Schools Bill [HL]

Baroness Bennett of Manor Castle Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

In line with previous approaches, the Bill is silent on what education legislation they would like academies to be subject to. Despite the Minister’s attempts to reassure the House, we continue to be unclear why the Secretary of State is taking these powers. If the Government listed which Acts they are considering, we would be able to have a debate. That is why so much of what we are hearing has a déjà vu aspect to it. We are struggling to find areas of discussion and scrutiny because there is so little evidence of this in this wafer-thin Bill. Where is the legislation, for example, on teachers’ pay, which does not currently apply to academies? National terms and conditions should be a prerequisite for the profession, so that teachers can once again have the security of moving between schools and sectors without a serious dilution of rights, as noted by my noble friend Lady Blower in last week’s Committee debate. As it stands, these powers are not justified and should be amended. I will say no more because, as the noble Lord, Lord Addington, noted, there is very little else to say.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am slightly confused about the order of this but I thought it was really important that we heard the noble Baroness, Lady Wilcox, introduce the amendments. I want very briefly to speak for the Green group and to agree entirely with the noble Lord, Lord Addington, on the desire to throw all these provisions out. I also very much want to commend the noble Baronesses, Lady Chapman and Lady Wilcox, for attempting to clarify and improve the Bill. In particular, Amendment 34A is terribly important.

In our debate last week, I highlighted the amazing lack of the words “parents”, “pupils” and “communities” in the Bill. I really commend the noble Baronesses for putting consultation with pupils in here—a principle that needs to run right through the Bill. We do not want the Secretary of State to have the power to make these decisions but if that were by some miracle to stay in the Bill, it is really important that we have consultation measures. The fact that pupils are included in this consultation is a really good principle to build into the Bill.

[Lord Baker of Dorking (Con)]

My Lords, I think Amendment 35 allows us to discuss Clause 3 standing part of the Bill, and I would like to say something about that. This is an important Bill.

Schools Bill [HL]

Baroness Bennett of Manor Castle Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I have to declare my interest as chair of the National Society, which oversees Church of England schools, although obviously they are all devolved around each diocesan board. I also apologise that I cannot be here for days two and three in Committee. I have a long-standing family holiday booked, and my marriage and parenthood are more important. I assure noble Lords that things will be covered by other Members on these Benches.

I have been told clearly by Members of this House that I should be very concerned about Clause 1, and indeed Clauses 2, 3, 4, 5, 6, 7, 8 and so on. Because of the nature of the people who have expressed those concerns, I listened very carefully. However, in principle I am persuaded that the move towards full academisation warrants the Secretary of State being given some additional powers. I disagree with a large number here: I think the direction of travel is abundantly clear. It is full academisation. If that is the direction of travel, we need to ensure that system is appropriately covered.

The Secretary of State has always had some powers. For example, because of the new Diocesan Boards of Education Measure, all dioceses have recently had to produce a new diocesan board of education scheme. Every single one of those has had to be submitted to the Secretary of State to sign off. Not in one instance has the Secretary of State asked any questions back of any diocese because, with the process that has been gone through, the schemes never landed on the Secretary of State’s desk until we knew that they would be happily signed off. So some powers already exist, and there is an argument that some need to exist in what is the emerging new system. We have to move away from the contract-by-contract basis that we are currently operating with academies. To put them all on a statutory basis makes complete sense.

That said, along with everyone else, I express deep concern about the way the clause is drafted. Oddly, it is both too loose—what are “examples” in legislation?—and too prescriptive and interfering. Somewhere, that balance has gone completely skew-whiff in the way it is worded.

Clear boundaries need to be established. I have looked and thought very carefully and, contrary to the noble Lord, Lord Young, I think that the Amendment 1 is correct in saying “must”, but it has to then go with Amendments 3, 6, 9 and 13—and possibly Amendment 11, which is in a different group. We need it clearly stated, and these seem very clear around what standards should be set—and then they will leave academies free in all the ways in which we have said that they need to be free to set a lot of their policies.

I hope that the Minister and the whole team will be open to taking these amendments and the concerns raised seriously and that they will return on Report with a very different Clause 1. I hear what was said about not returning to Report until the autumn, and I think that is very wise advice.

