14 Lord Liddle debates involving the Department for Education

Wed 15th Jun 2022
Schools Bill [HL]
Lords Chamber

Committee stage: Part 2 & Lords Hansard - Part 2
Wed 25th Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 6th sitting (Hansard): House of Lords
Mon 23rd Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 5th sitting (Hansard - continued): House of Lords
Wed 18th Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 4th sitting (Hansard): House of Lords
Mon 16th Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 3rd sitting (Hansard - continued): House of Lords
Wed 11th Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 2nd sitting (Hansard - continued): House of Lords
Mon 9th Jan 2017
Higher Education and Research Bill
Lords Chamber

Committee: 1st sitting (Hansard - continued): House of Lords

Oak National Academy

Lord Liddle Excerpts
Thursday 12th January 2023

(1 year, 3 months ago)

Grand Committee
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Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I do not have any personal interests to declare in this discussion, as other noble Lords have—not that I use that to blame them for speaking about this, in any way. However, I happen to be a close personal friend of one of the people who was principally involved in establishing the Oak National Academy, who is probably the person my noble friend just referred to.

I learned about this during lockdown or, at least, in the periods during Covid when we could meet and talk about this. I was very impressed by what was being done to help education continue in this crisis. It was a noble endeavour and the academy should be fully congratulated on it. The tone of this debate does not recognise the contribution it made to keep education going when, I have to say, some—the education unions, for instance—were not very keen on going into classes. That point should be made.

Secondly, again for family reasons, I know all about the BBC thing and recognise that there are problems, but for goodness’ sake, this is a very small-scale public intervention. It is not the BBC. The tender is £8 million. Also, I have been told regarding Oak’s activities that there are two important differences from what the private sector offers. First, it is trying to have universal cover of all the subjects in the curriculum rather than just the ones out of which a lot of money can be made. That is an important difference that we should recognise. Secondly, use of its materials is heavily concentrated among schools that are teaching deprived kids. That does not surprise me, given the financial pressures on those schools and on their teachers, who deserve every possible help.

Therefore, I do not think that there is a problem with this. I do not understand why the publishers are trying to take Oak to court. I do not understand the point about this being an instrument of central government control, of a Tory Government who want to strangle the independence of the curriculum. This is an arm’s-length body. The definition of an arm’s-length body is one that is independent of ministerial control.

I recognise that these are industries of the future in which Britain has an important role to play, these being some of our competitive strengths in the world. However, what the education publishers are saying is like saying that you cannot have the NHS because it would stop all the investment in innovative medical activity. Let us be sensible about this. It needs a sensible conversation between the publishers and Oak National Academy.

Apprenticeship Levy Scheme

Lord Liddle Excerpts
Thursday 16th June 2022

(1 year, 10 months ago)

Lords Chamber
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Baroness Barran Portrait Baroness Barran (Con)
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As the noble Baroness will be aware from our debate last night, it is not the Government’s plan to micromanage schools in terms of how they celebrate. We are promoting apprenticeships in schools and colleges through our ASK programme—the Apprenticeship Support and Knowledge programme— the Get the Jump programme and the Skills for Life programme. She may have seen some of the materials from Get the Jump recently, which were very engaging.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I respect the Minister’s good intentions, but how does she account for the catastrophic fall in the number of entry-level apprenticeships at intermediate level in the past five or so years? It is no good pointing to figures that show that we have done a bit better than we did in the disastrous Covid year. Let us have a look at the long- term position. She says that the department regards this as important, but what conclusions is it drawing and what is it going to do about it?

Baroness Barran Portrait Baroness Barran (Con)
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Our conclusion is that we listen to employers and respond to what they ask for. I shall give the noble Lord one example. Employers have told us that they need young people to be more work-ready. Therefore, we are funding up to 72,000 traineeship places over the next three years.

Schools Bill [HL]

Lord Liddle Excerpts
Finally, the Government need to give more thought to the political consequences of having a hard formula—be careful what you wish for. Every MP in England will have cases brought to them about the funding of individual schools in their constituency, and they will expect an answer from the Minister. It is inevitable that the funding of almost every school will become a political problem for the Government. That will not be good for politics and it certainly will not be good for education.
Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I will intervene briefly. I apologise that I have been away and therefore unable to participate in debates on the Bill as much as I would have wanted to. I start by declaring my interest as still being a member of Cumbria County Council.

