Matt Western
MP for Warwick and Leamington · Labour · United Kingdom
“Locally, about the equivalent of an Olympic-sized swimming pool of construction waste is dumped into Whitnash Brook every day. We cannot allow this kind of degradation to continue.”
“I congratulate the hon. Member for Waveney Valley (Adrian Ramsay) on securing the debate. Nature is screaming at us. I spoke to farmers last week who told me just how alarmed they are at the situation.”
“I congratulate my hon. Friend on securing this debate. She may be aware that we have had a plastics recycling facility in my constituency for several years. Only when it opened did we suffer an awful fly infestation across the town, as well as a horrendous odour.”
“I thank my hon. Friend, while he is still in post. Very briefly, he will be aware of the mockery that is the situation with dual-use goods between Israel and the Palestinian territories. Surely we can have some sort of ban on the products we are supplying that are essentially enabling civilisational erasure in Palestine?”
“My hon. Friend talks about leaseholders being treated with contempt. I have an estate in my constituency, Bishops Gate, where it took three years for FirstPort to respond to residents’ requests, and even when the council got involved, FirstPort refused its request.”
“Just yesterday, the Israel Land Authority published new dates for the tender for the construction of the proposed E1 settlement zone in the west bank. The bidding period for the tender ends in October, and once the contracts have been awarded, it will become impossible to stop E1. Why is E1 so critical?”
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“I am reliably informed that the NCS is now poorly resourced and unable to meet the demand for face-to-face appointments, and has been described by the Local Government Association as in need of a “radical shake up”. How on earth, therefore, does the Minister expect adequate information, advice and guidance to be provided to prospective learners when the most obvious mechanism available to deliver it has been so stretched and under-resourced these past few years? Of course, none of that is to say that LLE will not propel an enormous wave of adult learners and upskillers, but recent policy announcements suggest the need for an enormous communications campaign, a large investment of resources and a clear understanding of the barriers to uptake. A review, as proposed in new clause 1, would achieve that aim.”
“The Education Committee’s report into post-16 education, which was published last week—the Minister will be more than familiar with it—revealed that 63% of young people had not even heard of T-levels. As Rachel Sandby-Thomas, the registrar at the University of Warwick, put it: “The take-up has been disappointing”––[ Official Report, Lifelong Learning (Higher Education Fee Limits) Public Bill Committee, 21 March 2023; c. 33, Q75.] The National Careers Service—incidentally, this was introduced by my friend Gordon Marsden, the former Member of Parliament for Blackpool South—would be the most obvious choice for helping to deliver information, advice and guidance.”
“The Secretary of State would then have to conduct an annual review every subsequent year taking into account learner uptake, employer spending, the provision of courses on offer, the financial sustainability of the sector, the Student Loans Company and the Office for Students. I will touch on a few of those points to illustrate why such a review is so crucial. On the Bill’s impact on learner uptake, we know that there is a huge job to be done. As Sir David Bell, vice-chancellor of the University of Sunderland, reminded us in Committee, accelerated courses were once poised to be the next big thing but never really materialised. The same can honestly be said of T-levels.”
“On the Minister’s own timeline, continuing to table saving and transitional provisions after September 2024 would leave less than one complete academic year before the expansion of LLE to level 4 courses in September 2025. What assurances can he give the sector that the vast majority—if not all—of the regulations will be laid by or before September 2024? Can he be a little more specific than any time after January 2024? Finally, I turn to new clause 1, which would require the Secretary of State to conduct a review of the Bill’s impact on a variety of factors after the launch of lifelong learning for level 4 in the 2025 academic year. It would need to be published before the expansion in the 2027-28 academic year to levels 4, 5 and 6.”
“Amendment 4 would limit the use of the saving and transitional provisions in the Bill to the end of September 2024. I tabled a similar amendment in Committee that would have limited their usage to the end of January 2024. The Minister confirmed that the Government “are not intending to lay the broader suite of regulations to enable the LLE until after January 2024.”—[ Official Report, Lifelong Learning (Higher Education Fee Limits) Public Bill Committee, 23 March 2023; c. 111.] I understand the reasons behind the need for flexibility—after all, lifelong learning is a fundamental change in the structure of the student loans system—but the Minister will no doubt be aware of the need for providers, students and the Student Loans Company to have adequate time to prepare.”