[Baroness Bennett of Manor Castle (GP)]

I rise towards what I imagine is the end of a very rich and telling debate. We have seen huge expressions of concern about this Bill, and particularly the initial stages of it, from all sides of your Lordships’ House. I agree with the noble Baroness, Lady Morris, about the difficulty of amending the Bill. I am working with a number of campaign groups and parent groups, trying to work out how to deal with the lack of clarity, the incoherence and contradictoriness of so much of the Bill, and it is proving very difficult. I apologise in advance that, normally, I try to put down all my amendments before the first day in Committee, but I have not managed it this time, because there is so much—and so much concern out there.

I shall try not to repeat what has already been said by others, but I have to begin the debate on this Bill by reflecting back on my 10 year-old self. When I was 10 years old, I was absolutely fascinated by and loved lungfish. They are absolutely amazing and fascinating creatures, and I remain amazed and fascinated by them, but I do not believe that every child in this country should be made to learn about lungfish. That picks up the point made by the noble Baroness, Lady Chapman. Many of us have things that we think that everybody should know, but the person who should help children to discover the things that they are interested in—the teacher in the classroom with them—is the person who can best help every child to learn what fascinates them, what interests them and what will be of use to them and their community. Clause 1, in particular, is heading in the opposite direction.

I attached my name to Amendment 13, in the names of the noble Baronesses, Lady Chapman of Darlington and Lady Wilcox of Newport, as a bit of a sample and a case study. This is where the Secretary of State is given the power to direct the amount of teaching across the school year. Let us think about the very different situations in which schools find themselves at this moment—although it could be at any time—at the tail-end of a hugely destructive and damaging pandemic. Let us think about a small rural school to which pupils have to travel very long distances from a very young age, with long travel times and difficult travel. How can a Secretary of State sitting here in Westminster say, “You have to do this many hours”, even when the head teacher and the other teachers know that their pupils are exhausted, worn out and struggling? There needs to be a balance in people’s lives and a balance in the way of teaching.

I am thinking about the idea that you can apply one rule to something as simple as the number of hours of teaching in a year. How do you classify what teaching is? Of a day spent going out walking through a national park and exploring it without any particular formal curriculum elements, but giving pupils the chance really to experience and be in nature, is a Secretary of State going to say that it does not count in their hours? How can that possibly work?

I want to pick up on one interesting point that the noble Lord, Lord Knight of Weymouth, made about Ofsted. He suggested that it could just inspect multi-academy trusts under the Government’s proposal. Now, the Green Party wants to abolish Ofsted but what the noble Lord proposed might be a really interesting step along the way, given that we know how immensely damaging Ofsted’s visits to individual schools are. I do not agree with making every school become an academy or part of a multi-academy trust, but that is a really interesting example of the way that this whole debate has run, and of how the Bill is half-baked and not thought through. There are so many possibilities and different ways in which it might develop.

I want to say one final thing. Perhaps to the surprise of the House, I am going to bring up Brexit—not because education ever had anything to do with the European Union but because the slogan that essentially decided the result of the Brexit referendum was “Take back control”. I do not think people were really thinking then, or think now, that the right thing is to have taking back control mean that the Secretary of State for Education has control, at a fine, detailed level, of the education of every child in this country.

[Lord Davies of Brixton (Lab)]

My Lords, I want to add one thought to the debate. As my noble friend Lady Morris said, the Bill is setting out a brand-new structure for schools in this country. What is unclear is what that structure will be. What is the dynamic or philosophy, or even the structure that lies behind this proposed new system of school education? It has been nominated as academies—it has their name attached to it. I am a doubter about academies. We could have an interesting debate, probably more on this side, about their role and what they have achieved. Because it was raised by my noble friend Lord Young, I have to say that I find his reference to failing schools in London, with the implication that there was a mass failure of schools there, offensive. However, I am not going to debate that today.

What is before us today on the structure is not about academies at all. Multi-academy trusts are, in fact, the antithesis of academies as originally envisaged. These are large, bureaucratic, non-local, geographically distributed organisations, with no local involvement other than as a toothless add-on. We will try to do our best later on to build in local and teacher involvement. I would argue for school-student involvement in the way that they are run, but these will be big organisations and the dynamic will be for them to become even bigger. They will be big, bureaucratic organisations which are effectively under the thumb of the Secretary of State. Is that the schools system that we want? I certainly do not think it is.

