My Lords, I speak in favour of Amendments 251, 252, 259 and 260. In doing so, I very much echo the thoughts of the noble Lord, Lord Norton of Louth. These amendments would remove the probationary powers provisions and put a higher test before universities could award degrees. I tabled these amendments because the Government have seriously underestimated the risk to the reputation of the university sector in what they are doing. Collectively, we need to
safeguard this reputation and to require that the OfS or a separate body—as has just been proposed—has the necessary confidence that the organisation to which it is granting degree-awarding powers has the capability to do this on an enduring basis.
I ask noble Lords to put themselves in the position of a student, either in this country or abroad, who comes across the word “probation”. They might wonder what the word means and look at the dictionary here. What the dictionary says is that it relates,
“to a process of testing or observing the character or abilities of a person who is new to a role or job”,
or,
“relating to the release of an offender from detention subject to a period of good behaviour under supervision”.
I venture to suggest that not many students would be reassured by that definition and by the prospect of undertaking a degree at the end of which it would be possible for the whole institution to be found inadequate in its requirements, which must be a possibility under the very definition of these provisions. The term “probationary” is wrong and the concept of “probationary” is wrong. We should, instead, insist that anybody in a position to award degrees is able to do so with an enduring capability. This is a crucial point and it is unfortunate that we are coming to it so late in the evening, because I believe it to be fundamental.
The question your Lordships might ask is: what problem is trying to be solved? I am strongly in favour of new market entry and improving the validating process where it needs improving, but where is the body of evidence that justifies the introduction of probationary degrees? I cannot find it. I have looked carefully at the documents produced on Friday by the Minister, which were very helpful. Page 7 of the factsheet on the validation process refers to “anecdotal evidence”. I suggest that we as the House of Lords should not take our decisions on the basis of anecdotal evidence.
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I also raise the question of whether there are any factual consequences of the current validation process. Here, I turn to the other document we received. Page 1 says:
“The role of incumbents in the current system also risks limiting innovation. Providers may be hesitant to validate courses that do not conform to their usual modes of delivery, entrenching existing models of higher education”.
Here is the point:
“For example, new providers wanting to offer accelerated degrees may find that established providers that mostly deliver traditional, full-time, three-year degrees are not prepared to validate their courses. We can see this happening already: the share of undergraduate students in English HEIs doing typical full- time first degrees has increased from 65% in 2010/11 to 78% in 2014/15”.
I do not think anybody who understands the higher education sector properly would think that that shift to full-time degrees is the consequence of validation. It is entirely a consequence of the way funding works for students. The evidence we have is either anecdotal or, in relation to any facts quoted here, fundamentally wrong.
This part of the Bill is deeply flawed. It needs to be rethought and reviewed fundamentally.