University governance law proposals put out for views

The Scottish Government is consulting on proposed legislation for the running of the country's higher education institutions.

In a new paper on proposals for a Higher Education Governance Bill, ministers present plans to take foreward some of the recommendations in 2012 of a panel chaired by Professor Ferdinand von Prondzynski, Principal of Robert Gordon University.

Writing in the foreword, Cabinet Secretary Mike Russell states that ministers share the panel's view that "for universities to be successful, and in order to avoid undue influence from outside, they need to be autonomous institutions", but adds that as they receive a substantial amount of public investment, and to ensure public confidence in the sector, it is important that an appropriate level of democratic accountability is embedded in their governance arrangements.

The proposed bill would focus on six areas: 

• transfer of the Privy Council's role, in relation to higher education governance, to a new Scottish based committee subject to the scrutiny of Parliament, in order to simplify the current process for making amendments to the existing governance instruments;
• setting out a new, more explicit definition of academic freedom;
• clarifying that the role of principal is that of chief executive officer and involves the leadership, administration and management of the institution;
• creating a more transparent process for selecting the chair of an institution's court or governing body, as well as making the position more accessible to a wider audience through open advertisement, and election at the final stage of the selection process;
• ensuring that the composition of the memberships of governing bodies are fully representative, and
• ensuring that the composition of the academic board or senate is fully representative and that the board itself can function efficiently.

In particular, ministers are looking to ensure better gender balance on governing bodies, and want further devolution to include responsibility for equality legislation so that they can legislate for a minimum percentage of female court members.

Click here to view the consultation. The deadline for responses in 30 January 2015.