CONTROVERSIAL laws which will change the way Scottish universities are run have been attacked by some of the most powerful officials in the sector.

The chairs of Scotland's 18 universities and higher education institutions have written an open letter arguing that moves to make their position an elected post would have put them off applying.

The intervention is significant because the chairs include high profile individuals from the worlds of law, banking, the media, education, business, religion, health and government.

The attack came as the Higher Education Governance (Scotland) Bill passes through the Scottish Parliament.

Last month, ministers backtracked over some of the new laws amidst fears they would lead to greater ministerial interference in the sector.

However, there is still confusion over plans to introduce new elected chairs of universities' powerful ruling Courts because Scotland's ancient institutions already have elected rectors who chair Court.

The letter to The Herald states: "The proposal put forward this month by the Scottish Government... that chairs of governing bodies should be chosen by a public election, which will inevitably be adversarial, will reverse the excellent progress that has been made towards achieving equality and diversity within this important role in higher education governance.

"No doubt unintentionally, the Bill’s proposals will have the effect of discouraging rather than encouraging candidates. None of us, including the 12 who have been appointed in the last two years, would have stood as a candidate in a publicly adversarial election for our role.

The unanswered questions over the reforms

"Good, diverse, inclusive and effective governance will be best delivered in future if Parliament retains the capacity for a governing body, that includes staff and student members, to elect its own chair."

The chairs go on to highlight the fact that elections to health boards were abandoned by the Scottish Government because they failed to attract a diversity of suitable candidates.

The letter adds: "While elections to political office are a fundamental part of our culture, they are not always the most appropriate way of making an appointment to every position.

"Elections to political office, or even to elected student officer roles, have resulted in disproportionately low representation of women and of people with protected characteristics.

"All of this runs counter to what the Bill purports to achieve, and what we, the people who are and remain responsible for good governance in higher education, strive for."

The attack comes just days after one of Scotland's most prestigious universities attacked the new laws as "inconsistent" and "incoherent".

Professor Sir Timothy O'Shea, principal of Edinburgh University, even suggested the SNP Government's approach could damage the institution.

However, Mary Senior, Scotland Official for the UCU lecturers' union, defended the Bill arguing that it was trying to make universities more open and transparent.

She said: "The proposals allow for universities to have a senior governor elected by all staff and students, and, in those institutions who currently have one, the position of rector to continue unabated.

"Only five out of 19 universities in Scotland have rectors at the moment so having an elected chair for the first time will make a real and positive difference to the remaining 14 who, up until now, have not had this democratic element in their governance structures."

The Herald:

Mary Senior, Scotland Official of the UCU lecturers' union

A Scottish Government spokesman said: “The Higher Education Governance Bill aims to ensure that the entire campus community has a say on how our higher education institutions are governed. We have worked closely with stakeholders, including the Chairs group, over the course of the Bill’s development, and continue to listen to their views which we are familiar with.

“We think that the post of senior lay member, who performs the key role of chair on the governing bodies of our institutions, should be an elected one. This role is pivotal in the leadership of all Scottish institutions, and all staff and students should have their say in appointing the best candidate for the role.”

The origins of the Bill date back to 2011 when a number of universities, including Glasgow and Strathclyde, brought forward course cuts.

Unions felt consultations with staff and students were rudimentary and decisions were motivated by economic considerations rather than academic ones.

There have also been long-running concerns over the spiralling salaries of principals and the increasing autonomy of their management teams.