Schools Bill [HL]

(Limited Text - Ministerial Extracts only)

Committee stage
Monday 27th June 2022 Lords Chamber

[Lord Storey (LD)]

My Lords, we support all three amendments in this group. I declare my interest as vice-president of the Local Government Association.

I start by telling the Committee that every single school on Merseyside has a defibrillator. Why? As we have heard, at the school that my daughter attended at the time, a young boy called Oliver King had a tragic sudden cardiac arrest in the swimming pool and died. As noble Lords can imagine, the school was grief-stricken; the pupils and the staff needed counselling. However, from that awful tragedy something wonderful happened, in that Mark King established a charity in his son’s name, the Oliver King Foundation, with the simple aim of putting a defibrillator in every school on Merseyside. As noble Lords can imagine, the community rallied round—the local press, benefactors, et cetera—and it happened. As we have heard from other noble Lords, Mark has continued his mission, not just for Merseyside but for schools throughout the UK. He was a frequent visitor to Parliament, trying to encourage MPs and Peers to get behind his campaign. I have to single out former Education Minister, the noble Lord, Lord Nash, for whom I managed to arrange meetings with Mark King. The noble Lord had planned to celebrate, so that when we reached the target of, say, 1,000 defibrillators in schools, we would have a party. Unfortunately, the noble Lord, Lord Nash, was reshuffled, or decided to leave, and that never happened, but he was very helpful and supportive in that campaign.

I mention that it is not going to be expensive, as the noble Lord, Lord Aberdare, rightly said. We are not allowed to use props or visual aids in the Chamber, but an Australian and a Canadian—noble Lords have probably met them as well—have come up with something, because most cardiac arrests actually happen in the home. They do not happen in public places, at schools or sporting events; most happen in the home and it is too expensive to spend several thousand pounds to have a defibrillator in your house unless you are very wealthy. These two people—one is an inventor and the other a salesperson—have invented a defibrillator which is about the size of a notebook. They are very simple to use and they cost, I think, just under £200. If you cannot afford that, there is a monthly subscription of a few pounds, and there is no reason why everybody should not have one in their home. For those who cannot afford one, there should be some mechanism of support. I gave mine to my noble friend Lady Walmsley and she promised me she would show it to the Health Minister. Maybe she will show it to the noble Baroness, Lady Barran, as well, or I will get it back off my noble friend. It is a real way forward.

I agree with the noble Lord, Lord Aberdare, when he rightly says that this is about protecting young lives. There are various other things we can do. Defibrillators should be available in every school, but so too, for example, should an EpiPen—it should be mandatory for every school to have one. Again, the noble Lord, Lord Aberdare, puts his finger on it when he says that every school should include first aid training as part of its curriculum. It does not take long. There is a gap when year 6 pupils have finished their SATs and are kicking their heels before they go to secondary school. That is an ideal time to do first aid training. It could be four or five sessions, and St John Ambulance or the Red Cross are only too willing to help out. There are wonderful schemes whereby they can provide lesson notes and all the rest.

Similarly, another area that should be mandated—by the way, I have a Private Member’s Bill on this—is water safety. We could prevent young people drowning if people knew proper water safety. This is about preserving lives, so it is hugely important. I am sorry that I have repeated the points that others have made.

The amendments on school buildings are absolutely right. At Second Reading I mentioned the internal memos, which the Minister will know about, outlining real concerns about the safety of our school buildings. This has gone on for a while—the coalition time was mentioned; I am not sure if that is true but perhaps it is. Of course, the Building Schools for the Future programme was excellent, but many of the buildings were very shoddily built and had a life expectancy of 20 or 25 years. Never mind the whole business of PFIs and whether they were good value for money—we will not go there—but I know from personal experience that many of the buildings, certainly the ones I have seen, are quite shoddy in my opinion; they are well past their proper use. These two amendments are hugely important and I hope that, between now and Report, we can look at them carefully and see what support we can give.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

I thank the noble Baroness, Lady Chapman, for Amendment 156. Well-maintained and safe buildings and facilities are essential to support high-quality education, and they remain a priority for this Government. Perhaps the noble Baroness will be very kind and pass on my thanks to the noble Baroness, Lady Wilcox, for her update on the Welsh strategy.

