Higher Education and Research Bill

Viscount Younger of Leckie Excerpts

Monday 6th March 2017 Lords Chamber

Moved by

[Viscount Younger of Leckie]

21: Schedule 2, page 80, line 26, leave out “applicable”

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[Viscount Younger of Leckie]

26: Schedule 2, page 80, line 36, leave out “this paragraph” and insert “sub-paragraph (2)(a)”

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[Viscount Younger of Leckie]

32: Schedule 2, page 81, line 9, leave out “as the floor amount” and insert “—
(a) as the floor amount in respect of the higher amount, or(b) where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 115 (5)(a), as the floor amount in respect of each higher amount.( ) Where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 115 (5)(a)—(a) the reference in sub-paragraph (8)(a) to the higher amount is to the higher amount in respect of which the sub-level amount is determined, and(b) the reference in sub-paragraph (8)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (9) in respect of that higher amount.”

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[Viscount Younger of Leckie]

35: Schedule 2, page 81, line 21, leave out “applicable”

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Moved by

[Viscount Younger of Leckie]

42: Schedule 2, page 81, line 38, leave out “as the floor amount” and insert “—
(a) as the floor amount in respect of the basic amount, or(b) where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 115 (5)(a), as the floor amount in respect of each basic amount.( ) Where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 115 (5)(a)—(a) the reference in sub-paragraph (7)(a) to the basic amount is to the basic amount in respect of which the sub-level amount is determined, and(b) the reference in sub-paragraph (7)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (8) in respect of that basic amount.”

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Moved by

[Viscount Younger of Leckie]

46: Schedule 2, page 82, line 36, at end insert—
“(6) Sub-paragraphs (2) to (4) do not apply to regulations where—(a) the higher amount, basic amount or floor amount in question is in the case of an accelerated course, and(b) paragraph 5 applies to the regulations.(7) “Accelerated course” in sub-paragraph (6)(a) has the same meaning as in paragraph 5.5 (1) No regulations may be made under paragraph 2 prescribing—(a) the higher amount in the case of an accelerated course at a level which is higher than what would be the higher amount in the case of that course if it were not an accelerated course, or(b) the floor amount in the case of an accelerated course at a level which is higher than what would be the floor amount in the case of that course if it were not an accelerated course,unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.(2) No regulations may be made under paragraph 3 prescribing—(a) the basic amount in the case of an accelerated course at a level which is higher than what would be the basic amount in the case of that course if it were not an accelerated course, or(b) the floor amount in the case of an accelerated course at a level which is higher than what would be the floor amount in the case of that course if it were not an accelerated course,unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.(3) An “accelerated course” means a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award.”

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[Viscount Younger of Leckie (Con)]

I thank noble Lords for their engagement with the issue of standards in the Bill. As the noble Lord, Lord Stevenson, said, this is an important matter, and in Committee I undertook to consider what more we could do to address the concerns raised. I am pleased that this is another area where we seem to have been able to find common ground.

Throughout the passage of the Bill we have been clear that the standards that the OfS will use are those that are owned by the sector and contained within the framework for higher education qualifications. We are now amending the Bill to put this beyond doubt.

These amendments remove the previous definition of standards, which I recognise was the cause of some concern. Instead, we are making it clear that the standards against which providers are assessed, and to which registration conditions can refer, are the standards that are determined by, and command the confidence of, the higher education sector, where such standards exist. I reassure noble Lords that where sector-recognised standards exist but do not cover a particular matter, the OfS cannot apply its own standard in respect of it. This approach is in the spirit of co-regulation and allows the sector to develop its standards as it sees fit, to meet the challenges of the day.

We are also legislating to clarify that, where a quality body is designated, it will have sole responsibility for the assessment of standards. This keeps standards assessment at arm’s length from government in a truly co-regulatory way. I assure noble Lords that the quality body—or the OfS where there is no quality body—must have regard to the advice given to it in this area by the independent quality assessment committee that we are setting up under Clause 25 of the Bill.

When my colleague, Jo Johnson, announced these amendments on 24 February, they were widely welcomed by the sector. Universities UK said that they are a,

“very positive step and show the government has listened to the concerns of the higher education sector around academic standards and the independence of universities”.

I am delighted that the noble Lord, Lord Stevenson, and the noble Baroness, Lady Brown, have also indicated their support for our approach by putting their names to the amendments we have tabled. Given this support, and that the noble Baroness, Lady Brown, has withdrawn other related amendments to Clause 14, Amendment 49 will not have the effect of limiting the registration conditions of the OfS. I therefore ask that Amendment 49 be withdrawn.

[Baroness Brown of Cambridge]

I thank the noble Lord, Lord Stevenson, for his comments and the Minister for his. This and a number of others, including the work with the Government on autonomy, are hugely important examples of the effective work of the House of Lords at a time when we have come in for some bashing in the press in other areas. This is something to celebrate and I reinforce my positive comments about the hard work of the Bill team and the Minister, which is very much appreciated. In that light, I beg leave to withdraw the amendment.

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Moved by

[Viscount Younger of Leckie]

50: Clause 14, page 9, line 4, leave out subsection (2)