Debates between Lord Johnson of Marylebone and John Bercow during the 2015-2017 Parliament

Mon 21st Nov 2016
Higher Education and Research Bill
Commons Chamber

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons

Oral Answers to Questions

Debate between Lord Johnson of Marylebone and John Bercow
Tuesday 31st January 2017

(7 years, 3 months ago)

Commons Chamber
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Lord Johnson of Marylebone Portrait Joseph Johnson
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Between 2010-11 and 2014-15, the MRC spent £13.3 million on autism research, and it always welcomes high-quality applications for support on any aspect of human health. Such applications are subject to peer review and are judged in open competition. The Department of Health, through the National Institute for Health Research, also funds research in this area, and the MRC’s centre for neurodevelopmental disorders at King’s College London opened recently, in November.

John Bercow Portrait Mr Speaker
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The right hon. Member for Chesham and Amersham (Mrs Gillan) can always have her question framed and put up on the wall in a suitable part of her home, of her own choosing.

Higher Education and Research Bill

Debate between Lord Johnson of Marylebone and John Bercow
3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 21st November 2016

(7 years, 6 months ago)

Commons Chamber
Read Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 21 November 2016 - (21 Nov 2016)
Lord Johnson of Marylebone Portrait The Minister for Universities, Science, Research and Innovation (Joseph Johnson)
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I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss the following:

New clause 4—Committee on Degree Awarding Powers and University Title

“(1) The OfS must establish a committee called the “Committee on Degree Awarding Powers and University Title”.

(2) The function of the Committee is to provide advice to the OfS on—

(a) the general exercise of its functions under sections 40, 42, 43 and 53 of this Act, and section 77 of the Further and Higher Education Act 1992;

(b) particular uses of its powers under section 40(1) of this Act; and

(c) particular uses of its powers under section 77 of the Further and Higher Education Act 1992.

(3) The OfS must seek the advice of the Committee before—

(a) authorising a registered higher education provider or qualifying further education provider to grant taught awards, research awards or foundation degrees under section 40(1) of this Act;

(b) varying any authorisation made under section 40(1) of this Act so as to authorise a registered higher education provider or qualifying further education provider to grant a category of award or degree that, prior to the variation of the authorisation, it was not authorised to grant; and

(c) providing consent under section 77 of the Further and Higher Education Act 1992 for an education institution or body corporate to change its names so as to include the word “university” in the name of the institution or body corporate.

(4) The OfS must also seek the advice of UKRI before authorising a registered higher education provider or qualifying further education provider to grant research awards under section 40(1) of this Act.

(5) The OfS does not need to seek the advice of the Committee before—

(a) revoking an authorisation to grant taught awards, research awards or foundation degrees; or

(b) varying any authorisation to grant taught awards, research awards, or foundation degrees so as to revoke the authorisation of a registered higher education provider or qualifying further education provider to grant a category of award that, prior to the variation of the authorisation, it was authorised to grant.

(6) Subsection (4) applies whether the authorisation being revoked or varied was given—

(a) by an order made under section 40(1) of this Act;

(b) by or under any Act of Parliament, other than under section 40(1) of this Act; or

(c) by Royal Charter.

(7) In providing its advice to the OfS, the Committee must in particular consider the need for students, employers and the public to have confidence in the higher education system and the awards which are granted by it.

(8) The OfS must have regard to the advice given to it by the Committee on both the general exercise of its functions referred to in subsection (2) and any particular uses of its powers referred to in subsection (3).

(9) The majority of the members of the Committee must be individuals who appear to the OfS to have experience of providing higher education on behalf of an English higher education provider or being responsible for the provision of higher education by such a provider.

(10) In appointing members of the Committee who meet these criteria, the OfS must have regard to the desirability of their being currently engaged at the time of their appointment in the provision of higher education or in being responsible for such provision.

(11) The majority of the members of the Committee must be individuals who are not members of the OfS.

(12) Schedule 1 applies to the Committee on Degree Awarding Powers and University Title as it applies to committees established under paragraph 8 of that Schedule.”

This new clause would create a committee of the OfS which fulfils much the same functions as the current Advisory Committee on Degree Awarding Powers.

New clause 7—Automatic review of authorisation

“(1) The OfS must consider whether to vary or revoke an authorisation given under section 40(1) if—

(a) the ownership of the registered provider is transferred,

(b) the owner of the registered provider has restrictions placed on its degree-awarding powers in relation to another registered provider under its control or ownership, or

(c) for any other reason considered to be in the interest of students enrolled at the institution or the public.