I agree with quite a bit, but not all, of what my noble friend Lord Davies of Brixton has just said. I am personally not against academies and academy chains; I think they have brought fresh thinking into the education system. The problem is how to regulate them. My impression is that the Bill is adopting far too centralised an approach.

The essence of the point I want to make is that it is my impression that, in my own authority, the schools forum approach, allowing the per capita payment to be flexed, has worked well. It has worked well in two respects, and I hope the noble Baroness might address this. I have great respect for her and her concern for education, and I hope she might reflect on these points.

First, in an area that is a mixture of big towns and lots of rural village schools, the formula can be flexed to help keep open village schools that serve important local needs. This is particularly true in areas where there are big distances, such as Cumbria.

Secondly, there is a problem when a school gets into difficulty. Schools can get into difficulty quite quickly, particularly if there is a change of head or something like that, and it does not work out well. In an area where there is no shortage of school places and parents have a lot of choice—this applies particularly at secondary level—you then get into the situation where parents can choose to take their children out and put them into other schools in the area if they think a particular school is not doing well.

You cannot turn that situation around—perhaps the noble Baroness agrees with me—by having to cut teachers as a result of school income declining. Somehow, we have to get better leadership into the school, and I am sure that this is what an academy chain would want to do. The formula has to reflect that possibility. How is that going to happen? I fully support the amendment from my noble friends on the Opposition Front Bench.

Baroness Morris of Yardley Portrait Baroness Morris of Yardley (Lab)
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My Lords, I was not going to speak on this issue; I will do so very briefly. It is really important, and it is a shame that it is so late in the evening. I am in two minds about it: I can see where the Minister is coming from but my views, on the whole, accord with those of my noble friend Lord Liddle, who has just spoken.

The point I want to make, and I would ask for the Minister’s observations on it, is this. When I was doing her job, I remember when I learned that my decision on how the money should be allocated was not replicated in the local authority. I was a bit cross about it: here we are taking decisions about this, we send the money out to the local authorities and, blow me down, they change it around. I then realised that we just had to live with it—that was democracy, and that was making sure there was some local flexibility. However, I can remember feeling irritated by it. We lived with it because we were not as centralised as this Government intend to be.

My worry about this is not that it is trying to remedy the wrong that was referred to earlier on this evening—that 20 local authorities do not pass on the funding to small schools in rural areas when it leaves the department. It does not look like that to me, although I do not doubt that she is concerned. The way it looks to me is that this Bill is about giving power to the Secretary of State over every school and over everything. The minute the Government do that they have to control all the money. It seems to me that is the order: if the Government were not taking all the powers to control every school and everything they do, they would be able to be more flexible with the money, because that flexibility with the money would go with the flexibility given to the school. Because the Government are taking all the power to control all schools over all things, it looks as though they have thought, “The only way we can do that is to control every penny as well. We have to have that lever.” That is what worries me. If you put it together with what is happening in initial teacher training, it is the last brick in the wall of an absolute top-down, very heavily controlled nationalised school system. I would really like the Minister’s observations on that.

Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

Lord Liddle Excerpts
Wednesday 24th April 2019

(5 years ago)

Lords Chamber
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Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I congratulate the Government on bringing forward this measure. It is a brave decision to stand up to the forces of social conservatism, which are still far too strong in our society. I also believe that this marks an important stepping stone in the progress that we have made as a society on these questions. At an abysmal time in our politics—the lowest moment in politics I have known—this is a great step forward.

We have heard a lot about the rights of parents. I believe the rights of parents have to be respected, and I took very much the point made by the noble and learned Lord, Lord Mackay, that teaching in schools has to reflect the religious and philosophical convictions of parents, even though they could be very diverse convictions. Therefore the teaching has to be objective and non-propagandist and must certainly not be able to be described as indoctrination. I support him on that, but we have to recognise that as well as the problem of the few thousand parents who may have difficulties with certain aspects of relationships and sex education, the situation in our schools is a long way from the equality to which we want our society to aspire. We have only to look at LGBT kids, who disproportionately suffer stress and mental health problems and have a higher propensity for suicide. Those are facts. As the noble and learned Lord said, if one’s primary concern is the welfare of children, something has to be done to make them feel at home in that school environment.

