Higher Education and Research Bill

Debate between Ben Howlett and Gordon Marsden

Wednesday 26th April 2017 Commons Chamber

[Gordon Marsden]

I absolutely agree. My hon. Friend makes a further point about the Government’s still having a long way to go in understanding and realising what that international sector is all about. That is why it is so disappointing that the Minister will not go further—in fact, the truth is that he cannot go further. He and his colleagues have been sat on from a great height by No. 10 and by the Home Office. That is the reality. The Tory party and its members are split down the middle on this issue. It is an unedifying shambles that the hon. Member for Southport (John Pugh), who is retiring, presciently commented on in The Times today. It is a shambles that Labour, in government, would have no part in.

During this election campaign, we will continue to press for the removal of students from net migration statistics for public policy purposes, and although I genuinely welcome the new designated body that the Minister has talked about, the truth is exactly as the hon. Member for Bedford said: it leaves the Minister without a visible means of support in delivering the objective that he will no doubt fervently wish could be delivered under that process.

The problems and weaknesses of the Bill have been substantial, not least as regards the wilful obtuseness of the Government to do anything to make a pre-Brexit Bill—conceived when the Minister and the Government at the time assumed that Brexit would fall—fit for a post-Brexit world. They could have put it out to pre-legislative scrutiny, but they did not. They could have paused it. That was quite rightly argued for by the University and College Union, the Council for the Defence of British Universities and others, including distinguished figures across the sector and in this House, not least the Chair of the Business, Energy and Industrial Strategy Committee, my hon. Friend the Member for Hartlepool (Mr Wright)—but they did not.

It has been left to us—by us, I mean not just the Labour party, but the other opposition parties in this House and in the House of Lords—to make the arguments in this place. A concerted effort has been made by cross-Benchers, Lib Dem peers, the noble Lord Hannay and the small but important group of Conservative peers, including Lord Patten, who have wrinkled their noses at, and fought ferociously against, the technocratic complexities and central dictation in the Bill. Those things risk blunting the creativity and dynamism of our HE sector, whether delivered at an old university such as Oxford or Cambridge, at the many dynamic new universities which MillionPlus celebrated at its 25th anniversary last night, or in the further education sector. I pay tribute to the Government for extending HE awarding powers to the FE sector, not least because my college, Blackpool Fylde College, will be one of the first to benefit.

The Americans have a saying that goes something like, “When you get lemons, you have to try to make lemonade,” and that is what we have all tried to do. We have tried to make a flawed Bill better fit for purpose, and to help, not hinder, the dynamism that I have talked about. We have had a decent thrash at it; without that decent thrash and the work of the House of Lords, I think it would have been a very poor Bill indeed.

[Ben Howlett]

You will be pleased to know, Madam Deputy Speaker, that my remarks in this debate will be short. I think all hon. Members have something else to do right now.

I have championed universities for the last six years, and I have debated with many different Members from across the House. In the last two years, it has been a great privilege to be vice-chair of the all-party group on students, together with my friend the hon. Member for Sheffield Central (Paul Blomfield). I wish him every success, and I hope to be able to join him in continuing to represent students in Parliament after 8 June. I have 23,000 students in my constituency, spread across two universities: Bath Spa University and the University of Bath. Both universities have a large complement of international students, who are absolutely vital. We have had debates in this place for years about how much they contribute to our local and national economies.

I am pleased that the Bill has been introduced. The student community and the higher education sector as a whole have called for such legislation since 2011, when Lord Willetts introduced new law in this area, and I hope that this Bill will receive Royal Assent later today. I pay tribute to my hon. Friend the Minister for all his work on the Bill. He has been a great champion of the higher education sector and international students, and the Bill is testament to all his work.

I turn quickly to Lords amendment 156 and Government amendments (a), (b) and (c) in lieu. As has been said, it is incredibly welcome that the Minister and the Department for Education have listened to a campaign group of MPs and placed on the Higher Education Statistics Agency, or the designated body, a duty to report on the number of international students. That makes a massive difference, and it represents a significant change in the Government’s tone. I thank the Minister for listening to us and delivering that amendment.