As my noble friend Lady Berridge pointed out, responsibility for school buildings lies with the relevant local authority, academy trust or voluntary-aided school body. Those organisations are best placed to prioritise available resources to keep schools safe and in good working order, based on their local knowledge. We provide significant annual capital funding, major rebuilding programmes, and extensive guidance and support to the sector. We have allocated more than £13 billion to improve the condition of schools since 2015, including £1.8 billion committed this year.

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[Baroness Berridge (Con)]

The amendment is not saying that we should compel schools, for that reason. My noble friend may need to come back to this, but what happens in a scenario where there is no agreement between the department and the responsible body about what should happen to a building? That is the key issue in the amendment: transferring the responsibility to the department. Although I appreciate the detailed case-by-case examples, it is a very different scenario if you have a building material fail across thousands of schools and risk going across the system. Can my noble friend say what happens if there is disagreement in that kind of scenario?

[Baroness Barran (Con)]

It might be most helpful to the Committee if I come back to my noble friend. She is right to insist to have this point discussed on public record but it would be more useful to take a real example that we can quantify in some way.

On Amendment 167 in the names of my noble friend Lord Moynihan, the noble Lord, Lord Aberdare, and the noble Baroness, Lady Grey-Thompson, we absolutely recognise the importance of defibrillators. That is why our guidance for building new schools has included the provision of defibrillators since 2019. As noble Lords referred to, we have also worked with NHS England to establish a framework for schools to purchase defibrillators at a reduced rate. I thank the noble Lord, Lord Aberdare, for his update on the latest in defibrillator technology, and I would of course be delighted to meet with the noble Baroness, Lady Grey-Thompson, and colleagues.

I was touched by the reference of the noble Lord, Lord Storey, to the tragic death of Oliver King; a friend of my children died in a school local to us, so I am all too aware of the tragedy involved in such cases. I am pleased that the Secretary of State has committed to working with the Oliver King Foundation to ensure that all schools have access to defibrillators. We are currently working on options to deliver these life-saving devices, and I look forward to being able to update noble Lords on that before too long.

I am told, for your Lordships’ benefit, that there is a defibrillator in Black Rod’s box, so we are all now informed.

I therefore ask the noble Baroness, Lady Chapman, to withdraw her Amendment 156 and ask other noble Lords not to move the amendments in their names.

[Baroness Chapman of Darlington (Lab)]

I am very pleased to hear what the Minister has just said about defibrillators. I was waiting to hear what noble Lords said on that amendment before responding, and I have to say that the case is overwhelming, given the tragic cases of Oliver King and a young person who was a friend of the Minister’s family, as she said. It is very strange that whether these devices are accessible to you largely depends on when your school was built. That does not seem to make any sense. They are not expensive and the benefits are incredible. I am encouraged by the Minister’s last sentence about wanting to come back to us, I hope on Report, with something more on that.

On the amendments on school land and buildings, I think I followed what the noble Baroness, Lady Berridge, was arguing. Had she not tabled her amendment, that issue probably would not have come to the attention of noble Lords. Again, we need to hear what the Minister has to say on that. If she is intending to write to the noble Baroness, could that letter be shared so that we can all appreciate and understand how the Government intend to answer that question?

On the amendment I tabled alongside my noble friend Lady Wilcox, we remain concerned about the condition of school buildings. I understand the points made from the Liberal Democrat Front Bench about BSF, but I gently point out that if you were a governor at a school who had put a lot of time and effort into their BSF bid—as I did at the time—and then had that cancelled, you would much rather have what the noble Lord describes as a less than gold-plated building to learn in than what we were presented with: a leaky, cold, not particularly safe building that dated back to the 1970s. I would have bitten Michael Gove’s hand off at the time to get that bid agreed. It was not as if BSF was replaced with something less bureaucratic, which I can accept may have been needed. That did not happen and the investment was not forthcoming. I understand that the Minister does not want to comment on leaked documents, but we find ourselves now in a situation where, as a parent, you read that there is great concern that buildings are deemed a risk to life. That is something we need to continue to press Ministers on and may well return to on Report. I beg leave to withdraw.

