Skills and Post-16 Education Bill [HL] Debate
Full Debate: Read Full DebateBaroness Barran
Main Page: Baroness Barran (Conservative - Life peer)Department Debates - View all Baroness Barran's debates with the Department for Education
(3 years, 2 months ago)
Lords ChamberMy Lords, I rise to speak to the amendments in my name. Before doing so, I pay tribute to my predecessor, my noble friend Lady Berridge. I thank her for all her hard work and the dedication that she brought to this role.
I will speak to Amendments 1, 2, 4, 15, 22 to 25, 51 and 52, which are in my name. The first set of these amendments makes clear that duties related to local skills improvement plans will apply only to relevant providers that deliver English-funded post-16 technical education or training that is material to a specified area in England. “English-funded” is defined as education or training funded by the Secretary of State or an authority in England. This includes student finance provided by the Secretary of State and covers subcontracting arrangements to relevant providers.
These amendments will help clarify and ensure that English-funded technical education and training provision that is material to an area in England is better aligned to employers’ skills needs, leading to good jobs for learners and improved productivity. The amendments also make clear that employers that provide English-funded education and training only to their own employees are excluded from the definition of an independent training provider.
Clause 22 places a requirement on the Secretary of State to take into account any applicable local skills improvement plan when assessing whether the institution has failed to meet local needs. As a consequence of the amendments to Clauses 1 and 4, Clause 22 has also been amended to reference providers of English-funded education and training.
I now turn to government Amendment 49, regarding the list of post-16 education or training providers. First, I want to set out that the Government strongly value the role of independent training providers in helping to provide a diverse and innovative learning offer.
Amendment 49 ensures that regulations setting up the list of relevant providers can allow the Secretary of State, or any other suitable person or organisation identified in regulations, to exercise discretion about whether certain conditions have been met by relevant providers. This is required to ensure that any conditions set are practically workable and that there can be legal certainty over whether a provider meets some of the criteria.
For example, if the regulations set out that a provider must have a student support plan in order to be on the list, this amendment ensures that it will be permissible for the regulations also to set out that the Secretary of State or other suitable person may determine whether that plan is of reasonable quality. The ability to exercise such discretion would be introduced only after consultation, which is required for the first regulations made under this clause. The nature of any such discretion would be subject to additional parliamentary scrutiny and debate, given that the relevant regulations are subject to the affirmative procedure. This amendment will help to ensure that this policy can be applied in a workable, certain and proportionate way, helping to preserve the continuation of study for learners and keeping learners engaged in the event of a provider exit.
Amendments 5 and 6 in my name relate to climate change, net zero and the environment, and to the skills needed to support the transition to a net-zero carbon economy and to recover our natural world. The Government recognise the dual crises of climate change and biodiversity loss. We will need a workforce with the right skills and expertise to support and build a net-zero carbon economy and restore nature. To this end, we are working closely with BEIS and Defra to ensure that skills are at the heart of the Government’s environmental agenda. This will be emphasised by the proposed amendments, which will reflect our aims within legislation.
The amendment provides that the Secretary of State may approve and publish a local skills improvement plan only if satisfied that the skills, capabilities or expertise required in relation to jobs that directly contribute to or indirectly support the net-zero carbon target, adaptation to climate change and other environmental goals, have been considered in the development of the plans. This will ensure that employer representative bodies consider such skills needs when developing the plans. Through this amendment, local skills improvement plans will be an important tool supporting the Government to meet the new legally binding environmental targets being set via the Environment Bill, which will include a target to halt the decline in species abundance by 2030. Moreover, it will also aid the progress on environmental improvement plans, the first being the 25-year environment plan mentioned in the amendment tabled by the noble Baroness, Lady Hayman.
We will set out further details in statutory guidance, working closely with BEIS and Defra. These amendments, in addition to the statutory guidance, will support our collective efforts towards achieving our ambitious climate change and wider environmental objectives. I beg to move.
