Higher Education and Research Bill

Mark Field Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 19th July 2016 Commons Chamber

[Justine Greening]

The Bill is about ensuring that we have a strong, robust, successful, innovative and high-quality higher education sector for Britain’s young people. The hon. Gentleman sets out problems and then suggests we should not bring forward a Bill to tackle them.

[Mark Field (Cities of London and Westminster) (Con)]

It strikes me that the Secretary of State is giving a lot of good detail on the safeguards, which should satisfy most reasonable people. Others may feel there is something of a closed shop on degree-awarding powers, and I am very glad that the Bill will, among other things, do its best to break it down. Such a closed shop is unacceptable, particularly in relation to global education provision, which, as she says, we benefit from and can push out to other parts of the world.

[Justine Greening]

My right hon. Friend is absolutely right. For the many institutions that have spent years working steadily to get their own degree-awarding powers, these changes will be welcome. They should not have to wait so long, and once the Bill is passed, they will not have to do so.

[Mark Field]

I suspect institutions that have spent many years trying to get degree-awarding powers and have not quite got them will feel that they have spent a frustratingly long time doing so. None the less, I am sure this provision will be welcomed in the years to come by many of the institutions she is talking about.

[Justine Greening]

I am sure my right hon. Friend is right.

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[Mr Gordon Marsden (Blackpool South) (Lab)]

I congratulate the Secretary of State and welcome her to her position. We look forward to the development of her thoughts on the subject.

The Bill has positive elements, which the Opposition welcome. The recognition and identification of social mobility as a key factor in the expansion of higher education is important. It is crucial that we create a system that works for social mobility not just for young people, but for adults. The introduction of a transparency duty for university admissions will be a good start, but more must be done.

We welcome the promise at last of an alternative student finance method, as pledged in the White Paper. We hope that it addresses the concerns of Muslim students about a lack of sharia-compliant funding. The Opposition had to press the Government hard on that issue during the maintenance grants debate in January, as my hon. Friend the Member for Walthamstow (Stella Creasy) has made clear. I am pleased that, finally, it has been taken on board.

I praise the Minister for Universities and Science for his strong and consistent advocacy of the importance that the EU has had for universities in the UK. During the referendum campaign, he spoke trenchantly against Brexit, saying that

“we’re potentially confronted with a funding black hole roughly equivalent to the size of one of our world-class research councils.”

He also said that ditching membership would mean

“losing a seat at the table when the big decisions about funding and priorities are made”.

There’s the rub. The reality is that our world and the education world are utterly changed since 23 June. That makes all the concerns and criticisms that the Opposition and others have voiced on the Bill much more powerful, but we find that the Government are still groping for answers. The Bill too often produces 20th century answers to 21st century challenges. It is laced with an obsession for market-led ideology that does not reflect the realities in higher education or those of the post-Brexit world.

[Mark Field]

As someone who was on the same side of the debate for the 23 June referendum, I recognise the concerns about leaving the EU. However, we must look to the future. There are great opportunities. One of the great things about our higher education system is that it is focused very much on being a global operator, particularly given the strength of the English language. Therefore, there will be tremendous opportunities. It is a difficult, unpredictable and uncertain time, but none the less a time that is open for and ripe with opportunities for our best higher education institutions.

[Mr Marsden]

I welcome what the hon. Gentleman says and the fact that he spoke so staunchly on the part of the remain campaign. The fact remains, as it were, that the Government have not put forward a pathway. I will talk about that later.

Everything one needs to know about that obsession can be found in one small section towards the start of the White Paper, which states that

“we need to confront the possibility of some institutions choosing – or needing – to exit the market. This is a crucial part of a healthy, competitive and well-functioning market, and such exits happen already – although not frequently – in the higher education sector. The Government should not prevent exit as a matter of policy...and it will remain the provider’s decision whether to exit and their responsibility to implement and action any exit plans.”

Such breezy complacency and laissez-faire attitudes would be comical were it not for the dire consequences that they threaten for thousands of students and dozens of research and higher education institutions.

The Government have made great play of their new teaching excellence framework as a way of strengthening HE’s offer to students. The Opposition of course approve of moves to value excellence in teaching—who could not?—and we approve of the concept of measuring teaching quality, but the lack of detail on how it will work is added to by concerns that the Government are using the TEF as a potential Trojan horse for removing the fee cap. If that happens, it could bring in its wake a two-tier system and a very damaging separation between teaching and research institutions.

