My Lords, I will speak in support of Amendment 65 and give my general support to the other amendments in the group. I first declare my interest as chair of Sheffield Hallam University’s board of governors.
Free institutions are a fundamental part of a truly democratic society. We sadly know that simply having the power to vote is not in itself a guarantee of a democratic and free society—you need only to look at Russia to see an example of that. For me, the issue of free institutions is not simply about the benefit to the institution itself but is fundamental to an open society. That is true of a free press but, in my view, it is equally true of free universities. This has been a fundamental tenet of thinking for a long time. Indeed, there is unanimous agreement across all parties about the issue of institutional autonomy.
The question therefore is: why does the issue arise now? I am afraid that it arises precisely because of the Bill. The noble Lord, Lord Storey, put it well when he said that the Bill itself has raised concerns and questions about institutional autonomy. Yet we would all sign up to the freedom of universities to decide which courses they run, which staff they employ and which students they choose to admit or not admit.
The very particular concern goes to the powers given to the Secretary of State and to the new Office for Students. Others have spoken on this at length and I will not repeat that. However, I will cite three examples that concern me. First, the threshold for the OfS to undertake action against a university is if it appears to the OfS—I emphasise “appears”—that it has breached
the conditions of its registration. Surely that is too broad a basis on which to intervene. Secondly, the Bill gives the OfS the power to search and enter the premises of an HE provider registered with it, subject to a court order. Surely that should be limited to situations where there is a concern about fraud or severe financial mismanagement. It is too open at the moment.
Thirdly, the Bill allows the Secretary of State to frame the guidance given to the OfS by reference to particular courses. As this House will know, that contrasts sharply with the current legislation—the 1992 Act—in which the Secretary of State is specifically forbidden from setting guidance to HEFCE in this way. Those are three very specific examples of why this Bill causes concern.
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I should say straightaway that I have no sense that Ministers are seeking to undermine institutional autonomy. I absolutely accept their assurances that that is not their intent. However, the problem is that that is the effect of the Bill, even if it is not their intent—so we have to address this issue. We cannot give powers to a Government or a government body on the basis that future Ministers will always use those powers well and wisely. We have to be more circumspect than that.
In many ways, my amendment is a simple one, which I really hope Ministers do not object to. It sets out a duty on the Secretary of State and the OfS, when issuing guidance and directions, to uphold the principle of institutional autonomy in the exercise of their powers—very simple. In the amendment, I have defined “institutional autonomy”, but I am perfectly open to alternative wording that might do the same thing. The noble Lord, Lord Willetts, put the point very well that this is an obligation on the Secretary of State and the OfS, not on universities themselves. This is about how the duties of government, if you like, are exercised—and limiting those duties in a way that can be tested in the courts if needed.
We will come later in the Bill to amendments that are specifically about the powers that the Secretary of State and the OfS will be given. I am not suggesting that this amendment alone is enough to address the issue of institutional autonomy. However, in the meantime, it will provide a simple but important safeguard for the way that those duties are exercised. I sincerely hope that the Minister will accept the amendment—or, alternatively, undertake to come back with a very similar amendment when we get to Report. If that is not forthcoming, I think we will return to this issue. It is crucial for this House. Fundamentally, we are at risk of carelessly undermining a vital freedom in this country. We must guard against that very carefully.