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[Baroness Barran (Con)]

My Lords, I thank the noble Baroness, Lady Chapman, for Amendment 171H and the noble Baroness, Lady Morris, for Amendment 171U, both on local education partnerships. I very much enjoyed my meeting with the noble Baroness, Lady Morris, a few months ago to discuss her important work chairing the Area-Based Education Partnerships Association. I absolutely agree with both noble Baronesses and other noble Lords about the importance of local coherence and collaboration between different parts of our schools system.

The noble Baroness, Lady Morris, talked about the importance of school improvement in part underpinning her amendment. She will be aware that, in the schools White Paper, we set out a specific plank of the strong trust framework focused on school improvement. We absolutely support the spirit of her amendment but, as she knows, we believe that this is best done through strong multi-academy trusts.

However, as all of your Lordships have said, it is vital that trusts, local authorities and other actors in the school system work together effectively. The schools White Paper sets out our commitment to ensure that this is the case, and the special educational needs and disability and alternative provision Green Paper outlines proposals to enable statutory local SEND partnerships. We are also establishing local partnership boards in the 24 priority education investment areas that bring together local authorities and strong trusts to help identify local priorities and drive improvement at key stage 2 and key stage 4.

However, we do not believe that either of these amendments is necessary. We have already committed to developing a collaborative standard, which will facilitate effective partnerships between trusts, local authorities and third sector organisations to impact their communities positively in the way your Lordships have described. We will work with the sector to develop the detail of this standard as part of the regulatory review.

The noble Baroness, Lady Morris, talked about the importance of place. Again, we agree with her. She will be well aware of our work previously on the opportunity areas and, more recently, on the education investment areas.

[Baroness Morris of Yardley (Lab)]

What the Minister just said is very interesting. I was going to intervene to ask what mechanism the Government will use to bring them together. Am I right in interpreting what she said as that the mechanism might be something the Government will look at in the regulatory review? If so, at that point, would she consider partnerships as one of the mechanisms that might bring it about?

[Baroness Barran (Con)]

I am sure that the noble Baroness would not allow me to get away with prejudging the findings of the regulatory review. In all seriousness, the point of the review is to engage intensively with the sector and partners. I was going to invite her to meet to talk about some of these points in more detail as the review progresses. The review will also develop not just the collaborative standard that both noble Baronesses pointed towards but the area-based approach to commissioning, which we articulated in the guidance we released in May on implementing school system reform.

I also point to the work done by the Confederation of School Trusts, which represents many in the sector. It has done a lot of work on public benefit and civic duty, which speaks to the spirit of what is behind both noble Baronesses’ amendments and which we support very strongly. Although we continue to emphasise the importance of local partnerships, we do not believe it is for government to mandate a particular form in every area, and we believe that local partners are best placed to determine the arrangements that are right for their areas.

I now turn to Amendments 171T and 171W, both tabled in the name of the noble Lord, Lord Hunt, which seek to extend the role of the Local Government and Social Care Ombudsman to include complaints about academy admissions. There is already a strong and effective route for complaints by anyone, including parents, about academy admission arrangements, including oversubscription criteria, through the independent Office of the Schools Adjudicator, whose decisions are binding and enforceable. Forgive me: I am not sure I heard the noble Lord refer to that, but we believe that system works very well.

Where an individual child is refused a place at a school they have applied to, the parent always has the right to an independent appeal. We made changes to the School Admissions Code last year to improve the process for managing in-year admissions and to improve the effectiveness of the fair access protocols, the mechanism to find places for vulnerable and unplaced children in-year. The local authority can direct a maintained school to admit a child and the Secretary of State has the power to direct an academy to admit a child. Looking forward, the schools White Paper confirmed that the Government will consult on a new statutory framework for pupil movements between schools and a back-up power to enable local authorities to direct an academy trust to admit a child. More broadly, there is a requirement that every academy trust has a published complaints procedure and, in turn, that this must include an opportunity for the complaint to be heard by a panel containing members not involved in the subject of the complaint and one person not involved in the management or running of the school.

