All 8 Lord Liddle contributions to the Higher Education and Research Act 2017

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Tue 6th Dec 2016
Higher Education and Research Bill
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2nd reading (Hansard): House of Lords
Mon 9th Jan 2017
Higher Education and Research Bill
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Committee: 1st sitting (Hansard - continued): House of Lords
Wed 11th Jan 2017
Higher Education and Research Bill
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Committee: 2nd sitting (Hansard - continued): House of Lords
Mon 16th Jan 2017
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Committee: 3rd sitting (Hansard - continued): House of Lords
Wed 18th Jan 2017
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Committee: 4th sitting (Hansard): House of Lords
Mon 23rd Jan 2017
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Committee: 5th sitting (Hansard - continued): House of Lords
Wed 25th Jan 2017
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Committee: 6th sitting (Hansard): House of Lords
Mon 30th Jan 2017
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Committee: 7th sitting (Hansard): House of Lords

Higher Education and Research Bill Debate

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Higher Education and Research Bill

Lord Liddle Excerpts
2nd reading (Hansard): House of Lords
Tuesday 6th December 2016

(7 years, 11 months ago)

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Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I declare my interest as the pro-chancellor of Lancaster University. From this side of the House, I congratulate the noble Baroness, Lady Sugg, on her maiden speech. We look forward to hearing many more speeches from her.

As many Members have said, higher education is one of the jewels in the British crown. It is a tremendous success story. Of the world’s top 200 universities, I think that something like 30 are British. There are not many other areas of life today where we can make such a proud boast. I know from Lancaster how big a contribution a university makes to the local community. When Lancaster University was founded 50 years ago, there were 10,000 manufacturing jobs in the city. There are hardly any now but there is a thriving university. That pattern has been repeated in many of our northern cities and is key to their future success.

The university sector as a whole makes a huge economic contribution to our balance of payments and to the UK’s soft power—as long as, that is, all this is not ruined by current developments. Questions arise with the Bill, given that we face great challenges with the impact of Brexit on university funding. Brexit has had an impact on my own university, where two professors from the continent who were offered jobs have turned them down because they think that Britain is no longer a country where they want to live. The prospect of immigration controls being tightened as a result of Brexit could have a devastating effect on our universities.

How will the Bill help in this situation? I think there is a case for the Bill. The noble Lord, Lord Willetts, referred to the changing nature of the higher education system and the shift from a funding council to a regulatory body. I believe that is necessary. I also support the increased emphasis on, and the objective of, raising teaching quality. I am not sure that the methods which have been chosen are the right ones, but it is a good objective. This afternoon, a lot of noble Lords who know far more about universities than I do have expressed very serious reservations about the Bill. I hope that, in Committee and on Report, we will have the opportunity to build a cross-party consensus behind the Bill, because the last thing we want at this stage is to have political mucking about with our universities. That makes the situation worse.

I wish to make three points in the time left. First, it is essential that the Bill does more to safeguard autonomy. I would like to see the Office for Students have much greater autonomy with regard to the Secretary of State, rather like the new BBC board which the Government have agreed should be appointed not only by Ministers. I would like to see the body have clearer duties in regard to respecting the autonomy of higher education. Much more could be done to reassure universities that it will not be a centralising, controlling body.

Secondly, we must be much clearer about protecting the balanced funding principle for research. Quality-related funding is a way of letting a thousand flowers bloom in the sector, and again avoids the top-down centralisation of which the noble Lord, Lord Waldegrave, warned. We must be sure that this will be properly guaranteed in the new system.

Finally, I am not an ideological opponent of more competition. I think there is a role for new providers in driving innovation, but it has to be done very carefully. There has to be a very high bar for the awarding of probationary degrees, and the best interests of students have to come first in the legislation. We have to recognise that there are problems with this. In most universities there are complex funding flows. If you have a competitive market, one of the things that tends to happen is that the subjects which are more expensive to teach are neglected. Nothing could be more important to this nation’s future than science and engineering. Are we setting up a system that effectively competes away the margins in universities and prevents subjects which are expensive to teach being taught? That is a real issue which the Government will have to address in Committee.

