Higher Education and Research Bill

Carol Monaghan Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 21st November 2016 Commons Chamber

[Paul Blomfield]

The hon. Gentleman makes an important point. It is not just the recruitment of students but the brand strength of UK universities, which is extraordinarily high, that is put at risk by the measure.

Last week in Westminster Hall I sought assurances from the Immigration Minister as to whether it is the Home Office’s intention to use the teaching excellence framework measurement of quality as a basis for its visa regime in an attempt to cut down the number of international students. I got no reassurance. I gave the Minister a couple of opportunities to say that the Government did not intend to use the TEF for that purpose and he failed to do so.

The amendment says that until we are clear about the Government’s intention in relation to differentiation by gold, silver and bronze grading, and following a proper economic impact assessment of what that might mean for our universities, we should not seek to differentiate the teaching excellence framework in this way and we should simply have meeting expectations or not meeting expectations ratings. I accept that it is not the Minister’s intention to damage our universities by the introduction of this differentiation, but it could be the unintended consequence of the actions of the Home Office, so we need reassurance on the issue.

As we have heard, these are challenging times for our country. Charting our post-Brexit place in the world will be a big job. We need to win friends, not alienate them. The prime ministerial trade mission to India recently demonstrated that many of those friends will put access to our universities at the heart of any discussion of our future relationship, even on the issue of trade. We will not be able to separate those. We cannot afford to put the sector and the export earnings that we get from international students at risk in this way. I therefore ask the Minister to think again.

[Carol Monaghan (Glasgow North West) (SNP)]

I rise to speak to new clause 14 on post-study work visa evaluation, and I reserve the right to push it to a vote, if required.

The SNP continues to press for the reintroduction of the post-study work visa. The new clause would ensure we had an evaluation of how the absence of this key visa has affected the UK economy and how a new visa may be implemented.

As we have heard, the post-study work visa is an important lever for attracting the best international student talent. There is consensus in Scotland among business, education and every political party represented at Holyrood that we need a return of the post-study route to allow these talented students to remain and to contribute to the Scottish economy.

The outcome of the EU referendum makes it even more important that the UK Government honours the recommendation in the Smith report to explore a potential post-study work route to ensure that Scotland continues to attract and retain talent from around the world. The longer we wait for the Government to move on this, the more damage is being done socially and economically.

The current post-study work offer is not adequate for Scotland. We have offered to discuss the reasons behind that with UK Ministers and Home Office officials, but, disappointingly, UK Ministers appear to rule out a return of the post-study work visa— without meeting Scottish Ministers or the cross-party steering group that has been set up at Holyrood.

The current immigration policy poses a significant risk to Scottish universities. Data published in January show that Scotland saw a 2% increase in international entrants in the academic year 2014-15, compared with the previous year. On the face of it, that may appear positive, but by comparison, from 2013-14 to 2014-15 the number of international students entering higher education in the United States increased by 10%. Rather than being able to take advantage of this growth sector and use it to create economic growth locally, our numbers are expected to remain stagnant, which is simply not good enough.

The Home Office released details of a low-risk tier 4 pilot in July this year, which was—maybe “welcomed” is not the correct word—viewed with some interest. However, we are troubled that it was introduced without any consultation with the Scottish Government, Scottish institutions or, indeed, institutions from across the UK. Universities Scotland said:

“we’re disappointed that the opportunity of the pilot has been framed so narrowly to only four universities none of which are in Scotland. We’d argue that a broader pilot, involving a wider group of institutions, would have provided more meaningful lessons from which to build.”

[Mark Field]

The hon. Lady has made a strong case for why she feels post-study work visas should be reintroduced. Does she accept that one of the main reasons for a clampdown by the UK Government is that a number of people come in on these visas and then simply go to ground, and they cannot be removed from this country even though they are here only on a student visa? In making the case that these visas should be reintroduced, will she tell us a little about the further obligations she thinks should be on the universities granting them? They surely cannot simply get students in, take the money and then wash their hands of any responsibility.