As noble Lords have rightly said, it is important that parents have access to a strong and effective appeals process. The department currently provides a route for independent consideration of complaints about maladministration of appeals in relation to academy schools. To put this in perspective, we received 374 complaints about maladministration by independent appeal panels between 1 April and 31 December 2020. Of these, 123 complaints were in scope and were considered further. However, that is a tiny number compared to the total number of appeals that year, which was 41,000 for academies and maintained schools. We are aware that the Local Government and Social Care Ombudsman has made proposal in its triennial review, similar to the one supported by the noble Lord, Lord Davies of Brixton, that it should include maladministration of academy appeals. We are considering its proposals and will publish a response in due course. Therefore, we believe that there are sufficient measures in place for academy complaints and that these amendments are not necessary. I ask the noble Baroness, Lady Chapman, to withdraw Amendment 171H and other noble Lords not to move theirs.

[Baroness Chapman of Darlington (Lab)]

I am very grateful to the Minister for her response. The amendments that my noble friend Lady Morris and I tabled are different, but they come from the same place, if I may put it like that. My experience is more about getting anyone who has any interest whatever in the life of young people in a particular place together, and I found that useful, but I completely understand and support the idea of getting a focus on school improvement. There is a lot to be said for that and it is pleasing that the Government are, I think, starting to recognise the value that brings and the need to allow for a place-based approach. Children live in a particular area and a particular community, and it is a problem when schools do not work together.

As an example, we had a problem with transition between primary and secondary school. We were able to get all the schools to work together and to agree that they would have one week that primary schoolchildren spent in their secondary school and the secondary schoolkids spent at work experience or in their sixth form or FE college nearby. Everyone did it together, it made life a lot easier and it made the experience far more beneficial for the children involved. There are practical things but it needs somebody to hold the ring and to organise and broker that agreement. If you do not have that, these things just do not get done. That is all we are trying to get at.

The other thing it does is to make head teachers and subject leaders, and perhaps a PHSE group in primary schools, accountable to one another. That is so valuable. My noble friend Lady Morris said that she felt she was a teacher in Coventry and had a responsibility to that place in which she had an identity. Mutual accountability brings out the best in school leaders. We are very pleased to hear that the Government are looking at it. I will go away and have a look at the things the Minister referred to, but I wonder whether the approach she outlined is strong or energetic enough to inspire that collaboration at a local level everywhere that needs it. It is interesting that EIAs will be asked to work on that. I would have thought that if it is beneficial to areas with that kind of problem, it would be beneficial to areas that fall just outside the criteria for them. I cannot think of a place that would not benefit from having school leaders and others working together.

On the Local Government and Social Care Ombudsman, we need to look at the Office of the Schools Adjudicator, but having said what I said initially and having listened to my noble friend make an incredibly good case, perhaps I have to look again at my experience of the Local Government and Social Care Ombudsman, at how user-friendly or not it might be and at whether there is something that could be done quite straightforwardly along the lines outlined by my noble friend that would improve the situation. I beg leave to withdraw the amendment.

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[Baroness Barran (Con)]

My Lords, I thank the noble Lord, Lord Watson, for highlighting the importance of spoken language and communication in his Amendments 171J and 171K. I pay tribute to him for his work in advocating for the importance of oracy, and I thank the APPG for its work. I mentioned to the noble Lord the other day that, certainly in the schools I visit, oracy is often mentioned as an absolutely key skill and tool in a child’s development and the way in which they approach and understand the world. However, I take the point of the noble Lord, Lord Storey, that it is about not anecdotes but a systematic approach.

Children’s spoken language levels are assessed during their time at school, including as part of the early years foundation stage profile, which happens as children leave reception year and again in GCSE English language. Last year, the Government published non-statutory guidance aimed at improving the teaching of the foundations of reading in primary schools, including guidance on developing spoken language. As the noble Lord mentioned, Ofsted recently published its English research review, which contains guidance on the importance of high-quality spoken language. However, it is hard to envisage how the Government would report on the overall level of pupils’ spoken language and communication without a new statutory national assessment. After a period of disruption in education due to the pandemic, new assessments monitored by the Government would place pressure on teachers and school leaders.

On the specific matter of Ofsted inspection, raised in Amendment 171K, Ofsted’s methodology is designed to ensure a holistic assessment of the quality of education provided. Inspectors undertake deep-dive explorations of a sample of curriculum subjects in each inspection to help build an understanding of the school’s curriculum. When English language is included, inspectors will expect to see pupils developing effective spoken language and communication skills as part of a strong English curriculum. All inspectors are trained in how to evaluate children’s language development, which includes their spoken English skills. The Government do not wish to limit a school’s inspection outcome based on one specific factor—although we absolutely understand the spirit of the noble Lord’s amendment—but, of course, the job of an inspector is to weigh up a range of evidence to reach a balanced assessment.