Higher Education and Research Bill Debate

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Lord Liddle Excerpts
Committee: 1st sitting (Hansard - continued): House of Lords
Monday 9th January 2017

(7 years, 10 months ago)

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Baroness Bakewell Portrait Baroness Bakewell
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My Lords, I speak from my background at Birkbeck University on behalf of a sector that has not had much of a hearing today—I hope it will have a hearing throughout further debate on the Bill—which is that of part-time university study and of lifelong learning. It is my conviction that this is the shape of the future and will bulk far larger than is acknowledged in the future lives of people struggling to qualify and retrain in a population who will need retraining in new skills throughout their lives. Part-time education to university level, which is carried out at Birkbeck, is enormously popular with those who do it but, as the Minister will know, has recently suffered an enormous fall in recruitment. This followed the introduction of student fees, and we are examining reasons why that should be so and seeking to remedy them. We need to include in the essence of the Bill the fact that part-time university study is a valid, important and growing sector.

It is for that reason that I have tabled Amendment 5A, which adds emphasis to Amendment 5 by stating that one of the members of the board should be dedicated to the interests of part-time further education. This is very important because we find that a much higher proportion of the students who graduate from Birkbeck are from disadvantaged backgrounds than from any other university. This plays absolutely into the Government’s intention of increasing access, so they have a very strong motive to facilitate this kind of education, which has not figured very much in all of today’s extensive debate. It deserves a much higher profile and it will reap rewards. It will benefit not simply 18 to 24 year-old students; people are graduating from Birkbeck in their 50s, 60s and 70s with full-scale degrees. They are retraining, they come from every kind of background and they really appreciate the training they get. A dedicated member of the board for further education among part-time students is very much to be desired.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I refer to my interest as pro-chancellor of Lancaster University. I very much regret that I was not here for the earlier debates. The reason was that I was present at the funeral of Lord Taylor of Blackburn, who was for many years deputy pro-chancellor of the university I presently chair and, more significantly, played a very important role in the foundation of the University of Lancaster, one of the Robbins universities. He saw that the creation of these universities enabled the extension of opportunity. We at Lancaster certainly think that that is the job we are doing, because of the high proportion of pupils from state schools we have, at the same time achieving high standards of academic excellence. I put that on record and apologise that I was not here earlier.

I very much support the thrust of what my noble friend Lord Stevenson is driving at in his amendments. If the Office for Students is to exist, it must be composed of people of the highest calibre. It must reflect the full range of concerns in higher education—and I very much agree with the speech that the noble Baroness, Lady Bakewell, has just made about the importance of part-time education. That has been reflected, and it is one of the things that I would like us to do far more of in my own institution.

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Committee: 2nd sitting (Hansard - continued): House of Lords
Wednesday 11th January 2017

(7 years, 10 months ago)

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I hope—and I would like to hear from the Minister—that in the final version of the Bill there will be far more at the top, where the OfS board will look at it, so that everybody will be clear that this is what this institution is about and there is far more about the OfS’s duty to the sector and to the country as a whole, to take a leading role and, above all, to look not just at competition in a narrow sense but at securing genuine, high-quality diversity. I look forward to hearing from the Minister whether the Government are minded to think about this.
Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I declare an interest as pro-chancellor of Lancaster University. I fear that noble Lords may feel that I have worked out my line with the noble Baroness, Lady Wolf, because it is very similar to hers in its thrust.

I am not against competition per se. I am in favour of it. There is a lot of competition in the university sector as it is. My own institution is deeply competitive in trying to recruit students within a group of universities which it sees as its prime competitors. For instance, we have to invest an awful lot in our high-quality management school if we are going to continue to attract the international students who are so important to our income. Let us not pretend that we do not have competition. We have a lot of it. On the whole, at present it is healthy.

If we are to have more competition, it must not be bargain basement competition at the bottom end of the market, trying to erode margins in the cheap-to-teach subjects—let us put it like that—because ultimately that would undermine the viability of the university sector as a whole. Therefore, when we are talking about competition, the duties ought to have a heavy emphasis on innovation. I would like to see more competition in the area of new courses and institutions that reach out to people who have had apprenticeships and give them a ladder of opportunity into degrees. I would like to see more innovation in trying to attract to university people who are bright but have not succeeded in our conventional education system. There is a strong role for innovation but it has to be guided and managed. I would be horrified by the possibility that the OfS should think that competition should override all other considerations.

