end to the stigma surrounding mental health, where our colleague Norman Lamb has been a great champion. This amendment is important not only for those who might develop mental health problems during their time at university but for those who have experienced mental health problems in the past.

It is not just students; university staff, too, can experience stress and mental health problems. As responsible employers, universities should have support services in place for staff and their duty of care to students should also include mental health support. This amendment would make it clear that such provision should be available. Many universities already offer this and make it clear to students and staff that provision is available, but this amendment would ensure that all universities make students and staff aware of the provision. I beg to move.

[Baroness O'Neill of Bengarve (CB)]

I speak to Amendment 7 in this group, which seeks to put an additional general duty on what we are still calling the Office for Students. This general duty is to ensure that all English higher education providers—a term of art that we have now learned—have the same duties to make reasonable adjustments for students with disabilities. In Committee, we had very great confusion on this point. Some noble Lords on the Liberal Democrat Benches hoped, and perhaps some still do, that the public sector equality duty could apply directly to English higher education providers—but it cannot, because not all of them will be public sector bodies; in fact, it may be that very few of them are public sector bodies. The noble Lord, Lord Willetts, said that he thought that the public sector equality provision did not apply because universities were charities. However, it is part of the point of the legislation to secure a diversity of types of providers, and they will not all be charities. In fact, many of them may be for profit.

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[Viscount Younger of Leckie]

I shall not be drawn on that today, my Lords, but the intention here is that we work ever more closely with the noble Lord. I hope that the pledges Jo Johnson and I have given will at least help to nail down further the issues the noble Lord has raised.

I turn to another important issue, mental health, raised by the noble Lord, Lord Storey. We are working alongside the sector to identify measures which will make a real difference to staff and students. This will inform the Green Paper on mental health later this year, of which the noble Lord will be aware. Noble Lords have rightly raised the issue of mental health in higher education throughout our deliberations on this Bill. I say again that the Government expect higher education providers to provide appropriate support services for all their students and staff, including those with mental health issues. However, there is a balance to be struck here, because it is vital that we retain flexibility to enable autonomous institutions to meet the needs of their own staff and students. With that, I ask that the noble Baroness withdraw her amendment.

[Baroness Garden of Frognal]

My Lords, I thank the Minister for his detailed and constructive reply, and all noble Lords who have taken part in what has turned out to be a wide-ranging debate. We have covered part-time students, mental health disabilities, randomised control trials and bursaries, the Director of Fair Access, dyslexia in particular and a range of other issues. There has been quite a lot for us to think about, which we will take away. We may wish to bring back some of the issues at Third Reading. For the time being, I beg leave to withdraw the amendment.

Amendment 2 withdrawn.

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[Lord Mackay of Clashfern]

My Lords, I have Amendment 5 in this group. Your Lordships may remember that in Committee, the noble Baroness, Lady Wolf, and my noble friend Lord Ridley tabled an amendment to deal with the matter that my amendment seeks to deal with, but they sought to do so by reference to a new committee that was to be set up to have that power. It is obvious that we are in a changing world and therefore that there may well emerge needs for new providers to do something different to that which is presently provided in the higher education sector.

Since we are to have the Office for Students—that is still its name—it is perfectly appropriate that the duty of looking out for “emerging needs” should fall on that regulator. We would not need further committees; the existing regulator would be able to do this as a natural operation in the course of viewing the sector, as it has to do all the time as part of its regulation. It is also clear that setting up a new provider in this area is not without problems. A certain degree of capital expenditure is probably necessary and there would certainly be other costs as well, running costs in particular. It is therefore right, as was said originally and as I say again, that the regulator should take appropriate steps to encourage the meeting of those needs. The main support for this provision came from the noble Baroness and my noble friend but I thought this would be a neat way of achieving exactly what they wanted, without the elaboration of a further committee. In due course, I shall move this amendment.

[Baroness Garden of Frognal]

My Lords, I have added my name to the amendments in this group from the noble Lords, Lord Kerslake and Lord Stevenson. I express support from these Benches for the safeguards for institutional autonomy which they represent. I also add my thanks to the Minister for adding his name and the support of the Government to them.

[The Earl of Dundee (Con)]

My Lords, as my noble and learned friend Lord Mackay of Clashfern has just implied, in performing its functions clearly the OfS should not just have regard to current and known needs as they may now be identified. It should also have regard to such needs as may come to light later on. By referring to the latter as “emerging needs” my noble and learned friend has produced a useful amendment, which I hope will be adopted.

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[Lord Kerslake]

My Lords, I rise to move Amendment 19 in my name and that of the noble Lord, Lord Stevenson, and the noble Baroness, Lady Garden. I have already declared my interest as chair of Sheffield Hallam University board of governors. On this amendment, I should also declare that Chris Husbands, the excellent vice-chancellor of Sheffield Hallam University, is the chair of the teaching excellence framework panel established by the Government to oversee the development of the TEF.

The effect of this amendment would be to prohibit the use of the TEF ranking in either the setting of the student fee cap or the number of students that a university can recruit. This would apply to both national and international students, so preventing the possibility that the TEF ranking might be linked to the issuing of student visas. Others will speak on this latter issue in a moment. I would like to focus on the issue of linking fees to the TEF.

It is important to be clear at the start of this particular debate that there is a lot of agreement on the issues of teaching quality and fees when taken separately. Across the House, there is widespread support for the Government’s efforts to raise the profile and improve the quality of teaching in our universities. Students paying £9,000 a year are entitled to expect a consistently high quality of teaching, wherever they undertake their degree. This has been true for many universities and many courses, but not enough. There remain differences of view about whether the approach currently being taken to the TEF by the Government is the right one. This will be the subject of a separately debated amendment from the noble Lord, Lord Blunkett. However, there is absolutely no argument about the need for an assessment of teaching quality and for data on such things as student satisfaction and job outcomes to be freely available. The Government’s announcement of a genuine lessons-learned exercise for the TEF after this trial year, and the extension of the pilot phase of the subject-level TEF by an additional year, are both welcome.

Equally, there is an understanding that student fees need to be able to rise to reflect inflation. The Treasury should not have been surprised when most universities increased fees to the maximum cap of £9,000 in 2012. This largely reflected the loss of other government funding. Our universities have been spared the gruelling austerity of other parts of the public sector, albeit at a cost that has been passed on to students and, for many, to future taxpayers. However, I have no doubt that a properly argued case for further inflation-level increases will, and indeed should, get the support of Parliament. The issue here comes from the Government’s plans to circumvent the debate on fees and allow inflation increases only for those universities that have achieved silver or gold rankings. There are four main reasons why this approach is simply wrong.

First, the TEF is not ready. There is not yet a settled methodology. Indeed, the very fact that the Government have agreed to a fundamental review this summer, including how the metrics are flagged, the balance between the metrics and the provider submissions, and the number and names of the ratings, tells us that we are some way off where we need to be on this. As the noble Lord, Lord Norton, put it so well in Committee, the TEF is being asked to bear too heavy a load. As things currently stand, universities ranked gold and silver will be able to increase their fees, but bronze-ranked universities, perhaps 20% of the total, will not. Yet in our debate on the TEF the Minister stated clearly that bronze should be seen as a worthy rating. Whichever way we look at the issue, this is an approach to fee setting that has not been properly thought through.

My second reason for not making the link is that the TEF rating will relate to the university, not the subject or course. We will not see subject-level ratings until 2020 and yet we know that it is perfectly possible to have a mediocre course in an otherwise excellent university, and indeed vice versa. It can be argued that the TEF ranking gives an indication of the overall student experience at a particular institution, but the variation which so obviously exists within institutions makes that argument quite unconvincing.

My third reason why this is a bad move is that, if the case for the link is being made on behalf of students, we know that the body which represents them, the NUS, is vehemently against the proposal. Its argument is a simple one: there is no evidence of a relationship between increasing fees and increasing quality of teaching. It seems very hard to argue the case for a shift towards a student voice as a consequence of student loans and then to completely ignore the clear view of student representatives up and down the country.