My Lords, I remind the House of my interest as co-chair of Peers for the Planet. Together with the noble Baronesses, Lady Morgan of Cotes and Lady Sheehan, and the noble Lord, Lord Knight of Weymouth, I have tabled Amendments 3, 7, 17 and 64 in this group. Amendments 3, 7 and 17 were tabled and discussed in Committee, but I am delighted that I do not have to press them and the case for them in the House today because of Amendment 6, to which the Minister has just spoken.
I congratulate the noble Baroness, Lady Barran, on her appointment and thank her for meeting with us to discuss the Bill over the conference Recess. I was very impressed by the rapidity with which she got up to speed on this complex Bill. As always, I am grateful for the engagement of officials and other stakeholders in the system who have briefed us. I would also like to place on record my thanks to the noble Baroness, Lady Berridge, for her thoughtful engagement.
Although most of the government amendments are necessary and technical, we were delighted to see on the face of the Bill the need for future skills, capabilities and expertise to align with the UK’s net-zero target. I pay tribute to Peers for the Planet and other Members across the House who argued so persuasively at Second Reading, in Committee and behind the scenes for green jobs to be formally recognised in legislation; and indeed to the further exhortation today of the noble Baroness, Lady Hayman, not to let pass an opportunity to ask for more.
It is imperative that consideration of climate change and environmental goals be embedded in skills strategies, and that LSIPs plan to deliver the high-skilled jobs our countries and our planet so desperately need. This is the right thing to do for so many people who are facing unemployment; it is the right thing to do for our economy to get a lead in the industries of the future; and it is the right thing to do in order to build a better quality of life for people across the UK.
Thus the devolution interactions with my colleagues in the Welsh Government should be resolved with this amendment, while the environmental issues with the requirement for consideration of net zero, the adaptation to climate change and other environmental goals are now in the Bill. They must be considered in the development of local skills plans, together with the requirement for the Secretary of State to publish a national green skills strategy that will include skills and will directly contribute to or indirectly support climate change and environmental goals.
Noble Lords are well aware that we face a jobs emergency and a climate emergency. More than 75,000 green jobs were lost from the UK economy in just five years under this Government. This includes thousands of jobs lost in solar power, onshore wind, renewable electricity and bioenergy, and a huge fall in the number of jobs in the energy efficiency sector. These figures throw into light the huge chasm between rhetoric and reality, with huge falls in low-carbon employment alongside pledges to deliver green jobs but without a genuine green stimulus.
We further see a technical fix in the list of post-16 education providers to allow conditions for being on the list to contain discretionary elements. Thus, an employer is considered an independent training provider only if education and training is provided exclusively to its employees.
We would have preferred a wider range of government amendments to be included in the list, and it will be the Opposition’s position to continue to persuade the Government that previously rejected amendments are crucial for inclusion in this important Bill, to ensure that the upskilling that is so desperately needed across our nations and regions is given the best possible start, and that post-16 education is enhanced and not limited by excluding certain learning pathways and is properly funded for both academic and vocational courses, to improve the life chances of young people and adults alike in the UK.
I hope the Minister can assure the House that this Government are ready to start delivering. It is what the British people deserve and what the crisis we face demands.
My Lords, I now turn to Amendments 3, 7 and 17, from the noble Baroness, Lady Hayman, which seek to ensure that local skills improvement plans consider the skills needs required to support the transition to a net-zero carbon economy to achieve our climate change and biodiversity targets. This was a topic of considerable interest in Committee and I thank all noble Lords for their contributions then. I cannot comment on whose persuasive powers were the greatest—whether it was the noble Baroness, Lady Bennett’s, protesters in Parliament Square, if I can describe them as such, or the persuasive powers of the noble Baroness, Lady Wilcox, representing the Opposition Front Bench.
I am grateful to the noble Baroness, Lady Hayman, for acknowledging that the government amendments meet the aims of the amendments in her name—Amendments 3, 7 and 17. At this point I also reassure the noble Baroness, Lady Wilcox, that the Government are of course committed to delivering—but we are also committed to continuing constructive conversations about how we can deliver the best way forward on the issues that we all care so much about.