“In Committee, the Minister confirmed that regulations determining the fee method, the number of credits attached to credit-differential activity, the number of learning hours attached to credit, the maximum number of credits and the uprating of the lifelong learning entitlement would all be subject to the affirmative process. I welcome that commitment and have no reason to doubt the sincerity of the Minister’s promise. However, given that we have had, I think, three Ministers in the last 10 months, there is uncertainty about the commitment —or lack of it—to that on the part of others. Given that the Minister supports the central thrust of amendment 3 and is a keen supporter of parliamentary oversight and a pragmatist, I hope that he will be prepared to assert Parliament’s right to scrutiny in the Bill.”
“The amendment would require any written statement to take into account the interaction between the regulation and the policy proposal. On Second Reading, I described the Bill as an “exoskeleton without a body”—that is to say, a framework without much policy substance. After detailed debate in Committee, I understand some of the reasons why the Bill is technical in design and therefore somewhat policy-light. What amendment 5 seeks to do, however, is to link the policy objectives of lifelong learning to the secondary legislation tabled under the Bill. It would close the gap between the Bill’s skeletal framework and the policy announced by the Government. Amendments 5 and 3, the second of which would subject all regulations made under the Bill to the affirmative procedure, are guided by one simple aim: parliamentary oversight.”
“The Bill’s current impact assessment stresses that the “overall impact is likely to be ambiguous because of various opposing effects.” It is important that those effects are considered in the round in any future impact assessment. Even if the Minister does not accept the new clause, I would welcome his commitment to producing a post-enactment impact assessment, pulling together the variety of loose strands across different announcements. I would also welcome his commitment to publishing a revised impact assessment before he lays any regulations under the Bill, and a commitment on when he intends to do that. Amendment 5 is linked to the aim of new clause 2. It would require the Minister to publish a written ministerial statement before tabling any regulations under the Bill.”
“In Committee, the Minister also promised that “the Government will publish a full and detailed impact assessment, including the qualification of expected costs and the benefits of LLE in its entirety, when we lay the necessary secondary legislation to fully implement the LLE.” –– [ Official Report, Lifelong Learning (Higher Education Fee Limits) Public Bill Committee, 23 March 2023; c. 98.] Therefore, the need for a revised impact assessment does not seem to be in dispute. It is important, however, that the impact assessment is as thorough as possible. At the moment, we have impact assessments split across a variety of strands: attached to the Bill, the Government consultation response, and future announcements. There are some glaring gaps, noticeably on the impact on providers.”
“With your permission, Madam Deputy Speaker, I will speak to our amendments with that logical structure in mind. New clause 2 would require the Minister to publish a revised impact assessment before laying any regulations under the Act. Such an impact assessment must consider the Government’s response to the lifelong loan entitlement, any subsequent spending reviews, and the Government’s broader education and skills policy. I note that the Minister has committed himself and the Government at various times to such an impact assessment. In the impact assessment attached to the Bill, a post-enactment impact assessment is promised.”
“I rise to speak to new clauses 1 and 2 and amendments 3 to 5, which appear in my name and that of my hon. Friend the Member for Chesterfield (Mr Perkins), who is unfortunately unable to be here today. Our amendments at their core seek to do three important things and are designed to ensure that the Bill is successful: to introduce parliamentary oversight; to provide the sector with as much clarity as possible ahead of the implementation of the lifelong loan entitlement; and to allow for an assessment of the interaction between the Bill and the policy underpinning the lifelong loan entitlement. They seek to achieve those aims at various key points in the Minister’s decision-making process, covering the period prior to laying the regulations, the process of laying the regulations and the post-enactment effect of the regulations.”
