Clause 35 - Enforcement of plans: England

Part of Higher Education Bill – in a Public Bill Committee at 10:45 am on 9 March 2004.

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Photo of Alan Johnson Alan Johnson Minister of State (Education and Skills) (Lifelong Learning, Further and Higher Education) 10:45, 9 March 2004

I hope that I can give the Committee the assurance that it seeks. My hon. Friend's amendment would make it explicit that the director in

England and the designated authority in Wales could enforce plans only in accordance with the powers in clauses 35 and 36 respectively. I am in a kindly, giving mood today, but, unfortunately, I cannot accept the amendment, even though I accept much of his advice on such issues, because the Bill provides for no enforcement powers other than those in clauses 35 and 36. I do not oppose the principle behind the amendment, but it is unnecessary. Let me reassure the Committee by setting out in some detail why that is the case.

Access plans in England will be enforced by the director, who will direct HEFCE or the Teacher Training Agency to impose a financial sanction on the institution and/or director who refuses to renew an institution's access plan. Those—and only those—are the sanctions that the director can apply if institutions breach their access plans. The director will have to comply with provisions in regulations on enforcing plans.

Let me clarify the concern that institutions might be exposed to enforcement on two fronts—from the director or from a student issuing a complaint. I assure my hon. Friend that, although the plan will benefit students considerably and will rightly be a public document, it will not give students or prospective students additional legal rights. Enforcing the plan is a matter between the director and the institution. Student complaints will be based on their contract with the institution, and the plans will not give students or prospective students new legal rights. Nor do they relate to the quality of the student experience, to take up the point raised by the hon. Member for Harrogate and Knaresborough. In fact, part of the White Paper process is the issuing of the new, comprehensive student guide, which will make clear the quality of each course at each institution, as judged by final-year students the year before the applicants apply. There will, therefore, be measures of quality, but the issue of quality will lie outside the access plan and students will be able to complain about quality in the way that they do now.