I do not have a word formula to meet these requirements, but this requires thought. I would like to hear from the Minister whether the Government share the concerns that the noble Baroness, Lady Wolf, and I and others have expressed in this debate, and to hear that they emphatically do not think that the promotion of competition should override other objectives. My noble friend Lord Stevenson spoke to his amendments on having regard to the public interest. I would like to see a provision on having regard to the financial sustainability of the sector as a whole. Such amendments are very important, as we have to have balance on this question.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I have added my name to amendments in this group as set out by the noble Lords, Lord Stevenson and Lord Lucas, and the noble Baroness, Lady Wolf. I also support Amendment 57, as introduced by my noble friend Lord Addington. They relate to the general duties of the Office for Students and reflect some of the concerns over the unprecedented powers of this new body. We have already addressed the issues in Amendment 41 to do with part-time study and lifelong learning.

Amendment 42 comes from MillionPlus, which is the Association for Modern Universities and has as much interest as anybody in maintaining confidence in the sector, which they have all joined relatively recently, and promoting the reputation which has been hard earned and needs to be protected.

Of the other amendments in the group, Amendment 43 is on the provision of higher education which meets the vocational and professional needs of the students. In the 20 years that I worked for City & Guilds, my work involved linking in with universities, professional bodies and the higher reaches on trying to gain transferability and acceptance for different types of awards. Anything that can be done to try to promote that transferability between types of qualification has to be commended—particularly, I suppose, in view of the degree apprenticeships coming up. Again, recognition of vocational achievement within an academic context there would surely be for the good.

The noble Lord, Lord Stevenson, has introduced amendments on supporting and working with student representatives. As we have addressed previously, if the Office for Students is to live up to its name it would be quite useful if students had something to do with it. Amendment 67 suggests that they could even have current experience of being a student.

The amendments on the financial health and viability of the sector are all self-explanatory and seem good. My last comment is on the right reverend Prelate’s amendment. I entirely agree with the noble Baroness, Lady Wolf, about the importance of diversity and how having providers with a denominational characteristic has to be a good part of the mix that we are trying to promote in higher education.

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Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 16th January 2017

(7 years, 10 months ago)

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Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I have Amendment 238 in this group. It was proposed by Universities UK and follows on from what the noble Lord, Lord Lucas, has just been saying about equality of treatment. The Higher Education and Research Bill creates three types of registered providers—basic, approved and approved with a fee cap. Universities, as public authorities, are currently subject to the Freedom of Information Act 2000. However, to ensure a level playing field for access to information it is important for all registered providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998 to be subject to the same level of public scrutiny. Schedule 11 to the Bill as currently drafted leaves open what categories of provider should be caught by freedom of information by leaving it to the Secretary of State to specify categories and regulations. If there is the appetite to be more prescriptive, the schedule could adopt the revised new Clause 4A wording as proposed.

Universities are currently subject to the Freedom of Information Act 2000. We propose further consideration be given to whether adherence to the FoI Act should be a condition for initial registration for higher education providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998. This new clause would amend the Freedom of Information Act to apply its provisions to all higher education providers designated for the purpose of student support registered with the OfS. This means registered providers eligible for public grant funding and/or access to student loans. I look forward to the Minister’s reply.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I have not thought about this topic before, so I welcome the amendment. On the face of it, I very much agree with what the noble Lord, Lord Lucas, and the noble Baroness, Lady Garden, have said. It seems to me that there is a case for a level playing field in principle. It would be very interesting to know what the Minister regards as the argument against a level playing field on this question. I am relaxed about new entrants to the higher education market. I want to see more diversity and innovation in higher education but, if that is to happen, there will clearly be risks of the Trump University type, as we know from the United States. I do not believe that universities are public sector institutions—they are public institutions—but requiring everybody to be open in their dealings and comply with freedom of information obligations seems highly desirable.

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Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
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My Lords, the Government have given careful consideration to the range of views expressed in response to our 2015 Green Paper in relation to the application of the Freedom of Information Act 2000 to higher education providers. Over 100 consultation responses were received on this issue and, perhaps surprisingly, opinion was divided. The underlying principle behind freedom of information legislation is that people have a right to know about the activities of public authorities. Although not traditionally regarded as public authorities in the wider sense, the Act does currently apply to HEFCE-funded institutions in recognition of the fact that they are in receipt of direct public funding.

In seeking to apply the Freedom of Information Act equally to all registered providers, the effect of the amendment tabled by my noble friend Lord Lucas—and I thank him for that—would either be to remove all higher education providers from the remit of the Act, or impose an additional freedom of information obligation on providers which are not already covered, irrespective of whether they receive direct public funding. This amendment would extend the scope of freedom of information obligations in this case to all registered higher education providers with courses designated for student support.