Finally, Ofsted is planning a subject report on English, which will include specific consideration of the quality of spoken language education in English schools. I hope that that addresses some of the concerns behind the noble Lord’s amendments. This will report next year.

I move to Amendment 171L, in the name of the noble Baroness, Lady Chapman. Getting students back in face-to-face education has obviously been one of the Government’s top priorities. Since June 2020, we have committed nearly £5 billion to fund a recovery package prioritising the most disadvantaged and those with the least time left in education. I note the noble Baroness’s emphasis on early years but I know that she will also acknowledge the pressures on children who have little time left at school and have missed a big chunk of their education. Our investment will provide 500,000 training opportunities for early years practitioners and teachers and up to 100 million tutoring hours for five to 19 year-olds by 2024.

We are great believers in the added value that undergraduates and graduates can offer to schools. We have spoken to universities about how their undergraduates may become National Tutoring Programme tutors, and we welcome other programmes that enable undergraduates and graduates to work in schools. The Government are providing an additional £1 billion to extend the recovery premium over the next two academic years to support the most disadvantaged pupils. If I followed her correctly, the noble Baroness focused particularly on the importance of the recovery premium and the pupil premium more broadly.

Primary schools will continue to benefit from an additional £145 per eligible pupil, and secondary schools will receive £276 per eligible pupil. For special schools and alternative provision, there will be an additional £290 at primary level and £552 at secondary. The noble Baroness makes very sound points regarding the importance of early years; the Government understand those points and have focused, particularly through our family hubs, to ensure that support is there for the youngest children and their families. We also stress the point that older children have little time left, hence the choices we have made, as we have almost doubled the secondary rate—also to reflect the greater learning loss that has been seen in secondary pupils. We are always reviewing and assessing our approach to targeting funding towards deprivation. That includes not only the pupil premium funding but the national funding formula. We are allocating £6.7 billion this financial year through the national funding formula towards additional needs, which includes deprivation. This is one-sixth of all our available funding.

Many of our recovery programmes can be used to tackle problems with attendance and behaviour, deliver social and emotional support and provide enrichment elements, in relation to both physical and mental health and well-being. The Committee will be aware that we published the national plan for music education on 25 June, together with the Department for Department for Digital, Culture, Media and Sport, which sets out our vision to enable all children and young people to learn to sing, play an instrument, create music together and have the opportunity to progress their musical interests and talents.

We are also supporting free breakfast provision by investing up to £24 million for 2021 to 2023, supporting up to 2,500 schools in the most disadvantaged areas. We are also considering ways to collect further data on the provision of breakfasts in schools; we are aware of a number of organisations that do great work in this area.

I now turn to Amendments 171N, 171O, 171P and 171Q in the name of the noble Baroness, Lady Whitaker. Of course, all types of bullying are unacceptable and schools play a vital role in preventing and tackling bullying. We believe that the basis for addressing bullying starts with a strong culture regarding behaviour in schools to support pupils, prevent all forms of bullying and ensure that there is a calm environment in each school to do well. All schools are required by law to have a behaviour policy that aims not only to encourage good behaviour but to prevent bullying among pupils. Schools are also required to have regard to the Keeping Children Safe in Education guidance, which will be relevant where there is a safeguarding risk to a child.

The Government are providing over £2 million of funding between 2021 and 2023 to anti-bullying organisations targeting the bullying of children and young people with protected characteristics. Part of our funding has gone to resources specifically on the bullying of Gypsy, Roma and Traveller children, such as an e-learning course on that subject that is now available to all schools in England.

Our Preventing and Tackling Bullying guidance sets out that schools should develop a consistent approach to monitoring bullying and evaluating their approaches. Schools are accountable to Ofsted, which will look at how effectively they prevent or deal with bullying incidents, including whether they have recorded incidents of bullying. We know, anecdotally, that formal reporting of incidents can act as a disincentive to record, which is why we worked with Ofsted to make its position on recording bullying very clear in guidance. The Government will continue to support the current school-level approach to recording, supporting schools to meet their duties to take action to tackle bullying.