[Carol Monaghan]

Certain rogue institutions—particularly private FE colleges—have in the past not complied with visa regulations, but there is little evidence that the HE institutions in the scope of this Bill have any record of non-compliance, so I do not accept the points the right hon. Gentleman makes.

[Roger Mullin]

In last week’s Westminster Hall debate, I specifically challenged the Home Office Minister to name any institutions in Scotland that could be said to fall into the behavioural category the right hon. Member for Cities of London and Westminster (Mark Field) suggested, and he said he could not name one.

[Carol Monaghan]

The 19 higher education institutes in Scotland have a strong record in attracting international students and a strong record of compliance, so I agree 100% with my hon. Friend.

[Mr Jim Cunningham]

The Scottish Affairs Committee has been looking at some of the issues that the hon. Lady has mentioned, and we found evidence that the Government need to look at the situation in Scotland differently from that in the rest of the country. Scotland has a declining population, so we have to find an anchor to keep the talent in Scotland to develop the Scottish economy.

[Carol Monaghan]

I thank the hon. Gentleman for his intervention. It is well documented that in Scotland our issue is emigration, not immigration, so this is a key lever for allowing us to trigger economic growth in Scotland and something that would make a massive difference to our local economy.

[Mark Field]

Will the hon. Lady give way?

[Carol Monaghan]

No—I have given way enough for the moment.

Last month, Professor Timothy O’Shea, the principal of Edinburgh University, addressed the Scottish Affairs Committee and warned that future restrictions on free movement would have a damaging impact on the sector. He said:

“Yesterday the Prime Minister said helpfully that perhaps a special relationship might be necessary for workers in the City, for the car industry. But God help me if the City and the car industry deserve a special deal, then the universities...they are more dependent on the mobility of highly skilled labour than any other sector.”

As we move towards Brexit, we have the potential for a much wider pool of international students who may wish to come to study in our universities, and we need to think very seriously about the visa solution for that. For example, there is the situation of Ireland. Under the Ireland Act 1949, Ireland is stated not to be a foreign country. What special arrangements will be in place for Irish students who want to come and study in our institutions?

I want briefly to discuss the amendments tabled by the hon. Members for Blackpool South (Gordon Marsden), for Ashton-under-Lyne (Angela Rayner) and for Sheffield Central (Paul Blomfield) that deal with their concerns about the proposed metrics in the teaching excellence framework. There was much discussion in Committee about this. As the hon. Member for Sheffield Central said, there is concern that the metrics being used give no indication of the quality of teaching. In Committee we mentioned the Scottish enhancement-led approach, which is a far more thorough and possibly better method of determining quality. Apparently, however, the metrics proposed by the Government are being pushed ahead with. We are happy to support the amendments tabled by Labour Members.

Amendment 51 would require automatic voter registration in universities. That looks like an extremely innovative idea—and for once, I have to admit, it has not come from Scotland. Perhaps we can start to consider it in Scotland.

We are short of time and there are later amendments that my hon. Friends are keen to press, so I conclude by saying that we will support the amendments I have mentioned and that I hope we can have some movement on new clause 14.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

I want to speak to new clause 16, which draws on some of the points that my hon. Friend the Member for Sheffield Central (Paul Blomfield) made in relation to amendment 49. In essence, the new clause seeks to remove students from the net migration figures. It would be interesting to hear from the Minister whether the Government have that on their agenda.

I also want to comment on how damaging it would be for the university sector if the number of international students that can be recruited in any one institution is related to the traffic light system in the TEF.

As we know, international students are important not only to higher education but to our economy. The contribution of international students to UK GDP is almost certainly in excess of £10 billion, and they support about 170,000 full-time equivalent jobs. Many of the students go on to do postgraduate work, and they are involved with and drive forward world-leading research and innovation in this country. They are therefore very much to be commended and supported.