I want to give a bit of a shout-out to Members who have made a big contribution to the campaign, particularly my hon. Friends the Members for Twickenham (Dr Mathias), for Eastbourne (Caroline Ansell), for Portsmouth South (Mrs Drummond), for Cheadle (Mary Robinson) and for Bedford (Richard Fuller), and my right hon. Friends the Members for Loughborough (Nicky Morgan) and for Broxtowe (Anna Soubry). They are great champions for their student communities and for international students. I pay tribute to Opposition colleagues who have also championed that case.

I am delighted that the Department for Education has produced the amendment. If the outcome of the election on 8 June is favourable, I guarantee not only to the Government but to my constituents that I will continue—in collaboration with Universities UK, the Russell Group and MillionPlus—to make the case for taking international students out of the overall immigration figures. It is very peculiar that they are still included. If I am around after 8 June, as I hope to be, I will make such representations along with colleagues. I hope that they will all be re-elected, too, so that we can make this final carve-out in the interests of my constituents, students, international students and the UK’s reputation overseas. I wish everybody a huge amount of luck in the forthcoming general election.

Higher Education and Research Bill (Ninth sitting)

Debate between Ben Howlett and Gordon Marsden

Committee Debate: 9th sitting: House of Commons
Tuesday 11th October 2016 Public Bill Committees

[Ben Howlett (Bath) (Con)]

The hon. Gentleman is keen on quoting certain people, so let me quote someone who is an expert on quality assurance and see what he thinks. The chief executive of the Quality Assurance Agency for Higher Education, who I consider to be an expert in the area, has said:

“The government has struck a balance between encouraging competition and rigorous protection of UK higher education’s world-class reputation”.

There is clear evidence that the Bill produces high-quality, rigorous quality assurance. What I hear from the hon. Gentleman is completely contrary to what the experts say. Listen to the experts.

[Gordon Marsden]

The hon. Gentleman no doubt considers himself a bit of an expert, given his co-vice-chairmanship of the all-party group on students, which my hon. Friend the Member for Sheffield Central chairs. I hear what the gentleman from the QAA said. Of course, the QAA, as well as the Higher Education Funding Council for England and various other organisations, will be under the sword of Damocles over the next two to three years as the Bill goes through, so perhaps it is not surprising that there might be some circumspection about commenting on the situation. The fact of the matter is that no one knows. No one knows because the detailed basis on which the TEF will eventually be implemented is still not there. I will come on later to why the Government seem to be missing several tricks in not moving further down that road at the moment, but that is the case right now.

What we know is that the evidence is piling up about year-on-year tuition fee increases that are not based on merit. There might be arguments for increasing tuition fees, but the Government are setting out an automatic mechanism for a two-year period that will significantly and substantially increase fees with no impact assessments and no reference to the quality of the university degrees that are being graded, in a rather trivial PR fashion, as gold, silver and bronze. That is the reality, and the Minister cannot escape from it.

On some of the tuition fee issues and on how the Bill would set in stone that the fee increases will be linked to the TEF, allowing all the work to be done in the OFS away from the daily scrutiny of Parliament, documents such as “Does Cost Matter?”, produced by the National Education Opportunities Network, found that if fees increased, young people who were eligible for free school meals would be the most likely to reconsider going to university, followed by non-white young people.

We have a lot of evidence and a lot of suggestions that that sort of process will have a double-whammy effect. First, it will do nothing for the reputation of the universities in those two years. They will not be able to demonstrate their reputation over and above that which is already there because the metrics for the TEF in the two years are so crude. What it will do is empower them to increase their fees, and we know how various universities chose to interpret what the Minister did in the summer by increasing fees for current students, as well as for future students. That will be a serious and difficult issue.

I am sorry to tell the Chief Whip that I cannot name the next person I wish to quote because he wishes to write anonymously—[Laughter.] That is because he is a young academic who is too financially insecure to risk rocking the boat over the TEF structure. Not the Chief Whip—I promoted him—but the Government Whip will perhaps store his guffaws and allow me to quote from a piece about the TEF in The Guardian on 23 September.