We are strongly opposed to linking the TEF with fees, as are the majority of higher education institutions’ respondents to the Green Paper, which is why the Secretary of State was so coy in saying that only the best people believe in it. We are strongly opposed because, in the first year, it would allow almost all universities or HE providers to charge an automatic index-linked inflation increase to students. That is particularly problematic post-Brexit, with the fragility of our economy. There are no guarantees on the level of inflation for the next few years. Therefore, students could face significant increases in fees—the Government cannot guarantee otherwise.

In any case, as the White Paper makes clear, all bets are off, because we do not know what further increases will be permitted by the second and third stages of the TEF. The University and College Union and others are deeply concerned by the lack of parliamentary scrutiny built into the TEF. By putting key aspects of the TEF proposals out for consultation separately from the Bill, the Government are denying Parliament the chance to debate the vital aspects of the plan in full. The equality impact assessments the Government have published alongside the Bill raise further questions about the devil in the details of the TEF.

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[Mark Field (Cities of London and Westminster) (Con)]

I will try to keep this even shorter, Mr Deputy Speaker. It is a great pleasure, as a London MP, to be here with the dynamic duo who have now taken over our education system: my right hon. Friend the Member for Putney (Justine Greening), who is, unfortunately, not in her place, and my hon. Friend the Member for Orpington (Joseph Johnson). Having sat here for the past two hours, I can confirm that he has slightly blonder hair than she does, although I will allow excuses to be made about that. We have another London Member here, the birthday boy, no less: the right hon. Member for Tottenham (Mr Lammy). Mysteriously, when I read The Guardian today I saw that it said he was born in 1972 and I was sure that must have been a misprint— he does not look a day over 55 to me. I look forward to hearing his words later on.

At this point, I should make a brief declaration of interest, in that I have spent the past 11 years on the advisory board of the London School of Commerce, which is a private higher education provider.

[Michael Gove]

I am sure the House is delighted to hear that my right hon. Friend is a reader of The Guardian, but may I say that I am glad we do not have mandatory reselection in the Conservative party, because such a confession might not endear him to his constituents, and I very much hope he is here for many years to come?

[Mark Field]

That is very kind. As a vice-chairman of the party, may I say that there might be mandatory reselection in Surrey Heath before too long if we are not careful? I thank my right hon. Friend for the observation. Perhaps this is another Guardian misprint; perhaps that is what the problem has been.

As I was saying, before I was rudely interrupted, my role on the advisory board of the London School of Commerce has been enthralling and interesting. I have watched the development of a private education provider that has dabbled with the idea of having full university status and trying to get degree-awarding powers but has actually expanded overseas. This debate is probably not a great opportunity to talk about the Government’s immigration-related policies, but let me say that I do recognise that they have had an impact on the broader higher education sector; a school that had some 7,500 students coming from abroad only 10 years ago now has about a third of that number. However, one interesting thing has been that this college provides two-year degrees and charges well under the £9,000 limit, and there has been growth in the number of domestic students in recent years; there is a sense that this is a vocational, value-added degree going forward. I have watched the college develop further colleges overseas in places such as Kuala Lumpur and Dhaka in Bangladesh, and in a number of European centres. The fact that the college is often just regarded as an alternative provider fails to acknowledge its genuine contribution to the vital eco-system of higher education, where this Bill, perhaps belatedly, is doing important work. Elements of this Bill would have come into place some five years ago had it not been for some high-profile problems arising.

It is fair to say that there is an apparent sense of rude health in this sector, and we all have to recognise that this is a hugely important business and revenue generator for UK plc. That is partly because of the benefit of our having the English language, but to a large extent it is because we have highly recognised and highly approved standards of quality. We perhaps take that for granted with our own education providers, be they in the HE or the FE sphere, but this is not necessarily the case in many other parts of the world. The Minister will know that we have some 125 publicly funded HE institutions, which have almost 2 million students. The sector employs 170,000 academic staff and has an income in excess of £25 billion per year.

The research side of what is being proposed in the Bill is crucial, as innovation is at the heart of what is done in many of our universities, although not all. It is right to recognise that some providers in this sphere will not go down the research route, recognising that they will be focusing largely on vocational education. It is also important that we bear in mind that it is not just spin-off companies from the Cambridge universities of this world that do well; a huge number of high-tech companies, in pharmaceuticals and in other areas, have tremendous successes.