While international students are in this country, they not only get to know the UK but develop an affinity with it. They develop links with staff, and they contribute massively to soft diplomacy, as we have already heard. It cannot be overemphasised that they improve Britain’s standing in the world, so it is very important that the Government do not put the recruitment of international students at risk. Once they are in this country, such students also enrich our society and contribute to its diversity. I know that from my Durham constituency, where international students very much add to the whole cultural experience of the local population.

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[Joseph Johnson]

If the hon. Gentleman reads the Home Secretary’s speech carefully, he will see that she did mention compliance. She mentioned compliance and quality. High-quality institutions are compliant institutions; they are one and the same.

[Carol Monaghan]

High-quality institutions could offer poor-quality courses, just as institutions with a bronze rating could offer extremely high-quality courses. How is the distinction going to be made?

[Joseph Johnson]

I urge the hon. Lady to wait for the consultation document. She will be able to assess the Government’s proposals in due course when the Home Office is ready to publish them.

Amendments 46 and 47 would require greater parliamentary scrutiny of the TEF, but I do not believe that the content of the amendments is either necessary or proportionate. As I have said, the development of the TEF has been, and will continue to be, an iterative process—as the research excellence framework was before it. Requiring Parliament to agree each and every change to the framework would stifle its healthy development. The REF scheme is not subject to that level of oversight by Parliament, and nor should it be.

Hon. Members have talked about the “gold”, “silver” and “bronze” descriptors as though they were new inventions from this Government. They are in fact familiar to the sector through their use in other areas. Such terminology is already used, for example, in the Athena SWAN awards and by Investors in People in many universities. In every case, bronze is still recognised as a high-quality award, while gold is reserved for the highest quality.

Amendment 49 would not add any value to the TEF framework that we have developed. Changing the TEF ratings would fundamentally undermine the purpose of the TEF by preventing students from being able to determine which providers were offering the best teaching and achieving the best outcomes. It would simply allow for a pass/fail assessment. The teaching excellence framework assesses excellence over and above a baseline assessment of quality, and our proposed descriptors will allow students, parents, schools and employers to distinguish clearly between providers. We have consulted on the proposed metrics and considered the evidence, and we still feel that these metrics represent the best measurements for assessing teaching. They are widely used across the sector.

Turning to amendment 50, we have consulted extensively on the metrics, as I have said, and made significant improvements. Setting out the requirement to consult in legislation would be unnecessarily burdensome. We have taken, and will continue to take, a reasoned approach to the metrics. Given the co-regulatory approach I have described, we would expect the OFS to take a similar approach.

I shall now address the points made on degree-awarding powers and university title. Let me be clear that only those providers that can prove they can meet the high standards associated with the values and reputation of the English HE system can obtain degree awarding powers. If a higher education provider can demonstrate their ability to deliver high-quality provision, we want to make it easier for them to start awarding their own degrees, rather than needing to have the degrees for their courses awarded by a competing incumbent. Maddalaine Ansell, the chief executive of the University Alliance, has said:

“These plans strike a healthy balance between protecting the quality and global reputation of our country’s universities, whilst also encouraging innovation.”

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[John Pugh]

It might be helpful if I refreshed hon. Members’ memories about what new clause 11 contains, so that we know what we are talking about. It states:

“Within six months of section 84 of this Act coming into force, and every year thereafter, UKRI shall report to the Secretary of State on—

(a) EU (excluding from the UK), and

(b) non-EU

specialist employees employed by UKRI and English higher education providers.”

It contains the critical subsection (3), which states:

“Should any report made under subsection (1) identify a decrease in the number of international specialist employees since the previous report was produced, the Secretary of State must make an assessment of the impact of such a reduction on UKRI’s ability to deliver its functions under section 86 of this Act.”

