Higher Education and Research Bill

Lord Lucas Excerpts

Committee: 4th sitting (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

This is TEF’s second year yet there remain serious doubts about the metrics and the grading, as well as fears about the reputational risk of getting this wrong and the financial consequences if the system deters students rather than highlighting areas for further improvement. There must be a more imaginative and less risky way of achieving the Government’s admirable objective of recognising the highest teaching quality, so would it not be equally wise for the Government to establish confidence in the system, evaluate it and see whether it is achieving its objective before deciding that reputations established with such commitment, effort and undoubted excellence over the last 10, 20, 30 years can be destroyed by a broad-brush, rather simplistic judgment?

[Lord Lucas (Con)]

My Lords, I agree with a great deal of what the noble Baroness, Lady Warwick, said. I am a thoroughgoing supporter of getting more information out there to enable students to evaluate the quality of teaching that they will experience at university. We have allowed things to drift a long way in the wrong direction. However, the idea that by waving a wand we should decide that 80% of British university education is sub-standard and promulgate that across the world on the basis of a collection of experimental and rather hard-to-understand metrics just seems to me daft. It is not really helpful to anyone. All we are doing is “dissing” these universities. We are not enabling anyone to choose them. If someone is choosing a university, they will look at what is going on on a course. They will not experience the university quality of teaching; they will experience what is going on on a course. That is the level at which they need data. Nor do they need the Government to say, “This is a bronze-level course”. They need the data to make their own judgment because different things matter to different students. Some students want strict, hard teachers who will push them to do well, others want someone who will get them excited about a subject and will be a source of inspiration—I imagine the noble Lord, Lord Desai, is like this—and will drive students to work extremely hard in their own time. Different students need different things. What we need is a lot of information so that students and those who advise them can make up their own minds. In that context, the amendment of my noble friend Lord Norton is a great deal better than any of mine. My noble friend’s Amendment 177 seems to me the right way to go.

I support what my noble friend Lord Willetts said: this is experimental. We need to go on down this road and have the courage to continue. However, we should recognise that this process is experimental and that we have not yet got to a point where we know that we are defining quality in the right way. It is a very difficult area to assess. On the basis of students’ experience of only one course at one university, how do you compare whether the teaching on the engineering course at Loughborough is better or worse than the teaching on the engineering course at Oxford? They are different kinds of students with different predilections on two excellent courses, but how do you compare them on a single measure? It is very difficult to understand how we get to that point or what we should be doing with that information. None the less, we want to drive up the quality of teaching and make progress in that direction.

There seems to be a wish on the Government’s part to incorporate some measure of teaching quality in their decision whether to allow a university to raise its fees. That seems to me fair enough. However, if there is to be a collection of metrics for that purpose, they should be used for that purpose. We should not try to use a set of metrics for that purpose and at the same time say that they reflect the quality of the student experience or decisions that students should make. In its dialogue with universities the department should use its own process in arriving at a decision; it should not publish its decision as if something that was good for setting fees was good for telling students what decisions they should take.

The noble Baroness, Lady O’Neill, says that there are metrics we could use. Yes, absolutely, there are things with which to experiment. If I think back to my own university days, attendance at courses rather depended on the timing of boat club dinners and whether I was supposed to go to something the following morning. I am not sure that that should reflect on the mark given to my teachers, whoever they were. So let us aim at something that encourages the creation of metrics and their publication. Let us make sure that these metrics cannot be summarised by the Government at the level of course, let alone university. It should not be the Government’s purpose to arrive at verdicts based on difficult-to-interpret information; it should be something they allow other people to do and make the best of. We certainly should not allow the Government to use these metrics for anything to do with immigration. I still remain entirely in the dark as regards the Home Office’s intentions. Let us see what response we get from the Government and be firm in our resolution not to let this measure through as it is.

[Baroness Cohen of Pimlico (Lab)]

My Lords, I remind the Committee that I am chancellor of the biggest private for-profit university in the country. We gain high marks in student surveys and in terms of employability. However, we regard both these things as at best very partial measures—student surveys, for all the reasons adduced by other Members of the House, and employability because we teach subjects, mostly law, accountancy and nursing, in which employability is slightly easier to expect. However, as part of getting degree-awarding powers, which took us four long years, we were assessed by the QAA. One of the things that was assessed was teaching quality. People who knew what they were talking about in terms of teaching quality, including from the Law Society and the Bar Council, sat in on lessons to see how we taught. When our licence was renewed in 2013, the whole thing happened again: people sat in on lessons and lectures to decide how well we were teaching. We passed with a very high standard. That might be the ideal supplementary measure because it is objective and is done by people who know what they are looking for. With the best will in the world, I do not think one can suggest that students, with their somewhat partial attendance, know what they are looking for. We need people with experience of teaching who know what they are looking for.

That leads me to the observation that the figure of 400 new entrants strikes me as amazingly high. The QAA says that it has passed through somewhere between 60 and 70 of us for degree-awarding powers since 2005, not more than that. Some of us have the title of university, some do not. These figures suggest to me that a much smaller number of higher education providers are outside the university sector than I thought. I wonder whether teaching quality assessment might not turn up as part of the duties of the new quality assessment committee, which appears later in the Bill. Might that not be part of its task, so that you have one expert assessment as opposed to the various useful consumer-type assessments which come from students liking and understanding what they are doing and getting jobs? I do not suggest that we should avoid those elements—they are excellent measures—but we need something objective as well to be sure that we are being fair to all institutions and that teaching quality is assured. I would like to come back to this later in the Bill.

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[Lord Lucas]

My Lords, my noble friend made a statement of the Government’s policy regarding overseas students which was fuller and stronger than I have heard from anyone else—on which I congratulate him. Can he confirm therefore—it would be consistent with what he said—that the Home Secretary has now taken a step back from the remarks she made in her speech to the Conservative Party conference, and in particular the ones that implied she would reduce the number of students by refusing lower-quality courses, as she described them, the right to take overseas students?

On gold, silver and bronze, my noble friend is somewhat confused as to the effect of these things. As the noble Lord, Lord Desai, and others pointed out, bronze is only valuable because so many people get worse. Under the old Ofsted rating system of outstanding, good and satisfactory, it was quite clear that “satisfactory” meant “avoid at all costs”. It was the lowest rating you could get above absolute disaster. That is the way it was perceived.

Although we in this country may manage to give things time, see them in perspective and understand why it is worth sending our children to a bronze institution, it would be extremely hard for agents overseas to do so. We will be competing with other countries which will not hesitate to ask, “Why are you thinking of sending this child to a bronze institution when we in Canada”—or Australia or wherever else—“can offer them a top-quality institution doing the same course in the same subject?”. It would be really damaging.

It is also unnecessary, because it is not valuable information for a student. It is the Government’s conclusion, but what is important is the students’ and their advisers’ conclusion. The way in which the Government choose to balance particular elements of their assessment of quality do not bear on the decision that an individual student may take. That must be a matter for individual decision. We should publish the information—absolutely—but not some arbitrary percentage. Someone in the Civil Service or in some committee may decide that only 20% of our universities are excellent. At least with Ofsted there are criteria that can be relied on. This will be damaging and will hurt one of our great industries. It is not based on anything useful or on fact, but it will be treated as if it is.

[Lord Watson of Invergowrie]

My Lords, the noble Lord, Lord Lucas, mentioned, as have many other noble Lords, gold, silver and bronze. At last year’s Olympic Games an event at which many British athletes and Paralympic athletes won medals was swimming—we won many gold medals, many silver and many bronze. The Minister must be in line for a gold medal at swimming because he has been facing a torrent against him throughout the debate. He has been swimming manfully but has not made very much progress.

By my calculation, some 13 noble Lords have spoken in the last hour and 52 minutes. Of those, all were in favour of improving teaching quality, as you might expect, and of having a teaching excellence framework in some form. As all noble Lords have said, we welcome the role of Chris Husbands in developing it. However, with the exception of the noble Lord, Lord Willetts, we all believe that it cannot be delivered in the form that is proposed—and even the noble Lord, Lord Willetts, could muster no more enthusiasm for the TEF than to say that the current metrics are not as bad as claimed. That qualifies as faint praise.

Many noble Lords also spoke against the link between teaching quality and fees in principle, and more spoke in favour of rating on a basis other than the gold, silver and bronze. The noble Lord, Lord Lucas, quoted someone in Canada, looking at British institutions and spotting a bronze and thinking, “Why would I advise my son or daughter to go there rather than an institution in Canada because it is only a bronze?” The point is that the bronze institution in the UK could well be better than the institution in Canada, but the perception will not be that. Perception consistently outranks fact, and that is the big danger in the three-tier system being advanced by the Government.

I wish to make a serious point about two of the contributions in the debate—those of the noble Baroness, Lady Deech, and my noble friend Lady Warwick. Both highlighted and made powerful points on social mobility and the effects that the Government’s proposals not only could but almost certainly will have. I quoted Cambridge University in my opening remarks; that has the same fear. The Government claim to be committed to improving social mobility although some of us are unconvinced. That view is reinforced by the fact that the Minister, very disappointingly, failed even to mention social mobility in his reply. In his own terminology, he needs to reflect on that matter before Report.

In his response, the Minister referred to linking fees to quality of teaching but did not say how that would be achieved. That is the main reason for noble Lords’ opposition to the link. My noble friend Lady Cohen said that objectivity is the key here. That is what is required, and it is a quality that is lacking in the metrics as they stand at the moment.

The problem of rating on the basis of institutions has also been highlighted. The Minister said that, at the moment, the Bill allows for the scheme to be developed at institutional level and then at departmental level at some point in the future. The question mark is how. If the ratings are to be made on a departmental or faculty basis, how can you avoid, ultimately, differential fees being charged within institutions if the Government truly believe in that link? That certainly is not a road we would wish to go down. The bottom line here is that the Government need to build confidence within the sector that the path they are going down is one that will improve the sector’s quality and sustainability, particularly with so many new operators arriving.

My noble friend Lord Desai asked whether anyone would fail the exam. The Minister could not bring himself to admit it, but unless he believes that all institutions will be capable of being rated gold, the answer can only be yes. That is why our Amendment 195 recognised that fact and advocated a simple pass/fail rating. That way, every institution knows where it stands—as does everyone outside it when making their decisions. That is something that those looking at a course at a university have the right to have available when they make their choice.

I suggest that the Minister will need to come to terms with the fact he is not carrying noble Lords with him. I suggest he will need to change his position substantially before we come back to this matter, which we undoubtedly will when we next discuss it on Report. On the basis of an invigorating and very useful debate, I beg leave to withdraw my amendment.

