That this House takes note of the Report from the Industry and Regulators Committee Must do better: the Office for Students and the looming crisis facing higher education (2nd Report, Session 2022-23, HL Paper 246).
My Lords, I thank the members of the committee, who put so much work into compiling this report, and our staff, who were extremely helpful. The noble Lord, Lord Hollick, was the chair of the committee when we started this report in March last year, but we also had a lot of help from our special adviser, Mike Ratcliffe, and from the committee staff of Dom Walsh, Dominic Cooper and Itumeleng Osupeng. I should also mention Alec Brand.
As I say, we started our inquiry into the OfS and higher education in March 2023, a time when we felt that the higher education sector was facing a whole raft of challenges. They have intensified since then, and I think we were right to decide that this should be our priority at that time. The challenges that higher education is facing pre-date but were exacerbated by issues such as Covid. It is important to remember that some of these are very long-standing challenges that higher education has been trying to deal with for quite some time. We had the raft of difficulties, and we have had issues such as the loss of EU research funding that have challenged universities even further. There have, of course, been industrial disputes, which have not helped, but I think that all the issues such as inflation, the cost of living and the lack of funding have made industrial action more likely.
The committee’s overarching finding was that the Office for Students was performing poorly; it is important to make that basic point. We did not choose our title casually—in fact, we had many alternatives that could have been a bit more colourful, shall we say. We said it “Must do better” because this is an important institution that regulates a very important sector of the British economy, and for it to be performing poorly is extremely important and a very real problem for us all. I think that this report is one of the strongest of recent House of Lords committee reports, and therefore should be taken seriously.
The name of this organisation, the Office for Students, was chosen deliberately by the Government to imply that it would put the interests of students before the interests of providers, yet our investigations found that neither students nor providers of higher education have confidence in the OfS. There were poor relations with both providers and students, and a very clear perception of a lack of independence of the OfS from government.
I will talk about several of our conclusions; I know that colleagues will venture more widely. My overriding concern as we went through this inquiry was the complacency on the part of the OfS about what we described as “the looming crisis” in higher education. There is more discussion of it now—just recently we saw some alarming figures—but even when we were taking evidence more than a year ago, we could identify severe difficulties in the whole sector, not just the odd institution.
The freezing of tuition fees for so long meant that many universities were in real difficulty. The Russell group has suggested that its universities are losing £4,000 for every domestic student. Perhaps not surprisingly, that has pushed universities to become increasingly dependent on cross-subsidisation from international and postgraduate students, whose fees are not capped. That has been a feature for many universities, not just one or two. On the other hand, recent statements and comments from Government Ministers that there should be a reduction in the number of international students are causing real concern and may already be impacting international applications.
My Lords, I draw attention to my registered interests. Clearly, as chair of the board of the OfS I am also bound by the Addison rules, so I cannot reply directly to observations that noble Lords may make or to committee reports in this House. I am rather restricted to making what will be a short contribution to this debate and I am here to speak as a Member of this House, rather than as the chair of that body. That said, there are some things that I can say. While I should not stray into comments on the day-to-day operations of the OfS, I wanted to be here to make a few general points.
Any public body must have regard to its stakeholders. There must also be a robust and honest two-way conversation and communication. A regulator cannot always be appreciated by the regulated, and one of the challenges in higher education in England is that, until recently, it did not have a regulator at all. This has been a significant transition, and a large number of people have worked extremely hard to bring it about. I pay tribute to all those who worked diligently to register providers after the Higher Education and Research Act 2017 came into operation. It is particularly good to see the noble Lord, Lord Johnson of Marylebone, here; I particularly recognise the role that he played in creating the accountability and protection that exist today.
Since the initial creation of the OfS, the pace of registrations has of course slowed. There are, though, still new entrants to the higher education system in England, and it is more important than ever, given some of the challenges that the noble Baroness mentioned, that we have a robust and thorough approvals process in place. The Office for Students regulates more than 400 higher education providers. Put another way, there is more than one higher education provider for every two noble Lords in this House. Given the range of activities they undertake and the importance of what they do, the task of regulating them is not a small one, but I think it is generally accepted that regulation of some form is much needed, even if there is debate about the shape that the regulation should take.
My Lords, I congratulate the Industry and Regulators Committee on its excellent report, which raises some important issues. Precisely because it ranges over a large number of issues, different people will pick up on different bits of it. I thought I would pick up on an aspect that may not be picked up in a gathering such as this, a conversation on what is happening to the higher education system in general; on the problems that the higher education system faces; and on what we can do about it. This issue requires a national conversation about what we should be doing.
I want to contribute three ideas to that conversation today. First, it is clear that our universities are passing through a difficult phase. Some 40% of England’s universities have budget deficits. Courses are being closed. Staff are being retrenched and so on. We know all this, but I think there is a danger of panicking and creating a situation where we end up following courses of action that we might regret. It is important to bear in mind that this is happening mostly with universities in England. For universities in Scotland, the score is slightly different; it is therefore difficult to arrive at a single homogeneous national perspective.
Secondly, this kind of crisis is not new. We have been hearing about it for the 40 years that I have been in this country. It is important to note that, happily, the crisis we are facing is financial, not intellectual—as I discovered when I went out to India as a vice-chancellor of one of the finest universities, where the crisis is intellectual. Teachers have few commitments. Academic pursuits are not valued. Happily, our crisis is largely financial; I say “happily” because it is in contrast to the academic and intellectual crisis that countries such as India and even China face. On the financial level, it is worth bearing in mind that we are not bankrupt: nearly £40 billion is contributed to universities from public funds. I say all this not to calm things down but simply to suggest that there is no need for immediate action. There is a need for immediate reflection. We need to look at ourselves and ask where our universities need to go.
