Higher Education and Research Bill

Duke of Wellington Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 8th March 2017 Lords Chamber

Moved by

[The Duke of Wellington]

62: Clause 26, page 16, line 10, leave out “give ratings” and insert “assess”

[The Duke of Wellington (Con)]

My Lords, I realise that this does not have quite the interest of yesterday’s debate on the withdrawal from the European Union. I declare, as always, my interest as a former chairman of King’s College London.

Clause 26 deals with the quality of teaching in our universities. All universities—and, I am sure, all noble Lords—accept the objective of wishing to continue to raise the standard of teaching in our universities, but the question is whether the metrics or the rating system will achieve that. The purpose of this amendment is simply to delete from the Bill the word “rating”. The teaching excellence framework is under way and will classify each university as gold, silver or bronze.

Times Higher Education recently published a table of universities with the highest international reputation in the world, and in the top 20 are 10 British universities: Imperial College London, Oxford, Cambridge, University College London, the London School of Economics, King’s College London, Edinburgh, Warwick, Glasgow and Manchester. The irony is that, when the ill-named Office for Students publishes its new classifications and some of these very same universities, as expected, are graded silver or bronze—in other words, graded as second or third-class universities—this will be despite their well-deserved reputation in this country and abroad.

The teaching excellence framework, as currently designed, will use ratings and, because Clause 26 requires the use of ratings, it will be legally necessary to continue with them until the next higher education Bill in 20 or 30 years’ time. However, if we change “rating” to “assessment”, a future Minister or “Office for Higher Education”, which I believe would be a better name, will have the option not to use a ratings system. Many noble Lords have voiced concerns and doubts about the gold, silver and bronze grades—as have many involved in, or interested in, higher education.

Ministers argue—indeed, on Monday my noble friend Lord Younger proudly announced—that 299 providers have joined the teaching excellence framework and that it has near-unanimous support. But in fact these providers had no choice. On the website of the University of Warwick, with which I have no connection, the vice-chancellor says that,

“we agree with the fundamental proposition that universities should provide high quality teaching, we don’t believe that TEF will measure that”.

He goes on to say that,

“the Government has us over a barrel. It has linked TEF to fees and potentially our ability to recruit international students. The risks are too high”.

So the Government must understand that there are grave concerns about the teaching excellence framework, about the metrics and about the gold, silver and bronze scheme. My amendment would allow, in the future, a different system of assessing teaching, and I very much hope that the Government will accept it. It is designed to be helpful. I beg to move.

[Lord Blunkett (Lab)]

My Lords, I declare my interests as set out in the register. I shall speak to Amendment 72 in my name and in the names of the noble Baronesses, Lady Garden and Lady Wolf. I thank them for their support and for the work that they have done on the Bill. This is the first time in my life that I have been wedged between a duke and a viscount, and it is appropriate to know my place as a baron in your Lordships’ House.

My interest in the Bill is both as someone who benefited greatly from higher education as a mature student and as someone who has taught and still teaches in higher education and has had a long-standing interest in quality as Secretary of State and beyond. I put on the record that I think that all of us in this House agree that it is right that we drive forward and drive up the quality of teaching and learning in our university sector. It has long been neglected, and the driving force of the research excellence framework has to be matched so that the experience in the classroom, in the lecture theatre and in tutorials can be properly evaluated and given the rating that it really deserves. That brings me to the nub of the Bill.

As the noble Duke, the Duke of Wellington, said, there are real issues about the nature of the metrics being used. The teaching excellence framework could well be undermined by a simple lack of confidence on the part of those who are crucially involved in it, both in teaching and as students receiving that teaching.