“There was—at least in my mind—huge potential for the Tef to recognise the valuable job that teaching-intensive universities do, and encourage sound pedagogical practice… Rather than doing any of these things, the Tef will be based on three crude metrics: student retention and progression; the number of students in paid employment after graduation; and scores on selected items of the National Student Survey… Methodologically, the Tef is flawed. For instance, students’ assessments of individual teachers show persistent gender bias, and the item on assessment and feedback hardly ever changes, whatever the context. It’s also flawed conceptually: ‘satisfaction’ is not the same as ‘learning’, as any psychology text will tell you.”

That was something the hon. Member for Cannock Chase’s colleague amusingly commented on earlier. The writer continues:

“The Tef isn’t concerned with the art and practice of teaching. It does not set out to capture and promote those practices… I don’t believe that universities have to resign themselves to the Tef structure… But I can’t speak out: as a young academic, I’m far too financially insecure to risk rocking the boat.”

Let me quote somebody who is prepared and able to put her head above the parapet: a senior professor of psychology at Oxford, Dorothy Bishop.

“The report shows that while the costs of TEF to the higher education sector…are estimated at £20 million, the direct benefits will come to £1,146 million, giving a net benefit of £1,126 million.”

She shows clearly that crucial data from statistical modelling show that the

“TEF generates money for institutions that get a good rating because it allows them to increase tuition fees in line with inflation. Institutions that don’t participate in the TEF or those that fail to get a good enough rating will not be able to exceed the current £9,000 a year fee, and so in real terms their income will decline over time.”

Higher Education and Research Bill (Seventh sitting)

Debate between Ben Howlett and Gordon Marsden

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

[Gordon Marsden]

That is clutching at straws, but I stand by what I said in 2001. If the Minister will permit a mild compliment, I compliment the Government on grasping the nettle of increasing the way in which teaching, as a principle, is judged in relation to research. Many Labour Members have been banging on about that for years.

The Minister wants to go into history. When I was on the Education Committee in the 2000s, we questioned the then Labour Government vigorously about the research assessment exercise changes, and many of us on that Committee made the point that teaching excellence needs to be recognised and funded. There is no argument about us being in support of placing greater emphasis on teaching excellence. The argument is about whether we can save the Government from the consequences of their own folly. If the Government are not careful, they will taint the whole exercise through the cynical way in which they are using this simply as a coupon—I repeat the reference. That is precisely why a number of higher education institutions, including the University of Cambridge, have said that, and it is precisely why a number of Russell Group vice-chancellors—we will come on to this in clause 25—have shown themselves very lukewarm and sceptical about signing up to the TEF in the first place.

[Ben Howlett (Bath) (Con)]

It sounds as though the hon. Gentleman is listening to other evidence than what we heard. He talks about evidence from the vice-chancellors, so let me quote one of the vice-chancellors who has given evidence. Ed Peck of Nottingham Trent University says:

“Linking increases in student fees to performance under the TEF is a further safeguard for students, one that has now been largely accepted by the sector.”

Is the hon. Gentleman calling the vice-chancellor of Nottingham Trent University cynical?

[Gordon Marsden]

No, I am not calling any of the vice-chancellors cynical. Obviously they will welcome any mechanism that will bring forth additional fee funding. The people I am calling cynical—is cynical an appropriate parliamentary expression, Mr Hanson? I mean no disrespect.

Higher Education and Research Bill (Fourth sitting)

Debate between Ben Howlett and Gordon Marsden

Committee Debate: 4th sitting: House of Commons
Thursday 8th September 2016 Public Bill Committees

[Ben Howlett]

Does the hon. Gentleman realise that this already exists? My hon. Friend the Member for Bury St Edmunds and I have just sat on the pre-appointment process for the selection of the Equality and Human Rights Commission chairman. Select Committees already do this, and legislation is not necessarily needed to implement it.

