Planned governance reforms 'will make our universities more democratic'

The Higher Education Governance (Scotland) Bill was introduced in June, aimed at making the country’s higher education system “modern, inclusive and accountable”.

The legislation would establish new regulations for the appointment of the chair of a university’s governing body and allow ministers control over their payments and allowances.

It also stipulates that two students nominated by their union and two staff members from trade unions must be elected to governing bodies, and broadens the definition of “academic freedom” to include “developing and advancing new ideas or innovative proposals”.

Several bodies, including umbrella group Universities Scotland and the Committee of Scottish Chairs, have criticised the proposals, claiming they threaten the independence of institutions and could damage the international reputation of Scottish higher education.

However, in a submission to the Education and Culture Committee, the Common Weal think-tank has refuted the claims, stating the changes would create a more democratic sector.

In the written submission, Common Weal director Robin McAlpine said: “Universities and university principals have a freedom to act independently and autonomously which is probably unmatched in any institution or organisation that receives anything like the level of public funding they receive.

“The unbalanced nature of the aggressive lobbying campaign the universities have run against this very modest proposal (effectively using public money to run that campaign) shows how little restraint can be placed on them.

“We do not believe this position reflects the majority of views in the university sector – yet neither management nor governing bodies have a requirement to do so much as have even a cursory consultation with the wider university community.

“If the principles which underpin university governance do not include democracy, diversity, representativeness and transparency, then what principles drive the oversight of universities?

“The democratic university – run by and for its staff, learners and other stakeholders – should be the ultimate aim. This Bill is a step in that direction and must be supported.”

In its submission, the Committee of Scottish Chairs urges the Scottish Government not to disrupt the effective governance of “one of the nation’s success stories”.

It goes on: “The Governance Bill proposes a substantial increase in the level of control ministers will exercise over the universities.

“We think this is unwise, and that it will constrain the dynamism and ambition that have made Scotland’s universities one of the nation’s great successes.

“It may also threaten the universities’ status as a force in public life that is separate from government, promoting the public good but free to speak truth unto power.”

Meanwhile, Universities Scotland states: “The Bill grants ministers unprecedented and far-reaching powers in university governance, which could be used by future ministers to exert significant control.

“These are of significant concern in themselves and, additionally, could jeopardise universities’ current ONS classification.”

McAlpine brands this concern “remarkable”, stating: “It is simply impossible to engage with the argument that some democracy is less democratic than no democracy.”

He also dismisses claims that the change would breach academic freedom, stating: “This is generally viewed as an era which has seen greatly increased management interference in the work of academics.

“There is a good case for an inquiry to see if there really is a threat to academic freedom from management practice.

“Institutional autonomy (the right for universities to act free from external influence) has nothing to do with academic freedom and the deliberate conflation of these different concepts should be challenged.”

Proposals will improve our institutions

By Emily Beever, Women’s officer for the National Union of Students (NUS) Scotland THE proposed Higher Education Governance Bill is a significant and long overdue opportunity to rebalance the power of university governing bodies, increasing transparency and accountability around decisions affecting staff and students, and the democratic means for staff and students to have a say in those decisions.

Despite some claims to the contrary in recent months, legislation concerning the governance of our universities is not a new phenomenon. Rather, it has existed for centuries, not just following evolving social attitudes, but often leading them.

The higher education bill should be the next step in the natural evolution of good governance, paving the way for improved transparency, accountability and diversity.

An absolutely vital part of that is by ensuring democracy, through elections, for the chairs of our university governing bodies, and defined, legal representation for staff and student unions.

Elected chairs (or rectors, as they are known at our ancient universities) are a great part of Scottish educational history and our democratic traditions; a position ahead of its time when introduced. They put more power in the hands of their electors, and away from a centralised and managerial form of university governance.

The Bill presents an opportunity to ensure that those ancient traditions don’t simply remain at our ancient universities, but instead that we spread it across right our diverse sector. Elected chairs of governing bodies should be in place at all of our universities, extending and strengthening the voice of staff and students.

The Bill could and should go further. On fair representation, we are still falling well short on making sure our governing bodies reflect the diverse communities they serve. And on senior pay, university principals are still receiving eye-watering sums of money, and more in expenses and benefits, with no transparency and scrutiny from staff or students.

Universities aren’t big businesses, existing to serve the interests of shareholders. They exist for a charitable and educational purpose, and should be serving staff and students, and the wider communities they sit within.