The original contribution I have to make to this debate is that I have several gay friends active in the Labour Party who are now in their late 20s and early 30s. For this debate, I asked them to tell me what it was like at school and their impressions of sex education at school. One lad said to me—well, he is now a very mature and successful person—“When I attended a state secondary school for boys in the 2000s, the sex education was mostly limited to slide shows of sexual diseases and a discussion about the consequences of getting a girl pregnant at a young age. We didn’t even learn how to put a condom on a banana. While this sex education was far too limited for heterosexual young adults, it was a dereliction of duty for gay and bisexual young adults who learned nothing about sexual intercourse. Had the young people I went to school with been taught at a younger age about the wide range of loving and valid relationships that exist in society, I imagine I would have felt much more comfortable coming out as gay at school. Instead, I spent many years hiding my sexuality for fear of being bullied or cast out by my friends and family, not gaining the confidence to come out until I made a new group of friends at university”.

Another man said, “I realised I was gay, or at least that I liked boys rather than girls, at primary school. However, I didn’t really understand what that meant. I felt ashamed and confused from an early age and had no understanding about how to cope with it. I definitely experienced feelings of disgust and, while I was not suicidal, I was deeply distressed about it and had no one to talk to. I had no idea about what being gay was, and no role models, reference points or education. Sex education focused solely on heterosexual sex and relationships, so I didn’t learn much from that”.

This is something we ought to be concerned about and do something about. We need a broad view that reflects modern Britain in relationships and sex education. I think these guidelines are progress in that direction, and that is why I support them.

Lord Hodgson of Astley Abbotts Portrait Lord Hodgson of Astley Abbotts (Con)
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I am a member of the Secondary Legislation Scrutiny Committee under the chairmanship of the noble Lord, Lord Cunningham. The committee scrutinised these regulations, and I shall give the House a remark or two about our very lengthy discussions, which are reflected in the report to which several noble Lords have referred. In this very sensitive area, the Government have achieved a good balance, but it is a balance and there are contrary views that need to be heard.

When you serve on the Secondary Legislation Scrutiny Committee, you struggle away in decent obscurity most of the time, but not when you deal with regulations such as these because we had a huge volume of inquiry. The noble Baroness, Lady Donaghy, who is on the committee with me, will testify to that. Certainly in all the years I have served with the noble Lord, Lord Cunningham, and before that with my noble friend Lord Trefgarne, there has never been the volume of outside representation that we received on this occasion. There was some from those who the noble Baroness, Lady Deech, and the noble Lord, Lord Storey, would say are mad, bad and dangerous to know, and there were certainly some people who had a write-around—you could see that they were all part of a group writing around—but among the more than 400 contributors there were people who had serious concerns, and it would not be right for us to ride roughshod over them in the interests of not addressing their concerns fairly.

If we work on the basis that understanding conquers all, what I learned from our discussions and from reading those particular representations was the difficulty people have in distinguishing between relationships education and relationships and sex education. It is proposed that the first is taught throughout the time a child is at school. Children can be withdrawn from relationships and sex education at the parents’ behest at any time until the end of primary school, and then during secondary education parents have some rights until three terms before the child is 16, and then after that the school is much more pre-eminent in its ability to decide what is right for the child. Those who wrote in to the committee felt that it is not who is being taught but what is being taught that concerns them. This takes me back to the point about the difference between relationships education and relationships and sex education. As the right reverend Prelate the Bishop of Durham pointed out, there is concern among those who feel this way—and their concerns need to be addressed—that the two will morph into each other, and that is why I hope that the Minister when he replies will take up the point made in our paragraph 28:

“The House may wish to ask the Minister for a fuller explanation of the interrelationship between these two subject areas”.


That is a fair point that was put to the committee by very many people.

The second point where the Government can reassure those who have concerns is about consultation with parents. We dealt with that quite extensively in paragraphs 19 and 20. As a subset of that, we need to learn from what has gone well and to obtain feedback so that those who are not immediately at one with the majority of the House this afternoon can see that their concerns are being addressed and thought about, without us losing the essential point that we now need to move forward on the basis that the Government propose.

Higher Education and Research Bill

Lord Liddle Excerpts
Baroness Wolf of Dulwich Portrait Baroness Wolf of Dulwich
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My Lords, I have one amendment in this group, which is a very small amendment in that it asks that one word be substituted for another. But if I read out the original clause, it may be evident why this is really quite important. I am very much in sympathy with what the noble Lord, Lord Lucas, said about keeping an eye on the fees that people charge.

