Amendments have been tabled to the Higher Education (Wales) Bill in a bid to safeguard institutional autonomy, in response to concerns expressed by Welsh Assembly members and universities that the legislation would hand 鈥渄isproportionate鈥 authority to the Higher Education Funding Council for Wales.
A report from the Assembly鈥檚 children, young people and education committee had highlighted how the requirement for universities to submit fee plans for approval focused not just on widening access but also on other areas such as mental health support, teacher training and the 鈥渟tudent experience generally鈥, warning that there was a 鈥渄anger of overregulation鈥. Universities have also expressed concern about 鈥渕icromanagement鈥 by Hefcw and ministers.
The committee recommended that new clauses protecting academic freedom should be inserted, and education minister Huw Lewis has now accepted this.
Part of the amendment reads: 鈥淚n exercising functions by virtue of this Act, Hefcw must take into account the importance of protecting academic freedom including, in particular, the freedom of institutions to determine the contents of particular courses and the manner in which they are taught, supervised or assessed; to determine the criteria for the admission of students and to apply those criteria in particular cases; and to determine the criteria for the selection and appointment of academic staff and to apply those criteria in particular cases.鈥
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The amendment also clarifies that Hefcw will not have the power to require a university to do anything which is incompatible with its charitable status or its governing documents.
Announcing his intention to introduce the amendments, Mr Lewis told Assembly members he now expected that the legislation would be fully implemented in 2017-18 rather than 2016-17 to allow for the government and Hefcw to 鈥渞esolve some if not all of the sector鈥檚 concerns鈥.
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鈥淭his will allow my officials and Hefcw to put in place a plan that is deliverable and benefits the students of Wales,鈥 he said.
Addressing Assembly members, he added that the guarantees on institutional autonomy and charitable status would 鈥渆nsure that the Welsh government鈥檚 intentions on these matters are put beyond doubt鈥.
The legislation is designed to hand statutory powers to Hefcw to replace the leverage it once exercised through the distribution of teaching grants.
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