Higher Education and Research Bill

Lord Lucas Excerpts

Committee: 4th sitting (Hansard - continued): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, I will be brief. Although the phrasing of the amendment is quite broad, the intention behind it is relatively straightforward and quite narrow. In keeping with earlier debates that we have had in Committee, our feeling was that we should do all we can to make sure that those who have a commitment to extend access to higher education to as many people as possible would share the view—I think the Government also share it—that there would be value in having a more flexible system that would, in particular, include more part-time students. It therefore seemed that there was a bit of a gap, which this proposed new clause is intended to fill. With regard to access and participation, there would be a duty on the OfS to make sure that the system of admissions ensured that those who wished to apply for university were fully apprised of the fact that there were alternative models for how they pursued their higher education careers. They should think in terms of part-time or flexible courses, since that might be in some ways better than trying to do a full-time, three-year course immediately after leaving school.

I am sure that that is in the Government’s mind and that they would accept that the underlying thinking behind this is right. The amendment may not be the best way of providing this, but I thought it was worth putting it in as a probing amendment to make sure that we get on the record the Government’s commitment to this type of approach and to the idea that the architecture of regulatory and other bodies involved in the process has this as part of their thinking. I beg to move.

[Lord Lucas (Con)]

My Lords, I am happy to support the noble Lord, Lord Stevenson, on this amendment. It is only the OfS that will do these things when they need doing and keep an eye on them, and it ought to be part of what it is meant to do. It is far too easy for schools, colleges and universities to continue with their current practices and to grouse about what is happening. However, no individual or small collection of individuals ever has sufficient incentive to kick against the current system and to try to get a motion for change going. An example of that is post-qualification admission. I speak to a lot of schools, and a large number of them would like to move to post-qualification admission. Nothing will happen unless the OfS or a similar body decides to take a look at it. I hope that my noble friend can reassure me that, should the OfS or the Government wish to take a look at these things, they can do so without any powers beyond those provided in the Bill.

[Baroness Garden of Frognal (LD)]

My Lords, I support both the amendments in this group. I think that the arguments for post-qualification admissions are very strong and need further review. I would also welcome a mention in the Bill of part-time and mature students, who deserve to be given full consideration and are too often overlooked. I think that there is merit in both the amendments.

[Baroness Goldie]

My Lords, I thank noble Lords for tabling a set of amendments relating to admissions. By way of preface, I listened carefully to the points made previously by your Lordships about the importance of retaining the independent and autonomous state of higher education providers. Noble Lords will recall that I yearn to see something comparable in Scotland, but I am afraid that we have lost that.

One consequence of independence is that providers are then responsible for their own admissions decisions and, rightly, government has no power to interfere in this area. Universities are best placed to identify the candidates with the talent and potential to succeed at an institution or on a particular course, and the Bill makes it clear that this will continue. Indeed, Clause 2 ensures that the Secretary of State must have regard to the need to protect the freedom of higher education providers to determine their own admissions criteria. Clause 35 carries forward an important requirement from existing legislation that, like the current Director of Fair Access, the OfS will have a duty to protect academic freedom and institutional autonomy over admissions.

No doubt concerns would be raised across this House and the sector about the OfS overstepping its powers if a requirement regarding admissions were included in the Bill, and those concerns would be justified. The OfS will, as part of its broader duties, want to look strategically across the HE sector and to consider the implications arising from the admissions cycle. However, we would expect the OfS to work with bodies such as UCAS to ensure that the right information was available to inform a broader picture.

UCAS is a charity, established by HE providers, with a clear role in university admissions. It can and already does undertake and publish reports into admissions on behalf of the sector. Through the Bill we are introducing a transparency duty on registered HE providers, requiring them to publish application, offer and drop-out rates broken down by socioeconomic background, ethnicity and gender, and to provide the OfS with these data.

My noble friend Lord Lucas raised post-qualification applications—an issue that has been around for a number of years. As I said earlier, the autonomy of institutions in relation to admissions is enshrined in law. The current system has many strengths, including that prospective students can apply after they have their results, through clearing.

UCAS conducted its own review of the introduction of post-qualification applications and gave a clear recommendation not to move to this system. Should further investigation of the system be desired, it is for higher education providers to instigate it. The OfS could potentially be involved, but I suggest that such a requirement should not be set out in legislation.

The Government agree that part-time and adult education bring enormous benefits to individuals, the economy and employers. Our reforms to part-time learning, advanced learning loans and degree apprenticeships provide significant opportunities for mature students to learn. Allowing new providers to enter the system should result in greater choice of HE provision for part-time and distance learning, which can greatly assist mature learners. Under Clause 2, when carrying out its functions the OfS has a general duty to have regard to the need to promote greater choice and opportunities for students, which would include more choice and opportunities with regard to part-time and mature provision. However, it is important that we keep the duties of the OfS broad and overarching so as not to overburden the organisation and so that we can enable it to function efficiently and flexibly.

Having regard to what I have just said, I very much hope that the noble Lord will feel able to withdraw Amendment 128.

[Lord Lucas]

My Lords, I am sorry that the Government take the attitude they do to post-qualification admission. It seems to me that this is something in which schools and students should have a voice and that it should not be entirely down to universities. It distorts school education very substantially and therefore I think that it is not only the interests of universities that should be taken into account. However, I accept that the Government think differently.

Since the noble Baroness is in the business of dispensing bad news to me at the moment, can she confirm the rumour that we are to sit well past midnight on Monday?

[Baroness Goldie]

I have always regarded the noble Lord as my friend and I shall do my best not to alienate that happy relationship. Your Lordships will be aware that this is very significant legislation— I understand that it is unprecedented in terms of amendments. Although I have no precise timings for Monday, it may help your Lordships to know that I am given to understand that we can anticipate a long sitting, but until when, I cannot be precise about.

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[Baroness Garden of Frognal]

My Lords, I support the right reverend Prelate’s amendment. We hear increasingly of mental ill-health and stress among students, so building in provision for them would be helpful.

On Amendment 138, as the noble Lords, Lord Stevenson and Lord Norton, have said, it seems strange not to have such a provision in the Bill. I see in the guidance notes that the wording is not quite the same, but these same provisions have been put as “the measures for a protection plan could include”, so there seems no reason why there should not be the extra assurance of having these measures spelled out in the Bill.

[Lord Lucas]

My Lords, we are surely clear that the route that we are going down will mean that institutions go bust and find themselves unable to function. My noble friend the Minister said in one of his replies to me on Monday that information as to whether a university was getting near the borderline, in terms of having the ability to admit overseas students removed from it, would be concealed. So we must expect students to be faced with the closure of their courses at short notice, and we must expect the institutions running those courses to be completely incapable of helping them.

In those circumstances, we need what my noble friend Lord Norton of Louth has proposed, which is a mutual scheme. That must have the ability to organise for the courses to happen—so it must have money and it must have agreement that room will be made for students. It must have enough leverage to deal with the Home Office, because any student who is looking at an extended time here to complete a course will be in real trouble—returning home; six-month waits—trying to organise extensions. It is difficult enough for a student at Imperial who needs an extra year for his PhD; it will be extremely difficult for students in a failed institution. We need some money, some clout and some organisation behind this. If it is not to be the sort of structure that my noble friend proposes, my Amendment 163 would dump the obligation to look after such students on the OfS—but it has to be somewhere.

[Lord Willetts]

My Lords, I welcome particularly the amendment proposed by my noble friend Lord Lucas. The official doctrine has always been that a university can go bust, but I was never able to contemplate the political feasibility of a scenario where a padlock is swinging on the gates of a university, with a group of students outside desperate to go in for their history lectures and being told, “I am terribly sorry; we’re closed”, while tumbleweed blows through the campus. Indeed, Margaret Thatcher faced this in 1985 in Cardiff. She was not willing to allow University College, Cardiff to go bust. I think that we can accept that we are functioning in an environment where in reality it will be very hard just to say, “Bad luck. You’ve done 18 months of a course and it’s come to an end”.

The question is how one should address that, which gets to the heart of some quite important issues in the Bill. There has been a fashionable doctrine for a few years of the ABTA solution—and some kind of scheme like that could be made to work—but in my experience the closest we got to this problem was clearly HEFCE. It was acting as the co-ordinator, organiser and convenor. It might have been that students had to be located at several other universities and it would get different universities to make their contributions so that students would be educated. If we get into such a scenario—my noble friend Lord Lucas is absolutely right that we have to contemplate it—it is very hard to see how it could be resolved without some convening power for the OfS, which, as I have said in other contexts in this Committee stage, is in many respects the son of HEFCE. A lot of our problems will be resolved if we think of it as the son of HEFCE. My noble friend’s proposal to make it clear that there is some legal responsibility for OfS must be an important and credible part of any solution. It is not credible to imagine that the matter could be addressed via an ABTA-type scheme.

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[Lord Stevenson of Balmacara]

I have to say to the Minister, who cannot see behind her, that her noble friend was not looking that reassured.

[Lord Lucas]

No, I do not find myself reassured. I very much hope my noble friend may be able to write to us. The sort of protection plan she is talking about is starting to look extremely expensive. Are they going to hold a year’s fees in reserve? If we do not have some kind of mutual arrangement, each course will have to look out for itself; that is going to be extremely expensive and make new initiatives very difficult to finance. I would really appreciate a properly worked example of what happens when a university ceases to trade at relatively short notice.

[Baroness Goldie]

I am very happy to undertake to write to my noble friend. I have so much of interest to tell him that it will be a long letter.

Higher Education and Research Bill

Lord Lucas Excerpts

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

[Lord Lucas (Con)]

A couple of my amendments have washed up in this group. Amendment 192 asks whether the OfS will be able to collaborate with other organisations, for instance, the Times Higher Educational Supplement, which is also involved in rating universities in this way. It seems foolish not to be able to use the work that these organisations have done or, indeed, to share intelligence with them to enable them to do their job better.

The second amendment picks up a point made by my noble friend Lord Willetts. I want the OfS to be able to prompt discussion on the system of degree classification in the UK. The class of degree that people come out with from university matters a lot to them. The line between a 2.1 and 2.2 can have a very big effect on people’s careers. It is not at all clear to me that the system really operates in students’ interests so that someone with a 2.2 should be marked down to the extent they are in terms of employment. We have to have a nationwide conversation on this. Since the universities have not prompted it, the OfS should be able to prompt it. It would be a valuable thing to do. It should not be able to impose an outcome but we ought to have a serious conversation. There are obvious disadvantages in the system we have; I am not saying that I know of a better one but we ought to review it.

[Lord Stevenson of Balmacara (Lab)]

My Lords, this has been a good and useful debate about, as everyone has said, important issues which at the moment are not as well established as they could be in the Bill, so I hope there will be an opportunity to return on Report to get them better organised. I do not think that any one of the amendments in this group, with respect to those who have tabled them, takes the trick. This also has to be interfaced back to what we will decide to do on institutional autonomy, which to some extent is the other side of the same coin.

