(13 years, 5 months ago)
Commons ChamberThat institution would be in breach of a statutory duty, so all the remedies that flow from such a breach would be available to anybody who wished to challenge it. Putting a mirror to what the hon. Gentleman says, I believe that the same problem is writ large in the guidance to OFFA. It looks as though it will tell universities that are considering charging more than £6,000 a year in fees from 2012, “Unless you come forward with an access agreement that we support, you will not be able to charge those higher fees.” What will happen if a university applies to charge fees above £6,000—we have read in the newspapers in recent days about some that intend to do so—and OFFA tells them that they cannot? What will the sanction be? Ultimately, the less interference there is in the process, the better.
It is a pity that it is necessary to encapsulate in a Bill such as this something that my right hon. Friend the Minister for Universities and Science has said is already as plain as a pikestaff in legislation—the idea that the Government cannot and should not interfere in universities’ access arrangements. My problem, and the problem of a lot of people involved, is that although the Government say that, the whole rationale of OFFA’s director seems to be to interfere rather than leave judgments to the universities themselves.
One must consider the concept of interference alongside the concept of fair access to universities for people from less privileged backgrounds, because there is a difference between the two. The Government have a responsibility to ensure that such people can go to the highest-performing universities, and if we can assist in that through legislation, it is right and proper to do so.
The essence of what my hon. Friend says is in the phrase “if we can assist in that”. I do not believe that the Government can assist in that. The premise of what he says is that the universities themselves do not want to facilitate wider access or ensure that the best people can gain access on merit. All the evidence that I have seen suggests that they want to achieve that aim, but they resent the fact that the Government are using OFFA to try to impose additional criteria on them. That is certainly the view of the Russell group and other universities.
I shall certainly address that, and I look forward to responding at the end of the debate to the Minister’s comments.
Perhaps one way to address the issue is to look at what the Russell group says. It states:
“We share the Government’s commitment that every student with the qualifications, potential and determination whatever their background has the opportunity to gain a place at a leading university”,
but emphasises that
“the most important reason why too few poorer students even apply to leading universities is that they are not achieving the required grades at school.”
If the main reason why students do not apply is that they do not achieve the required grades, why do the Government, who are responsible for almost all primary and secondary education in the country, not concentrate on that problem, rather than interfering in an area of education in which they have not hitherto interfered? That is a typical approach of the Government: rather than focus on their failure to undertake their responsibilities, they try to introduce more regulation for things that run perfectly adequately. That is the difficulty.
I was here for the universities debate when the Government made it quite clear that through the pupil premium and other support, they will help to ensure that students from less privileged backgrounds get access to universities and improve their grades. I agree with my hon. Friend that we must ensure that those from less privileged backgrounds are given the opportunity and support they need to ensure that they get those results. I was the first in my family to go to university and I went on to become a lawyer and an MP. People like me need such help, but the Government have already committed in the universities package, which includes the pupil premium and other support, to support those from less privileged backgrounds.
It is one thing to make a commitment and another to deliver on it. I hope the Government can deliver on that one, but my response to my hon. Friend is that if they concentrate on delivering on it through the pupil premium and other measures, they will not need to interfere in the right of the universities at the other end of the system to choose people on merit.
My point remains: there is something desperately wrong with how many our schools operate. They do not allow the full potential of their pupils to be realised in the form of exam results, which is one barrier to access.
The Russell group states:
“The main problem is that students who come from low-income backgrounds and/or who have attended comprehensive schools are much less likely to achieve the highest grades than those who are from more advantaged backgrounds and who have been to independent or grammar schools”,
and points out that
“this gap in achievement according to socio-economic background is getting wider. Too many students don’t choose the subjects at A-level which will give them the best chance of winning a place on the competitive courses at leading universities.”
That is why everyone in the House, including the Minister and the shadow Minister, will be pleased with the Russell group’s informed choices initiative. It tries to ensure that students choose the right subjects at A-level for the courses they are thinking of taking at university.
My daughter is studying veterinary medicine at university. Had she not discussed her preferences with her teachers before choosing her GCSEs, she might not have made the right subject choices. She made those choices on the basis of information provided to her, but quite often people who aspire to take veterinary or medical courses at university do not take the hard subjects in their preceding exams to enable them to do so.
There might be an issue there, but Sir Martin Harris has a vested interest; he is the director of the Office for Fair Access and obviously has to keep himself in a job. He is saying that there has been an increase in admissions to universities from people from poorer backgrounds, but that that has not yet percolated through to the top universities. He is therefore seeking a mandate to have more powers to interfere in those top universities. I am trying to put the point of view of the Russell group, which is a representative sample of those top universities. It points out that it has made enormous progress without that sort of interference. Indeed, it thinks that the Government’s ideas—and, by implication, Sir Martin Harris’s ideas—on this will be dangerous and counter-productive by being too prescriptive.
