The UK government has made a to its Higher Education and Research Bill following fierce opposition from peers in the House of Lords, although most key elements of its drive to create a market via a powerful new regulator remain in place.
Jo Johnson, the universities minister, unveiled the changes in a speech to vice-chancellors at Universities UK on 24 February, ahead of the bill鈥檚 report stage in the House of Lords on 6 March. The government appears to have feared that, without amendments, the legislation was unlikely to make it through the Lords, where it does not have a majority.
Perhaps seeking to deflect attention from the raft of amendments, the government had earlier briefed to the media an announcement about altering the bill to allow the creation of two-year 鈥渇ast-track鈥 degrees, for which institutions could charge higher tuition fees of 拢13,000 a year.
The government had tabled, with Labour Lords higher education spokesman Lord Stevenson of Balmacara, an amendment to ensure that England鈥檚 new regulator, the Office for Students, must 鈥渉ave regard to institutional autonomy in everything it does鈥, said Mr Johnson. This, he added, 鈥渟hould replace鈥 the amendment successfully inserted at the opening of the bill by Labour, Liberal Democrat and cross-bench critics in the Lords, which defined universities in a way that could have limited the extension of university title to new providers.
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Another amendment, he continued, would ensure that the academic standards against which universities were judged will be 鈥渄etermined by鈥 the higher education sector, reflecting UUK鈥檚 concerns about the bill in effect giving the government a role in standards.
Mr Johnson said that the OfS鈥 powers to revoke degree-awarding powers and university title 鈥渁s a last resort鈥 would be clarified in the bill, as being available only in relation to 鈥渟pecific conditions鈥 such as 鈥渟erious quality concerns鈥.
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He said that another change to the bill clarifies that OfS powers to 鈥渁mend鈥 a university鈥檚 Royal Charter when revoking degree-awarding powers 鈥渃ould not be used to revoke that Royal Charter in full鈥.
On the government鈥檚 teaching excellence framework to measure teaching quality, Mr Johnson said that the 鈥渢rial year鈥 would be used as a 鈥済enuine lessons-learned exercise鈥.
He said that the government 鈥渨ill be reviewing鈥he balance between metrics and provider submissions, and the number of names of the ratings鈥. Universities had voiced concerns about plans to rate them 鈥済old鈥, 鈥渟ilver鈥 and 鈥渂ronze鈥.
Mr Johnson added that developing the TEF to subject level was 鈥渃omplex鈥, so the pilot phase of subject-level TEF would be extended by a year, meaning assessments would start in 鈥淭EF year five鈥.
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On the bill鈥檚 plans for the OfS to take over from the Privy Council the regime for entry of new providers, which critics fear could usher poor-quality for-profit providers, Mr Johnson said that an amendment would ensure that the regulator 鈥渕ust take expert advice into account when awarding, varying or revoking degree-awarding powers鈥.
On the creation of UK Research and Innovation to oversee research, the minister said that an amendment would ensure that future governments must have regard to the Haldane principle 鈥 which protects research funding decisions from political interference 鈥 when making grants or directing UKRI.
Dame Julia Goodfellow, UUK president and University of Kent vice-chancellor, called the amendments a 鈥渧ery positive step鈥 that shows that 鈥渢he government has listened to the concerns of the higher education sector around academic standards and the independence of universities鈥.
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