As the noble Lord, Lord Smith, said, the two contributions from the noble Baronesses, Lady Brown and Lady Warwick, gave us a real insight into the difficulties that will arise if we do not get this right. I do not want to be too critical of the noble Lord, Lord Lucas, who is doing his best to raise a series of interesting questions, but Amendment 192 refers to making arrangements for the rating of the quality and standards of higher education. That is exactly the problem although I agree that the amendment is more subtle in some ways. If we do not approach this with real intelligence about how we use the two terms we will run into difficulty as we go further down the track. That being said, I understand where the noble Lord is coming from. We will probably have to come back to some of the issues that he raises at a future date.

I shall speak briefly to our Amendments 131 and 136. Amendment 131 is an attempt to try to ensure that in a particular part of the Bill, in assessing the quality of higher education providers as a whole—I am not talking about the individual quality; I am falling into my own trap here—there has to be a robust system to get people to a point at which they can be registered as higher education providers. Those systems must include a consideration that the provider has in place appropriate standards that they may apply. I apologise for the typo in the last line of the amendment which should read “providers”.

Amendment 136 tries to give a slightly more detailed interpretation of what a threshold standard is and relates it to,

“a student undertaking a higher education course provided by it, is sufficient to merit the award of a degree or other higher qualification”.

I agree with all noble Lords who have said that the breakdown here is between the sector, which is responsible for the threshold standards, and the necessary quality assessment, which should be done by an external body—it is currently done by the QAA. I also accept, as the noble Lord, Lord Willetts, and others have said, that the QAA has a very important role, which we will be revisiting in relation to establishing the conditions under which a body gets on to the register, therefore becoming a higher education provider, and is eligible for access to student support.

Listening to this debate, I was struck by two things. First was the sense that we are all grouping around a particular area which needs to be unpicked. As I said, no one of these amendments does it exactly, but we know what we are looking for. Secondly, the Government need to signal—if they can—their willingness to look at this again on Report. I welcome what the noble Viscount said in his opening remarks: there will be a statement or a further chance to come in and discuss how we are going to make sure that, as it leaves this place, the Bill has appropriate wording for institutional autonomy, which is at the centre of all we are discussing.

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Moved by

[Lord Lucas]

68: Clause 2, page 2, line 31, at end insert—
“( ) All bodies on which the OfS places responsibility for the execution of its duties shall be open to and governed by all classes of registered higher education providers, and all individual registered higher education providers shall have a role in choosing who on each such body’s board is chosen to be representative of them.”

[Lord Lucas]

My Lords, Amendment 68 seeks to make sure that bodies on which the OfS places responsibility under the Bill are truly representative of all providers, which has not historically been the case for higher education bodies. I beg to move.

[Baroness Goldie (Con)]

My Lords, I expected full-blooded and voluble contributions from all sides of the Committee. I realise that noble Lords are accustomed to the courteous, urbane and patient demeanour of my noble friend Viscount Younger, and I appreciate that my appearance at the Dispatch Box may cause a slight frisson. Let me reassure noble Lords that, while I may not be able to match my noble friend’s skills, I shall do my very best to emulate his virtues.

By way of preface, although not a current, registerable interest, I served for many years on the court of my alma mater, the University of Strathclyde, of which institution I am an honorary fellow. I also spoke regularly in the Scottish Parliament during the passage of the Higher Education Governance (Scotland) Act 2016. I have to say that, in my opinion, that was an unwarranted, intrusive and unnecessary piece of legislation, which I voted against. By comparison with that inedible fodder, this Bill is to me haute cuisine. I realise that some noble Lords may have a different dietary definition, but I think that, in contrast to the position in Scotland, this Bill is trying to offer, frankly, 24-carat gold standard protection for university autonomy.

I turn to the amendment in the name of my noble friend Lord Lucas. I am very sympathetic to the issues raised via this amendment. The OfS will be introducing a new regulatory system that will govern all types of provider, from our longest established universities to those new providers joining the register for the first time. It is essential that the OfS’s systems are fit for purpose and also understand the needs of all types of providers. In operating a single register for all HE providers, the OfS will have a duty to ensure that its regulatory systems, and those involved in running them, fully take account of the diversity of the sector and the full range of different HE providers. This will be a responsibility of the OfS board, which will include representatives of a diverse range of HE provision.

We recognise the need to ensure that any bodies which might be appointed to carry out functions on behalf of the OfS are truly representative of the whole sector. That is why we have made it a mandatory condition of designation for the designated quality and data bodies that they be able to represent a broad range of registered HE providers. This is fundamental, because there can only be meaningful, representative regulation if all parts of the sector are involved. This amendment is therefore not required to embed the principle of sector representation into the working of the OfS via its partner organisations, and I respectfully ask my noble friend Lord Lucas to withdraw his amendment.

[Lord Lucas]

My Lords, I am grateful for the comfort which my noble friend has given me and I beg leave to withdraw the amendment.

Amendment 68 withdrawn.

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Moved by

[Lord Lucas]

89: Clause 8, page 5, line 39, at end insert—
“( ) a condition that requires the governing body of the provider to collaborate with other registered higher education providers and with the OfS in the evaluation of elements of, or proposals for elements of, access and participation plans, and the publication of such evaluations.”

[Lord Lucas]

My Lords, I shall also speak to the other amendments in this group. All have to do with collaboration and my wish that the OfS, in the structure of the Bill, should be able to generate collaboration between universities. The first area, in Amendment 89, is in access plans. Universities spend a lot on encouraging access, but they do not do so in an evidenced or collaborative way. For instance, it was in the papers yesterday, I think, that Oxford is still spending £12 million a year on bursaries, which has been shown to be the least efficient way possible of encouraging access. I have seen several examples of projects which do not have any form of evaluation at the end.

People commonly comment that we do not seem to be generating best practice, learning from it or spreading it. That is a great waste of money, which we are extracting, mostly, from individual students as part of their fees. Now that we are taking control of this process through the OfS, we ought to have much greater stewardship of the money that is being extracted from students, and make sure that it is being spent effectively. To my mind, the OfS should be responsible for making sure that that happens and it does not happen, in my experience, at the moment.

The second area, in Amendment 91, is the GREAT campaign. This was one of the innovations of the 2010 Government and has been, to my mind, a great success in many areas, but it has been half-hearted in knowledge and education. The principal reason for that has been that universities and schools have not collaborated to nearly the extent that they should have. The strong go out and market on their own name; the others are reduced to using agents that the British Council no longer controls properly. Particularly after Brexit, we need a much stronger and more co-ordinated effort to establish the value of British education. I would like to see universities wholeheartedly collaborating with this—and with a degree of compulsion, if my amendment is encouraged—to say that, yes, they all have a role to get students for themselves but they also have a role to promote British education as a whole as they do it, and to collaborate with what we are doing to promote British education.

Amendment 92 requires that the OfS be allowed to communicate with current and former students of providers. If we are to build something worth while out of all the work we are doing in the universities, as a basis for trading worldwide and for our relationships, a modern way of doing that would be through an electronic network. To build such a network, we must have contact with, or a means to communicate with, the people we wish to be members of that network. Yes, of course overseas students who have been to a particular university may well be cultivated by that university, to some extent to extract money from them but also to communicate with them. However, it ought not to be a separate system of 100-plus individual providers—or, if we take all the higher education providers, rather more. We ought to support all our graduates in China as a network of our Chinese graduates, giving them access to similar networks elsewhere in the world and to the network in the UK.

The difficulty with trying to run such a thing over LinkedIn is that you do not know who people are and you do not know who to trust. A network we ran on the basis of who had been to our universities would be much stronger and would have a strong community of values in that everybody in it would have been through the same long experience of receiving a university education in this country. It would form a great basis for international trade over the years, providing strength to us but also to them. Much more than just the education in this country, they would have a lifelong connection with each other and with this country, which would serve them well. To do that, we have to be able to require higher education providers to allow the Government, through the OfS, to communicate with their students; obviously not to extract their details willy-nilly against the Data Protection Act but to require the higher education providers to communicate with their students and say, “The Government would love to involve you in this new network they are building. If you want to join, sign here”. That is an important thing to do. We need somewhere in the Bill the ability to give the OfS the permission to require higher education providers to communicate with their students on behalf of the Government or the OfS.

On Amendment 93, we do not have the information we should on destinations after university. We make attempts to do it; we have a six-month survey, which is sort of complete, and we make various attempts to sample what is happening later in life. We need to do better than that, and for that we need universities’ collaboration. To understand where each university course leads is an important part of informing students what is going on.

Lastly, Amendment 445 picks up the Student Loans Company as a source of ways of communicating with domestic students. That is to some extent an adjunct to the earlier amendments but it is also a proposal made by the Higher Education Policy Institute as a way of improving our student loan recovery from people who have gone to work overseas. They instance the experience of New Zealand as a country that has instituted a similar system and has found that its recovery from graduates who are now overseas has been much better since they have had this kind of access.

I hope the Government will take all these amendments positively, because they lead to positive results. I beg to move.

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[Viscount Younger of Leckie]

My Lords, this group of amendments relates to collaboration across the higher education sector. I thank my noble friend Lord Lucas for highlighting these issues and for allowing this short and interesting debate. I value his knowledge in this area and, should he wish, I would be happy to meet him to discuss these matters further. I reassure him that the Bill does not preclude collaboration on any of these important issues, which I suspect he knows. The Government support collaboration where it is in the best interests of students and where it is not anti-competitive. Furthermore, the OfS has specific duties to promote quality, choice and equality of opportunity. If it considers that promoting collaboration is necessary to achieve these aims, it has the capability to do so.

I will take each of my noble friend’s amendments in turn. He draws attention to the importance of collaboration to evaluate access and participation proposals. I reassure the House that the Government absolutely agree with the importance of widening participation, which will be a key part of the remit of the Office for Students. The new Director for Fair Access and Participation will be at the heart of the new regulator and will sit on the board. This reflects the high priority that this Government are giving to widening participation. The OfS will be able to use the information it gathers from access and participation plans and through working with higher education institutions and sector bodies to evaluate what works in widening participation, building on the good work already done by OFFA.

My noble friend also raised the need for collaboration between providers to attract international students to the UK. He mentioned the well-received GREAT campaign, which does an excellent job. The Government acknowledge that, as well as competing for individual students, the higher education sector has a shared interest in promoting the excellent education provided by our universities to prospective international students. Various sector bodies and mission groups already do an excellent job in promoting UK universities on the global stage and there are many instances of successful collaboration between providers. Furthermore, as the noble Baroness, Lady Brown, rightly pointed out, the British Council also plays an importance role in this respect.