I have been the MP in this district for the past 15 years. Right in the heart of London, we have a tremendous array of HE providers. We have the super Russell Group of the London School of Economics, King’s College London, Imperial and, just outside my constituency, University College London. They are globally successful universities, and in many ways the dominance in popular culture of Oxbridge is now being threatened, in a positive way, by the raising of standards by those four London universities, which are now global players in what they do.

I also have in my constituency one of the sites of the London Metropolitan University, which has been a troubled institution. I have worked with a number of MPs across the House to try to make the case for its continued existence in these troubled times. When I hear debates such as the one that took place earlier today on the idea of allowing universities to fail, I think that that is an important part of any economic eco-system. I do not deny that the implications of such a failure for employees and for students cannot be ignored, but I believe that that is a healthy state of affairs if universities are not doing the job and not providing the education that they ought to provide. If that education is not of appropriate quality or there is insufficient demand for it, universities should not be preserved just because they have existed as institutions for a long time.

I welcome the Bill. I shall focus my brief comments on part 1, which deals with the creation of the office for students. No one can deny that the regulatory system in this sector has evolved into a bafflingly complex framework of organisations and an alphabet spaghetti of acronyms. The overlap between the Higher Education Funding Council for England, the Office for Fair Access and the Quality Assurance Agency for Higher Education has rightly been identified. The new mechanism will get rid of that overlap.

I wholeheartedly support the recognition of the role of students as consumers. They are far more conscious of that role than they ever were in my time as an undergraduate in the mid-1980s, and that is a positive thing. One of the by-products of students paying for their education is that they want to get good value from it. They will be much more critical of poor or repetitive teaching. They will want to ensure broadly that the facilities, both academic and non-academic, within the institutions to which they are paying that money are of a high standard. When I see undergraduates in my constituency, I am struck by how focused they are on getting the best out of their education. One might say that that is consumerism; one might say it is a source of regret for those of us who were at university in bygone decades. I think it is a healthy state of affairs that students take such matters seriously. The Bill implicitly recognises that by setting up the office for students.

The Bill needs full scrutiny in Committee and in the other place, where there are plenty of experts in this field. There are concerns about the granting of provisional degrees, which were mentioned earlier by the hon. Member for Blackpool South (Mr Marsden). The proposals to relax the criteria for validating degree-awarding powers will need to be examined thoroughly. I have some sympathy with the view that because the title of a university is much respected, it should be clearly protected and defined. I hope that if we have a system that allows market failures, the Government will make provision for the interests that need to be protected. No university should be seen as too big or too old and established to fail. A range of regulatory relationships will need to be clarified, but the Bill establishes an important new architecture for the higher education system.

One aspect that will no doubt be debated here and in Committee is Government and ministerial interference in university courses. We need to ensure above all that those institutions retain as much academic and administrative freedom as possible. That is important going forward.

I take this opportunity to congratulate the Secretary of State on the ambitious proposals set out in the Bill. She has already shown herself willing to put excellence and elitism at the heart of the state school system, with her open-mindedness about the expansion of the grammar school sector. As a committed Conservative and former grammar school boy, it is tremendous for me to hear a Conservative Government putting social mobility at the heart of our educational philosophy.

I regard the promotion of competition, variety and consumer choice as long overdue, so I am delighted that this Secretary of State and her Minister for Universities and Science have indicated the intention to take on the vested interests in this field. There are few things as conservative as the left-leaning cadre of vice-chancellors. I wish the Bill Godspeed and look forward to hearing the rest of the debate on it this afternoon.

Higher Education and Research Bill

Mark Field Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 21st November 2016 Commons Chamber

[Joseph Johnson]

The TEF is not being rushed; it is being piloted for the first two years. Awards will not be differentiated until 2019-20, with effect from the 2019-20 academic year. That is a significant period for the reforms to bed in. The university sector has welcomed the link to fees. Universities UK has recognised that there is a need for such a link and that we need to fund on the basis of quality as well as quantity. There is no attempt by the sector to separate the link.

[Mark Field (Cities of London and Westminster) (Con)]

I applaud the Minister’s view that we should focus on quality in the sector, rather than just volume, which is one of the problems that has beset the higher education sector in the past 20 or so years. Is there any international parallel for the OFS? Does such a body exist in Canada, Australia or other big global higher education sectors? Are we taking a lead, or following elements of what has happened elsewhere?

