My Lords, I shall speak also to Amendments 129, 130, 131, 137, 167, 168, 169, 170, 180, 184, 206, 210, 214 and 215, to which the noble Baroness, Lady Wolf, and I have put our names. The amendments all relate to the important but distinct areas of quality and standards in higher education provision. We all want high-quality higher education provision delivered innovatively by a diverse range of autonomous providers, and a wide choice of subjects with different learning and teaching delivery approaches suited to students’ different learning styles and assessed in different ways appropriate to the subject and the pedagogical approach. Students should have real choice to select a degree programme that suits them—a programme that suits the time they have available, offers the intensity and style of learning that will enable them to progress, with physical and/or virtual delivery, and allows for future options well beyond those that I have listed.
The wording in the Bill could significantly hinder—unintentionally, I believe, in light of my discussions with the Minister and the Bill team and from reading the technical note on market entry quality assurance—the delivery of such a vision. The problem is that the Bill elides quality and standards. Almost every time a mention of quality appears, it is as “quality and standards”. For example, Clause 13 states that the registration conditions will include,
“a condition relating to the quality of, or the standards applied to, the higher education provided”.
Clause 23 states:
“The OfS may assess … the quality of, and the standards applied to, higher education”.
In Clause 25, the OfS may arrange to give ratings to,
“the quality of, and the standards applied to”.
I promise the Committee that I will not go through any more, but I think I have made the point. I understand that this is a dry and technical area but it is, I repeat, critical. Quality and standards sound very much like the same thing but over the past 20 years they have come to have quite specific and distinct meanings in the higher education quality system, which the technical note indicates that the Bill is not trying to change.
We have had some very engaging quotes in the debates so far. The noble Baroness, Lady Wolf, quoted from a Papal bull. The noble Lord, Lord Sutherland, quoted Wittgenstein. I am afraid I offer your Lordships three very important quotes from the UK Quality Code for Higher Education. The first is the definition of “threshold academic standards” as,
“the minimum acceptable level of achievement that a student has to demonstrate to be eligible for the award of academic credit or a qualification. For equivalent qualifications, the threshold level of achievement is agreed across the UK”.
This agreement is sector-owned. The threshold standard is collectively agreed between higher education providers, facilitated by the QAA. It is then defined in something called the subject benchmark statement, which sets out expectations and defines what can be expected of a graduate in terms of abilities, skills, understanding and competence.
My second quote is the more general definition of standards:
“Academic standards are the standards that individual degree-awarding bodies set and maintain for the award of their academic credit or qualifications. These may exceed the threshold academic standards. They include the standards of performance that a student needs to demonstrate to achieve a particular classification of a qualification”.
Thirdly and finally, I will give your Lordships the definition of quality:
“Academic quality refers to how and how well the higher education provider supports students to enable them to achieve their award”.
In other words, quality is about the systems and processes the provider has in place to support students and ensure that appropriate standards are delivered—and, indeed, can be achieved—by the students.
Ensuring that providers meet threshold academic standards and deliver academic quality is entirely and appropriately the concern of the Office for Students and its quality assessment of higher education providers. Academic standards themselves, on the other hand, including agreeing threshold standards, are and should remain the responsibility of the degree-awarding bodies, as is the case today. Having the OfS control academic standards would be a major infringement of the autonomy of academic institutions and would inhibit innovation and diversity in the provision of higher education qualifications, to the detriment of students.
Only the higher education provider is in a position to use academic judgment on things such as how the student has performed against the requirements of the course in the context of the emphasis or specialism of a particular curriculum, or indeed the stage of competence and understanding in an element of the course that a
student should have reached at any particular point in their studies. Different providers will teach the same subject in different ways with different emphasis and specialism. This provides choice for students and benefits employers; for example, it is good to be able to recruit economists who have specialised in different areas and have developed different approaches to their subject.
The HE sector is very concerned that the Bill allows the Government or the OfS to be involved in determining curricula and standards on individual higher education courses. From my discussions, I really do not think that this is the intention but it can be inferred from the current wording. Amendment 63 and many of the other amendments in this group are intended to remove this inference, giving the OfS oversight of academic quality and ensuring that all providers meet threshold standards, but not giving the OfS an all-embracing responsibility for standards. Indeed, a small addition to the Bill—that is, including the definitions of quality and standards from the QAA quality code—would ensure clarity and provide assurance to the sector.
I hope the Minister will feel able to agree to continue the discussion on the wording of the Bill in these areas to ensure that we get both a rigorous approach to quality and the benefits of an autonomous system of providers responsible for their academic standards. I beg to move.
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