Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Lord Storey

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Viscount Younger of Leckie]

My Lords, in moving these government amendments, I look forward to potentially hearing contributions from the noble Baroness, Lady Garden, and the noble Lords, Lord Storey and Lord Stevenson, about the amendments that they have proposed in this group. However, I believe the amendments we have tabled will have a similar effect to that which their amendments seek to achieve. The Bill is not as clear as it could be on exactly what types of providers can apply for what type of degree-awarding powers, and what awards this then entitles them to make. I believe this is why noble Lords tabled Amendments 242 and 243.

The simplest way of dealing with the issues at play here is for me to explain the purpose of the government amendments. We listened carefully to the discussions in the other place and, as the Minister for Universities and Science promised, we have reflected on and re-examined how Clause 40 may have been read as impacting on the further education sector. Although there are over 30 government amendments in this group, most of them are consequential and there are really just two main areas that we seek to address. First, we want to remove any doubt that institutions within the further education sector can continue to apply for powers to award foundation, taught and research degrees. We believe that the amendment to Clause 40(1)—whereby what was subsection (1)(b) has been removed—will achieve this. Under that amendment, the definition in Clause 40(3) of a “taught award” clarifies that this may include a foundation degree. Removing what was Clause 40(1)(b) should help to remove any impression that providers in the further education sector that obtained powers under this route could not go on to obtain powers also to award higher-level degrees. As before, a further education provider must also be a registered higher education provider before it can apply for authorisation to grant awards under Clause 40.

Secondly, these amendments should remove any doubt over which providers can award foundation degrees. While we wish to retain the current position where only higher education providers that are also further education providers may apply for powers to solely award foundation degrees, it should nevertheless continue to be the case that institutions that can award taught degrees should also be able to award foundation degrees. It remains the Government’s policy that a provider that wishes to be authorised to award foundation degrees only should be required to provide a satisfactory progression statement. We believe it is important that the provider in question can demonstrate that it has in place clear progression routes for learners wishing to proceed to a course of higher-level study on completion of the foundation degree. The amendment to Clause 43 is therefore to ensure that, were a variation of a provider’s powers to result in it being left with the powers to award only a foundation degree, that provider would need to be able to satisfy the Bill’s requirements in respect of a progression statement. I beg to move.

[Lord Storey (LD)]

My Lords, I thank the Minister for his comments. I am speaking to Amendment 243 in this group. We welcome the government amendments. I agree very much that there needs to be clarity. There is a need to ensure that certain procedures within the Bill are applied fairly and proportionately and accommodate smaller providers of higher education such as further education colleges. It is also the case that the recently published BEIS post-16 skills plan includes proposals for colleges to make their own technical education awards, and it is important that there is joined-up thinking in this area. Unlike universities, colleges that offer foundation degrees are currently unable to provide both a foundation degree and a certificate of higher education to provide a flexible level 4 qualification option for students. The amendment would remedy this.

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Lord Storey

Committee: 4th sitting (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, of course we need as much information as possible about universities so that parents and young people can make the right decisions about which university they choose. I am delighted that we are now focusing on the quality of teaching. The noble Baroness, Lady Royall, was right to say that it must be about high quality. That means high quality throughout the university sector, in teaching, provision, and simple things, such as the ability to make sure that essays and dissertations are properly marked, and to make sure that there is high quality with regard to the size of tutorial and lecture groups. A whole host of issues will ensure high quality.

We sometimes forget that choosing a university is a huge decision for a young person and their parents. They do not pick one at random but do the research, looking very carefully. Again, not only do they choose carefully but they visit those universities. I know from my own experience that students and their parents will have put two or three universities down and will have one in mind as where they want to go to, because of the course they want to do. However, noble Lords will be surprised at how often they get there and do not like it. They do not get a sense of there being the right ethos about the place or they do not like the staff they meet. One of my friends, who is doing creative writing, had two universities at the top of her list. She went to visit them and they gave her sample lectures. Guess what—she went to the third one, because she found that the response and the quality of the lectures were not good enough for her. Let us not kid ourselves: when parents and students come to choose the university they will go to, they are already in the driving seat.