My fourth and final argument is that there is absolutely no need to provide this particular incentive to improve teaching quality. The impact of the TEF, coupled with the demographic and other changes we are experiencing, will provide more than enough incentive. University-age pupils leaving school have fallen for four years and are set to fall for another six. The total reduction will be 20%. At the same time, maintaining and growing the number of overseas students is likely to be a real challenge. Put simply, we do not need to put further pressure on what is already going to be a challenged system.

To conclude, there is a strong case for promoting teaching excellence and for allowing student fees to rise in order to reflect increasing costs. However, putting the two together in the way the Government are currently proposing is both ill judged and unfair. I beg to move.

[Baroness Garden of Frognal]

My Lords, I have added my name to the amendment moved by the noble Lord, Lord Kerslake. He has set out the arguments on this important issue convincingly and comprehensively, both in Committee and again today, so I shall not repeat them. It is simply wrong that either the amount a student should pay in fees, or indeed if a person can come to study in the UK, should be determined by whether a university achieves a gold, silver or bronze standard rating, or whatever grading system is put in place. Our Amendment 73 in a later group is linked to this and also seeks to disconnect the ability of international students to attend a course from the quality rating of the provider.

On the matter of international students, the noble Lord, Lord Kerslake, referred to an already challenged system, but we can read today in an analysis by Universities UK that they generate some £26 billion for the economy each year and support 206,000 jobs across the UK. It is folly to take actions that deter international students on financial grounds and, possibly even more important, it is folly to do so given their contribution to international relations, academic standards and generally to our quality of life. I add my strong support from these Benches to this amendment.

[Lord Desai (Lab)]

My Lords, I will be somewhat maverick. I have spent a lot of time in British higher education. I started when the whole idea of charging students fees was thought to be outrageous. At the LSE we initiated research into income-contingent loans, which students would take for higher education. While it was said at the time that it would be terribly harmful, not much harm has been done.

However, there is a great liking for uniformity in this country, because uniformity is mistaken for equality. I was involved in the first research assessment exercise back in 1988. In research rankings, we have information on universities by different departments. They have been ranked from five star to one so that students know which universities are good and which are not. They consult this information before they apply. It is no good pretending that somehow students will not look at the quality of universities and so on.

However, I agree that universities should be allowed to charge different fees for different courses. The noble Lord, Lord Quirk, who was vice-chancellor of the University of London many years ago, proposed during debates in your Lordships’ House some years ago that there should be not a single fee for all courses in a university but different fees for different courses. But that is a separate issue.

I am reluctant to force the system into uniformity so that people have to pick up signals of quality differences somewhere else. If a university wants to charge £15,000, let it. If it is no good, people will not go there. I do not see what the problem is. This is how the American system has survived for many years and thrived. It has very good outcomes in higher education. We have somehow tied ourselves into knots that things must be uniform, that things must be like this and that there must be overregulation. We are then surprised that universities create silos for themselves—they do not co-operate with each other and so on. I am sceptical that this is a desirable amendment.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 8th March 2017 Lords Chamber

We on this side of the House know all about people who believe that they can set aside reality and that people will go with them—but you cannot. So the relative judgments to help students know what type of university they are going to and what they are going to get are fine, but relative outcomes are not suitable in terms of a judgment of the ranking of universities across the board in this country. What is, is—and universities should be judged holistically on what they offer and the outcome measures they provide, not on what the comparator is with another institution of a particular type. Therefore, we need to be clear that in future we will want to lift the quality in every aspect of higher education, whatever the background and historic resonance of the university. In the end, we want people to know that quality means quality.

[Baroness Garden of Frognal (LD)]

My Lords, I support the amendments proposed by the noble Duke, the Duke of Wellington. I have added my name to Amendment 72 in the name of the noble Lord, Lord Blunkett, and I entirely endorse all that he has said. I pay tribute to him for all that he has done for education in this country. His amendment is supported by the noble Baroness, Lady Wolf, and myself, and I shall speak briefly to Amendment 73, which stands in my name and that of my noble friend Lord Storey.

Amendment 72 sets out a scheme to evaluate teaching and encourage best practice based on systems already in place in universities. In Committee, my noble friend Lord Storey said:

“Teaching is not just about knowledge but also about how you relate to young people. The most knowledgeable and gifted professor may be unable to relate to a young person, and therefore cannot teach the subject”.—[Official Report, 18/1/17; col. 272.]


That is why I come back to my call for all those required to teach in universities to be offered training in the skill of teaching. Having a higher education teaching qualification would be ideal, but it is very unlikely to meet the favour of the Government or, indeed, of universities. It is important that training in how to teach should be available to all those who are expected to teach in universities. That would do more to raise standards than the threats of the TEF metrics. I repeat the call to end zero-hours contracts for academic staff, to which we will refer later today. Constant employment insecurity is not conducive to commitment to high standards of teaching.

The amendment in the name of the noble Lord, Lord Blunkett, offers a productive way forward. It calls for assessment of meeting or not meeting expectations and would certainly minimise the damaging league tables or single composite rankings, which do much more to disincentivise those working hard in challenging situations than they do to encourage those who regularly feature at the top of such rankings.

I also pick up the noble Duke’s point. It may be that universities that support the TEF do so not just to raise teaching standards but because the Government are coercing them with fee rises. It would be interesting to see, if fee rises were uncoupled, how many would be so wholehearted in this untried and untested set of metrics.

Our Amendment 73 has already been addressed in earlier debates. It would prevent the TEF being used to determine eligibility for a visa for students to attend universities. I shall not speak more on that because we covered this issue pretty comprehensively. I certainly support all the amendments in this group.

[Lord Lipsey (Lab)]

My Lords, I shall speak to Amendment 69 on the National Student Survey and Amendment 67 on postponing by a year the ability of TEF rankings to affect the fees universities can charge. Noble Lords will be relieved to hear that I will not repeat the longish and geekish speech I made in Committee on the National Student Survey. I look forward to hearing from the noble Lord, Lord Bew—a man whose expertise in this field no one in the House will doubt—putting the main arguments forward. However, the House ought to be updated on two recent developments that bear on the validity of the NSS.

First, there is the letter of 23 February from Ed Humpherson, the director-general for regulation at the UK Statistics Authority, to the DfE, responding to concerns raised with that authority on the NSS. It is a letter that needs a little reading between the lines, but in summary it refers approvingly to what Ministers have done to downgrade the NSS in the TEF. I will come back to that in a minute. It tells the department it must address the recommendations in the ONS report of June 2016 on the NSS and of the Royal Statistical Society in July 2016. Why do I draw attention to those two documents? They are the fundamental and official documents on which the critics of the NSS rest their case. They also take reading between the lines, but when this is done they are excoriating critiques.

Secondly, there is the question of benchmarking. Those reports and everyone who has addressed this subject agree that you cannot use the TEF for direct comparison between institutions. You simply cannot use it to compare the Royal College of Music and Trinity Laban—the two conservatoires that my noble friend Lord Winston and I have the honour of chairing—with Kingston University or any other I could mention. Instead, we are supposed to use benchmarking, which means comparing similar institutions.

Benchmarking raises its own set of statistical questions, which I will spare the House, so the Government decided that they needed an independent report on benchmarking and its statistical difficulties. What does that report say? It says nothing. Why does it say nothing? It is because it does not exist. Why does it not exist? It is because the Higher Education Statistics Agency, which admits this perfectly freely, has failed to commission it. It has been very difficult to get anyone to take it on. The pillar that bears the NSS in the TEF may be of solid oak, or it may be completely rotten. Without that study we have no idea.

The amendment I am speaking to calls for an inquiry into the NSS. I am delighted by all the concessions that the Government have made on the NSS in the TEF—although I should not call them “concessions”; they have given way to reason on these subjects—including its official downgrading to the least important metric, the admission of its shortcomings for small institutions, the one-year postponement of the subject TEF and the lessons-learned exercise. All those are sensible and welcome concessions from the Government. However, they mandate one further concession. It would be a self-inflicted blunder by the Government now to go ahead and let the TEF stop some universities’ raising fees on the original timetable until and unless that lessons-learned exercise has been completed and, indeed, the study that was supposed to have been commissioned by the Higher Education Statistics Agency has been commissioned.