In the 2015 Green Paper, we considered the application of the Act and the regulatory costs it could impose on higher education providers, some of which may be relatively small organisations. Having considered the views expressed by a range of stakeholders, our decision was, so far as possible, to maintain the status quo by applying freedom of information obligations to those providers who, in future, are eligible to receive direct grant funding from the Office for Students—namely, approved fee-cap providers. As part of our overall principle of risk-based regulation and seeking to reduce regulatory costs and barriers to entry where appropriate, we did not consider that there was a strong case for expanding the scope of the Freedom of Information Act more broadly. We already believe that more higher education providers will be regulated through our reforms.

In this short debate, I wanted to address an interesting question posed by the noble Lord, Lord Liddle, and supported by the noble Lord, Lord Storey. The gist of his question was why the Bill does not seek to provide a level playing field of regulatory obligations. I would like to expand a bit on my answer. The Bill continues a rather different approach, whereby those that receive the most significant funding directly from the public purse are subject to the provisions of the Freedom of Information Act. This is a targeted approach to regulation, imposing requirements on those—

Lord Liddle Portrait Lord Liddle
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I am not trying to be difficult with the noble Lord, but when he talks about direct public funding, does he mean any institution where a student can receive a loan in order to carry out their studies? In my view, when anyone is eligible for a student loan, there is an element of public funding because, as we know, there are going to be write-offs of these loans in the future by the Government. I think this phrase about “direct public funding”, with the greatest respect for the Minister, is a bit of a cop-out.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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It is slightly more complicated than that, and it may be that I should write a letter to clarify this, but there is the funding on the student side that the noble Lord is talking about, the tuition fee, where a private individual is receiving private funding, and on the other side, what we are talking about, funding that comes in the form of a grant to help with the top-up—for example, for a high-cost STEM course. I think it would be good if I wrote a letter of clarification on that. There has been some discussion outside the Chamber on this aspect and it gives me the opportunity to write further on this. Having said all that, there is a bit more I wanted to say about that.

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Lord Liddle Portrait Lord Liddle
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May I add my tuppenceworth in support of the amendments? This seems crucial to the socially progressive innovation in higher education many of us on these Benches would like to see. The truth is that there has not been much attempt to enable people to do courses faster than the standard three or four years. Creating the financial possibility for this to happen would be a very good thing.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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My Lords, I wish to respond to Amendments 119, 120 and 121. The Government are committed to encouraging more accelerated degrees and other flexible provision. Indeed, we stated this in our last manifesto and I hope there will be an element of agreement between us on this.

The Bill will level the playing field for high-quality new entrants, making it easier for new specialist and innovative providers to enter the sector. Accelerated degrees are a particular strength of new and alternative providers, and this will help to ensure that students can access learning in the form that suits them. For example, Buckingham, BPP, Condé Nast College of Fashion and Design and the Greenwich School of Management all offer students the opportunity to complete an honours degree over two years. This means that the student incurs less debt and can enter or re-enter the workforce more quickly.

We are interested in understanding what more we can do to support flexible provision. We carried out a call for evidence in the summer seeking views from providers, students and others. This call for evidence resulted in more than 4,500 responses. A clear majority of these came from individual students and we were delighted to see this level of engagement. Many of the responding students expressed an interest in accelerated degrees, so this is clearly an important issue and the demand seems to be there.

On 20 December 2016, the Government published a summary of the call for evidence. This is a complicated policy area and we are now fully considering the evidence. Let me reassure noble Lords, however, that we are looking carefully at the options to remove barriers to accelerated degrees. While we certainly sympathise with the underlying intention of this amendment, as we continue carefully to consider the key issues, I ask that this amendment be withdrawn.

I move on to the amendments spoken to by my noble friend Lord Lucas. In a very similar approach, they both seek to link funding to academic credits as well as academic years. Again there is considerable sympathy with the issues that are raised here. The Government are committed to improving diversity of provision and to increasing student choice. Supporting students who wish to switch a higher education institution or a course is an important part of our reforms.

We also recognise the importance of part-time study, and this gives me another opportunity to trumpet this aspect of our reforms. There should be no doubt about our intention to promote this side. Studying part-time and later in life can bring enormous benefits for individuals, the economy and employers.