I have grave reservations about the notion of getting this matrix together, putting in things such as employability, and then, suddenly, there is a mark. Currently it is proposed that it be gold, silver or bronze. As I said at Second Reading, I cannot see many universities boasting that they have a bronze award—they will not do that. But you can bet your bottom dollar that those rated as gold will display that for everybody to see. That will be damaging to the university sector as a whole and, as we have heard many noble Lords say, it will be damaging for students coming to our universities from overseas. We therefore have to tread very carefully. The Minister told us on Monday that he was very much in listening mode. Speaker after speaker, right across the House, has raised considerable concerns about this issue. If the Minister is in listening mode, I am sure that he will want to ensure that when we come to Report he will take our points on board.

I do not have any interests to declare regarding universities but I have interests in mainstream education. We have been down this road of labelling schools. In my wildest imagination I never thought that we would see a maintained school system in which schools advertise their success on the backs of buses and on banners hung outside their schools. Parents are caught in this trap, wondering, “Do I send my child to an outstanding school or a good school?”. Of course, if a school needs improvement, while it is improving it has the problem of parents saying, “I’m not sending them to that school”. We have been there before in higher education. We can remember the days of universities and polytechnics. Polytechnics—higher education providers—were regarded as the poor relation. People would say, “I’m not sure I want my son or daughter to go to a polytechnic”, although in many cases the provision was as good and, in some areas, better than at universities. Thank goodness we decided to ensure that higher education institutions as a whole were labelled universities.

I hope that the Minister gets the message and that we provide as much information as possible and look at the quality of teaching. A noble Lord said that of course in the mainstream sector, your teaching is observed, and if you are not up to the mark, you will not teach. If we want to improve the quality of teaching in universities, maybe there has to be some sort of requirement to teach students. Teaching is not just about knowledge but also about how you relate to young people. The most knowledgeable and gifted professor may be unable to relate to a young person, and therefore cannot teach the subject. I therefore welcome the notion of improving teaching.

I know that it will be a small part of the matrix, but I have reservations about the concept of a student survey, or students marking teaching. Students should give their views; that is good and right. But students will rate highly teachers, lecturers and professors who give it to them on a plate: “Here is what you need to know—take it away”. Lecturers who are challenging, who want to push the students and make them think for themselves, are quite often marked down. I therefore have reservations about how we develop this idea of student feedback. That is not to say that student voices should not be heard, but that they should be a very small part of the whole. I hope the Minister will take that on board as well.

[Viscount Younger of Leckie (Con)]

My Lords, I have today sent a letter setting out some further detail following Monday’s debates, and attached a briefing note on the teaching excellence framework which I hope noble Lords have found helpful.

I am grateful for the thoughtful comments made in this prolonged debate on the teaching excellence framework, which is in the manifesto commitment. These comments go to the heart of what we are trying to achieve in incentivising high-quality teaching. I am pleased that there is no disagreement on the importance of high-quality teaching, and the importance of incentivising this. Many Peers have acknowledged this, and Governments from all sides have wanted it for many years. This is an important element of these reforms and this has been a key debate, so I hope that noble Lords will forgive me and that the House will bear with me if I speak at a reasonable length on the points raised.

A number of Peers raised a point on whether the TEF should be tested more and, in effect, go more slowly. This was raised by the noble Baroness, Lady Royall, the noble Lord, Lord Watson, and other noble Lords. In effect, the question related to a pilot scheme. I reassure noble Lords that the TEF has been, and will continue to be, developed iteratively. We have consulted more than once, and year 2, which we are currently in, is a trial year. Working groups, including those in the sector, are under way on the subject-level TEF. That was raised by the noble Viscount, Lord Hanworth, and I will say a little more about that later. Therefore, the sector has recognised this trialling aspect, and Maddalaine Ansell, the chief executive of University Alliance, has said:

“We remain confident that we can work with government to shape the TEF so it works well as it develops”.