We have been jumping in the dark into a pit whose depth we do not know. I want, and most noble Lords want, the TEF to work, but a rushed TEF, littered with statistical errors, will not work. If Ministers want the TEF to last—they do, and I do—they need a measured timetable for its introduction. They need to give it time to bed down. Otherwise, the flaws that I and others have been pointing to in this debate will turn from glints in the eyes of the geeks to real-world inadequacies and perhaps in some cases will even threaten the existence of the institutions that lose out as a result of those flaws. That would undermine the legitimacy of the whole scheme.

I beg the Minister, who has made so much progress with this Bill, not to concede, at the last minute, an own goal which may mean that what could have been a reasonable victory turns into a dreadful loss.

--- Later in debate ---

[Lord Willis of Knaresborough]

I thank the Minister for Amendment 100. We had a quick gloss over this the other day, and I sought a device to bring Amendment 100 back because in our heady and heavy discussions, sometimes we have lost sight of the other side of higher education and, in particular, of students who are working part-time and the significant number of students who drop out of higher education. Every year, approximately 8% of students drop out of their courses; for some courses the figure is as high as 30%. I am doing some work on nursing degrees, and research is showing that as many as 35% of students start a degree but do not finish it. That is a huge waste of talent. Some of those people—albeit very few of them—come back to complete their degrees, but the whole system in the UK is very much geared against that. If you fail, you fail: that is the maxim throughout our education system. It applies at GCSE and A-levels and certainly at university.

The Government are to be hugely congratulated on Amendment 100 which, for the very first time, accepts that this is a real issue. One of the problems is that if students are on the wrong course, how do they transfer to another one, particularly one at another university? Students often enter vocational degrees later in life, and there are changes in their lives. A student marries, or their partner needs to move for their career, so the student needs to go to another institution to complete their studies, and there is a host of problems in doing that. Very few institutions have a robust, well-advertised, student-friendly system whereby students can leave and come back, or leave and go to another university.

The trouble is that we have a higher education system that prizes its autonomy above everything else. It is one of the great strengths of our education system. In the short time I have been in your Lordships’ House and the time I was in the other place, I have seen nothing excite people more, be they MPs or Peers, than attacks on the higher education system. Everyone comes out, as your Lordships have seen this afternoon.

I want to make sure that we do something about it when students, for whatever reason—sometimes it is for personal reasons; sometimes it is because they are just not coping with the course—drop out of the system. The first step is to make sure you have a robust system whereby students know they can transfer somewhere else if they are not succeeding, or if they drop out, they can either return or transfer somewhere else if they need to. Amendment 100 deals with a lot of those issues, but the Government have slightly let us down here—I say “slightly” because I very much support what they are trying to do. New subsection (1)(a) says that the Office for Students “must monitor the availability”, while new subsection (1)(b) says that it,

“must include in its annual report a summary of conclusions drawn … for the financial year”.

But when it comes to the vital part—ensuring that universities have robust systems in place to enable students to arrange transfers—the amendment brings in the word “may”. New subsection (1)(c) says that the OfS,

“may facilitate, encourage, or promote awareness”.

Your Lordships know full well what “may” means—it basically means you do not have to do it. That is the problem with this.

The previous Labour Government, in 2009, brought in some similar regulations, which were advisory. The current Government, to their credit, did a piece of research in summer last year on what was happening with student transfer in various universities. I read the results, which were published in December, and they were hugely disappointing. It is not this Government’s fault, the previous Government’s fault or the previous Labour Government’s fault. The reality is that this is not taken seriously by most universities. I have the most enormous regard for the noble Baroness, Lady Wolf, but we had a slight spat in Committee when I said that the Russell group universities were the worst offenders. I stick by that, although in actual fact I do not know. She took me to task, but the reality is that she does not know either, as they do not publish anything to back up the case.

Through Amendment 100A, I want to change the word “may” to “must”, so that the Office for Students must facilitate, must encourage and must promote awareness of the provision of arrangements. Universities would then have to have a system, because that system would be reported back to the OfS and would appear in the annual report. It is a very simple change. I am sure that the Minister, in his wisdom and in his love and affection for all that is happening in the higher education system, will agree to this very small amendment, which would make a huge difference to the very significant number of students who, for whatever reason, drop out. We want them back.

[Baroness Garden of Frognal]

My Lords, I support my noble friend’s amendment for all the good reasons that he has given. In addition, given that the Government are making provision for some providers to fail, it is important that measures are in place for students to have records of the credits they have accumulated from their studies, so that they are best placed to find an alternative provider without going back to the start and can get credit for partial awards they have achieved. I know that even in the days of the polytechnics, with their single validator, the CNAA, it was not always straightforward for students to take their credits from one polytechnic to the other; with different and varied providers, it will be even less straightforward. It is a time-consuming process, as providers need to be able to match the credits from an organisation to bring them across into their own systems. But it is still well worth doing, and the Bill could help by making it mandatory for institutions to set up systems to,

“facilitate, encourage, or promote awareness of … arrangements … for student transfers”.

Changing this one word, “may” to “must”, should enable that to happen.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Report: 2nd sitting (Hansard - continued): House of Lords
Wednesday 8th March 2017 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, I support Amendments 126 and 127 in the names of the noble Lord, Lord Lucas, and my noble friend Lord Willis. I accept the arguments that the noble Lord set out clearly and I look forward to the Minister’s reply.

I also add my support for Amendment 130, as I did in Committee. As we have already discussed, those on non-permanent contracts may find it more difficult to deliver quality teaching with all the uncertainties hanging over them, and it would be useful to have data to see whether that is in fact the case. The reverse situation with lifetime tenure tended to have the effect of too much certainty of employment, which could lead to a lack of incentive to devote time and trouble to quality teaching, but tenure is not really a problem that we have to address these days. The employment status of staff and the staff to student ratio are both significant factors in teaching. I hope that the Minister will be able to accept this amendment and I look forward to his reply.

[Lord Stevenson of Balmacara (Lab)]

My Lords, I support the amendments in the names of the noble Lords, Lord Lucas and Lord Willis, which were explained very well by the noble Lord. They would contribute to a better understanding of all the issues that have arisen during the course of the Bill and would be a source of good data for the future as we see how the system being brought into play works in practice.

My Amendment 130 stems from Clause 61, which would place a duty on the relevant body or the Office for Students to put in a series of measures in relation to data that are to be published. The requirements are not very detailed—there is broad discretion—but the broader areas relate to student entrants, the number of education providers of different types, the number of persons who promote the interests of students and a good range of other things. Curiously, it does not really go down into the detail of some of the mechanics mentioned by the noble Baroness, Lady Garden, when she spoke on behalf of the noble Lord, Lord Willis, and these are the issues picked up in my amendment. It happened to be topical because, when the Committee stage took place, there was an investigation into the use of part-time, non-permanent and permanent staff in higher education on zero-hours contracts—I think that was the term used. This amendment at least points in that direction but I think that it has a wider resonance, and I look forward to hearing the Minister’s response.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I am pleased to have added my name to the hugely important amendment moved by the noble Lord, Lord Hannay. I, too, regret that the noble Lord, Lord Patten, cannot be here due to ill-health, and we of course wish him well.

The noble Lord, Lord Hannay, gave a powerful and comprehensive introduction to the amendment, the content of which we have discussed many times in your Lordships’ House with agreement from all parts of the Chamber. The Bill presents us with a great opportunity to address the concerns expressed in debate and in various Select Committees of both Houses. For example, in recent years, six parliamentary committees have recommended the removal of students from the net migration target.

Apart from the Government, I have spoken to no one who is against the measures in the amendment: quite the contrary, there is strong support. I have spoken to overseas and UK students, academics, administrative staff of higher education institutions, people working for the bodies responsible for standards and quality, and many of our citizens from all backgrounds in different parts of the country. They understand, as my noble friend Lord Darzi said at Second Reading, that we must secure and sustain our ability to excite, attract and retain the world’s greatest minds. This is fundamental to the excellence of the UK university system.

