Lifelong Learning (Higher Education Fee Limits) Bill

Munira Wilson Excerpts

Report stage
Wednesday 3rd May 2023 Commons Chamber

The only delegated powers that will be subject to the negative resolution procedure relate to the minor amendments that the Bill makes to existing powers under section 10 of the Higher Education and Research Act on prescribing qualifying courses for fee limit purposes, which Parliament has already agreed should be subject to the negative resolution procedure. The amendment would also require that the affirmative procedure applies to provisions that are not normally subject to it, which do not require mandatory normal parliamentary debates, such as commencement or transitional and saving regulations.

[Munira Wilson (Twickenham) (LD)]

I welcome the Minister’s assurances, both in Committee and now, that regulations will specify the number of hours that make up a credit. However, does he agree that putting the definition of a credit in the Bill, as proposed in my amendment 2, would give higher education providers confidence that credit values would not be devalued either by this Government or any future Governments?

[Robert Halfon]

I understand the intention behind the hon. Lady’s amendments. Putting the learning hours into secondary legislation rather than primary means that providers that use a different number of learning hours per credit will simply have their courses treated as non-credit-bearing, rather than being considered in breach of fee limits as a whole. The Office for Students would have the ability to take action against the provider from a quality and standards standpoint if it deems necessary, but the provider would not face additional consequences for reaching the fee limit rules.

We do not intend to change the number of learning hours in a credit unless the standards in the sector change. Learning hours are and should continue to be based on sector-led standards. Regulations on learning hours will have to follow the affirmative resolution procedure, so Parliament will always get the chance to have a say. The approach protects the existing use of credits as a standard that is owned and maintained by the sector, and ensures that the autonomy of the sector continues to be upheld but also allows a flexible approach in case standards change.

For the reasons that I have set out, and given that we are subjecting so many of our regulations to the affirmative procedure, as laid out in the delegated powers memorandum, which the hon. Member for Warwick and Leamington will have seen, there is no need for amendment 3 in primary legislation. I hope that he will be satisfied with that and will withdraw it.

Amendment 5, which stands in the names of the hon. Members for Warwick and Leamington and for Chesterfield, would require the Government to publish a written ministerial statement ahead of laying the first set of regulations under the Act, updating the House on the progress of the lifelong loan entitlement policy and how the regulations aim to support it. The Government will endeavour to publish a written ministerial statement ahead of laying regulations under this Act on both the development of regulations and the progress that the short course trial has made. However, it is not necessary to enshrine that commitment in primary legislation.

I would like to bring to the attention of the hon. Member for Warwick and Leamington that the Government’s intention is to lay the first regulation under the Act in mid to late 2024. It is possible that regulations under the Bill will be the first made. In addition, as is standard practice, explanatory memoranda will be laid alongside all regulations, which will explain the scope and purpose of the regulations. The Government will also publish those on the legislation.gov.uk website, explaining what the regulations do and why.

As I mentioned earlier, the majority of regulations under the Act—certainly, all those that go to determine the actual fee limits—will be subject to the affirmative procedure and all Members of the House will have an opportunity to debate the regulations in Committee. Members appointed to the Committee will be able to vote, once they have been referred to the Delegated Legislation Committee. As such, the amendment is not necessary and the Government cannot support it, so I hope that Members feel able to withdraw it.

Question put, That the clause be read a Second time.