Amendment 64, in the name of the noble Baroness, Lady Hayman, seeks to ensure that a green skills strategy is published within 12 months of the Act being passed. The noble Baroness gave us a comprehensive view of a range of organisations which see this area as absolutely critical to address. My noble friend Lady Morgan of Cotes also made the important link with careers guidance, and the Government absolutely recognise the importance of working with industry to boost green skills. Last year, BEIS and the Department for Education invited experts to form the Green Jobs Taskforce, helping to build evidence on skills gaps in key green sectors and to advise the Government and industry on how to tackle them.
The aim for how local skills improvement plans will work—the noble Lord will be aware that we have trailblazer pilots running at the moment—is that the Secretary of State will ensure when signing off on a local skills improvement plan that it pays due regard to the national picture and all the different elements that input into that.
The Government recognise the importance of achieving our target of reaching net-zero carbon emissions by 2050 and our wider environmental goals. I hope my remarks have provided the reassurance that the noble Baroness needs and that she will not press her amendments but will accept the proposed government amendment.
My Lords, I shall speak very briefly, because we have spent a long time on this very important group of amendments. I added my name to Amendment 20, proposed by the noble Lord, Lord Lucas, to ensure collaboration between the Departments for Education and for Business, and local government. Of course, this is hugely important, because there is little point in encouraging students into work-based qualifications if there are no jobs for them to fill either locally—which is where the local government people come in—or nationally, where the Business Department should have an overview of the skills the country needs. We desperately need a long-term coherent strategy.
I so agree with the noble Lord, Lord Bird, in his plea for creativity in education. I have long espoused the idea that education should be fun and that every child should be encouraged in their own skills and interests to try to get confidence that they can contribute to society, and I do not think that our education system does that.
I also support Amendment 66, proposed by the noble Baroness, Lady Whitaker, putting in a plea for vocational English and maths. GCSE English and maths are academic and are absolutely not appropriate for a whole load of people whose skills are more practical. The noble Baroness is quite right to press for support for those for whom literacy and numeracy are real difficulties and challenges. Without those basic skills, people have such difficulties in every aspect of their lives. They need all the help they can get from the nation and community. There are some really valuable amendments in this group, and I hope that the Minister sees that and takes them on board.
My Lords, I am grateful for the opportunity to speak to this group of amendments. If I may, I shall start by responding to the words of the noble Lord, Lord Coaker, and his challenge to the Government. I do not want to be flippant, but there is nobody in this Chamber more aware than me of just how many former Secretaries of State for Education and former Education Ministers I am surrounded by. In listening to the noble Lord, I was reminded of the time when I worked in the City, where I was advised early on that “This time it will be different” were the most expensive words for an investor—so I hear him.
In trying to answer the noble Lord’s point about why it will work this time, I am grateful to him for pointing out that this is an enormously difficult and challenging area. He will be aware that, in the White Paper, we set out a number of planks through which we will try to address the entrenched issues that he raised. LSIPs—I think that by this stage in the debate I am allowed an acronym—are an important plank, and our reform of technical and vocational qualifications is another, along with how further education is funded in this country. I shall come on to the points that my noble friend Lady Neville-Rolfe, and the noble Lord, Lord Aberdare, raised about accountability, and the fact that we need to stay honest and keep checking how this works in practice, if necessary course-correcting to make sure that it delivers what the House resoundingly wants it to deliver. That is also an important part of it, albeit in future. So I thank the noble Lord for giving me the opportunity to set that out.
I turn to the detail of the amendments, and first to Amendments 8 and 9 from my noble friend Lady Neville-Rolfe and the noble Baroness, Lady Bennett, on consideration of skills deficiencies in specific fields when developing local skills improvement plans—skills described as absolutely crucial by the noble Lord, Lord Ravensdale. I know that my noble friend brings enormous experience from boardrooms around the country to her amendment; she rightly raises the importance of digital skills and innovation. The noble Baroness, Lady Bennett, has great insight into the issues surrounding the food system and biodiversity. We also heard from the noble Lord, Lord Ravensdale, about his very practical and relevant expertise and experience in engineering skills. These are all areas that the Government are actively trying to address in our skills policy. We have introduced, as noble Lords know, digital and other skills boot camps, covering construction and, most recently, HGV. So we are trying to be responsive to needs. On T-levels, we have introduced them recently in engineering and other related areas.