[Joseph Johnson]

I thank my right hon. Friend for his helpful intervention. We have studied regulatory systems around the world in drawing up our proposals for the OFS. Our system is in line with several in the Anglophone countries that have moved towards a market-based system in which the student is the primary funder of his or her higher education experience. It is therefore incumbent on us to put in place a system of regulation that recognises that we are moving away from the classic funder model of regulation that was put in place by the Further and Higher Education Act 1992, which created the Higher Education Funding Council for England.

New clause 12 and amendment 47 seem to misunderstand the aim of the TEF. Changing the ratings, as proposed by amendment 49, would fundamentally undermine the purpose of the TEF by preventing students from being able to determine which providers are offering the best teaching and achieving the best outcomes. Amendments 46 and 47 would stifle the healthy development of the TEF, and amendment 50 ignores the reasoned and consultative approach that we have taken and will continue to take in developing the metrics.

Let me set out the reasons why amendments tabled by Opposition Members on our plans for degree-awarding powers are unnecessary—namely, new clauses 4 and 7, and amendments 40 and 41. Our reforms will ensure that students can choose from a wider range of high-quality institutions. If the higher education provider can demonstrate their ability to deliver high-quality provision, we want to make it easier for it to start awarding its own degrees, rather than needing to have degrees for its courses awarded by a competing incumbent. We intend to keep the processes on scrutiny of applications for degree-awarding powers, which have worked well so far, broadly as they are. That includes retaining an element of independent peer review for degree-awarding powers applications. Setting this out in legislation, as new clause 4 suggests, would tie this to a static process which would be inflexible. We intend to consult on detailed circumstances where degree-awarding powers and university title might be revoked, including changes of ownership, so there is no need for new clause 7. As for amendments 40 and 41, I can reassure Members that we will, as now, ensure that the very high standards providers must meet to make such awards will be retained. We are streamlining processes, not lowering standards, and these amendments are therefore unnecessary.

The hon. Member for City of Durham (Dr Blackman-Woods) has proposed amendment 58 on the criteria an institution should demonstrate in order to be granted university title. None of these are current criteria. Like now, we intend to set out the detailed criteria and processes for gaining university title in guidance, not in legislation.

This group also includes some technical amendments to ensure that the legislation delivers the policy intent set out in our White Paper. I know Opposition Members will be keen to talk about the amendments they have tabled, and I look forward to responding to any further points raised.

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[Mark Field]

The hon. Gentleman will know that I entirely accept his last point about a number of these postgraduate courses. In an ideal world, as he knows, I would not have students in the immigration figures, but we are where we are and they will remain in those figures. Surely one of the lessons of Brexit is that this issue is of massive concern to many of our fellow countrymen. Therefore, it is incumbent on universities to ensure that we get high-quality students from abroad, and that is really the focus of what the Government are trying to achieve here. We need to ensure that those students who come here are the crème de la crème and will add the sort of experience to which he referred earlier in his contribution. By having a group of high-quality students, we will command the confidence of the public that we are getting only the brightest and the best, rather than a volume operation in our universities.

[Paul Blomfield]

I thank the right hon. Gentleman for his intervention. He and I have worked closely on a number of these issues, and we do agree that international students should be taken out of net migration targets. On the point that he raises, I disagree with him. I know that we would come together in saying that our universities are a great British export industry, but I am genuinely puzzled why the Government do not see them as an industry in other terms. We do not put in measures to seek to discourage the automobile industry from selling cars; we try to encourage it to sell more cars. Similarly, on the point that he raises, we do not say, “Well, we just want you to sell Rolls-Royce cars. We don’t want you to sell Minis.” It is nonsense economically for our country and for the local economies that we all represent. That is the nub of the problem.

The right hon. Gentleman talks about the way in which these issues are viewed by the public. International students are not viewed as a threat or as an issue on which the Government should be taking action. A recent poll showed that 75% of people wanted to see the numbers of international students either stay the same or go up, but the Government strategy, as he knows, is moving us in the other direction.

The Home Secretary, albeit against her will, made a speech to the Conservative party conference in which she put international students at the centre of her plans to cut migration—I am sure that the right hon. Gentleman will agree that she was wrong to do that. She introduced a new tool, to which he has alluded, with which she planned to do it. It is by linking visa approval to the quality of courses. We need to reflect on that, because it is a very significant development, as we now have a policy objective of reducing international students—the Government did it by default in the previous Parliament.

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[Carol Monaghan (Glasgow North West) (SNP)]

I rise to speak to new clause 14 on post-study work visa evaluation, and I reserve the right to push it to a vote, if required.