This area is also being considered as part of the call for evidence and is all part of us looking closely at the 4,500 responses. Again, it is complicated and I hope the Committee will indulge me and remember that it requires quite a bit of time to gather all the information. We will do that and return with the response in due course. Overall, the Government are already taking action to address some of the key areas of student choice as well as working to support students and their diverse needs.

I assure the Committee that we are actively considering all options in this area. I hope these warm words will be helpful. As we continue to consider the key issues as highlighted in our call for evidence, I ask that the amendment is withdrawn.

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Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I thank the noble Earl for his point. However, I think it is right that we should be bold and look ahead to bring in the performance-related measures that we have been talking about—the sector has been waiting 20 years for this. We are bringing it in carefully, with some consideration, and I hope the Committee today recognises that there have been a lot of checks and controls in this. I do not think we should stick to the status quo, in which there is no consideration of assessing the performance of universities or teaching. It is very important to be sure that we raise the quality of teaching in this country.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I declare an interest as pro-chancellor of Lancaster University, where we support strongly the principle of the teaching excellence framework. However, what I have found in this debate is that the Minister appears very reluctant to admit that, in any of the excellent speeches that we have heard tonight, good points have been made that are worth him thinking about and coming back to the House on at Report stage. This is disappointing. Does the Minister acknowledge that this might be the reaction of Members all around the Committee, and will he reflect on that?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I will reflect on that. I may not have said it, but I have appreciated the contributions from all noble Lords this afternoon. There have been a number of different angles to this and we had an interesting contribution from the noble Lord, Lord Desai. There is not a conclusive way forward—this is an iterative process—but I must say that, yes, I am listening. We believe that this is the right way forward. Although I have been listening, I will say again that this is a manifesto commitment and we are very keen to take it forward.

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Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017

(7 years, 10 months ago)

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Lord Judd Portrait Lord Judd (Lab)
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My Lords, I speak to my Amendment 298A, which is on the Marshalled List. At this stage of the proceedings, as an older Member of this House, I must be allowed to make an observation. We have gone a long way down the road I predicted. We are trying to make the best of this legislation. We are trying to engage in damage limitation, which becomes almost a cause. As an older man, I grieve at how far we have drifted from the concept of a university as an international community of scholars awarding degrees, based on the distinction of the university. This is a sad road we have taken, and we are dealing with the consequences: the commercialisation and marketing of the whole concept of universities and higher education. I have great difficulty in coming to terms with this language of markets and of students as consumers, as distinct from students as contributors to a community of scholars. It is a sad situation, but we are in the situation we are in, and we have to try and make it as acceptable as possible.

Under my last amendment, I talked about fairness, justice, transparency and accountability, and this amendment is about exactly the same theme. I talked previously about decisions not to register or to suspend, and now I want to talk briefly about why it is that there are no rights of appeal against the OfS refusing to authorise providers to grant degrees. Apparently, by this legislation, rights of appeal are allowed only when the OfS decides to vary or revoke such an authorisation. However, the decision to authorise or not in the first place is a significant decision and a significant exercise of power, which will determine whether a provider could enter the market—here I go using the word myself—or not. There seems no justification to deny a right of appeal where the OfS has decided not to grant authorisation.

There must be transparency and accountability. I absolutely understand and relate to the noble Lord, Lord Lucas, when he says that we cannot have institutions below the grade granting degrees. If we go down that road, there will be a temptation for people who are just opportunist money-makers to get into the money-making business by awarding degrees. We know this, so we have to have safeguards—of course I understand that. But I also understand the Minister when, in the logic of his position as he sees it, he says we cannot rule out the possibility that there will be newcomers to the field who will bring something new, fresh and challenging and who ought to be taken very seriously. I understand the logic of that point, and my amendment tries to take that point on board.

We cannot have an alienated public who think that there are high-handed university administrators and regulators, as well as universities themselves, making these strategic decisions without having to explain to those involved, let alone the wider public, why they have come to particular conclusions. Indeed, I can see a case for saying that, if what I advocate comes to pass, it will be a very educative experience for the public, because there will be an explanation of why a particular authorisation cannot be allowed. I think that the amendment and the principles behind it matter, and I am aware that I am becoming a collaborator in damage limitation.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I rise to speak to Amendments 282A and 347B, which stand in my name. I declare an interest as the pro-chancellor of Lancaster University.

I am learning a lot tonight about parliamentary procedure and affirmative resolutions, and about the relationships between independent regulators, Secretaries of State and Ministers, and I congratulate the noble Lord, Lord Lisvane, on carrying out such a good exercise in educating me. The questions posed by these amendments are very important. My noble friend Lord Judd is right: if you are to have a much more liberalised system with free entry, you have to have regulation and procedures so that it operates in a fair way.

