Higher Education and Research Bill

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

(8 years ago)

Commons Chamber
Read Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 21 November 2016 - (21 Nov 2016)
Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
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I rise to speak on new clause 7 and amendments 49 to 51, which are in my name. New clause 7 and amendments 50 and 51 cover ground we discussed at length in Committee so I will refer briefly to those points then talk a little longer on amendment 49.

New clause 7 provides for automatic review of degree-awarding powers where ownership of a university changes. This is rooted in experience of the sort of system the Minister is seeking to create in the United States, where a number of institutions with a reasonably well-established reputation changed ownership and fundamentally changed the product and service delivered to students. We need to learn from the mistakes made in the States by ensuring that, should we find ourselves in this new terrain with institutions in this country with degree-awarding powers changing ownership, that should automatically trigger a review of their status. I would welcome some reassurance from the Minister on how he intends to deal with that issue, if not through this new clause. Otherwise we could find ourselves in the same situation as the States, and not only have the reputation of the sector damaged, but students let down and still carrying a fee-debt. So this is a crucial issue that we need some clarification on.

Amendment 51 covers terrain I have discussed with the Minister on a number of occasions. It simply seeks to require universities to introduce the integrated student enrolment system with voter registration, which is recommended by Universities UK, supported by the Cabinet Office and was originally and very successfully piloted by—I have to get this reference in—the University of Sheffield.

The Minister and I share a common objective of trying to improve the levels of voter registration among students. This has been a demonstrably effective way of doing that where we rolled it out not only as a pilot in Sheffield, with the support of the Cabinet Office, but in other universities—Cardiff, de Montfort and many others, which have gone on to introduce it. This seems like a good opportunity, as we are looking at the registration requirements of universities, to roll it out across the country to achieve objectives we both share.

I have discussed this with the Minister and also his colleague from the Cabinet Office, the hon. Member for Kingswood (Chris Skidmore). There was due to be a roundtable at which we were going to discuss it further tomorrow, but that has been cancelled and kicked into the long grass of sometime in the new year, I was told last week. Given the shared objectives in this area, I would like to hear from the Minister why we cannot simply use this opportunity to get this matter sorted out.

Amendment 50 reflects concern over the reliability of the metrics used to measure teaching excellence. I emphasise, as I did many times in Committee, that we all welcome the Government’s focus on teaching excellence, and we can all work effectively together on the principle of the teaching excellence framework. However, the metrics on employment outcomes, on retention and on the national student satisfaction survey have been identified by the Government themselves as a proxy for teaching excellence.

The amendment simply seeks to add to the Bill a requirement that the metrics used by the Government to determine teaching quality should have a demonstrable link to teaching excellence. This was the unanimous recommendation of the then Business, Innovation and Skills Committee, of which I was a member. We all agree that employment outcomes do not necessarily demonstrate teaching excellence. There are also enormous regional variations in employment outcomes and salary levels. The Minister will know that someone who comes from the right family and goes to the right school and university could have an awful teaching experience but still get a decent job. The converse is also true. People who do not come from the right family and who do not go to what many see as the right university could have an excellent teaching experience but not command such high salary levels. So employment outcomes are a crude and almost perverse proxy measure of teaching excellence. I would therefore welcome the Minister’s observations on why this simple amendment to introduce a demonstrable link between the metrics and teaching excellence would not strengthen the Bill and will not be accepted by the Government.

Mark Hendrick Portrait Mr Mark Hendrick (Preston) (Lab/Co-op)
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Should the demonstrable link involve a recognition of the experience and qualifications of lecturers? What does my hon. Friend have in mind when it comes to proving that teaching quality exists?

Paul Blomfield Portrait Paul Blomfield
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Measuring teaching quality is difficult, but if we are going to do it, and if we are going to link fee increases to it, we should do it well rather than badly. For example, the Higher Education Funding Council for England is piloting some work on value added to determine how it can be demonstrated that good teaching has contributed to students’ learning outcomes during a particular period. That is the kind of research we should be looking at before we rush into establishing a teaching excellence framework that might end up measuring everything but teaching excellence.

Roger Mullin Portrait Roger Mullin
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Does the hon. Gentleman therefore agree with Professor Jack Dowie’s view that the teaching excellence framework measures what it measures but does not measure the quality of teaching excellence?