I have not spent as much time on this Bill in your Lordships’ House as I would have liked, although I have spoken on a number of occasions. However, I pay tribute to those who have spent and will continue to spend an enormous amount of time on it. I give credit to the Government for the way in which they have listened, reflected on and responded to suggestions so far, which has made a great difference to the quality of the Bill. My noble friend Lord Stevenson and other colleagues have spent hours not only in the Chamber but outside working on the Bill, and liaising and negotiating with the Government and colleagues. That has made a tremendous contribution and I hope that, whatever the irritations of the moment about the capacity of the House of Lords to bring about change in legislation, the Government will continue to want to listen and learn, in particular in relation to the metrics of the TEF.

I have a great deal of time for Chris Husbands, the vice-chancellor of Sheffield Hallam University. He is reviewing the trial of TEF 2, as I understand it is now called, and no doubt he will bring forward positive proposals for change. But if there is no proper way of taking forward that change, what guarantees does anyone have that the process will have a satisfactory outcome? Changing the nature of the way in which the TEF is being taken forward by the Government at the moment, and dealing with concerns about the narrowness of the metrics and about the process of how future change will be dealt with, explains why the amendment includes references to the role of Ministers and of this House and the House of Commons through statutory instruments. Providing for proper transparency and accountability is important; that is why we should have a continuing interest in and concern about what is taking place.

The nub of the amendment is that change must take place in the lecture theatre and through the process of learning, not from outside. It has to be driven by, and created and expanded from, what is taking place, and from spreading best practice in higher education generally. There is a great deal of good practice as well as some extremely shoddy and unacceptable teaching. As the noble Baroness, Lady Wolf, said in our debate on Monday, it is based on the presumption that this is about students. If it is about students, you would expect student bodies to be in favour of the proposals—but they are not. You would expect universities to be universally in favour of them—but they are not.

I just want to refer to the Faustian deal that Universities UK and the old HE body appear to have made with the Government. I have no idea how it came about. Much of what is in the letter sent out last week is highly commendable, but the timing and its presumption that the deal has been done are unworthy of those with the highest academic standards at their fingertips and the best interests of the sector at heart. So let us presume that we have made great progress, although a great deal can still be done. Let us hope that Ministers have the confidence to continue listening and reflecting so that they can bring to bear the wisdom that has been evident both in this House and beyond, and will be prepared to adjust and to deliver something that we all want to see: considerable improvement not only now but in the future so that we can provide the kind of support for teaching that has been evident for research for so long.

--- Later in debate ---

[Viscount Younger of Leckie]

Perhaps I may move on to the NSS, in particular to the amendments spoken to by the noble Lords, Lord Bew and Lord Lipsey. I would like to reassure the House on some of the specific concerns that they have raised about the TEF in today’s debate, and I shall start with the NSS. While we recognise its imperfections—I did listen carefully to the speech of the noble Lord, Lord Lipsey—we consulted with the sector, which echoed the types of remarks made jointly by Professor Anthony Forster, vice-chancellor of the University of Essex, and Professor David Richardson, vice-chancellor of the University of East Anglia, who said:

“The National Student Survey (NSS) provides the most robust and comprehensive basis for capturing students’ views about the quality of their education and student experience”.


As I say, we recognise its drawbacks and we have put in place appropriate safeguards. For example, we use specific questions from the NSS that are directly relevant to teaching, not the overall satisfaction question, about which concern has rightly been raised.

I would also like to use this opportunity to do some further myth-busting about the TEF. First, the TEF is not just about metrics. Providers can give additional qualitative and quantitative evidence to the TEF assessors through their provider submission. My noble friend Lady Eccles alluded to the human element of the TEF, and she was right to do so. Secondly, the metrics are not worth more than the provider submission. The TEF assessors will consider both the metrics and the provider-submission evidence holistically before making a judgment. Thirdly, all assessors get contextual information about the providers they are assessing, including maps reflecting employment in the region and the make-up of the students studying at that provider. Fourthly, although I have made the important point that the metrics are not perfect, they are robust datasets which have been used by the sector for more than 10 years. This means that a TEF rating is not a box-ticking exercise and it is not an equation. It is a rigorous and holistic assessment process that is overseen by one of the sector’s most respected figures, Chris Husbands, vice-chancellor of Sheffield Hallam University. I know that he has been given fulsome praise by many in the House today, including the noble Lord, Lord Blunkett, and my noble friend Lord Lucas.