(2) A decision taken under sub-section (1) to vary or revoke an authorisation shall be carried out in accordance with section 43.”

This new clause would ensure that a review of a provider’s degree awarding power would be triggered if the ownership of a provider changes, if the owner of the registered provider faces restrictions to its degree awarding powers in another jurisdiction or if the OfS deems a review necessary to protect students or the wider public interest.

New clause 9—OfS report: international students

“(1) The OfS shall, in accordance with information received under paragraph 8(1)(ba), produce an annual report for the Secretary of State on—

(a) EU (excluding from the UK), and

(b) non- EU

students enrolled with English higher education providers.

(2) A report under subsection (1) must include an assessment of—

(a) the number of international students, and

(b) the financial contribution of international students to English Higher Education providers.

(3) The Secretary of State shall lay the report produced under subsection (1) before each House of Parliament.”

New clause 12—Prohibition: use of quality of higher education when determining a visa application

“An assessment made of the quality rating of a higher education provider in the United Kingdom under section 25 of this Act may not be used when assessing a person’s eligibility for leave to enter or remain in the United Kingdom under Part 1 of the Immigration Act 1971.”

New clause 14—Post Study Work Visa: evaluation

“(1) Within six months of this Act coming into force, UKRI must commission an independent evaluation of the matters under subsection (1B) and shall lay the report before the House of Commons.

(1B) The evaluation under subsection (1A) must assess—

(a) the effect of the absence of post study work visas for persons graduating from higher education institutions in the United Kingdom on—

(i) the economy, efficiency and effectiveness of the higher education sector, and

(ii) the UK economy, and

(b) how post study work visa arrangements might operate in the UK, including an estimate of their effect on—

(i) the economy, efficiency and effectiveness of the higher education sector, and

(ii) the UK economy.”

This new clause would require UKRI to commission research on the effects of the absence of arrangements for post study work visas and assess how such arrangements could operate in the UK and their effect on the higher education sector and the UK economy.

New clause 15—Standing Commission on the integration of higher education and lifelong learning

“(1) The Secretary of State shall establish a Standing Commission on the integration of Higher Education and Lifelong Learning.

(2) The terms of reference of the Commission shall include the following purposes—

(a) to report on progress being made in respect of the opportunities available to individuals, employers and communities to integrate higher education with lifelong learning in England;

(b) to consider the potential to update and review the range of higher education qualifications available for mature students at all registered higher education providers;

(c) to evaluate current funding systems for registered higher education providers with respect to the opportunities available to individuals, employers and communities to integrate higher education with life-long learning, in England;

(d) to examine and report on the introduction of personal learning accounts to be used for higher education—

(i) funded on the contributory principle from employers, individuals and structures of devolved local and national government; and

(ii) on the arrangements that will operate to facilitate input from corporate or trade union bodies, which can be used to support lifelong learning and adult education;

(e) to examine and report on the potential to develop education and skills accounts (ESAs), including the possibility of a single lifetime higher education entitlement; and

(f) to examine and report on the establishment of a national credit rating, accumulation and transfer system as a mechanism to improve flexible learning in further and higher education, including for mature students, and on the feasibility of a digital credit system, which could also facilitate where appropriate the integration of work-based learning and higher education.

(3) The Commission will make the following reports on the matters set out at subsection (2) to be laid before Parliament—

(a) within 12 months of its establishment; and

(b) thereafter annually.

(4) When the report in respect of ESAs required at subsection (2)(e) has been made, the Secretary of State may authorise the OfS to work with higher education providers, employers and financial institutions to develop a framework for ESAs.”

New clause 16—Migration Statistics: students

“When the Secretary of State publishes statistics on the immigration of people to the United Kingdom, the relevant publication must provide—

(a) the figures net and gross of those people who are students studying in the UK, or

(b) a note indicating how many students included in the total immigration figures are students studying in the UK.”

Government amendment 1.

Amendment 51, in clause 5, page 4, line 9, at end insert—

“(1A) Subject to subsection (1C), initial registration conditions of all providers under paragraph (1)(a) must include a requirement that every provider—

(a) provides all eligible students with the opportunity to opt in to be added to the electoral register through the process of enrolling with that provider, and

(b) enter into a data sharing agreement with the local electoral registration officer to add those students to the electoral register.

(1B) For the purposes of subsection (1A)—

(a) a “data sharing agreement” is an agreement between the higher education provider and their local authority whereby the provider shares—

(i) the name,

(ii) address,

(iii) nationality,

(iv) date of birth, and

(v) national insurance data of all eligible students enrolling and/or enrolled with the provider who opt in within the meaning of subsection (2A)(a);

(b) “eligible” means those persons who are—

(i) entitled to vote in accordance with section 1 of the Representation of the People Act 1983, and

(ii) a resident in the same local authority as the higher education provider.