Paul Blomfield Portrait Paul Blomfield
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The hon. Gentleman has expressed my concern exactly. This is the reason behind my amendment. There should be agreement across the House that the teaching excellence framework should measure the quality of teaching. That does not seem controversial to me, and I am therefore disappointed that the Government were unable to accept the unanimous recommendation of the BIS Committee. I want to press the Minister further today to find out his reasoning for this.

Amendment 49 raises new concerns that became clear only as the Bill progressed through Committee. It is apparently the Government’s intention—although I recognise that it might not be the Minister’s wish—to link the visa regime for international students to quality measures. There are Members present on both sides of the House who share my concern, so let me put it in context. The Minister will agree that international students are hugely beneficial to this country and to our universities. They enrich the learning environment of our campuses. In an even smaller world, in which we need to understand each other better than ever, it is a huge advantage for British students to learn in our classrooms and laboratories alongside students from around the world. International students add hugely to our universities’ research capacity, also strengthening local businesses, as I know from my experience in Sheffield.

We should add to that the huge benefits of the lasting relationships that we build with those who study here. According to the Higher Education Policy Institute, 55 world leaders from 51 countries studied here. That leads to the sort of soft power that is the envy of other countries—political influence, commercial contracts, and so on.

Rupa Huq Portrait Dr Huq
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I am loth to interrupt my hon. Friend because he is in full flow and making a powerful point, but does he agree that the Bill was conceived before Brexit and that the world has changed since then? I am holding a Westminster Hall debate on this subject on Wednesday and have received emails from academics and students from all over the country saying that this entire thing should be scrapped because the context is so different and everything has changed for higher education since the decision on 23 June.

Paul Blomfield Portrait Paul Blomfield
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I look forward to joining my hon. Friend in Westminster Hall on Wednesday, because she makes a valid point—one that a number of us made in Committee. This pre-Brexit vision should have been parked and rethought as a result of the decision on 23 June because the challenge facing our universities is fundamentally different and of enormous proportions. We need to reconsider the proposals.

Mark Hendrick Portrait Mr Hendrick
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On that point, many mainland European universities now offer courses in English. Our leaving the European Union will significantly disadvantage British universities in attracting foreign students, because degrees in some European countries are now offered in English, not necessarily in French, German or the native language.

Paul Blomfield Portrait Paul Blomfield
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My hon. Friend highlights a new dimension to the challenge facing our universities as a result of Brexit. My wider point about international students existed before 23 June, but we now face a situation in which the 185,000 international students, of some 500,000, from EU countries may no longer choose to come here. However—this is crucial in relation to my hon. Friend’s intervention—30% of the non-EU students who were polled before 23 June said that the UK would be a less attractive destination if we chose to leave the European Union. Our competitors in Europe, adding to the competition that we already get from Australia, Canada and the United States, are seizing the opportunity to teach English-language courses, which will become very attractive.

Jim Cunningham Portrait Mr Jim Cunningham
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Coventry has two universities. A big concern following Brexit is that international students, in particular from countries such as India, are now looking at north America, given the difficulty they will have in coming to this country when they are treated as immigrants. They should be removed from immigration figures, because the benefits amount to just under £10 billion coming into this country. I hope the Government are taking that seriously.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. The hon. Gentleman is certainly testing my patience. It is one thing to come in and then ask a question, but it is another thing to stretch it into a speech. The hon. Member for Sheffield Central is being generous with interventions, but we do not want to get into a Brexit debate.

Paul Blomfield Portrait Paul Blomfield
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Thank you, Mr Deputy Speaker. I appreciate the intervention of my hon. Friend, because he is a strong champion of the two universities in Coventry and he makes, on every occasion, this strong point about the importance of international students. He is right. Many universities around the country will be in crisis if there is a significant drop in the number of international students. It will mean not only that their incomes will drop, but that many of their postgraduate taught courses, which are viable only because of the levels of income that are brought through our international students, will cease to be viable, cease to exist and cease to be available for UK students. It is a hugely important issue.

Mark Field Portrait Mark Field
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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 Portrait Paul Blomfield
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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.

Lord Johnson of Marylebone Portrait Joseph Johnson
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The hon. Gentleman should remind himself that international student applications have gone up 14%.

