Skills and Post-16 Education Bill [HL]

Lord Faulkner of Worcester Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

Amendment 76 withdrawn.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group consisting of Amendment 76A. Anyone wishing to press this amendment to a Division must make that clear in debate.

Clause 22: Further education in England: intervention

Amendment 76A

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[Lord Watson of Invergowrie (Lab)]

My Lords, on Thursday—day 2 of Committee—I asked the noble Baroness, Lady Penn, about the need for the new section to be introduced by Clause 5. It states:

“The governing body of an institution in England … must … from time to time review how well the education or training provided by the institution meets local needs, and … consider what action the institution might take … in order to meet those needs better.”


I said that I did not think this necessary because, to me, it is self-evident; that is what local further education colleges are about. I asked on what basis the Government felt it necessary to draft Clause 5 if there were many failing FE colleges. The noble Baroness made it clear to me that that was not case.

I feel the same about Clause 22 because, again, it seems to be based on the assumption that, for some reason, a number of colleges are operating on a day-to-day basis oblivious to what is happening in their own back yard. I just do not think that is the case. I repeat what I said on Thursday: not every further education college is perfect, does everything it has to do and does everything well, but there seems to be an impression by the Government that there is an attempt to undermine what the FE sector does—quite apart from the fact that, as we heard in the debate on the previous group of amendments, that sector has been seriously and serially underfunded, which can only inhibit what it is able to deliver for its local area.

I find myself a bit uncomfortable with this clause because, if a further education college does not ensure that there are no gaps in the local provision, as this amendment seeks to ensure, then what does it do? I cannot believe that such colleges just turn a blind eye. I cannot argue with Amendment 76A but I must say something to the noble Lord, Lord Lucas. He used the example of Eastbourne, which he mentions, along with its 130,000 inhabitants, often. I must visit it some time; it must be a very attractive place. However, even in that local example—and, by all means, use local examples in these debates—I do not think he made the case for there being widespread failure. I repeat the point I made on Thursday: the vast majority of FE colleges know what they need to do for their locality and do it well.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, before I call the Minister, I remind Members that, for this week at least, they should send an email to the Table if they wish to speak after the Minister.

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Clauses 23 to 25 agreed.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, we now come to the group beginning with Amendment 76B. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 76B

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Amendment 76B withdrawn.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group consisting of Amendment 77. Anyone wishing to press this to a Division must make that clear in the debate.

Amendment 77

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[Lord Addington (LD)]

My Lords, my noble friend—despite the fact that he has been defeated by the wonders of technology—here addresses one of the other problems we have. Something went from students who knew certain essays would come up in certain courses at certain times, and vaguely plagiarising them—that went on just about everywhere—to an industry that means students can gain a qualification. Continuous assessment is reckoned to be quite a good way of learning or of assessing somebody’s ability, or has been in many cases. That is particularly vulnerable to some of these services. The sums of money involved are considerable, because people are paying for it. Furthermore, a student who does this is then open to blackmail for the rest of their professional career. Their qualification, which is the way they make their living for the rest of their life, could be invalidated or they could have a black mark against them. They might not have to pay just a few hundred pounds but could end up paying tens of thousands over the course of their lifetime.

I hope that the Minister will give us a positive answer. My noble friend is quite assiduous on this—he has a Private Member’s Bill going through. If I may appeal to those who are planning government business, it might be a quicker and easier way to accept this amendment or one like it than to have to have an entire Bill go through Parliament. There is not much hope of that but let us try.

Can we find out what the Government are planning to do about this? Technical checking of every essay might be possible—I do not know the state of play of the technology—but everything will have to be entered to be assessed by it, and I am not sure how long that takes. We will have to look at this and at things such as dissertations, or studying by oneself, which are a traditional part of long-term studies in further and higher education. These cannot really be done in any other way than a person working independently, unless there is a lot more monitoring or a lot more time spent on it by staff.

We will have to deal with this problem, or at least learn to live with it and minimise its impact. I hope that the Minister can tell us that there is a coherent plan to at least display the dangers of blackmail and coercion that people are exposed to throughout the rest of an academic career. This is a real problem, and if we can solve it or at least make it slightly better now, surely we should.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Adonis, has withdrawn from this group so I call the noble Baroness, Lady Sherlock.

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the noble Baroness, Lady Garden, for stepping into the breach and introducing this amendment and thank all noble Lords who have spoken. I may try to fill in some of the gaps left by the absence of the noble Lord, Lord Storey. I should say at the start that we fully support the outlawing of cheating services.

