Meeting of the Parliament 08 March 2016
No, we do not have a “considerable problem”. As I have said to Liz Smith and other colleagues, the difference between the role of the rector and that of the senior lay member is laid out clearly in the Scottish code of good higher education governance, which is reflected in the Government’s approach throughout the bill. The defining difference between Liz Smith’s position and that of the Government on the co-chair is as set out by Mr Brodie. He believes that the co-chair should be one of the governing body’s members; I do not accept that approach. The senior lay member should be elected by staff and students, as well as the governing body.
To return to Mr Brodie’s amendments, the senior lay member’s responsibility for the leadership and effectiveness of the governing body, and for ensuring an appropriate balance of authority between the governing body and the principal of the institution, would become a joint responsibility, shared with the co-chair.
The combination of the amendments would enable governing bodies in many respects to retain the status quo, whereby the balance of power in the governing body of the institution would sit with a member appointed by the governing body. The senior lay member, where such a role existed, would have limited powers and responsibilities. That would fundamentally go against the bill’s core aims. It would diminish the impact of the bill, undermine our ambition to achieve consistency and create a two-tier system.
I urge members to reject amendments 28 to 30 and 40.
Moving on to amendment 1 from Ms Smith, having considered it carefully, I cannot support the amendment. Section A1(2)(c) of the bill as amended sets out the senior lay member’s functions, which are intended to reflect existing practice. Responsibility for the appropriate balance of authority between the governing body and the principal of the institution is a widely recognised key function of a chairing member of a governing body; indeed, that is recognised in the Scottish code of good higher education governance.