As a final thought, we saw research this week from the Institute of Education showing that the one thing multi-academy trusts do not do is to rescue failing schools. Its evidence showed that they had no impact on rescuing failing primary schools and very little on rescuing secondary schools. So I am incensed, in part, by the failure to recognise the role that local authorities should still play in governing our education system.

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[Baroness Brinton (LD)]

My Lords, I start by saying that my noble friend Lord Storey is unable to be in his place today, so, as a co-signatory to his Amendment 8, I will introduce it on his behalf. Why is it important to have mental health specified in Clause 1(2)(b) in relation to standards? In parentheses, we have just discussed three groups using the telescope to look up to the night sky, trying to see the strategic issues related to the Bill, and I am going to follow the opposite route of the noble Lord, Lord Lucas, and look down the microscope at one very particular issue that I think needs to be in the Bill, despite all our concerns about these clauses on academies.

Why should standards need to specify mental health? It is very straightforward. It is because, in the pyramid of support for children and young people with mental health problems, schools are absolutely on the front line of a universal service, and teachers and staff are often the first to be able to identify worries. They are also the non-specialist primary care workers. Over the last 10 years, we have seen a substantial series of policy announcements—at least 19—which cover or include mental health, starting in 2011 with the strategy paper No Health Without Mental Health, which recognised the importance of early intervention and pledged to improve access to psychological therapies for children and young people.

A year later, the No Health Without Mental Health implementation framework was published, describing how different bodies, including schools, should work together to support mental health. In 2014, there were four further policy actions; there were five in 2015, including early intervention funding. In 2017, the Green Paper on children’s and young people’s mental health was published and included incentivising schools to identify and train a designated senior lead for mental health, funding for new mental health teams and a pilot for a four-week waiting time for access to specialist CAMHS teams.

That Green Paper was a start, but most people agreed with the Education and Health and Social Care Committees, which published a joint report saying that it was going to fail a generation. So, before Covid even struck, we already had a very public recognition that various parts of the public sector were not serving our children and young people with mental health issues well, including schools, principally because they were not getting the financial support or formal guidance they needed.

In a YoungMinds survey, three-quarters of parents said their child’s mental health had deteriorated while waiting for support from child and adolescent mental health services. In total, less than 1% of the NHS budget is spent on children’s and young people’s mental health services. The number of A&E attendances by young people aged 18 or under with a recorded diagnosis of a psychiatric condition has almost trebled since 2010. So, even before Covid started, many children and young people struggled with mental health problems. It is not that they were not there before Covid, but now lockdown and the various other pressures that children have had to face have exacerbated those underlying problems and they are now very evident to schools, to parents and, above all, to children and young people themselves. In fact, 83% of children and young people in a survey by YoungMinds reported that the pandemic has made their mental health condition worse.

I come back to this pyramid of support for children and young people. Its absolute firm, solid base is the role of our educators and associated staff in schools. The long litany of government papers shows that there needs to be action. Just subsuming mental health into a general health standard will go exactly the same way as all the other papers—strong on words, very light on action. My noble friend Lord Storey and I are arguing that we need to specify mental health here; otherwise, it will not be the priority it should be, not just for schools but for our local authorities, for local NHS bodies—whether they are CCGs or not—and, above all, for government to provide grants to make sure that it can happen.

I also support Amendment 37, which strengthens our amendment by referring to guidance by the Secretary of State to schools, and strongly support Amendments 9 and 11 in the names of my noble friends Lord Storey and Lord Addington. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak chiefly to Amendment 21A in my name. We are again addressing Clause 1; I will put to one side the whole question of whether it should be there at all. We had a discussion earlier about what schools should be—that we should be talking about not just structures but what they should be doing and how they should fit into our broader social framework. This amendment is an attempt—a preliminary one, I stress—to look at how we might see schools as part of a community, not just as institutions turning out pupils to go into the workforce at the end of their time in them. With that in mind, there are three elements to my attempted draft.

First, proposed new paragraph (u) suggests

“consultation, engagement, and co-production with pupils, parents and the wider community”

on what the school is. As many noble Lords have said, with multi-academy trusts potentially scattered all around the country, as some of them already are, how do they get embedded in the community and how does the community contribute to the trust? This is an attempt to write the setting of standards into Clause 1 to say that the school must be part of a community.