The third issue raised by these amendments is the importance of greater collaboration to enable more effective communication with current and former students. Many universities already run effective alumni programmes. There are also a number of existing routes to communicate with current and former students, such as through the Student Loans Company—as my noble friend Lord Willetts said—and we expect the OfS to work in partnership to deliver effective communications.

The fourth issue is collaborating to keep track of former students’ locations and employment statuses. The Government appreciate the importance of monitoring the long-term outcomes for students finishing higher education. It is very much an important part of our reforms. The OfS will work with the designated data body and others to ensure appropriate data gathering. As your Lordships will know, there is already a graduate destination survey and we are developing the longitudinal education outcomes data.

I turn now to Amendment 445. As my noble friend Lord Lucas will be aware, the Student Loans Company administers student loan accounts in the UK. I am happy to reassure my noble friend that the SLC already shares information with other government departments where this is of assistance in recovering student loan debt. The Government also published the joint repayment strategy in February last year, which provides more detail of the work under way in this area. We do not believe that this amendment is necessary, given that other frameworks are in place for the SLC to share information where this is of assistance in recovering student loan debt. I thank my noble friend for allowing me to give, I hope, some reassurance to him on all his amendments and I ask him to withdraw this amendment.

[Lord Lucas]

My Lords, I am grateful to my noble friend for his answer and I will certainly take him up on his offer of a meeting between Committee and Report. To reply briefly to the noble Baroness, Lady Brown of Cambridge, I say that Cambridge is part of the United Kingdom as well as being a university with commercial interests and there are some things that one does because they are of interest to us all rather than just the interest of oneself. Responding to the need to boost the economy abroad, boost trade and improve our international relationships, we can all act as individual actors and say we will reserve to ourselves all our knowledge and skills or we can share them. This is a time when a certain degree of sharing is necessary and Cambridge and others should recognise that though they are grand and important and have great reputations they consequently have a great ability to contribute to the nation through sharing.

As far as my noble friend Lord Willetts’s remarks are concerned, we have just given the National Citizen Service the right to require HMRC to communicate with its customers on behalf of the National Citizen Service, so the precedent for allowing the Inland Revenue to send out messages has been established. We really ought to open up the Student Loans Company in the same way because we must surely be able to make great use of that kind of communication with the alumni of British universities. It is just communication. It is just sending out information. I will look further into the proposition that we do not need any help in improving our loan recovery rate from overseas students and I will incorporate that in my conversations with the Minister when we get there, but for now I beg leave to withdraw the amendment.

Amendment 89 withdrawn.

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Moved by

[Lord Lucas]

94: Clause 9, page 6, line 3, leave out “of a prescribed description”

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[Lord Lucas]

My Lords, I am afraid the Committee will get tired of hearing from me on this. This is all about information and Amendment 101, which would give the OfS the power to specify after consultation additional matters in which it thinks should require information, is perhaps the key amendment. It would give the OfS and the Government plenty of time for consultation and consideration before going down any of the routes I advocate in other amendments.

Amendment 94 picks up “of a prescribed description”. My experience in this area is that if you have differential requirements for information, anyone required to provide less information has an immediate commercial advantage and the people being asked for more information raise their hands and say, “We’re being asked to put ourselves at a commercial disadvantage”. This creates great problems. Everybody should be asked for the same information and then there is a level playing field.

Amendments 95 to 98 pick up the first of several areas in which the current practice of UCAS and universities greatly advantages well-off schools. There are a number of bits of knowledge that are not publicly released and not easily available but which schools with sufficient funds to research and preserve knowledge efficiently from one year to the next can use to advantage their students. One area is the month in which it is best to apply to a particular university course. It is supposed to be all the same but it is not. There are particular courses where applying early can raise an advantage; that should be known by everybody, not just by a few.

Amendment 99 is one of a number that ask for information from providers to allow the rest of us to understand what they are doing and to enter into an informed conversation with them about whether we might like things to be different. My particular interest in this area is with sexual harassment. I want to know what universities are doing to improve the situation they find themselves with—making sure that freshers’ week is civilised and that the relationship between the genders in university is properly respectful and understood to be so; and that all those who come to university with bad attitudes learned from schools that are not well organised and well set-up in terms of relationships between the genders have an opportunity to learn a proper way of going about things. The evidence on this is mostly from the United States, where it appears that about 40% of male students arrive at university with exceptionally disrespectful ideas of how to treat female students. I do not know the figures here but I imagine that they are not wildly different.

The recent work very courageously done by Imperial College on sexual harassment and gender relationships reveals that there is a lot of work to be done. There is scope for great improvement here. This amendment would apply also to such matters as anti-Semitism and homophobia and other aspects of the relationship between the members of the university community. The purpose of this amendment is to make sure that we get to a position where higher education providers regularly release information that is of use to prospective students but also to others concerned that we should see improving practice over time. Amendment 100 reflects that in the case of mental health.

Amendment 102 reflects it in the case of freedom of speech and academic freedom—not to give the OfS or anybody else the power to intervene but to make sure that we know what is going on so that we can be part of a conversation with academia about what should be done.

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[Baroness Goldie]

I hope that the noble Lord will permit me to respond to him in greater detail by writing to him.

[Lord Lucas]

My Lords, I am very grateful to my noble friend for her offer of a meeting. Of course, if any other noble Lord wants to attend that meeting, I should be delighted if they would let me know and I will make sure that that happens. For now, I beg leave to withdraw the amendment.

Amendment 94 withdrawn.

Higher Education and Research Bill

Lord Lucas Excerpts

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

Moved by

[Lord Lucas]

118: After Clause 9, insert the following new Clause—
“Freedom of information
The Secretary of State must use his or her best endeavours to ensure that all registered higher education providers are subject to the same freedom of information obligations.”

[Lord Lucas (Con)]

My Lords, although I am a thoroughgoing advocate of freedom of information, I am very conscious of what my noble friend Lord Willetts said shortly before supper: we must be careful of the degree and direction of obligations that we put on universities. This amendment is therefore very much phrased as not prescribing any particular outcome but saying that it must be equal. That is born of my experience, when, under the last Government, UCAS was deemed to have public functions and made subject to the Freedom of Information Act. I immediately requested some information from it and was refused, and went through the appeal procedure. The case having been ruled partially in my favour, UCAS went through two sets of tribunals, with QCs. It must have cost it about half a million quid to resist the commissioner’s attempts to pin it to the Freedom of Information Act obligations. That is perhaps why I reacted so fiercely to the noble Baroness, Lady Brown, when she quoted “commercial interests”. It was quite clear then that UCAS’s order of priorities was: first, making money; secondly, looking after the universities; and thirdly, the students. I did not think that was right and nor do I think it is right that universities put money first and other things second.

We are dealing—or ought to be dealing—with different kinds of institutions. On the bits that I did not get through the commissioner, some of which is information now being made available through this Bill, I failed because of the inequality of treatment of universities, which were subject to freedom of information, and other higher education institutions, for instance BPP, which were not. That inequality created a commercial tension between those who might have been asked to reveal information and those who were not subject to FoI, which prevented information being released under it. My recommendation to the Government is, whatever you do, do the same for everybody and then everybody has to comply. I beg to move.

[Baroness Garden of Frognal (LD)]

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.

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[Viscount Younger of Leckie]

I would be delighted to add that to the letter for clarification. These are complicated aspects that require proper clarification.

To complete my answer to the noble Lord, Lord Liddle, providers, as he would probably guess, will come in the future in many shapes and sizes. A one-size-fits-all approach to regulation risks would impose an unwarranted cost on smaller providers and new entrants that could stifle the positive effects of competition in the sector. The Independent Commission on Freedom of Information, chaired by the noble Lord, Lord Burns, concluded that the current application of the FoI Act is appropriate. It considered evidence that it may place traditional universities at a competitive disadvantage compared with alternative providers and found it unpersuasive.

In addition to comments made by my noble friend Lord Willetts, I thought that the noble Baroness, Lady Brown, put it rather succinctly. That backs up the equivocal aspect of this debate. I believe that there is a balance, and it has been helpful to have this discussion.

Given the importance of information to the effective regulation and scrutiny of higher education providers, we have introduced provisions elsewhere in the Bill to provide a high degree of regulatory oversight and transparency. For example, Clauses 8 and 9 would require the Office for Students to impose ongoing registration conditions on higher education institutions to provide it with the information it requires in order to carry out its functions and to publish specified information.

The noble Lord, Lord Storey, raised a point about information availability and I will attempt to deal with that. Through the Bill, we are making more information available to students than ever before, as I hope he will know. For example, both approved and approved fee cap providers will be subject to the transparency duty in Clause 9, which we discussed earlier in Committee, and the TEF will make much more information available for students. With that, I hope that my noble friend will agree to withdraw his amendment.

[Lord Lucas]

My Lords, I am grateful to my noble friend for that answer, if a little disappointed. As I learned in making my application for information and in going through the tribunal and afterwards, if you allow this difference of treatment, you are effectively saying to all the institutions covered by the Freedom of Information Act that all they need to do is claim “commercial confidentiality” and they will not have to publish anything. Anything that is commercially confidential is information that might affect a student in making a decision about which institution to patronise. Therefore, anything really important and interesting becomes unpublishable, and so the freedom of information registration has no function—except to find out what the vice-chancellor had for breakfast, which is clearly not commercially confidential and therefore we can continue to plague them on that. There is no point in registering institutions for the Freedom of Information Act if you then disapply it on such a large scale by failing to register their competitors. I understand that the Government have reached a decision and I will not trouble them again at Report, but I think that they have gone down the wrong road on this. For now, I beg leave to withdraw my amendment.

Amendment 118 withdrawn.

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Alternatively, might it be possible to do it more flexibly with credits? An element of a course could account for perhaps four credits in a year, and the student would have to pay for a full year’s course, within which they might take only two or three credits. These things do not stack up to a more flexible system. There is no particular model in mind, but I hope the amendments give the Minister the opportunity to respond in a way that might open this up in future. I beg to move.

[Lord Lucas]

Ditto.

[Lord Liddle]

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.

Higher Education and Research Bill

Lord Lucas Excerpts

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

Clause 2: General duties

[Lord Lucas (Con)]

My Lords, I have a couple of amendments in this group. Perhaps I may start by speaking to Amendment 34. I have great hopes for it. My noble friend earlier enjoined us to be broad in what we put into this part of the Bill and not to be too bogged down in detail. I do not think that we can get much broader than the public interest, but it would be an important addition to this part of the Bill.

