Further and Higher Education (Access) Bill

Julian Smith Excerpts

Friday 4th March 2011 Commons Chamber

[Mr Chope]

My right hon. Friend has just succeeded in getting his Bill through its Second Reading, Committee stage and Third Reading very fast. I hope that my Bill will make similarly rapid progress. That is why I look forward eagerly to hearing what the Government’s attitude to it will be. As a general rule, I am not sure that the length of the explanatory notes, or the fact that there are explanatory notes, is a good guide to whether a Bill will make progress. If I recall correctly, the Wreck Removal Convention Bill, which was brought forward by my hon. Friend the Member for Suffolk Coastal (Dr Coffey) and which we will discuss in a fortnight, has quite extensive explanatory notes. I am not sure that that is necessarily an indication of how much time will be spent discussing it.

I return now to one of the principal reasons for my concern about the guidance. The full guidance that was issued by the Secretary of State for Business, Innovation and Skills and the Minister for Universities and Science to the director of fair access in February was based on the draft guidance that was issued on 7 December 2010. Paragraph 6.1 of the draft guidance was very clear:

“There have been no changes in the legal constraints on your powers as Director of Fair Access. You are not empowered to interfere in institutions’ decisions about the admissions of students and you may only set conditions that clearly relate to promoting participation and access.”

When the final guidance was issued last month, that paragraph was omitted. I tabled a parliamentary question to the Minister for Universities and Science, asking why it had been omitted. Unfortunately, the fact that I received a holding reply rather than an immediate substantive reply makes it obvious that he had to think about why it had been omitted. Eventually, he came back with an answer pursuant to the holding answer of 16 February:

“Paragraph 6.1 was unnecessary as it provided no new information.”—[Official Report, 17 February 2011; Vol. 523, c. 981W.]

I am not convinced by that and remain very suspicious. Indeed, the full guidance is more extensive than the draft guidance. The full guidance is some seven and a half pages long, whereas the draft was only five and a half pages long. That clearly expressed paragraph is omitted from the final guidance.

I share the concern of many people in universities that the Government are trying to increase regulation and interference to tick boxes on social engineering and social mobility, and that that is ill conceived.

[Julian Smith (Skipton and Ripon) (Con)]

In the guidance—I am not sure on what date the guidance I have was published—have not the Government directed OFFA that it must be “fair, transparent and evidence-based” in all that it does? Does my hon. Friend have an issue with that? It seems quite clear from the guidance that I have read.

[Mr Chope]

Well, we will have to see what happens. If one looks at the detailed guidance—I do not have the paragraph to which my hon. Friend is referring to hand—one can see that it is full of contradictions. The director of fair access said that, based on the guidance, he would issue advice to universities before the end of February to meet their tight time scales. The fact that he has not yet done so perhaps indicates that he is finding it a bit problematic.

This issue even appears in today’s newspapers. In The Times, there is a letter from John Foster, a former chairman of the council at the university of Leicester, expressing strong concern about the Government

“digging itself into an ever-deeper hole”

over universities and student fees. In particular, he states that the Government

“now proposes to penalise some universities that wish to charge the maximum level by cutting their student numbers and diverting thus-frustrated applicants to lesser institutions.”

He states:

“Many will regard this as confirmation that the Government is viscerally opposed to students in general and to higher education in particular. Others will interpret it as a deliberate discouragement to excellence and a reward to mediocrity. I have no doubt that it will weaken the international standing and competitiveness of some of our finest universities.”

Such comments are coming thick and fast from people on the front line in higher education, and they reflect the concerns of, for example, the Russell group of leading universities. It issued a press release on 10 February commenting on the Government’s guidance to OFFA, which made a number of good points and emphasised that

“admission to university is and should be based on merit, and any decisions about admissions must also respect the autonomy of institutions and maintain high academic standards.”

That is four-square with my Bill, because clause 1, which is headed “Duty to allocate places on merit”, states:

“It shall be the duty of all institutions within the further or higher education sectors in receipt of public funds to consider applicants domiciled in England for any course of study below post-graduate level on the basis of merit alone unless the circumstances in section 3 apply.”

--- Later in debate ---

[Mr Chope]

Absolutely, and my Bill is designed to promote the freedom of universities to decide the issues in question for themselves and to restrict the Government’s ability to interfere in the governance of our universities, many of which are international institutions of high repute. They are expanding and raising their standards in the global higher education context, and they are highly respected. They do not need an interfering Government, who are pledged to reduce regulation, increasing the regulatory burden on them. However, that, of course, is exactly what the Government’s current policy seems to be.

[Julian Smith]

As I understand it, one of the biggest problems that the Government are trying to solve is that people of merit from socially disadvantaged backgrounds have not been getting to good further and higher education institutions. Does it not concern my hon. Friend that the Bill could restrict such people’s ability to get into our universities?

[Mr Chope]

Looking at the Bill, I do not see how that can be the case. I define merit in clause 2 as

“academic ability, potential and aptitude as assessed by the institution of further or higher education”,

thereby emphasising not just academic ability as reflected in exam results but potential and aptitude, to be assessed exclusively by the institution in receipt of an application. That emphasises the importance of giving institutions the freedom to make the judgment themselves.