I am grateful to the Minister for her response—fairly grateful—but I had a number of other very specific questions. May I take it that she will write to me on those?
I had not forgotten, so I absolutely undertake to write on the noble Baroness’s specific questions in relation to Gypsy, Roma and Traveller communities and on the other points that she raised.
In response to the disruptions to education during the pandemic, a further £222 million has been provided to continue the 16 to 19 tuition fund for an additional two years from the 2022-23 academic year. It allows students to access one-to-one and small group catch-up tuition in subjects that will benefit them most, including maths, English and vocational courses.
My Lords, I think that the House wants to move towards a decision and the arguments made have been utterly compelling. The noble Lord, Lord Baker, deserves to be parliamentarian of the year for his speech alone. I have rarely heard a government policy eviscerated so comprehensively by one of the Government’s own supporters.
However, the Minister has our deep sympathy in seeking to reply. Can she point us to the actual statement of policy on which we are supposed to think that this is a good idea? I have been in search of it in the run-up to the debate because I am always in the market for evidence-based policy; after all, this is supposed to be an education Bill and one might expect that it has evidence behind it. I have searched in vain. The only statement that I could find on the policy that the Government are pursuing is in the skills White Paper of January 2021, which has one paragraph on this policy—an Orwellian paragraph because it states as fact things that have not yet even happened. I will read it to the House because it adds compelling force to the arguments of my noble friend Lord Blunkett and the noble Lords, Lord Willetts and Lord Baker.
Paragraph 63 on page 33 of the White Paper reads as follows:
“In September 2020, students across England started on the first ever T Levels.”
That is one year ago. These are some of the students in those two colleges that the noble Lord, Lord Baker, referred to. It goes on:
“The first three T Levels are in Construction, Digital, and Education & Childcare, and a further seven will be introduced in 2021.”
That is now; they are literally starting just now. We are being invited to legislate to abolish the qualifications which people sit in favour of qualifications that are only just at this moment being introduced. The Government say:
“We are proud of this programme”—
I am delighted that they are proud of the programme—
“which is based on employer-led standards and offers a prestigious technical alternative to A Levels.”
How can we know that they are a prestigious technical alternative when most of them have only just started, only a small minority have been going for a year, no candidates have yet got any of these qualifications and been able to give a view on them, and there has been no evaluation whatever? That is the sum total of the Government’s justification for this policy of unilaterally abolishing all the existing qualifications in favour of those that have not yet started.
The really compelling point was the last one made by the noble Lord, Lord Willetts. Not following the day-to-day developments in the education world, I had not realised that the Government were moving to abolish BTECs so quickly. We all support the development of T-levels, but to abolish the existing qualifications regime in this way is a truly astonishing act. He is completely right; I invite the House to imagine what would happen if the Government announced that in two years’ time, GCSEs and A-levels were going to be abolished in favour of a qualification which is only this year being piloted in schools for the first time.
When I was Minister of Education, we had to decide what to do with the Tomlinson report, which proposed to replace GCSEs and A-levels with a new 14 to 19 diploma. I strongly advised Tony Blair not to go ahead with this on the grounds that trying to run these two systems side by side—the development of a completely new diploma alongside maintaining GCSEs and A-levels—over a period of 10 to 20 years was simply unsustainable. In any case, we were being invited by Sir Mike Tomlinson, who is a friend of mine and I hold him in very high regard, on a series of assertions and nothing more, to think that a completely new qualification would outclass and—with the great English middle classes, who are very attached to the status quo—prove itself to be better than the entire existing system of education that was available then.
I can assure noble Lords that the arguments in the Tomlinson report did not get very far with Tony Blair; he certainly was not going to be the Prime Minister who announced that he was abolishing the entire existing system of GCSEs and A-levels in favour of an exam which had not even been introduced then. But that is precisely what is happening at the moment in respect of vocational qualifications. My noble friend Lord Blunkett brought up the social aspect, as did the noble Lord, Lord Baker—his closing remarks on the impact of this reform on students from black and ethnic minority communities and disabled students were literally breathtaking in their import.