The original Clause 61(2) reads:

“The amount of a fee payable by a registered higher education provider under this section may be calculated by reference to costs incurred, or to be incurred”—


so you do not even have to incur it yet—

“by the body in the performance by the body of any of its functions under this Act which are unconnected with the provider”.

My amendment would replace “unconnected” with “connected”. This is quite typical of a number of statements in the Bill to which amendments have been tabled already; it implies a degree of freedom for the regulator or designated body to impose fees of any sort or level, without any requirement that the necessity or even the link to the provider being charged be demonstrated.

It would be entirely possible for the Government, without losing sight of any of their major objectives, to go through the Bill and change these extraordinarily open-ended invitations to levy a charge for something that we know not what. It starts to sound something like the South Sea bubble. With a regulator or an official body, it is very important that the nature of fees, like the nature of information, be very clear, and that there is not an ambiguity in the legislation about the ability of organisations that rest on statute to be able to levy charges that are not in any sense proportionate to the activities or what is required of the individual provider. I would be very grateful if the Minister could come back to us on that.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, the amendments in my name are relevant to the points that the noble Baroness, Lady Wolf, has just made. I am concerned with the scope that the OfS has to levy charges on the sector; effectively, it is a provision to tax the sector for unlimited purposes, which are not clear, and there needs to be some mechanism of control and full consultation on any proposed charges. Just as regulators impose limits on rises in fees on institutions in line with the cost of living, similarly the regulators should be under an obligation to try not to put up their charges on the sector above the rate of increase that universities can themselves charge.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern
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I think that I am right in saying that some years ago it was decided that a statutory authority did not have power to charge fees unless it was expressly conferred on the body in question. As the noble Baroness said, this is the authority for this fee, so it is exceedingly important that we see that the authority is limited to what it ought to refer to. How exactly it should be dealt with in relation to unconnected matters strikes me as a little strange. I cannot see exactly why something completely unconnected should be regarded as something on which you can reasonably charge other people—taxpayers, or people applying for help.

The noble Lord, Lord Watson of Invergowrie, said that there was no reference to employees in this Bill, but I found one—and I found it a little unsatisfactory, and tabled an amendment to deal with it, Amendment 492. In a moment of reflection, he may see it and come to my help.

Higher Education and Research Bill

Lord Liddle Excerpts
Lord Judd Portrait Lord Judd (Lab)
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My Lords, I speak to my Amendment 298A, which is on the Marshalled List. At this stage of the proceedings, as an older Member of this House, I must be allowed to make an observation. We have gone a long way down the road I predicted. We are trying to make the best of this legislation. We are trying to engage in damage limitation, which becomes almost a cause. As an older man, I grieve at how far we have drifted from the concept of a university as an international community of scholars awarding degrees, based on the distinction of the university. This is a sad road we have taken, and we are dealing with the consequences: the commercialisation and marketing of the whole concept of universities and higher education. I have great difficulty in coming to terms with this language of markets and of students as consumers, as distinct from students as contributors to a community of scholars. It is a sad situation, but we are in the situation we are in, and we have to try and make it as acceptable as possible.

Under my last amendment, I talked about fairness, justice, transparency and accountability, and this amendment is about exactly the same theme. I talked previously about decisions not to register or to suspend, and now I want to talk briefly about why it is that there are no rights of appeal against the OfS refusing to authorise providers to grant degrees. Apparently, by this legislation, rights of appeal are allowed only when the OfS decides to vary or revoke such an authorisation. However, the decision to authorise or not in the first place is a significant decision and a significant exercise of power, which will determine whether a provider could enter the market—here I go using the word myself—or not. There seems no justification to deny a right of appeal where the OfS has decided not to grant authorisation.

There must be transparency and accountability. I absolutely understand and relate to the noble Lord, Lord Lucas, when he says that we cannot have institutions below the grade granting degrees. If we go down that road, there will be a temptation for people who are just opportunist money-makers to get into the money-making business by awarding degrees. We know this, so we have to have safeguards—of course I understand that. But I also understand the Minister when, in the logic of his position as he sees it, he says we cannot rule out the possibility that there will be newcomers to the field who will bring something new, fresh and challenging and who ought to be taken very seriously. I understand the logic of that point, and my amendment tries to take that point on board.

