Procurement Bill [HL]

Earl of Dundee Excerpts

Committee stage
Monday 18th July 2022 Grand Committee

These two amendments are designed to encourage UK Ministers to clean up public sector contracts by ensuring that taxpayers’ money is spent on companies with high standards, not ones with grubby standards, such as Bain. I ask that the Minister accepts them and pursues this matter with his colleagues in the Cabinet Office. I will happily discuss privately with him any drafting changes that might be required to satisfy the Government’s requirements in this Bill, but I think it necessary that Ministers provide leadership on this, particularly by making an example of Bain, or else everybody else will think that they can do the same thing.

[The Earl of Dundee (Con)]

My Lords, I will speak to Amendment 353, introduced by my noble friend Lady Stroud.

As many of your Lordships know, the United Kingdom is a signatory to the Council of Europe’s anti-trafficking convention, an international treaty that affects Europe and beyond, with Israel having acceded a short while ago as the second non-member state of the Council of Europe. Last week, on 13 July, its Group of Experts on Action against Trafficking in Human Beings—GRETA —published its annual report for 2021. In December last year, a number of recommendations were adopted, based on the evaluation report produced for the United Kingdom, among other states. Certainly our Modern Slavery Act 2015 has enabled the United Kingdom to take a lead internationally.

I congratulate the noble Lord, Lord Coaker, on his excellent recent Council of Europe report, Concerted Action Against Human Trafficking and the Smuggling of Migrants. The prospect of concerted action has been assisted, not least by our 2015 Act along with other steps taken by the UK Government to prevent and eradicate human trafficking from businesses and supply chains, including in the public sector.

Migrants and refugees are clearly a particularly vulnerable group of people who fall prey to human traffickers far too often. The Russian war on Ukraine has displaced more than 10 million people, and 5.5 million Ukrainians have been recorded across Europe since 24 February. They constitute a vast group of potential victims, having fled shelling, bombardment and occupation by the Russian army; hence all the more so is there a compelling case for linking human trafficking and modern slavery with making provisions for reducing the dependency of public bodies on goods and services that originate in a country considered by the United Kingdom as either a systemic competitor or a threat.

In that context, with this legislation, Amendment 353 in the names of my noble friend Lady Stroud and others is much to be welcomed. I hope that the Minister will feel able to accept it.

Higher Education and Research Bill

Earl of Dundee Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I declare my interest as a former international student and the third generation of my family in India to be educated in this country. I am chair of the advisory board of the Cambridge Judge Business School, which has just been ranked No. 5 in the FT global MBA rankings. As the noble Lord, Lord Holmes, said, our universities are the best in the world along with those of the United States of America.

I wholeheartedly support the amendment in the name of the noble Lord, Lord Hannay. I am sorry that the noble Lord, Lord Patten, is not with us. The amendment refers to more than international students and talks about competition from other countries in terms of collaboration as well. That point should not be missed. I have made the point many times that at the University of Birmingham, where I am proud to be chancellor, when we carry out collaborative research with a university such as Harvard—I am proud to be an alumnus of the Harvard Business School—it has three times the impact of our individual research. Therefore, it is essential that we do that, particularly given the European Union referendum and the potential of Brexit coming up.

There are accusations that international students overstay. Can the Minister confirm that a Home Office report has shown that only 1% to 1.5% of international students overstay? If he will not answer that question, will he say why the Government continually refuse to put in visible exit checks at our borders? If we scanned the passport—EU and non-EU—of every person coming into this country, and the passport of every person—EU and non-EU—going out of this country, we would know who was coming in and who was going out, particularly with regard to international students. I urge the Minister to say why the Government are not doing this.

As the noble Lord, Lord Hannay, said, the global environment is one in which the international student demand from countries such as India is increasing by 8% year on year. We have no target to increase the number of international students. This amendment very clearly says that the Government need to make that a priority. I go further and say that there should be a target. Countries such as France, for example, have a specific target to double the number of students from India by 2020. As the noble Lord, Lord Hannay, said, the number of Indian students went up to nearly 40,000 around 2010. It has now dropped by over 50%. Canada, the United States and Australia all have programmes to increase the number of international students. In fact, Australia has a Minister for international students. Last year in India, the Australian high commissioner said to me, “Thank you for your immigration policy on international students. You’re sending them to us instead”. That is ridiculous.