Paul Blomfield Portrait Paul Blomfield
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Well, I would be interested to hear the Minister intervene again and say over what period, because he will know that, over last Parliament, the numbers flatlined and we lost market share.

Lord Johnson of Marylebone Portrait Joseph Johnson
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The answer is since 2010.

Paul Blomfield Portrait Paul Blomfield
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We will probably disagree on those figures. I think I have heard the Minister say previously—if it was not him then it was his predecessors and previous Immigration Ministers—that there was no damage from the measures that were taken in the last Parliament, because numbers flatlined. From my point of view, flatlining in a growing market is a defeat. We would not say that the world is buying 20% or 30% more cars, but the great news is that our exports are flatlining. It does not make sense. However, I am sure the Minister will agree that international students are an extremely good thing for our economy. It is therefore deeply worrying that the Home Secretary put international students at the centre of her plans to cut migration.

Wes Streeting Portrait Wes Streeting
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I strongly agree with everything that my hon. Friend is saying. Can he imagine a scenario where higher education institutions are recruiting UK students on to courses, but sending a message to people from overseas that the courses are not good enough for them? What conclusion will UK students draw? If the courses are not good enough for international students, surely they are not good enough for home students.

Paul Blomfield Portrait Paul Blomfield
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My hon. Friend makes the point that I was about to make. If we were looking at a teaching excellence framework in parallel with our competitors around the world, and if we were together saying that we think the world market in international education needs such a tool and that in that world market it would be helpful to have institutions ranked as gold, silver and bronze, that would be one thing; but for us unilaterally to declare to the world that we are differentiating our institutions and saying that a good two thirds of them, perhaps, are less good than others, that can do nothing other than damage our ability to recruit international students and to earn the money that we do from them, as well as the jobs and support for our economy that that brings.

Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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Does the hon. Gentleman agree that there may be not just reputational damage at home, but consequences abroad? My own university, Bangor, takes a large number of Chinese students, but its good name in Bangor enables it to have a site in China and a very successful operation there. There would be reputational damage of that sort as well.

Paul Blomfield Portrait Paul Blomfield
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The hon. Gentleman makes an important point. It is not just the recruitment of students but the brand strength of UK universities, which is extraordinarily high, that is put at risk by the measure.

Last week in Westminster Hall I sought assurances from the Immigration Minister as to whether it is the Home Office’s intention to use the teaching excellence framework measurement of quality as a basis for its visa regime in an attempt to cut down the number of international students. I got no reassurance. I gave the Minister a couple of opportunities to say that the Government did not intend to use the TEF for that purpose and he failed to do so.

The amendment says that until we are clear about the Government’s intention in relation to differentiation by gold, silver and bronze grading, and following a proper economic impact assessment of what that might mean for our universities, we should not seek to differentiate the teaching excellence framework in this way and we should simply have meeting expectations or not meeting expectations ratings. I accept that it is not the Minister’s intention to damage our universities by the introduction of this differentiation, but it could be the unintended consequence of the actions of the Home Office, so we need reassurance on the issue.

As we have heard, these are challenging times for our country. Charting our post-Brexit place in the world will be a big job. We need to win friends, not alienate them. The prime ministerial trade mission to India recently demonstrated that many of those friends will put access to our universities at the heart of any discussion of our future relationship, even on the issue of trade. We will not be able to separate those. We cannot afford to put the sector and the export earnings that we get from international students at risk in this way. I therefore ask the Minister to think again.

Carol Monaghan Portrait Carol Monaghan (Glasgow North West) (SNP)
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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.”

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Roberta Blackman-Woods Portrait Dr Blackman-Woods
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I, too, think that BT has a number of strengths as a company, but it is yet to be determined whether it is very good at running a university. We will only know that in due course. If BT runs a university, I want to ensure that it is a university as we would commonly understand it, not simply a company that offers a degree course.

Paul Blomfield Portrait Paul Blomfield
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The hon. Member for Bury St Edmunds (Jo Churchill) picked out the issue of five-a-side football, but does my hon. Friend acknowledge that there is a wider issue? This is the first major Bill on higher education for a generation, and it provides an opportunity to extend university title quite widely. Is not the nub of the problem the fact that no attempt is made to define what a university is?

Roberta Blackman-Woods Portrait Dr Blackman-Woods
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I concur exactly with my hon. Friend. In Committee, the Minister said that he was setting

“a high bar that only high-quality providers will be able to meet.”––[Official Report, Higher Education and Research Public Bill Committee, 11 October 2016; c. 410.]

