Higher Education and Research Bill

Debate between Baroness Garden of Frognal and Baroness O'Neill of Bengarve

Report: 1st sitting: House of Lords
Monday 6th March 2017 Lords Chamber

[Baroness Garden of Frognal]

In moving Amendment 2, in my name, I shall speak briefly to Amendment 48 in the name of my noble friend Lord Storey. At the start of Report stage, I thank the Government for tabling an extensive raft of amendments. It raises questions: why, during remorseless Committee sittings, did the Government not give some indication of their intentions and avoid fruitless hours of debate? Given all these amendments, why was the Bill so ill thought through in the first place? Where was the pre-legislative scrutiny, the consultation, or even the careful drafting, which would have enabled a more productive use of time and expertise in this Chamber?

However, let me not be churlish: better a sinner that repenteth. Amendment 2 picks up issues raised throughout consideration of this Bill. All sides of the House have argued that it is important not to neglect the considerable part played in higher education by those who are not following full-time, three-year courses. Part-time study, we know, has been in decline since 2008 by a combination of factors: for instance, restrictions placed on equivalent or lower level qualifications—ELQs; and the introduction of higher tuition fees in 2012 for part-time undergraduate courses. Part-time adult and distance learning provides diverse opportunities for many people unable or unwilling to access full-time undergraduate programmes, enabling them to progress their learning and to take opportunities for development that would not otherwise be available to them. Given that this valuable provision is so easily overlooked, it is important that there should be a voice and specific representation on the OfS board. This is a very simple amendment which I hope the Minister will be able to accept.

In the same spirit, I have added my name to government Amendment 8 which also reinforces recognition of part-time study, distance learning or accelerated courses. I am grateful to the Government for that. I have added my name to Amendment 48 in this group, tabled by my noble friend Lord Storey. We join those who want to see an end to the stigma surrounding mental health, where our colleague Norman Lamb has been a great champion. This amendment is important not only for those who might develop mental health problems during their time at university but for those who have experienced mental health problems in the past.

It is not just students; university staff, too, can experience stress and mental health problems. As responsible employers, universities should have support services in place for staff and their duty of care to students should also include mental health support. This amendment would make it clear that such provision should be available. Many universities already offer this and make it clear to students and staff that provision is available, but this amendment would ensure that all universities make students and staff aware of the provision. I beg to move.

[Baroness O'Neill of Bengarve (CB)]

I speak to Amendment 7 in this group, which seeks to put an additional general duty on what we are still calling the Office for Students. This general duty is to ensure that all English higher education providers—a term of art that we have now learned—have the same duties to make reasonable adjustments for students with disabilities. In Committee, we had very great confusion on this point. Some noble Lords on the Liberal Democrat Benches hoped, and perhaps some still do, that the public sector equality duty could apply directly to English higher education providers—but it cannot, because not all of them will be public sector bodies; in fact, it may be that very few of them are public sector bodies. The noble Lord, Lord Willetts, said that he thought that the public sector equality provision did not apply because universities were charities. However, it is part of the point of the legislation to secure a diversity of types of providers, and they will not all be charities. In fact, many of them may be for profit.