We cannot have an alienated public who think that there are high-handed university administrators and regulators, as well as universities themselves, making these strategic decisions without having to explain to those involved, let alone the wider public, why they have come to particular conclusions. Indeed, I can see a case for saying that, if what I advocate comes to pass, it will be a very educative experience for the public, because there will be an explanation of why a particular authorisation cannot be allowed. I think that the amendment and the principles behind it matter, and I am aware that I am becoming a collaborator in damage limitation.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I rise to speak to Amendments 282A and 347B, which stand in my name. I declare an interest as the pro-chancellor of Lancaster University.

I am learning a lot tonight about parliamentary procedure and affirmative resolutions, and about the relationships between independent regulators, Secretaries of State and Ministers, and I congratulate the noble Lord, Lord Lisvane, on carrying out such a good exercise in educating me. The questions posed by these amendments are very important. My noble friend Lord Judd is right: if you are to have a much more liberalised system with free entry, you have to have regulation and procedures so that it operates in a fair way.

The purpose of my amendments is simple. I would like to see the OfS be under a statutory obligation to set out its reasons for all the decisions that it has taken. I would like Parliament, once a year, to be able to debate a report which looks at whether, having set out a common set of principles by which the rules should operate, the regulator sticks with it. I think that that is a necessary addition to the ad hoc business of affirmative statutory instruments, and that it would be a sensible addition to the Bill.

Lord Norton of Louth Portrait Lord Norton of Louth
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My Lords, I have great sympathy with what the noble Lord, Lord Liddle, has just said. On the lead amendment, Amendment 282, which seeks to make such an order subject to the affirmative resolution procedure, I revert to a point that I made a few moments ago. As I read it, the order-making power in subsection (5) would presumably be subject to being prayed against. I would have thought that if any authorisation was revoked, it would be likely to be highly controversial and therefore might well trigger the order being prayed against. However, that would create the same situation, because the revocation would be by the OfS but the defence would have to be by the Minister, who would be somewhat detached from the whole exercise. I am not sure how that is addressed, and I look forward to my noble friend’s comments.

Higher Education and Research Bill

Lord Liddle Excerpts
Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I thank the noble Earl for his point. However, I think it is right that we should be bold and look ahead to bring in the performance-related measures that we have been talking about—the sector has been waiting 20 years for this. We are bringing it in carefully, with some consideration, and I hope the Committee today recognises that there have been a lot of checks and controls in this. I do not think we should stick to the status quo, in which there is no consideration of assessing the performance of universities or teaching. It is very important to be sure that we raise the quality of teaching in this country.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I declare an interest as pro-chancellor of Lancaster University, where we support strongly the principle of the teaching excellence framework. However, what I have found in this debate is that the Minister appears very reluctant to admit that, in any of the excellent speeches that we have heard tonight, good points have been made that are worth him thinking about and coming back to the House on at Report stage. This is disappointing. Does the Minister acknowledge that this might be the reaction of Members all around the Committee, and will he reflect on that?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I will reflect on that. I may not have said it, but I have appreciated the contributions from all noble Lords this afternoon. There have been a number of different angles to this and we had an interesting contribution from the noble Lord, Lord Desai. There is not a conclusive way forward—this is an iterative process—but I must say that, yes, I am listening. We believe that this is the right way forward. Although I have been listening, I will say again that this is a manifesto commitment and we are very keen to take it forward.

Higher Education and Research Bill

Lord Liddle Excerpts
Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I have Amendment 238 in this group. It was proposed by Universities UK and follows on from what the noble Lord, Lord Lucas, has just been saying about equality of treatment. The Higher Education and Research Bill creates three types of registered providers—basic, approved and approved with a fee cap. Universities, as public authorities, are currently subject to the Freedom of Information Act 2000. However, to ensure a level playing field for access to information it is important for all registered providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998 to be subject to the same level of public scrutiny. Schedule 11 to the Bill as currently drafted leaves open what categories of provider should be caught by freedom of information by leaving it to the Secretary of State to specify categories and regulations. If there is the appetite to be more prescriptive, the schedule could adopt the revised new Clause 4A wording as proposed.

