Higher Education and Research Bill

Lord Watson of Invergowrie Excerpts

Monday 6th March 2017 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I come to the campus of this Bill as a fresher, in the footsteps of my noble friend who, by contrast, is competing a postgraduate course. But I have had some taster sessions, listening to the Bill from the Front Bench, and I have read the exchanges in Hansard and in Committee.

It has always been our intention that the Bill will lead to greater diversity, choice and flexibility for students. The noble Lord, Lord Stevenson of Balmacara, proposed an amendment in Committee requiring the OfS to waive the fee limit condition in respect of accelerated courses. I have read his speech, which was highly persuasive. The Government, therefore, are introducing these amendments to support the growth of accelerated courses by enabling Parliament to remove a key barrier to them.

Amendments 46 and 202 create a clear definition of an “accelerated course” and allow Parliament to introduce a higher cap for these courses. Separately, the remaining amendments clarify that, when setting fee limits for any type of course under Schedule 2, whether accelerated or not, the Secretary of State may establish different higher, basic and sub-levels for different types of teaching provision—for example, sandwich and part-time courses. That reflects the approach taken under current legislation whereby, for example, the higher amount set for part-time courses is fixed at a lower level than for full-time courses.

Accelerated courses offer students the opportunity to study their course over a condensed period—for example, completing a three-year degree course over two years. We know that accelerated courses appeal to students who may not otherwise choose to pursue a degree. That includes mature students who want to retrain and enter the workplace faster than a traditional full-time three-year degree would permit, and those from non-traditional backgrounds.

An accelerated course must meet the same quality expectations and achieve the same outcomes as a comparable, traditional course. However, accelerated courses typically involve tuition through the summer period, requiring the same resources as a traditional course over a shorter period. Evidence from independent research and our call for evidence tells us that a number of English providers are interested in providing more accelerated courses. However, many providers are unable to grow or introduce accelerated courses because of the existing annual tuition fee cap; they simply cannot afford to offer accelerated courses. Therefore, these amendments will enable Parliament to set a higher annual fee cap for accelerated courses—and accelerated courses only—compared to the annual fee cap for standard degree courses. They also serve to provide flexibility with regard to other types of provision.

Let me be very clear: our clear intention is that accelerated degrees that are subject to fee limits under the Bill will cost students less than an equivalent degree, not least because students will claim less overall in maintenance loans. Students undertaking an accelerated course borrow less money over a shorter period and forgo less earnings, as they are able to enter the workplace sooner.

We are creating a new definition for accelerated courses, and we intend to consult with the HE sector on where to set the fee cap and how to grow further accelerated course provision. Any higher fee cap for accelerated courses will be subject to parliamentary scrutiny via the affirmative resolution procedure. We will seek to stimulate the market for accelerated courses by agreeing a fee cap that provides adequate funding for providers while ensuring the student and the taxpayer get a good deal. I beg to move.

[Lord Watson of Invergowrie (Lab)]

My Lords, we welcome the fact that, as in respect of other parts of the Bill, the Government have listened to what has been said during the progress through both Houses. My noble friend Lord Stevenson moved an amendment in Committee that sought to allow funding flexibility and aimed to incentivise the provision of accelerated degrees. He made it clear at that time that it was a probing amendment and, in withdrawing it, invited the noble Viscount the Minister to come forward with one of his own to achieve something similar. So it is natural that we welcome this group of amendments, which should insist on ending the present rigid structure of the type of undergraduate courses on offer.

It is fair to say that we have had some concerns about the kind of new so-called challenger institutions that will appear as a result of the Bill. Our main concern is what might drive them—that is, the profit motive, rather than the education motive. It will not be the case with all but it could be the case with some. However, it is only fair to confess that I was particularly concerned until I met people from the Greenwich School of Management and spoke at length with them about what they offer. I now see that body as engaged in widening participation; it attracts students from backgrounds that have not traditionally engaged in numbers with higher education, which, whatever the situation, has to be welcomed. The university itself cannot validate its own degrees—that is done by Plymouth University—but that is an issue for a separate day.

