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Chamber

Meeting of the Parliament 14 January 2016

14 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Higher Education Governance (Scotland) Bill: Stage 1

Perhaps I will if there is time later, Mr Brodie. I am keen to make more progress.

In summary, we will require HEIs to advertise those positions. Interested applicants will be selected for an interview on the basis of their ability to carry out the duties that are associated with leading a modern Scottish HEI. If successful at an interview process that is managed by a nomination committee, which will feature staff and student representatives, candidates would then participate in an election, in which all staff and students in an institution would be able to vote.

I can confirm that plans for elected chairs, who will be the senior lay members of all governing bodies and are often called senior governors or vice conveners at present, will result in no alteration of the statutory underpinning of existing rectors in our ancient universities. As is the case now, the way in which rectors dovetail with the new elected senior governors will be a matter for each autonomous institution.

We plan to lodge an amendment concerning the remuneration of chairs, which will alter section 2 to provide only that HEIs must offer reasonable remuneration to an elected chair in connection with carrying out that role, on request by the chair. On balance, I do not consider that retention of a power for ministers to set levels of remuneration or to delegate that role to other persons is necessary.

Having scrutinised all the evidence provided by the committee and stakeholders on the composition of governing bodies, I intend to lodge an amendment to remove the obligation for HEIs to have two alumni on each governing body. That will assist institutions to accommodate staff, students and trade union members more easily on bodies on which the maximum number of members is set at 25 in the Scottish code of good higher education governance.

I am minded to lodge an amendment to remove section 9, which will mean that HEIs need not be obliged to limit the number on their academic boards or senates to 120. To ensure that institutions with larger academic boards have a fair representation of students, without being obliged to ensure that 10 per cent of the body comprises elected students, the Scottish Government favours a ceiling of 30 elected student members.

We have taken careful note of all the evidence that has been presented on academic freedom. In light of that, we are considering the final form of the relevant provisions. I have been struck by the importance of ensuring that academic freedom cannot be cited as a cover for any views that are offensive or, indeed, criminal.

All those potential amendments have been influenced by dialogue with stakeholders. Although stakeholders will be familiar with them, not all will support each proposed amendment. However, I am confident that broad support for a number of them will be evident.

In drawing to a close, I emphasise three key points. The Scottish Government values on equal terms Scotland’s higher education institutions, the staff who work in them and the students who attend them. I believe that this modest and focused bill can enable more modern, transparent and inclusive governance practice. I have been listening and I will continue to do so. I want to work with our universities in partnership in the years ahead.

I move,

That the Parliament agrees to the general principles of the Higher Education Governance (Scotland) Bill.

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
Good afternoon. The first item of business this afternoon is a debate on motion S4M-15304, in the name of Angela Constance, on the Higher Education Governanc...
The Cabinet Secretary for Education and Lifelong Learning (Angela Constance) SNP
I am delighted to open the debate. I start by thanking the Education and Culture Committee for its stage 1 report, and also the Finance Committee and the Del...
Jim Eadie (Edinburgh Southern) (SNP) SNP
I welcome the thrust of the bill, which seeks to make our universities’ governance arrangements more inclusive and accountable. The cabinet secretary will be...
Angela Constance SNP
As I have said to people repeatedly, our universities are and will remain autonomous. There is nothing in the bill as introduced, nor will there be anything ...
Liz Smith (Mid Scotland and Fife) (Con) Con
Will the cabinet secretary tell us where the mathematics or arithmetic is to back up that point?
Angela Constance SNP
We can all have a good, robust debate about mathematics. I could take issue with some of the arithmetic and the evidence that was presented to the committee....
Chic Brodie (South Scotland) (SNP) SNP
Will the cabinet secretary take an intervention?
Angela Constance SNP
Perhaps I will if there is time later, Mr Brodie. I am keen to make more progress. In summary, we will require HEIs to advertise those positions. Interested...
The Deputy Presiding Officer Lab
I call Stewart Maxwell to speak on behalf of the Education and Culture Committee. 14:11
Stewart Maxwell (West Scotland) (SNP) SNP
There is a strong consensus that our higher education institutions should uphold the highest standards of governance. However, there are differences of opini...
Chic Brodie SNP
Is it not conceivable that the rector, having been elected by the wider franchise, could take a co-chair’s role in looking at the policy of the university? T...
Stewart Maxwell SNP
That is one of the possible models that could arise from the Scottish Government’s suggestions and the work that the Government and the sector will take on. ...
Iain Gray (East Lothian) (Lab) Lab
It seems to me that we have debated the bill and its measures a number of times, so it is quite hard to believe that we are just at the stage 1 debate. Nonet...
Jim Eadie SNP
The member will be aware that the University of Edinburgh has very strong and inclusive governance arrangements, which include the election of the rector by ...
Iain Gray Lab
In light of the amendments that the Cabinet Secretary for Education and Lifelong Learning has promised to lodge, the bill may at least recognise the strength...
Liz Smith (Mid Scotland and Fife) (Con) Con
When the bill was first mooted, the Scottish Government made it very clear that its only intention was to make some minor amendments to allow greater transpa...
Jim Eadie SNP
Will the member take an intervention?
Liz Smith Con
I will not, if the member does not mind. It became increasingly evident that there was some seriously flawed thinking in the bill when it came to the questi...
John Mason (Glasgow Shettleston) (SNP) SNP
Will the member give way?
Liz Smith Con
If the member does not mind, I will not as I am very short of time. That crucial point was very clearly expressed by Alastair Sim, Professor Anton Muscatell...
The Deputy Presiding Officer Lab
Ms Smith, can I stop you for just a second? I am afraid that we had a slight problem with the clock, so please do not think that you are at 10 minutes. I hav...
Liz Smith Con
I will take 20 minutes, Presiding Officer, if you so wish. Laughter. How long do I have?
The Deputy Presiding Officer Lab
I can give you another two or three minutes.
Liz Smith Con
Thank you very much. The third issue, which is crucial, is about governance and democratic accountability. Some commentators seem to argue that the universi...
Jim Eadie SNP
Will the member give way?
Liz Smith Con
I am in my last minute. Governance arrangements that minimise the likelihood of serious conflict in the governing body are those that are most likely to pro...
George Adam (Paisley) (SNP) SNP
I welcome this stage 1 debate although, like Iain Gray, I feel as if we have had this debate already on a number of occasions. I want to raise a couple of ...
Sandra White (Glasgow Kelvin) (SNP) SNP
George Adam has mentioned the amendments that will be lodged at stage 2. Will they be effective in the case of the Royal Conservatoire of Scotland and Glasgo...
George Adam SNP
I remember their evidence well. I will need to wait and see what is proposed at stage 2 in order to discuss where we might go with that. A lot of our discu...
Cara Hilton (Dunfermline) (Lab) Lab
I am pleased to follow George Adam. I think that that was the first time that he did not mention Paisley in a speech—very novel. It is pleasing, too, to have...