The purpose of my amendments is simple. I would like to see the OfS be under a statutory obligation to set out its reasons for all the decisions that it has taken. I would like Parliament, once a year, to be able to debate a report which looks at whether, having set out a common set of principles by which the rules should operate, the regulator sticks with it. I think that that is a necessary addition to the ad hoc business of affirmative statutory instruments, and that it would be a sensible addition to the Bill.

Lord Norton of Louth Portrait Lord Norton of Louth
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My Lords, I have great sympathy with what the noble Lord, Lord Liddle, has just said. On the lead amendment, Amendment 282, which seeks to make such an order subject to the affirmative resolution procedure, I revert to a point that I made a few moments ago. As I read it, the order-making power in subsection (5) would presumably be subject to being prayed against. I would have thought that if any authorisation was revoked, it would be likely to be highly controversial and therefore might well trigger the order being prayed against. However, that would create the same situation, because the revocation would be by the OfS but the defence would have to be by the Minister, who would be somewhat detached from the whole exercise. I am not sure how that is addressed, and I look forward to my noble friend’s comments.

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Committee: 6th sitting (Hansard): House of Lords
Wednesday 25th January 2017

(7 years, 10 months ago)

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Baroness Wolf of Dulwich Portrait Baroness Wolf of Dulwich
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My Lords, I have one amendment in this group, which is a very small amendment in that it asks that one word be substituted for another. But if I read out the original clause, it may be evident why this is really quite important. I am very much in sympathy with what the noble Lord, Lord Lucas, said about keeping an eye on the fees that people charge.

The original Clause 61(2) reads:

“The amount of a fee payable by a registered higher education provider under this section may be calculated by reference to costs incurred, or to be incurred”—


so you do not even have to incur it yet—

“by the body in the performance by the body of any of its functions under this Act which are unconnected with the provider”.

My amendment would replace “unconnected” with “connected”. This is quite typical of a number of statements in the Bill to which amendments have been tabled already; it implies a degree of freedom for the regulator or designated body to impose fees of any sort or level, without any requirement that the necessity or even the link to the provider being charged be demonstrated.

It would be entirely possible for the Government, without losing sight of any of their major objectives, to go through the Bill and change these extraordinarily open-ended invitations to levy a charge for something that we know not what. It starts to sound something like the South Sea bubble. With a regulator or an official body, it is very important that the nature of fees, like the nature of information, be very clear, and that there is not an ambiguity in the legislation about the ability of organisations that rest on statute to be able to levy charges that are not in any sense proportionate to the activities or what is required of the individual provider. I would be very grateful if the Minister could come back to us on that.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, the amendments in my name are relevant to the points that the noble Baroness, Lady Wolf, has just made. I am concerned with the scope that the OfS has to levy charges on the sector; effectively, it is a provision to tax the sector for unlimited purposes, which are not clear, and there needs to be some mechanism of control and full consultation on any proposed charges. Just as regulators impose limits on rises in fees on institutions in line with the cost of living, similarly the regulators should be under an obligation to try not to put up their charges on the sector above the rate of increase that universities can themselves charge.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern
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I think that I am right in saying that some years ago it was decided that a statutory authority did not have power to charge fees unless it was expressly conferred on the body in question. As the noble Baroness said, this is the authority for this fee, so it is exceedingly important that we see that the authority is limited to what it ought to refer to. How exactly it should be dealt with in relation to unconnected matters strikes me as a little strange. I cannot see exactly why something completely unconnected should be regarded as something on which you can reasonably charge other people—taxpayers, or people applying for help.

The noble Lord, Lord Watson of Invergowrie, said that there was no reference to employees in this Bill, but I found one—and I found it a little unsatisfactory, and tabled an amendment to deal with it, Amendment 492. In a moment of reflection, he may see it and come to my help.

Higher Education and Research Bill

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Lord Storey Portrait Lord Storey (LD)
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My Lords, we have Amendment 477 in this group. As we have heard in great detail from the noble Lord, Lord Patel, the Bill currently provides that in appointing members of UKRI, the Secretary of State must,

“have regard to the desirability of the members including at least one person with relevant experience in relation to at least one of Wales, Scotland and Northern Ireland”.

