Update on Amendments to the Higher Education and Research Bill

David Midgley has kindly provided this useful summary of recent developments:

The text of the Bill as amended by the Lords in report stage is now available at https://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0112/17112.pdf.

The most significant changes with regard to the regime proposed for higher education are these:

  • Lord Kerslake’s amendment of 6 March to the effect that the TEF “must not be used to rank English higher education providers as to the regulated course fees they charge”, carried by 263 votes to 211, which is now Clause 12;
  • Lord Blunkett’s amendment of 8 March, carried by 280 votes to 186, which requires any “scheme to assess and provide consistent and reliable information about the quality of education and teaching” to be subject to rigorous independent scrutiny, and precludes it from being “used to create a single composite ranking of English higher education providers” – this has become Clause 27;
  • Baroness Wolf’s amendment of 8 March, carried by 201 votes to 186, which makes explicit the role of the Quality Assessment Committee in relation to the authorisation of any new provider and requires such a provider to have been “established for a minimum of four years with satisfactory validation arrangements in place” before authorisation may be issued – this has been incorporated into Clause 47 (as sub-sections 12 and 13); and
  • Lord Judge’s amendment of 8 March, carried by 185 votes to 151, which has the effect of strengthening the power of appeal against a revocation of degree-awarding powers and/or university title – the relevant clause is now Clause 49.
  • Also of considerable importance for the future of universities is Lord Hannay’s amendment of 13 March, carried by a noteworthy 313 votes to 219, which seeks to protect the position of international students in British higher education – this appears as Clause 90 in the latest version of the Bill.
  • Also carried on 6 March, by 200 votes to 189, was Baroness Royall’s amendment, which requires that all eligible students should have “the opportunity to opt in to be added to the electoral register”, which has now been incorporated into Clause 16.