Education — House of Commons, 2019-05-15
Topic: Education
Christopher James Skidmore (Conservative, Centre-right): I thank hon. Members for participating in this debate. I shall try to respond briefly to the points that have been raised I thank the hon. Member for Motherwell and Wishaw (Marion Fellows) for her remarks on the Scottish system. I will be heading to Scotland in early June and will endeavour to focus also on some of the issues of widening participation. I have regular meetings with the Scottish Minister for Further Education, Higher Education and Science, Richard Lochhead. On the points that the hon. Lady raised about research, I know that we are going a bit off piste in relation to the statutory instrument before us, but I reiterate my commitment to ensuring that we maintain our common research links with our European partners. When I was in Berlin, speaking at the "Going Global" conference hosted by the British Council, I met Minister Karliczek, Federal Minister of Educational Research, and had meetings with the Fraunhofer and Max Planck research organisations to make that commitment Regarding our association with such future programmes as Horizon Europe, yesterday the Government published our international research and innovation strategy, making clear our commitment to being outward-facing and ensuring that we continue to endeavour to have strong global research links On tier 4 visas—the hon. Lady will be aware that the Home Secretary is sitting beside me—we must remember that researchers from international countries are still able to come to the United Kingdom. We recently launched the first Future Leaders Fellowships programme, £900 million of investment in 550 international fellowships, which has seen people from Japan to Canada coming to the UK. We recognise there are issues relating to visas that need to be looked at as part of the consultation for the immigration White Paper, but issues around tier 4 visas have not prevented existing international researchers from being able to participate in UK research life Turning to the points made by the hon. Member for Blackpool South (Gordon Marsden), on the amendment to schedule 3 of the Charities Act 2011, which sets out that charities are exempt from registration with and direct regulation by the Charity Commission for England and Wales, HEFCE was the principal regulator for HE providers that were exempt charities under the existing schedule 3 of the 2011 Act, and the OfS was made principal regulator for higher education under the earlier consequential and transitional regulation which came into force on 1 April 2018. The amendments to schedule 3 require that currently exempt HE charities remain registered with the OfS to continue to hold exempt status and provide the opportunity for any provider registered with the OfS to be exempt by applying to the Privy Council. That will mean that exempt charities registered with HE providers will not have to register with or make returns with the Charity Commission, but will instead report to the OfS as principal regulator The amendments have been made with the intention to reduce the administrative and regulatory burden on charities and ensure that the OfS has a sufficient regulatory relationship with the relevant exempt charities to be an effective principal regulator. The amendment to the Charities Act made the removal of exempt status automatic upon deregistration, so no action is actually required by the OfS. The OfS can deregister a provider only if certain conditions are met. That covers both conditions on registration, and consideration of the denial of an access and participation plan.[Official Report, 4 June 2019, Vol. 661, c. 1MC.] On the impact assessment, the regulations contain two sets of saving provisions. The first deal with the applications made for university title that were made before 1 April 2019. The second type of saving provisions relate to the repeal of a particular statutory provision under which so-called designation orders were made. Those orders designated certain providers as higher education institutions. There are a number of references and regulations governing teachers’ pension schemes and local government schemes to designated institutions. If we do not preserve the orders for those very narrow purposes, future staff’s eligibility for the schemes will be lost, so there are benefits in ensuring that staff have access to those pension schemes The entire purpose of the consequential saving provisions is to preserve the intention and scope of the underlying legislation in the context of the changes brought about by HERA. We therefore do not anticipate any additional regulatory burden as a result of the regulations. As I said in my opening speech, the main purpose of the consequential amendments is to minimise the risk of chaos and disruption to students, staff and providers. The hon. Gentleman mentioned the SLSC asking for clarity on a few of the provisions in the regulations. I understand that it often does so as part of the scrutiny process and we will respond in due course The hon. Gentleman focused on the risks around data sharing in relation to regulation 14 and schedule 8 to the Digital Economy Act 2017. Schedule 8 allows bodies named in it to disclose information to each other for the purposes of taking action in connection with fraud perpetrated against a public authority. The amendments replace Innovate UK and existing research councils with references to UKRI, HEFCE and the OfS, because HEFCE has been abolished, and Innovate UK and the research councils have been incorporated into UKRI. If we do not make the amendment, the OfS will not be able to make or receive fraud-related disclosures envisaged under the Act. There would also be ambiguity as to whether disclosures could be made or received by relevant constituent parts of UKRI Separately, regulations 28 and 32 amend the Education (Information About Children in Alternative Provision) (England) Regulations 2007 and the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009. The provision requires institutions that are not schools in receipt of funding from the Department for Education to provide certain pupil information to the Secretary of State and other bodies, including HEFCE. The amendment will substitute OfS for HEFCE, as HEFCE no longer exists. That is the same for regulation 32.[Official Report, 4 June 2019, Vol. 661, c. 2MC.] It is important to state on record that we need data sharing to track pupils to ensure, when it comes to improving the position of disadvantaged students and students in widening participation categories, the data is available.