Higher Education and Research Bill

Lord Stevenson of Balmacara Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I rise briefly to support my noble friend Lord Norton’s amendment, which would be the ideal. Certainly, we have to move away from where we are in this. I do not find the idea of validation by the OfS satisfactory, with all its conflicts of interest, but universities which set and mark their own degrees are used to that sort of conflict. This sector seems plagued with such conflicts, but I would rather do without them. We have to get to a point where universities acting as validators are not permitted and are in some way controlled by the OfS—if we do not have the arrangement that my noble friend proposes—so that they do not indulge in competitive behaviour in the way that they have in the past. It is an extremely unsatisfactory process at the moment. Validation can last for three years only. That is not in the interests of students. They must have longer-term arrangements with the universities and the universities must be held to them, if that is what we are to go on with.

One can look at examples such as the London College of International Business Studies—a 150 year-old institution, one way and another—which has its degrees validated in Switzerland. It has gone to the altar three times with UK universities, each time being left in the lurch, although it got a QAA pass in the course of one of them. It is now engaged to the Open University and has high hopes of it. I wish it good fortune, but that is not a fair way of asking an organisation to get degree-awarding powers. There has to be good behaviour and consistent behaviour on behalf of the universities.

We also need to solve the problem facing Cordon Bleu. It is an institution operating in 20 countries, awarding degrees in most of them, and extremely highly respected. It cannot come to the UK because, under the validation arrangements currently in place, the validating institution gets a complete licence to use the validatee’s IP to do whatever it wants. Indeed, we have seen one of Cordon Bleu’s competitors pillaged in that way by a UK university. All its IP was taken and used to run that university’s own degrees. That cannot be permitted as a relationship between someone seeking validation and someone offering it.

Whatever we do, we must improve where we are. I am not particularly impressed by what is in the Bill at the moment, but I very much hope that between us we can reach something that will support the entrance of good organisations to degree-awarding in this country in a way that takes account of their quality and the good reasons that they have for thinking they might be allowed to award degrees. However, as others have said, the legislation must absolutely protect the reputation of degrees in this country. We cannot have a situation where substandard organisations get to award degrees.

[Lord Stevenson of Balmacara (Lab)]

My Lords, this has been a very interesting debate. It has shone a light in strange places that I did not think we would ever get to. As a not very good Scottish Calvinist, I am probably the least able to contribute to the debates that were organised by my noble friend Lord Murphy and the right reverend Prelate. However, they make good points and I hope the Minister will be able to help to move that debate forward.

I do not like the idea that my noble friend Lord Murphy’s institutions have to act illegally but be forgiven in the courts when they are finally taken account of. We should get ahead of the game and try to sort this out.

We started with the question of how research awards needed to be done jointly between UKRI and the OfS, if that is the body. This is something we will come back to, so it is no disrespect to say that we need not spend too much time on it now, particularly as the principal proposers of Amendment 509 are missing, in one case because of fog and in the other, I think, because of Cambridge. I cannot remember which is which—your Lordships can probably guess. It is therefore probably better if we pick that up when we come back.

That leaves the central issue posed by the noble Lord, Lord Kerslake, which is how we can find a structure in a system that has institutions of the highest quality by all accounts that can provide the assurance, support and effective answers to any of the questions raised by new challenger institutions, without those challenger institutions feeling that their operations and ways of working will be squished in some sort of force majeure that will be offered by the established club.

The amendments are very interesting. The words that have been used to attack the concept of probationary degrees need nothing further from me; I think that is right. That is not the way the Government should go on this. We are looking at a way of making sure that the quality assessment—the ability to come to an enduring decision about an institution that wishes to seek degree-awarding powers—is done in a way that reflects its ability to fulfil the necessary requirements in terms of capacity, financial security, academic capacity and the rest, but does not interpose somebody else’s view about what the institution should be doing on top of that.

The right reverend Prelate suggested that some of the stuff he was talking about had been going on since 1533. That puts in perspective people’s worries about a four-year period during which tests are made of whether institutions coming into the system are able to cope. Certainly, my discussions, which were mentioned by others, suggested that people who had been through that process found it valuable, so it would be very stupid to throw it away without further consideration.

I went down memory lane with the noble Lord, Lord Norton of Louth, because I started my career in academic administration with CNAA. It was bureaucratic and a little heavy-handed but it worked very effectively. It is interesting that the final vestiges of CNAA still exist in the Open University. Maybe that is where we might want to look, as a future amendment suggests, before we start trying to create something that will not stand the test of time or advance higher education in the UK, and may indeed cause problems, many of which have been raised in this short debate.

[Viscount Younger of Leckie (Con)]

I am grateful to the noble Lords for the opportunity to speak to this important group of amendments. Once again, I acknowledge the experience of noble Lords who have contributed to this short debate, including my noble friend Lord Norton, who has chaired the Higher Education Commission.

It is vital that the OfS and UKRI are empowered to work together. Hence, Clause 106 ensures that the two organisations can co-operate and share information in relation to any of their functions, including granting research degree-awarding powers. UKRI will play a key role in developing research degree-awarding powers’ criteria and guidance, including for postgraduate research degrees, and it will work closely with the OfS to design the process for assessing applications and in its operation. We will make this explicit in the published government guidance on degree-awarding powers. The Secretary of State will also have powers to require this co-operation to take place if the OfS and UKRI do not do so of their own accord. UKRI will be responsible for all research funding, including postgraduate research. It will support postgraduate training and doctorates, as the research councils do now.

I do not agree that legislation is the right route to formalise the detail, due to the risk of unintended consequences. Instead, a memorandum of understanding between the OfS and UKRI will be produced. This will provide detail on how oversight of the sector’s interests as a whole will be maintained, including how the two bodies will work together in respect of postgraduates.

