Education
Debate between Chris Skidmore and Gordon Marsden(4 years, 11 months ago)
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Chris Skidmore
I thank hon. Members for participating in this debate. I shall try to respond briefly to the points that have been raised.
I thank the hon. Member for Motherwell and Wishaw (Marion Fellows) for her remarks on the Scottish system. I will be heading to Scotland in early June and will endeavour to focus also on some of the issues of widening participation. I have regular meetings with the Scottish Minister for Further Education, Higher Education and Science, Richard Lochhead. On the points that the hon. Lady raised about research, I know that we are going a bit off piste in relation to the statutory instrument before us, but I reiterate my commitment to ensuring that we maintain our common research links with our European partners. When I was in Berlin, speaking at the “Going Global” conference hosted by the British Council, I met Minister Karliczek, Federal Minister of Educational Research, and had meetings with the Fraunhofer and Max Planck research organisations to make that commitment.
Regarding our association with such future programmes as Horizon Europe, yesterday the Government published our international research and innovation strategy, making clear our commitment to being outward-facing and ensuring that we continue to endeavour to have strong global research links.
On tier 4 visas—the hon. Lady will be aware that the Home Secretary is sitting beside me—we must remember that researchers from international countries are still able to come to the United Kingdom. We recently launched the first Future Leaders Fellowships programme, £900 million of investment in 550 international fellowships, which has seen people from Japan to Canada coming to the UK. We recognise there are issues relating to visas that need to be looked at as part of the consultation for the immigration White Paper, but issues around tier 4 visas have not prevented existing international researchers from being able to participate in UK research life.
Turning to the points made by the hon. Member for Blackpool South (Gordon Marsden), on the amendment to schedule 3 of the Charities Act 2011, which sets out that charities are exempt from registration with and direct regulation by the Charity Commission for England and Wales, HEFCE was the principal regulator for HE providers that were exempt charities under the existing schedule 3 of the 2011 Act, and the OfS was made principal regulator for higher education under the earlier consequential and transitional regulation which came into force on 1 April 2018. The amendments to schedule 3 require that currently exempt HE charities remain registered with the OfS to continue to hold exempt status and provide the opportunity for any provider registered with the OfS to be exempt by applying to the Privy Council. That will mean that exempt charities registered with HE providers will not have to register with or make returns with the Charity Commission, but will instead report to the OfS as principal regulator.
The amendments have been made with the intention to reduce the administrative and regulatory burden on charities and ensure that the OfS has a sufficient regulatory relationship with the relevant exempt charities to be an effective principal regulator. The amendment to the Charities Act made the removal of exempt status automatic upon deregistration, so no action is actually required by the OfS. The OfS can deregister a provider only if certain conditions are met. That covers both conditions on registration, and consideration of the denial of an access and participation plan.[Official Report, 4 June 2019, Vol. 661, c. 1MC.]
On the impact assessment, the regulations contain two sets of saving provisions. The first deal with the applications made for university title that were made before 1 April 2019. The second type of saving provisions relate to the repeal of a particular statutory provision under which so-called designation orders were made. Those orders designated certain providers as higher education institutions. There are a number of references and regulations governing teachers’ pension schemes and local government schemes to designated institutions. If we do not preserve the orders for those very narrow purposes, future staff’s eligibility for the schemes will be lost, so there are benefits in ensuring that staff have access to those pension schemes.
The entire purpose of the consequential saving provisions is to preserve the intention and scope of the underlying legislation in the context of the changes brought about by HERA. We therefore do not anticipate any additional regulatory burden as a result of the regulations. As I said in my opening speech, the main purpose of the consequential amendments is to minimise the risk of chaos and disruption to students, staff and providers. The hon. Gentleman mentioned the SLSC asking for clarity on a few of the provisions in the regulations. I understand that it often does so as part of the scrutiny process and we will respond in due course.
The hon. Gentleman focused on the risks around data sharing in relation to regulation 14 and schedule 8 to the Digital Economy Act 2017. Schedule 8 allows bodies named in it to disclose information to each other for the purposes of taking action in connection with fraud perpetrated against a public authority. The amendments replace Innovate UK and existing research councils with references to UKRI, HEFCE and the OfS, because HEFCE has been abolished, and Innovate UK and the research councils have been incorporated into UKRI. If we do not make the amendment, the OfS will not be able to make or receive fraud-related disclosures envisaged under the Act. There would also be ambiguity as to whether disclosures could be made or received by relevant constituent parts of UKRI.