There are some very important things which will not get done under the current wording. One of them is consideration of what sort of system is wanted and what demand is out there. What do students want to see happening? What do those who recruit students when they graduate want to see happening? What pattern of provision is emerging? What strategy should be pursued to develop the higher education system which the country as a whole wants and needs? This is really important, and one can see that the current system does not function or at least functions extremely slowly. I shall give noble Lords a couple of examples.

The American university system is based largely on the liberal arts model. That has been very slow to come into this country, although our best students are flooding across to study it in America because it is the only place they can find it. A lot of good students want to stay abroad and to use universities to explore new subjects. We tend to take the view that you go to a university to study history or physics, and that is what you should stick to, but that is not what we all need afterwards. I studied physics; I could jolly well have done with a bit of essay-writing to go with it, not to say public speaking and maybe a bit of business. It would have done a great deal of good, because how many physics students go on to be physicists? It is not that many. But we have admission arrangements that pay no attention to breadth in the way that American universities do. There is clearly a great demand among students for good courses in the liberal arts style. That demand is not being responded to with any sense of rapidity by the established university system. Being universities, they all have the breadth of teaching ability and subject spread which would enable them to offer such courses if they chose to do so, but there is no pressure in that way.

The other example is acceptance of BTECs. It is noticeable how difficult it is to predict whether a university will accept a BTEC for its courses. For example, Durham has a very prestigious business course which accepts BTECs, but the course in Exeter does not. Why? Is this the pattern of response that we want in our education system as a whole? We agree that we do not want to tell individual universities what to do, but perhaps the conclusion is that we want more good courses open to BTECs. There seems to be nothing in the Bill which allows the OfS to consider such matters, and there should be.

My second amendment in this group is Amendment 47. The simplest thing would be for me to wait for an answer on that from Minister, rather than my taking up time telling him things about it when I want to listen to what he has to say.

[The Lord Bishop of Birmingham]

My Lords, I regret that my friend the Bishop of Portsmouth is not in his place tonight, having been exhausted, I suppose, by leading the debate on the Armed Forces covenant on Monday. He has asked me to bring before your Lordships Amendment 58 which relates to the general duties of the Office for Students. This is in the context of warmly welcoming the Bill’s commitment to greater diversity and improved choices for students, both in the wider choice of the number of institutions and in course and subject. However, we believe it is vital also to have a variety of institution types with distinctive characteristics. There are many universities with a particularly distinctive character: for example, the cathedrals group of universities, and others such as Goldsmiths, which has a focus on creative studies. It is this fact that the amendment seeks to recognise and pay heed to.

Your Lordships may know that there are more than 100,000 students enrolled across the 16 cathedrals group institutions. Collectively, undergraduates, post- graduates and research students are making the cathedrals group about the same size as the university sector in Wales. We do not for a moment wish to press this amendment to a Division, but we hope that the Minister and his officials will be willing to look afresh at the inclusion of and provision for universities with a distinctive character.

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[Baroness Brown of Cambridge (CB)]

My Lords, I shall speak to a couple of issues. First, although I generally support the reasons behind the amendments in this group, I have to express some concern about what I infer from the comments of the noble Lord, Lord Lucas, who was speaking about the role that the OfS might play in encouraging universities to take students with different qualifications. Until recently I was vice-chancellor of Aston University, which has the outstanding Aston Business School, which does indeed take students with BTECs. However, our experience at Aston Business School was that these were the students who were least likely to succeed in that course. They had the highest rate of third-class degrees and failures. They had real problems with the mathematical elements of the economics in the business degree, such that we put on a lot of additional teaching to try to assist them through it. It is very important that universities are allowed to set their own admissions criteria because their curricula will require different things of the students who attend. It is important to indicate to students what is going to be needed to get through those courses.

I therefore have a lot of sympathy with Exeter over not taking students with BTECs for the curriculum that it teaches. Aston and, I think, Durham are able to, but I am sure that they do so by providing additional help. I encourage the Minister to stick to what Clause 2(4) says—that the guidance from the Secretary of State must not relate to the criteria for the admission of students or how those criteria are applied—because that is hugely important to the autonomy and independence of our universities.

[Lord Lucas]

I entirely agree with the noble Baroness: it absolutely is not interference with an individual university; it is looking at the system as a whole and saying, “We need to do something about providing better courses for people coming out of school with BTECs”, if we have decided that BTECs are what schools are providing. BTECs are just being upgraded to address some of the problems, and I hope that works, because clearly there are problems with the old syllabus. Universities have to take their own decisions but the OfS surely ought to be looking at the system as a whole and changing the provision somewhere, because the system as a whole is not meeting people’s needs.

[Baroness Brown of Cambridge]

I thank the noble Lord for that clarification, which I strongly support.

I shall speak briefly to Amendment 56, in my name and that of my noble friend Lady Wolf. The Office for Students is tasked with promoting quality. Promoting quality seems a modest ask, and we feel that the Office for Students should be given a more dynamic and assertive challenge—not just to see that a particular objective or standard has been reached, but to be active in ensuring that quality is delivered in an environment of continuous improvement. We urge the Minister to consider some more active wording about the need to secure and improve the overall strength and quality of higher education provision in England, with a stress not just on ensuring quality but continuing to improve it.

Higher Education and Research Bill

Lord Lucas Excerpts

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

[Baroness Garden of Frognal (LD)]

My Lords, I beg to move Amendment 9 and shall speak to Amendments 31, 32 and 172. I have added my name to Amendments 41 and 46 in this group. The amendments all support adult lifelong part-time and distance learning. A prosperous part-time higher education market is essential now, more than ever, to address the challenges and opportunities which lie ahead to deliver economic growth and raise national productivity by closing skills gaps and increasing social mobility.

Only 13% of the 9.5 million people in the UK who are considering higher education in the next five years are school leavers; the majority are working adults. Up to 90% of the current workforce will still be in work in the next decade. Over the next 10 years, there will be 13 million vacancies, but only 7 million school leavers to fill them. Such learning is a cost-effective way of raising skills levels and training, so people can earn and learn, as do 75% of Open University students. The benefits are also felt immediately—from the first day of study—by the individual as well as the employer. One in five undergraduate entrants in England—22%—from low participation neighbourhoods either choose or have no option but to study part-time, and 38% of all undergraduate students from disadvantaged groups are mature students.

It is essential that these far-reaching proposals are not developed solely through the policy lens of an 18-year-old student entering higher education for the first time. Reskilling and upskilling the adult workforce are essential, as I mentioned. Economic success in the coming years depends on embedding a lifelong learning and training culture which rests on three coequal pillars: the highest quality further education and higher education, undergraduate and postgraduate, after leaving compulsory full-time education; the highest quality apprenticeships for all; and flexible lifetime learning opportunities.

Part-time study is often the way that people from disadvantaged backgrounds or places enter higher education. In 2015-16, almost one in five of all new Open University undergraduate students were from a low socioeconomic status background—that is, they came from the most deprived 25% of neighbourhoods across the UK and had no previous higher education qualifications. But the number of part-time students continues to decline. Data from the Higher Education Statistics Agency published in January showed that in England, 58% fewer students started part-time study in 2014-15 than in 2009-10. This equates to an almost 40% drop in the market, although the OU continues to be the largest provider, with a growing share of the market.

This decline is of particular concern in relation to widening participation in higher education by students from disadvantaged backgrounds. The Bill’s equality analysis references, on page nine, the dramatic improvement in the participation rate of disadvantaged young people but omits to point out that this has not been seen for mature students, most of whom can only study part-time.

There are opportunities in the Bill to give more explicit reference to the different modes of higher education provision and different types of student. Both the White Paper, Success as a Knowledge Economy, and the teaching excellence framework technical consultation on year 2 are explicit in this area. Amendment 9 provides an opportunity to make it clearer that the membership of all key agencies, boards and committees should reflect the full range of different types of higher education provider. Amendments 31 and 32 ensure that an express commitment to all forms of higher education is included in the general duties of the Office for Students to,

“promote quality, and greater choice and opportunities for students, in the provision of higher education by English higher education providers”—

Clause 2(1)(a). The wording used here is consistent with that used in the TEF technical consultation. This is also an opportunity to make it clearer that the membership of all key agencies, boards and committees should reflect the full range of different types of higher education provider—in this case, the Quality Assessment Committee. Amendment 172 fulfils this purpose.

If there is no dedicated board member on the OfS to represent part-time students, how do the Government envisage those students being represented by the OfS? Secondly, how will the new system improve part-time student understanding compared with existing arrangements? Thirdly, what further measures will the Government introduce to prevent a decline in part-time numbers? I beg to move.

[Lord Lucas (Con)]

My Lords, I have one amendment in this group, Amendment 53. Much of what the noble Baroness, Lady Garden, has said applies to my amendment, too. There are clearly going to be opportunities to change how we deliver higher education; there already are some, such as two-year degrees. We really need to make sure that this body is not discriminating in favour of the current pattern—and some elements of the current set-up do, such as funding rates for accelerated degrees. We need to take a broad view of what higher education could be, which is why I tabled my amendment.

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[Viscount Younger of Leckie]

I do not know about that, my Lords, but I reiterate that I take all remarks made this afternoon extremely seriously, as I do in all aspects of Committee. I will want to look very carefully at all the remarks that have been made, not least on this subject. I absolutely have listened to what the noble Baroness, Lady Blackstone, said. I will reflect on her remarks very carefully over the next few days.

[Lord Lucas]

My Lords, I am very grateful for what my noble friend said about my Amendment 53, but he prompts me to ask a couple of supplementary questions. Where, in the order of things, does consideration of credit accumulation come? Will that be in the Secretary of State’s guidance? Where, in this part of the Bill looking at what the OfS is to do, is it that it should pay some attention to what people want by way of higher education? We seem to be going to have a body focused on producers and on ministerial ideas of what it should be doing, but there is no mention of what students, employers and others want and need. Should not the OfS pay some attention to that?

[Viscount Younger of Leckie]

I thank my noble friend for that. Indeed, credit accumulation or credit transfer, however it might be defined, has come up and will come up in the Bill. I cannot explain to him exactly where, but it has been raised by the noble Lord, Lord Stevenson, and others. I reassure my noble friend that we will address and, I hope, debate this issue in due course.

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[Lord Sutherland of Houndwood]

My Lords, this amendment has two themes: transparency and accountability. I have to say to my colleague the noble Lord, Lord Willetts, that there is a degree of scepticism out there. He is right to have identified it but I think he is not right to have overly easily dismissed it. There is a degree of scepticism in the Committee and, indeed, in the academic community. It may just be the usual academic neurosis, but so be it; let us do what we can to reduce it.