My Lords, it is a pleasure to follow the noble Lord, Lord Parekh. I declare an interest as chair of the council of Queen Mary University of London. I thank the noble Baroness, Lady Taylor, for her comprehensive and very fair introduction to our report. I thank her too for her excellent marshalling of our committee, with the noble Lord, Lord Hollick, and I add my thanks to our clerks and our special adviser during the inquiry.
I will speak in general terms rather than specifically about my own university. In higher education, there have been challenges aplenty to keep vice-chancellors and governing bodies awake at night: coming through the pandemic, industrial relations, cost of living rises for our students, pensions and research funding, to name but a few. But above all there are the ever-eroding unit of resource for domestic students, which was highlighted extremely effectively by the noble Lord, Lord Johnson of Marylebone, on the “Today” programme last week, and the Government’s continual policy interventions, including, above all, their seeming determination to reduce overseas student numbers.
In the face of this, I have to keep reminding myself that in 2021-22 Queen Mary University delivered a total economic benefit to the UK economy of £4.4 billion. For every pound we spent in 2021-22, we generated £7 of economic benefit. Universities are some of our great national assets. They not only are intellectual powerhouses for learning, education and social mobility, making a huge contribution to their local communities, but are inextricably linked to our national prospects for innovation and economic growth.
The committee’s report was very well received outside this House. Commentating in Wonkhe, the higher education blog—I do not know whether there are many readers of it around; I suspect there are—on the government and OfS responses to our report, its deputy editor noted:
“If you were expecting a seasonal mea culpa from either the regulator or the government … on any of these, it is safe to say that you will be disappointed”.
My Lords, I declare my interests as a serving academic at the University of Hull and as chair of the independent Higher Education Commission. The commission produced a report in 2013 on regulating higher education that included a recommendation for a protection or insurance scheme to insulate institutions against possible future financial difficulties or failure.
However, my starting point today is that regulators need a mindset of existing to get the best out of the bodies that fall within their responsibility. It is not just a mindset but an issue of how regulators are trained. The same applies to administrators within universities. They are trained in a particular set of skills related to their area of responsibility. They are not necessarily trained in what the body they regulate or work within exists to achieve. In terms of this debate, they are not grounded in what universities are for, which is to teach and research. Administrators need to focus on what they can do to ensure that universities deliver the best. That means going beyond a narrow focus on tick-box exercises, and concentrating instead on how regulations and rules can be utilised to facilitate, not constrain.
Doing so is important at all times but it is especially so now for the reasons advanced by the Industry and Regulators Committee in its excellent report. As it says:
“The higher education sector faces a looming crisis”.
That crisis is already upon us, having worsened since the report was published. As the report states, given the problems facing universities,
“it is … vital that the sector’s regulator is fit for purpose.”
I should stress that that is necessary but not sufficient. The conditions giving rise to the crisis also need to be addressed. The committee’s recommendations need to be seen as part of a wider strategy for enabling universities to thrive and remain world class, and to produce graduates who are essential to a healthy and vibrant society. If we are not proactive in addressing the problems, we will be left behind by other nations. It is not sufficient to say how many of our universities are in the top 20 globally; it is the trend that matters. The higher education sector is under threat.
My Lords, it is a huge pleasure to follow the noble Lord, Lord Norton, with his wide and extensive experience in this area. I too thank the noble Baroness, Lady Taylor of Bolton, for giving us the opportunity to discuss this critical report. My contribution today will focus on the urgent need for a review of higher education funding and student outcome indicators for creative arts students.
I start by echoing the calls of several noble Lords for an urgent review of higher education funding. The near 10-year tuition fee freeze for domestic students is jeopardising the sector’s long-term viability, particularly at post-1992 universities. Substantial job cuts and forced course closures are, unfortunately, becoming commonplace. The report warns that if the domestic undergraduate funding freeze continues, some universities will have to merge or, in the words of the noble Baroness, Lady Taylor, exit the sector. This is completely unacceptable and entirely preventable. At the very least, fees should rise in line with inflation. Here I entirely agree with the noble Lord, Lord Johnson, in his comments on the “Today” programme last Friday.
In addition, substantial evidence shows that the financial hardship that students have faced in recent years has been a real concern. Joint research in October 2023 by student housing charity Unipol and the Higher Education Policy Institute indicates that rent consumes nearly the entire average loan, leaving students with just 50p per week for all other expenses, including necessary resources such as textbooks. The National Student Money Survey 2023 states that the average monthly shortfall between maintenance loans and student living costs is £582. The Sutton Trust’s 2023 student maintenance analysis report found that median loans of £8,500 in London and £7,000 in the rest of England do not cover the median essential spending costs of £17,287 and £11,400 respectively.
My Lords, it is a pleasure to follow the noble Lord, Lord Freyberg. I echo the points he just made about the creative industries and the need to measure properly value for money in that respect. I declare my interests as a visiting professor at King’s College London, chairman of FutureLearn, and someone who, in my previous ministerial role in the other place, was very much involved in the creation of the OfS and the high-level regulatory framework it is now implementing. I come at this with a certain baggage, and I lay that on the table; your Lordships do not need me to be clearer about it.
I very much want to defend the OfS rather than join the chorus of people seeking to bury it and condemn it for problems which, by and large, are not its responsibility but the responsibility of government policy. It is important that we are very clear in assigning responsibility correctly in this debate as we consider this report.