We now face competition from European Union countries. Non-English speaking countries such as Germany, Sweden and the Netherlands—I have already mentioned France—are incentivising international students. Why cannot we accept this amendment once and for all to make international students a priority? Given the backdrop of Brexit, that is even more important. A survey last year said that 82% of EU students and 35% of non-EU students reported that they would find the UK less attractive as a result of Brexit. This means that some 50,000 EU students and 63,000 non-EU students could be at risk. The proof of the pudding comes from the latest indication that fewer EU students have applied to start university courses in the UK. According to UCAS, there was a 9% fall in the number who had applied for courses. At Cambridge, we know that the figure has dropped by 14%.

I am also president of UKCISA, the UK Council for International Student Affairs, which represents the 450,000 international students in this country, of whom 130,000 are from the EU. UKCISA’s response to the EU referendum result was very clear. It said that it sends,

“worrying signals to thousands of EU (and indeed British students hoping to participate in EU mobility programmes) but given the government’s relentless pressure to cut net migration (including curbs on international students) it is … not surprising that this has been the result”.

I am co-chair, along with Paul Blomfield in the House of Commons, of the All-Party Parliamentary Group on International Students. Our purpose is to recognise the global prominence of UK education, to promote the value of international students, to promote, as the noble Lord, Lord Holmes, said, the soft power of international students, to raise awareness of issues that affect international students and, in reference to the amendment of my noble friend Lord Hannay, to provide a platform for collaboration.

Before I conclude, perhaps I may give a specific example. Following the Committee stage, last week at the University of Birmingham I chaired the annual meeting of our annual court, at which we highlighted that not only one-third of our academics, of whom 18% are from the EU, but a quarter of our students, including from the EU, are international. We have just released an independently prepared impact report on our university. It highlights that:

“Eight additional international undergraduate students would add £1m to the economy”.


That is what we are talking about. It is economic illiteracy not to promote international students and to send out signals that they are not welcome here. At Birmingham, according to this impact report, our international students contribute £160 million to the economy, and they are advocates and ambassadors for Birmingham. They are also ambassadors for the UK around the world, as the noble Lord, Lord Holmes, said.

Just last week—again, since Committee—UUK released a report on international students. It said:

“International students are vital for a successful post-Brexit, industrial strategy fit for a global Britain”.


It also spoke about the element of soft power. At any one time there are 30 world leaders who have been educated at British universities. The report also—this point has not been made so far—spoke about a ComRes public opinion poll for Universities UK which suggests that the public do not view students as immigrants. It said:

“Only 23% of Remain voters and 25% of Leave voters view international students as immigrants. Of those that expressed a view, 75% say they would like to see the same number, or more, of international students in the UK. Of those who expressed a view, 71% would support a policy to help boost growth by increasing overseas students. This polling suggests that current visa policy is not addressing public concerns”.


I would go one step further: this poll suggests that the Government are entirely out of line with public opinion when it comes to international students. I need only mention the current, and first Indian, president of the Royal Society, Sir Venki Ramakrishnan—Nobel laureate and fellow of Trinity College, Cambridge.

Universities UK does not argue that students in the UK should not be counted. I do not think that anyone here is saying that; we are saying that they should not be included in a net migration target. Our direct competitors categorise international students as temporary citizens. In the United States they are classified as non-immigrants alongside tourists, business visitors and those in cultural exchange programmes. In Australia they are classified as temporary migrants alongside tourists and visitors, and in Canada they are classified as temporary residents. These are our direct competitors. If they can do it, why cannot we?

Every time this issue has been brought up in this House, there has been unanimous cross-party support for taking international students out of the net migration figures, but the Government are not listening, the Prime Minister is not listening and the Home Office is not listening. So what option do we have? The only option is legislation and I urge noble Lords to support this amendment. Net migration figures create a perception that has unfortunately become reality in putting off international students. They must be a priority for our universities, for our economy, for our position in the world, for our domestic students and, more importantly with this uncertain future, for our whole country.

[The Earl of Dundee (Con)]

My Lords, as has been said, Amendment 150 would serve to redress a number of unsatisfactory outcomes. These already threaten to undermine our economic competitiveness, skills, trade, exports; then soft power deriving around the world from our usual reputation for welcome and fair-mindedness. However, adjusting, through this amendment, is perhaps all the more fitting, remaining as we do within the Council of Europe of 47 states, within which affiliation, through good practice such as this amendment promotes, we can therefore continue to assist balance, democracy and common sense.

