Higher Education and Research Act 2017

The Government published a white paper titled Success as a Knowledge Economy on 16 May 2016.[8] The paper proposed a new regulatory system, headed by an Office for Students, and gave more detail on the future of the recently-introduced Teaching Excellence Framework (TEF), and how it would be linked with tuition fees. It also proposed merging the existing seven research councils into a single body, UK Research and Innovation. It proposed procedures for new providers entering the market, with substantially fewer hurdles. It also proposed a national register of students' unions, which would give students who encountered issues greater mechanisms for redress.[9]

On 18 May 2016, the week after the publication of the white paper, the Queen's speech announced new legislation "to support the establishment of new universities and to promote choice and competition across the higher education sector".[10] The next day, the Higher Education and Research Bill had its first reading in the House of Commons.[11]

The Bill was introduced to the Commons for its first reading by Jo Johnson, the Minister for Universities and Science. Even before the Bill's second reading, substantial opposition was forecast, with one Vice-Chancellor predicting that it would not get through the House of Commons without significant amendment,[12] and Gordon Marsden, the Shadow Secretary for higher education, voiced concerns that the Brexit Referendum result meant that the Bill should be shelved.[13]

At the committee stage, amendments were proposed by the Opposition including the renaming of the Office for Students,[14] requiring that de-registration of higher education providers be supported by secondary legislation[15] and changing the metrics by which teaching is measured.[16] All opposition amendments were rejected at the Commons committee stage[16] and the Bill passed through the House of Commons after the third reading on 21 November.

The Bill was sponsored in the House of Lords by Viscount Younger, and they made their own amendments to the Bill. They voted that there should be additional constraints for entry to the higher education market to prevent profit-motivated providers gaining access too easily, to the detriment of students and the sector. They also voted that the TEF should not be used to create a consolidated ranking of universities, and that its metrics should be subject to additional oversight.[17]

The snap general election meant that Parliament had to be dissolved, and so the Labour Party reached an agreement with the Government to vote for a version of the Bill with substantially reduced amendments as part of the wash-up period. The linking of the TEF to tuition fees was to be delayed, but not prevented altogether, and the OfS would be required to consult the Quality Assurance Agency for Higher Education before awarding the use of the university title.[18]

The amended Bill was voted on in both houses on 27 April 2017, then received royal ascent as the Higher Education and Research Act later that day.[1][18]

As the Bill passed through parliament, it was widely criticised within the sector.[19] The National Union of Students (NUS) were opposed to what they called the "marketisation of HE", stating that "a climate of competition will never be in students’ best interests", and were also concerned about the link between measured teaching quality and rises in tuition fees.[20] The amount of regulatory muscle given to the OfS, in having the authority to de-register universities, was criticised, as was the ease with which for-profit education providers could enter the market.[19]

Baroness Wolf, previously an adviser to the government, expressed concern that "sweeping general legislation might make it easier to set up a really small, innovative, educationally wonderful institution, but it’s much more likely to mean we end up with the American-style catastrophe".[21] Nick Hillman of the Higher Education Policy Institute think tank has long been in favour of legislation to support new universities, but said that even he thought the speed with which they could be approved under the new legislation was "a risk too far".[19]

Others have pointed to the lack of subject diversity that the likely influx private providers will offer. Cambridge professor Gill Evans stated that "they tend to go for what can be taught cheaply to a mass market", and that the majority of current private providers are only offering courses up to level 5, rather than full degrees.[22]

The government has hit back at critics, with Jo Johnson saying existing universities are merely afraid of competition, and are "acting like bouncers deciding who should and should not be let into the club".[23] The government position is that the increased competition, and the link between teaching quality and tuition fees, will force existing universities to improve.[24]

Outside of the government, the legislation has had its supporters. Notably, Universities UK and GuildHE, both influential bodies representing university leadership, expressed their support in a joint letter to their respective members. They welcomed the change, stating that "current regulatory framework has not kept up" with changes within the HE sector.[25] Even the NUS, otherwise fierce critics of the changes, expressed support for the provision of sharia-compliant loans supported by the legislation.[20]

• Bill Stages – Higher Education and Research Act 2017 – UK Parliament
• Higher Education and Research Act – as enacted – legislation.gov.uk
• Collection: Higher Education and Research Bill – gov.uk
• Success as a Knowledge Economy white paper – gov.uk