The noble Baroness, Lady O’Neill, commented on the detailed metrics. She also spoke about iterating and reviewing the metrics, and made some constructive comments. The TEF metrics will continue to evolve. I stress again that, where there is a good case to do so, we will add new metrics to future rounds. I have no doubt that I will also be saying a bit more about this later.

I want to respond quickly to the amendments on the TEF and immigration. This picks up a theme raised by the noble Baroness, Lady Garden, my noble friend Lord Jopling and the noble Baroness, Lady Royall. Following our useful debate last week, and as I set out in my subsequent letter, I confirm again that we have no plans to cap the number of genuine students who can come to the UK to study, nor to limit an institution’s ability to recruit genuine international students based on its TEF rating or any other basis. This applies to all institutions, not just to members of the Russell group.

The noble Lord, Lord Watson, raised the issue of international students, and I move on to the proposal to publish the number of international students. The TEF will be a world-leading assessment of the quality of teaching and student outcomes achieved by higher education providers. Students should have a better idea of what to expect from their studies here—better than anywhere else in the world. However, a dataset that simply links the TEF to international student numbers fails to recognise the much broader international student recruitment market place. I should add that all the relevant information requested by the noble Lord, Lord Stevenson, is in the public domain.

Moving on, I remind the Committee that the ability to raise fees according to inflation is not new. As the noble Lord, Lord Watson, said, it has been provided for since 2004. Indeed, as I think he said, the process was established under the then Labour Government and was routinely applied from 2007 to 2012. I reassure noble Lords that, as the Government set out in the White Paper, our expectation is that the value of fee limits accessible to those participating in the TEF will, at most, be in line with inflation.

As the Liberal Democrats will recall, the coalition Government used the legislation that had been put in place in 2004 by the Labour Government to increase tuition fees above inflation in 2012. We have no such plans to increase the value of fee limits above inflation. Increasing the upper or lower limits by more than inflation would, under the Bill as currently drafted, require regulations subject to the affirmative procedure, which requires the approval of Parliament. In the case of the higher amount, it would also require a special resolution. That is in line with the current legislative approach to raising fee caps.

I now turn to the link between the TEF and fees. Schedule 2 builds on well-established procedures in setting fee caps. Under the schedule, different fee limits will apply depending on whether a provider has an access and participation plan, and what TEF rating they have been awarded. Crucially therefore, this schedule will, for the very first time, link fees to the quality of teaching and thus increase value for students. This will recognise and reward excellence, and will drive up quality in the system. It will mean that only providers who demonstrate high-quality teaching will be able to access tuition fees up to an inflation-linked maximum fee.

The noble Lord, Lord Watson, said that since the increase in fees in 2012 there has been no increase in teaching quality. Therefore, this Government are, for the first time, putting in place real incentives, both reputational and financial, to drive up teaching quality. My noble friend Lord Willetts picked up on this theme. We believe that this is the right way forward. I have already mentioned the iterative aspect of this process.

The principle of linking funding to quality is familiar from the research excellence framework, which was introduced in the mid-1980s, and it has been an effective incentive. The REF has driven up the quality of our research, ensuring that we continue to be world leaders in global science. Tuition fees have been frozen since 2012 at £9,000 per year. This means that the fee has already fallen in value to £8,500 in real terms and, without the changes we propose, it will be worth only £8,000 by the end of this Parliament. Therefore, these changes are important if we want providers to continue to deliver high-quality teaching year after year.

As far back as 2009 the noble Lord, Lord Mandelson, said:

“We … need to look in my view for ways of incentivising excellence in academic teaching”.


He went on:

“We have to face up to the challenge of paying for excellence”.


I believe that the measures in Schedule 2 finally deliver that. The schedule allows a direct link between fees and the quality of teaching, with differentiated fees for different TEF ratings—a principle supported by the then BIS Select Committee and the wider sector—along with a clear framework of control for Parliament. This will ensure that well-performing providers are rewarded so that they can continue to invest in excellent teaching.