The Minister needs to address three questions: is there a problem, is it getting worse, and what is the right policy response? I think we now all agree there is a problem. We discussed this recently at the Second Reading of the Private Member’s Bill of the noble Lord, Lord Storey. In responding to that debate, the Minister—the noble Lord, Lord Parkinson of Whitley Bay—acknowledged the growing availability of cheating services and said that this

“puts vulnerable students at risk and threatens the reputation of our world-class higher education sector … it is reprehensible for essay mill companies to profit from a dishonest business that exploits young people’s anxiety and can undermine our world-class institutions.”

Yes, we have a problem. Is it growing? Again, yes, it is. The QAA believes there are now over 1,000 essay mills in operation.

In that debate, the noble Lord, Lord Parkinson, told me that he had not read the paper by Lancaster and Cotarlan published this year in the International Journal for Educational Integrity. I hope that the noble Baroness, Lady Berridge, has read it or that at least she has been given a summary in her brief. It cites the 2015 work by Ardid et al which found no difference in the results students got when they took exams in person or online, provided that both types of exams were supervised. But when students took an exam online and it was not supervised, they got higher marks. That raised the obvious question as to whether students were using contract cheating in online exams. Lancaster and Cotarlan took up the challenge raised by the noble Baroness, Lady Neville-Rolfe, and analysed how one website, Chegg, was used during the pandemic by students in five STEM subjects.

They found that students were using it to request answers to exam-style questions and that these could be put live and answered within the duration of an exam. The number of student requests posted for those five subjects increased by almost 200% between April and August last year compared with the same period the year before. Of course, that was exactly the time when many courses moved to being delivered and assessed online. They conclude that

“students are using Chegg for assessment and exam help frequently and in a way that is not considered permissible by universities.”

In 2016, the QAA said it that would approach the main search engine companies and ask them not to accept adverts for essay mills and to block them from search engines. That does not work. This week I did a search, and loads of them appeared. I visited the Chegg website today and it still says:

“Ask an expert anytime. Take a photo of your question and get an answer in as little as 30 mins.”


There is even a website which acts as a comparison site for essay mills. I went mystery shopping on one website before the Second Reading of the Private Member’s Bill, and last week I tried another one. This time round I priced up an undergraduate essay on Anselm’s ontological argument for the existence of God, with three sources and Chicago referencing. With a new customer’s discount, I could have had 750 words in just three hours for £72. A full 2,500-word essay could be mine in 12 hours for £193. I did not even have to subscribe to find that out.

The noble Lord, Lord Addington, is quite right: if I were a student and I succumbed to this, as well as risking my academic career, I could be putting myself at risk of being blackmailed. The HE blog wonkhe.com has given examples of students who had problems either because they felt the quality of the work was not good enough or they got cold feet, and were told that if they did not pay the fee, and sometimes pay more money, the site would tell the university that they had used an essay mill.

We accept that we have a problem and that it is growing. What is the policy solution? In the past, Ministers have insisted that legislation was not needed, and they would get sector bodies to get tough and issue guidance and penalties. The noble Lord, Lord Parkinson, said that the Government have been working with the HE sector and tech companies but concluded:

“Despite that work, cheating services remain prevalent.”


That takes us to legislation. It is now three years since 46 vice-chancellors wrote a joint letter calling for these websites to be banned. Meanwhile, other countries have banned essay mills, including New Zealand, South Africa and, most recently, Australia and Ireland.

On 25 June, the noble Lord, Lord Parkinson, mentioned emerging evidence from Ireland and Australia which

“suggests that those laws are deterring essay mills from providing services to students, and regulators there have reported that having the legislation has provided them with more tools to engage students, higher education providers and cheating services”.—[Official Report, 25/6/21; cols. 536-37.]

Can the Minister tell the Committee why the Government do not think British students deserve the same protection from being preyed on as students in those countries? Contract cheating is a growing problem which puts students at risk and threatens academic integrity. If it keeps growing, it will start to disadvantage students who will not cheat, and that is a problem for all of us. We need to know that our doctors, engineers and lawyers have qualified based on their own merits, not on those of strangers on the internet.

So when will the Government act? If the Minister does not like this amendment, fine: she can bring her own back on Report. But if she does not, how long will we have to wait for another legislative opportunity to deal with a problem which even Ministers acknowledge is real and growing? I look forward to hearing her reply.

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Amendment 77 withdrawn.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group beginning with Amendment 78. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 78

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