Unfortunately, at this point in time we have absolutely no idea what is meant by that high bar. I am hoping we will hear from the Minister exactly what he means by a university and what will be in the guidance, and that the quality and breadth of offer of our universities will be protected and will not be got rid of by this Government.

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Lord Johnson of Marylebone Portrait Joseph Johnson
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The visit to India, which I was honoured to be part of, was a big success in that it gave us numerous opportunities to reiterate our strong message that we welcome genuine students. There is no limit on the number of genuine students who can come and study at our world-class institutions, and there is no better place than the UK to receive a higher education. We want to see more such students coming to study here.

Paul Blomfield Portrait Paul Blomfield
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I assure the Minister that we are very calm about this issue, but he could calm us further by explaining what the Home Secretary meant when she talked about the use of quality in relation to the visa system, and in particular when she said that she would be

“looking at tougher rules for students on lower quality courses.”

What does that mean?

Lord Johnson of Marylebone Portrait Joseph Johnson
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High-quality institutions are compliant institutions. We want compliance to be a strong feature of our system. It is important that the sector should do all it can to be compliant with Home Office regulations. The ability to bring students in on tier 4 visas is a privilege, not a right, and it comes with an obligation to ensure that students who come to this country to study follow the terms of their visas. The sector should welcome that because it wants a high-quality system of international study. The Government will be bringing forward a consultation paper in the coming weeks that will enable everyone across the sector, including the hon. Gentleman, to contribute their views on how best this can be achieved.

Paul Blomfield Portrait Paul Blomfield
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The Minister talks about compliance. Why did the Home Secretary not talk about compliance? She talked about

“tougher rules for students on lower quality courses”,

but there was nothing about compliance. What did she mean by that?

Lord Johnson of Marylebone Portrait Joseph Johnson
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If the hon. Gentleman reads the Home Secretary’s speech carefully, he will see that she did mention compliance. She mentioned compliance and quality. High-quality institutions are compliant institutions; they are one and the same.

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Wes Streeting Portrait Wes Streeting
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I am grateful for the opportunity to move new clause 2 and to speak to the other new clauses concerning student finance.

Millions of people across the UK have been mis-sold loans and will end up paying thousands of pounds more than expected as a result. The perpetrator of the mis-selling scandal is not an unscrupulous high street bank or a payday lender; it is our own Government. The victims are current students and graduates who were sold student loans on the basis of false assumptions and broken promises.

For the vast majority of students in England and the rest of the United Kingdom, Government-backed loans are an essential source of financial support to cover the cost of their tuition fees and the substantial costs associated with their studies, such as the rising cost of university accommodation, food and subsistence, course materials, and making the most of their student experience. In England, students are able to take out a tuition fee loan of up to £9,000 a year and an additional maintenance loan to cover living costs of up to £11,000 a year. As a result, English students now graduate with the highest levels of debt in the western world. Following the Government’s decision to axe non-repayable student grants for the poorest students, those from lowest-income households, scandalously, graduate with the most debt. It is a terrible iniquity in the system and one that I am glad to see the Opposition Front-Bench team addressing this afternoon.

Many students will not have forgotten that the decision to scrap student grants was not taken in this House, but down the corridor and up the stairs through a statutory instrument in a Committee of which most people have never heard. That is not how the Government should take major decisions on student finance. Students and their families were sold loans on the basis of a series of simple promises from Ministers: loans will be repaid only once students have left university; they will be repaid only after graduates start earning over £21,000 a year; graduates will repay 9% of everything earned above £21,000 a year; and the £21,000 figure will be uprated each year in line with average earnings from April 2017.

Around this time last year, however, buried in the fine print of the previous Chancellor’s autumn statement was an announcement that the repayment threshold will remain frozen at £21,000. As a result, graduates will end up paying more each month and thousands of pounds more over the 30-year lifetime of their loans. Worst of all, the change will affect not only future students, who can consciously decide to sign up to those repayment conditions, but thousands of existing students and graduates who took out their loans in good faith on the promise that the repayment threshold would increase from 2017. Not only does that retrospective change fly in the face of the principles of good governance, but it is deeply regressive. It is estimated that around half of graduates will never pay off their loans before their debts are written off by the Government. Such graduates, by definition on lower and middle incomes, will end up paying back thousands more over the lifetime of their loan, whereas the richest graduates will be able to repay their debts more quickly and accrue less interest.