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Lord Storey

Committee: 3rd sitting (Hansard): House of Lords
Monday 16th January 2017 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, we have had another good but much shorter debate on this important Bill. Once again it goes to the principle of autonomy, which is the cornerstone of our higher education system. I would like to say at the outset that I am sorry to hear that the noble Baroness, Lady Wolf, is indisposed. I am sure that all noble Lords will wish her a speedy recovery.

Before I speak about this group of amendments, let me be very clear. I heard the strength of feeling expressed in Committee last week about the need to protect institutional autonomy. I would like to inform noble Lords that, along with the Minister in the other place, I am actively considering what further safeguards may be needed to protect institutional autonomy and academic freedom as the Secretary of State and the OfS carry out their duties under the Bill. No doubt we will return to this issue on Report, so I will keep the rest of my remarks relatively brief.

We certainly want an open dialogue between the Government and the OfS, and the systematic involvement of the OfS in the policy-making process, just as there has been with HEFCE over the past 25 years—something to which my noble friend Lord Willetts alluded. As currently drafted, the Bill does not constrain the OfS from giving open and honest advice and analysis to the Government on matters within its regulatory remit. Let me also reassure noble Lords that the Bill prohibits the Secretary of State from framing guidance, setting terms and conditions of grant or giving directions to the OfS in terms of course content and how courses are supervised or assessed. The powers we have discussed today relate directly to the spending of public money and the accountability of the OfS. The Government have a legitimate role in setting priorities in these areas. That is why we are taking the time to think carefully about how we are going to ensure an appropriate level of oversight while at the same time properly protecting the vital concepts of institutional autonomy and academic freedom.

The noble Lord, Lord Storey, raised the issue of guidance and stated that there was a reversal of the 1992 Act. No reference is made to guidance in that Act, and we are strengthening the protections on ministerial guidance by making reference to institutional autonomy and academic freedom. An express power to issue guidance means that the Government do not automatically need to have recourse to setting the terms and conditions of grant or directions, which are less light-touch, so this is surely a sensible intermediate step.

I will now address the issue of parliamentary oversight, about which we have heard some speeches this afternoon. We have thought carefully about the use of these powers. The general focus of the contributions of my noble friend Lord Norton and the noble and learned Lord, Lord Judge, was that the guidance must be subject to parliamentary scrutiny. But the duty in Clause 2 is to “have regard to” guidance. As my noble friend Lord Norton said, where the OfS has cogent reasons, it can act outside that guidance—so the provision does not impose any obligation other than that the OfS should consider it. Directions under Clause 72 are different: they must be followed. That is why there is parliamentary scrutiny when those are made.

It is absolutely right that the Secretary of State should be ultimately responsible for the guidance that he or she gives the OfS, especially when it relates to directing public money towards government policy priorities. We envisage that the Government will issue regular guidance to the OfS in much the same way as they do to HEFCE. Imposing parliamentary oversight and approval on the giving of the Secretary of State’s guidance to the OfS would create a far less flexible process and would risk inhibiting the ability of the Secretary of State rapidly to issue ad hoc guidance in response to changing events. However, I reassure my noble friend Lord Norton that our approach to guidance will be transparent in a similar way to the guidance given to HEFCE—for example, with a published annual grant letter.

I hope that I have given a flavour of the careful balance that we continue actively to work to achieve here. I have noted the points raised and will actively take them into account ahead of Report. In the meantime, I ask the noble Lord to withdraw the amendment.

[Lord Storey]

My Lords, I think that it was a former Prime Minister who used the phrase, when losing the vote on bombing in Syria, “I get it”. I think that the Minister now gets it. I was pleased to hear him say that autonomy goes to the heart of our higher education, that he heard last week the strength of feeling on this issue and that the Government will actively consider that. At this stage, I beg leave to withdraw the amendment.

