My Lords, I thank noble Lords for tabling a set of amendments relating to admissions. By way of preface, I listened carefully to the points made previously by your Lordships about the importance of retaining the independent and autonomous state of higher education providers. Noble Lords will recall that I yearn to see something comparable in Scotland, but I am afraid that we have lost that.
One consequence of independence is that providers are then responsible for their own admissions decisions and, rightly, government has no power to interfere in this area. Universities are best placed to identify the candidates with the talent and potential to succeed at an institution or on a particular course, and the Bill makes it clear that this will continue. Indeed, Clause 2 ensures that the Secretary of State must have regard to the need to protect the freedom of higher education providers to determine their own admissions criteria. Clause 35 carries forward an important requirement from existing legislation that, like the current Director of Fair Access, the OfS will have a duty to protect academic freedom and institutional autonomy over admissions.
No doubt concerns would be raised across this House and the sector about the OfS overstepping its powers if a requirement regarding admissions were included in the Bill, and those concerns would be justified. The OfS will, as part of its broader duties, want to look strategically across the HE sector and to
consider the implications arising from the admissions cycle. However, we would expect the OfS to work with bodies such as UCAS to ensure that the right information was available to inform a broader picture.
UCAS is a charity, established by HE providers, with a clear role in university admissions. It can and already does undertake and publish reports into admissions on behalf of the sector. Through the Bill we are introducing a transparency duty on registered HE providers, requiring them to publish application, offer and drop-out rates broken down by socioeconomic background, ethnicity and gender, and to provide the OfS with these data.
My noble friend Lord Lucas raised post-qualification applications—an issue that has been around for a number of years. As I said earlier, the autonomy of institutions in relation to admissions is enshrined in law. The current system has many strengths, including that prospective students can apply after they have their results, through clearing.
UCAS conducted its own review of the introduction of post-qualification applications and gave a clear recommendation not to move to this system. Should further investigation of the system be desired, it is for higher education providers to instigate it. The OfS could potentially be involved, but I suggest that such a requirement should not be set out in legislation.
The Government agree that part-time and adult education bring enormous benefits to individuals, the economy and employers. Our reforms to part-time learning, advanced learning loans and degree apprenticeships provide significant opportunities for mature students to learn. Allowing new providers to enter the system should result in greater choice of HE provision for part-time and distance learning, which can greatly assist mature learners. Under Clause 2, when carrying out its functions the OfS has a general duty to have regard to the need to promote greater choice and opportunities for students, which would include more choice and opportunities with regard to part-time and mature provision. However, it is important that we keep the duties of the OfS broad and overarching so as not to overburden the organisation and so that we can enable it to function efficiently and flexibly.
Having regard to what I have just said, I very much hope that the noble Lord will feel able to withdraw Amendment 128.