This amendment is in the interests of transparency and accountability. There is a worry that we do not know a great deal from the Bill about the criteria that will be used to make judgments about academic and teaching quality. I am not surprised at this; there was the same problem when Ofsted was set up and there was a big argument. It is easier to begin to talk about academic quality there, and how we measure it, because school systems are much more homogenous than university systems. University systems range in teaching, and the range of teaching and types of teaching and courses is much less homogenous than in schools. That meant it was possible, at the end of the day, which is why Ofsted still lives, to produce an inspection system that carried some conviction.

We are not proposing through the Bill—I am pleased by this—a wholescale inspection system; we are proposing that judgments should be made about the quality of academic work, and teaching in particular, and the quality of academic education. I would like to know how that is to be assessed. Is it by student opinion, is it by degree results—it is easy to twiddle them—or is it by employability? The latter is important but it may depend on the part of the country in which you live or in which the university is situated. So one could give a whole range of possible criteria.

This amendment is actually a companion to Amendment 22. I did not realise it at the time because I had not seen Amendment 22—but it is. It is effectively saying to the Committee that there is room here for further consideration. The main line of accountability will be the annual report. I agree that that is not just worth doing but essential, especially in the early days. It may just be that the annual report gives us all the information we need, but in the Bill—not least in Schedule 1, which we are debating at the moment—the annual report looks much more like a request for an accountability report that you would send to a vice-chancellor to be sure that the money was spent above the board and in a due and appropriate fashion—which I am sure it is. But the Bill specifies a great deal about how you account for financing but not a great deal about how you account for the quality of research, which we will come to, and initially, at this stage, education. How do we do it?

I was stimulated further by—would you believe?—listening to Radio 4. The distinguished historian Diarmaid MacCulloch has a series at the moment on the Reformation. He started by reminding us that this is the 500th anniversary of the Reformation and set it in the context of the Renaissance, the Reformation and the Enlightenment. What do these three things have in common and what do they have to do with the Bill? What they have in common is that they were all the children of university activity: the kinds of activity that go on in universities. If we are going to assess the quality of education, where is our place in that great pantheon of Renaissance, Reformation and Enlightenment? These are the values on which western civilisation still exists. That is where they came from.

I am not asking for a committee that will assess the published works of academics and say, “Ah, we have a future Enlightenment contribution here”, but for much less: something that at least gestures towards the question of how you assess educational quality. I do not think that the Bill does that.

My solution—I cannot think of a better one at the moment but I may come back to this—is to say: let us have the annual report but insist that these matters which relate directly to the quality of education, and I list three or four, should be a specific point of report, not just whether the books are square. Let us see at the end of the debate that they will have in Parliament—that is the one concession that Ofsted got when it was set up; the annual report would be laid before Parliament and would not be a matter simply for the Department for Education—that the annual report laid there deals with these matters and is debated by the constitutional system that we have, with Members of Parliament in this House or in the other place able, because there is transparency in the information provided, to hold to account how the system is developing. I genuinely hope that it will develop well, and by and large I think it will. But that is not certain, and giving interested parties the opportunity to debate it on an informed basis in Parliament could be one way of making that more likely. I beg to move.

[Lord Lucas]

My Lords, I will speak to Amendments 28, 48 and 465 in this group, which have nothing at all to do with the amendment moved by the noble Lord, Lord Sutherland. Perhaps they were grouped together for the convenience of having a short debate. I hope to disappoint my noble friend on that front because here we come across what I hope will be one of the areas in which we choose to stand firm against the Government as a whole—but not at all against the Minister for Universities—with regard to the Government’s relationship with universities.

As we debated at some length a few weeks ago, universities face a very serious problem with the current attitudes being taken by the Home Office to immigration. The Home Office will not say what it seeks to achieve, why it seeks to achieve it or how it hopes universities can do better in forming a partnership with the Home Office to achieve its legitimate objectives and universities’ objectives at the same time. I find that a deeply unsatisfactory state of affairs and I greatly regret that the Home Office is choosing to take that position. There is a much more constructive position that it could take: one of seeking partnership with the university sector to address problems that we as a nation have and perceive and to resolve those problems in the interests of the country as a whole, not leaving out the financial, commercial and human interests of the university sector. With a more rational attitude taken by the Home Office, there could be a real resolution of these problems.

In the context of the Bill, with these amendments I am trying to search for ways in which the university sector could organise and present itself so that the nation would be on its side and it would be equipped with the data, the information and the means of self-improvement to make it an excellent partner for the Home Office when we get a change of heart in the Home Office—as eventually we must.

I do not lay any particular force on the wording of the amendments. Amendment 28 says that the sector, and therefore the Office for Students, should make it clear what contribution overseas students are making to this country—we should not wait on the Home Office to produce that information for us but do it as a sector. The Office for Students should have a responsibility for making sure that that information is gathered and published so that we have a clear, well-presented statement of the benefits that come from having overseas students.

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[Lord Sutherland of Houndwood]

My Lords—

[Lord Lucas]

My Lords, perhaps I can just sign off on my amendments before the noble Lord, Lord Sutherland, brings this to a conclusion. I am grateful to my noble friend for his detailed comments on my amendments and I will read what he has said carefully. I am not at all sure that he has convinced me, but these are subjects that we will return to several times in the course of this Bill—most focus will be, as has been said, on Amendment 462. I very much hope that the Government are thinking through what they will do to convince their own side, let alone the other sides in this Committee, that this Bill should be permitted to proceed without some forceful amendment on overseas students.

I was interested by the argument that my noble friend made on visa refusal rates. He is effectively saying that we should hide from students whether their university is about to go bust—not only overseas students who are going to start over here on a course that is about to be extinguished by the Home Office, but our own students who will find the university going down the plug hole because it no longer has the money from the overseas students. It is an astonishing attitude, I think, that the commercial interests of a failing university should be put ahead of those of both our own and international students. I very much hope that this House will manage to persuade the Government otherwise at a later stage.

[Lord Sutherland of Houndwood]

My Lords, as I was about to say a moment ago, this is a strange position that I find myself in. I feel a bit like an academic who has been conducting a really quite polite seminar and, as he finishes, he looks round and sees a herd of buffalo charging towards him full of fine thoughts and great wisdom. I want simply to make the point that I support very warmly the issues that have been raised about overseas students.

I spent a number of years working with the University Grants Committee in Hong Kong as one of its international advisers. I got to know quite a few of the Australian vice-chancellors, because some of the best of them went there also. When they heard what we were doing they guffawed as only an Australian vice-chancellor can guffaw—it is a powerful sound, I can tell you. Their reaction was, “We will clean up on this”, and they are doing so with great skill and expertise.

This is an ill-designed grouping of amendments. The point was made earlier that they have more to do with each other than perhaps we first realised, but one issue that has come up is that the Government have not yet reassured the wider community that all will be well. That is the point of the transparency that I am seeking. If they have not done that then they have not yet done their job. The finest illustration of this is the debate that we have just had. The wisdom of the Government in relation to overseas students is not a fine clarion call to support extra powers for government-appointed bodies to run the rule over the registering and deregistering of universities. We were told earlier this afternoon even that there will of course be people such as wise and mature academics and whosoever, but the evidence is sufficient for us to know that Governments can sometimes get things badly wrong. Although I will withdraw my amendment, such a mechanism is perhaps a partial safeguard against that, but I will come back to this in due course.

I thank the Minister for his comments, his offer of a meeting and his reference to the piece that was published in the autumn. I am one of those sceptics who likes things on the face of the Bill and we will come back to this in due course, but I thank him none the less.

Higher Education and Research Bill

Lord Lucas Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 9th January 2017 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I, too, support the spirit of this amendment, and I declare an interest as emeritus professor at Loughborough University and a fellow of the British Academy and the Academy of Social Sciences. I apologise that I was not able to speak at Second Reading, but I suspect that my contribution was not missed among the 70-odd people who did speak. I have read the debate, and very thoughtful it was. The clear thread running through a large number of contributions from all sides of the House was the perceived threat to university autonomy and academic freedom. I fear that those concerns were not assuaged by the Minister’s assurances, hence the motive behind the amendment.

The fears have to be set in the context of what is widely seen as the creeping marketisation and consumerisation of universities. As my noble friend Lady Bakewell put it, students are now consumers of a product, as if a university were a department store. Many would argue that all that is precious about universities in terms of the development of critical thinking, and in particular encouraging students to think critically and not simply accept what they are given, is being increasingly subordinated to an instrumentalist, economistic concept of a university as in effect a degree factory feeding UK plc.

I suspect the Minister will say that the amendment is not necessary because the Government have said they are committed to the key principles it contains. But surely there would be no better way of demonstrating that commitment than by either accepting the amendment or, given that a number of noble Lords have pointed to possible weaknesses in the wording—and my noble friend on the Front Bench has made it clear that he is not wedded to the exact wording—offering to bring forward their own amendment setting out what a university is and the principles it should pursue. That would show their commitment and establish a clear framework for our deliberations on the Bill. In doing so, the Government would go some way to reassuring both Members of your Lordships’ House and the many organisations and individual academics who have written to us to express their fears that the Bill is taking us too far down a road that is incompatible with the basic principles of what a university is and what a university should be.

[Lord Lucas (Con)]

My Lords, the amendment begins very well:

“UK universities are autonomous institutions”,

but the rest of the subsection abolishes that effect entirely. I am really worried about the ability in the Bill of a quango to abolish Oxford, to put it in cartoon terms. This proposed subsection gives anybody the right to abolish Oxford. The moment that anybody can argue that Oxford has not upheld the principles of academic freedom, and if that is argued in court and it goes against Oxford, it is no longer a university. That is an astonishing level of control. You really do not need the rest of the Bill. There would be complete government control over all universities just by having this amendment as the Bill. There is so much in here that allows universities to be controlled because it is mostly about telling universities what they have to do.

If we are going to have a clause such as this—and I really support the idea of it—let us have something that gives universities rights, declares that they are autonomous, and other things that we can think of that work, but let us not keep all these unstructured obligations on them, which can go only in entirely the opposite direction from that which is intended by the proposers.

[Lord Willetts]

My noble friend is making a really important point, which I strongly agree with. Will he accept that when we turn later to, for example, Amendment 65 in the name of the noble Lord, Lord Kerslake, we then have an approach which might be better at achieving this objective than the approach we are debating now?

--- Later in debate ---

[Lord Lucas]

My Lords, I entirely agree that there are some very interesting amendments later on, which may attract me, if not my Chief Whip.

[Lord Smith of Finsbury (Non-Afl)]

My Lords, I remind the House of my interest as master of Pembroke College, Cambridge. I support the amendment. We get the opportunity to legislate on higher education once every couple of decades. It is therefore really important that we get it right. It seems really sensible to put into the Bill a definition of what we are talking about. That is especially important because one thing the Bill does is give a fast-track procedure for new universities to be created. We ought therefore to be framing as part of that legislation a definition of what a new university should be committed to.

