I guess that not everyone can say that they prompted a piece of legislation. In fairness I cannot myself make that claim entirely, since I was merely one of five people who were the panel commissioned by the Scottish Government to review higher education governance. However, I had the honour of chairing the panel, and in 2012 it submitted its report to the government, making 43 recommendations for change. Some of these were implemented, or partly implemented, in the Scottish Code of Good Governance adopted in 2013.
Some of the remaining recommendations have now been implemented in the Higher Education (Scotland) Governance Bill, passed by the Scottish Parliament on 9 March. Once in force the legislation will address, chiefly, the composition of university governing bodies and the appointment (now through an election) of chairs of these bodies.
It would be fair to say that other university Principals, and indeed governing body chairs, did not welcome the legislation, and had not welcomed some of the recommendations of our 2012 report, particularly those that became the basis of the new legislation. But equally I would like to think that the report, and now the legislation, opened up a discussion across the sector, and by now beyond Scotland, about what university governance is for, in whose name it is conducted, and how it can secure academic excellence and organisational success in a spirit of inclusion and transparency. Whether we got it right or wrong, this is an important discussion, as society’s institutions now more generally are subjected to greater scrutiny.
I continue to stand by our recommendations, though of course I also hope that university leaders will be able to work constructively and effectively in the new setting. Higher education in its substance has been renewed and reinvented over the past generation or two, and it was always going to be important that governance was also addressed. I believe that Scotland, with its Code (shortly to be revised) and now its legislation, will make a major contribution to this discussion globally.