--- Later in debate ---

[Mr Chope]

My hon. Friend is trying to attack my Bill as a regulatory measure, when in fact it is a deregulatory measure. It aims to prevent the burden that the Government are trying to place on universities in a less than transparent way—using the Office for Fair Access—and which is increasing regulation on universities. That would be prevented by the Bill, because it would be at odds with the duty to allocate places on merit other than in accordance with the exemptions set out in clause 3. He stands four-square with me in saying that we want to reduce the burden on these universities. However, at the moment the burden is being increased by the Government under their measures to try to bring about social engineering in a rather partisan way.

[Julian Smith]

Is the key fact not that, whether it was the fault of universities or the previous Government, there has been a failure to get people from disadvantaged backgrounds into our better universities? A piece of research by Martin Harris concluded that

“while there have been substantial increases in participation among the least advantaged 40 per cent of young people across higher education overall compared to the mid-1990s, the participation rate among the same group of young people at the top third of selective universities has remained almost flat over the same period.”

Is it not morally right that the Government are trying to address this issue?

[Mr Chope]

There might be an issue there, but Sir Martin Harris has a vested interest; he is the director of the Office for Fair Access and obviously has to keep himself in a job. He is saying that there has been an increase in admissions to universities from people from poorer backgrounds, but that that has not yet percolated through to the top universities. He is therefore seeking a mandate to have more powers to interfere in those top universities. I am trying to put the point of view of the Russell group, which is a representative sample of those top universities. It points out that it has made enormous progress without that sort of interference. Indeed, it thinks that the Government’s ideas—and, by implication, Sir Martin Harris’s ideas—on this will be dangerous and counter-productive by being too prescriptive.

The Russell group has commented on the question of how we are going to measure success in improving access. It is the same with all these principles: if we cannot measure it, we cannot control it. It says:

“Any measurement of universities’ progress in improving access must be undertaken with great care. The investment of Russell Group institutions into outreach activities benefits the sector as a whole, with many students being inspired to study at other institutions as a result of our widely targeted work with potential candidates of many ages and backgrounds. We believe our universities have a role in helping all students to fulfil their potential, not simply widening access to our own institutions.”

That demonstrates how difficult it is to judge an individual university’s outreach programme solely on the basis of how many students it has brought into its own university as a result of that outreach programme, because that programme might have enabled students from poorer backgrounds to apply to, be accepted by and go to other universities. Obviously, the next question that arises is, how will we possibly measure that? It would be very complicated. That takes me back to the point that we do not need to have all this regulation. Why can we not trust these universities to carry on doing as they have been doing up until now.

--- Later in debate ---

[Mr Chope]

If those students are going to go to university on the basis of something other than merit, or on some basis other than the exemptions that are set out in clause 3, but my understanding is that the Government want to open up opportunities for part-time students but not on the basis of anything other than merit. If I am wrong about that, I am sure that my hon. Friend the Minister will correct me.

I have been speaking for longer than I intended, so I shall briefly outline how I think the problem can be dealt with more effectively. Hon. Members will be aware of the Social Mobility Foundation. Sir Terry Leahy, the outgoing chief executive of Tesco, has now joined the board as a trustee. My right hon. Friend the Prime Minister has said:

“The Social Mobility Foundation provides an exemplary service to help academically-talented disadvantaged students achieve their potential. I and many other Cabinet Ministers have been delighted to host SMF students”

and he encourages others so to do. It seems to me that that is the way forward. If we want to encourage the brightest and the best to be able to get access to our universities, we can give support to worthy organisations such as the Social Mobility Foundation.

What is interesting is that even the Social Mobility Foundation has to set eligibility criteria for those who apply to it for assistance. To join the aspiring professionals programme, students have to be in year 12, in receipt of education maintenance allowance or free school meals, and, significantly, in possession of at least five A grades in five different subjects at GCSE and predicted to obtain at least an A grade and two B grades at A-level. Even the Social Mobility Foundation is accepting that academic performance has to play a part in deciding whether people are appropriate to be taken on for help from that foundation.

[Julian Smith]

My hon. Friend must know that leaving this issue to institutions such as the Social Mobility Foundation will not have anywhere near the same effect as the Government taking a stand and saying that we will select young people on merit, and we must get more people of merit from socially disadvantaged backgrounds. He must know that Government involvement is the only way to deal with that.

[Mr Chope]

I am afraid that I am completely at odds with my hon. Friend, because I think that getting the Government involved will be—even more so than it is already—a disastrous policy, and it would be much better to improve the quality of education in our mainstream schools.

I want to quote a final statistic. In 2009, only 232—4.1%—of students in maintained mainstream schools who are known to be eligible for free school meals achieved three or more A grades at A-level. It is a matter not of trying to get more of those students into higher education but of trying to increase that cohort of students, from 4.1% to maybe five times as many. That is the problem. I am not sure that anything that the Government are proposing to do in interfering in this area will help that problem; instead, it will exacerbate it.

There is a mass of literature on all these matters. I was looking—some hon. Members may say, surprisingly —at a couple of articles in The Guardian. One was headed, “Grammar schools do not improve social mobility for working-class. Study shows little difference in work prospects for poorer children who attend grammar schools and comprehensives.” Earlier this week, on 1 March, there was an interesting article by Mr Owen Jones, headed, “Social mobility is a dead end. Our society relies on working-class jobs—dangling a narrow ladder for moving up is a diversion from tackling inequality.” I do not know whether those are articles on which my hon. Friend the Minister intends to comment in his response.