Like the polling undertaken by UUK, my conversations provide clear evidence that even those people who are anxious about immigration welcome foreign students and do not think they should be included in the migration figures. They do not want immigration rules that are any more restrictive than the current ones placed on undergraduate and postgraduate students and academics: not now nor in future, when our immigration policy is revised to deal with Brexit. To use somewhat unparliamentary language, it is a no-brainer.

As the noble Lord, Lord Hannay, said, the case for the shift in policy set out in the amendment is unanswerable. The problem of bogus students studying at institutions has, thanks to government action, been dealt with. We still await the results of the consultation on the study immigration route and a firm rebuttal of the destabilising statement made by the Home Secretary at the Conservative Party conference, but the statistics on overstaying students are, to say the least, questionable, and new data demonstrate that the number of overstayers is negligible.

Undergraduate and postgraduate students are visitors, not economic migrants. Their contribution to our higher education institutions is enormous: not just the fee income, which enables universities to thrive and innovate, but their economic impact on the wider community; the culture they bring, which enriches the experience of our students; the soft power that lasts a lifetime; and the huge addition to and influence on the invaluable research being undertaken in our universities, which affects the economic and social well-being of our country, our capacity to deliver industrial policy and so much more.

It is absolutely clear that we should and, indeed, must welcome overseas students, especially as we begin life in a brave new global Britain, where collaboration and soft power assume a greater importance. The Minister can say until he is blue in the face that overseas students are welcome, that there is no cap on the figures and that our offer compares favourably with our competitors. The fact is that even if all those things were true, the perception is very different. We can all cite numerous examples of potential students now choosing to study elsewhere. The statistics given by the noble Lord, Lord Hannay, are clear evidence of this.

If the Government agree to the amendment, this perception will be changed immediately and the flow of Indian students and others now choosing to study elsewhere will be stemmed. I hope the Minister will not rely on the argument about best practice in migration calculations, which requires us to follow the stipulations of the UN. This has always been a weak argument, but post-referendum, when the Government proudly assert their determination to take back control, it is risible—likewise, the Minister’s statement that it would be inappropriate for the Government to seek to influence how statistics are compiled. What are the Government for?

The amendment would provide a strong signal in the increasingly important and competitive higher education market that this country really welcomes international students.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to the amendment, as I did in Committee. I add my regrets that the noble Lord, Lord Patten, is not here and wish him well. My support comes for all the important reasons set out so persuasively by the noble Lord, Lord Hannay—and it was evidence-based persuasion, which is always the very best sort.

Our higher education sector has derived immense benefit from collaboration with European research establishments—not just financial, but benefit in research, scholarship and international understanding and good relations. In this new, uncertain world, those relationships are ever more important.

We have discussed international students at length; they are valued and valuable and should in no way be deterred by any undue immigration categorisations or controls. In the light of the overwhelming view not just of this House but of people around the country in all the messages we have heard, I hope the Minister can assure us that the amendment will be accepted.

[Lord Lucas (Con)]

The purpose of my Amendment 151 is, by collecting data and publishing it, to drive improvement and collaboration. That has been urged on me by several universities. They feel that there is another way—that we do not need to proceed by confrontation if the universities and the Home Office will agree to work together. That is something that we should insist on. Particularly given what we are going to spend the rest of today doing, this is not a time for argument, however hallowed by time that argument is; it is a time for pulling together for the good of the United Kingdom. This is not a one-sided thing; it means that the great universities really have to join in the great campaign that the Government run to support the whole of British education abroad. At the moment, it is really supported only by those who do not have sufficient of a reputation to justify marketing on their own. For this to succeed and for the good of the nation, we need the great universities to join in. There are a few which have and a few more on the periphery, but it has been a shameful show, by and large.

We need universities to recognise that, in their alumni, they have an enormous ability to help us to trade internationally. This is not something that they should seek to keep to themselves for their own commercial interests, although, obviously, that is important. This is a time when they should actively look for ways in which to make this available to the nation. However, as was seen in Committee, this is not the case, and universities really need to recognise that they have a role to play in helping the nation over the next few years.

Universities also have a role to play in supporting the immigration system. It is not there, like some tax-avoiding man in the pub, to be gamed to see how much money you can make out of it by taking the money from overseas students and not shouldering the burdens. I know that universities are better at this than they used to be, but they are by no means perfect. They are at the focus of a lot of people coming into this country. As a House, we are offering Amendment 150, which I shall support wholeheartedly—but there needs to be reciprocation from universities; they need to recognise that cheating on immigration is the same as cheating in examinations. They need, for the good of the country and of themselves, to get wholeheartedly behind supporting that concept.

The Home Office, as we all know, is not set on collaboration. I asked the Home Secretary a question a month ago in a meeting as to whether the Home Office would collaborate with universities, and she said that it would. I wrote her a follow-up letter to which she has not replied. I think that that is pretty typical of the attitude at the moment. It seems to think that it is in a little box and that all it has is its responsibility to keep people out of this country, but it is not true. At this moment, everything is all our responsibility; we must all help the Home Office to do what it has to do, and it must help us to do what we have to do to make a success of leaving the European Union.

The Home Office is, to a substantial extent, at the front sales desk for universities. It talks directly to the customers who universities wish to attract, but it runs an antagonistic website; it has impenetrable documentation and treacle-filled systems in which it can take six months for an appeal to be heard. It refuses visas on the basis of unanswerable questions such as, “What modules do you expect to take?”. Nobody knows that until they have had a bit of experience of the university and the modules may not even be set. There are even some cases where students have been told that they are being refused a visa because the equivalent courses are cheaper in their home country and they ought to be following them. This is not collaboration in any sense of the word.

I hope that we will achieve a notable victory on Amendment 150, but when it comes back to this House we should be looking not for victory at the end but for reconciliation. We need the Home Office and universities to be working together for the good of us and for each other.

--- Later in debate ---

[Baroness Deech (CB)]

My Lords, this amendment goes to the heart of what the Bill is all about. Let us set aside for a moment the questions of fees, numbers, quangos and validations. The Bill is ostensibly about teaching excellence and academic freedom. We take it as implicit—the league tables confirm it—that our universities are among the very best in the world. Some of them are consistently found in the top 10, alongside American universities. We are united in wanting to preserve our excellence, as the vote of a few moments ago showed. We want to preserve it for its own sake and because it is a valuable, international attraction, embedding our intellectual values in cohort after cohort of future world leaders who come here to study. But you cannot have academic freedom, as now included in the Bill, or teaching excellence without freedom of speech. That, as I have repeatedly warned in this Chamber over the last couple of years, is in danger. Sometimes it is farcical gagging of speech and other times it is very dangerous.

The Bill will rank universities’ teaching skills as gold, silver, bronze and ineligible. There exists another ranking—that of freedom of speech—in our universities, which is, in my opinion, to be taken even more seriously as an indicator of excellence. The free speech university rankings 2017 examine all our universities according to the following criteria: bullying and harassment policies; equal opportunities policies; students unions’ attitude to no-platform policies; safe space; student codes of conduct; bans on controversial speakers and newspapers; and even expulsion of students on the grounds of their controversial views or statements. The sampled universities are then ranked: “red” means a university that is hostile to free speech and free expression; “amber” means a university that chills free speech and free expression by issuing guidance with regards to appropriate speech; and “green” is for the other universities which place no restrictions on free speech and expression, other than where it is unlawful.

Sixty-one universities, or 63%, actively censor speech. The censoring is either by the university administrations or by the students themselves. The examples of censoriousness are well known, whether it is the silencing of a Muslim woman calling for reform of religious attitudes towards women, the playful adoption of foreign dress or cuisine, mentions of transgender, the likelihood of blasphemy, or even complaints about censorship itself. We all remember the suspension of Sir Tim Hunt and the LSE lecturer who was silenced when his views about welfare were found to be likely to be unacceptable. Violence met Israeli peace activists speaking at UCL and KCL.

At the other end of the scale, hate speech is being heard unchallenged. A recent review of people convicted of terrorism found that a significant number were in education at the time of the offence. Student Rights logged 27 speaker events in London in four recent months where speakers referred to homosexuality in the most derogatory and punitive terms, and defended convicted terrorists. That is unlawful speech and universities are not always stopping it. My amendment, if accepted, would incidentally clarify, limit and strengthen the Prevent policy, which is likely to be reviewed because it would single out unlawful speech as a target of prohibition rather than the more woolly “extremism”. In sum, there is no point pursuing teaching excellence and academic freedom, in ranking universities gold, silver and bronze, if at the same time their real freedom and intellectual excellence comes out red or amber. These rankings are known internationally.