Turning to the amendments relating to the OfS granting time-limited or probationary degree-awarding powers, the current system has protected quality successfully and, as I hope I made clear in my earlier remarks, we are not proposing a complete overhaul. Reference has been made to factsheets, and we have set this out in more detail on a factsheet specifically on degree-awarding powers and university title, which we published last week. I hope noble Lords have found it helpful.

However, I make it clear that this does not mean we should be satisfied with the status quo. Under the current regime, new and innovative providers have to wait until they have developed a track record before operating as degree-awarding bodies in their own right, no matter how good their offer is or how much academic expertise they have. To develop that track record, they are usually reliant on finding another institution to validate their provision and must negotiate a validation agreement, which can be one-sided and sometimes prohibitively expensive. My noble friend Lord Lucas asked about validation arrangements. I agree with his points about the problems with validation. We will come to that in more detail in a later debate, so I hope he has some patience for that.

We strongly believe that the sector needs to have at its heart informed student choice and competition among high-quality institutions. This incentivises institutions to raise their game, with the potential to offer students a greater choice of more innovative and better-quality courses. The noble Lord, Lord Kerslake, claimed that the shift to full-time undergraduate degrees was not due to validation and a lack of innovation. I quote to him Paul Kirkham, who he may know is vice-chair of Independent Higher Education:

“I can see essentially only one ‘product’ in the higher education world that has real currency—the three year, full-time, on-campus undergraduate university degree, almost exclusively priced at a single point. This is a high cost and inflexible approach that, with in excess of 50% of the population wishing to engage, cannot be the only solution”.


Our plans for probationary degree-awarding powers mean that high-quality providers do not need to rely on incumbents and can be permitted to award degrees in their own name from the start—subject to close supervision.

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Moved by

[Lord Stevenson of Balmacara]

276: After Clause 41, insert the following new Clause—
“Automatic review of authorisation
(1) The OfS must consider whether to vary or revoke an authorisation given under section 40(1)—(a) if the ownership of the registered provider is transferred,(b) if the owner of the registered provider has restrictions placed on its degree-awarding powers in relation to another registered provider under its control or ownership, or(c) for any other reason considered to be in the interest of students enrolled at the institution or the public.(2) A decision taken under subsection (1) to vary or revoke an authorisation shall be carried out in accordance with section 43.”

[Lord Stevenson of Balmacara]

My Lords, I can be quite brief. This is a bit of a fishing expedition—I am sorry, I should recall that: it is a probing amendment. The point of it is that we have to anticipate how new providers will enter the market and what sort of form and format they will take. This is not an acknowledgement going back to the question asked by the noble Baroness, Lady O’Neill, about what these bodies are and how they are constituted, but it raises the same issues. We already have at least one relatively new provider, whose ownership is quite clearly based outside the UK, and the question arises whether the change of ownership could raise any questions about previous decisions taken by the regulator or other body in respect of the degree-awarding powers or the register to which this institution might be attached. We do not know the answer to that yet, because the situation has not yet emerged, but it raises issues about probity and the ability of an institution to survive, if the ownership places new restrictions on it.

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[Viscount Younger of Leckie]

My Lords, I shall be brief as well. It remains our policy that degree-awarding powers cannot be transferred or sold. As now, if a holder of degree-awarding powers was involved in a change of ownership, it would be expected to inform the OfS and demonstrate that it remained the same cohesive academic community that had been awarded those powers originally. We need to maintain flexibility to adapt to changing circumstances, so it is appropriate that these matters are covered through guidance, in the same way that the process operates currently. I hope that with that extremely short explanation, the noble Lord will withdraw his amendment.

[Lord Stevenson of Balmacara]

That was a little briefer than I had anticipated, but I will look at it carefully. In the meantime, I beg leave to withdraw the amendment.

Amendment 276 withdrawn.

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[Lord Lucas]

My Lords, when I talked earlier about the need to give the OfS some axis in making sure that validation arrangements work well, this was what I meant. I beg to move.

[Lord Stevenson of Balmacara]

That is the second speediest moving of an amendment I have heard so far in Committee. I will be almost as brief, since we have alluded to the fact, if we have not specifically mentioned it, that the answer to a lot of our problems about the validations issue, which will come up in both this and the following group, where there is a clause stand part, and the power of validation of last resort being given to the Office for Students is to pick up the fact that the CNAA, of blessed memory, still exists, in rump form, in the Open University. That is where all its functions and assets were transferred—not that it had very many assets, I am sure—at the time of its dissolution, around the time that the polytechnics were given their degree-awarding powers and we abolished the binary line, effectively. So we have a situation in which it would be possible, I think, to obtain a validator of last resort at very little cost and certainly at no considerable worry in terms of new structures or arrangements. It would certainly resolve one of the issues that is devilling the question of the powers of the OfS, and I very much hope that this amendment will be considered very carefully.

[Baroness Garden of Frognal]

My Lords, in the absence of the noble Baroness, Lady Wolf, I will speak to Amendment 311, in her name and mine. We support the option of identifying a central validation body. The current system of awarding bodies works well, although it is recognised that protectionist practices are sometimes adopted on both sides. We therefore agree that validating bodies should commit to competition, diversity and innovation, although that should not mean that all comers must be validated. Expertise in validation lies in the objective and impartial appraisal of an institution’s capacity to deliver and maintain appropriate standards of quality and student experience.

While the precise terms of such an arrangement will be decided between the provider and the OfS, the amendment would require any such arrangement to make specific provision for the national validating body to be able to refuse to validate a qualification if it has concerns about the quality of higher education provided. There is much merit in the proposal of the noble Lord, Lord Stevenson, for using the Open University as a validator of last resort. It is a body with very wide-ranging expertise and would be a respected body for the task—much more appropriate than the Office for Students itself.