Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018: motion to annul

Proposed by Angela Rayner

I beg to move, That an Humble Address be presented to Her Majesty, praying that the Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018 (S.I., 2018, No. 245), dated 26 February 2018, a copy of which was laid before this House on 28… I beg to move, That an Humble Address be presented to Her Majesty, praying that the Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018 (S.I., 2018, No. 245), dated 26 February 2018, a copy of which was laid before this House on 28 February, be annulled. I thank the Leader of the House for scheduling this debate, even if slightly belatedly. When the Opposition pray against a statutory instrument, it should be clear that the whole House is entitled to a debate and vote. I hope that Government Whips reflect on that point when considering the point of order made earlier today by my hon. Friend the Member for Leeds East (Richard Burgon). Unfortunately, the Government ignoring criticism until it is too late has been a recurring feature of the development of the Office for Students. Throughout the passage of the Higher Education and Research Act 2017, we raised questions and concerns that have remained unanswered. I suspect that even the Minister might privately wish his colleagues had heeded advice about the appointment of Toby Young some time before he eventually resigned. What a shambolic and politicised appointment process, which still hangs over both the Office for Students and the Government today. The Commissioner for Public Appointments found that the governance code was not followed—itself a breach of the ministerial code. It is now more than a month since I wrote to the Prime Minister and the Cabinet Secretary on this point, and I am yet to receive a proper answer. Perhaps the Minister who is here today can at least now clarify his position. He told us at the Dispatch Box: “The same due diligence was carried out by the same advisers on all the candidates.” —[ Official Report , 27 February 2018; Vol. 636, c. 698.] That directly contradicts the conclusion of the commissioner. Perhaps the Minister can now tell us whether he rejects the findings of the independent commissioner, or would he like to correct the record? Can he give the House any update on what the Government are doing to enforce the ministerial code and ensure that this scandal is not repeated? This is important because the composition of the board remains highly controversial even now. The new Minister has indicated that he might even like the board to be more representative. In a written answer to my hon. Friend the Member for Blackpool South (Gordon Marsden), he said he would enter a “dialogue with the OfS Chair…to ensure that both student interests and the further education sector” are represented on the board. That point is one that his right hon. Friend the Member for Harlow (Robert Halfon) has also made as Chair of the Education Committee, so can the Minister tell us what progress he has made? Will he also look at a voice for staff, which the University and College Union has called for? The appointments process has been symptomatic of a Government who have tried to use the Office for Students to pursue a deeply ideological agenda. It is bad enough that the Government embedded their free market approach in the original Act, giving the Office for Students a duty to promote competition.

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