Higher Education and Research Bill — House of Lords, 2017-01-11
Topic: Civil Rights
Robert Stevenson (Labour, Centre-left): My Lords, this is day 2 of our Committee proceedings. It might be interesting to reflect for a second on how we are proceeding. It seems that the Minister’s game plan is to resist with a very straight bat—a Boycottian bat—the balls, googlies and other things that we throw at him. I am not very good at sporting metaphors, so I have probably lost the plot already, but I think that we get the sense of it: we are not getting anywhere with the amendments that we are putting forward. I put it to the Minister that there is a case for his giving us a little more to work on, otherwise I suspect that the frustration that I already sense around the Chamber about the inability even to engage with him in intellectual debate on some of these issues will cause him problems later on. I have worked with him before, and he knows that there is a way of working which allows a little more freedom than the Government are currently giving. I appeal to him to think hard about what happened on Monday and to reflect a little more on what may happen today before we get too far into the Bill, because otherwise I sense trouble There is of course another strategy in play, but I cannot think of a game that I would be able to use as a metaphor for it. This time, the Minister has got his retaliation in first. On the basis of a not very long but certainly important section of our debate at Second Reading, he has conceded on the powers of the Director of Fair Access. The Government have come forward with amendments, which are in this group, in relation to that. It is interesting that, although we have not had a chance to go into the detail of it, we have seen a shift of position on the part of the Minister. The Director of Fair Access is now to be given a designated space in the structure and certain powers and responsibilities are placed to him or her. I do not want to steal the noble Lord’s thunder—we all want to listen to him, do we not?—but in constructing our amendments around this we have taken into account the position now being adopted by the Government Although I have put my name to the amendments of a number of other noble Peers, including that of the noble Baroness, Lady Brinton—whom I look forward to hearing, since she has great expertise and knowledge in this area—I draw the Committee’s attention to Amendments 218, 219, 220, 221, 222, 223, 225 and 234, which effectively provide an alternative model for how the Director of Fair Access could operate. In this set of amendments, which I will not go into in detail because it probably needs to be contrasted with the general approach taken by the Government, there is a specific duty placed on the Office for Students to create a post designated as the director, which is lacking in the Bill at the moment. There is a responsibility on the OfS to make sure that that person is well resourced and supported and has access to the material he needs It is given to the director to have direct responsibility for dealing with institutions; it is not filtered through another body or organisation or bureaucracy; it will make sure that the Secretary of State’s regulation powers apply directly to the director and do not get dissipated by general directions to the office. It would also allow for the director to appeal a decision, because there is no one at the moment if it is necessary to do so on an issue about widening access. I will not go into these in detail—they are there for anyone to see—but they offer an alternative approach, one which preserves the status quo ante of the existing arrangements, it could be argued. That approach will become increasingly prevalent as we go through the Bill, I think Some provisions in the existing procedures for the organisation and structure of higher education in this country will be lost in the move to a single body which is at the same time a regulator, a validator, an assessor of quality and a provider of access—a mixture and medley of activities which would not be found in any other sector and which I put it to the Minister should not be acceptable in this process. In approaching how higher education operates, it seems important that the elements that make up the supervision and control of one of our most important and very highly regarded assets are dealt with in a way that does not cause confusion and difficulty and is not, at the same time, capable of causing damage I look forward to the debate that these amendments should provoke, I hope that the Minister has listened a bit to what I was saying. I am not expecting him to concede, because these are not amendments that could be taken as they are. I accept that the drafting requires to be looked at, but we would be happy to discuss further with him or his officials the arrangements currently proposed, to contrast them with those proposed by others. I beg to move.