TEF and tuition-fee rises are not in the Higher Education and Research Bill. Why?

No.  2 in a series of guest posts by G.R. Evans

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The Secretary of State, introducing the Higher Education and Research Bill at the Second Reading, urged that ‘the teaching excellence framework is such an important part of the Bill’. But the Bill does not mention it. The new legislation will not directly affect the plans to introduce a Teaching Excellence Framework, or decisions about raising tuition fees, both of which are being taken forward down separate tracks.

The Teaching Excellence Framework began as an announcement by Jo Johnson as the new Minister for Higher Education in a speech in July 2015, to Universities UK. It had a prominent place in the Green Paper published in November 2015 and again in the White Paper published on May 16 2016, which explained how it was to be ‘designed’ and ‘implemented’ in straightforward ‘it’s going to happen’ language of ‘will’ and ‘shall’ and a timetable making it clear that it did not depend on the coming into force of new legislation.

The TEF does not form part of the Bill because it requires no legislative change except possibly ensuring that the new Office for Students (OfS) will have powers to ‘rate’ English higher education providers ‘regarding the quality of, and the standards applied to, the higher education they provide’ (Bill s.25), with provision for ensuing adjustment of fees under Bill Schedule 2 (The Fee Limit).

Gordon Marsden pointed out in the Second Reading debate that Parliament will have no opportunity to debate the plans to introduce a Teaching Excellence Framework (TEF). He added that ‘the University and College Union and others are deeply concerned by the lack of parliamentary scrutiny built into the TEF’.

Nor does the Bill involve further consideration or review of the operation of the student loan system, which Liam Byrne described in the debate of 19 July as underpinned by a ‘Ponzi scheme’. It does not need to do so in order to achieve its purposes.

The press was quick to remark on the Ministerial Announcement days after the debate that an inflation-related increase above the previous maximum of £9,000 was to be allowed. Universities, including Manchester and Durham, were quick to advertise the new higher fees. Continue reading