[Mr Marsden]

The hon. Gentleman refers to another welcome precedent. Yes, Select Committees sometimes have this power but the devil is in the detail. I am reminded of what President Reagan said: in these matters one should “trust, but verify”. There have been discussions in the past about the powers of Select Committees. This is a new proposal, and it is a probing amendment, but it would do no harm if the Minister were prepared to say today that this is a part of the process that he would welcome.

Higher Education and Research Bill (Second sitting)

Debate between Ben Howlett and Gordon Marsden

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

[Mr Marsden]

Q Thank you, Sir Edward. Moving on from the consumer issue, I want to ask about where the panel sees the role of skills in the Bill. Mr Carberry, you have waxed lyrical on this issue on a number of occasions, but the fact of the matter is that the skills issues that affect us are, I would suggest, relatively untouched in the Bill. Are you concerned by that? Do other people have concerns?

Neil Carberry: You are right to raise it. Clearly, we live in different times from the last time we regulated universities. Participation at higher levels is much higher, and necessarily much higher now. Our key concern regarding skills is, first, making sure that the diversity of our university base is protected through things like the teaching excellence framework, and what it recognises as good provision. To ensure that diversity of provision is encouraged, we would very much like to see more focus on a statutory basis for the promotion of part-time learning, which is something we need to be thinking about, as most of the people who will be in the labour market in 2030 are in the labour market now. Broadly, the approach of the Bill is one that we support.

I will put one other thing on the table, which is around research and engagement with business on the research side. A lot of focus goes into things like the higher education innovation fund and knowledge transfer, which helps businesses to develop their skills and production. We would like to see more focus on knowledge exchange and protection for the Innovate UK role so that that remains business focused and we get some really genuine business engagement out of the new system.

[Ben Howlett (Bath) (Con)]

Q I want to move on to the alternative provider of student finance, which some of the panel have talked about heavily. Given that, over the years, a large number of religious students are not necessarily able to access that funding, I was wondering in terms of the Bill itself whether you support what is being detailed and outlined here, or is there anything that should be enhanced or improved?

Martin Lewis: Certainly on sharia finance, I think it is a very good move towards having an alternative. The provisions need to make sure that there is no benefit or disbenefit in doing so, and that it works on the same basis as for other students. I think that is important, because having been out there talking to people, there is often a question from non-sharia students, “Does this mean that they’re getting a better deal than us?” We do not want to get involved in that type of social division. On a straight basis, certainly having given many, many talks on this issue over the years, every time I go there and there are members of the Islamic faith there, if they are more religious they are disengaged from the student finance process and looking at parents funding them. That is not often possible, because we are talking about large amounts of money and, generally, it is bad finance for anyone to be funding up front—it does not work with the way our system works. Therefore, they are disfranchised from the system, so I wholeheartedly support it—it is something I have asked for in the past. I need to do more work on the exact structure, but presuming it is a sharia-compliant mimic of the existing system, I think it is very good news.

--- Later in debate ---

[Mr Marsden]

Q What if they go bust?

Professor Les Ebdon: The interests of those students must be protected. If they have paid their fees, they need to be protected. I would always hope that the sector would be able to come up with something on that, but I assume that the regulations underpinning the Bill will ensure that they are protected. I would certainly think it a national scandal if students had invested their money—aided and abetted, as it were, by the state, through the Student Loans Company—and not received the education for which they had paid.

[Ben Howlett]

Q Going back to some of the points raised earlier by Professor Ebdon in relation to the independence of OFFA, how does the Bill deliver true independence and actually enhance independence?

Professor Les Ebdon: I am not arguing for independence in the sense that we have independence now. I quite value the coherence that bringing the Office for Fair Access activity into the office for students brings. I am concerned about the authority of the director for access and participation. Based on my experience, you need to have the authority to sign off or not to sign off on an access agreement and for that to be untrammelled, other than the usual opportunity to appeal against a totally unreasonable decision. That does not guarantee it.

I also think that it is important, if you are going to get a high-profile director for access and participation, that that authority is enshrined. The responsibility lies with the director. One of the reasons I can be successful is that I am a former vice-chancellor. I know most of the tricks; in fact, I invented one or two. Therefore, that gives me greater authority in dealing with universities. That is my concern.