The Government maintain that my amendment is unnecessary because the required laws are already in place. I submit that not only are they ineffectual but there is a gap in the Minister’s summing-up letter which relates to enforcement. Students union premises are included in the premises on which a university must afford freedom of speech, but in practice some university authorities claim that union-organised activities taking place on university premises are not covered and the authorities back off, claiming the union is autonomous. Nor do they put a stop to safe-space controls. Or the universities tell students who have been discriminated against by their union that complaints are handled exclusively by the students union, which is wrong in law.

The Universities UK 2016 task force on violence against women, harassment and hate crime set out guidance for a disciplinary code for universities to adopt. The task force found that the evidence also suggested,

“that despite some positive activity, university responses are not as comprehensive, systematic and joined up as they could be. A commitment to addressing these issues is required within every university, from senior leadership down”.

Yet the report’s guidance does not seem to have been widely accepted. Some colleges—for example, SOAS—reject the new definition of anti-Semitism helpfully disseminated by the Government. I say “helpfully” because it distinguishes between lawful, political criticism of a state, which is fine, and race hatred which is not.

I turn now to the other points made in the letter sent to all Peers by the Government. It is stated in that letter that legal proceedings should be brought against universities if the freedom of speech duty is not complied with. That is too slow and the action needs to be against the disruptors in the first place rather than the university. There have been complaints to the Charity Commission about some unions but that, too, is slow and difficult. I respectfully suggest that the basis on which the Government now state that they are confident that students unions are sufficiently controlled by existing law is because I provided them with advice from a QC. Most universities do not know the law and dispute the conclusions. The Office for Students could require freedom-of-speech principles to be included in the public interest governance conditions but there is no requirement at the moment. It ought to be included in the Bill.

As we heard a few moments ago, many of our future leaders, both British and international, are being educated here in our university system. Since the referendum last year, there has been a spotlight on hate incidents, a rising number of unacceptable actions and speech. We are all disgusted by it. Some of us know that this has gone on for years and we are relieved that, finally, the occurrence of hate and intolerance in higher education, the media and society generally is getting the attention and disapprobation necessary. We will be letting down our future leaders if we allow them to receive their education on campuses where censorship is accepted and where hate speech and actions are overlooked. We will be storing up even more trouble for the future.

Accepting my amendment would not only show genuine commitment to excellence and academic freedom but clarify and control the Prevent guidance. It would provide for enforcement and support the UUK task force on hate and harassment. It would help students who have suffered from silencing and worse. To reject the amendment will send yet another message round the world—I am not exaggerating—that the Government and the university system remain passive in the face of a great threat to the future of our young. Our students must not graduate in the belief that there is no real freedom of speech, or that hate is mainstreamed. They must not leave university believing that it is routine to settle debates by silence or violence. For their good, I seek to have this amendment accepted. I beg to move.

[Baroness Garden of Frognal]

My Lords, I added my name to this amendment and spoke to it in previous stages of the Bill. I will be brief; in any event, the noble Baroness, Lady Deech, set out a comprehensive argument as to why this is so important. Who would have thought that it was important in this country to champion freedom of speech? Sadly, obviously that has become necessary. We are living in strange times. We have heard tales of students closing down free speech, and universities have taken remarkably little action over some issues when freedom of speech should have been protected.

It is difficult. There are obviously grey areas between what is lawful and what is not. As the noble Baroness said, we must not in any way encourage hate speech or incitement to violence but university students should be subject to ideas they find uncomfortable and be in a safe place where they can address them without those ideas immediately being shut down. This amendment also includes students unions, so it should help activities and events organised by students to make quite sure that they too encourage freedom of speech. It is a precious and valued part of our national life, and it is currently under threat. This amendment would add powers to ensure that we preserve it.

[Lord Stevenson of Balmacara]

My Lords, this is a very important debate. We are grateful to the noble Baroness, Lady Deech, for raising again with such powerful arguments the point she has been making consistently throughout Second Reading and Committee about the need to focus on this and get it right in the legislation. This issue is at the heart of what we really think about universities and higher education providers more generally. As the noble Baroness, Lady Garden, said, it is almost shocking to think that the understanding we have of what constitutes a university does not read across to what actually happens on the ground. The stories are legion and very unpleasant, and in many cases almost too awful to talk about in these circumstances.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Report: 4th sitting (Hansard): House of Lords
Wednesday 15th March 2017 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I shall speak to Amendments 184, 193 and 194 in my name. Amendments 184 and 194 are supported by the noble Lord, Lord Patel. In many respects these amendments complement the amendment that has just been moved. I will describe briefly what they would do. Amendment 184 would require that, before approving a research and innovation strategy for UKRI, the Secretary of State would be obliged to consult the devolved Administrations. Amendment 193, which relates to Clause 100, would add an obligation to the general duties of UKRI to have regard to the promotion of research and innovation in Scotland, Northern Ireland and Wales. Amendment 194 refers to guidance that would be given by the Secretary of State to UKRI. It states that the Secretary of State,

“must have regard to the promotion of research and innovation in Scotland, Wales and Northern Ireland”.

I apologise that I was not able to be here in Committee as I was abroad at the time, but I noted the debate and the amendments moved very effectively and eloquently by the noble Lord, Lord Patel. He emphasised that this is not special pleading for Scotland or any of the devolved parts of our United Kingdom; rather, it seeks to address a situation where UKRI will have a remit right across the United Kingdom but, in respect of some parts of its business, will be focused on England only. We know that, with the best will in the world, if you are dealing day by day with one part it is sometimes easy not to have the full picture of—I do not mean ignore—what is going on in other parts of the United Kingdom.

We know from what has been said in previous debates that the contribution of Scotland’s universities to United Kingdom research and innovation has been immense. Scottish universities certainly punch well above their weight in terms of the research funding that they have received from the research councils. That is a mark of the quality of the research that goes on in Scottish universities and, in turn, of what they put back into United Kingdom research and innovation. That is something I am sure we all wish to see continued.

There have of course been reassurances from the honourable Member for Orpington—the Minister, Mr Jo Johnson MP—and from Sir John Kingman that UKRI will work for the benefit of all parts of the United Kingdom. I do not for a moment doubt the sincerity of these aspirations and the personal commitment, but the principal of the University of Edinburgh—I declare an interest that it is one of my almae matres—Professor Tim O’Shea, said in a letter to Mr Jo Johnson on 17 February:

“I remain concerned that UKRI’s attention to devolution issues relies on personal trust rather than being hard-wired into the statutory framework of UKRI”.


These amendments would ensure that some of that hard-wiring was put in statute.

I read the Minister’s response to the debate on 30 January. I also express my thanks to him and his officials for meeting me earlier this week to discuss these amendments. In response to the amendment on statutory consultation he said:

“I disagree that this should be achieved by requiring the Secretary of State to formally consult with the devolved Governments on reserved UK government policy, which would undermine the whole devolution settlement”.—[Official Report, 30/1/17; col. 1004.]


With respect, there is a bit of hyperbole there; nor do I think it is wholly accurate, as I will deal with in a moment.

There is no doubt that important aspects of research and innovation are devolved. I recall when I had responsibility in the Scottish Executive as Minister for Enterprise and Lifelong Learning. The annual letter that I sent out to the Scottish Higher Education Funding Council referred to priorities, including priorities for research. Research and innovation are in a number of respects devolved matters. The Scottish Government put money into research and innovation in Scotland. This is not a situation where, as was perhaps suggested, having statutory consultation would trespass on a reserved matter. It is important that we have such consultation because important work in research will be going on with which the Scottish Government, or for that matter the Welsh and Northern Irish Administrations, are wholly cognisant.

The Minister’s department, BEIS, will be dealing day in, day out with what is going on in England. It will have a much better picture of what is going on in England, but it is no criticism that it will not be as familiar with the landscape of research and innovation in Scottish institutions. It would not be a very effective use of public funds if, through lack of proper consultation, it led to duplication or it cut across things that were being done in Scotland that could have been done much more effectively and efficiently if there had been that consultation.