Universities are currently subject to the Freedom of Information Act 2000. We propose further consideration be given to whether adherence to the FoI Act should be a condition for initial registration for higher education providers designated for the purpose of student support under Section 22 of the Teaching and Higher Education Act 1998. This new clause would amend the Freedom of Information Act to apply its provisions to all higher education providers designated for the purpose of student support registered with the OfS. This means registered providers eligible for public grant funding and/or access to student loans. I look forward to the Minister’s reply.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I have not thought about this topic before, so I welcome the amendment. On the face of it, I very much agree with what the noble Lord, Lord Lucas, and the noble Baroness, Lady Garden, have said. It seems to me that there is a case for a level playing field in principle. It would be very interesting to know what the Minister regards as the argument against a level playing field on this question. I am relaxed about new entrants to the higher education market. I want to see more diversity and innovation in higher education but, if that is to happen, there will clearly be risks of the Trump University type, as we know from the United States. I do not believe that universities are public sector institutions—they are public institutions—but requiring everybody to be open in their dealings and comply with freedom of information obligations seems highly desirable.

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Viscount Younger of Leckie Portrait Viscount Younger of Leckie (Con)
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My Lords, the Government have given careful consideration to the range of views expressed in response to our 2015 Green Paper in relation to the application of the Freedom of Information Act 2000 to higher education providers. Over 100 consultation responses were received on this issue and, perhaps surprisingly, opinion was divided. The underlying principle behind freedom of information legislation is that people have a right to know about the activities of public authorities. Although not traditionally regarded as public authorities in the wider sense, the Act does currently apply to HEFCE-funded institutions in recognition of the fact that they are in receipt of direct public funding.

In seeking to apply the Freedom of Information Act equally to all registered providers, the effect of the amendment tabled by my noble friend Lord Lucas—and I thank him for that—would either be to remove all higher education providers from the remit of the Act, or impose an additional freedom of information obligation on providers which are not already covered, irrespective of whether they receive direct public funding. This amendment would extend the scope of freedom of information obligations in this case to all registered higher education providers with courses designated for student support.

In the 2015 Green Paper, we considered the application of the Act and the regulatory costs it could impose on higher education providers, some of which may be relatively small organisations. Having considered the views expressed by a range of stakeholders, our decision was, so far as possible, to maintain the status quo by applying freedom of information obligations to those providers who, in future, are eligible to receive direct grant funding from the Office for Students—namely, approved fee-cap providers. As part of our overall principle of risk-based regulation and seeking to reduce regulatory costs and barriers to entry where appropriate, we did not consider that there was a strong case for expanding the scope of the Freedom of Information Act more broadly. We already believe that more higher education providers will be regulated through our reforms.

In this short debate, I wanted to address an interesting question posed by the noble Lord, Lord Liddle, and supported by the noble Lord, Lord Storey. The gist of his question was why the Bill does not seek to provide a level playing field of regulatory obligations. I would like to expand a bit on my answer. The Bill continues a rather different approach, whereby those that receive the most significant funding directly from the public purse are subject to the provisions of the Freedom of Information Act. This is a targeted approach to regulation, imposing requirements on those—

Lord Liddle Portrait Lord Liddle
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I am not trying to be difficult with the noble Lord, but when he talks about direct public funding, does he mean any institution where a student can receive a loan in order to carry out their studies? In my view, when anyone is eligible for a student loan, there is an element of public funding because, as we know, there are going to be write-offs of these loans in the future by the Government. I think this phrase about “direct public funding”, with the greatest respect for the Minister, is a bit of a cop-out.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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It is slightly more complicated than that, and it may be that I should write a letter to clarify this, but there is the funding on the student side that the noble Lord is talking about, the tuition fee, where a private individual is receiving private funding, and on the other side, what we are talking about, funding that comes in the form of a grant to help with the top-up—for example, for a high-cost STEM course. I think it would be good if I wrote a letter of clarification on that. There has been some discussion outside the Chamber on this aspect and it gives me the opportunity to write further on this. Having said all that, there is a bit more I wanted to say about that.

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Lord Liddle Portrait Lord Liddle
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May I add my tuppenceworth in support of the amendments? This seems crucial to the socially progressive innovation in higher education many of us on these Benches would like to see. The truth is that there has not been much attempt to enable people to do courses faster than the standard three or four years. Creating the financial possibility for this to happen would be a very good thing.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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My Lords, I wish to respond to Amendments 119, 120 and 121. The Government are committed to encouraging more accelerated degrees and other flexible provision. Indeed, we stated this in our last manifesto and I hope there will be an element of agreement between us on this.