Financial experts and advisers are rightly furious. In an astonishing performance in a Bill Committee evidence session, Money Saving Expert’s Martin Lewis described the Government’s decision to break their commitment to students as “abominable and disgraceful”. The Government will argue that the small print of student finance regulations makes the change entirely permissible and reasonable, but as Martin Lewis told the Committee:

“Looking at students as consumers, if they had borrowed money from a commercial lender, the Financial Conduct Authority would have struck out in a second the idea that, five years after announcing that the repayment threshold would go up from £21,000 in April 2017 with average earnings, that would be frozen.”––[Official Report, Higher Education and Research Public Bill Committee, 6 September 2016; c. 38, Q55.]

It is important to bear it in mind that the Government’s promise to students and applicants was not just in the marketing material of Government and of universities, which understandably assumed that the commitments would be lasting, but written in black and white by the former higher education Minister, now Lord Willetts. Having worked with Lord Willetts over a number of years, I have no doubt that he made that undertaking in good faith. He could not have possibly known that a future Chancellor, or a future Government, would not only break that commitment, but apply the change retrospectively.

Banks would not get away with mis-selling on this scale, and neither should our Government. I have teamed up with Martin Lewis to put forward amendments to the Bill. The amendments, which I am delighted to say have cross-party support, will prevent Ministers from making retrospective changes to student loans that would penalise existing students and graduates.

New clause 2 would put in place some architecture through the appointment of three independent advisers, who would look carefully at any proposals that, retroactively, make changes to student loan repayment conditions. They would apply a number of tests: is it to the benefit of the majority of graduates; do the Government believe that to be the case as a result of consultation; have the Government made a case that the proposal would be progressive in effect; and would it help some of the most disadvantaged students or graduates? If those conditions are passed, the Government might be able to proceed, because, clearly, this House would not want to prevent the Government from making positive changes that would benefit graduates. What those tests would do is prevent Ministers from behaving as the previous Chancellor did, which was to make changes in the small print of the autumn statement and apply them retrospectively after commitments have been made in good faith.

New clause 3 would also bring student loans within the scope of the Financial Conduct Authority. Despite the existence of an independent student loans company, Ministers have still found ways to flout regulations for the benefit of the Treasury and to the detriment of students and graduates, which is really quite appalling.

Paul Blomfield Portrait Paul Blomfield
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My hon. Friend is making an extremely powerful case. Does he not think that, had this happened in another context, the behaviour might have been described as fraudulent?

Wes Streeting Portrait Wes Streeting
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I entirely agree with my hon. Friend, which is why the student loans system should be brought within the scope of the Financial Conduct Authority. Had a high street bank or a payday lender behaved in such a way, there would be outrage everywhere, including in this House. The Financial Conduct Authority would mount an investigation. The Treasury Committee, of which I am a member, would ask questions. It seems that a Chancellor can just decide to save a few quid in the autumn statement and make retrospective changes that would penalise existing students and graduates.

This is an issue not just of fairness and equity for existing borrowers, but fundamentally of trust. What is to stop future Governments making changes further down the line about all manner of things, including interest rates, repayment periods, tapers and thresholds? On that basis, how can current or prospective students have confidence that promises being made today will be kept tomorrow? To be honest, this is a very personal issue for me. Some years ago, Martin Lewis, from Money Saving Expert, and I agreed to work with the coalition Government on an independent taskforce on student finance information. Martin was invited to take part because of his widespread reputation as one of the most trusted people in the country when it comes to financial advice and saving consumers money. It was felt, quite rightly by Lord Willetts— then the higher education Minister—that Martin would be an independent voice on those matters and someone whom people could trust. Martin then asked me to work with him as his deputy, with Lord Willetts’ agreement, on the basis that I had recently completed my term as president of the National Union of Students.

Although I opposed the decisions that had been taken by successive Governments around higher education funding and student finance, I believed that it was critical to take part. I thought it would be appalling if a single student was deterred from applying to university on the basis of misunderstanding the information. If students look at the information and the student finance system and decide to make a different choice, that is for them, but I thought that it would be a travesty if a single student was deterred on the basis of misunderstanding and misinformation.