Separately, regulations 28 and 32 amend the Education (Information About Children in Alternative Provision) (England) Regulations 2007 and the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009. The provision requires institutions that are not schools in receipt of funding from the Department for Education to provide certain pupil information to the Secretary of State and other bodies, including HEFCE. The amendment will substitute OfS for HEFCE, as HEFCE no longer exists. That is the same for regulation 32.[Official Report, 4 June 2019, Vol. 661, c. 2MC.]
It is important to state on record that we need data sharing to track pupils to ensure, when it comes to improving the position of disadvantaged students and students in widening participation categories, the data is available.
Gordon Marsden
I appreciate the detailed explanation of the technical reasons for the changes and I have no wish to prolong the debate unduly, but the thrust of my remarks was to express our continued concerns about the inadequacy of the protections in this area. Will the Minister give the House an assurance today that he is confident the status quo in terms of the safeguards will in fact do the business, given that we and other bodies have raised substantial concerns about the current procedures?
Chris Skidmore
The section 3 regulations the hon. Gentleman mentioned in his earlier contribution were debated at the time of the regulations. The consequential provisions substitute the OfS for HEFCE. I will put on record that the Department takes its obligations under data protection laws very seriously. There is a panel that assesses each sharing request for public benefit, proportionality, the legal underpinning, and strict information security standards. I reiterate that no data sharing will take place without the Department ensuring that those measures are taken into account.
That takes us to the wider issue of the OfS being part of the regulators code and the application of that code meeting the commitment the Government made during the passage of the Act. In addition to the matters the OfS must have to regard to under HERA are the five principles of good regulation under the regulators code. It is worth putting them on record: the regulator should carry out activities in a way that supports those it regulates to comply and grow; regulators should provide simple and straightforward ways to engage with those they regulate and hear their views; regulators should base their regulatory activities on risk; regulators should share information about compliance and risk; and regulators should ensure clear information, guidance and advice is available to help those they regulate to meet their responsibilities to comply. The opportunity for the OfS to be a part of the regulators code is an additional indication of the responsibilities that the OfS takes its new role very seriously.
If I had longer I would go through the importance of why we are debating the regulations. As Universities Minister, I am delighted they have reached the Floor of the House rather than Committee Corridor. I believe this marks a significant moment in the reforms that began way back with the first Green Paper in 2015, all the way through to the final provisions of the Act being put in place. We have seen a shift from a provider-focused system to a student-focused system. We have seen a system that will now move to focusing on how we can best ensure we have value for money for students and deliver the best student experience. We can ensure that new providers, including FE providers, are able to enter the market.
When addressing the Education Committee this morning, we spoke at length about how we can ensure that FE and HE providers have greater opportunities to work together. One important part of the regulations is ensuring that FE providers will be able to have degree-awarding powers and apply to a much more streamlined system through the OfS. My ambition and long-term hope is that it will allow FE providers to have degree-awarding powers, rather than going through the rather complex and nuanced current franchising route. That will ensure we create a single system for a post-18 education world that benefits students, so they understand their role in the education system.
Question put and agreed to.
Resolved,
That the draft Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019, which were laid before this House on 29 April, be approved.
House of Commons Commission
Resolved,
That Pete Wishart be appointed to the House of Commons Commission in place of Stewart Hosie in pursuance of the House of Commons Administration Act 1978, as amended.—(Jo Churchill.)
Draft Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019
Debate between Chris Skidmore and Gordon Marsden(5 years ago)
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Chris Skidmore
I thank hon. Members for their participation in the debate. The hon. Member for Blackpool South said he wanted to probe me properly, and indeed he did. I was also suitably amended by my hon. Friend the Member for Orpington. I will touch on some of the points raised and valuable contributions made.
It is important to repeat that the OfS can use the statutory power to sanction a provider only when it appears that there is or has been a breach of that provider’s ongoing registration conditions. Before that, as well as imposing monetary penalties as a last resort, the OfS may suspend a provider’s registration entirely or, for specified purposes, deregister a provider. In the case of a provider breaching an access and participation plan, it may refuse to renew that plan.