--- Later in debate ---

[Viscount Younger of Leckie]

My Lords, I am grateful to the noble Baroness, Lady Garden of Frognal, and the noble Lord, Lord Storey, for raising the important issue of mental health support for students. I know that there has been some discussion in the Corridors not far away on this very subject. The noble Baroness and the noble Lord will know how seriously I take this subject.

We have heard today from noble Lords how deeply mental health issues can affect students, staff and families. I particularly listened to the very sobering anecdotal evidence from the noble Lord, Lord Storey, and I am sure that many of us could relate our own experiences that illustrate similar issues.

Mental health is a priority for this Government. Noble Lords will be aware that just last week the Prime Minister announced a package of measures to transform mental health support in our schools, workplaces and communities. The reforms will have a focus on improving mental health support at every stage of a person’s life. This will include a major thematic review of children and adolescent mental health services across the country, led by the Care Quality Commission, which will identify what is working and what is not. A new Green Paper on children and young people’s mental health will set out plans to transform services in schools, and importantly universities, and indeed for families.

As we have discussed at length, higher education institutions are autonomous bodies, independent from the government. Each institution is best placed to identify the needs of their particular student and staff body and to develop appropriate support services. There are many examples of universities providing excellent support for their students and, of course, their staff, which the noble Baroness, Lady Garden, raised, both for mental health and in the context of wider pastoral care. But as we know, there are also too many examples of universities that could certainly do more. The higher education sector itself is working to improve mental health support. Universities UK recently launched a programme called Wellbeing in Higher Education. It will focus on the need for a whole university or institution approach to mental health and well-being.

UUK is working closely with Public Health England, expert voices from student services and charities such as Student Minds. Let me be clear: the Government expect higher education providers to provide appropriate support services for all their students and staff, including those with mental health issues. This is a deeply important issue. The upcoming Green Paper provides the excellent opportunity to look at this issue in greater detail. We believe that we should not pre-empt the issues or any recommendations that may come out of this particular Green Paper.

The noble Lord, Lord Storey, raised the link between mental health and retention. We agree that retention is extremely important for universities and that is why we will take retention metrics into account as part of the TEF. The Director for Fair Access and Participation will be looking beyond just the point of access to the whole student life cycle, which is something that I have spoken about in previous debates in Committee.

Once again, I am grateful to noble Lords for their contributions, but ask that the amendment be withdrawn.

[Lord Storey]

My Lords, I thank the Minister for his thoughtful reply. I am delighted that mental health is a priority for the Government. The Minister said that the Government expect universities to make provision, so as well as “shall” or “must” or “maybe” we now have “expect” on the list. I just want an amendment that makes it happen. At this stage—we will no doubt come back to it—I will withdraw the amendment.

Private Colleges

Debate between Viscount Younger of Leckie and Lord Storey

Wednesday 21st December 2016 Lords Chamber

[Lord Storey]

To ask Her Majesty’s Government what plans they have for further regulation of private colleges.

[Viscount Younger of Leckie (Con)]

The Higher Education and Research Bill, which is currently undergoing scrutiny in this House, will introduce a single regulatory system administered by a new body, the Office for Students. This will replace the current fragmented, complex and outdated system and will regulate all higher education providers, including private providers, by the same standards and conditions proportionate to their risk. While the Bill progresses through Parliament, we remain committed to strengthening the current alternative provider system.

[Lord Storey]

I am delighted to hear the Minister’s reply. Does he not agree that while it is important that more students from disadvantaged backgrounds get the opportunity to pursue higher level courses, when some private colleges enrol them they have problems with basic English and numeracy and they need extra support? When colleges have a progression rate meaning that 50% fail and the pass rate is very low, that does not help and support these young people.

[Viscount Younger of Leckie]

I note what the noble Lord says but the recruitment practices and academic performance of alternative providers, including available progression rates, are all taken into account by the department and, as he will know, by the Quality Assurance Agency for Higher Education. We can and do take action when these fall below acceptable standards. Validation agreements are different for every provider but the degree-awarding body is ultimately responsible for the quality of the learning programme. Under our planned reforms we will give the Office for Students enabling powers to improve validation agreements, including regular monitoring.