We all accept that universities have major anxiety about research funding post Brexit, simply because while we are in the EU there is a huge net benefit to the UK, in cash and personnel terms—in all terms—in key subjects such as science and medicine in particular. The Government are doing their best to pour oil on troubled waters with various reassuring mantras. They say that there is no change yet—well, we know that—and that there will be vigilance about what the EU is up to so that it does not cut us out of projects we ought to be involved in; there are vague promises of future largesse, with hopes of continuity, and statements that there are always prospects beyond the EU.

Sadly, none of that is working particularly well. Anxiety in the university sector is as emphatic as it was to begin with. We are not simply talking about money; we are talking about people. That is what new clause 11 is principally about. In some universities the number of foreign nationals working as lecturers and specialist employees is as high as 30%. That contrasts markedly with French universities and many other continental universities. It is a feature of the British university scene that makes it very different and very desirable.

Recognising that universities were worried about this issue, we asked vice-chancellors through a survey exactly what their views were and how concerned they were. I am happy to share the full results of that survey with any Member who expresses an interest. One question we asked was:

“Are you worried that the uncertainty regarding research grants and the future of EU academics could have a negative impact on standards at UK universities?”

Some 73% said yes. We also asked:

“Do you agree that it is necessary to maintain freedom of movement between the UK and the EU to protect research funding, the right to reside and work of EU academic staff and the right of all UK and EU students to study anywhere in the EU?”

It was a slightly inelegant question, but Members get the gist. The answer was that 83% said that yes, freedom of movement was crucial.

In the process of conducting the survey, I got a phone call from a vice-chancellor who spoke with a more anecdotal and personal view about his own university. He told me of the difficulties academics were currently facing in planning their future, thinking ahead, considering what they would do about their families—young academics, in particular—and wondering where their future lay. Like a lot of people planning their lives, they wanted a bit of certainty and security. Towards the end of the conversation he made what I thought was a very shocking confession. I had conducted the conversation on the assumption—my assumption, from his impeccable English —that he himself was English. I have probably given the game away, but it turned out that he was Belgian, and shared all the concerns that he was voicing on behalf of his colleagues.

This is a personal issue for a lot of valuable and skilled people, some of whom are already facing, unbelievable though this is, an increase in prejudice and, sadly, something that amounts at times to hate crime on their university campuses. If those skilled contributors go, some courses simply will not happen, because we need those people—that is why we got them in the first place—and some will worsen; university life will itself worsen.

The Minister is a very civilised man, who I am sure wants a diverse university sector and wants the best of EU talent to stay here, and to continue to come here. He would not welcome an exodus. He speaks fluent French, so has a true continental mindset, although it may not be encouraging to describe him as having that at this stage in the Government’s deliberations. I am sure he would welcome an early warning of any kind of exodus, and any kind of problem with or diminution of the involvement of international lecturers in our universities. The new clause would simply give him that.

[Carol Monaghan]

I will speak to amendments 55 and 56. I will start with amendment 56, which is in my name and that of my hon. Friend the Member for Kirkcaldy and Cowdenbeath (Roger Mullin).

The proposals in the Bill to reform the UK research councils have implications for higher education in Scotland, and we have concerns about the potential consequences for Scotland’s research base. The SNP tabled an amendment in Committee that sought to ensure representation on the UKRI board of people with relevant experience of the Scottish, Welsh and Northern Ireland higher education sectors, as well as an understanding of the research and innovation policy context and landscape across the whole of the UK. We withdrew the amendment but reserved the right to bring it back on Report. That is what we are doing now.

We are pleased that the Government listened to the Scottish National party’s concerns in Committee and have tabled their own measure on this issue, Government amendment 36. However, although we welcome their acknowledgement of the need for the board of UKRI to include experience of the devolved Administrations, it is disappointing to note that amendment 36 requires experience of only one of those Administrations. That does not allow for the proper consideration of all devolved Administrations and their policy priorities within UKRI.

