Higher Education and Research Bill

Lord Bilimoria Excerpts

Monday 9th January 2017 Lords Chamber

[Lord Smith of Finsbury (Non-Afl)]

My Lords, I rise very briefly to support the amendment tabled by my noble friend Lord Kerslake. The noble Baroness is right to say that placing a duty on Secretaries of State does not necessarily mean that you get the right outcome, but it helps, and this amendment would certainly help. It also sits rather well alongside the new clause we passed earlier today. That was a declaratory provision which affects the title of “university”, and if anything it places a duty on universities. However, this amendment elegantly places a duty on the Secretary of State and on the OfS in exercising the very considerable powers the Bill is likely to give them. It would be sensible to accept it because the autonomy of higher education institutions is so massively important that the more belts and braces we have in the Bill to ensure that that autonomy is safeguarded, the better.

[Lord Bilimoria (CB)]

My Lords, I rise to support the amendment tabled by my noble friend Lord Kerslake on institutional autonomy. In passing the new clause earlier today, we have reflected at the beginning of the Bill the spirit of what a university is all about. Although many of us might disagree with the wording of the new clause, its spirit and essence are in place and at its crux is the autonomy of universities. As chancellor of the University of Birmingham, before Second Reading I consulted our vice-chancellor, Sir David Eastwood, who is one of the most respected figures in higher education in this country and probably in the world, frankly. He is also a former head of HEFCE. When I asked him about the Bill, he said, “The UK has a co-regulatory approach that has maintained the autonomy of universities and relies on their own governance arrangements where appropriate, allowing universities such as Birmingham to be flexible and responsive to the needs of their students and employers, including shaping the curriculum in the light of the latest research findings, to think long term about global challenges and remain free from direct political interference. It is vital that that cornerstone of UK higher education is preserved throughout the Bill”. That is absolutely crucial to the whole Bill, and this amendment puts autonomy at the heart of everything.

When Universities UK was consulted about this, it said that in order to be successful, universities need to take their own decisions and indeed it used David Eastwood’s words: “flexible”, “responsive” and “autonomy”. They provide the key competitive advantage of our universities. Who is the number one competitor in the world when it comes to universities? We have the top two institutions, along with the United States of America. Later this week I will be at Harvard Business School, which I have been attending for 15 years because I am an alumnus. Harvard is the wealthiest university in the world by miles. On Saturday I will see new facilities that did not exist a year ago which are the result of $1 billion of investment. The university is very wealthy and privately funded, but there is a huge distinction between state universities in the United States and institutions like Harvard. We have a wonderful mix that gives us the best of both worlds. We have universities that receive state funding but yet have always been autonomous and can do their own thing in their best interests. We must not jeopardise that, so we should support this amendment.

[Viscount Hanworth (Lab)]

My Lords, I wish to speak to my own Amendment, Amendment 66, and in doing so I declare my interests as I did at Second Reading. In common with many commentators, I fear that the Bill gives unprecedented powers to the Secretary of State to interfere directly in the academic business of universities and providers of higher education. As it stands, the Bill will allow the Minister to give direct instructions to the Office for Students and it will allow that office in turn to convey specific instructions to universities and other providers. A separation of powers is required to prevent any agency acting in a manner that exceeds its competence or expertise and infringes on other domains for which independence should be guaranteed.

The Office for Students should be an executive body and not be allowed in its own right to pass judgment on academic standards. An independent body of experts should be relied on to assess the quality of the provision of higher education and to judge the standards of accreditation. My proposed amendment would clearly limit the power of the Secretary of State to give specific instructions to universities. The Bill already proposes that any guidance given by the Minister must apply to the providers of higher education in general, but it would also allow the Minister to declare, for example, that, “the course in epidemiology at the University of Middleshire does not conform to the guidelines issued by the Secretary of State under Section 3 of the Higher Education and Research Act 2017”. In other words, the Minister could refer to a specific university relative to the general guidelines that have been enunciated. My amendment would preclude the Minister from making such statements in respect of a specific institution. It should be for the Office for Students to make observations about the conformity of courses with guidelines and standards, and it should be allowed to do so only on the advice of a designated body of experts. This point will be reinforced in later amendments that I intend to bring forward.