“I urge him to engage frequently with the sector, with me, with employers and with non-governmental bodies, such as the Student Loans Company and the Office for Students, although the latter is perhaps increasingly less non-governmental and more governmental in practice. That being said, as the Bill progresses to the Lords, I look forward to listening to their considerations on the scope of delegated powers under this Bill, the feasibility of these reforms and the timescale suggested by the Minister.”
“I understand that most of the current student finance system is governed through regulations, but the point is, surely, that what we are trying to do with lifelong learning is break away from the current system. Does it not follow, therefore, that the limits of the old system—namely, government by regulation—should not necessarily impose a limit on the new system? That was why we tabled our amendments on Report. They were all about ensuring parliamentary oversight, sector engagement and continuous monitoring of the impact of legislation on proposed policy. It is somewhat disappointing, therefore, there has been no movement from the Government on those issues, despite assurances. I strongly suspect, however, that the Minister will take a conscientious, diligent and measured approach to implementing lifelong learning.”
“The purpose of Third Reading is to give the Commons a final chance to debate the contents of a Bill; it is an opportunity to discuss what is actually in the Bill, rather than, as on Second Reading, what might have been included. The awkward predicament we are in here is that so much of this Bill is yet to be determined by the Minister, in regulations. Consequently, the Bill is somewhat divorced from the policy it seeks to implement. This is not a party political point; it is a call for certainty and predictability, and an expectation that transformational reforms in the tertiary education sector are clear, open to debate and transparent.”
“With Government spending on adult education falling by 47% between 2009 and 2019 under the coalition and Conservative Governments, and with only one in three adults participating in some kind of learning, meeting the challenges thrown up by decarbonisation, growing a sustainable economy and the fourth industrial revolution will require a complete reversal of the last 13 years of decline, propelled by a much more expansive understanding of lifelong learning. So what concerns me is the uncertain direction of travel. The Minister published the consultation response before the Committee stage, and I thank him for that, but this Bill leaves an awful lot to be decided in due course by him.”
“This Bill is an important first legislative step on the road towards the full roll-out of lifelong learning provision in the UK, but the objective of lifelong learning has swirled around this place for far longer than I have been in this House. My friend and predecessor Mr Gordon Marsden, the former Member of Parliament for Blackpool South, was an assiduous campaigner for lifelong learning in this role, and I am pleased to see that work is now channelled through his Right2Learn campaign. It may be only a few short years since he stood in my shadow ministerial shoes, but the need for these reforms has never been so urgent. They simply cannot come quickly enough. The Minister will no doubt be aware of the severity of the problem from his time chairing the Education Committee.”
“I also place on record my thanks to the Clerks, and particularly to Bethan Harding for all her work drafting the various amendments that allowed us to probe the Government’s rationale and that shaped the debate the ensuing debate. Finally, I thank the Minister and his office for how they have guided the Bill through its Commons stages, offering numerous opportunities for Opposition engagement, following up with Members on specific points raised in Committee and generally respecting the right of Parliament to scrutinise the Bill. The seriousness and efficiency with which the Minister has approached the Bill encourages a certain trust both in him and in the purpose behind the Bill, both of which are essential if it is to form part of the cross-party commitment to lifelong learning.”
“I extend my thanks to all those involved in the passage of this Bill on Second Reading, in Committee and this afternoon. I join the Minister in thanking Conservative Members as much as those on the Labour Benches. I particularly thank my hon. Friend the Member for Chesterfield (Mr Perkins), the shadow further education Minister, whose name appeared on the amendments we debated on Report. I also thank my hon. Friends the Members for Brighton, Kemptown (Lloyd Russell-Moyle), for Sheffield, Brightside and Hillsborough (Gill Furniss), for North Tyneside (Mary Glindon), for Barnsley Central (Dan Jarvis) and for Middlesbrough (Andy McDonald) for their work, constructive comments and contributions in Committee. Their thoughts provided the basis for subsequent amendments.”
“I consider myself to be a member of whatever common-sense group this place may offer, but I am unsure whether we should be here again two years on. We need not be here, but heavy-handed legislative responses to largely exaggerated social problems—I am not saying there are no problems—appear to be this Government’s general modus operandi.”