We would not dream—least of all a Conservative Government, but I do not believe a Labour Government would either—of announcing in advance the abolition of the entire system of academic qualifications in favour of a new regime which had not even been properly designed, let alone tested. That is precisely what is happening in respect of vocational qualifications under the policy announced by the Government and taken forward by the Bill, and we need the biggest possible majority behind the amendment tabled by the noble Lord, Lord Lucas, and these other amendments, so that the Government are invited to think again.
I thank all noble Lords for their powerful contributions on this group and I will attempt to set out again our measures in relation to technical educational qualifications. I underline that our ambition with these changes is for a technical education system that is directly rooted in the needs of the workplace. Our reforms will raise the quality of technical qualifications and give young people and adults the skills they need to progress into skilled employment.
Oh, I am so sorry, I will try to speak a little louder; forgive me. Our reforms will make sure that every qualification has a clear and distinct purpose so that learners attain the skills they need to succeed in high-quality higher education or to progress into skilled employment.
We set out the qualifications we intend to fund alongside A-levels and T-levels in the summer. I can assure noble Lords that we will fund a small range of high-quality qualifications at level 3, including some BTECs, that could typically be taken alongside A-levels if they meet our new approval criteria. These are qualifications with practical and applied elements, in areas such as STEM and IT, which support progression to high-quality higher education. For example, a student may choose to undertake an applied qualification in health and social care alongside A-levels in biology and psychology.
We will also fund larger qualifications that support progression to higher education in subject areas less well served by A-levels and where there is no T-level; for example, in the performing arts. These are not qualifications designed to relate to specific occupations and so will fall outside the institute’s remit, but we do expect them to include some BTECs.
In addition, we will fund technical qualifications which support the development of competence in occupations that are not currently covered by T-levels, where they meet the approval criteria. For example, this could include areas such as travel and tourism or training to be a blacksmith; these will be within the institute’s remit. Employers must play an active role in the technical qualifications system. The institute places the independent view of employers at the heart of its activity. It is important that the institute has discretion in its activity so that it can respond to the changing needs of the labour market.
Both my noble friends raised important points of detail about the data that we use to compare BTECs and A-levels and the specific rules around taking a second BTEC, the environment in which T-levels are taught, and the background to the recent policy announcement. If I may, in the interests of time, I will give responses and clarification to those points because there were possibly some misunderstandings, which I can address in a letter.
Amendments 28 and 33 from the noble Lord, Lord Watson, and my noble friend Lord Willetts, would require public consultation and the consent of employer representative bodies before institute approval is withdrawn, or before funding is withdrawn where a qualification no longer has institute approval. Institute approval is a mark of quality and currency with business and industry, showing that employers demand employees who have obtained that qualification. I hope that in some way that reassures my noble friend Lord Willetts and the noble Baroness, Lady Garden, both of whom referred—my words, not theirs—to a certain academic snobbery about technical qualifications. This is not about academic snobbery but about what employers have told us they need and value. Approval would be withdrawn when a qualification no longer meets the criteria against which it is approved and no longer delivers the outcomes that employers need.
The institute will actively involve employers when making decisions, including through its route panels. These panels hold national sector expertise and expert knowledge of occupational standards which have portability across employers. The requirement for a public consultation and consent from employer representative bodies, which are not designed to give input on individual qualifications, is therefore unnecessary.
Amendment 29 from the noble Lord, Lord Watson, seeks to delay withdrawal of level 3 qualifications for four years. It is vital in a fast-moving and high-tech economy that we close the gap between what people study and the needs of employers. That is why we are introducing more than 20 T-levels in 2023 and strengthening other routes to progress into skilled employment or further study.