In addition to those formal sanctions, the OfS has other regulatory interventions available to it, which it is already using, such as enhanced monitoring of providers and the ability to impose specific ongoing registration conditions. Those less formal interventions may be used instead of or in addition to sanctions to address the specific risk presented by a provider. They may also be used when a registered provider is at risk of but has not yet breached an ongoing registration condition.
My right hon. and learned Friend the Member for North East Hertfordshire asked about monetary penalties and the amounts expected to be raised; this also touches on the overall impact assessment. We hope that such penalties will be used very much as a last resort when all other measures have failed. We do not expect this to be a revenue-generating exercise. Money from monetary penalties as well as income derived from its interest is required by HERA to go back to Her Majesty’s Treasury’s Consolidated Fund. That prevents the OfS from imposing penalties or charging interest to raise income, or of being accused of doing so. The OfS will account for all penalty income separately from its existing funds. It is important to put that on the record.
The hon. Member for Blackpool South touched on the processes of engagement. It will be for the OfS to work with providers on the implications for students and prospective students of refusing to renew an access and participation plan, as referenced in regulation 5. It is also legally required to have regard to those mandatory factors when deciding to impose a monetary penalty. At the risk of repeating myself, when making a decision it will need to have regard to its regulatory framework, its duties under HERA, and section 2(1) in particular, the regulators’ code and any Secretary of State guidance.
On Secretary of State guidance—this touches on the point made by the hon. Gentleman about the relationship between the Department and the OfS—it is important to note that the Secretary of State issues annual guidance but has the ability to update that guidance at any point. As Universities Minister, I have a regular monthly meeting with the chief executive of the OfS to talk about specific issues that might be coming up on the agenda that require a discussion between the Department and the OfS.
The OfS must also comply with the principles of administrative law, such as reasonableness and taking into account relevant considerations while discarding irrelevant ones. I will come on to legal processes in a moment. The OfS must also follow the procedures in schedule 3 to HERA when informing the provider of its intention to propose a penalty and the reasons for that decision. Importantly, that allows the provider to make representations before the penalty is imposed. The OfS will therefore need to be transparent about how it has balanced those mandatory factors and other considerations, such as the individual circumstances, to determine the final monetary penalty amount, if indeed it has gone down that route.
The provider can also appeal a decision to impose a penalty, or the amount, to the first-tier tribunal of the Health, Education and Social Care Chamber, which is part of the court system of the United Kingdom. The provider’s appeal can be on either the decision to impose the penalty or the amount, on the basis that the decision was based on a factual error, was wrong in law or was unreasonable.
The regulations include provisions to review decisions by the OfS to refuse to renew an access and participation plan. Since 2004, providers have been able to seek a review of such a decision. No such review has ever taken place. A new statutory reviewer was appointed as part of HERA 2017. Given the significant impact on a provider of a plan being refused—the provider cannot charge higher-level fees—it is right that providers have the opportunity to have such a refusal tested through an independent review.
The hon. Member for Blackpool South mentioned Universities UK. I, too, am keen to reflect on any of its concerns, ongoing or otherwise. I am assured that the OfS has considered the risk in developing arrangements for future access and participation plans. That has been subject to consultation with providers, and is being implemented for 2020-21.
A veritable feast of specific points came up that I could be tempted down the route of addressing. My hon. Friend the Member for Orpington raised Philip Augar’s report. Hand on heart, I have not read it, as I said on Sky News yesterday. I wish to make it clear to the Committee that I have not seen the report, which will be published in due course. I understand my hon. Friend’s frustration, and that he wishes to engage with whatever recommendations come out of it. However, he will be well aware that it is just one part of the overall post-18 review.
There has been additional work on the level 4 and 5 consultation that is taking place. I think there has also been some work by PricewaterhouseCoopers, looking at how much a degree actually costs a university. Whenever the report is finally published, I am keen to ensure that we engage and work with the sector.
Gordon Marsden
The Minister is being extremely helpful, and I do not wish to detain him from being so, but he referred to the report being published. Does that mean that it will be published for public or stakeholder perusal before the Government give their response?
