University of London Bill [Lords]

Gordon Marsden Excerpts
2nd reading: House of Commons
Tuesday 16th October 2018

(5 years, 5 months ago)

Commons Chamber
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Gordon Marsden Portrait Gordon Marsden (Blackpool South) (Lab)
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I thank my hon. Friend the Member for Westminster North (Ms Buck), who I gather is, according to the nomenclature, the promoter of the Bill. She cut through the thicket of a highly technical and somewhat convoluted selection of arguments with a crisp and concise message—the Minister has just echoed it—which is that at the moment, in technical and practical terms, there are significant concerns for the colleges concerned that, to use the old adage, they are neither fish nor fowl. For all the reasons that my hon. Friend set out and the Minister reiterated, at a time when it is so important that the international reputation of our existing universities and institutions is understood and held in high esteem, especially given the situation in which we find ourselves with Brexit and other challenges from competitor countries with universities, our institutions must not be hampered or impeded with regard to the way in which they are understood by people not just in this place or even in this country, but internationally. That is an important part of the process.

I want first to declare a triple interest, albeit an historical one, in this debate. First, I am a former postgraduate of London University—from the Warburg Institute—which serves as a reminder that the University of London consists of not only colleges, but a number of separate institutions and institutes, many of which found themselves in quite a difficult position in the 1990s and 2000s when the changes that we know about began to take place in the relationship of the central university and the colleges. Secondly, of course, this took place some time ago, and, thirdly, to illustrate that, in the 1990s I was a member, by virtue of my editing the magazine History Today, of the board of the Institute of Historical Research. At that time, the debate about the relationship of the university to the various colleges, and what would happen to the university and its institutions, was a strong and fevered one. Thankfully, in the years since, there has been a coexistence—I suppose that that would be the word—between the central register of the university and the colleges, and that coexistence has brought about the uncontroversial Bill before us today.

I do not want to repeat the points made by my hon. Friend and the Minister about the technicalities of the Bill and the processes, but I do want to make one or two observations about the 1994 Act and where this new settlement might take us. In the promoter’s statement of support for the Bill’s Second Reading, we are told:

“The current arrangements are…unnecessarily cumbersome. The 1994 Act allows consultees 4 months in which to make representations”,

and

“if the governing body wishes to take forward its proposals, it must pass two resolutions with an interval of at least one month.”

That is all very true, but I believe that it has a broader relevance than simply today’s technical debate, as it puts the onus on all the member institutions, when they are changing elements of their statute in the way my hon. Friend has explained will happen under the new set-up, to consult strongly with all their workforce—all their academic staff and students. The Minister will be well aware of the Opposition’s concerns in this area in the light of all we said in the debates on the Higher Education and Research Bill with his predecessor, and the various exchanges that he and I have had about this area since.

The importance of giving the colleges university status cannot be overstated, and I understand the concern of all hon. Members and those involved with the colleges that they should not be hampered externally. The hon. Member for Henley (John Howell), citing his role as a Government envoy to Nigeria, was worried about this, which I can understand, but in defence of the central functions of the University of London, I would like to reassure him that the status of the university as a brand is still very strong internationally. I pray in aid of that argument the tens of thousands of graduate students whom I see every year at the enormous graduation ceremonies, which are often presided over by Her Royal Highness Princess Anne, the chancellor of the University of London. I do not think we should entirely set aside the brand value, if I can put it that way, of the University of London.

Clause 3 of the Bill refers to conferring a general power on the university’s governing body—the board of trustees. The Bill was amended in the House of Lords, and I have taken the time to look at the evidence given to my noble Friend Lord McFall over two sessions in February and March this year, which was very interesting. In putting forward its proposals, the university made a number of claims about the existing process being unnecessarily cumbersome and protracted and the need to refresh its status in a more dynamic way. I pay tribute to the diligence of my noble Friend, because he pressed the university quite hard on the relationship between the university and the colleges. In particular, he was concerned that there should not be a sense of mission creep regarding to what needs to be done to establish that relationship. As a result of my noble Friend’s probing, two amendments were tabled, one of which restored the right of the trade unions at the colleges and the university to be consulted—[Interruption.]

Bob Stewart Portrait Bob Stewart
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I am hoping that the hon. Gentleman can have a short break to get his cough under control. I should like to ask him, and indeed the Minister, how much these changes are going to cost. Has there been a cost analysis of the changes?

Gordon Marsden Portrait Gordon Marsden
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That is a good point. I do not have the answer to the hon. Gentleman’s question, but the Minister might be able to give him an indication. I would simply say that it is important that these processes are taken forward as economically and speedily as possible, which will obviously involve some degree of expense. I hope that no one would wish to see flights of enthusiasm for spending lots of money to promote new titles and logos, for example, especially at this time. That is not the official Opposition’s view; it is just my personal opinion.

I shall return to the question of amendments having to go out for consultation by recognised trade unions. This needs to be widely and substantially understood, particularly by the heads of the colleges and particularly in relation to the two unions involved—the University and College Union and Unison. It is important that the workforce should be involved in the process.

The second change relates to the Privy Council, and I understand the need for that change. As a general principle, however, we remain sceptical about the diminution of the role of the Privy Council in the position of universities. Members of the other place made that point when the Bill was going through. This goes back to the old Bagehot definition of the monarchy: it is not the powers that it confers, but the powers it denies. The Privy Council has historically been a useful backstop against the flights of fancy of higher education administrators, and I will be sorry to see its role entirely extinguished. That said, I understand the reasons given in the Bill.

Christopher Chope Portrait Sir Christopher Chope
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I am with the hon. Gentleman on that. When evidence was given to the other place, every time there was a challenge that these new powers could be abused, the defence was that, ultimately, there was the safeguard that approval would need to be given by the Privy Council, yet clause 4 envisages a time when the Privy Council will no longer be able to exercise its power.

--- Later in debate ---
Gordon Marsden Portrait Gordon Marsden
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I thank the hon. Gentleman for his intervention. I do not want to prolong the debate unduly on this subject, but the Minister will have heard what the hon. Gentleman said and my generic misgivings, which are not specific to the particular issue in the Bill. We remain not entirely persuaded that there is not a role for the Privy Council.

In paying tribute to my noble Friend Lord McFall, I repeat some of the things that he said in persuading the university to restore these points:

“the focus should be on what values our society expects to see reflected in our universities; it is not just value for money”—

important though that is. He continued:

“In that context, I am very pleased that there will be the opportunity for the widest consultation on this Bill”—

I believe that that has been the case—

“so that it is transparent and we can see exactly what universities will be.”

Finally, I have a warning with wider relevance not just for the University of London but for the Government and other universities. The promoter’s agent, writing to the House of Lords Clerk on 27 February 2018 after the Lords Deputy Speaker had requested evidence that member institutions and trade unions were aware of the couple of procedural changes in the Bill, stated:

“We did not specifically draw the Member Institutions’ and trade unions’ attention to the effect of the Bill in reducing the size of the quorum”—

that would, of course, have made it a lot easier for the board of trustees to make alterations in statute without consultation—

“since it was not a matter we thought it necessary to highlight in the way that it was framed”.

I hope that I am not being unkind, but I detect a slight degree of administrative arrogance in the idea that people who are intimately involved, day by day, with the activities of the university should not be consulted. That way madness and disconnection lies. That said, we support this necessary and proportionate Bill.