The SNP continues to press for the reintroduction of the post-study work visa. The new clause would ensure we had an evaluation of how the absence of this key visa has affected the UK economy and how a new visa may be implemented.

As we have heard, the post-study work visa is an important lever for attracting the best international student talent. There is consensus in Scotland among business, education and every political party represented at Holyrood that we need a return of the post-study route to allow these talented students to remain and to contribute to the Scottish economy.

The outcome of the EU referendum makes it even more important that the UK Government honours the recommendation in the Smith report to explore a potential post-study work route to ensure that Scotland continues to attract and retain talent from around the world. The longer we wait for the Government to move on this, the more damage is being done socially and economically.

The current post-study work offer is not adequate for Scotland. We have offered to discuss the reasons behind that with UK Ministers and Home Office officials, but, disappointingly, UK Ministers appear to rule out a return of the post-study work visa— without meeting Scottish Ministers or the cross-party steering group that has been set up at Holyrood.

The current immigration policy poses a significant risk to Scottish universities. Data published in January show that Scotland saw a 2% increase in international entrants in the academic year 2014-15, compared with the previous year. On the face of it, that may appear positive, but by comparison, from 2013-14 to 2014-15 the number of international students entering higher education in the United States increased by 10%. Rather than being able to take advantage of this growth sector and use it to create economic growth locally, our numbers are expected to remain stagnant, which is simply not good enough.

The Home Office released details of a low-risk tier 4 pilot in July this year, which was—maybe “welcomed” is not the correct word—viewed with some interest. However, we are troubled that it was introduced without any consultation with the Scottish Government, Scottish institutions or, indeed, institutions from across the UK. Universities Scotland said:

“we’re disappointed that the opportunity of the pilot has been framed so narrowly to only four universities none of which are in Scotland. We’d argue that a broader pilot, involving a wider group of institutions, would have provided more meaningful lessons from which to build.”

[Mark Field]

The hon. Lady has made a strong case for why she feels post-study work visas should be reintroduced. Does she accept that one of the main reasons for a clampdown by the UK Government is that a number of people come in on these visas and then simply go to ground, and they cannot be removed from this country even though they are here only on a student visa? In making the case that these visas should be reintroduced, will she tell us a little about the further obligations she thinks should be on the universities granting them? They surely cannot simply get students in, take the money and then wash their hands of any responsibility.

[Carol Monaghan]

Certain rogue institutions—particularly private FE colleges—have in the past not complied with visa regulations, but there is little evidence that the HE institutions in the scope of this Bill have any record of non-compliance, so I do not accept the points the right hon. Gentleman makes.

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[Mark Field]

Will the hon. Lady give way?

[Carol Monaghan]

No—I have given way enough for the moment.

Last month, Professor Timothy O’Shea, the principal of Edinburgh University, addressed the Scottish Affairs Committee and warned that future restrictions on free movement would have a damaging impact on the sector. He said:

“Yesterday the Prime Minister said helpfully that perhaps a special relationship might be necessary for workers in the City, for the car industry. But God help me if the City and the car industry deserve a special deal, then the universities...they are more dependent on the mobility of highly skilled labour than any other sector.”

As we move towards Brexit, we have the potential for a much wider pool of international students who may wish to come to study in our universities, and we need to think very seriously about the visa solution for that. For example, there is the situation of Ireland. Under the Ireland Act 1949, Ireland is stated not to be a foreign country. What special arrangements will be in place for Irish students who want to come and study in our institutions?

I want briefly to discuss the amendments tabled by the hon. Members for Blackpool South (Gordon Marsden), for Ashton-under-Lyne (Angela Rayner) and for Sheffield Central (Paul Blomfield) that deal with their concerns about the proposed metrics in the teaching excellence framework. There was much discussion in Committee about this. As the hon. Member for Sheffield Central said, there is concern that the metrics being used give no indication of the quality of teaching. In Committee we mentioned the Scottish enhancement-led approach, which is a far more thorough and possibly better method of determining quality. Apparently, however, the metrics proposed by the Government are being pushed ahead with. We are happy to support the amendments tabled by Labour Members.

Amendment 51 would require automatic voter registration in universities. That looks like an extremely innovative idea—and for once, I have to admit, it has not come from Scotland. Perhaps we can start to consider it in Scotland.

We are short of time and there are later amendments that my hon. Friends are keen to press, so I conclude by saying that we will support the amendments I have mentioned and that I hope we can have some movement on new clause 14.