Chris Skidmore
I am unable to comment on decisions that may yet have to be taken. I expect a report of this magnitude to be published and, when it is, I am keen to ensure that the sector—as I have said to it—has the opportunity to engage with the report and its consequences. I am on record on specific issues and rumours. I will not prejudge the contents of the report.
Higher Education (Registration Fees) (England) Regulations 2019
Debate between Chris Skidmore and Gordon Marsden(5 years ago)
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Chris Skidmore
It is important, because this is about the scope of the OfS. Our debate today has focused simply on the financial role of the OfS in regulating universities. It also has a role in promoting access and diversity, to ensure that all students have the opportunity and the freedom to study. That work is not some spread of a quango, as the hon. Member for City of Durham said; it is really important work. We should be able to look at how we ensure that hate crime is addressed effectively and that we adopt a collaborative approach. The OfS as a body provides a national focus to ensure that these measures are taken forward constructively.
When it comes to the development of the OfS, I urge all Committee members to support it and look at its work in universities in their region, because it is an important organisation that will benefit students, and not just by providing best value for their courses. We can talk about the cost of the registration fees; I think the OfS will pay back the cost of the registration fees to the universities more, and not just in kind, but by being able to look at what is an incredible value-for-money argument.
It is important that we work to ensure that the OfS can continue to develop its plans for the future. I have already helped to sign off the access and participation plans framework guidance for the OfS this year. I am keen to ensure that we work on developing that for next year and the years after and on ensuring a positive relationship with the sector.
Oral Answers to Questions
Debate between Chris Skidmore and Gordon Marsden(5 years ago)
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Chris Skidmore
I recognise the point that the hon. Gentleman makes and the potential impact on Scottish universities, as does the Home Secretary, whose officials have been working closely with mine on this. The Government are now considering how best to ensure that students on four-year courses are easily able to move into the student system once their European temporary leave to remain expires. If European economic area or Swiss citizens wish to stay in the UK for longer than 36 months, they will need to apply and qualify for an immigration status under the main study routes of the UK’s new skills-based immigration system. Alternatively, they will be able to apply, under tier 4 of the points-based system, for a student visa to cover the full length of their course.
Gordon Marsden (Blackpool South) (Lab)
Our higher education institutions—including the Open University, which celebrates its 50th anniversary this month—are world class, but sadly, despite what the Minister says, the Government are letting those universities down. They are not giving clarity at the moment over access to Erasmus+, they are not guaranteeing continued access to Horizon Europe funding and there are fears over research grant collaboration with EU partners.
Now there are reports that the Government are preparing to charge EU students—[Interruption] Stop chuntering!—who currently pay UK fees, a hugely increased international rate, and to scrap their support when we leave the EU, with or without a deal. The Minister is wrong: statistics from the Russell Group show that EU student numbers are 3% down, and EU postgraduate numbers are 9% down for 2018-19. The Education Secretary is said to be pushing this forward. Does the universities Minister agree with it, and is it Government policy?
Chris Skidmore
The hon. Gentleman talks about uncertainty, but it is uncertainty that he himself has created, as one of the Members who has not voted for a deal, which would have provided certainty on student mobility and student finance. The deal, if passed, will allow us to begin work on a future relationship that ensures that we can work together, with our universities sector and with our European partners. Although we are leaving the European Union, we are not leaving our European neighbours behind. We want to continue those close partnerships, which is why I have been in Brussels attending the European Competitiveness Council—I hope to do so again on 28 May—to ensure that we can associate into Horizon Europe. I want to continue to work on the possibilities for student exchanges. It is important that we maintain our university system not just as a European one but as an international one as well.
Draft Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2018
Debate between Chris Skidmore and Gordon Marsden(5 years, 3 months ago)
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Chris Skidmore
I will come to the hon. Gentleman’s heckle in a moment. I wanted to start on a point of agreement, which is that Members on both sides of the Committee share the ambition that we can and must do more for post-18 education. As for the regulations—the point on which the hon. Gentleman heckled—increasing the cost of fees by 20% must be seen in the round: this is a saving of £5,500 for a two-year degree as opposed to fees for a three-year degree. It is a saving of one year, or £7,500, on living costs and, crucially, potentially a gain of up to £19,000 of annual earnings if that student is able to access the workplace early. I stress that this is not a silver bullet. It is not the only part of a strategy that must deliver for students in higher education; it is opening up a menu of options that we hope to develop.
