Higher Education and Research Bill — House of Lords, 2017-01-11
Topic: Education
Robert Stevenson (Labour, Centre-left): My Lords, it may be for the convenience of the Committee if I explain that the scurrying around here is intended to provide a reassurance that this extremely long-looking group will not be taken in one bite, as it were; there will be an opportunity for other bites—ho, ho!—because we will stop at about 7.30pm when those assembled here to conduct the dinner break business commence. That makes my speech rather complicated and I hope that noble Lords will bear with me. Since we have been going since just after 3.30pm, I think it is reasonable to expect that we might stop at the appropriate time. It is not my job to announce that but I am having fun doing it, so that is what we are going to do This group of amendments counterposes those considered in the last debate. It would be better to consider it as a single group with the amendments in group 7 as they both relate to the broad understanding that we should have about the form and function of the Office for Students. Clause 2, which sets out general duties for the Office for Students, runs to six subsections. The interesting thing about them is that they swing around a bit, in the sense that three or four of them are broadly in line with what we have been saying we want the Office for Students to do: to promote, "quality, and greater choice and opportunities for students … to promote equality of opportunity in connection with access … and participation"— we have had a fair amount of discussion on that, and— "so far as relevant, the principles of best regulatory practice", and "regulatory activities", which I am sure we will come back to at some stage. However, interposed in those provisions in three paragraphs are rather hard-edged issues to do with competition, promoting value for money and, "the need to use the OfS’s resources in an efficient, effective and economic way" It is almost as if two different hands in separate rooms drafted a set of duties for the OfS and then got together and cut and pasted them together. These two groups of amendments address that issue There is nothing here about serving the public interest or taking account of promoting confidence in the higher education sector. There is nothing about being forward looking, as my noble friend Lord Giddens said in relation to another amendment. Will this body have a remit to scan the economic future and think about the way the sector should develop to meet changing technologies, needs and economic requirements? These matters are not mentioned. Does that mean they will not be addressed? There is always a worry that if you have a specific set of duties—obviously, they cannot cover pages and pages but they should certainly be extensive enough to ensure that we know what we are about—and they do not mention a particular issue, it may not be addressed. As the old adage goes, what is mentioned or specified gets measured The other half of that problem is the question of ranking. In this list of what is to be done, is there a sense in which quality is important? If it were, that would be the most important thing, but is that at the high end of the hierarchy? In other words, does the OfS look first at quality, choice and opportunity, secondly, at competition between English higher education providers, thirdly, at, "the need to promote value for money", and, fourthly, at, "the need to promote equality of opportunity" From what we have been hearing in the debate so far, equality of opportunity, social mobility, access and participation are ranked quite highly in your Lordships’ thinking but that is not obvious from the way the Bill is set out. In speaking to the previous amendment, the noble Lord, Lord Sutherland, said that in some cases it is reassuring and important to have a Bill’s aspirations and focus set out in it. If he is right, we are missing something in that regard in this Bill Amendment 29 seeks to reflect my point that a ranking or hierarchy would probably be inappropriate in this case. We surely want to ensure that all aspects of what is written down in statute for the OfS are given equal prominence. I hope the Minister can confirm that that is in his mind as well, by means of a reassuring statement or other method. If it is not, he should say what the priority is and why the relevant provisions are set out in the order they are Amendment 42 relates to the point made earlier about the unease and scepticism the Committee feels, in that, without a specific duty to maintain the confidence of the UK higher education sector, it may be difficult for the OfS to win the hearts and minds argument and get the support it will need from the sector if it is to be successful. Would that not be a sensible provision to include somewhere in the general duties Amendment 43 gives us the opportunity to put some flesh on our earlier discussion about extending higher education in the mindset of those who use it across the whole range of activities within the sector, and include the provision of vocational and professional education within OfS functions. This would pick up alternative providers and the new challenger institutions. It also addresses the point made by my noble friend Lady Cohen about the work done by providers that were established by the last Labour Government to undertake more vocational and professional education, but which are now universities. If that is not listed and made clear in the general duties, does that mean it is of lesser substance? I know that my noble friend feels passionately that there should not be a two-tier system. I agree. If providers are to abide by the Bill’s provisions and offer good value for money, be effective and high quality, meet all the tests and provide what students want, we should not separate them into different classes. It is important to ensure that the Bill’s wording is correct in that regard Our Amendment 44 is of a slightly different character. It relates to an issue to which we will probably return: that the Office for Students has no student representatives. Thanks to government amendments that are due to be tabled, the concept will be introduced that someone should be on the board who is capable of representing students. However, as we have said, students permeate all aspects of higher education. Those of us who are young enough to remember the 1960s, and even those of us who do not remember them, know that the battles of the day were fought to get representation on academic boards and the whole edifice of higher education as it then was. We marched, stood, stamped and occupied. It was terrible; it was great. It was also very confusing. If you were young, as I was, and you were a bit confused about it all, it was just a terrific partying time. Anyway, we got there. To our considerable shock and, in some cases, dismay, we had to sit for hours in committees listening to boring stuff. I suppose I should not take up time with such anecdotes—but why not Having marched for the right to have student representation on the Bodleian committee at Oxford, and won it, I then attended a committee and found that I was the only student there because the rest had either not got up, forgotten about the committee meeting or had gone to the wrong place. I had to defend the argument before people who terrified me in every respect. They were crabby, difficult and wonderfully, scientifically aggressive, in a way that only very senior academics can be. The question we were asking was why the university could not arrange it so that the library was open when the students were up. The academics replied, "Don’t be ridiculous. Banks don’t open in the evening; why should libraries be open in the evening?". And that was the end of the meeting, so it was not a very successful experience. However, we got better at it as we went on. Why did I go into that? Because I think it is good to have students on the bodies with which they will be involved. It would be sensible and possible, despite what the Minister said the other day, to find a way for students to be represented on the board of the OfS, either through the NUS or appointed by the NUS. That is what our amendment seeks to do I will make two minor points before I run out of time. We have talked seriously and at length earlier today and at other times about the need to disseminate a diverse provision of higher education. We are in favour of having lots of different types of institutions, from conservatoires right through to the highest-level institutions. Amendment 51 would establish that specific arrangement in the general duties. Amendment 52 plays back to an earlier discussion about credit transfer and will give the Minister the opportunity to come back on that point.