HC Deb 08 February 1988 vol 127 cc49-50W

The University Court of the University of Edinburgh, which is the University's supreme governing body established under the Universities (Scotland) Acts, has discussed those sections of the Education Reform Bill which are of direct relevance to universities. The Court instructed us to write to you to convey its dismay and anxiety over a number of proposals in the Bill as it is now before Parliament. The Court was particularly concerned at two aspects— the powers to be vested in the Secretary of State, and the powers to be given to the Commissioners to be established under the Bill. Under section 94(1), the Secretary of State may by order confer or impose on either of the Funding Councils such additional functions as he thinks fit, and under section 94(3) "the Secretary of State may make grants to each of the Funding Councils … subject to such conditions as he may determine;" the Court regards these powers as unnecessarily wide and as an unnecessary accretion of authority to the executive arm of government. Similarly, section 132(1) of the Bill provides that "for the purposes of performing the duty imposed on them by section 131 … the Commissioners may make such modifications to the statutes of any qualifying institution as they consider necessary or expedient," subject to the approval of Her Majesty in Council, while under section 135(2), an Order in Council may amend, repeal, or revoke, any provisions of an Act of Parliament—such as, presumably, one of the Universities (Scotland) Acts; the Court has grave reservations about the constitutional propriety of thus over-riding the statutory provisions of Parliament. Finally with regard to the proposed Commissioners, the Court takes strong exception to the sweeping powers conferred under Schedule 9, Section 4, under which the Commissioners may, apparently without any constraint, "do anything which appears to them necessary or expedient for the purpose of … their functions," including requiring any University Officer "to furnish any information or to produe any documents relating to the institution …".

£ million at 1987–88 prices
1982–83 outturn 1983–84 outturn 1984–85 outturn 1985–86 outturn 11986–87 outturn 21987–88 estimated outturn 1988–89 plans 1989–90 plans 1990–91 plans
Schools 9,531 9,646 9,441 9,244 10,005 10,633 10,630 10,635 10,654
Higher and further education 4,930 4,960 4,946 4,751 4,789 4,904 4,866 4,851 4,806
Miscellaneous educational services research and administration 826 878 888 888 930 975 1,032 1,071 1,090
Research Councils and related bodies 589 604 612 618 635 657 669 675 655
Total Department of Education and Science 15,876 15,980 15,888 15,502 16,358 17,169 17,197 17,232 17,205

The Court's attention has also been drawn to the lack of any reference in the Bill to the maintenance of academic freedom; the Court hopes that this omission will be rectified.

Copies of this letter are being made available to the Press, and the text will be published in the University of Edinburgh Bulletin. A copy is also being sent to the Secretary of State for Scotland.

Yours sincerely, Archie MacPherson Rector A. M. Currie Secretary to the University A MacPherson Esq BA Rector University of Edinburgh Old College South Bridge EDINBURGH EH8 9YL

Dear Rector Thank you for you letter, also signed by Mr Currie, of 22 January to the Secretary of State about the provisions in the Education Reform Bill relating to the universities. I am replying as these are matters for which I have responsibility within the Department. We have received many letters on similar lines about the proper balance between necessary central powers and institutional autonomy. Detailed discussions of the Bill's higher education provisions will begin shortly in the Commons Standing Committee and a large number of relevant amendments have already been tabled which will allow these matters to be properly explored. I obviously cannot prejudge the outcome of this or the debate that will continue through the Bill's Parliamentary passage. Yours sincerely

Robert Jackson