My preferred option would certainly be that the Minister would accept the hard-wiring of a statutory requirement, but he knows that devolution has shown flexibility as it has proceeded. There are memorandums of understanding between the United Kingdom Government and the Scottish Government, and indeed the other devolved Administrations. I hope he would be willing to consider that a memorandum of understanding would be possible if he does not feel that the statute book is the proper place for these requirements. Regarding the guidance that the Secretary of State would give to UKRI in Amendment 194, a commitment from the Minister that that guidance will not be in statute but nevertheless would include a direction to UKRI to have regard to the promotion of research and innovation in Scotland, Wales and Northern Ireland would be very welcome indeed.

I said that it was not wholly the case that these matters were reserved. The reservation in head C12 in Part II of Schedule 5 to the Scotland Act 1998 refers to:

“Research Councils within the meaning of the Science and Technology Act 1965. The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils”.


That has been amended quite significantly. That amendment, passed by a Section 30 order under the Scotland Act in 2004, added the Arts and Humanities Research Council. When it was established it was not covered by the reservation in the Scotland Act 1998. I recall that when the then Higher Education Bill was going through this Parliament, I had to take the legislative consent Motion through the Scottish Parliament to allow the Arts and Humanities Research Council to apply in Scotland. There was subsequently an order—I think that it was the first ever order which reserved something which had previously been devolved back to the Westminster Parliament. My concern is that the minor repeals schedule to this Bill—it is a small-print detail—puts the work of UKRI into Schedule 5 to the Scotland Act. The Bill defines the functions of UK Research and Innovation as to,

“carry out research into science, technology, humanities and new ideas”.

That is probably quite right, because, as we stand here today in March 2017, we do not have a clue what kind of issues will be here in, let us say, March 2027, where it would seem perfectly right and proper for there to be research council activities. However, I do not see “new ideas” in the 1965 Act. Therefore, what I think is being done by this legislation is to extend the reservation. I am not sure that the legislative consent Motion picked that up. I do not think for a moment that it is a deliberate subterfuge or land grab, but I think that it has not been fully thought through. I invite the Minister to address that, because he knows that we are in sensitive times dealing with devolution and devolved and reserved issues.

My main point to the Minister is that he should recognise the different landscape—the different environment —for research and innovation. There is great merit in going forward as a United Kingdom, but the specific arrangements in Scotland, Wales and Northern Ireland have to be catered for.

[Baroness Garden of Frognal (LD)]

My Lords, I support the amendments in this group. I add thanks from these Benches to those expressed to the noble Lord, Lord Prior, and the noble Viscount, Lord Younger, for the government amendments that they have brought forward and for supporting those from noble Lords, which have certainly made it a much better Bill.

Amendment 162 mirrors an amendment which we brought forward in Committee. For all the good reasons which the noble Lord, Lord Stevenson, has expressed, it seems niggardly to have one person trying to represent the three devolved Administrations. The arrangements would be stronger if there were somebody with experience of each of the three. There are distinct differences in higher education provision in the four parts of the United Kingdom. UKRI would benefit if it had relevant experience of all. We note that the amendment insists not that the person be Scottish, Welsh or Northern Irish but that they have experience of those three devolved Administrations. I hope that the Minister will look favourably on it.

[The Earl of Lindsay (Con)]

My Lords, the amendments proposed by the noble Lord, Lord Stevenson of Balmacara, and the noble and learned Lord, Lord Wallace of Tankerness, address an important issue. I acknowledge that the significant proportion of research policy and funding reserved to Westminster offers advantages in its ability to support and encourage a cross-UK research ecosystem that can benefit all parts of the UK. I have had first-hand experience of what such cross-UK advantages can achieve from a Scottish perspective.

Until recently, I was chairman of a Scottish HEI with a strong research track record. The HEI that I refer to is SRUC, or Scotland’s Rural College. In the 2014 research excellence framework results, SRUC, in collaboration with the University of Edinburgh, came top in the UK for research power for agriculture and veterinary and food science. This is just one example of the extent to which Scotland contributes significantly to the overall strength of the UK research sector.

However, the ability of a cross-UK research ecosystem to benefit all parts of the UK, and in turn to benefit from all parts of the UK, relies on the research infrastructure. More specifically, it relies on a research infrastructure designed and operated in such a way that it clearly involves, understands, reflects and serves the needs of all parts of the UK equally.

In this respect, I am aware of well-placed concerns about the currently proposed design arising from the view that the different parts of the UK need a better defined role and involvement in setting overarching UK research policy and direction, hence my interest in Amendments 162, 184, 193 and 194 and my hope that my noble friend will support their intent.

The amendments would result in more structured, more certain and less ambiguous protection of UKRI’s duty and capacity to act in the interests of the whole UK. It could make sense for UKRI’s research strategy to be subject to consultation with the devolved Administrations. It could make sense for UKRI and for the councils to include members with experience drawn from the devolved jurisdictions of the UK to ensure that decisions were informed by knowledge of the diverse contributions made by different parts of the UK. It would also make sense for Innovate UK’s priorities to be informed by the specific economic policies of the devolved jurisdictions as well as by the UK Government’s economic policies. I hope that my noble friend will acknowledge the importance of the issues that the amendments address.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

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

[Lord Stevenson of Balmacara]

My Lords, I gather from the Public Bill Office that the Bill may have broken all records for the number of amendments tabled during its passage. That is an indication of the interest it generated across the House, which allowed the House to play a full and important role, as just mentioned by the Minister, as we scrutinised every clause and, indeed, virtually every line.

The Minister was kind to say that he felt that the Bill had been improved in this process. Ministers do not always feel that way about Bills that have been torn to pieces and not always put back together in the form that they originally liked. He is right that there were things we could do with the Bill to make it, within the context of its overall shape and form, slightly better and more accommodating of the needs of the sector it was intending to regulate. As the Minister says, there is further to go and perhaps it will change again, but we have certainly made a lot of progress. My noble friend Lord Watson said earlier on another Bill that the work we had done here is what we do best. It is something your Lordships’ House should continue to do.

I add my thanks to those expressed by the Minister, starting with him and his colleagues—the noble Lords, Lord Young and Lord Prior, and the noble Baroness, Lady Goldie, who all contributed to various areas within the Bill—for their unfailing courtesy and willingness to meet and, of course, to write. We have the epistolary Minister in front of us, who writes letters almost as easily as he breathes. We benefited a lot from those because they were very detailed and gave us a lot of information. We also appreciate, as has been mentioned, the substantial involvement of the Minister for Universities and Science in the other place, who, unusually, is not here today but has been seen around as we have discussed the Bill.

I also thank the Bill team. They were very good at organising meetings and often anticipated what we needed. But they also produced some very helpful factsheets, which have not been mentioned but I found very useful. These were necessary, because for those not involved in higher education it was a bit difficult to get down into the detail of the Bill. The factsheets were very useful in exemplifying what was meant by the various regulatory frameworks and what the architecture would do in practice, and we found them very helpful.

My Front-Bench team was superb. I am grateful to my noble friends Lord Watson and Lord Mendelsohn, who covered large areas of the Bill and obtained many of the concessions now in it. Our legislative assistant, Molly Critchley—we have only one—was extraordinary and superb and kept us going with grids and other materials so necessary for an effective Opposition, as well as dealing with the Public Bill Office and all those amendments. We are very grateful for its work as well in that respect.

One of the greatest pleasures of the Bill has been the experience of working closely with the other groups in the House. We quickly discovered that our views on the Bill were shared by the Liberal Democrats and a substantial number of Cross-Benchers, and indeed some Members on the Government Benches. We found that by meeting regularly and sharing intelligence about what Ministers were saying in bilateral meetings, we could make better progress than perhaps would otherwise have been the case. As I approach the end of my current spell of active Front-Bench responsibilities in your Lordships’ House, the close working relationship we built up over the Bill is one of the memories I will cherish the most.

[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.