We went round the country visiting schools, colleges and universities and we appeared in the media, promoting the Government system—not on its merit, but on the facts of the system. We served what I thought was an important public duty and purpose, but we were misled—inadvertently—which means that we therefore misled students and graduates up and down the country. We told them that the repayment threshold would go up in line with earnings from April 2017; that is what we were told by Ministers at the time. That is what students, teachers, parents, family members and advisers were also led to believe.

The Government need to reflect very carefully on what message it would send to each of those groups if future Governments can come along and retrospectively change the system to suit the Treasury. It is a terrible, terrible precedent that undermines trust not just in the student finance system, but in politics as a whole. We are not so far from a general election, or indeed from a referendum campaign, to know that trust in politics in this country is at rock bottom. People do not trust politics and they do not trust politicians. From my experience of this place in the past 18 months, I can say that, for all our disagreements, I have great pride in our political system and in the way in which it works. However, when it comes to decisions such as these, I completely understand why politicians are held in such low regard. On too many occasions, politicians have said one thing and done another. On higher education and student finance, politicians have said one thing and done another. Since the coalition Government put their reforms through, with cross-party agreement and with—to be fair to them —concessions to the Liberal Democrats in government, every single concession has been undone. Student grants have been scrapped. The emphasis on widening participation in a number of respects is now weaker. Now we find that many of the actual repayment conditions, which the right hon. Member for Sheffield, Hallam (Mr Clegg) would argue were some of the more progressive elements of the system, are also being undone. This is an issue about trust not just in the student finance system, but fundamentally in politics as a whole. Martin Lewis says:

“If you sign a contract, both sides should keep to it. If you advertise a loan, the lender should be held to the terms it was sold under.”

It is a total disgrace that, although the UK is well regarded around the world for its excellent laws and regulatory environment, there seems to be one exception, which is student loan contracts. That is why I hope that, this week before this change kicks in, the new Chancellor will take the opportunity to reverse the decision in his autumn statement. The Chancellor and the Prime Minister could go some way to rebuilding trust in politics. I also urge the Government to support new clauses 2, 3 and 6, which would ensure that no Government could be tempted to behave in this way again. It is scandalous and unjustifiable and it sets a very dangerous precedent. That is why I hope that we will see some progress on this today.

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“one of the few countries to have figured out a sustainable approach to higher education finance”.
Paul Blomfield Portrait Paul Blomfield
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The Minister is talking about the affordability and sustainability of systems. Does he acknowledge that when the proposals to change the student funding system were put to this House back in 2012, it was on the understanding from his predecessor, Lord Willetts, that the resource and budgeting charge—the uncollectable level of student debt—would be at around 28%? That prediction was rubbished by many experts in the sector and from the Opposition Benches, and gradually, over the lifetime of the Parliament, the percentage went up into the 30s and the 40s, to the point where it became unsustainable. The unsustainability of the system that the Government created was then dealt with by imposing that burden on students by varying the charges and the deal on student loans in the way that my hon. Friend the Member for Ilford North (Wes Streeting) described.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Short interventions, please.

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Lord Johnson of Marylebone Portrait Joseph Johnson
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That represents a decrease in the capital value of the loan book.

The cost of uprating by the consumer prices index, as new clause 10 proposes, would be less, but still significant. These costs would need to be paid for by taxpayers, many of whom will be earning less than the graduates who would benefit from the threshold increase.

New clause 10 relates to access to support for students recognised as needing protection. This is an important issue which was raised by the hon. Member for Sheffield Central (Paul Blomfield) in Committee, and is already addressed, as we have discussed, within the student support regulations. I am pleased to say that those who come to this country and obtain international protection are already able to access student support. Our regulations have for some time included provision for those granted refugee status or humanitarian protection, and their family members.

Those persons entering the UK under the Syrian vulnerable persons relocation scheme, and granted humanitarian protection, will be eligible, like UK nationals, to obtain student support and home-fee status after only three years’ residence in the UK. Persons on the programme are not precluded from applying for refugee status if they consider that they meet the criteria. Those with refugee status are uniquely allowed to access student support immediately, a privilege not afforded to UK nationals or those granted other forms of leave. There is a distinction in international law between such status and that of those in need of humanitarian protection.