I have to say that the Greenwich School of Management surprised me. My only knowledge of it prior to my meeting was that the hedge fund or venture capital company with which the noble Lord, Lord Nash, was involved had established it. That might explain to noble Lords opposite why I was somewhat doubtful as to the motives—but none the less I have to say that it is an example of a new university serving its community.

We accept that there is a need for courses that offer students the opportunity to complete full degree programmes in two years of intensive study, enabling them to enter or return to work as quickly as possible. That is key, particularly for those students from less well-off families, who simply cannot afford the time to be out of full-time work for longer than two years. That is a message that the Government appear to have accepted. We hope that the financial penalties that have prevented students from enrolling in two-year courses up to now will be brought to an end, paving the way for their increased and increasingly diverse participation.

Amendment 20 agreed.

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[Lord Judd (Lab)]

My Lords, I join those who warmly congratulate universities that have made arrangements, and express considerable disappointment about those that have not so done. It surely is simply unacceptable in an electoral system to have some universities where this has been done and some where it has not. That is not a fair and open approach to electoral matters. I believe it is impossible to do other than support the amendment.

[Lord Watson of Invergowrie]

My Lords, the amendment moved so ably by my noble friend Lady Royall proposes to make it mandatory for all higher education institutions to offer students who are enrolling or re-registering the opportunity to be put on the electoral roll. The question surely is: why not? As we have heard, some universities already encourage their students to do that and it would be logical for all of them to do so. The reason given by the noble Baroness, Lady Goldie—as alluded to by the noble Lord, Lord Lexden—was, I think, that such a measure would be a bureaucratic burden on institutions, whether that was cost-based or not. How any activity that increases the number of people who participate in our democracy can be dismissed as a burden I fail to see, and I do not think that is in any sense the appropriate way to look at it.

The noble Baroness, Lady Goldie, also listed a number of universities in addition to the University of Sheffield, whose pilot the Government part funded, and a number of other institutions which are already implementing the system voluntarily. That is all well and good but there seemed to be a complete lack of urgency on her part on behalf of the Government, given that she said that the Government had committed to write to other HE and FE providers later this year, as if that were something they might or might not get round to. It is absolutely inappropriate for there to be any delay. Democracy does not take sabbaticals. We will have elections very soon and they have a habit of keeping on happening—by-elections or whatever. It is inappropriate that people who have the right to vote for whatever reason—I do not in any way discount personal responsibility—should be prevented from doing so.

Another figure from our earlier debate that stuck in my mind was that given in response to my noble friend Lord Stevenson, I think. The noble Baroness said that 60% of students register at home rather than where they attend university. That is fine but it leaves 40% who do not. As we have heard, that amounts to almost a quarter of a million students at any one time who will not be able to vote. That is far too many. Action needs to be taken urgently. That is why my noble friend’s amendment is necessary, and is necessary now.

[Lord Young of Cookham]

My Lords, I am grateful to the noble Baroness, Lady Royall, and other noble Lords who have spoken in this debate and have set out the reasons why we should increase the franchisement of students. The Government entirely share that aim of increasing the number of students and young people registered to vote. As part of our drive to create a democracy that works for everyone we are taking a number of steps which I will touch on in a moment, such as funding the National Union of Students to the tune of £380,000 in 2015 to increase student electoral registration.

We listened carefully to the concerns raised by noble Lords when the amendment was debated during Committee. While we agree with the objective of this amendment and understand the intention behind it, we firmly believe that this Bill is the wrong vehicle to achieve greater student electoral registration, and that the scheme as proposed in the amendment has serious drawbacks. The Government have an alternative plan to address student registration which we believe will be more appropriate and effective; again, I will come on to that in a moment, the Government having considered it in the light of the debate in Committee a few weeks ago.

Both Universities UK and the Association of Electoral Administrators have told us that a one-size-fits-all approach to electoral registration, which this amendment would be, is not necessarily the best solution. The AEA does not want further unnecessary prescription introduced into the electoral registration process. Some universities have also signalled that they do not support the system that this amendment seeks to mandate. Seeking to achieve this objective in this way is unnecessary and risks complicating the Government’s relationship with electoral registration officers, as it contradicts our stated objective to give them greater autonomy in how they choose to conduct their statutory duty of maintaining the completeness and accuracy of the electoral registers. Choice is the key point here. It is for HE providers and the electoral service teams, who are the acknowledged experts in registration, rather than Parliament—whether through the Bill or other means—or the OfS to determine what the right approach is for their local area.