“The last time I was here debating this Bill, I told the Minister that it had spent more time in Parliament than any other Bill sponsored by the Department for Education since 2010. Indeed, as defenders of free speech, Members would be forgiven for thinking the Government would be determined to see the Bill on the statute book. Yet 721 days—almost two years, as you, a maths connoisseur, will appreciate, Mr Deputy Speaker—have passed since the Bill had its First Reading, and it could have been further prolonged by the prospect of legislative ping-pong with the other place. Here we are again. This time, we have the Minister, whose remit now includes university campus activity, rowing back on the compromise reached in the Lords. I am sure that this has been pushed by the Common Sense Group.”
“I have repeatedly stated the plethora of options open to the Government: the Chicago principles, the Robert French report, Universities UK’s guidance, internal processes and the Manchester and King’s guidelines—all of which would do a better job at resolving issues whenever they arise.”
“I have a huge amount of respect for the right hon. Gentleman, as he knows. Of course I would be concerned about the case of an individual student, but I fear more generally about the tort being a channel for more vexatious claims by well-funded individuals or organisations, and where that may take us. I will expand on that point. Where issues arise, Ministers have shown no interest in dealing with the underlying causes. I fear that this is yet another example of Ministers leaning in and exploiting cultural divides, opting for punitive, confrontational tools such as the tort before us.”
“We all know that litigation is generally expensive and time consuming. It can soak up management bandwidth, detracting from the ability to focus on more important issues, most obviously the staff and student experience. Anything that risks an increase in the use of litigation in this context is therefore to be greatly cautioned against. In that vein, I urge the Minister to provide greater clarity on how her amendment will keep vexatious claimants at bay, will ensure the protection of institutional autonomy and regulatory processes, and will not expand the scope of the tort to the detriment of the student experience.”
“When competing freedoms are at play, such care is to be expected. While the circumstances in which a court may grant an injunction could be narrow, for vexatious claimants with deep pockets, the amendment invites them to try their luck. I note Lord Willetts sought to ensure the tort was “sensibly targeted” through his amendment, presumably to limit such vexatious claimants. Does the Minister believe her amendment opens the scope of the tort back up again? What justification does she have for doing that? Has the Minister met Lord Willets, a Conservative peer, to discuss this? I am sure he would welcome such a discussion. As for process, the Minister claims she is “confident that this will not create a further burden on the courts”. She plainly omits reference to the burden on institutions and student unions.”
“The amendment creates an exemption from the last resort mechanism put in place by the Lords for claims exclusively seeking an injunction. It is worth noting that the underlying purpose of the last resort mechanism was to prioritise university internal processes, the Office of the Independent Adjudicator for Higher Education, the Office for Students Free Speech Complaints Scheme and the director for freedom of speech and academic freedom. The Government amendment potentially paves the way for that purpose to be inverted. In effect, the amendment creates a perverse incentive for claimants to bypass the schemes created in the Bill in search of an injunction, including in anticipation of a breach. Was that unintended or intended? Regulatory investigations and internal processes rightly and understandably take time.”
“It is worth flagging that, if the courts were to follow such guidelines, the most egregious cases of non-pecuniary loss arising from a breach of a freedom of speech duty could cost a student union or university up to £56,200 per individual claim, in addition to any further litigation costs, which I am reliably informed range from £75,000 to £125,000. Members of the House may want to consider, in the context of their local higher education providers, how such costs may detract from the student experience, given the financial pressures across the entire sector. Such monies would be better used to support hardship funding and welfare support, given the rocketing number of mental health cases they are seeing. The second plank relates to the opt-out of the last resort mechanism for injunction-only claims.”
“The Minister will no doubt say that that is a matter for the courts but, in the interest of clarity, I would welcome the Minister setting out her understanding of how damages might be awarded for non-pecuniary claims in freedom of speech cases. For example, will the director for freedom of speech and academic freedom or the Government be setting cost guidelines for the courts to follow; or is it the Minister’s expectation that the courts will follow pre-existing costs guidelines, such as those used in discrimination cases?”