Recently the Supreme Court upheld the Government’s policy of requiring most persons, including UK citizens, to be ordinarily lawfully resident in the UK for at least three years immediately prior to starting their course in order to be eligible for student support. The amendment would allow people who may subsequently be required to leave the country to access taxpayer funding for their study.

The last group of amendments includes some technical Government amendments relating to alternative student finance. Unless hon. Members show an interest in them, I will move on to my conclusion.

This Government are committed to a sustainable and fair student funding system. We are seeing more people going to university than ever before, and record numbers of students from disadvantaged backgrounds. Our funding system has enabled us to lift the cap on student numbers and, with it, the cap on aspiration that it represented. I hope the Opposition can see that if their amendments were not pressed, the student funding regime would remain sustainable, working in the best interests of students and taxpayers.

Paul Blomfield Portrait Paul Blomfield
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The Minister briefly addressed new clause 8, although in anticipating it, he understated and, to some degree, misrepresented the actual position. Let me therefore explain the new clause, for which I think there is support on both sides of the House—I think there was some discomfort on the Government Benches in Committee when it was voted down.

New clause 8 would allow all refugees resettled to the UK, as well as those young people who, having made an application for asylum, are granted a form of leave other than refugee status, to access student finance and home fees. It would be of particular benefit to Syrian refugees resettled to the UK under the Government’s own policy, so it is perhaps not surprising that there is support for it on both sides of the House. Only small numbers of people would be affected, but as those of us who have dealt with such cases know, it would have a huge impact for the individuals.

Let me explain the context. Currently, individuals with refugee status can access student finance and qualify for home-fee status from the moment they are awarded their protection. That is where the Minister was economical with the truth in his comments about the new clause, because those with a slightly different status—that of humanitarian protection—are treated differently: they have to be able to show that they have been ordinarily resident for at least three years at the start of the academic year to be able to receive financial support.

The group most affected by that different definition are those Syrian refugees currently being resettled to the UK under the vulnerable persons resettlement programme, as they are granted not refugee status but humanitarian protection. The result is that a young Syrian refugee who arrives in the UK today would not qualify for student finance until the start of the academic year in 2020. The only exception is if they are resettled to Scotland, where the Scottish Government—I commend them for this—have introduced a special fee status for resettled Syrians, allowing them immediate access to student finance.

Subsection 2(a) would ensure that all resettled refugees, no matter what status they are given, and no matter where they live in the UK, could access student support immediately. Subsection 2(b) would make student finance available for those who are granted humanitarian protection after making an application for asylum. As set out in the immigration rules, humanitarian protection is granted to people who face a real risk of suffering harm if they return to their home country. That includes the risk of facing the death penalty, torture or inhumane treatment, or their lives being at risk owing to armed conflict. Now, the future of those who are granted humanitarian protection after applying for asylum is clearly in the UK. If their future is here, they should be enabled to build their lives here. They should be allowed to access university education not simply to build their lives but to contribute fully to our society.

Subsection 2(b) would also provide access to student finance and home-fee status for people who have applied for asylum and then been granted another form of immigration leave. Again, in these cases, the Government have accepted that the immediate future of these individuals is in the UK, so they should be given every opportunity to contribute and develop, yet they face significant hurdles in doing so. The reason is that, in 2012, the last Government changed the rules so potential university students in this situation could no longer access student finance. They would also have been reclassified as international students, meaning they would face higher fees.

Unsurprisingly, the Supreme Court found that the Government’s rules were discriminatory. I realise the Government have not been doing very well in the courts recently, but this is a slightly earlier case—the Tigere case. As a result of the Supreme Court ruling against the Government, the Government changed the rules and introduced the new criterion of long residence. What that means is that young people who have gone through the asylum process—including children who arrived as unaccompanied asylum-seeking children—and who are unlikely to meet the long residence criterion, will have to watch their school peers go off to university, leaving them behind.

Wes Streeting Portrait Wes Streeting
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I have a constituent in just that position. They went through school, they did well, they were ready to go to university and they had a university place secured, but they were told that they had not yet met the residency requirements. They are going to be sitting around for another year or two, waiting until they do meet the residency requirement. That is a waste of their time, a waste of their potential and a waste of everybody else’s time. That is the perverse situation we are in, isn’t it?