The Bill will level the playing field for high-quality new entrants, making it easier for new specialist and innovative providers to enter the sector. Accelerated degrees are a particular strength of new and alternative providers, and this will help to ensure that students can access learning in the form that suits them. For example, Buckingham, BPP, Condé Nast College of Fashion and Design and the Greenwich School of Management all offer students the opportunity to complete an honours degree over two years. This means that the student incurs less debt and can enter or re-enter the workforce more quickly.

We are interested in understanding what more we can do to support flexible provision. We carried out a call for evidence in the summer seeking views from providers, students and others. This call for evidence resulted in more than 4,500 responses. A clear majority of these came from individual students and we were delighted to see this level of engagement. Many of the responding students expressed an interest in accelerated degrees, so this is clearly an important issue and the demand seems to be there.

On 20 December 2016, the Government published a summary of the call for evidence. This is a complicated policy area and we are now fully considering the evidence. Let me reassure noble Lords, however, that we are looking carefully at the options to remove barriers to accelerated degrees. While we certainly sympathise with the underlying intention of this amendment, as we continue carefully to consider the key issues, I ask that this amendment be withdrawn.

I move on to the amendments spoken to by my noble friend Lord Lucas. In a very similar approach, they both seek to link funding to academic credits as well as academic years. Again there is considerable sympathy with the issues that are raised here. The Government are committed to improving diversity of provision and to increasing student choice. Supporting students who wish to switch a higher education institution or a course is an important part of our reforms.

We also recognise the importance of part-time study, and this gives me another opportunity to trumpet this aspect of our reforms. There should be no doubt about our intention to promote this side. Studying part-time and later in life can bring enormous benefits for individuals, the economy and employers.

This area is also being considered as part of the call for evidence and is all part of us looking closely at the 4,500 responses. Again, it is complicated and I hope the Committee will indulge me and remember that it requires quite a bit of time to gather all the information. We will do that and return with the response in due course. Overall, the Government are already taking action to address some of the key areas of student choice as well as working to support students and their diverse needs.

I assure the Committee that we are actively considering all options in this area. I hope these warm words will be helpful. As we continue to consider the key issues as highlighted in our call for evidence, I ask that the amendment is withdrawn.

Higher Education and Research Bill

Lord Liddle Excerpts
I hope—and I would like to hear from the Minister—that in the final version of the Bill there will be far more at the top, where the OfS board will look at it, so that everybody will be clear that this is what this institution is about and there is far more about the OfS’s duty to the sector and to the country as a whole, to take a leading role and, above all, to look not just at competition in a narrow sense but at securing genuine, high-quality diversity. I look forward to hearing from the Minister whether the Government are minded to think about this.
Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I declare an interest as pro-chancellor of Lancaster University. I fear that noble Lords may feel that I have worked out my line with the noble Baroness, Lady Wolf, because it is very similar to hers in its thrust.

I am not against competition per se. I am in favour of it. There is a lot of competition in the university sector as it is. My own institution is deeply competitive in trying to recruit students within a group of universities which it sees as its prime competitors. For instance, we have to invest an awful lot in our high-quality management school if we are going to continue to attract the international students who are so important to our income. Let us not pretend that we do not have competition. We have a lot of it. On the whole, at present it is healthy.

If we are to have more competition, it must not be bargain basement competition at the bottom end of the market, trying to erode margins in the cheap-to-teach subjects—let us put it like that—because ultimately that would undermine the viability of the university sector as a whole. Therefore, when we are talking about competition, the duties ought to have a heavy emphasis on innovation. I would like to see more competition in the area of new courses and institutions that reach out to people who have had apprenticeships and give them a ladder of opportunity into degrees. I would like to see more innovation in trying to attract to university people who are bright but have not succeeded in our conventional education system. There is a strong role for innovation but it has to be guided and managed. I would be horrified by the possibility that the OfS should think that competition should override all other considerations.

