Baroness Warwick of Undercliffe (Lab)

My Lords, I am conscious that this is Third Reading and I fully support the Bill, but I wanted to take this last opportunity to ask for greater clarification in relation to Clause 30 and its applicability to higher education providers across England, Wales, Scotland and Northern Ireland. This is an issue I raised in Committee. I thank my noble friend the Minister for her helpful response in Committee and in the subsequent letter that she wrote. I know that she shares with the sector an interest in ensuring that the Bill does not impose undue burdens on the HE sector, given the key role played by universities in the delivery of the department’s industrial strategy. Universities wholeheartedly support the enactment of the Bill and will be working to ensure fair employment practices are maintained and strengthened. However, as autonomous institutions, universities, unlike other organisations in the public sphere, will be requested to absorb the additional costs that this legislation imposes. In advance of the Bill becoming law, and ahead of the consultation process, I seek further clarity and assurances on behalf of the higher education sector on three specific issues. First, in her letter, my noble friend indicated that the code would specify to which bodies and to what value of procurement activities Clause 30 would apply. It is possible that the procurement activities of universities are exempted due to their nature and value. Can she elaborate further on this and allay any outstanding concerns in the lead-up to the consultation process? Secondly, it is still not clear whether pensions will also be subject to the “no less favourable” terms, which could result in considerable additional burdens for institutions where there are legacy arrangements in place. Thirdly, there is uncertainty over whether the provisions in Clause 30 would be retrospectively applied. Decisions on both these areas could make a material difference to the extent of financial impact experienced by the higher education sector. I recognise that these are likely to be significant subjects in the consultation, but if my noble friend is able to provide any reassurances in advance of this process, it would be very much welcomed. The sector is so critical in delivering the skills needed for the UK’s successful future and the hopes and aspirations of communities across the UK.