Highly qualified assessors, vice-chancellors, pro vice-chancellors and other experts in teaching and learning, as well as student and employer representatives, weigh up and test the evidence they receive before reaching a final judgment, which again reflects the human element. The noble Baroness, Lady Wolf, suggested that we should not throw away information. We are not throwing away information. The OfS will publish all the underlying metrics and provider submissions. However, composite measures have value. Why else would the vast majority of universities represented by noble Lords today award their students a specific degree class? We have to think about that.

I remind noble Lords that the Government listened carefully in Committee and made a number of important changes to the TEF in light of the suggestions made by noble Lords. We have slowed the implementation timetable and we have committed to revisit key concerns raised by the House in the lessons-learned exercise. I reiterate that the lessons-learned exercise will consider the following: the way in which the metrics have been used by the TEF assessors; the balance of evidence between core metrics and additional evidence; whether commendations should be introduced for the next round of TEF assessments; and the number and names of the different ratings and their initial impact internationally.

The lessons-learned exercise will survey all participating providers. The Department for Education will also collect feedback from panellists and assessors and involve further desk-based research. I am sure your Lordships will agree that the department has responded to the concerns raised by planning a thorough exercise.

Where we have not made changes we have done so with good reason. Following the Committee stage, we considered carefully the suggestion made by the noble Baroness, Lady Garden, that all those in universities must have a teaching qualification. However, such a requirement would fly in the face of the points that noble Lords have made about institutional autonomy. Indeed, the amendment agreed by noble Lords on Monday covers the freedom of English higher education providers to determine the selection and appointment of academic staff.

The amendments in this group challenge the fundamental nature of the TEF. The words in the manifesto were carefully chosen to echo the way that the REF is described. It said that the Conservative Government would,

“introduce a framework to recognise universities offering the highest teaching quality”.

A framework that allows only for a pass or fail assessment offers no gradients. A framework that offers no opportunity to recognise the highest teaching quality simply does not meet the Conservative commitment. I do not want noble Lords to misinterpret these amendments as offering constructive tweaks. They strike at the very foundations of what we want to achieve.

However, I reassure noble Lords that the Government remain committed to developing the TEF iteratively and working with noble Lords to do so. Developing the framework to date has involved two formal consultations and thousands of hours of discussions with the sector and with students, and we have only just begun. Universities UK has offered to engage with any noble Lord who wishes to provide input into its feedback to the department as part of this lessons-learned activity.

Many of the concerns we have heard throughout the course of the Bill were made in the early days of the research excellence framework introduced by a Conservative Government more than 30 years ago. We are still iterating that framework now. The noble Lord, Lord Bew, suggested that the REF was bureaucratic and encouraged gaming. We have designed something substantially less bureaucratic than the REF and have put in a number of safeguards at every stage to prevent gaming. I am sure the noble Lord has read the fact sheets, which I hope help him with his view on that.

The TEF has already started to change sector behaviour for the better and, given the same opportunities as the REF, will propel the quality of higher education teaching to new heights. I hope that this House will be able to look back 30 years from now with pride at what the TEF has achieved. I ask that the amendment be withdrawn.

[The Duke of Wellington]

My Lords, I am grateful to all noble Lords who have participated in this debate about various amendments. Every noble Lord who has spoken has criticised the gold, silver and bronze proposal. The Minister said that it will be reviewed after a year. However, Clause 26 requires a system of rating, and the spirit of my amendment was to delete the word “rating” and put in “assessment”. If the Government had been prepared to accept my amendment—I regret that they did not—it would have drawn the teeth of much of the opposition in this House to Clause 26. Other amendments go much further than mine. Therefore, sadly, I hereby beg leave to withdraw Amendment 62.

Amendment 62 withdrawn.