Higher Education (England) Regulations

Debate between Jo Churchill and Angela Rayner

Wednesday 13th September 2017 Commons Chamber

[Angela Rayner]

I will make some progress. The intention of the parent Act, the Higher Education Act 2004, was clear. It allows any such regulations to be annulled. The then Minister, the former Member for Hull West and Hessle, assured the House that

“any change to the fee cap must be made by the affirmative resolution procedure, not the negative procedure. Although we cannot do it in legislation—if we could, we would—we give an undertaking that if Labour is in government, the statutory instrument dealing with the matter will not be taken in a Committee but on the Floor of both Houses. That will ensure that all Members have the opportunity to speak if called, and they will all have the right to vote on the matter.”––[Official Report, Higher Education Public Bill Committee, 26 February 2004; c. 323.]

He gave that assurance to a Conservative Member who demanded it. That Member is now the Transport Secretary in a Government who are doing completely the opposite.

The job of a legislator is to legislate. If we are not allowed to do that, our role will be reduced to turning up every five years, voting in the Government and letting them rule by decree, which is what they are attempting to do on tuition fees. If the Government act in this way on matters such as tuition fees, Members from across the House will have to ask themselves whether we can trust the Government with the powers that they are seeking to grant themselves in the European Union (Withdrawal) Bill. It is ironic that just this week, the Brexit Secretary was keen to assure us that no such thing could happen. He told the House:

“Secondary legislation is still subject to parliamentary oversight and well established procedures. In no way does it provide unchecked unilateral powers to the Government.”—[Official Report, 7 September 2017; Vol. 628, c. 357.]

Even as he was saying that, the Ministers opposite me were busy proving him wrong by refusing to follow these procedures, rejecting parliamentary oversight and adopting exactly those unchecked unilateral powers to force this through. Of course, the Brexit Secretary has some other disagreements with the Education Secretary on this matter. I remember him saying that he had always been against fees. He said:

“In 2005 our policy was abolition and I was one of the drivers behind that”,

and that he was prepared to be “a rebellion of one”. Let us see whether he beats that figure today. He was right that the Conservative party’s policy used to be the abolition of fees entirely. A former Conservative shadow Education Secretary once said that the party would

“show we care about the student who wants to go to university, but can’t afford tuition fees.”

She is now the Prime Minister, but her past promises seem to have been thrown in the bin along with Nick and Fiona.

[Jo Churchill (Bury St Edmunds) (Con)]

If we are talking about promises broken, I seem to remember my daughters who are still at university being promised free tuition fees by the Labour party. I then remember the hon. Lady saying on the Marr show that that was nothing more than an ambition, largely because it was going to cost £89 billion.

[Angela Rayner]

I presume that the hon. Lady is slightly confused by the diktat from the Conservative Whips, which says something about student debt and tuition fees. We have been absolutely clear on both issues. We would not even be having this debate if the Labour party had won the general election, because we would have abolished tuition fees, as promised. The Conservative party already trebled tuition fees in 2010 to £9,000 a year, and that is what we are debating today. They have abolished the nurses’ bursary and scrapped maintenance grants for students from low and middle-income backgrounds, and ignored the fact that the drop-out rate among disadvantaged students reached a five-year high afterwards. They have also imposed interest rates of 6.1% and frozen the repayment threshold at £21,000 a year, despite Conservative Ministers in the coalition Government promising that it would rise in line with earnings.