Higher Education and Research Bill

Baroness Garden of Frognal Excerpts

Ping Pong (Hansard): House of Lords
Thursday 27th April 2017 Lords Chamber

[Lord Blunkett (Lab)]

My Lords, I draw attention to my declaration of interests in the register. It is not my intention to repeat the excellent contributions that have already been made, but I want to put on record my commendation for Chris Husbands, the vice-chancellor of what some unwisely call the university in which I am involved “the other university in Sheffield”. Chris Husbands’ work is of an excellent quality and I hope that we will be able to build on it in the years to come.

However, I will repeat what the noble Lord, Lord Kerslake, said in relation to what happens after the general election and ensuring that nothing is done, particularly in relation to the evaluation and the ratings, that damages in any way the enormous contribution of the higher education sector in this country both to the well-being of students and to our economy and our standing in the world. There can be no doubt after the considerable debates that we have had that there is a deep commitment on the part of the Minister in this House to improving teaching and to recognising the critical role of the teaching excellence framework in ensuring that comparator with the research excellence framework.

It is worth putting on the record at this very late stage that there is still a major tendency to value what will pull in major grants for research, even when the research may be of doubtful value, rather than to balance the commitment to high-quality teaching and learning with the REF. That is why I have expressed to Jo Johnson, the Minister in the Commons, what I repeat today, which is my support for the endeavour to put teaching very much at the top of the agenda.

I commend the Government on having listened. This Bill has been an exemplar of how we can work across the political divide both in this House and beyond. I will refer now to speculation in the more reliable media. I hope that no one will be punished in any way for having been prepared to listen and to debate. The idea that a Minister should not be able to express a view internally within the Government is a disgrace. I do not wish to bring in party-political matters, but I know that some MPs are thought to call the Prime Minister “Mummy”. I remember Mummy telling me that she had heard me once, heard me twice and did not want to hear me again—but you cannot conduct government on that basis. Therefore, whatever happens on 8 June, I hope that we will move forward on the understanding that a spirit of co-operation creates better legislation that is more easily implementable and receives a wider welcome than would otherwise be the case, and thus achieves its objective.

I thank the noble Viscount the Minister for repeating the words of Jo Johnson in relation to the move as rapidly as possible to subject rather than institutional comparators. This is an important part of what we were debating on what was Amendment 72, which morphed into Amendment 23 and is back with us in a different form today.

I also want to say, as a new Member of this House, how impressed I have been by the Cross-Bench contributions. I will echo the commendations made by the noble Lord, Lord Kerslake, rather than go through them again. Ministers and civil servants on this Bill have shown that they are of the highest possible calibre by being prepared to listen and respond, and I thank them for that.

[Baroness Garden of Frognal (LD)]

My Lords, perhaps I may associate these Benches with the eloquent words we have already heard. It is inevitable that there will be a measure of disappointment that not all of your Lordships’ wisdom has been accepted unequivocally by the other House, but I think we can all agree that we have made immense strides in this Bill, and we are deeply appreciative of the way in which Ministers have listened and come forward with proposals. Perhaps I may pick up one thing about which we are particularly pleased, which is that there will be a delay in implementing this while a review is carried out. Some really key measures set out in the Bill need more reflection to see whether they are actually the right path to tread, so we appreciate the fact that the delay has been built in. Again, we appreciate the measures that the Government have taken to come towards us on these issues.

[Baroness Wolf of Dulwich (CB)]

My Lords, first, I should declare an interest as a full-time Academic Council member of King’s College, London. I had not expected to speak in this part of the debate and I am afraid that I will be speaking again later. But, since I am on my feet, I would like to say that I agree with all noble Lords who have expressed their appreciation of how the Government have listened to opinions and to the House generally. I, too, feel that we have come a long way. In this context, I will bring back a couple of points that were made in the earlier debates by the noble Duke, the Duke of Wellington, and by me in the context of amendments that we had tabled. Since the noble Duke is unable to be here today, I will make them briefly on behalf of us both.

Along with almost all noble Lords here, we strongly welcome the delay in implementing the link with fees—here I endorse the remarks of my noble friend Lord Kerslake. I am delighted to hear that we are moving quickly towards a position where we will have subject-level rather than institution-level assessments. However, one reason we became so concerned about the TEF is that putting a label on an institution is potentially very damaging to it.

One thing that has been rather an eye-opener for me is the extent to which—perhaps inevitably and as someone who teaches public management I should not be surprised—the “sector” is, in the view of the Government, the organised universities and Universities UK, and how few good mechanisms there are for the Bill team and the department to get the voices of students, as opposed to occasionally that of the National Union of Students. Students have been desperately concerned about this, because they are in a world where they pay fees and where the reputation of their institutions is so important. They have been worried about and deeply opposed to anything that puts a single label on them. This single national ranking caused many of us concern.

I will say a couple of things that I hope the incoming Secretary of State will bear in mind. First, as others have alluded to, we have a pilot going on and a system of grades that is out there. I fully understand that that is under way and there are enormous lessons to be learned from it. However, I hope very much that, after the election, whoever the Government may be will think hard about how they use that information, how they publish it, and whether they are in any sense obliged to come forward with the type of single-rank national league table that has caused so much anxiety to students. That is of great concern and it is hard to see how it serves the purpose, also expressed in the current Conservative manifesto, of preserving the reputation of our great university sector.

The other thing, on which I do not have any particular inspiration but about which I would love the incoming Government to think, is how to widen out their contacts with not just the organised sector and Universities UK but the academics and students who are really what the sector is about. We have great universities not because we have activist managerial vice-chancellors but because they are autonomous in large measure internally as well as vis-à-vis the state. That has been of real concern to me. Since we are going to have an Office for Students, it would be very good if, post the election, we could make it genuinely an office for students.

--- Later in debate ---

[Baroness Royall of Blaisdon (Lab)]

My Lords, I declare my interests as in the register. I am very grateful to the Government for tabling Commons Amendments 15A and 15B and put on record my specific thanks to the Ministers—the honourable Jo Johnson and Chris Skidmore—along with their officials, for their time and willingness to find a compromise following the adoption by the House of my amendment on Report. This issue has been the subject of powerful advocacy by my honourable friend Paul Blomfield MP, who has done much work on the registration of students to vote, and by organisations such as Bite The Ballot and by the APPG on Democratic Participation.

The voice and views of the Association of Electoral Administrators was extremely helpful in supporting my case, and I have to say that the chief executive John Turner expressed some surprise that the Minister suggested on Report that the association did not take a positive view. UUK has been helpful to me personally, although it is divided on the issue. I trust that it will now do everything possible to ensure that all universities comply with this new obligation at the earliest opportunity.

I well understand that we all have the same aim: to enable the greatest number of students to register to vote and thus shape the future of this country so that it works for young people. It will probably not be possible for ministerial guidance to be published before the enrolment of students this autumn, so I hope that the Minister in office, whoever it is, will draw the attention of higher education institutions to the numerous examples of best practice that exist, including those cited by the Minister today. I am very proud of what Bath has done in these endeavours. I am grateful to the Minister for suggesting what will be in the guidance, which is very welcome, but could he say when the guidance is likely to be published and when the Government, if they are a Conservative Government, might expect higher education institutions to comply with the new obligation? Although we might not have another general election for perhaps five years, there will be local government elections in England in May 2018 and my fervent hope is that all HE institutions will have a system in place by then.

I reiterate my thanks and look forward to working with the next Government to ensure that the maximum number of students register to vote so that not only their voices are heard but their views are expressed in the ballot box, thus enabling them to exert maximum influence, as they should, in the democratic life of this country.

As I will not speak again on this Bill, I wish to say that I too think the way in which all Benches have co-operated and collaborated on it has been extraordinary and very welcome. To be partisan for a moment, great thanks go to my noble friend Lord Stevenson and the support he has received from Molly Critchley. I understand that my noble friend is shortly to step down from the Front Bench. He has done the most superb job, not just for the Labour Benches but for the House as a whole, and I look forward to working with him on the Back Benches.