The number of T-level providers is already growing quickly, from 43 providers in the first year to over 100 delivering in year 2, 188 in total by 2022, and significantly more by 2023, when we allow a greater range of providers to start delivery. We are looking carefully at where students currently take qualifications that may be withdrawn to ensure that relevant T-levels and sufficient numbers of industry placements are available in those areas. I know that both points were of concern to your Lordships this evening. I want to be clear that we will not leave learners without access to the technical qualifications that they and employers need during this transition phase.
We have provided significant support to help providers get ready for T-levels and will continue to do so. This includes £165 million to support industry placements, and over £250 million has been made available in capital funding and the T-level professional development programme, available to all staff teaching T-levels.
T-levels raise the quality bar for technical education. They are co-designed with over 250 leading employers and based on employer-led occupational standards. We have tried to learn the lessons from the past, when new, high-quality programmes, such as the 14-to-19 diplomas, failed because they were added to the market without the removal of competing qualifications. We want as many young people as possible to benefit from T-levels, which is why it is important for us to proceed at pace.
Did the noble Baroness just say—I think the House was slightly surprised by that remark—that it was mistake not to have abolished GCSEs and A-levels because that might have led to the development of a 14-to-19 diploma?
I am happy to write to the noble Lord to clarify the background to that but my understanding is that there were quality programmes, such as the 14-to-19 diploma, which did not gain traction, which I am sure the noble Lord would accept. I suggest that in part, that was because other qualifications were not removed.
Perhaps the noble Lord will allow me to proceed.
Amendment 30 from the noble Lord, Lord Watson, seeks to confirm that the decision to withdraw approval from a technical qualification may be subject to judicial review. I assure your Lordships that the institute is a public authority and its decisions can be reviewed by the courts in the same way as the decisions of any other public authority.
Amendment 32 from the noble Baroness, Lady Garden, would require the institute to publish in advance the criteria which must be met before withdrawing approval of a technical education qualification. It is absolutely right that the institute should publish information so that awarding bodies know in advance the matters the institute will take into account. The Bill already provides for this in new Section A2D6(4).
As I said, approval will be withdrawn when a qualification no longer meets the criteria against which it was approved; for example, where it fails to keep pace with the relevant occupational standard, which will evolve with industrial advances. Specifying criteria that must be met for withdrawal—in addition to criteria that must continue to be met for a qualification to retain approval—would result in duplication and will remove the flexibility the institute requires to meet employer needs.
A number of questions were asked regarding the impact of T-levels on social mobility. Again, if I may, I will set out our position in more detail. However, I would like to be clear that the Government are absolutely committed to levelling up. Social mobility is clearly an integral part of this and education, skills and careers are vital to making a success of those efforts. We believe that T-levels represent a much-needed step change in the quality of the technical offer. As we have heard, they have the endorsement of employers, and alongside T-levels we have introduced the T-level transition programme to support students who are not yet ready to start a T-level at 16 but who have the potential to progress to one. We have also introduced flexibility for SEND learners across all elements of the T-level programme.
In conclusion, our reforms to post-16 qualifications aim to ensure that we will have a system where the choices are clear and learners can be assured that every option is of high quality, whether it supports progression to higher education or to skilled employment. Extending the role of the institute will make certain that the majority of technical qualifications available in England are based on employer-led occupational standards and deliver the skills outcomes that employers need. Given this, I hope that my noble friend Lord Lucas will feel comfortable in withdrawing his amendment, and that other noble Lords will not feel it necessary to move theirs.
My Lords, I am grateful to my noble friend for that comprehensive reply. I will start by agreeing with her final words. Let us have qualifications that are clear, where every option is high quality, with employer-led standards and the skills outcomes that employers need. However, whatever language my noble friend dresses this up in, she is saying that the Government intend to abolish BTECs well in advance of having any information to show that T-levels deliver what we all hope they will deliver. Given in particular the effects that my noble friend Lord Baker has outlined on the children we ought to be having most care for—so ought the Government—I very much hope that one of my noble friends, or more of my noble friends than the noble Lord opposite, will choose to move their amendments. As far as my amendment is concerned, I prefer that in the name of my noble friend Lord Baker, so I hope he will consider moving it. However, I will certainly vote for some of the amendments in this group if they are moved to a Division. I beg leave to withdraw my amendment.