I went through the Bill and analysed the appearances of the words “pupil”, “parent” and “community”. Interestingly, “pupil” appears 58 times, quite often when the Bill talks about safeguarding and welfare, both things we could not possibly disagree with. There is also quite a lot about attendance at schools, which I will get to later. However, nowhere does the Bill talk about what role pupils might have in deciding their own education and having a democratic role in the structure of their own school. My representation to your Lordships’ Committee is that, if we want to be a democratic country, we want democracy to start in schools. Those most expert in the experience of being a pupil at a school are the pupils.

The word “parent” appears seven times. Two are in the context of the rights of parents with children at religious schools. There is a duty to explain the attendance policies of schools and a duty on parents to provide info to schools. However, again, there is nothing about the role of parents in running, deciding, guiding or acting in schools. I know that amendments to other sections of the Bill will try to ensure that there are parent governors; that is one way of doing it, but it is by definition only a very small number of people. This is an attempt to say that parents should have a much bigger, broader role. I have been a governor and seen parent governors facing huge wodges of paperwork; not every parent will be able to engage as a governor, but they should be involved.

Particularly interesting is that “community” appears only a few times in the Bill and that every reference is to the category of “community schools”. There is no reference to the actual community in which a school is placed.

That is what this amendment is seeking to do. Proposed new paragraph (u) looks at seeing a school as a co-production of all the parts of a community. Proposed new paragraph (v) looks at academies and proprietors reflecting the needs of the community, so it is dealing with the structures and what the multi-academy trust and trust governorship are doing. Proposed new paragraph (w) looks at the contribution the school makes to the whole life of the community. The school at which I was a governor served a very poor, disadvantaged and diverse community, and as a practical example of the kind of thing that a school can do on a very small scale, it organised a number of events where parents got together and shared their different craft skills. Many of these parents had no language in common, but this was a way for people to make friendships within a community across different language groups and backgrounds, so the activities of the school were helping to build a community. That is the sort of thing a school needs to be doing.

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[Baroness Penn (Con)]

I hope to assure the noble Lord that those requirements will be written into the academy trust standards. If academy trusts do not meet those standards there will be enforcement mechanisms that they will need to comply with. If there is non-compliance on a specific standard where the trust is otherwise meeting requirements, it is likely that the Secretary of State would issue a compliance direction, which sounds like it might emulate some of the interventions the noble Lord took with my noble friend when he was previously Minister. If a trust failed to comply with a number of standards, or the Secretary of State was satisfied that non-compliance indicated a weakness in the governance or management of the trust, he might issue a notice to improve. The requirement on academies when it comes to special educational needs that is in place at the moment will be replicated in these standards. There will be a mechanism by which to enforce the meeting of those standards.

That takes me on to Amendment 22 on the inclusion of work experience. Again, we do not intend to use the regulations to place any significant new burdens on academies but we will replicate existing requirements in this area. For example, academy trusts must secure independent careers guidance for year 8 to year 13 pupils and have regard to the underpinning statutory guidance, which makes it clear that secondary schools and colleges should follow the Gatsby benchmarks of good career guidance and offer work experience placements as part of their careers strategy for all pupils. As the noble Lord will know, the Education (Careers Guidance in Schools) Act 2022, due to be commenced in September, will extend the duty to secure independent careers guidance to all academy schools and alternative provision academies, and bring year 7 pupils into scope for the first time. That will be replicated and, as I explained to the noble Lord, Lord Addington, there is also a mechanism to ensure that those standards are met and enforced.

Finally, I completely agree with the noble Lord, Lord Addington, on the importance of extracurricular activities. It is not our intention to go beyond the existing requirements on schools. For many of those activities, the school is best placed to design activities that meet the needs of its pupils and, to address the amendment from the noble Baroness, Lady Bennett, situate them in its community. On the noble Baroness’s Amendment 21A, there is already provision in the funding agreement that requires academy trusts to ensure that each of its academies is at the heart of its community, promoting community cohesion and sharing facilities with other schools, other educational institutions and the wider community. It is our intention to reflect that in the academy standards when they are developed.

[Baroness Bennett of Manor Castle (GP)]

Could the Minister address the point I made about democracy within schools and pupils having a say about their own education? If she is not able to do so now, will she do so later?

