Higher Education and Research Bill — House of Lords, 2017-01-16
Topic: Education
Annabel Goldie (Conservative, Centre-right): My Lords, I turn to the amendments tabled by my noble friend Lord Younger regarding the designated data body. The Bill preserves the existing co-regulatory approach where the regulator has overarching responsibility for information services and the information is gathered and published by an independent body which has the confidence of the sector. We know from the thoughtful and considered amendments proposed that many noble Lords share our concern that the designated data body is provided with the clear statutory footing needed to ensure that the information needs of students, prospective students, employers, providers and government are adequately supported. We look forward to returning to these issues later in the debate. Today I am simply putting forward some technical clarifications intended to enable the designated data body to continue to perform vital functions currently undertaken by the Higher Education Statistics Agency Amendments 83, 86 and 87 clarify that the legislation enables the OfS to nominate the designated data body to perform the data collection, specifically required by the OfS, in order for it to perform its functions. Amendments 367, 369, 370, 372, 373 and 381 provide further specific powers of delegation, enabling the OfS to require the designated body to make appropriate arrangements for the publication of the data and to consult on data publication. As noble Lords will recognise, the effect of these amendments is to support the already stated intention that the OfS can delegate these duties to enable it to work in a coregulatory partnership with a sector body I turn to the new clause proposed by Amendment 365. We have worked in consultation with the Higher Education Statistics Agency—HESA—to ensure that essential elements of the data body role will be fully enabled through the Bill. In particular, Amendment 365 seeks to broaden the role of a data body to include the essential function not just of publishing information but, where required, gathering and holding information not intended for publication where such data are required by the OfS, UKRI or the Secretary of State and making that information available to them. This amendment gives the designated data body more scope and flexibility to gather and compile information required by government, the OfS and UKRI. I also provide assurance in response to concerns raised about the extent to which the designated data body could use data collected for statutory purposes to carry out a wider information-sharing role with the sector and other interested parties, continuing the type of services currently offered by HESA. This is not a matter for legislation, since it does not relate directly to the OfS’s statutory functions. However, I assure noble Lords that there is nothing in the legislation that would prevent the designated data body from using data collected in its capacity as a designated body or from engaging in any other activities beyond its designated functions. This wider co-operation with the sector and other interested partners is part of what contributes towards the benefits of coregulation. I beg to move.