Clause 11 - Qualifying institutions
Higher Education Bill
4:16 pm

Photo of Mr Tim Collins

Mr Tim Collins (Westmorland and Lonsdale, Conservative)

I beg to move amendment No. 122, in

clause 11, page 5, line 10, leave out paragraph (d).

This is a probing amendment to enable us to discuss the Government's intentions on the scope of the qualifying institutions. We have moved from part 1 to part 2 and it is important to have an early discussion about the Government's provisions relating to a new system for reviewing student complaints. The starting point, as with so much else in the Bill, is the White Paper published a little more than a year ago, which, at paragraph 4.11, states:

''Reforms to give students a greater voice must include providing them with a fair, open, and transparent means of redress when things go wrong''.

We would all agree with that unexceptional statement. It continues:

''Last Autumn''—

that was autumn 2002—

''the sector was consulted on the establishment of an independent review of student complaints. The consultation revealed that there was substantial support from HEIs for an independent adjudicator to hear student complaints, and recognition that ultimately legislation would be needed to underpin whatever arrangements were put in place.''

That was the origin of this part of the Bill. The purpose of my amendment, which would delete paragraph (d), is to obtain some clarification from the Under-Secretary on the Government's intentions relating to scope. In a moment we will debate a Liberal Democrat amendment that would cover further education. However, paragraphs (a), (b) and (c) cover universities and constituent colleges, schools or halls in universities, and

''an institution conducted by a higher education corporation''.

We seek clarification from the Under-Secretary about whether the Government wish that provision to relate to higher education and all higher education students, including those who are pursuing HE courses in FE colleges, or whether they are sympathetic, in a way that will become clearer on debating the later amendment, to those who argue for a spread to cover FE more generally. It is important that we are clear about our terms. Early in the White Paper—on the second page—it says:

''The word 'University' is frequently used, for reading ease, as a substitute for 'Higher Education Institution'.''

I am sure that the Under-Secretary does not need to be reminded that many higher education institutions are not universities. It is important that students should be

clear about whether they have access to this new complaints procedure. I am sure that he will want to address that as and when the measures reach the statute book. However, it would be helpful if, in dealing with our amendment, he could say a word or two about the measures that the Government propose to take—assuming that this part of the Bill reaches the statute book—to publicise the new complaints arrangements and to do so in a way that will enable clarity among students and practitioners of higher education about who is and is not to be covered by the new arrangement.

The Under-Secretary will recognise that it is important, given that complaints can arise in distressing and urgent circumstances, that there is a great deal of clarity about who under the new arrangement will be the person or institution to whom a student in difficulties should turn. It would be helpful if he commented on whether the Government believe that they will have the full-hearted co-operation of all parts of the higher education sector in setting up the new structure.

The Under-Secretary will know that the phraseology used in the White Paper was carefully chosen, because there is a reference to ''substantial support'' from higher education institutions for an independent adjudicator. I read ''substantial'' as rather less than ''universal.'' Since the clause addresses the coverage of these new institutions, and if there are several institutions, as I suspect there are, that have suggested they are not initially persuaded of the merits of the new proposal, now is an opportunity for the Under-Secretary to explain whether he believes that those institutions will none the less seek to implement with enthusiasm and alacrity both the spirit and the letter of any legislation that Parliament chooses to pass.

In tabling the amendment, we seek clarification from the Under-Secretary on exactly which institutions and students he expects to be covered by the measures. What steps does he intend to take to ensure that all those concerned know where the borderlines are and who is are covered by the new institution as and when it is established?

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