I do not have a word formula to meet these requirements, but this requires thought. I would like to hear from the Minister whether the Government share the concerns that the noble Baroness, Lady Wolf, and I and others have expressed in this debate, and to hear that they emphatically do not think that the promotion of competition should override other objectives. My noble friend Lord Stevenson spoke to his amendments on having regard to the public interest. I would like to see a provision on having regard to the financial sustainability of the sector as a whole. Such amendments are very important, as we have to have balance on this question.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, I have added my name to amendments in this group as set out by the noble Lords, Lord Stevenson and Lord Lucas, and the noble Baroness, Lady Wolf. I also support Amendment 57, as introduced by my noble friend Lord Addington. They relate to the general duties of the Office for Students and reflect some of the concerns over the unprecedented powers of this new body. We have already addressed the issues in Amendment 41 to do with part-time study and lifelong learning.

Amendment 42 comes from MillionPlus, which is the Association for Modern Universities and has as much interest as anybody in maintaining confidence in the sector, which they have all joined relatively recently, and promoting the reputation which has been hard earned and needs to be protected.

Of the other amendments in the group, Amendment 43 is on the provision of higher education which meets the vocational and professional needs of the students. In the 20 years that I worked for City & Guilds, my work involved linking in with universities, professional bodies and the higher reaches on trying to gain transferability and acceptance for different types of awards. Anything that can be done to try to promote that transferability between types of qualification has to be commended—particularly, I suppose, in view of the degree apprenticeships coming up. Again, recognition of vocational achievement within an academic context there would surely be for the good.

The noble Lord, Lord Stevenson, has introduced amendments on supporting and working with student representatives. As we have addressed previously, if the Office for Students is to live up to its name it would be quite useful if students had something to do with it. Amendment 67 suggests that they could even have current experience of being a student.

The amendments on the financial health and viability of the sector are all self-explanatory and seem good. My last comment is on the right reverend Prelate’s amendment. I entirely agree with the noble Baroness, Lady Wolf, about the importance of diversity and how having providers with a denominational characteristic has to be a good part of the mix that we are trying to promote in higher education.

Higher Education and Research Bill

Lord Liddle Excerpts
Baroness Bakewell Portrait Baroness Bakewell
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My Lords, I speak from my background at Birkbeck University on behalf of a sector that has not had much of a hearing today—I hope it will have a hearing throughout further debate on the Bill—which is that of part-time university study and of lifelong learning. It is my conviction that this is the shape of the future and will bulk far larger than is acknowledged in the future lives of people struggling to qualify and retrain in a population who will need retraining in new skills throughout their lives. Part-time education to university level, which is carried out at Birkbeck, is enormously popular with those who do it but, as the Minister will know, has recently suffered an enormous fall in recruitment. This followed the introduction of student fees, and we are examining reasons why that should be so and seeking to remedy them. We need to include in the essence of the Bill the fact that part-time university study is a valid, important and growing sector.

It is for that reason that I have tabled Amendment 5A, which adds emphasis to Amendment 5 by stating that one of the members of the board should be dedicated to the interests of part-time further education. This is very important because we find that a much higher proportion of the students who graduate from Birkbeck are from disadvantaged backgrounds than from any other university. This plays absolutely into the Government’s intention of increasing access, so they have a very strong motive to facilitate this kind of education, which has not figured very much in all of today’s extensive debate. It deserves a much higher profile and it will reap rewards. It will benefit not simply 18 to 24 year-old students; people are graduating from Birkbeck in their 50s, 60s and 70s with full-scale degrees. They are retraining, they come from every kind of background and they really appreciate the training they get. A dedicated member of the board for further education among part-time students is very much to be desired.

Lord Liddle Portrait Lord Liddle (Lab)
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My Lords, I refer to my interest as pro-chancellor of Lancaster University. I very much regret that I was not here for the earlier debates. The reason was that I was present at the funeral of Lord Taylor of Blackburn, who was for many years deputy pro-chancellor of the university I presently chair and, more significantly, played a very important role in the foundation of the University of Lancaster, one of the Robbins universities. He saw that the creation of these universities enabled the extension of opportunity. We at Lancaster certainly think that that is the job we are doing, because of the high proportion of pupils from state schools we have, at the same time achieving high standards of academic excellence. I put that on record and apologise that I was not here earlier.

I very much support the thrust of what my noble friend Lord Stevenson is driving at in his amendments. If the Office for Students is to exist, it must be composed of people of the highest calibre. It must reflect the full range of concerns in higher education—and I very much agree with the speech that the noble Baroness, Lady Bakewell, has just made about the importance of part-time education. That has been reflected, and it is one of the things that I would like us to do far more of in my own institution.