(1C) Subsection (1A) does not apply to the Open University and other distance learning institutions.”

This amendment would ensure that the OfS includes as a registration condition for higher education providers the integration of electoral registration into the student enrolment process. Distance-learning providers are exempt.

Amendment 37, page 4, line 17, after “providers” insert “, staff and students”.

This amendment would ensure consultation with bodies representing higher education staff and students.

Amendment 52, in clause 8, page 5, line 35, at end insert—

“(ba) a condition that requires the governing body of the provider to provide the OfS with information on the number of international students enrolled on a higher education course at that institution and the fees charged to those students,”

Amendment 38, page 5, line 39, at end insert—

“and

(d) an access and participation plan condition, as defined in section 12.”

This amendment would make access and participation plans mandatory for all higher education providers.

Government amendment 2.

Amendment 39, in clause 9, page 6, line 13, at end insert—

“(iv) age band,

(ii) people with disabilities, and

(iii) care leavers.”

This amendment would include the number of people with disabilities and care leavers, as well as the age of applicants, in the published number of applications.

Government amendments 3 and 4.

Amendment 46, in clause 25, page 15, line 25, at beginning insert “Subject to subsection (7),”.

See the explanatory statement for amendment 47.

Amendment 49, page 15, line 32, at end insert—

“(1A) The scheme established under subsection (1) shall have two ratings—

(a) meets expectations, and

(b) fails to meet expectations.

(1B) Each year, after the scheme established under subsection (1) comes into force the OfS must lay a report before Parliament on the number of international students—

(a) applying to, and

(b) enrolled

at the Higher Education Providers that have applied for a rating within the meaning of subsection (1).”

This amendment provides for a pass/fail only Teaching Excellence Framework (TEF) rating, and requires the OfS to report on the number of international students applying to and attending Higher Education providers each year from the coming into force of the TEF.

Amendment 47, page 16, line 23, at end insert—

“(7) No arrangements for a scheme shall be made under subsection (1) unless a draft of the scheme has been laid before and approved by a resolution of both Houses of Parliament.”

This amendment and amendment 46 would ensure TEF measures were subject to scrutiny by, and approval of, both Houses of Parliament.

Amendment 50, page 16, line 23, at end insert—

“(7) In making arrangements under sub-section (1), the OfS must make an assessment of—

(a) the evidence that any proposed metric for assessing teaching quality is correlated to teaching quality, and

(b) the potential unintended consequences that could arise from implementing the scheme including proposals on how such risks can be mitigated.

(8) Prior to making an assessment under subsection (7) the OfS must consult—

(a) bodies representing the interests of academic staff employed at English higher education providers,

(b) bodies representing the interests of students enrolled on higher education courses, and

(c) such other persons as the OfS considers appropriate.

(9) The assessments made under subsection (7) must be published.”

This amendment would require an assessment of the evidence of the reliability of the TEF metrics to be made and for the assessment to be published.

Government amendments 5 to 11.

Amendment 40, in clause 40, page 23, line 22, at end insert—

“(c) the OfS is assured that the provider is able to maintain the required standards of a UK degree for the duration of the authorisation; and

(d) the OfS is assured that the provider operates in students’ and the public interests.”

This amendment requires the OfS to be assured about the maintenance of standards and about students’ and the public interest before issuing authorisation to grant degrees.

Amendment 41, page 23, line 47, at end insert—

“(9A) In making any orders under this section, and sections 41, 42 and 43, the OfS must have due regard to the need to maintain confidence in the higher education sector, and in the awards which they collectively grant, among students, employers, and the wider public.”

This amendment would ensure that the granting and removal of degree awarding powers would be linked to a need to maintain confidence in the sector, and with a view to preserving its excellent reputation.

Amendment 58, in clause 51, page 31, line 41, at end insert—

“(A2) The power described in subsection (A1) may be exercised so as to include the word “university” in the name of the institution only if the institution can demonstrate that—

(a) it offers access to a range of cultural activities, including, but not restricted to—

(i) the opportunity to undertake sport and recreation, and

(ii) the opportunity to access a range of student societies and organisations,

(b) it provides students support and wellbeing services including specialist learning support,

(c) it provides opportunities for volunteering,

(d) it provides the opportunity to join a students’ union, and

(e) it plays a positive civic role.”

Government amendments 12, 13, 18 and 19.