As the noble Lord, Lord Norton, said in his excellent speech, we have in the UK a world-class higher education system. It is one of our greatest national assets. However, it has some faults: some resistance to accountability, a quickness to take affront at suggestions that there are areas for improvement, and occasionally some short-sightedness in the way it opposes legitimate demands for reform. I fear that the report resulting from this inquiry is to some extent evidence of that phenomenon, because the inquiry and the report that came out of it were in part—probably quite a considerable part—the result of some very self-interested lobbying by university mission groups whose universities have over the years been very well represented in this place.
I am not saying that there is not room for improvement in the way the OfS operates—of course there is. However, it is also important that we do not lose sight of what this report is in part—not in totality—all about. We have to be honest that the report and the inquiry that led up to it are in part a continuation of battles that many in the sector and in this place waged against the very creation of the OfS in the first place.
My Lords, I begin by referencing my entry on the Register of Lords’Interests: I am the unpaid and independent adviser to government on anti-Semitism. I was warned on coming in by my advisory team—a small one—that I should attempt to persuade, not to berate. My independence may come through a little bit, but I want to reference one page only in this report of 104 pages, page 17. There is a current Office for Students consultation on draft regulatory advice arising from the Higher Education (Freedom of Speech) Act 2023, which is due to be enacted on 1 August. My suggestion to the Minister and the Committee is that the currently proposed guidelines appear to remove crucial and hard-won safeguards for Jewish students, potentially allowing anti-Semitism to grow on university campuses.
The OfS was directed to produce regulatory guidance on the free speech Bill. It released it at the end of March but, as of today, several questions remain unanswered about how the guidance will work in practice. It is my understanding that there are only two weeks left in the consultation process. If the proposed advice proceeds as it currently stands it will be acceptable to do and say the following things in our universities, leaving them with no power to intervene. I shall give three examples. The first is to have “intifada until victory” posters on approved university noticeboards. The second is to have a Holocaust denial society registering at a university freshers’ fair, having followed the correct registration processes. The third is to have “free Palestine” graffiti on a Jewish society poster on an official noticeboard.
All three are quite separate and distinct and are serious issues that are not conducive to the establishment of good relations on university campuses, which universities are, of course, legally bound to foster. I suspect that the Government and Parliament would both be horrified to discover that, in just over two months’ time, it might be possible to defend Hamas’s “inalienable right” to commit the 7 October attacks, or to argue that the Holocaust never happened, in one of our universities—not just to say such things but to do so by citing the Government’s own legislation on free speech, as passed by Parliament.
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We raised alarms about the information we had on the financial challenges but, at the time, the OfS gave very general assurances about the health of the sector and did not share our concern about the direction in which things were going. However, in its most recent financial sustainability report, published just last week, the Office for Students says that 40% of HE institutions are expected to be in deficit this year. That is after many institutions have made severe efficiency savings— or cuts, as they are probably better called. In many institutions there is little leeway for further cuts without significant consequences, and this could affect the quality of the education they offer.
I have a couple of specific questions for the Minister. What action are the Government taking in relation to the looming—indeed, current—crisis facing the HE sector? What is the Government’s attitude to international student recruitment? Clarity on that point would be very helpful all round. I wonder whether the Government really understand the danger of institutions collapsing and/or a decline in the quality of the education provided.
One of my main memories of the evidence we received was that of a vice-chancellor who said that, were his institution to see financial problems looming, he would not talk to the OfS about possible solutions and long-term viability because he thought that its attitude would not be supportive but combative, and that it would look for problems and criticisms of the institution. It is really worrying that the reputation of the OfS is so bad within the sector.
I have heard anecdotally from some in higher education that our report has prompted some change in tone and that the OfS is sometimes using different language in its visits and contacts. If that is the case, it proves that the House of Lords can have a positive impact.
I said earlier that the name OfS was deliberately chosen to imply that it was on the side of students. The committee found that, despite its name, it was unclear how the OfS defines student interests. Indeed, it was said that there was a suspicion that the term was used as a smokescreen for the political priorities of the Minister. We were given the example of free speech, which we heard was not a priority concern of students. We took direct evidence from students on the concerns about OfS engagement. We particularly heard allegations that the OfS issued veiled threats over the future of its student panel when individual students on it were making their concerns known. The OfS responded to our criticism and said that it would expand its plans for a review of its approach to student engagement. That is to be welcomed, as is the fact that it will take up our recommendation to report annually on student engagement. Does the Minister have any information about when we might see a report on that?
There is another area of real concern and puzzlement. Why has there been such a breakdown in the relationship between the Office for Students and the Quality Assurance Agency for Higher Education? The QAA, which assessed quality and standards until 2023, was widely accepted as a significant and independent body doing a very good job. Things are now being changed, and this is possibly going to result in a move away from European standards. This in turn could damage the international reputation of some of our universities, which have such a high reputation historically. The Minister needs to clarify this because I am not sure that the OfS has the capacity to assess the quality of all HE institutions. The OfS has completed only eight such studies and reports so far. Can it do it for the entire sector and in a timely way? Will it be as professional, comprehensive and reassuring as the system we had with the QAA? What happens there really matters.
Other concerns that we had were about the burden of regulatory compliance. We needed some clarity on the OfS’s priorities. UUK says that in each university 17.6 staff, on average, are involved in compliance. Those people are having to deal with the bureaucracy that the Government often say they wish to reduce. It would be good if the Minister could comment.
I must also say a word about political interference. There is clearly a concept throughout higher education that the OfS is there to do the wishes of the Government, rather than act as a totally independent body. I am sure that the Minister is well aware of the criticisms that have been made—the idea that if there is a headline in the Daily Mail, the Minister will tell the OfS to go hard on that particular issue. That is the perception, and it rings true in many respects. I must also mention other issues because the perception of interference is not helped by the fact that the chairman of the OfS takes the Conservative Whip in this House. The all-party committee as a whole thought that anybody in such a significant role should not be taking any party Whip when it came to activities within Parliament.