I have to say that I am taken by one or two of the points made by the noble Lord, Lord Willetts, about the precise wording of parts of the amendment. I think he has fastened on the one point where the amendment is weak; that is, in allying the word “must” with the extensive range of subjects. Actually, it is right to put “must” in the Bill in relation to the commitment of a university to academic freedom. If Oxford University were to abandon the principles of academic freedom, it would rightly be up in front of the court of public opinion or a court of law.

--- Later in debate ---

[Lord Storey (LD)]

My Lords, I feel incredibly nervous speaking surrounded by chancellors past and present, professors, masters, wardens et al, as someone who received a certificate of education and then did a part-time degree while he was working. I agree with the noble Lord, Lord Anderson, that the reason for the clause is the Bill itself and what it might cause to happen, and what we are seeing on some of our university campuses in terms of academic freedom and freedom of speech.

I agree with the noble Lord, Lord Smith, that the wording of any definition has to be precise. Subsection (3) of the proposed new clause states:

“UK universities must provide an extensive range of high quality academic subjects”.

It is the phrase “extensive range” that worries me. Your Lordships will be aware that there are specialist universities such as the University for the Creative Arts, the Arts University Bournemouth and, in my city, the Liverpool Institute for Performing Arts, which was set up by Paul McCartney to develop the creative and performing arts. By their nature, they do not have an extensive range of academic subjects; they have a specialist, narrow range. I am sure that the clause was not intended to exclude them, but that irks those colleges and goes to show how important it is to get the wording right.

As the noble Lord, Lord Cormack, said, the Bill is imperfect, and this is the opportunity to make an imperfect Bill perfect. The new clause can be simply dealt with if the Minister responds by saying, “Yes, it is important that we have a definition and state the functions of a university, and we will spend time getting the wording right”. If that does not happen, it will presumably have to be pressed to a vote.

[Lord Lucas]

Does the noble Lord agree that, under the conventions of this House, if we vote on the amendment today, we are stuck with it; we cannot change it any more? If we want to do better—to produce an amendment with the same sort of effects but which takes into account all the good advice from, for instance, the noble Lord, Lord Broers, and the noble Lord himself—we must not vote today; we must aim to vote on a better amendment.

[Lord Storey]

I agree with the noble Lord, Lord Lucas. That is why I said that when the Minister replies, he must state clearly his intentions regarding the functions of universities. If he spells that out, there will be no need to press this to a vote.

Higher Education and Research Bill

Lord Lucas Excerpts

Monday 9th January 2017 Lords Chamber

[Baroness Blackstone (Lab)]

My Lords, I, too, strongly support the amendment in the name of the noble Lord, Lord Kerslake, which is extremely well worded and very appropriate for the legislation in front of us. I am absolutely convinced that the current Minister responsible for higher education will respect the institutional autonomy of universities, but some future Minister may not. As a former Minister responsible for higher and further education, I was rightly constrained by the 1988 Act and what Lord Jenkins managed to do with his amendment. There were sometimes times when I did not agree with what was happening, but I was unable to interfere, which would have been wholly inappropriate. That is an extremely good thing.

There is a second reason why I support the noble Lord’s amendment. I, along with Jo Ritzen, a very distinguished former Dutch Minister of Higher Education, and two other former European Education Ministers—Eduardo Grilo from Portugal and the former Hungarian Education Minister—embarked on a project led by Jo Ritzen entitled Empower European Universities. It looked at the position of universities across Europe—north, south, east and west—in particular at some of the problems some universities in eastern Europe experience, as in southern Europe. There was an incredible amount of state control over what these institutions could do. One of the outcomes of that is you get no innovation. Therefore, one of the reasons why we should promote autonomy in our higher education institutions is that we should be concerned to make sure universities do not stand still, that they take into account a changed environment and that they are innovative. By being autonomous they are far more likely to be innovative than if they are controlled by Governments, as we saw from the project we did across Europe.

[Lord Lucas (Con)]

My Lords, I join those who like Amendment 65, as my noble friend Lord Willetts predicted I would. I join him in saying that I do not share the fears expressed in Amendment 2. To take the example of BPP, which is the company that trained me as an accountant, it has been going a long time. It is the first among equals of a group of companies that have grown up providing professional training services to some very demanding customers. It has therefore developed an ethos of providing very good courses. It also sponsors women’s football, which I am grateful for. It has a broad and very encouraging ethos, which thoroughly justifies its status.

We have to be very careful about the quality of what is provided to students. Noble Lords will no doubt remember Ian Livingstone’s Next Gen report on training for the computer games industry. It found that 85% of courses provided by British universities were not up to scratch. We need to do a lot in the Bill and otherwise to provide students with better information about the quality of their courses, but the people who can demonstrate the best track record in this, who have the best sets of information and who have the most demanding customers are these commercial training companies and those who have come up by that route. We should not be frightened in any way by the fact that they are for profit. Despite that, they have proved that they can provide excellent education.

[Lord Judd (Lab)]

My Lords, it seems absolutely logical that if we believe that the considerations in the amendments before us are vital to the carat gold, the quality and the value of our higher education system, let alone its international standing and reputation, someone somewhere has to have specific responsibility for ensuring that everything done is to protect that role. We have seen in recent weeks a very interesting comparison. Our system of judges came under disgraceful and unprecedented attack in the media. Largely everybody in this House felt that it is a duty of Ministers to protect that system to the hilt. It is therefore absolutely self-evident that, to guarantee that what we want to happen will be protected, the responsibility of the Minister must be spelled out in the Bill.

Higher Education and Research Bill

Lord Lucas Excerpts

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

[Lord Lipsey (Lab)]

My Lords, I chair Trinity Laban Conservatoire of Music and Dance, which is part of the university sector. I feel, rising at this stage, a bit like an actor rising to play the porter in “Macbeth”. There have been hours of drama and extraordinary debate about matters of deep principle. I have to make a speech, if I can, that at the same time is amusing but makes a serious point. I am supposed to do it when three-quarters drunk. Unfortunately, I am not three-quarters drunk—there was not time during the dinner break to get that way—so I hope your Lordships will forgive me if I try to square this circle as the porter did.

A well-reputed blog of the higher education sector called, even more peculiarly than the office, Wonkhe, this morning said that there was no chance that the House of Lords would accept this amendment because the resulting body would be called OfHE. I must say that I thought that that was quite a strong argument for the name that I was proposing because “offie” is somewhere you really want to go down to—“go and buy a bottle from the offie”—whereas going for a meeting at the Office for Students sounds extraordinarily tedious and dull. However, it is not on that that I am relying in going for a change of name.

I say “going for a change of name” because I am not convinced that the name that I propose is in every regard absolutely perfect. It could be said that there are many things in higher education that lie outside the field of the OfS and there are certainly some things that lie within it—so I do not guarantee that the alternative that I proffer this evening, Office for Higher Education, is absolutely perfect. All I would say is that it is a great deal more perfect than the option that the Government have presented us with: OfS. I have no idea where “OfS” came from. I envisage in my “Yes Minister” mind a meeting with a special adviser there who said, “Yes, Minister, we could call it anything you like, but we did jolly badly in those university towns at the last election. OfS, so we appear to be on the side of students, would be a good title”—and these things tend to stick.

But the name is clearly inappropriate because much of what it is planned that OfS shall do has very little to do with students. Is registering universities a job for the OfS? Is removing the title from certain universities done in the interest of students? Is fee setting done in the interest of students? Actually, if you come to think of it, the strongest opponents of the Bill have been students, who are now trying to engineer a revolt against the teaching excellence framework. So if we must use this sort of title, perhaps it would be better to call it the Office against Students—which is the effect that I expect this Bill to have; I expect it not to be a successful Bill from the point of view of furthering the student interest.

More seriously, we have to be very careful before importing into our legislation titles which serve a propaganda purpose—who can be against OfS, against students or, in America, against patriots? Before long, we find that the whole of political language has ceased to be neutral in legislation and is starting to slip off into a language from the post-truth era where the titles of things no longer represent their reality but rather a sort of Orwellian other world in which things no longer mean what they are supposed to mean. Such propaganda reasons are not good reasons for the title of an institution.

At this time of night I do not want to detain the Committee further; this is a probing amendment to see whether the Government are at all interested in finding a better name. In the meantime, I will offer unconditionally to any Member of the House who can come up with a better title than I have—Office for Higher Education—a bottle of champagne, provided they can at the same time convince the Minister to accept it. I beg to move.

[Lord Lucas (Con)]

My Lords, I am a student activist in these things. If we are going to change the title, let us just call it OFFS. That is a suitable acronym. I am sure the noble Lord, Lord Lipsey, knows it well. His would be “Ofhed”, and I think the Minister would be that if he accepted the amendment.

--- Later in debate ---

[Lord Stevenson of Balmacara]

My Lords, rather perversely, Amendment 4 is a drafting amendment consequential on Amendment 18, so I will start with the latter, which is about the important question of the structure of whatever we are going to call the OfS board, as it is currently named.

Amendment 18 brings parliamentary scrutiny into the question of who should chair this board. A very important theme, although perhaps one for another day, is that the Bill is relatively light in terms of its engagement with the parliamentary process. Although the intention is that the Bill should move away from scrutiny under the Privy Council and other similar regimes, it is not necessarily clear that the will is there on the part of Ministers to provide a different scrutiny arrangement, so we will definitely have to return to this issue. The noble Lord, Lord Lisvane, who is in his place, made a very powerful speech at Second Reading in which he pointed out a number of drafting infelicities in relation to statutory instruments, the use of Henry VIII powers and similar matters. I am sure that the recent report from the Delegated Powers Committee will feature in our discussions going forward and that this is another issue we might need to come back to.

However, I am interested in the Minister’s response to the particular question raised by Amendment 18, which is why the Government do not wish the appointment of members of such a key organisation as the OfS to be subject to the scrutiny now commonplace for many public appointments of this type. As discussed, under the Bill as drafted, this body will have incredible power in relation to higher education, effectively opening and closing universities and deciding who should or should not be preferred. It is inconceivable that there should be no scrutiny other than that of the Minister. It is important that we consider including in the Bill the idea that the chair of the OfS should be subject to scrutiny in the process that is now taking place.

Amendment 5 picks up the themes that I elaborated on in the previous group in relation to student representation. It is not convincing for the Minister to simply say that this area has been dealt with by ensuring that at least one of the ordinary members of the OfS board must be capable of representing students. We are all capable of representing students, but none of us present today—unless I am very much mistaken and more deluded that I normally am—can say that they are an active student and can bring that experience to the table. There are many teachers and others around who I am sure would be prepared to stand up and say they could do it, but I do not think they would want to if they were ever exposed to the full fury of the student body. It seems completely incomprehensible to us that the board should not have a student representative—indeed, there should be more than one.