We do not believe that this is good enough for UKRI to be properly representative of the whole of the UK. There should be a proper representative for each of Scotland, Wales and Northern Ireland, and Amendment 477 would ensure that there will be at least one person with experience of Scotland, one person with experience of Wales and one person with experience of Northern Ireland. Although the issue of gender balance is not in the amendment, I am sure the Minister would want to reflect on that—that seems to be the word of the day—and assure us that consideration will also be given to ensuring that there is a proper gender balance.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, the amendments raise important issues. I would like to bring to them my own perspective as pro chancellor of Lancaster University, not speaking for the institution but talking about how it strikes me that these issues concern us, thinking about the strength of the university sector in the north of England.

The fundamental problem with UKRI—on the whole I support the idea of UKRI, I hasten to add—is that the research and innovation strategy concerns the whole of the UK but the HEFCE functions on research are purely for England and are to be exercised by Research England. My fear about a board that, like that of the BBC, had a governor for each of the nations would be that the interests of England in such a body might not be as strong as they should be, and, in particular, that Research England and its funding might over time be marginalised as a result of the emphasis on the UK.

The funding for Research England is absolutely crucial to institutions such as my own. We are a top research university but not part of the golden triangle. We are in the north of England and we are quite small. So, because of scale, the ability to land big grants from the research councils is limited. A lot of our research success comes from the ability to do well in the research assessment exercise and get QR funding. If there were any reduction in the total of QR funding, that would hurt universities such as my own quite considerably.

I am concerned about the tension—it is in the nature of the beast, really, and we have to find a way of resolving it—between Research England, its Englishness and the need for that to be protected on the one hand and, on the other, the need, which I fully support, for a coherent UK research and innovation strategy. I am not sure that the best way of achieving it is by having, as it were, a governor for each of the nations of the UK. Indeed, if that were the Government’s response to this question, I would come back and say, “Well, can we please have a north of England member of UKRI?”.

I know that this sounds sectional, but the truth is that one of the strategic objectives that the Government have just put forward, in the very good industrial strategy paper that Greg Clark has presented, is to try to prevent the ever-greater concentration of research funding within the golden triangle. If we are going to have an effective regional resurgence, which I think there is cross-party consensus that we need in this country, universities will be at the heart of it. We have to find a way of making sure that other parts of England, as well as Scotland, Wales and Northern Ireland, have the opportunity to benefit from this welcome increase in research and innovation funding. To be frank, the risk with UKRI is that it will be dominated by the great and good of the science world, who will continue to channel most of the money into the golden triangle. I hope that the Government will take action to make sure that this is prevented.

Lord Judd Portrait Lord Judd (Lab)
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My Lords, as somebody involved in the governance of Newcastle and Lancaster universities, I must say that in Lancaster we regard ourselves as extremely fortunate to have as pro chancellor my noble friend Lord Liddle. I was present at the meeting on Saturday when he made a terrific contribution and people listened with real sincerity to what he said.

There is a lot of importance in the point that the noble Lord just made about the north of England. If there is to be a regeneration in the north of England, the universities will be crucial to this. It is therefore essential that we ensure that we stop talking about regeneration in general terms and start doing concrete, specific, identifiable things to support that regeneration. This area is one that will obviously be crucial.

What attracted me to this particular amendment is that, as someone who is both a Scot and an Englishman—my mother and my brother were both at Scottish universities—I am very conscious of the high-powered and distinguished contribution that has been made by universities in Scotland, Wales and Northern Ireland. It seems to me quite extraordinary that we should not as a matter of course say that that tradition and wealth of experience should be represented in the governing councils—as of right and as essential. That is very important.

If what I have been saying about regeneration in England is true, we are also these days discussing the need and importance of a greater sense of cohesive community in the devolved parts of the United Kingdom. We need to show that we are serious about this where it matters. The amendments help in that respect. It is very difficult to look at the Scottish universities, for example, and not see the whole story of the British industrial revolutions of the future. They have made profoundly important contributions, and continue to do so.

I do not know intimately, or so well, the story in Wales or Northern Ireland, except that I know that it is powerful. There is an area that is not central to our immediate considerations, but perhaps it should be. One of the things that I have always been struck by in Wales is that Aberystwyth was the first university in the United Kingdom to make the study of international relations and international affairs a recognised, serious degree and postgraduate subject. That has been terrifically important in our history.

I thank the noble Lord, Lord Patel, for introducing the amendment, and I hope that the Minister will take it very seriously.