Paul Blomfield Portrait Paul Blomfield
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My hon. Friend is absolutely right. Not only is this a waste for the individual, but we as a society are cutting off our nose to spite our face. It is a waste of potential for all of us, when we could benefit from that person’s higher education.

New clause 8 is not about creating special circumstances for refugees—the Minister falsely contrasted the position on refugees, humanitarian protection and UK students—and others who have arrived in the UK seeking asylum. Instead, it is about removing the existing barriers preventing young people who came to the UK seeking protection, and who are capable of attending university, from fulfilling their potential, so I urge him to think again.

John Pugh Portrait John Pugh
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I rise to add a brief footnote to new clause 10, which is in my name, and to say things that other people in the room possibly cannot say.

Liberal Democrats hesitate, for some reason, to talk about university fees. I have no particular embarrassment—I voted against top-up fees under Labour, and I voted against the increases under the coalition. In both cases, though, I made dire predictions about take-up, which certainly were not fulfilled, and take-up in both cases carried on. Unfortunately, I was right in my predictions about the political consequences of breaking our contract with the electorate. I believe we were tricked into that by a very clever Chancellor, and there was very little saving in the end to the Exchequer, contrary to what some of my colleagues supposed at the time.

It was a painful process, and the hon. Member for Ilford North (Wes Streeting), who introduced this section of the debate, pointed out that it involved a certain number of concessions to the Liberal Democrats. What we are looking at now is the elimination bit by bit, piece by piece of those concessions, starting with grants and moving on to access and so on. So the policy has clearly worsened, and what we have currently, with the raising of the threshold, is nothing short of a scandal. A contract has been broken; there has been a one-sided redefinition of the terms of the loan. In any other context, as Martin Lewis quite correctly said, that would lead to legal action. The only reason legal action is not possible in this case is the small print, which, as far as most undergraduates are concerned, was very, very small indeed.

New clause 10 is simply an attempt to avoid a repetition of that bad situation by defining a minimum level of earnings and a mechanism for adjusting it in a rational, open way. It would avoid partiality, exploitation, misunderstanding and—the hon. Gentleman mentioned this briefly—the lack of trust, which is absolutely crucial. That, surely, is the way to go.

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Lord Johnson of Marylebone Portrait Joseph Johnson
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It will be at least one person with experience of one or more of the devolved Administrations. To be absolutely explicit, the Government have tabled an amendment that places a duty on the Secretary of State to have regard to the desirability of having at least once such member. For the individual councils, we think it right that UKRI be free to appoint the very best people for these roles, and we expect it to appoint candidates with the highest levels of relevant skills and experience from a diverse range of backgrounds, both nationally and internationally.

On new clause 11, I absolutely agree with the hon. Member for Southport (John Pugh) that there must be proper monitoring of the international diversity of the research sector workforce. We already take this very seriously and collect and discuss such data, but let me reiterate the Government’s position on the importance of international researchers. As I have said, we remain fully open to scientists and researchers from across the EU, and we hugely value the contribution of EU and international staff. There has been no change to the rights and status of EU nationals in the UK or of UK citizens in the EU, as a result of the referendum. As the Prime Minister said in her letter copied to Venki Ramakrishnan, president of the Royal Society, only five days after she came into office:

“Our research base is enriched by the best minds from Europe and around the world – providing reassurance to these individuals and to UK researchers working in Europe will be a priority for the Government.”

Paul Blomfield Portrait Paul Blomfield
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The Minister has articulated exactly the sentiments shared by Opposition Members—for us, too, this issue is a priority—but does he not recognise that in reality the Government are failing in that objective? Around the country, we are receiving reports of EU academics saying, “Our future isn’t here, because we haven’t had the reassurances we need.”

Lord Johnson of Marylebone Portrait Joseph Johnson
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There is no higher authority in the Government than the Prime Minister, and we have heard from her that it is absolutely our intention to provide the reassurance that EU scientists and researchers working in this country want and need. The Brexit Secretary has given similar assurances and reminded EU nationals living and working in the UK that those who have been here for five years are already entitled to indefinite leave to remain—I understand from his figures that that relates to about 80% of the group concerned—and that those who have been here for six years are entitled to apply for dual nationality. We want brilliant researchers from other European countries to continue to enrich our universities and student experience, and we have every expectation that they will be able to do so, as long as UK nationals in other EU countries receive reciprocal rights in those countries.