Our report has shed light on the very widespread concerns that exist. The challenges in HE are intensifying and are very real indeed. The OfS is now beginning to recognise that some of the issues we raise are pertinent and need attention, but the challenges facing the sector are very significant. I have long believed, and have said for many years, that pre-legislative scrutiny is helpful to Parliament and to government in getting things right. What we have never done is sufficient post-legislative scrutiny; I have now suggested to our committee that we should do post-report scrutiny to see whether our committee’s report has had a real impact and made a difference. I think it is beginning to, but the committee will return to this issue to try to make sure that the OfS improves its performance.
Any regulator must undertake a significant sector engagement programme, in this case including ongoing dialogue with students and providers. This does not mean that everyone at all times necessarily likes what needs to be said, but openness and engagement matter to any public body or regulator—and, of course, this is no exception.
We live in challenging times for higher education. Events have highlighted a range of issues for the sector and the outlook for the financial sustainability of higher education has worsened, though the sector itself predicts some, albeit limited, improvement in the short term. This is a topic on which I have had a number of conversations with the noble Lord, Lord Willetts. I do not know what comments he plans to make today, but his advice to me and ongoing support are much appreciated and I recognise his quite exceptional knowledge of the workings of the higher educational sector.
The Higher Education (Freedom of Speech) Act means that matters of free speech at higher education providers will fall under a new regime and, for the first time, student unions will also be regulated. This comes at a time of increased debate over issues such as current events in the Middle East, in particular, which can lead to quite passionate views being held and expressed. They can also lead to tensions, and it is no small task getting the balance of that regulation right. It is important that the will of Parliament is reflected, given that the Act was passed by Parliament and the requirements created in legislation, and that the correct approach is taken.
I look forward to the comments of the noble Lord, Lord Mann. I do not know what he plans to say today but, if he touches on some of his excellent work in the area of anti-Semitism, I am sure that will be of interest to noble Lords and certainly to me. Similarly, protection from harassment and sexual misconduct is a live topic and must be seen in tandem with the free-speech debate changes that are to come. The student interest is central to all this and must of course remain so in the future.
I have to be careful not to stray into what may breach convention. As much as I would like to say a lot more, these brief points are very general as a result. It is for the Minister to respond and I look forward to her contribution. It is, though, reassuring to see the continued interest in the future of higher education from across this House. I know that many in the broader higher education community will be listening to what is said today with interest, and that the words of noble Lords in here will certainly have an impact outside this place.
With that in mind, I start with the three ideas that I want to propose. First, it is important to bear in mind that we need to find new sources of revenue. I will talk about overseas students in a minute. I do not like the category of overseas students, and I find the division between domestic and overseas dangerously colonial. I have objected to this in the past in writing and shall do so today, but that is a different story.
The first thing is that we need to find new sources of revenue. This can come from not only going out and getting new sources of revenue but cutting down on our expenditure. I must say that some universities—some of those that have gone bankrupt or have been talking about passing through a budget deficit—have not been administratively competent. We need to look at ourselves and ask whether universities have been administratively competent and whether university salaries have been manageable. I hate to say all this but, when vice-chancellors collect about £350,000, I ask myself, “Is this the real world in which I live?”. When I went out to India as a vice-chancellor, I did not get a penny because the vice-chancellor was supposed to be sinecure. They are retired professors and eminent people so they serve for free. Here, vice-chancellors fatten themselves off the backs of their university colleagues. The first question to ask ourselves is this: is there no room for reducing our expenditure before we talk about ways to raise revenue? That is point number one.
On point number two, higher education is a basic medium for structuring the relations of power and status between different social groups. It is through higher education that one acquires a certain status, money and power. There are people in any society—certainly in our society—who have never been to university, who are poor and marginalised. The question then is: what is being done about them? In any fair system of higher education there must be a provision for the poor, the marginalised and those who have never been to university.
Therefore, the fees we charge students should be progressive, in the sense of being proportionate to the parental capacity to pay. This is how things happen in many parts of the world, including provision for the blacks in the United States. It should be possible for us to say that people earning less than a certain amount of money or who have never been to university do not pay any fee or maintenance fee. As for the rest, they can be taken care of by the loan system that we operate, provided it is opened up in such a way that the period for repayment is extended over a period of time and the conditions of return are not so harsh.
This second point is important. I really want to emphasise this: there are people in any society for whom it should be possible for us to give a complete freeship—no tuition fee, no maintenance fee. That kind of provision has to be made in a society, otherwise you have a society that is totally unfair.
The third point I want to make is on the distinction between domestic and overseas students. I do not know how it came to be made. In many countries there is no such distinction. The noble Lord, Lord Willetts, will correct me if I am wrong, but I think there is no differential fee between domestic and overseas students in Germany; it is the same fee. There are other countries where the same fee is charged to domestic and overseas students.
In the mid-1970s, we introduced this distinction between domestic and overseas students. I may be mistaken, but that seems to be when it came into our vocabulary. What does it mean? It means “ours” and “theirs”. These are our students; we look after them. Over there are “they”, whom we do not have to look after; they come to us. The stereotype is that they are rich and loaded with money, so we can raise their fees. There is no limit to how much we can raise their fees, whereas with ours we have to be careful. The Government have to make sure that our students’ fees are not increased beyond a certain point.
This distinction between ours and theirs—between domestic students, which we even call home students, and overseas students—is dangerously similar to the colonial distinction between our country and one over there. If I may say so, it smacks of the spirit of some degree of mean nationalism: that our people will benefit at the expense of them, so when we have overseas students we make sure they pay the salary of the redundant staff. I have been told that five overseas students means one lecturer. When I first heard this I was alarmed. I was asked by my vice-chancellor at the University of Hull, “Look, can you not recruit five students? You’ll save the job of one university lecturer”. I almost felt that I was being blackmailed into saving the job of a young lecturer by recruiting five students. We need to be careful.