[Baroness Penn (Con)]

Again, I think that would be something that would not be set out in the academy standards but would be best developed by schools themselves. I think I have covered all the points raised in this group, and I hope the noble Baroness will feel able to withdraw Amendment 8.

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[Lord Davies of Brixton (Lab)]

My Lords, I support these amendments. I have just one narrow point I wish to add. One thing that is lacking and to me seems essential is some reference to school students and their participation in the governance of their schools. To me, the case for those over voting age is unanswerable: they can vote in a national election, but they have no right to participate in the governance of the institution to which they belong. Given that the Labour Party’s policy is, I think, votes at 16, I would make the case that school students from age 16 should have a statutory right to participate in governance. I would even suggest that there is some scope for clear guidance to involve even younger children. I believe that there is some interesting work done in many primary schools now where the children are involved. Unfortunately, I missed the boat on making this specific point in an amendment, but I am sure that this issue that will return on Report and I hope that, at that stage, some reference to school students could be included.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Davies of Brixton—indeed, he picked up on a point that was in my Amendment 21A about the involvement of pupils, and the follow-up question I asked the Minister. Perhaps we can work on that amendment on Report, because it is crucial and I do not think we have to keep it to voting age, or even 16. At some level, pupils should have a say in their education if we operate in a democracy.

I am aware that the noble Lord, Lord Nash, is not currently in his place, but I feel strongly that I need to respond to what he said about stars in education and star teachers. Underlying that is a real concern about importing traditional private sector approaches that have seen some executive head teachers receiving extremely high levels of pay. What we have to acknowledge, particularly in an educational setting, is that, ultimately, we are talking about a teacher who should be part of a team of teachers working together. Every teacher has something to offer and the idea that we hold up some people as stars and everyone else just has to follow what they do is a deeply damaging approach to education.

I also note the point the noble Lord made about curriculum resources. Of course we do not want every teacher to have to start from scratch, but there is also grave concern that this Bill talks about multi-academy trusts as proprietors. By law, they are not for profit, but if they are very large institutions buying curriculum resources and other supplies from commercial suppliers, we really have some questions to ask about where value for money and the right approach to public service are in that kind of structure.

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[Lord Hunt of Kings Heath (Lab)]

My Lords, I strongly welcome my noble friend’s amendment. I, along with my noble friend Lady Blower, have a number of other amendments in this area.

I want to encourage the Minister to say something about this. Clearly, she has heard all our concerns about Clauses 1 and 3. I just want to suggest that one way through may be to consider the super-affirmative procedure for dealing with the issue of standards. We debated earlier the issue that even an affirmative instrument allows us only a debate. The advantage of the super-affirmative procedure is that it allows both Houses of Parliament opportunities to comment on proposals for secondary legislation and recommend amendments before orders for affirmative approval are brought forward in their final form. The idea of the super-affirmative procedure is that those orders are implemented in enactments where an exceptionally high degree of scrutiny is thought appropriate—for instance, for the scrutiny of certain items of delegated legislation made or proposed to be made under Henry VIII clauses.

Take my noble friend Lady Chapman’s earlier amendment, in which she sought to replicate the standards in relation to independent schools and said that, basically, this would give a much more explicit set of standards to work on. If you combine that with the super-affirmative procedure, you might achieve a greater and more effective way whereby Parliament could scrutinise what the Government seek to do. However, I really do not think that simply having regulations is the way to do it. I urge the Minister to consider this procedure as one way through, because it would give Parliament an opportunity to comment on the draft regulations and the department an opportunity to go away and consider it before coming back with the substantive order. In some ways, this would be a very good way to deal with some of the issues in this Bill.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to speak briefly to Amendment 28 in the name of the noble Baronesses, Lady Chapman and Lady Wilcox, to which I have attached my name.

I agree entirely with what the noble Lord, Lord Hunt, just said. However, what particularly attracted me to this amendment was its reference to

“an annual report on the exercise of the powers … and … an annual impact assessment on the exercise of those powers.”

The Minister reassured us a number of times in our debates on earlier groups by saying that “it is not the intention of this Government” to do this or that. The annual review proposed by this amendment would ensure, whatever Government are in power, an assessment of how the law is being used. Given the current powers in that law, many Members who usually sit on the Benches opposite might think that this would be a good idea with a different Government in place.