Amendment 6 would ensure that the related criteria for all OfS board members are taken to be of equal importance. The worry here is that there may be vestigial elements from the current regimes, which have been alluded to in earlier discussions today. There is the sense that research takes precedence over teaching competence, that somehow older universities have more authority than newer ones, and that ones with different missions should be discriminated against. Then, there is the question, which I am sure will be raised during this debate—if not, it has been raised in previous ones—of how we make sure that the very necessary representations from our smaller institutions, conservatoires and specialist institutions are made properly.

It is one thing to have a series of representations and an equitable and appropriate way of appointing people, but quite another to be clear that this is done in practice. The amendment is drafted so that the appointment processes—one hopes they will be of an extremely high standard—ensure that broad and equal importance is given to all the elements that make up our university sector and our higher education providers, and that there should be no perception that a hierarchy exists in respect of any of them.

Amendment 7 makes the point, although I am sure this will happen anyway, that there must be current or recent experience among those appointed. I am sure that would be the assumption, but there is no reason at all to suggest that that is always going to be the case. The Schedule seems the appropriate place to put this provision, rather than in the main Bill.

Amendment 8 suggests that the experience of higher education and further education providers should also be taken into account when appointing board members. We have a tendency to speak about higher education as being exclusively in the existing university arrangements but, of course, further education institutions and other institutions such as those we have been talking about in the last few hours all have a contribution to make to higher education, and it is important that board members reflect that.

I agree with the noble Lord, Lord Lucas, that at least some of the members of the OfS should have experience of providing vocational or professional education. I am thinking here of the University of Law or BPP University, for example, but there are also wider groups that we would need to pick up on. I am sure the noble Lord will make that point when he comes to speak.

Amendment 10 contains a theme that will run in later amendments. We will be addressing ourselves in those amendments to the suggestion that the Bill is too narrowly constructed around traditional university syllabuses in particular, and to a model whereby students arrive at university having completed their school studies at 18 and then spend three years at university before graduating and going on to do other things. The reality is that the median age of students in our British universities is 22 or 23, that many students come in with different previous experiences, and that there is value in that. There is a real sense that the opportunity to build a structure that encourages people to take alternative routes to further education—to take time out to work, or to study while they do other things—has been missed. We need to address that opportunity. Amendment 10 would ensure that widening participation and associated issues are appropriately reflected in the membership of the board.

The final amendment in the group is Amendment 12, which suggests that the Secretary of State should have regard to the experience of higher education employees and teaching and research staff when making appointments. Valued contributions are made from that sector to boards of higher education institutions. Certainly, when I worked in higher education, there was very strong representation from the non-teaching staff—technical, clerical and administrative staff— who all felt that they were participating in the process of governing and managing the university. Why is that not also the case for the regulating body?

I look forward to the debate and to the Minister’s response. I beg to move.

[Lord Lucas]

My Lords, I shall speak to Amendments 11 and 13. I am mostly interested in hearing the Minister’s views on these matters. It seems to me that it is important for a board such as that of the OfS to have experience of the main sets of people and tasks that it is going to be faced with regulating. Amendment 11 would ensure that its members had an understanding of what happens in vocational or professional education. That would be very important because some of its charges will be very much in that part of the world.

Most of all, the amendment would ensure that the OfS has representative people who understand how people end up at university. The business of advising school pupils, looking after pupils who are looking for careers, the limitations of that, the sort of information you need on how 16 and 17 year-olds are, which is very different from 19 and 20 year-old students at university—that is vital experience for a board to have. A great deal of what the OfS is doing is concerned with giving information to people who might come to university and providing structures in order that they should be well looked-after when they get there, so it needs an understanding of what pupils are like.

[Baroness Bakewell]

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.

Coasting Schools (England) Regulations 2016

Lord Lucas Excerpts

Monday 12th December 2016 Grand Committee

I know from the informed and wide-ranging debate we had on coasting schools during the passage of the Education and Adoption Act that there is widespread support in this House for identifying and supporting those schools that are not fulfilling the potential of their pupils. We all want every child, regardless of their background, to have the opportunity to go to a good school and receive a high quality education. I hope, having heard again the detail of our proposed coasting definition and the principles that underpin it, that noble Lords will also agree that the definition we have set out in these regulations is the right one. I therefore commend the regulations to the Grand Committee.

[Lord Lucas (Con)]

My Lords I welcome these regulations; this is a very constructive approach to picking up on schools that are not doing as well as they should be. I am pretty happy with key stage 2. At the end of it, we have a criteria-referenced examination; we have set the bar at 85%, which is none too high and, as a result, I think we are going to pick up a number of schools that need help that we might otherwise have missed. I hope, though, that the Government will make some further progress on key stage 4.

First, we still have the problem that the GCSE has become a norm-referenced exam involving the use of comparable outcomes. It is assumed to be impossible for the secondary school system to produce improved outcomes year on year above the level of the increase, if any, in key stage 2 results. That really says that all we expect of secondary education is that it does just as well as it has ever done, and that there is no inherent improvement taking place. I know the Government are experimenting—or perhaps still thinking of experimenting—with national reference tests, but I would be very grateful if my noble friend told me where we are getting with those. Otherwise, we face a serious difficulty, because key stage 4 is still producing examinations that pupils need to carry on into life afterwards. If we are effectively limiting the percentage of pupils who can achieve a pass grade in these exams, we are doing our people a great disservice over the longer term; it may be all right for now, but it is certainly not all right for the future.

Secondly, I am disappointed that the Government have chosen to set the bar so low for selective schools. There are coasting selective schools, but at the level the bar is set, I really do not see that we are going to catch them. I very much hope that the Government will keep this matter under review, and that when enough time has passed and we have seen the first year of this system in operation, having looked at it and made judgments on it as a whole, the Government will find some way of reporting to us or to the public on how it has gone, enabling us to have a conversation about how it could go better.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for introducing these regulations and talking us through some of the mechanics involved.

A year ago, during your Lordships’ consideration of what is now the Education and Adoption Act 2016, the Department for Education undertook public consultation on the proposed definition of coasting schools. It received more than 300 responses. The department claimed,

“wide support for the use of progress measures as the basis of the coasting definition”.

I noted what the Minister said about the consultation, and I understand why he said it, but it is a fact that only 25% agreed that the principles underlying the definition of coasting were correct. The Secondary Legislation Scrutiny Committee was fairly clear in its criticism of that spin, asserting that,

“the claim made in Explanatory Memorandum of ‘wide support’, does not accurately represent the views put to the Department”.

That, to some significant extent, highlights the rather flimsy foundations on which these regulations sit. I shall have more to say about the committee’s report in due course.

Identifying and supporting coasting schools was not an initiative of this Government, nor indeed of the previous one; it was of course a Labour government policy, introduced in 2007. At that time, it was based on a school’s performance in tests and examinations but it also involved a professional assessment by Ofsted and discussions with the identifying schools about improving performance. By contrast, the present Government’s “coasting school” concept is based solely on a calculating-machine approach to school improvement and does not use professional judgments.

Perhaps the major difficulty in identifying coasting schools using performance data alone is that not all pupils make the same rate of progress as judged against the former national curriculum levels. Those from lower starting points, who are often from disadvantaged backgrounds, tend to make slower progress than those from higher starting points, who are often from more advantaged backgrounds. Rates of progress in schools with a higher proportion of lower-achieving pupils tend to be lower for all pupils in that school, which can lead to a wrong designation of “coasting” for some schools, while those with highly advantaged intakes—including, as the noble Lord, Lord Lucas, has just mentioned, grammar schools—can escape the coasting designation.

Last month the department published Coasting Schools: Provisional Data, which includes a breakdown of where the schools are geographically and their type. Therefore, it is logical to assume that Ministers know precisely which schools have been identified from this exercise. The provisional estimate includes 479 schools at key stage 2 and 327 at key stage 4. Among primaries, a high proportion of academy schools meet the coasting criterion compared with local authority maintained schools, while at secondary level the proportion is the other way round. It appears that the schools most likely to fall within the scope of the coasting schools regulations are those already converted into academies as a result of government intervention.

No school will be formally identified as coasting until the 2016 key stage 2 results are finalised and published in three days’ time, although we will not receive the results for key stage 4 for a further month. For that reason, I ask the Minister why we are being asked to consider the draft regulations now. We believe that parliamentary scrutiny should have been delayed until both sets of results had been published with time allowed for them to be assessed. That would have permitted judgments to have been made, for example, as to whether this data-only approach to coasting schools, without professional Ofsted advice, was identifying good and outstanding schools in areas of significant deprivation.

On 15 December, nearly 400 local authority maintained primary schools will be labelled publicly as coasting. Can the Minister say whether regional schools commissioners have notified these schools, the relevant local authorities and Ofsted in advance? In how many of these schools is intervention already taking place? I say in passing to the Minister that I have quite a few questions to put to him and I shall be more than happy if he cares to write to me in due course, to use a familiar phrase.

Decisions about what happens to a school will be taken by regional schools commissioners assisted by their head teacher boards. There is some concern that those bodies are neither widely accepted nor operate with a great deal of transparency. This issue has been raised before and I do not intend to pursue it today, but it is an issue. That concern was stated unambiguously earlier this year by the Education Select Committee in another place in its report on regional schools commissioners, concluding that their role remained unclear. That point is now thrown into sharp focus by the fact that these regulations give extended powers to the commissioners to intervene when schools are designated as coasting. Yet one of the Government’s key performance indicators for the commissioners is not schools standards but how many schools they are able to convert into academies. There is a clear conflict of interest there and, as stated by the shadow Schools Minister, Mike Kane, when these regulations were considered last week in another place:

“That prompts the question whether the RSCs are independent arbiters in terms of judging whether our schools are failing, successful or coasting”.—[Official Report, Commons, 30/11/16; col. 7.]

It certainly does, and I hope that the Minister will seize this opportunity to answer that question.

That leads us to another question: what will happen to maintained schools once these regulations come into force? The ministerial Statement on primary education issued on 19 October stated that regional schools commissioners should work with local authorities to determine actions for coasting schools. However, additional information provided in the DfE memorandum of 26 October to the Secondary Legislation Scrutiny Committee states that even though the legislation allows local authorities to take action in a coasting school that they maintain, this is expected to have little impact on the public sector as the regional schools commissioners will predominantly take action when maintained schools are regarded as coasting. It goes on to say:

“We do not, therefore, expect the additional power to be burdensome for local authorities”.