The other thing is that we have become so harsh. Our attitude to overseas students is totally ambivalent and confused. At one level we want them, because one student means a fifth of a lecturer’s salary or whatever. At another level, we put overseas students in the category of immigrants. We put all kinds of restrictions on visas for graduate students coming to us. We say, “They can work” or, “They cannot work”, and create all kinds of wretched complexities. On the one hand we seem to resent them, while on the other hand we are anxious to have them. Where do we stand?
I go to India fairly often every year, and I am confronted by Ministers and others who ask me, “What is Britain’s attitude to overseas students?”. Do we want them, as the Americans do—or did until recently—when the doors are open and all kinds of facilities are thrown open? The Australians do that; Australia is now taking many of our students. What is Britain’s attitude? Do we want them or not? If we do, are we being hospitable to them or are we going to be mean in terms of not wanting them, putting all kinds of restrictions on the number of visas and increasing the minimum amount of money that they should earn before they can qualify? All these categories with which we play around have been dangerously obnoxious, and I very much hope that we can take a consistent attitude to overseas students, in the sense of welcoming them subject to certain conditions. Certainly, whatever attitude we take, it has to be one on which the nation is agreed, not resentful.
For him, the four standout aspects of our report were:
“the revelations about the place of students in the Office for Students … the criticism of the perceived closeness of the independent regulator to the government of the day … the school playground level approach to the Designated Quality Body question … and the less splashy but deeply concerning suggestion that OfS didn’t really understand the financial problems the sector was facing”.
As regards the DQB question, which the committee explored in some depth, the current approach being taken by the OfS is extremely opaque. We clearly need a regulatory approach to quality to align with international standards. It is clear that the quickest way to get the English system realigned with international good practice would be to reinstate the QAA—an internationally recognised agency. Most of us cannot understand what seems to be the implacable hostility of the OfS to the QAA.
It is notable that the OfS, perhaps stung by the committee’s report, has now belatedly woken up to the fragility of the sector’s financial model and the fact that the future of the overseas student intake is central to financial underpinning. In its 2023 report on the financial sustainability of HE providers, the OfS confirmed that the
“overreliance on international student recruitment is a material risk for many types of providers where a sudden decline or interruption to international fees could trigger sustainability concerns”
and
“result in some providers having to make significant changes to their operating model or face a material risk of closure”.
Advice that they need to change their funding model and diversify their revenue streams is not particularly helpful, given the options available.
The Migration Advisory Committee’s Rapid Review of the Graduate Route, published last week—which recommends retaining the graduate visa on its current terms and reports that the graduate route is achieving the objectives set for it by the Government, finding
“no evidence of any significant abuse”—
is therefore of crucial importance. There is absolutely no doubt about the importance of the work study visa to the sector and the broader UK economy. In answer to the question from the noble Lord, Lord Parekh, we want it, and I hope that the OfS will play its part in trying to persuade the Government to retain it.
The Wonkhe blog also asks the fundamental question about the Government’s response regarding the regulatory burden on higher education. I hope the Minister can tell us: do the Government think it necessary and acceptable to keep ratcheting up regulation on universities? We are going in the wrong direction. Additional resource is required to monitor and provide returns in a whole variety of areas, such as the new freedom of speech requirements.
With the extraordinary contribution that universities make to society, communities and the economy as a whole, will university regulation benefit from the proposals set out in Smarter Regulation: Delivering a Regulatory Environment for Innovation, Investment and Growth, the Government’s recent White Paper? We will discuss this in a future debate on the response to our subsequent report, Who Watches the Watchdogs? For instance, the White Paper proposes the adoption of
“a culture of world-class service”
in how regulators undertake their day-to-day activities, and the adoption by all government departments of the
“10 principles of smarter regulation”.
It says:
“All government departmental annual reports must also set out the total costs and benefits of each significant regulation introduced that year”,
and says that the Government will
“strengthen the role of the Regulatory Policy Committee and the Better Regulation Framework, improve the assessment and scrutiny of the costs of regulation, and encourage non-regulatory alternatives”.
It says:
“The government will launch a Regulators Council to improve strategic dialogue between regulators and government, alongside monitoring the effectiveness of policy and strategic guidance issued”.
Finally, it says that
“it is up to the government to better assess its regulatory agenda, to try to understand the cost of its regulation on business and society”.
What is not to like, in the context of higher education regulation? Will all this be applied to the work of the OfS?
That all said, I welcome some of the way in which the OfS, if not the Government, has responded to our report. There is an air approaching contrition, in particular regarding engagement with both students and higher education providers. I welcome the OfS reviewing its approach to student engagement, empowering the student panel to raise issues that are important to students and increasing engagement with universities and colleges to improve sector relations.
As regards the Government, a dialling down of their rhetoric continually undermining higher education, a pledge to ration ministerial directions given to the OfS, and putting university finances on a more sustainable, long-term footing would be welcome.
It is clear that continued scrutiny and evaluation— I very much liked what the noble Baroness, Lady Taylor, had to say about post-scrutiny reporting—will be essential to ensure that both government and OfS actions after their responses effectively address the underlying issues raised in our report. Sad to say, I do not think that the sector is holding its breath in the meantime.