“On the two planks of the Government amendment, the first specifies sustained loss as including non-pecuniary loss. The first concession the Minister has made to her Back-Bench rebels is to put in the Bill that “loss” extends to non-pecuniary loss, such as injury to feelings and reputational damage. I understand that was always assumed to be the case by the Government, but the Minister felt compelled to assuage the concerns of Back-Bench Members that such damage could be excluded by the courts. If non-pecuniary damage is to be a loss recoverable under tort in freedom of speech claims, the question arises as to how the loss will be calculated. That has important consequences for the costs of litigation for universities and student unions.”
“In her “Dear colleague” letter, the Minister claims that her motion provides the necessary reassurances on the issue, but she fails to mention that reassurances were already provided by Earl Howe. A satisfactory compromise —supported by Labour—was reached. Indeed, it might be deemed a model case in how to resolve competing interests, reminding us of the shared values we have in common: “a commitment to freedom of speech and diversity of opinion.” —[ Official Report, House of Lords, 21 March 2023; Vol. 828, c. 1685.] Those are the wise words of Lord Willetts. Yet with this motion, the Minister seems to be reopening Pandora’s box, prioritising tabloid headlines about a permanent crisis in freedom of speech on campus, over and above cross-party consensus and good legislation.”
“It was understood across the sector and in the other place that we had reached a point where the system was workable—they had reservations, but said they would accept the compromise. Given the Minister is clearly aware of those strong views, why has she not paid heed? In her letter, she encouraged us all to support the Government’s motion today, owing to “limited legislative time to progress with further changes”. It is pretty ironic for her to invoke the tight parliamentary timetable to push through her regressive motion, given the Bill has benefited from two parliamentary Sessions. We are here today, two years on, only because the Minister has reneged on the position accepted by Government Ministers in the Lords.”
“Lord Grabiner, an eminent jurist, said that the tort could be used by “well-heeled trouble-makers for whom the costs issue would be of no concern at all.” —[ Official Report, House of Lords, 14 November 2022; Vol. 825, c. 709.] That is the point I was making to the right hon. Member for New Forest East (Sir Julian Lewis). Lord Molyan, a Conservative peer, stated: “the Government do not know what they want to do about this”. —[ Official Report, House of Lords, 21 March 2023; Vol. 828, c. 1692.] Universities UK, which represents 142 universities, stated: “our position remains that the tort should not stand as part of the Bill.” It feels that the original amendments amount to “sensible and acceptable compromise”.”
“As the hon. Member will know, the tort has been left in the legislation. A compromise was reached in the other place, so that is in the Bill, as far as we know. Our point is that we do not believe that an injunction is at all necessary. Indeed, it will complicate the process for all involved. The Minister will know that I was trying to reach her last week. I was keen to discuss this issue, because I wanted to seek some sort of understanding about what was going on, but for some reason we were not able to speak. I hope that we can do that in future, because I think that will circumvent problems. To be fair to the Minister, she is clearly aware that colleagues have strong views on the issues linked to the tort—she said as much in her “Dear colleague” letter last week. Perhaps it is worth reminding ourselves of some of those views.”
“At a time when accountability and scrutiny in public life are more important than ever, the role of the BBC and other media outlets is so important. My local newspaper, for example, will not run any political stories, and has not really done so for many weeks now. Will the Minister consider the role of local media and why local newspapers will not run political stories?”
“It seems that there is considerable anger out there—according to my postbag, anyway—that the desired effect of this Government’s actions seems to be discouraging people from voting. I have two concerns. The first is about what will happen in polling stations when volunteers and local authority officers have to confront disgruntled voters. What safety measures will the Minister put in place? Secondly, in terms of the meet and greet, if data is important, surely the simple solution is to place an additional officer outside the polling station to collect that data.”
“A few moments ago, the Minister said that we must give to Ukraine what Ukraine tells us it needs. All of us here will have been in Westminster Hall to hear President Zelensky’s impassioned speech. Several weeks later, I and many others had the privilege of listening to the Ukrainian ambassador and the Speaker of the Ukrainian Parliament, who reiterated their needs and demands, which were very clear: they asked for planes and munitions. Can the Minister update us?”