Higher Education and Research Bill

Earl of Dundee Excerpts

Report stage (Hansard - continued): House of Lords
Monday 6th March 2017 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, the amendment is returning to a topic that was raised in Committee and discussed in some detail, but not extensively, in relation to what might happen in the hypothetical situation where a higher education provider is in breach of an ongoing registration condition relating to the quality of the education it is providing or its ability to implement a student protection plan. The Bill is good on these issues and it is important that we should have measures of this type in statute.

The question that arose during the earlier debate, and which arises still because the answer was not entirely satisfactory, is about the only penalty specified in the Bill being a financial penalty. In other words, in breach of the registration conditions in the terms I have just outlined, an institution would face a fine that is not specified but which could be quite substantial in relation to activities.

The point was made in Committee that there may be other sanctions available and the question is: why are these not specified in the Bill? It would be helpful for the OfS to have a range of possible opportunities to get redress from institutions and, in particular, not necessarily go down a financial route, which might have the ultimate result—one not entirely satisfactory in terms of the Bill’s requirements—of reducing the amount of money available to spend on teaching students. The question specified in the amendment is whether it would be better to have a numbers cap as well as a financial penalty in that area. I beg to move.

[The Earl of Dundee (Con)]

My Lords, within this part of the Bill concerning registration conditions and their enforcement, so far it appears that there is nothing much about restricting enrolment. Clause 16 enables monetary penalties where necessary and, in various other respects, Clauses 17 to 22 inclusive provide powers to correct and adjust, if and when desirable. Yet the latter will constitute relevant actions in the second place, and thus subsequent to the central matter, which is enrolment in the first place. In this context, by contrast, thus it appears anomalous that enrolments, and in certain circumstances a useful scope for their restriction, should so far not have been addressed at all. However, the proposed new subsections of the noble Lord, Lord Stevenson of Balmacara, redress that omission. His amendment is timely and very much worthy of support.

[Baroness Wolf of Dulwich (CB)]

I support the proposition. When we discussed the matter in Committee, the Minister said that he saw no reason why there should not be a wider range of penalties at the disposal of the Office for Students. It would be very helpful to have that confirmed in the Bill, otherwise there is the possibility of challenge of the OfS exceeding its powers if it moved to restrict the number of students in a way that would seem on many occasions entirely appropriate.

Queen’s Speech

Earl of Dundee Excerpts

Tuesday 24th May 2016 Lords Chamber

[The Earl of Dundee (Con)]

My Lords, in my remarks today on local democracy, I will refer to some useful and recent developments that have improved the quality of both national and European democracy. Within states they include devolution from centres to regions and within Europe the increasing scope to mutual advantage of direct working partnerships between different places and different countries. Devolution is taken to mean the transfer of certain powers away from centres to regions. The noble Lord, Lord Foulkes, and my noble friend Lord Norton of Louth both reminded us of the need throughout the United Kingdom to achieve coherence and even-handedness. Within the United Kingdom this begins in Westminster and then Edinburgh, Cardiff and Belfast. However, the latter are also administrative centres, so the aim is that in the second place and as much as possible they would pass on powers and functions to their own regions and localities.

The proactive current city partnerships are to be distinguished from earlier twinned city arrangements, which after the Second World War had pursued a different yet very necessary agenda of building up friendship and good will between the towns and areas of countries previously fighting each other. In reviewing the current working partnerships, three aspects should perhaps be connected: their purpose and methods; their contributions to society; and how they can be best progressed by Governments, institutions and participants themselves.

The aim is to improve conditions in each of the cities or separate localities that come to work together. Education and culture are the obvious starting points. Those stand to benefit everyone, not least young people as they grow up in schools and universities, and equally to do so when they start work or apprenticeships. Yet we should bear in mind the association between economic and cultural activities, for the more cities or local economic centres have direct trade and financial dealings with one another, the more likely it becomes that both culture and quality of life will be advantaged in each place as a result. In any case, the term “culture” represents a wide territory occupied by many facets of daily life. These include economic and financial activities, the contentment of people and families, their education and the variety of their accomplishments, aspirations and opportunities.