On the OfS, the committee has produced a powerful and hard-hitting report. As it in essence argues, and as we have heard, the Office for Students has not lived up to its name. However, as the committee also recognises, there has been “a proliferation of regulators”—a virtual alphabet soup of bodies—in the sector, which has just added to the regulatory burden. The more regulators there are, the greater the chilling effect on universities, not to mention the demand on resources. As the noble Baroness, Lady Taylor, mentioned, research commissioned last year by Universities UK found that, on average, a university has almost 18 full-time equivalent staff dedicated solely to regulatory compliance. That is bigger than many university departments. Universities are meant to be autonomous institutions and are encouraged to be innovative, but they are notably risk averse and tend to treat guidance from regulators as fixed law, which some will then gold plate. Like the committee, I welcome the fact that the Government recognised the problem and intend to tackle it. I look forward to the findings of the review due this summer.
However, the principal value of the report is in demonstrating what is missing. The OfS lacks the power and, arguably, the mindset for enabling universities to thrive. That mindset may change but the OfS cannot expand its own powers. As we have heard, it has just published its report, in which it recognises the crisis facing universities. It is pressing them to have realistic funding models but it lacks the capacity to do much beyond that, not least in terms of protecting students in the event of some institutions failing. The Government have the power to help universities but appear to have gone AWOL. The Government constitute a significant part of the solution but they first have to recognise that they are a major part of the problem.
The report before us is hard-hitting and I endorse its recommendations. I very much agree with the argument on accountability. There need to be clearer lines of accountability. It may benefit government that the lines are not too clear, enabling it to eschew responsibility. I also very much agree with the recommendations on quality assurance. As we have heard, that is a task for the QAA or a similar body, not the OfS. We cannot continue with a situation where England, unlike the rest of the UK, is not aligned with internationally recognised standards.
I welcome the recognition that the OfS and government adopt narrow means of assessing the value of degrees. There remains a tendency to see graduates as economic units, with metrics that fail to reflect the value to the individual and to society, as well as the fact that it is difficult to measure economic value when we do not know what form future jobs will take.
The principal problem, though, is to be found in the Government’s response to the report. There is a tendency to ascribe responsibility to the OfS for problems that require action on the part of government. The OfS does not have the capacity to deal with the problems that it recognises now face the sector. Its recent report highlights the risks and the fact that some HE institutions have been overly optimistic in their planning assumptions. It also acknowledges the decline in the real-term value of income from UK undergraduates. Universities are having to subsidise the teaching of home students with income from overseas students.
In their response, the Government recognise the value of overseas students. As the response says, they
“bring significant economic and social benefits to the UK”.
The response welcomes the fact that universities are seeking to diversify their recruitment of international students. It then goes on to say:
“The UK continues to be an extremely attractive destination for international students, with an array of world-class universities, a competitive post-study work offer in the Graduate Route and a welcoming environment”.
That no longer bears a relationship to the reality. The Government have contributed to a chilling environment for overseas students based on presumption rather than fact regarding the graduate visa route. This has been exacerbated by the comments of some Members of the other place. The Migration Advisory Committee found little evidence of abuse of the system and that it was not undermining the quality of the UK higher education system.
It is not just universities that benefit from attracting overseas students, in terms of funding and contributions to research, but local economies; many local businesses are dependent on student patronage. There is also the long-term effect on trade. The export of higher education contributes significantly to the UK economy as well as to the UK’s global reach in terms of soft power. Overseas students are not taking the place of home students. The benefits are substantial—a fact recognised by the public. A recent Survation survey found that the public recognise the value of recruiting overseas students and support the retention of the graduate visa route.
People appear to recognise what separates overseas students from people who migrate to the UK. First, they pay to be here; secondly, they go home. Most return to their home country and contribute to its development. The UK benefits all round: the Treasury, the Foreign Office and the Department for Education all appear to recognise the value, but that benefit is disappearing. Applications from overseas students are declining. The Government are sending out completely the wrong signals.
The Government say there is overreliance on overseas students but make no acknowledgement of the fact that they are in large measure responsible for that situation. Despite inflation, the student fee has remained unchanged, so overseas student fees are needed to subsidise home students. The decline in recruitment of overseas students puts HE institutions in a difficult situation. Yet the Government act as if entirely detached from what is happening, putting responsibility on the OfS to monitor what is happening. That is unfair on the OfS.
The OfS can be more resilient and supportive in its approach, but it is the Government who need to act, and swiftly. Their response to the committee’s report is dripping in complacency. Basically, they are monitoring the situation, saying:
“The government keeps the HE system under review … and … plans to consider”
the funding position
“ahead of the next Spending Review”.
There is no self-reflection and no active recognition of their responsibilities to maintain a healthy HE sector.
I trust that my noble friend Lady Barran will not take up time telling us how good the HE sector is—we already know that—but instead devote her time to saying precisely what action the Government are taking, in relation to not just the Office for Students but the second part of the title of the committee’s report: “the looming crisis facing higher education”. Recognising that there is a crisis is necessary but it is not sufficient. What will the Government do, that otherwise they would not have done, because of this excellent report? That will be the measure of what my noble friend says.
This financial strain impacts on students’ education and university experience. Many students, facing significant gaps between their loan income and expenses, must work to subsidise their costs, often taking on more hours than recommended or feasible for full-time study. Opinium’s 2023 poll of 1,000 university students across the UK found that seven in 10 students have considered dropping out of higher education since starting their degree, with nearly two-fifths citing rising living costs as the main reason. Research by COSMO—the COVID Social Mobility and Opportunities study—also shows that young people from working-class families are more likely to forgo university because they cannot afford it. Here I echo the second point from the noble Lord, Lord Parekh.