“Finally, what assessment has he made of whether the OfS provides value for money, judged against the objectives that Parliament legislated for it, and by comparison with peers in the regulatory sector?”
“It did not start at a particularly high level. Trust and confidence is crucial in a regulator, and I am afraid that there are profound concerns across the piece. I have met with the OfS, and I appreciate that moves are afoot to try and reset the relationship and restore confidence. I very much welcome that. Trust and authority are hard-won and quickly lost. To that end, I would welcome the Minister’s response on the following points, as well as those I raised earlier. What steps is the Minister taking to reassure the sector that the era of heavy-handed political involvement in the regulator is at an end? What plans does he have to raise the registration fees to accommodate additional duties on the OfS? What assessment has he made of any increase on institutional financial sustainability and the student experience?”
“Likewise, a good deal of work has to be done behind closed doors by necessity; managing the financial sustainability of providers is the clearest example. To that end, I was pleased to read the case study note provided by the OfS yesterday about how it is managing financially precarious institutions, which are increasing at an alarming rate under the current Government. I should not need to remind the Minister that the proportion of providers with an in-year deficit increased from 5% in 2015-16 to 32% in 2019-20. In conclusion, the need for regulation is absolutely obvious; indeed, good regulation is needed to generate confidence, trust and investment in the sector from domestic students, international students, businesses, government and research bodies. However, the relationship between the OfS and the sector is at an all-time low.”
“Over a year ago, the Minister’s predecessor, the right hon. Member for Chippenham (Michelle Donelan), launched the HE data reduction taskforce, which of course is very welcome, to tackle this very issue. I would be grateful if the Minister updated us on when the taskforce last met, when it next plans to meet and what steps he is taking to ensure that new initiatives, most importantly lifelong learning, do not bog down providers in an even greater regulatory quagmire. In raising these concerns, I do not intend to discredit the important work that the regulator has done in some areas. The recent work on access and participation plans, for example, and the launch of the equality of opportunity risk register could prove transformational in improving the experience of higher education for students from a widening range of backgrounds.”
“We have heard that another provider has 10 full-time equivalent staff supporting regulatory compliance, at a cost of £440,000. Another has estimated that the total cost in regulatory activities equates to £1.1 million in the year 2022-23. So the burden is both concentrated and widespread, particularly when taking into account the reporting requirements of other regulatory bodies. When it comes to degree apprentices, as we have heard, apprenticeship providers are often subject to four, or possibly five, separate regulatory bodies and demands: the OfS, the Institute for Apprenticeships and Technical Education or IFATE, the Education and Skills Funding Agency, and Ofsted. The effects on smaller institutions are clearly greater, as these absorb more and more resources to the detriment of the student experience.”
“Under HERA, the OfS is required to ensure that ongoing registration conditions are proportionate to the OfS’s assessment of the regulatory risk posed by the institution. The OfS has termed this “risk-based regulation”. That is an eminently sensible approach to take, but unfortunately it is one that belies reality. As we heard from my hon. Friend the Member for Kingston upon Hull West and Hessle, data gathering is being massively duplicated. To give some anonymous examples, as we have heard earlier, I am informed that, for the 2022 Higher Education Statistics Agency data return, one member reported having to provide 59,000 student records, which equates to 7.2 million individual data fields—an increase from 4.5 million in 2019.”
“Surely, if it was truly a regulator for students, they would be given greater priority in decision making and greater oversight, and they would turn to it more often and would feel that their priorities—such as the cost of living, student mental health, and sexual harassment and violence on campus—were being given the utmost priority. Given the seriousness of the accusations that have been made, I would welcome the Minister’s personal commitment that he will ensure that the student panel and voice are fully respected within the OfS structure and the regulations that it makes, as schedule 1 to HERA demands. Another common theme emerging from my conversations around the sector concerns the regulatory burden.”
