My Lords, I added my name to this amendment on the basis that it seemed to contain some things that were very worthy of discussion. As we have heard, this is obviously a rather controversial area, but it gives us another chance to look closely at what we understand by universities and at what characteristics in them we value.
There is much to support the ongoing role of the Privy Council in the establishment of universities, providing as it does impartiality, expertise and universal standing in the awarding of royal charters. This clause would also allow for Acts of Parliament—but, again, it is open to debate as to whether there should be other sources of authority. There is a general anxiety that there should be authoritative powers to set up new universities because there is a concern that the Bill as it
stands seems to give a fairly free hand for new universities to be set up without necessarily the standards that we have all grown accustomed to.
The other amendments in this group to which I have added my name are all to do with autonomy, which we discussed at great length in the debate on Amendment 1. The success of universities depends on their ability to take their own decisions, so that they can be flexible and responsible to the environment in which they are working and decide for themselves on courses, staffing and admissions. The Bill as drafted includes a number of areas where a future regime could seek to intervene in matters that are for individual institutions. Autonomy has been recognised as providing a key competitive advantage and, indeed, has been identified as a critical factor in making the UK the top performer in the efficiency and effectiveness of public spending in tertiary education. These amendments would enshrine university autonomy in the Bill.
We welcome the Government’s amendment that states:
“Guidance framed by reference to a particular course of study must not guide the OfS to perform a function in a way which prohibits or requires the provision of a particular course of study”.
This addresses concerns about the Government directing individual institutions on which courses they can open or close. However, autonomy is such a fundamental principle of the UK higher education system that we would want the Bill to go further. The amendments in this group enshrine that.