Maintenance grants, which provided non-repayable financial support to students from lower-income households and helped mitigate financial barriers to higher education, were abolished in 2016. Under the current system in England, the poorest students incur the highest level of debt. England is the only UK nation without some form of maintenance grant provision for students. As Victoria Tolmie-Loverseed, assistant chief executive at Unipol, said:
“We risk excluding those from poorer backgrounds, forcing middle-income students to take on unsustainable debts, and damaging the student experience for all”.
Another issue identified in the committee’s report was the OfS’s method of evaluating value for money through its student survey results, which was described as “simplistic and narrow”, particularly due to its focus on employment outcomes. This focus on employment outcomes—specifically the jobs that graduates hold just 15 months after finishing their studies—disadvantages creative degrees. The regulator uses these outcomes to measure a degree’s value for money but, as noted in the House of Lords Library briefing, the current measure fails to reflect the value of creative degrees.
Outcomes are important, and it is crucial that universities equip students with the skills they need to succeed. However, this narrow focus overlooks a wide range of valuable outcomes and fails to recognise the unique nature of the creative industries, where many creative graduates find employment. The creative sector is characterised by a high proportion of start-ups and micro-businesses, with graduates often experiencing non-linear career paths, frequently working freelance or on short-term contracts. Graduates may also work part-time while pursuing creative endeavours or building portfolios. Self-employment accounts for 32% of creative industry employment in the UK, compared with 16% for the economy more broadly. Therefore, measuring employment outcomes at a fixed point shortly after graduation is ineffective for determining the success of creative degrees.
This narrow measure has also contributed to the perception of creative higher education as offering low-value and poor-quality courses, despite these degrees being crucial to the UK’s creative industries and the economy. The University of the Arts London, which nurtures the largest talent pipeline to the creative industries, with 22,000 students from 130 countries, advocates for a change in how the Office for Students measures high-quality provision, suggesting a broader approach beyond just graduate outcomes. This should involve a sector-wide dialogue with the Government and the regulator to develop a more holistic way of measuring the value of higher education. At the very least, the context of the non-linear careers of creative graduates should be considered.
The Government urgently need to review higher education funding. Additionally, they should embark on a major reform of the student maintenance system, and rapidly improve how student outcomes are measured by undertaking and publishing a review of this area.
Just to take us back a little, the fight about the OfS was actually about the change from a funding council acting on behalf of providers to an independent market regulator looking out for the student interest. This shift, as the OfS’s brilliant first chair Michael Barber noted in his evidence to the committee, was very much overdue given the massification of the sector and the change in the tuition and maintenance funding regime from one of government grants to income-contingent loans. My view is that for as long as we have a mass higher education system, as we will have, and this system of funding—to my mind, these two things are very closely and inseparably linked—we will need an independent market regulator rather than a funding council model.
Many in the sector and perhaps in this place might romanticise the Higher Education Funding Council for England. Indeed, there was a lot that was great about it, including its formidable last chief executive, Madeleine Atkins. But of course, by the middle of the last decade it had long passed its sell-by date as a mode of regulation for the sector. Indeed, in some senses it did not even recognise itself as a regulator. It came out of the University Grants Committee model, which was suited to a very different world of very small, limited tertiary participation and a much smaller, narrower system of university providers.
HEFCE was good for a world that had passed, but it was no longer fit for purpose for an era of mass higher education. Its function was very limited: to spread available grant funding around the providers in the system to ensure that everybody got a fair crack at the funding that the Treasury was making available. What HEFCE was not effective at was acting as a regulator to promote quality, choice and competition in the student and taxpayer interest. It is not going too far to say that there is a general consensus that, by the end, HEFCE had become essentially captured by the sector and urgently needed reform.
That is the backdrop to why the OfS was set up. Of course, this was not a popular change in the sector. The battles leading up to the passage of the Higher Education and Research Act 2017 were ferocious. It was one of the most heavily amended bits of legislation in recent memory. We should not ignore all that history, including the way the sector and its outriders lobbied hard against the new accountability regime that the Office for Students represented. To some extent, there are undertones of all that lingering around today at the five-year to six-year mark.
The creation of the OfS represented a move away from co-regulation to something that is much sharper and has greater consequences for institutions that deliver poor quality and poor student outcomes. All the stuff about co-regulation and how it is a better approach is, to my mind, a thinly disguised plea for self-regulation—a stance that I do not think any party in government will return to. As I said at the start, as long as we have a mass higher education system funded by a system of income-contingent loans—we will have this for the foreseeable future because it is the least bad system and is the only game in town from a fiscal perspective—we will need an organisation such the OfS acting in the student and taxpayer interest.
As Michael Barber told the committee, many universities thought that, notwithstanding the clarity of its legal duties, the OfS would be HEFCE under another name. They were very wrong and were surprised to discover that it was different. Some in the sector might think that, if they undermine the OfS enough and throw enough mud at it, they will suddenly get nice old HEFCE back, with its big pot of grant money administering the teaching grant and a system of student number controls that constrains competition and choice and allocates students to providers on the basis of government quotas. That is highly undesirable as an objective and highly unlikely to arise as government policy.
Even in the unlikely event that a future Government did want to replace our current funding system of income-contingent loans and return to a world of grants, they would still want an independent regulator to ensure value for money for taxpayers and hold universities to account for quality and outcomes in a mass higher education system in pretty much the same way the Office for Students does. Although the student focus of the regulator might change in such a scenario, I do not believe that any Government will return to the funding council model of the past.
Respectfully, I disagree with the report’s main contention that the Office for Students is performing poorly. To be honest, I think that Michael Barber and Nicola Dandridge did a brilliant job in leading the establishment of the new regulator in very difficult conditions, which their capable successors are continuing. I remind Members that its initial priority was to set up the new organisation. It managed the considerable task of registering a large numbers of providers at pace and putting in place the new regulatory framework in its first strategy. It then coped admirably with the challenges of the pandemic, suspending some of its regulatory requirements while providers adapted to the changed environment.