[Lord Addington (LD)]

My Lords, I rise to speak briefly. This amendment is in the spirit of many of the amendments that were moved before. Basically, we need it to see what is coming and get some opportunity for comment. Is the super-affirmative procedure here the same as that for the amendment I moved earlier? No, but it is another way of skinning this particular cat—if one is allowed to use that expression any more.

We must make sure that Parliament sees this and can interact with the process. That is what we are all arguing about here and what has dominated both Part 1 and Clause 1 of the Bill. If the Government accepted something like this amendment or some combination thereof, they would probably have a much easier time of it and rather less excitement in Committee.

Schools Bill [HL]

Baroness Bennett of Manor Castle Excerpts

2nd reading & Lords Hansard - Part two
Monday 23rd May 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

I declare my position as vice-president of the Local Government Association. It is a pleasure to follow the noble Baroness, Lady Brinton, and to speak after my noble friend Baroness Jones of Moulsecoomb, who covered particularly the issues that home educators have with this Bill. I will cover in our division of labour all other aspects of the Bill, but there are two in particular that I want to focus on today.

When I looked at the Bill, and particularly its provisions on multi-academy trusts, a Denis Healey principle came to mind. It has been labelled “the first law of holes”: when you are in one, stop digging.

The noble Lord, Lord Blunkett, reflecting a view shared by many other noble Lords, said that this is a “mouse of a Bill”, one that fails comprehensively to offer new ideas, new approaches, to tackle the enormous, seemingly overwhelming challenges faced by young people today in a society that is so failing them. Rather, I would say that it is a mole of a Bill. The Government are blindly digging in deeper on a failed policy, a policy that demonstrably does not even deliver what seems to be the one thing the Government are focused on: better exam results in a narrow handful of subjects. It also seems weirdly out of step with what you might think of as Conservative philosophies: more bureaucracy, lack of local control and lack of local democracy.

It is also a policy that you would think, given the problems of corruption in government spending that the noble Lord, Lord Agnew, has so strongly spoken out on in other contexts, the Government might be having second thoughts about. The controls handed to the Secretary of State mean that he will have extreme oversight over what multi-academy trusts do. I note that the extremely valuable briefing from the LSE points out that “related party transactions”—business arrangements between a MAT and a body that is associated with its governance—were worth £120 million in 2015. I know that the Minister may say that steps have been taken to crack down on that, but what if these powers are all handed to the Secretary of State?

But the issues here are bigger, much bigger, than merely money. They are about what schools are. They are not, or they should not be, sausage machines to shove out identikit pupils all around the country with the best possible exam results. They should be integral parts of communities, not just contributing to the education of the young but building strong ties across all ages. MATs do not require local governance, oversight and involvement at any level, but even if they do have some kind of community involvement in governance, they may well be spread across the country, hundreds of kilometres apart. How will local parents and citizens want to contribute, want to get involved and feel it is their school when they have no say?

One phrase in Clause 53 of the Bill that really struck me is where it talks about a

“proprietor of a school in England”.

“Proprietor”, the dictionary tells me, is the owner of a business or the holder of a property. That is a legal definition, but what does it say about the Government’s idea of what a MAT is? We have seen so many sweeping privatisations, and we have failed to recognise that schools are another area where we have lost so much public control and ownership.

Another aspect of the MAT model is striking. I go to an unsigned Department for Education blog, dated 14 October 2021, which, in justifying the government stance, says that MATs

“enable the strongest leaders to take responsibility for supporting more schools”.

So, again, we encounter a profoundly “un-Green” but, more importantly, a profoundly unsuccessful model of leadership. One person blazes the trail and shows the way, and everyone else trudges along behind following the directions of that one person. Instead, why not draw on the talents, abilities, skills and energy of the many—teachers, parents, communities and indeed pupils—to collectively shape their local school? As the LSE suggests, why not restore each school as an individual entity and, if you really want to keep MATs, allow schools to opt in and out as they like. That is not to decry the power of networks, but it would mean schools voluntarily—ideally groups of local schools—joining together and working together. A forced model is not a community; it is a bureaucratic, top-down imposition.