The Russell group has commented on the question of how we are going to measure success in improving access. It is the same with all these principles: if we cannot measure it, we cannot control it. It says:
“Any measurement of universities’ progress in improving access must be undertaken with great care. The investment of Russell Group institutions into outreach activities benefits the sector as a whole, with many students being inspired to study at other institutions as a result of our widely targeted work with potential candidates of many ages and backgrounds. We believe our universities have a role in helping all students to fulfil their potential, not simply widening access to our own institutions.”
That demonstrates how difficult it is to judge an individual university’s outreach programme solely on the basis of how many students it has brought into its own university as a result of that outreach programme, because that programme might have enabled students from poorer backgrounds to apply to, be accepted by and go to other universities. Obviously, the next question that arises is, how will we possibly measure that? It would be very complicated. That takes me back to the point that we do not need to have all this regulation. Why can we not trust these universities to carry on doing as they have been doing up until now.
My hon. Friend referred to the Russell group’s saying that £70 million will go towards ensuring that people from less privileged backgrounds can go to university, but if I remember correctly—from the universities debate—the Government were looking at providing £150 million for widening access. Surely it has to be a good thing that more money is made available to allow more people from less privileged backgrounds to have hope and aspiration.
Absolutely, but the £150 million is going towards scholarship funds. At the moment, the Russell group, which represents only about 20 universities, is already investing more than £75 million a year. Pro rata, it is already investing more than the Government are promising to invest in the future, yet the Government are saying that if a university wants to raise its fees to anything beyond £6,000, the Government will, through the Office for Fair Access, interfere in its ability to do so and exercise their own judgment on the level of the fees because they are concerned about improving access. I am saying that these universities should be trusted. Many of them are international centres of excellence and should be trusted to make their own judgments. There is no reason to criticise anything that the Russell group universities have achieved, or indeed what some other universities have achieved.
I suspect that at the heart of all this is a feeling on the part of some elements of the coalition Government—I will not spell out, following the Barnsley by-election, which elements I have in mind. [Interruption.] As the hon. Member for Wrexham (Ian Lucas) says, it is the part of the coalition not represented in the House today.
My hon. Friend makes a good point. My view is that we should allow universities to do that if they want to, and clause 3 would enable them to do so, and would give them that freedom. The debate centres on the overt desire by the coalition Government for more bright students from disadvantaged backgrounds to go to the top universities. It is likely, however, that the consequences of the access arrangements that they are seeking to impose will be counter-productive and certainly discriminatory.
Someone said to me the other day that merit is almost the last taboo in terms of discrimination; that we have outlawed discrimination on the grounds of race, sex, gender and all the rest, but we still allow discrimination on the ground of merit, and the Government are really keen to do away with discrimination on the ground of merit. The Bill is designed to ensure that that does not happen, and that the Government’s arrangements for access to further and higher education will not be allowed to be at the expense of merit.
My hon. Friend talks about various forms of discrimination, but the recent education legislation tackled another form of discrimination. For a long time there was discrimination against part-time students, who were unable to get funding on the same scale as full-time students, and who often tended to be mature students. On that basis, it was absolutely right and proper for the Government to put that package through, so that mature students could have their aspirations fulfilled. The Office for Fair Access guidelines mention
“the scale and nature of outreach activity to be undertaken to attract mature students—including work with local communities”.
That must be absolutely right and proper, and this Government have already committed to it.
If my hon. Friend is saying that he does not agree with the Government’s regulation and the OFFA guidelines, some of which I have just read out, and if his Bill goes against giving OFFA a number of different guidelines and the option to make sure that more mature students can go to university, then of course it is at odds with his Bill.
If those students are going to go to university on the basis of something other than merit, or on some basis other than the exemptions that are set out in clause 3, but my understanding is that the Government want to open up opportunities for part-time students but not on the basis of anything other than merit. If I am wrong about that, I am sure that my hon. Friend the Minister will correct me.
I have been speaking for longer than I intended, so I shall briefly outline how I think the problem can be dealt with more effectively. Hon. Members will be aware of the Social Mobility Foundation. Sir Terry Leahy, the outgoing chief executive of Tesco, has now joined the board as a trustee. My right hon. Friend the Prime Minister has said:
“The Social Mobility Foundation provides an exemplary service to help academically-talented disadvantaged students achieve their potential. I and many other Cabinet Ministers have been delighted to host SMF students”
and he encourages others so to do. It seems to me that that is the way forward. If we want to encourage the brightest and the best to be able to get access to our universities, we can give support to worthy organisations such as the Social Mobility Foundation.
What is interesting is that even the Social Mobility Foundation has to set eligibility criteria for those who apply to it for assistance. To join the aspiring professionals programme, students have to be in year 12, in receipt of education maintenance allowance or free school meals, and, significantly, in possession of at least five A grades in five different subjects at GCSE and predicted to obtain at least an A grade and two B grades at A-level. Even the Social Mobility Foundation is accepting that academic performance has to play a part in deciding whether people are appropriate to be taken on for help from that foundation.