[Baroness Garden of Frognal]

Having been a staunch supporter of the amendment from the noble Baroness, Lady Royall, and indeed of trying to engage young people in the importance of voting in elections—I think this is a valuable step in enabling them to get involved at university level—I am grateful for the amendment that has come in from the Government. As we are trying to involve young people in voting, would it not be wonderful if we could now think of lowering the voting age to 16 to enable more of them to do so?

[Lord Mackay of Clashfern (Con)]

My Lords, the amendment in this Motion regarding the appeals system is greatly improved, as my noble and learned friend Lord Judge has said. I am delighted that this has happened because it is of vital importance in relation to the very serious matters that the Office for Students has the power to deal with. I thank the Ministers who have been involved. I include in this particular thanks to my noble friend Lord Young of Cookham, for reasons that I shall explain in a moment, and the Minister in the Commons for the very kind way in which various reactions of mine to this extremely important Bill have been handled.

I want to mention a particular matter that does not arise especially under this Motion but, from my point of view, is rather important. When the noble Baroness, Lady Brown, raised the issue of the new power to search the headquarters of higher education providers, she indicated that it was something that the higher education providers anticipated with a degree of apprehension. In response to that, my noble friend Lord Younger of Leckie read out from Schedule 5 the statutory requirements before such a warrant could be granted. I have listened to a lot of the Bill without particularly talking myself, but on that occasion it occurred to me that one of the assurances the academic community was entitled to get was that those restrictions, which are quite powerful and important, would definitely be the subject of consideration by the magistrate. I suggested that the magistrate should sign a document to that effect. I got a letter almost immediately, which is still on the website, to say that such a thing was unheard of.

It is 20 years since I handed over with confidence my responsibilities for this part of what is now the Ministry of Justice to my successor, the noble and learned Lord, Lord Irvine of Lairg, so it is a very long time since I dealt with this particular matter directly. Still, when I got that response, I thought, “Well, in that case the thing to do is to alter the words of the warrant to make it clear that the warrant’s signature carries that with it”. That was objected to for all sorts of reasons, as your Lordships may remember, and some of them were addressed by my noble friend Lord Young of Cookham on Report. I felt rather strongly about it, as he recognised, and he kindly said the Government would consider it further before Report, giving me an opportunity, which otherwise I would not have had, to raise the matter on Report.

I was still very insistent on this, because I could not see any objection to it. I am particularly obliged to the Minister in the Commons, Mr Johnson, for arranging at the last minute for me to have a chance to deal directly with the Ministry of Justice, from which the objections to my amendments were coming. That afternoon, I was able to meet the official in that part of the Ministry of Justice for which, as I said, long ago I had responsibility. He eventually told me that in fact, the procedure for dealing with warrants had now been altered by order of the Lord Chief Justice, particularly in criminal cases so that, at the end of the application for the warrant—strangely enough—there is a place for the magistrate to indicate whether he or she agrees that the warrant should be granted and, if so, what the reasons are for that decision. He said that he thought that this was probably general practice in relation to warrants in the magistrates’ court—because this is not a criminal warrant under the Bill. My noble friend Lord Younger of Leckie said that that was the position when the Motion was moved on Third Reading.

I therefore express my gratitude to the Minister and the Bill team from the Department for Education for their kind treatment of me in connection with this and other matters. It is important that where a Ministry other than that directly responsible for a Bill gives advice to block an amendment from someone who, after all, was thought of as a government supporter, it should be blocked in a way that depends on Ministers’ expertise. With respect to Mr Johnson’s great variety of eminence, he would not be particularly interested in the magistrates’ courts procedure for warrants, so it is really nothing to do with him. Similarly, for my noble friends Lord Young of Cookham and Lord Younger of Leckie, it is a damaging way of damaging your colleagues without much apparent responsibility. I therefore qualify my thanks for the work that has been done behind the scenes here, modified by that matter, for which the Ministers responsible for the Bill have the right for me to make it clear that it was nothing to do with them; it was from a source for which they have only the responsibility of being in the one Government.

--- Later in debate ---

[Lord Cormack (Con)]

My Lords, I will not attempt to emulate the noble Lord, Lord Bilimoria, by making a Fourth Reading speech, but I will make a couple of brief points. I strongly supported the noble Lord, Lord Hannay, when he introduced his amendment and have spoken many times on this subject in your Lordships’ House. I deeply regret that the Government have not felt able to accept the amendment and commend it to the other place. I echo everything that has been said about the understanding and capacity for listening both of my noble friend Lord Younger, the Minister in your Lordships’ House, and of Mr Jo Johnson, but it is a pity that an opportunity has been lost. I am sure that we will return to this subject, as the noble Lord, Lord Hannay, said, possibly in a future immigration Bill.

Although I welcome what the Minister said today and what is in the Commons amendment before us, it does not go far enough. There will be real interest in how the Government are able to produce good statistics. It is 35 years ago almost to the day when a famous BBC reporter in the Falklands said, “I counted them all out, and I counted them all back”. We must start doing that with students, and indeed with all immigrants. However, we must not do anything that damages our reputation—however gently—as a place where students at undergraduate and postgraduate level from all over the world can feel welcome. The more we can do to achieve that welcome the better, and we must do everything we possibly can to make sure that there are no implicit deterrents. I am sorry that after a very good morning where the Government have made some very real concessions, for which we are all extremely grateful, the concession on this particular subject is not as great as it should be. I hope my noble friend on the Front Bench will take note of that and that we will come back before too long with a reinforced Government Front Bench and a new determination to accept the logic of the Hannay amendment.

[Baroness Garden of Frognal]

My Lords, from these Benches we strongly support the amendment of the noble Lord, Lord Hannay, and endorse everything that the noble Lord, Lord Cormack, just said. The noble Lord, Lord Willetts, reminded us of the heady days of coalition when I was his opposite number in this House. I remember the debates that went on between the Secretary of State for BIS and the Home Secretary on this topic: the noble Lord could never get any movement on seeing the illogicality.

What baffles many of us is that the Government reiterate that there is no cap on genuine international students, but then they say, “But we will count them as migrants and we are determined to reduce the number of migrants”. It is incomprehensible that the Government cannot see how very unwelcoming it is to put those things together in sequence. We find it completely baffling that we are not getting any movement on this. We recognise that this issue is probably outside the departmental brief of the Minister, but I echo what has been said already: we hope that very soon there will be movement on this. Of course, the noble Lord, Lord Bilimoria, always speaks with great passion and eloquence on this topic, backed with evidence and facts.

This is probably the last time that I shall speak on the Bill, so I reiterate the very sincere thanks to the Minister, the noble Viscount, Lord Younger, and Minister Jo Johnson, to the Bill team and to other colleagues who have been so helpful to us on what has turned out to be a very long and drawn-out discussion on the Bill. The amendments that have come through today have already improved it again. As I said before, it would obviously have been lovely if all our amendments had been accepted, but we recognise that we have actually done a very good job in making this Bill a whole lot better than it was before.

I echo the thanks to the noble Lord, Lord Stevenson, who led a collaboration of the engaged on these issues, made up of Members from these Benches, his Benches, the Cross Benches and occasionally some noble Lords on the Conservative Benches, to try to ensure that we could get the very best possible out of this Bill. I also thank my noble friend Lord Storey, who has been a tower of strength throughout. We have made this Bill much better than when it reached us and I am grateful to the Minister for helping that to happen.

[Lord Mackay of Clashfern]

My Lords, in relation to what the noble Lord, Lord Bilimoria, said about the Prime Minister’s remarks on calling the election, I am relying only on my memory but I do not think that she said “the unelected House of Lords”. She referred to unelected Lords who had made it clear that everything they could do to stop Brexit would be done—it was something like that. I do not think that she was referring to the House of Lords as a whole, because apart from anything else it would not fit the description.

I also support what my noble friend Lord Willetts said. He knows much more about the atmosphere in Whitehall now than I do, and he said he hoped that the research promoted in this might well have a good effect in that direction.

Finally, I agree with what has been said about the noble Lord, Lord Stevenson of Balmacara. I hope that he will enjoy the freedom of not being on the Front Bench. I want to thank all his colleagues on the Front Bench and those on the Front Bench of the liberal party and on the Cross Benches for their help with some of my efforts. I have enjoyed their co-operation and for that I am very grateful.