Senior Clerk
Privy Council Office
2 Carlton Gardens
London
SW1Y 5AA

Objection to any application to the Privy Council by Trinity University College and the University of Wales Lampeter  to amend their Articles of Government to facilitate a merger.

The grounds for my objection are as follows:

1. The Higher Education Funding Council for Wales (HEFCW) has failed to issue any formal process of public consultation on its website. In my view this is in breach of the Memorandum of Understanding between HEFCW and the Welsh Assembly Government to ensure value for money and consult the public on important issues concerning higher education which includes the merger of institutions.
2. Despite requests from myself and the BBC, HEFCW withheld publication of the Review of the University of Wales Lampeter by Haines Watts Corporate Finance claiming exemptions under sections 36 and 43 of the Freedom of Information Act 2000.
3. This report was also withheld from the Governors, Students and stakeholders; it was only released prior to enforcement action from the Information Commissioners Office following a complaint from myself. I have complained about the legality of the redactions in the document that are still a matter of investigation so the disturbing contents of this report could get worse.
4. I have complained directly to HEFCW and to the Information Commissioner that the report was unlawfully blocked contrary to section 77 of the FOI Act, other issues arising from the conduct of HEFCW in the release of this report are before a complaints board and are likely to be referred to the Welsh Public Services Ombudsman.
5. The effect of this was to prevent full public scrutiny and consultation concerning the failure of the University of Wales Lampeter. The public have every right to know the reasons for the failure and why nobody has been held to account. Moreover, it is reasonable for the public to expect conditions to be put on the provision of any further provision of our money.
6. This in turn has raised concerns about the conduct of the Quality Assurance Agency (QAA) as the contractor for HEFCW to undertake its statutory duties of conduct and regulation under the Further and higher Education Act 1992. I have reason to believe that the QAA has been pressured by HEFCW to ignore serious causes for concern  that may put it in breach of its stated charitable purpose and put its vulnerable beneficiaries namely students and charitable status at risk
7. The effect of the Haines Watts report being deliberately withheld is that the governors of Trinity were unable to make a fully informed decision concern the consequences of unresolved issues of maladministration and mismanagement at Lampeter. While I accept that Governors acted in good faith senior officers could have made greater efforts to secure this report, if I can do it so can they. Now that this report has been released it is reasonable to suggest that the governors of Trinity will doubt the wisdom of their decision and being unable to put measures in place to remedy outstanding legacy issues to ensure the success of the new Trinity St. David’s.
8. This has led to concern about the validity of such a decision being made while essential information was deliberately withheld and the effect of this with regard to public trust and confidence in the merged Trinity St. David’s University. It looks like and is a stitch up.
9. The Charity Commission has confirmed that it will consider a complaint in June 2010 under the Charity Act 2006 concerning Lampeter and Trinity under section CC47 criteria which places Lampeter at risk of losing its charitable status.
10. There are associated issues of regulation concerning the QAA, which the Charity Commission could investigate now, however, they have advised me to wait until the investigation of Lampeter in June so my complaint can be seen in the wider context. The loss of the QAA’s charitable status would leave England, Wales and Northern Ireland without any regulator for higher education. I am in discussion with the QAA to try to resolve these matters as reliance on QAA institutional reviews to counter student complaints can no longer be considered legitimate.
11. The QAA has been presented with Cause for Concern complaints concerning Trinity and Lampeter with regard to the conduct of its student complaints procedures which are a course of public justice for students and must be treated accordingly. As the situation continues to deteriorate, I am being contacted for support by increasing numbers of students that may lead to further scandal and adverse publicity.
12. The way in which this merger has been mismanaged has lead to a situation whereby it is reasonable to suggest that it is more to do with the concealment of maladministration than being of any useful benefit to its beneficiaries. I have reason to believe that senior staff are allowing themselves to be corrupted at the expense of those they are appointed to serve.
13. I am concerned that the pressure to merge at all costs has created a climate of fear for staff and students raising legitimate issues about the consequences of this action,  therefore, it is reasonable to ask if personal ambition and avoidance of accountability is overriding acceptable standards in public life.
14. As things stand, the failure of HEFCW under its Memorandum of Understanding has put large sums of public money at risk and instead of lifting Lampeter out of its appalling reputation it now risks Trinity being dragged down with resulting loss of reputation and falling student numbers.
15. I have a Peoples Petition before the Petitions Committee that raises many of the issues contained in my objections that have been referred to the Education Minister. This may prompt further inquiry that could lead to the Welsh Assembly taking its own action in this matter.
16. Under the Further and Higher Education Act 1992, this could mean that Lampeter is put into the further education sector to facilitate its governing body being removed under section 47 and the action that I have outlined being undertaken by the Welsh Audit Office.

I suggest the following course of action to remedy this situation and to address my objections both institutions should raise these matters with HEFCW, the QAA and other agencies.

1. No merger should be allowed to take placea) while an investigation by the Charity Commission is taking place that could mean Lampeter losing its charitable status under the Charity Act 2006 which would include discrimination against the disadvantaged.

   b) while an investigation by the Charity Commission is taking place that could mean Trinity being required to address issues under the Charity Act 2006 and again this would include discrimination against the disadvantaged.

   b) While relative issues before the Petitions Committee that have been referred to the Education Minster that could lead to the Welsh Assembly Government taking action that could mean the loss of Lampeter’s University status following the discovery of maladministration.

   c) Until Trinity Board of Governors have made an informed decision based upon all relevant facts being put before them and that includes the attached documents by Haines Watts and Students and Universities by myself accepted as evidence by the former DIUS Select Committee and therefore has Parliamentary Privilege to be distributed without the usual threats of legal action.

   d) While unresolved issues concerning the ultimate revelation of academic fraud at Lampeter would put the reputation of the merged Trinity St David’s at risk of a total loss of public trust.

2. HEFCW should instigate a process of public consultation including public meetings.
3. The QAA should carry out a thorough investigation of student complaints particular where there has been an abuse of due process and this should include an independent element as I have reason to believe QAA independence may have been compromised.
4. Those responsible for the failure of Lampeter and resulting loss of public trust should be held to account and that any inquiry on this issue should include the Welsh Audit Office.
5. HEFCW should put conditions on the provision of any further public finds to address issues raised by any of the above investigations. Currently universities can simply ignore any concerns or recommendations made by the QAA.
6. The Governors of Trinity should reconsider their decision and like Lampeter involve its beneficiaries both staff and students, the local public, and other stake holders in the decision making process so that concerns can be addressed and receive full public confidence in the merger proposals.
7. Trinity and Lampeter should appoint an independent merger committee open to the public with staff to fully investigate concerns and facilitate the merger and a process of reconciliation.
8. Should members of respective governing bodies require any further details or would like to discuss these matters with me then I can be contacted by email or at the above address.

Trevor Mayes