My second point is about mental health. The lack of provisions in this Bill, given our epidemic of mental ill-health, is striking. On 29 March, I asked the Minister about the UK having the unhappiest children in Europe. Her answer was entirely about exam results allegedly delivering better chances for children. Does she really think that deeply unhappy children, or children with mental illness, anxiety or depression or who are self-harming, can really be expected to attain the exam results that she and the Government crave?

I want to ask the Minister two direct questions. Is she prepared to consult two excellent organisations addressing issues around the push in this Bill to focus on attendance and force pupils into school despite the challenges it may present to their health and well-being? These organisations are Square Peg and Not Fine in School; I ask the Minister whether she will listen to what they have to say: that attendance and attainment cannot be at the expense of a child’s mental health and emotional well-being.

My second question is: what have the Government done to listen to pupils in drawing up this Bill? What consultation with young people has there been on its provisions?

Special Educational Needs and Disabilities Review

Baroness Bennett of Manor Castle Excerpts

Wednesday 30th March 2022 Lords Chamber

[Baroness Barran (Con)]

I understand why the noble Baroness talks about initial teacher training, although she will be aware that it is outwith the scope of this Green Paper. Our wider vision for teachers is that they should have opportunities for professional development at every stage of their career, whether that is initial teacher training, early career development or beyond. We will consult on creating a SENCO NPQ, which will give teachers who wish to develop in that area an opportunity to do so.

The noble Baroness also asked about the new approach. Some of the difference will be around clarity. First, the new approach brings together special educational needs and disabilities and alternative provision. As the noble Baroness knows, one of the things the pandemic high- lighted was the number of children in AP with special educational needs and disabilities, so we want to bring those together. We want absolute clarity around standards of provision and on roles and responsibilities. We also want much clearer accountability and the partnership to work in a coherent way, including with the partners I mentioned in response to an earlier question.

[Baroness Bennett of Manor Castle (GP)]

My Lords, returning to a theme that has been at the centre of our discussion, the Early Years Alliance did a survey of its providers in preparation for the Green Paper. It found that three-quarters of them had seen an increase in the number of children with formally defined SEND over the past two years, while even more—84%—believed that they had children whose needs had not been identified formally but were clear to them. The survey covered a really disparate group of nurseries, pre-schools and childminding professionals. Some 40% of them said that they get no extra funding now; 87% of them said that they do not get enough funding to meet the quality of care they believe is necessary; and 56% of them said that they had had delays in getting funding. Is the Minister really confident that there is enough in this Green Paper, with the reorganisation and redrawing of boundaries and responsibilities being put on local authorities, to address these issues? Do we not need massively more resources to be put into this stage, which the paper identifies as absolutely crucial?

[Baroness Barran (Con)]

The Government are putting significantly more resource in. I absolutely hear what the noble Baroness says but I hope she also accepts that we have little consistency in how we identify children with special educational needs and disabilities. Of course, their needs are at varying levels and require varying levels of funding to address them. Just from visiting mainstream schools, I know that there will certainly be great variations in the percentage of children identified with special educational needs. Sometimes that is because of great early intervention that has addressed and dealt with their needs; other times, it is because of poor intervention; other times, there are different reasons. However, every local authority will attract a funding increase of at least 12% per head for their two to 18 year-old population in 2022-23, with some local authorities seeing increases of up to 16% compared with the previous year. I hope the noble Baroness acknowledges that we are really committing money to sort this out.

Schools White Paper

Baroness Bennett of Manor Castle Excerpts

Tuesday 29th March 2022 Lords Chamber

[Baroness Barran (Con)]

I hope I can give the noble Lord a fuller answer tomorrow, when we talk about the SEND Green Paper. But in terms of this document talking a lot about children with special educational needs and disabilities, that is intentional. We are absolutely clear that the best place for the majority of children with special educational needs is in mainstream education close to their home and their friends. We need to make sure that mainstream schools are a safe, welcoming, supportive and effective environment for those children. We have looked at and tried to model the interventions that are set out in the White Paper to see how we can reach the targets that we have set out. As the noble Lord knows, however, currently only 22% of children with special educational needs reach the expected standard, compared with an average at key stage 2 of 65%—so it is well below what we need to get to.

