Higher Education and Research Bill

Lord Kerslake Excerpts

Ping Pong (Hansard): House of Lords
Thursday 27th April 2017 Lords Chamber

[Baroness Brown of Cambridge (CB)]

My Lords, I rise to speak to the government amendments to the Bill in lieu of Lords Amendment 1, which defined the functions of a university, essentially protecting the use of university title by describing the characteristics of an organisation which could be granted such title.

The several purposes of that amendment included protecting university autonomy; ensuring that institutions able to call themselves universities are engaged in scholarship that both informs and forms an important part of student learning; ensuring that learning takes place in an environment where disciplines meet and meld; and ensuring that universities recognise the special place they hold in society by contributing to our society not only by teaching and disseminating knowledge but by, for example, partnering with charities, schools, colleges and local and regional initiatives to deliver a benefit well beyond their immediate staff and students. International research clearly demonstrates the impact that engaged universities can have on local communities and economic growth. Many other countries—including, for example, Australia, New Zealand, Switzerland, the Canadian provinces, Germany, Spain and India—have a definition of a university, or its functions and activities, in legislation. So an overarching objective of the Lords amendment was to protect the reputation of universities is this country, going beyond the situation in the Bill where the OfS might consent to the institution’s use of university title if that institution were a registered higher education provider. That would communicate to the world, which is particularly important at a time when we are leaving the EU, that our higher education system is open for expansion and innovation, but that university title in England is not given easily. It would tell potential students about the sort of institution and learning environment they should expect from a university, and it will encourage new entrants to the sector to see that obtaining university title is an important and aspirational achievement.

I appreciate that the Government have worked with my noble friend Lord Kerslake and others to ensure that university autonomy is now a strong and positive feature of the Bill, but I am disappointed that the Government have not accepted the argument for a definition of the key functions of a university in the Bill. However, I am reassured that the government amendments in the other place, in lieu of the Lords amendment, require the OfS to have regard to factors set out in guidance by the Secretary of State when awarding university title and I am pleased that the Secretary of State will consult on those factors.

Indeed, I strongly welcome the comments by the Minister for Universities, Science, Research and Innovation in the other place yesterday, which the noble Viscount repeated, about the consultation being “full and broad” and about the type of factors that would be included in that consultation. I agree that this approach can deliver both widely supported and strong guidance for the OfS on the criteria for the award for university title, so I record my thanks to the Ministers and their team and I put one final question to the noble Viscount today.

In the week that we have heard that China has sent senior government officials into its leading universities because of concerns over government criticism and westernisation, does he not think it would have sent a great message for us to have been positively encouraging, if not insisting, that our universities act as,

“critics of government and the conscience of society”,

as the Lords amendment also suggested?

[Lord Kerslake (CB)]

My Lords, I declare my interest as chair of the board of governors of Sheffield Hallam University. I also record that the vice-chancellor of Sheffield Hallam, Chris Husbands, has been leading work on the implementation of the teaching excellence framework on behalf of the Government.

It falls to me to lead the response on this set of government amendments in Motions B and D, but it is important to say that this part of the Bill has been subject to many contributions during our debates. From the start, it has been clear that there is general support for the Government’s desire to raise the profile and importance accorded to teaching in our universities. That has not been a point of issue. There has also been a general understanding that fees will, over time, need to rise with inflation.

The concerns have been with the Government’s approach to introducing the TEF and the link being made between the TEF and increases in fees—in particular, that the TEF was being introduced with undue haste, that the gold, silver and bronze rankings being put forward were both inappropriate and potentially damaging to the sector, and that the TEF was not the right basis for allowing differential fee increases. The amendments now put forward by the Government in place of our amendments go a considerable way to addressing those strong concerns.

As the noble Viscount said, the review will be independently led and must cover: the process by which the ratings are determined; whether the metrics are fit for purpose; whether the classifications awarded are appropriate; the impact of the scheme on higher education providers; and whether the TEF is in the public interest. By any measure, that is a comprehensive review. We will all await the outcome with interest. It is essential that any future Secretary of State takes full account of its findings and recommendations.

All of the above tests are important, but I place particular emphasis on the review of the rankings and the public interest test. In this context, there is one point I should like the Minister to clarify—I have notified his office in advance of the question I wish to raise. I will be grateful if the Minister can confirm that it will be open to the review to say that we shall either stay within the current rankings, propose an alternative set of rankings, or conclude that ranking of universities of any sort is simply not appropriate in what is a very diverse sector. I look forward to the Minister’s response.

The ability to differentiate fee increases linked to the TEF has not been removed from the Bill, as we proposed, but the Government’s amendment will delay any differentiation until at least the academic year 2020-21. As the Minister said, this will allow time for the review to be completed and its conclusions properly considered. In the meantime, existing universities involved in the process will get the full inflationary uplift—something all sides of the House supported. This is a significant and welcome movement by the Government and I know it has not been lightly conceded.

There remains the issue of publication of the results of the trial TEF assessment process. I understand, although it would be helpful if the Minister confirmed, that these results will not now be published until after the election and a new ministerial team is in place. I hope that that new ministerial team will consider very carefully how publication should be handled, particularly given that the TEF will be subject to a wide-ranging review.

I said in Committee that I could not think of anyone better placed to lead the work on the TEF than Chris Husbands. That firmly remains my view. He and his fellow assessors have applied themselves diligently and fairly to the task they were given. The fault here, I fear, lay in the way they were commissioned by the Government to undertake their task. The independent review and the delay will provide an opportunity to get this right. In particular, I think the gold, silver and bronze rankings are not long for this world. I hope that what comes out will be a much more sophisticated and evidence-based approach linked to subjects, as proposed by the noble Lord, Lord Blunkett—there is a Sheffield theme here today.

Finally, as I am unlikely to speak again in the debate, I pay tribute to Peers on this side of the House for their valiant work in reviewing and amending this Bill; to the noble Lord, Lord Stevenson, and the noble Baroness, Lady Garden, for their terrific work; and to Jo Johnson and the Minister in this House for being willing to listen and to respond to our concerns. That is what this House should be about. This is still not the Bill that we might have wanted, but it is considerably improved from when it came into this House. I hope that there will be no further Bills on higher education for a considerable period and that the sector will be given the chance to have the stability it needs to do what it does best: to represent the interests of this country.