Clause 30 - General duties of relevant authority

Part of Higher Education Bill – in a Public Bill Committee at 11:15 am on 4 March 2004.

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Photo of Jonathan R Shaw Jonathan R Shaw Labour, Chatham and Aylesford 11:15, 4 March 2004

I believe that the proposals in the draft guidance have helped universities to understand what they can expect from OFFA and what it will expect them to do to widen participation. I do not think that they have much to fear. However, I am concerned that we are giving assurances that OFFA will have a light touch and that it will not be draconian, but subsection (1)(b) gives it carte blanche. It says:

''The Director must . . . in the performance of those functions, have regard to any guidance given to him by the Secretary of State.''

Conservative Members may agree with me. I have no intention of pressing the matter to a Division, but will the Minister say why he believes it necessary to have such a potentially draconian piece of legislation that will give the director of fair access carte blanche? To set up OFFA and to issue guidance is one thing, but to say ''any guidance'' is causing universities concern. As someone said to me, it is like having a dog but wanting to bark oneself. Will the Minister say why such a provision is so necessary? Setting up OFFA is the right way forward, but it needs to have a light touch, and the legislation should reflect that. I am slightly concerned that the provision goes too far.