Amendment 36, in schedule 1, page 69, line 37, at end insert—

“(h) being an employee of a higher education provider, particularly in the capacity of teaching or researching.”

This amendment would ensure the Secretary of State had regard for the experience of higher education employees, teaching or research staff.

Amendment 48, page 69, line 37, at end insert—

“(h) representing or promoting the interests of employees in higher education establishments.”

This amendment requires that at least one of the ordinary members of the OfS has experience of representing or promoting the interests of employees in higher education.

Government amendments 21 to 34.

Lord Johnson of Marylebone Portrait Joseph Johnson
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New clause 1 relates to the Office for Students, which is central to the Bill and has quality, student choice, equality of opportunity and value for money at its core. Through the creation of the independent OFS, the Bill will join up the currently fragmented regulation of the sector—essential to ensure that students are protected, and that students and the taxpayer receive good value for money from the system. The Bill will boost social mobility and promote opportunity for all. It will drive up innovation, diversity, quality and capacity in our world-class higher education sector, while protecting academic freedom and institutional autonomy. The Bill will also create UK Research and Innovation, a new body with strategic vision for research and innovation in the UK.

I am pleased that the Bill received such thorough scrutiny in Committee. I have reflected on the points made by Opposition Members and I am pleased to present some important amendments today. We made it clear in our White Paper that the OFS will have responsibility for oversight of the financial health of the sector, and will monitor the sustainability of individual institutions. It is absolutely essential that all providers who are eligible to receive some form of public funding have sustainable finances to ensure value for students and taxpayers.

We have listened to stakeholder evidence and to the Committee debates. Stakeholders including Universities UK consider the Higher Education Funding Council for England’s holistic oversight of the health of the sector to be an essential part of the regulator’s role. I understand the importance of this oversight in maintaining confidence in the sector and preserving its world-class reputation. The stakeholders share the desire to make our policy intention in the White Paper explicit in legislation. This role will include financial oversight of all the institutions’ activities, spanning teaching and research.

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John Bercow Portrait Mr Speaker
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I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified clause 81 of the Higher Education and Research Bill as relating exclusively to England and Wales and within devolved legislative competence; and clause 56 and schedule 5 as relating exclusively to England and within devolved legislative competence. Under paragraphs (4) and (5) of Standing Order No. 83L, I have also certified the following amendments as relating exclusively to England: amendments 109, and 243 to 245 made in Public Bill Committee to clause 80 of the Bill as introduced (Bill 4), now clause 81 of the Bill as amended in the Public Bill Committee (Bill 78). Copies of my certificate are available in the Vote Office.

Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?

Lord Johnson of Marylebone Portrait Joseph Johnson
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indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Natasha Engel in the Chair]

Motion made, and Question put forthwith (Standing Order No. 83E),

That the Committee consents to the following certified clause of the Higher Education and Research Bill:

Clauses and schedules certified under Standing Order 83L(2) as relating exclusively to England and Wales and being within devolved competence

Clause 81 of the Bill (Bill 78)—(Joseph Johnson.)

Question agreed to.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).

Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),

That the Committee consents to the following certified clauses and schedules of the Higher Education and Research Bill and certified amendments made by the House to the Bill:

Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence

Clause 56 of and Schedule 5 to the Bill (Bill 78);

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England

Amendments 109, 243, 244 and 245 made in the Public Bill Committee to clause 80 of the Bill as introduced (Bill 4), which is Clause 81 of the Bill as amended in the Public Bill Committee (Bill 78)—(Joseph Johnson.)

Question agreed to.

The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).

The Speaker resumed the Chair; decisions reported.

Third Reading

Queen’s consent signified.

Oral Answers to Questions

Debate between Lord Johnson of Marylebone and John Bercow
Tuesday 28th June 2016

(7 years, 10 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I call Minister Johnson—the only Johnson who matters today.

Lord Johnson of Marylebone Portrait The Minister for Universities and Science (Joseph Johnson)
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Thank you, Mr Speaker. The Government are fully committed to making the UK the best place in the world to do science. The number of full-time students accepted to study STEM subjects in England is up 17% since 2010. Initiatives such as the STEM ambassadors programme and the new Polar Explorer programme are providing inspiration for young people to consider STEM careers.

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Lord Johnson of Marylebone Portrait Joseph Johnson
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We remain members of the European Union. Our institutions are fully able to apply for and win European competitive funding schemes, and they will continue to be able to do so until such time as we change the basis of our relationship with Horizon 2020.

John Bercow Portrait Mr Speaker
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I call another, equally important, Johnson—Diana Johnson.