The shadow Minister talked about access for disadvantaged students. The Government want to ensure that the most disadvantaged students are able to access this provision. Our consultation on accelerated degree proposals asked higher education providers specifically about access arrangements, and 74% responded that they wanted accelerated degrees to be treated the same as any other higher course fees for the purpose of access. We have seen a revolution in the amount of funds spent on access and participation over the past four or five years, from £440 million to £860 million. We must look at how we can invest to ensure that we open those routes for the most disadvantaged students.
Gordon Marsden
I appreciate that I spoke at some length. Access and participation are absolutely crucial, but one question is whether the money is spent well in the first place. I am sure the Minister will look at that. He also talks about the financial details and all the rest of it. The truth of the matter is that many people, particularly adult students, for perfectly good reasons will not sit down with a three-year prospectus but will ask themselves what they can afford that year. That is the crux of it, and that is why we are concerned that this 20% increase will nudge people away from participating, rather than nudging them towards it.
Chris Skidmore
I politely disagree with the hon. Gentleman on discouraging access. The figures demonstrate that, when students have been asked about potential two-year degree routes—in the context of saving over an envelope of two years instead of three—60% responded that they would have considered it had it been on offer. It is important that we allow an opportunity for this course provision to be established. We are not forcing universities or HE providers to offer accelerated degrees as an option. We are just ensuring that we can incentivise it for the future.
Oral Answers to Questions
Debate between Chris Skidmore and Gordon Marsden(5 years, 4 months ago)
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Chris Skidmore
Students who started their courses in the current academic year have had access to the highest ever funding levels to support their living costs. We now have a system of support that targets those from the lowest-income families, who need it the most. A record number of 18-year-olds from disadvantaged backgrounds went to university this year, 68% more than in 2009.[Official Report, 20 December 2018, Vol. 651, c. 6MC.]
Gordon Marsden (Blackpool South) (Lab)
As a fellow historian, I warmly congratulate the Minister on his appointment, although I am afraid that he arrives to a perfect storm for students, battered by high tuition fees and extortionate interest, with evidence now piling up from freedom of information requests—the latest in The Huffington Post report that my hon. Friend the Member for Manchester, Gorton (Afzal Khan) has just referred to—that many are unable to cope with spiralling accommodation costs in London and other cities. Yet recent questions I put to the Department on what it is doing about this got the answer that it was not a Government issue. On the day we are told that the London Business School head gets a half a million pound a year package, is it not appalling that students at his and other HE institutions are being brushed off like this? Will the Minister make this a priority for his in-tray?
Chris Skidmore
The hon. Gentleman and I have a mutual interest in history, particularly the reign of Henry VII, and I hope that we can continue to be civil in our conversations on HE funding, but I reiterate on the loan package that we have seen not only a 10.3% increase compared with the previous grant system in 2016-17 but in November a further 2.8% increase, which means there is currently a maximum loan of £8,944. On accommodation costs, I am interested in looking in particular at the private rented sector. We have been working with the British Property Federation to develop advice on protocols that will encourage collaborative working between universities and private providers. I do want to go further and I hope that we can work together to look at this issue.
Oral Answers to Questions
Debate between Chris Skidmore and Gordon Marsden(7 years, 1 month ago)
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Chris Skidmore
When it comes to the voter registration process, I am delighted that the Electoral Commission reported last week that we now have a record 47.3 million people on the register. Our democracy is more engaged than ever before. We have had 24 million applications online using the national insurance number, but, as I have said, there are alternatives for those who do not have national insurance numbers, including the attestation process, which works very effectively.
Gordon Marsden (Blackpool South) (Lab)
Gordon Marsden
The House of Lords has amended the Higher Education and Research Bill to ensure that HE institutions give their students the option to go on the electoral register. What will the Minister do to assist that process as statistics suggest that only 13% of students are registered at present? It would save both them and councils money.
The Parliamentary Secretary, Cabinet Office (Chris Skidmore)
As I stated in an earlier answer, I met Baroness Royall to discuss her amendment. I am committed to ensuring that more students are able to register easily, which will save money for electoral registration officers. I am working on looking at this process. The Cabinet Office funded the pilot in Sheffield in the first place, and we are determined to ensure that we carry on this work.