In its second strategy, the OfS has moved on to focus on quality. This has seen it reset the TEF, toughen up the B3 outcomes metrics, and reset the indicators for non-continuation, completion and progression. Again, that has generated a fair amount of angst in the sector, but this is absolutely necessary in terms of both the student interest and upholding quality and standards in the sector.
I do not want people to think that I am just a lackey praising the OfS without any self-awareness or criticism. I recognise that it has problems and is not in all respects operating as well as it might. I will be brief: there are three areas that I would focus on. The first is the question of distance from government. The problem here is not the OfS but the DfE—I say that with all respect to the Minister. The problem is clearly Ministers. It is also about where universities sit in government. The mistake is to have universities in the Department for Education, which does not understand institutional autonomy and treats universities like failing schools. My noble friend Lord Willetts made the point before.
In his great report on higher education sometime in the early 1960s, Lionel Robbins warned against moving universities to the education department because he feared that such an interventionist department would not understand or value the autonomy of universities. His warning has proved sadly accurate. The DfE treats universities like poorly performing secondary schools and now intervenes in them so much that the Office for National Statistics may well propose bringing universities back into the public sector.
When I was working on the HERA legislation, I was lucky enough to be Minister for both universities and science, like my noble friend Lord Willetts was when he was in the other place, with responsibility for both aspects of government policy towards the sector. That coherence has to some extent been lost by the move to the DfE and the splitting of ministerial responsibility in that way. It would be preferable to have universities back in a growth department of government, such as the business department or the new DSIT, where universities would be reunited with the rest of the research base.
The layering on of ever more conditions of registration has become slightly crazy. Ministers should adopt a self-denying ordinance of one in, one out—or better still, one in, two out.
My second area for improvement is that the Office for Students has to do much more to support innovation and promote new forms of provision. Now that it has established its bona fides as a tough and independent market regulator it has space to address parts of the role that Parliament has given it that have been neglected in the first five years. New providers—I have been intimately involved with a number—have been stunned by the bureaucracy they encounter in trying to get on to the register and establish new modes of provision. The consultants they have to recruit to advise them tell them that to succeed with the OfS they must, above all, look as much like an established university as possible. This is hardly the recipe for innovation that we want in our system.
My final point is that the Office for Students must make a real go of the lifelong learning entitlement. This policy is flailing at the moment. I think the name of the Office for Students should change to the office for lifelong learning, and it should grip this policy urgently so that it has a fighting chance of delivering the skills revolution that Ministers say they want for it. The detail of how that might work is for another day but that is an urgent priority.
I urge anyone in this Room who believes that the solution to the sector’s troubles is to attack and dismantle the Office for Students to think again. A strong regulator that enjoys the confidence and trust of the sector and of government is vital to the future of our HE system. Everyone should focus on working hard to that end.
Over the past 30 years, we have driven Holocaust deniers out of any legitimate space for debate. The current flaw in the guidance that is circulating risks throwing away that agreed rejection of the falsification of the murder of 6 million Jewish men, women and children, and many more Nazi victims. When this legislation was going through, the Minister at the time stated that there would be an explicit—I repeat the word “explicit”—rejection of Holocaust denial, but that has not been forthcoming from the OfS. That is contrary to the promises made by the Government, in all good faith, to the House during the progress of the freedom of speech Bill.
It is not legitimate to intimidate and harass Jewish students in the name of free speech. The OfS’s director for freedom of speech and academic freedom, Professor Arif Ahmed, has been one of the leading critics of the IHRA definition of anti-Semitism, which this Government were the first in the world to adopt in 2017, and which has been adopted by all political parties represented at Westminster to great impact and positive effect. The current proposals are likely to lead to some universities revoking their use of the IHRA definition as a reference point in looking at anti-Semitism. Jewish communal organisations in this country united in supporting the Government when they adopted the IHRA definition in 2017. It is a globally agreed definition, and there are no credible examples at all—not a single one—of its use in our universities prohibiting or restricting in any way any freedom of expression or of academic study, but it will fall foul of the guidance as it currently stands.
The advice as it stands will also stop the mandating of most forms of training on anti-Semitism, despite the fact that the Department for Education has tendered such work for contract in recent months. It will impede universities’ ability to take action against those who intimidate, ostracise and harass Jewish students and staff. The crux of the problem for universities will then be that this approach of purist free speech, to which the guidance currently works, will lead to aggressive legal actions against universities. This will distract universities from their core role and divert their attention away from safeguarding and strengthening intercommunity relations in the university population, which become more important and more prescient by the month. I put it to the Minister that the proposed regulatory advice is not fit for purpose and that the negatives that will impact will be detrimental to Jewish students.
I listened to the noble Lord, Lord Johnson. One of the purposes of the Office for Students was to be for students. Jewish students are entitled to that right alongside—no more than but no less than—any other group of students. The safeguards that universities are using at the moment are needed now more, not less, than ever before, and have generally been working. This current draft, on which consultation is about to end and which is to be enacted by 1 August, needs a fundamental rethink. Jewish students across the country have indicated in great detail their serious concerns about how the guidance will operate. I endorse their concerns. I suggest that the Government pause the enactment of the free speech Act until these issues have been resolved.
I offer my services, as well as those of others who have worked in this field in great detail over recent years, to try to ensure that government policy on the equitable treatment of Jewish students and the objectives of the OfS can be brought together in a way that has practical application and does not undermine the good work that has gone on in universities in challenging the scourge of anti-Semitism and protecting both Jewish students and Jewish staff.
Higher Education (Industry and Regulators… · Order Paper · Order Paper