After 700 amendments and some heated debates, the Higher Education and Research Bill finally became law last week. Birkbeck’s Policy Communications Officer, Fiona MacLeod, has followed its parliamentary progress from First Reading to last week’s ‘ping-pong’ between the two Houses of Parliament, and outlines what changes it will bring to the Higher Education sector.
The Higher Education and Research Bill ended its lengthy passage through Parliament last week and is now law. With both Houses agreeing on the exact wording of the Bill, it received Royal Assent on Thursday 27 May with a flourish of Norman French – a declaration that ‘La Reyne le veult’ – to become the Higher Education and Research Act 2017.

The ‘ping-pong’ process between Commons and Lords to agree a final version of the Bill began the day before, when MPs rejected earlier amendments made in the Lords and agreed a raft of new Government amendments in lieu. These final amendments were designed to achieve compromises acceptable to Peers and get the Bill passed speedily before Parliament’s formal dissolution this week ahead of the 8 June General Election.

The 2017 Act has been hailed as ‘the most important legislation for the sector in 25 years’ but getting it to this point involved more than 700 amendments and some major concessions from the Government.   So what key changes to UK higher education does the 2017 Act bring?

The Act establishes a new regulatory body, the Office for Students (OfS), to replace the Higher Education Funding Council for England (Hefce), and integrates the UK’s seven research councils into a new body called United Kingdom Research and Innovation (UKRI).

Among its regulatory changes, the Act will make it easier for new higher education providers to gain degree awarding powers and university status, while the OfS will implement a new mechanism to recognise and reward high-quality teaching, already underway, known as the Teaching Excellence Framework (TEF).

The TEF will rate universities as Gold, Silver or Bronze, and results of the initial TEF trial will be published in June.  The TEF will be used to set university tuition fees, but any differentiation of fees based on its controversial Olympic medal-style ratings will not happen until 2020/21. Until then, future increases in fee limits – in line with inflation – for universities participating in the TEF will require the approval of both Houses of Parliament.

The Act also requires an independent review of the TEF in 2018 which will look at how ratings are decided and what they should be called; whether the metrics used are appropriate; the TEF’s impact on institutions and indeed whether the TEF is in the public interest. This goes further than the earlier ‘lessons learned’ exercise offered by the Government. The review’s conclusions will be considered before the 2020 timeframe for fee differentiation based on TEF ratings. The Act ensures the TEF can’t be used to limit international student recruitment figures and will require institutions to publish specific data deemed ‘helpful’ for international students.

For Birkbeck, a major problem with the early draft of the Bill was its failure to reference part-time study and its importance for the country’s future skills needs. It also failed to recognise the particular needs of mature or part-time learners when outlining the future role of the OfS.  Working with MPs and Peers, including College President Baroness Bakewell and Liberal Democrat peer Baroness Garden, Birkbeck lobbied successfully to gain explicit recognition of part-time study in the Bill; the OfS will be required to promote choice in the way university courses are taught, including part-time study, distance learning and accelerated courses.

We’re also pleased that the Act will help make alternative methods of financing available to those unable to take out student loans, including for those who require ‘Sharia-compliant’ finance.

The OfS will be responsible for quality and standards in the HE sector and will absorb the work of the Office for Fair Access.  Universities will be required to publish information about the fairness of their admissions as well as information that might be ‘helpful to international students’.

The Act also confirms that International students will continue to be included in the net migration target. Media reports suggesting that the Prime Minister was softening her stance on this in order to get the Bill passed proved to be inaccurate, and Peers reluctantly accepted the status quo.

Among other hotly debated aspects of the Bill, the Act confirms that University title, even those granted by Royal Charter, can be removed by Government.  But the Secretary of State will have to consult representative bodies of higher education providers and students when giving guidance to the OfS about its power to grant university title, and the OfS must consider this guidance before allowing a provider to call itself a university. There will be a full review to look at the shared features of a university – such as excellent teaching, sustained scholarship, learning infrastructure, pastoral care and knowledge exchange.

Similarly, the Bill was strengthened to provide better oversight of OfS’s powers to grant, revoke or vary degree awarding powers (DAP): the OfS will have to notify the Secretary of State when granting DAP to institutions which have not previously had a validation agreement with another higher education provider or OfS, and degree-awarding powers will be automatically reviewed following a merger or change of ownership.

Peers welcomed the many changes made to the Bill during its parliamentary progress and there was much mutual congratulation last week on the Government’s willingness to listen and the degree of cross-party collaboration in the Lords.

Lord Stevenson, Labour’s spokesman on higher education in the Lords, said the amended Bill would ‘improve collaboration within the sector… help reverse the decline in part-time students…assist mature students who wish to come back, and … pave the way for more work to be done on credit transfer and flexible courses’.  Let’s hope he’s right.

See the Parliamentary process of the Higher Education and Research Act 2017 here and Read debates on all stages of the Act 2017 here