UKRI must have an understanding of the whole UK research and innovation landscape and must act in the interests of all devolved Administrations. That is why we have tabled amendment 56. What we have in front of us in Government amendment 36 does not adequately address our concerns and those of stakeholders, including Universities Scotland, Universities Wales, Queen’s University Belfast, the Scottish Council for Development and Industry, NUS Scotland, the University and College Union Scotland and the Royal Society of Edinburgh. Our amendment is not partisan, but draws on a whole sector of university opinion throughout Scotland, Wales and Northern Ireland, and has the full support of the Scottish Government.

The UK Government said that they would introduce a Higher Education and Research Bill that included measures set out in Paul Nurse’s review of the research councils. Our amendment would ensure the Bill matched what Sir Paul Nurse noted in his review, that

“there is a need to solicit and respond to distinct research priorities and evidence requirements identified by the devolved administrations”.

The Bill as it stands does not meet the overarching principles of the Nurse review, as the governance of UK Research and Innovation is accountable only to the UK Government, with principally English interests. We believe that the governance of UKRI needs to reflect the priorities of each of the Governments within the UK; if it does not, there could be a lack of consideration of Government priorities and research needs in Scotland and other devolved nations among the decision-making bodies of the research councils and of Innovate UK.

[Hywel Williams]

I back the hon. Lady’s points, and note that Welsh universities have particular priorities when it comes to research, not least the very low level of funding that they get, which is probably around 2%—a figure that contrasts with the fact that we are 5% of the UK population. Irrespective of the Haldane principle, that is a specific concern in Wales.

[Carol Monaghan]

I thank the hon. Gentleman for that point. Scotland does very well out of the research councils, because there is a large research body in Scotland and the research environment is vibrant across our 19 higher education institutes.

We want the Secretary of State and the UK Government to consult Scottish Ministers and their equivalents in the other devolved Administrations before approving UKRI’s research and innovation strategy. How else can we be certain that the new body set up in the Bill will be used in the best interests of the whole of the UK and is not simply focused on English-only priorities?

The Scottish National party is proud of our HE sector and acknowledges that it is valuable to ensure Scotland’s cultural, social and economic sectors prosper. It is worth over £6 billion to our economy, and we must ensure that this continues. The Bill has the potential to harm Scotland’s world-renowned research. The Minister and this Government need to ensure that devolved Administrations have an equal say and that their voice is heard within UKRI to ensure that the Bill will be of no detriment to any part of the UK.

Amendment 55 deals with funding. The integrity of the dual support financial system must be protected, and the Bill does not go far enough to do that. We need to be sure that the balanced funding principle is clearly defined in the Bill to ensure that the integrity of the financial system set up within cross-border higher education sectors continues. Any flow of funds between reserved and devolved budgets needs to be clearly defined, and the Bill does not address how the balance of funding allocated through competitive funding streams will be supported. There is a serious worry that Research England funding could be taken from the UK-wide pot, of which Scotland’s and other devolved Administrations’ HE institutes rightly receive a share. If that pot were to diminish, it would be to the detriment of the Scottish HE sector and, indeed, those of Wales and Northern Ireland.

We are already seeing uncertainty about funding for our HE sector, thanks to the reckless gamble over Brexit. Is it right now that we should deprive our HE institutes by taking UK funding away from them, too? Many stakeholders in Scotland are concerned about the potential hazard that will be placed in their way because of the funding structure. Amendment 55 would ensure separate funding allocations for the research councils, Innovate UK and Research England.

Although Scotland performs well, as I have already mentioned, in attracting funding from Research Councils UK for grants, studentships and fellowships, Scotland does less well in infrastructure spending for research and currently only attracts 5% of UK spending. As with many things, a lot of this spending is concentrated on the south-east of England, and we want UKRI to have a full overview of research infrastructure across the UK.

We are very concerned that that clause 94 will allow the Secretary of State to alter the balance of funding between the research councils. Any grant to UKRI is ultimately research project funding, which should be competitively available throughout the UK. It is therefore necessary to have transparency about what goes to UKRI and what goes to Research England, given that that body will distribute funds for research infrastructure that is available only to English institutions.