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[Lord Watson of Invergowrie (Lab)]

My Lords, I thank all noble Lords who have spoken in this group. Before I come specifically to the two amendments in my name and that of my noble friend Lady Blower I would just like to say, on the amendments in the names of my noble friend Lady Whitaker and the noble Baroness, Lady Brinton, that bullying is one of those issues that if you do not measure it, you cannot improve it. The Minister has just said that Ofsted has issued guidance on schools recording bullying. That is all right for those schools which are doing that, but the point is that it is guidance. What about those instances where it is not recorded, for whatever reason—the school may wish to protect its reputation or whatever?

The noble Baroness talked about local authorities having a register. I think it is important to go beyond the individual school. We are moving away from a situation in this Bill where we thought academies were a law unto themselves; we are now finding that perhaps that is not the case after all. I think it is important to broaden that.

I will give some examples of bullying. Noble Lords have highlighted issues, and I would like to mention some more. One is that it is not just those you might think are obvious targets for bullying. Children who are adopted often suffer very badly from being bullied, if the fact that they are adopted becomes known. Noble Lords may remember that, following the MacAlister report on the children’s social care review, a day of action was organised here on Wednesday last week by a number of children’s charities. They brought along a lot of children in care and, in speaking to them, I was very disappointed to hear some of them say that they are stigmatised in school because they are in care. They said that some teachers will ask, “What do your mum and dad think of this?” Of course, a child in care can find that most distressing. That is not bullying—I am not suggesting that teachers bully—but it allows it to emerge, and children can then be subject to bullying by their peers. It takes so many forms and it has to be more carefully recorded, and schools held to account if they are not acting appropriately.

On Amendments 171J and 171K, I acknowledge the point made by the noble Lord, Lord Addington, about young people with dyslexia and dyspraxia. I should at least have referred to the fact that the amendment was as broad as possible and covered all children who, for whatever reason, need assistance with developing their speech and communication skills.

I hear what the Minister said about the guidance that is available. Again, the point is the same as with bullying: it is guidance. For those schools that abide by it, fine; but those that do not are the problem, and these are the areas where it has to be strengthened. That is why I think that a statutory position is necessary.

The Minister contradicted herself, because she said at one point, “We cannot really have statutory assessment at this stage”, in relation to the need to check on spoken and communication skills because, post-pandemic, that would put undue stress on teachers and school staff. That is basically saying, “It is a good idea, but this is not the time to do it”. If we say that, that means that the older children—the ones who will have moved on in three or four years, or however long it takes for us to be in a proper post-pandemic situation—have not benefited. Then the Minister said, in relation to my noble friend Lady Chapman’s amendment, that we need to concentrate funding now because the older pupils will have moved on by the time the funding reaches them. I understand her point about needing to make sure that older pupils get that consideration, but you cannot on the one hand say, “We cannot do it now” for one reason, but then say that older pupils have to get that consideration now in terms of the funding. I do not think it is an either/or situation.

[Baroness Barran (Con)]

I apologise if I was not clear. What I was saying was that to introduce an additional assessment early on would put greater resource strain on the system. What I was saying in relation to investment in older children was not about assessment; it was just making sure that we prioritise them for greater funding because they have less time left in school, so we want to give them as much support as possible.

[Lord Watson of Invergowrie (Lab)]

I thank the Minister for that clarification. I accept what she says about the differences as well, but I was drawing attention to the fact that older children, by definition, do not have much longer in school, so we need to ensure that they get every support that we can give them, either financial or through encouragement to improve their speaking skills. I also note what the Minister says about the current situation, so I invite her to bring forward an amendment on Report which might have a time-limited introduction of the sort of resources necessary for the suggestion I made in Amendment 171J.

I hope I have covered the points. I am not suggesting that the Minister is not taking these issues seriously—I know her well enough to know that she is and does—but there has to be some kind of step change, because the views and surveys I referred to earlier have pointed out that, however well meant things are, there are too many children who are not getting the assistance they need to make sure they have the skills that we discussed for many hours on the skills Bill not so long ago. To bring young people on to the jobs market, they need these skills—that is the key. There is no point in having a bit of paper that says “So-and-so has passed this qualification” if he or she is not really able to make the most of it by articulating in a way that helps them to do that job effectively. With those remarks, I beg leave to withdraw the amendment.