“They claimed that “an acute focus on free speech in regulatory activities was politically motivated rather than being based on the concerns of the student body”, and strongly indicated that the student voice, as expressed by panel members, was “actively suppressed” when trying to counter aims and policies that appeared to be political in nature. My hon. Friend the Member for Sheffield Central (Paul Blomfield) talked about the student voice being marginalised. I have frequently thought that the Office for Students is a misnomer.”
“Certainly, his failure to declare an interest as a significant donor to Ben Houchen’s campaign to be the Tees Valley Mayor when interviewing and appointing Rachel Houchen as a non-executive director supports that hypothesis. They say that a fish rots from the head down—incidentally, the last time that I used that expression in this House was in relation to the Government of the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). There is a perception that the OfS is straying too far into the political fray at several levels. Take the student panel, for example, which was mentioned earlier. Last week, the former student panel members gave evidence to the Lords Committee.”
“The OfS’s provider refresh strategy is therefore broadly welcome, but part of the mistrust stems from a perception—and I think it is a perception—that the regulator is too easily at the beck and call of Ministers, stretching the epithet “independent regulator of higher education” to its very limit. Most obviously, as we have heard, the chair of the Office for Students, Lord Wharton, is seen as a plainly political appointment, having little experience in the sector while maintaining the Conservative Whip in the Lords. The potential conflict of interest is plain. That he has visited only five universities since his appointment may suggest that his interest lies less in the promotion of the sector and more in occupying a public office to shape the sector to his party’s wishes.”
“But when we have reached the point at which stakeholders are joining forces to raise concerns that the House of Lords Industry and Regulators Committee has launched an inquiry into, and when MPs feel compelled to raise the issue in Westminster Hall, then something has clearly gone awry. The question is: what? Regulators are most successful when they are able to exercise a proportionate degree of authority over the sector they regulate. Authority stems from trust, which in turn reinforces the authority of the regulator. The two go hand in hand; they are mutually reinforcing. In part, this issue stems from the structure of the OfS—for example, in not having adequate avenues to allow stakeholders to offer feedback on its own performance as a regulator.”
“However, five years on from HERA, four of the main representative groups—MillionPlus, GuildHE, University Alliance and the Russell Group—have felt compelled to write to the Chair of the Education Committee, the hon. Member for Worcester (Mr Walker), expressing “growing concerns that the OfS is not implementing a fully risk-based approach, that it is not genuinely independent and that it is failing to meet standards we would expect from the Regulators’ Code.” The establishment of any regulator, especially one that so markedly departs from the role of the previous funding agency, is bound to have some teething problems.”
“Friend the Member for Kingston upon Hull West and Hessle, I want to stress the importance of good, fair-minded, proportional regulation, which is needed in any sector, especially the higher education sector. For a sector that benefits from £30 billion in income from public money, educates over 2 million students and contributes £52 billion to our GDP, supporting more than 800,000 jobs, the need for regulation is clearly self-evident. To that end, the Higher Education and Research Act lays important foundations for the inception of the Office for Students. It is important to stress that almost no one I have met working in the sector has ever questioned the need for regulation. Indeed, as Universities UK says: “we support the objectives of the OfS and believe its statutory duties are clear and appropriate”.”
“Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) not just on securing the debate, but on her absolutely comprehensive and thorough dissection of the issues, which ranged from the burden of bureaucracy, the concerns about consultation and how it is handled, the questions about the future measurement of quality across the sector, and many points in between, which I will elaborate on. I thank my friend, the hon. Member for Strangford (Jim Shannon), for his contribution and for reminding us of some of the distinct characteristics of higher education provision in Northern Ireland. Before I build on some of the points raised by my hon.”
“It is an absolute pleasure to serve under your chairmanship, Dame Maria. As has been mentioned, the Office for Students, which is the independent regulator for higher education providers, is a relatively new addition to the regulatory landscape in the UK and was formed back in January 2018. I think I am right in saying that this is the first opportunity that MPs have had to debate the regulator since the passage of the Higher Education and Research Act 2017. Here we are five years on, with this well-timed and possibly well overdue debate about what is happening in the landscape. I congratulate my hon.”