We are extremely concerned that no provision in the Bill will ensure that the Secretary of State cannot give directions to UKRI to move funds in-year on its own initiative between constituent parts. If, for whatever reason, funds had to be moved by the Secretary of State between research councils and Research England or Innovate UK, this must happen only if the Scottish Government and other devolved Administrations give consent.

This SNP amendment would ensure that fairness and transparency are at the forefront of reserved funding allocation to UKRI and the allocation to Research England, while ensuring that the balanced funding principle is measured in relation to the proportion of funding allocated by the Secretary of State for reserved and for devolved England-only funding and providing clarity about when that might not be achieved.

[Joseph Johnson]

I thank honourable colleagues for their enthusiastic support for our world-class research and innovation system. UKRI will be a strong and unified voice, championing research and innovation nationally and internationally. It will support fundamental and strategic research, drive forward multi and inter-disciplinary research, support business-led innovation and help to promote business links with publicly funded research.

UKRI will build on the great work already being undertaken by our research and innovation bodies and maximise the benefit to the UK of a Government investment of over £6 billion a year. That is why the Prime Minister this morning announced that, by the end of this Parliament, we will invest an additional £2 billion in research and development, including through a new industrial strategy challenge fund, led by Innovate UK, by our world-class research councils and, once established, by UKRI. This is clear testament to how UKRI can help to deliver greater outcomes for the research and innovation communities and for the whole UK.

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[Carol Monaghan]

Let me begin by associating myself with what was said by the Minister and the hon. Member for Blackpool South (Gordon Marsden) in thanking those who were involved in the preparation of the Bill, and all the stakeholders who have provided input for the Bill and supplied excellent briefings throughout its passage.

Despite the raciness of the Bill, we still have concerns about many aspects of it, some of which affect Scotland directly. Although Scottish higher education providers will not be bound to participate in the teaching excellence framework, it is feared that Scottish universities that do not participate will be disadvantaged when it comes to attracting international students, who are a crucial source of funding for all higher education institutions. That is compounded by the Government’s refusal to reinstate post-study work visas, despite calls from HE institutions throughout the United Kingdom, as well as business leaders and all political parties in Scotland. Now Brexit has been added to the mix, along with the reputational damage that it has done to UK higher education internationally. There are serious issues in the sphere of higher education, and we should be addressing them before we proceed with the Bill.

[Patrick Grady (Glasgow North) (SNP)]

My hon. Friend is making very clear why so much of the Bill is important to our constituents in Scotland, and not least to the University of Glasgow, which is in my constituency. Does she share my concern about the fact that what we witnessed a few moments ago in the Grand Legislative Committee procedure makes a mockery of the scrutiny that ought to be given to clauses that affect England and Wales in particular? Does she also agree that if there is an answer to the West Lothian question, the current “English votes for English laws” procedures certainly are not it?

[Carol Monaghan]

I am not sure who those procedures served, but I cannot imagine that they served the people of England particularly well.

The establishment of UKRI without a proper devolved voice—a voice that would understand the distinct nature of Scotland’s research landscape—could lead to a lack of consideration among the decision-making bodies of the research councils and Innovate UK of Government priorities and research needs in Scotland and other devolved nations. We welcome the Government’s movement on that in their amendment, but it simply does not go far enough or offer the guarantee we sought.

Scotland is already disadvantaged in terms of infrastructure spend for research—it currently attracts only about 5% of UK spending. Therefore, to prevent further leakage of funding or continued disparities, the firewall between the HEFCE and the rest of the UKRI must be in place. That would ensure not only that funding followed excellence but that the vibrant research community in all devolved nations continued to flourish.

Like the hon. Member for Blackpool South (Gordon Marsden), SNP Members have concerns and are not able to support the Bill’s passage tonight.