Furthermore, this system simply will not work for electoral registration officers in London and other large cities since many students have a term-time address in a different registration area from their university or HE provider. For that reason alone, the amendment simply will not work. This is a significant issue given the numbers of students in London, where approximately 376,000 students could be living across all 33 London boroughs. Only the borough in which both the university and the student are located would have the necessary data required to complete an application. Students can participate in the democratic process by actively choosing to register to vote at either their university or home address. As the noble Lord has just said, research has suggested that 60% of students may do so.

We have a commitment to increase student electoral registration. To date we have undertaken a range of steps to encourage it, most recently ahead of the EU referendum. In addition to those steps, I can commit today that the Government will, in their first guidance letter, ask the OfS to encourage institutions to offer their students an opportunity to register to vote by providing a link to the online registration page so that students can apply to register quickly and easily. I think that this is a user-friendly solution that avoids some of the problems in the amendment which I have touched on. I understand that in Committee the noble Baroness, Lady Brown, stated that this was successfully applied at Aston University, and other providers have done so too.

However, we have also heard the calls for urgency, repeated by the noble Lord from the Opposition Bench, and we do not want to wait until the OfS is in place. That is why I can confirm that the Minister for Universities, Science, Research and Innovation, Jo Johnson, will write to HEFCE before Third Reading to ask it to work with the sector to encourage best practice and to actively promote student electoral registration.

To inform our activity, the Minister for the Constitution hosted a student round table in January at which he heard about the barriers to registration that students face. Since then, we have embarked on a plan to further our aim of maximising student electoral registration and we will continue to do so ahead of the local elections this May and beyond. I can now confirm to noble Lords that in the forthcoming weeks we intend to meet university vice-chancellors to that end. We will also write to the higher and further education sector to promote the outcomes due to be published from the different models available, to encourage take-up and to continue to facilitate greater co-operation between providers and local electoral service teams.

For the reasons already given, I believe that this voluntary and collaborative approach is the right one. However, if the evidence is that it is not working, it will be open to the Government and the OfS to consider other options in future, including, perhaps, the use of appropriate and proportionate registration conditions, requiring providers to comply with any such condition or explain why they cannot comply. The Government will also work with sector partners, such as Universities UK, to promote different options and encourage take-up.

The Government have already committed to publishing and promoting the outcomes of the University of Sheffield pilot, which we part funded, as well as other models, all of which are currently being evaluated, and we will publish the results at the earliest opportunity. As I wrote to the noble Lord, Lord Rennard, an indicative assessment shows that this project had successful outcomes. However, ICT software costs are a prohibitor, and some universities have already told us that they will not implement this model for that reason.

In addition, the amendment rests on the provider informing “eligible students” of their registration rights and local authorities providing various details regarding those students. An “eligible student” is defined as someone entitled to vote as an elector at a parliamentary election, but it is not clear who determines eligibility. Given that the amendments suggest that it is the provider who has to take specified actions, it looks as though it has to be that same provider who determines eligibility—something it surely is not, and indeed should not be, resourced to do. For all those reasons, we are confident that a voluntary approach is the best option and we are confident that more of these agreements can be reached in this way.

As the noble Baroness, Lady Garden, previously stated, many other institutions are already taking steps to encourage young people to ensure that they are on the register. In fact, numerous HE providers have, of their own volition, already implemented a model similar to that used by the University of Sheffield, including, as the noble Baroness, Lady Royall, said, the University of Bath. Nor should we lose sight of the fact that students can choose where they are registered, and some students might not wish to have their data shared.

We are also committed to increasing registration among all underregistered groups, of which students form only a part. This will be part of our democratic engagement strategy, which will be published in spring 2017.

Therefore, I say to the noble Baroness who moved the amendment that the Government have genuinely thought about the arguments put forward in Committee. We have come forward with a new set of proposals, which we think meet the objectives that we all share. Against that background, I ask her to consider withdrawing her amendment.