Posted tagged ‘university legislation’

A government plot to seize control? No.

March 10, 2015

This post first appeared in The Conversation on 5 March 2015

In British university leadership circles, one particular view has become commonplace: that any and all higher education legislation is prima facie an attack on institutional autonomy and a statement of intent by government to micro-manage the system. The debate sometimes doesn’t get as far as assessing the details of the legislation: the act of legislating on its own is unacceptable, irrespective of content.

There are shades of this in the responses to the Scottish government’s planned higher education legislation. For example one of the government’s proposals is to provide in a new statute that the position of university principal should be identified (but not named) as “chief executive officer”. That has been described by representatives of one university, according to a report in the Daily Telegraph, as a “telling and very worrying indication of the degree of control over universities that is being sought”. That response and comment could reasonably be described as particularly bizarre, since a clarification of an executive role gives no opportunity of any kind for government intervention or control.

The truth is, of course, that legislation in this or any sphere is neither inherently good nor inherently bad. It depends on the purpose and content of any proposed regulation.

Nor is this in any way restricted to higher education. The UK has an extensive framework of companies legislation, regulating corporate organisation and action – yet few would suggest that this interferes with the freedom of companies to trade independently. The question is not whether legislation is unacceptable per se, but whether it reflects and protects a legitimate public interest without interfering improperly in autonomy.

The Scottish government’s proposals are intended to implement recommendations made in 2012 by the review that I chaired on higher education governance. The report made it clear that institutional autonomy should be a key principle of the higher education framework, alongside academic freedom. But we also recommended that there should be a regulatory framework that assured transparency and openness and gave due recognition to the interests of the stakeholders in higher education. Universities are autonomous bodies, and should be. But their autonomy should not shield them from legitimate expectations that they engage with staff, students and external partners, or from the need to behave in an accountable manner.

None of this is about government control. None of our recommendations, and indeed none of the proposed elements of the government’s planned legislation, would give any power to ministers to interfere in the running of institutions. Indeed the government has made it clear that it has no wish to exercise any such powers.

It is of course perfectly in order to have a debate on the merits of the legislative proposals, and there is nothing wrong with people being sceptical about the details. But it is also right to expect that the assessment of these proposals should be based on analysis and evidence, and should wherever possible avoid hyperbole.

Higher education legislation: benefit or peril?

November 11, 2014

Shortly after I took up my post in 2011 as Principal of Robert Gordon University, Aberdeen, I was asked by the Scottish Government to chair a review of higher education governance. At the time a friend remarked to me that this would be a great way to learn fast all about the Scottish system; and a great way also to be hated by everyone within that system. I cannot say whether the latter turned out to be true, but it is certainly the case that recommendations on governance will not always please everyone.

The review that I chaired reported in early 2012, and we summarised the purpose of our work as follows:

‘It is not just a question of assuring the integrity and transparency of processes, it is a question of allowing society to protect its broader investment in education, knowledge and intellectual innovation in a way that makes the most of a long Scottish tradition adapted to the needs of the 21st century world.’

In this spirit we made a number of recommendations for reform that might maintain public confidence in the sector. We suggested that these reforms would be more easily secured through a code of good governance for Scotland, and also with the help of ‘a statute for Scotland’s higher education sector setting out the key principles of governance and management.’

Subsequently the chairs of the governing bodies of Scottish universities adopted a code of good governance which addressed some (but not all) of the review’s recommendations. And now the Scottish Government has initiated a consultation on a proposed Higher Education Governance Bill. This suggests that new legislation may cover six topics that were the subject of recommendations in the higher education review: (i) transferring the role of the Privy Council in approving university governance instruments to a new Scottish committee; (ii) creating a new statutory definition of academic freedom; (iii) clarifying the role of Principals of the universities; (iv) setting out procedures for electing a shortlist of candidates for chairs of governing bodies, and selecting the successful candidate through an election; (v) ensuring that governing bodies include staff, student and alumni representatives; and (vi) clarifying the role and composition of academic boards or Senates.

In bringing forward the proposals, the government has correctly identified those issues set out in the governance review that would require legislation in order to be implemented.  If enacted in the form suggested in the consultation document, the new statute would secure a system of higher education built on institutional autonomy and academic freedom, a system that recognises that universities need to be independent but that they must not be disconnected from wider public views and concerns.

It is already clear that the proposed legislation will not be supported by everyone. Trade unions have welcomed the consultation, but Universities Scotland (representing Principals) has issued a statement suggesting a fair degree of apprehension.

In his Foreword to the consultation document, the Cabinet Secretary for Education and Lifelong Learning, Michael Russell MSP, underlined the government’s commitment to institutional autonomy:

‘The Scottish Government does not want to increase Ministerial control over universities, but support them to refine their governance systems, enabling an evolution that can enhance their important contribution to Scotland and the advancement of its people and economy.’

In a modern system of higher education, governments and universities need to balance the important requirement of institutional autonomy with the recognition that institutions also serve a number of public purposes and need to maintain the support of key stakeholders. This is not an easy thing to achieve, and the government’s consultation document will rightly prompt debate. But right now I think that the proposals, together with other instruments such as the code of good governance, have got this balance largely right.