Then there are the respects in which city partnerships can improve national and European democracy and stability, for they enhance the well-being of localities and communities. These are already sustained by their own nation states, themselves members of European affiliations, whether the Council of Europe, the European Union or both. However, between cities or regions, cultural and working synergies demonstrate another dimension and an additional contribution to further advantage those synergies so that they can build upon what is already there.

This leads to the relationship with national democracy, Governments and institutions. Here there are a few paradoxes, although each indicates a positive outcome nevertheless. To begin with is the need for an arm’s-length approach by national Governments. This is the first paradox, for the more Governments recognise that city partnerships are worth while, the more they should keep their distance from them all the same. Otherwise the success and energy of the endeavours risk becoming undermined and stifled by government interference.

On the other hand there are plenty of ways for government to encourage cities and regions to do their own thing. If my noble friend the Minister agrees with that, can he say what steps our own Government are prepared to take to assist in this process? Governments can act as co-ordinators providing much-needed information to guide cities on how to proceed if they should wish to do so, how and why good practice is thus built up both within localities and their states alike, and how restricted budgets and economic downturns need neither stand against nor prevent actions at all. The latter observations apply as there are so many simple, inexpensive and creative ways in which city partnerships can be embarked upon in the first place. That is the second paradox, and it sends a heartening message.

The third paradox indicates the scope for re-energising national democracy through local grass-roots efforts. Nevertheless, traditional political theory may have suggested otherwise, reflecting how things were through the 19th century and most of the 20th when nationalism continued to hold sway, and how the pursuit of state pride formed a greater priority than that of the well-being of citizens. Yet the corollary to this is that an emphasis upon democratic qualities at local levels does not in fact upstage or threaten the state at national levels at all. The reverse is actually the case in that it enables trust and confidence to be restored in European Governments and Administrations, currently often accused of being out of touch with their own people. Does the Minister believe that this is the clear benefit arising from strengthened local democracy which government policy should thus steadily seek to achieve at home and in Europe?

At least both this ailment and its potential remedies are increasingly acknowledged in our 21st century. Consequently, and far more than they ever used to be, measures of national performance now take into account manifestations and achievements at local levels, a welcome departure from precedent and currently evident within most Council of Europe states, and endorsed by its parliament, where I have the honour to serve.

In gauging the well-being of citizens, such measures are now indications of national success. Corresponding to this are a variety constructive expedients, new and old, which help to strengthen local democracy in the first place. Two of these, which if handled properly are of enormous potential benefit to European regions and localities as outlined, are the process of devolution and between different places in different countries the constructive forging of working partnerships. Both are much to be recommended.

EU: Balance of Competences Review

Earl of Dundee Excerpts

Wednesday 11th March 2015 Lords Chamber

[The Earl of Dundee (Con)]

My Lords, I want to pick up briefly three themes: the European Union’s function to maintain peace in Europe; its task to assist the well-being of its citizens and their economies; and its external role of fostering international stability.

To achieve proper results, it is clear that the European Union’s competences should always be under scrutiny. Let alone at present, there is a case for that at regular intervals and at all times. It is also important that the performance and competences of its 28-state affiliation should be judged and reviewed in association with those of the Council of Europe’s 47-state affiliation.

Not least is this plain in considering the European Union’s function to maintain the peace of Europe. For the backbone of European peace is the consensus shared by Council of Europe member states on human rights and the rule of law; and the court’s ability, if need be, to uphold the rights of an individual citizen against a nation state. Until the Second World War, this would have been unthinkable. The fact that it no longer is, even if only symbolically, has exerted a powerful curb on nationalism and those of its policies which have led to European wars. Does my noble friend the Minister, therefore, agree that the European Union’s peacekeeping function and any adaptations of related competences must be closely allied to those of the Council of Europe?

Assistance to the well-being of citizens and their economies also requires the joint efforts of the European Union and the Council of Europe. We hear much about the democratic deficit: the alienation of people and voters from politicians and parliamentarians. Yet in the present Europe one great opportunity is that for grassroots democracy and the scope for flourishing regions and communities. Does my noble friend concur that this task is best accomplished by making full use of the respective competences of the European Union and Council of Europe together?

The same applies when fostering international stability; for this is done not just through trade and economic investment—the strengths of the European Union—but also through the moral authority and programmes of the Council of Europe.

Certainly, on all these fronts, whether internal or external to Europe, relevant adaptations to the European Union should be considered in the first place, as we rightly do today. For best results, however, the competences of these two complementary European institutions should be structured and reviewed together.