[Baroness Bennett of Manor Castle (GP)]

My Lords, one of the themes that the White Paper majors on is listening to the voices of parents and making sure that they are heard. However, More Than a Score and Parentkind today put out a survey from YouGov, showing that 80% of parents think that SATs do not provide useful information about a child’s progress; 95% say SATs have a negative impact on their child’s well-being; and 85% do not consider SATs results when choosing a school. Only 1% of the members of the National Association of Head Teachers thought that key stage 1 SATs should go ahead this year; 3% thought that key stage 2 should go ahead. The White Paper is on the bigger, longer-term issues, but are we not seeing, both in terms of the Government’s determination to push ahead with SATs and in terms of the focus on academic targets and testing in this White Paper, a push to schools to more and more teach to the test in a narrow range of subjects? Are we yet again not listening to parents and not listening to pupils? I take the point from the noble Baroness, Lady Bottomley, about pupils spending 15,000 hours in school. We have the unhappiest children in Europe. We are failing our children, and focusing just on tests in a narrow range of subjects is a big part of that. Will the Government think about the happiness of our children?

[Baroness Barran (Con)]

The Government think a lot about the happiness of our children. We worry a lot about the children who are in underperforming schools, and where their life chances are being held back because of the nature of the education they receive. This is why we are focusing our education investment on areas of really entrenched under-performance. The noble Baroness shakes her head, but 54% of children in secondary schools in Knowsley today are in schools which have been judged more than twice as requiring more improvement. That is what will turn around our children’s life chances, and that is where we are focusing.

Higher Education Reform

Baroness Bennett of Manor Castle Excerpts

Monday 28th February 2022 Lords Chamber

[Baroness Barran (Con)]

In relation to the point about skills, on one level, of course, I cannot disagree—I never enjoy disagreeing with the noble Baroness. Of course, people should have the skills they need to access their degree. However, in the majority of cases, if not the vast majority, English and/or maths at GCSE level may well be necessary for the course that they are aiming to do. I stress that this is a consultation; we genuinely have not taken a view on it. There has been a great deal of focus in the media, in the other place and in your Lordships’ House tonight on the GCSE requirement. We will also be consulting on whether one should reintroduce a minimum A-level requirement. But our focus on foundation degrees and on additional opportunities to achieve the levels in English and maths are also part of how we will make sure that this happens.

[Baroness Bennett of Manor Castle (GP)]

My Lords, on the new lifelong learning entitlement, are the Government not simply loading even more debt on to a generation already carrying an enormous weight of debt, and extending that debt for even longer? It is a great privatisation of the cost of education, which used to be borne by the public purse collectively, by an entire society that benefited from it, and by employers who benefited from those skills. Instead, what we are seeing is an individualisation and a privatisation. For the 40 years when people would expect normally, in many cases, to be settling down, having a family and buying a house, they are going to have this weight of debt settling on their shoulders, and it will be even a higher percentage of this generation.

[Baroness Barran (Con)]

I absolutely do not recognise the description that the noble Baroness paints of the lifelong learning entitlement. If she does not agree with the Government’s decisions on this, she might want to, if she has not already, look at the Augar report’s recommendations. There is a clear need expressed: 24% of people when surveyed said that they had considered continuing and part-time education. We do not know how many students who go straight from school to university would rather do a more modular approach. Nobody is imposing this on the student body; this is a choice for people to build their careers and their skills, to seize opportunities and to build our economy.

National Tutoring Programme

Baroness Bennett of Manor Castle Excerpts

Thursday 24th February 2022 Lords Chamber

[Baroness Barran (Con)]

To reiterate, the Government are absolutely committed to this programme—the tuition and support should go to the children who need it most. We are working on a weekly basis with Randstad to address these issues. We have already made some changes, and improvements are coming through. We will not shy away from our responsibility to these children.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the Government like to talk about being “world leading”. However, a survey by the National Association of Head Teachers found that one-fifth of those questioned rated the quality of tutors in the Randstad programme as low or very low, and 39% rated them as average. How can we possibly be achieving world-leading standards of education with such a low base, based on this privatised Dutch company?

[Baroness Barran (Con)]

I am surprised at the implicit criticism of a company being Dutch; the last time I looked, I think Randstad was pretty global, and I am sure that the noble Baroness would support a global outlook. I can only repeat that we are working with it on a weekly basis, and we are not going to accept second best. This contract, as is normal with many government contracts, is on a one year, plus one year, plus one year basis, with break clauses for both sides. Our priority is delivering for children.

Education: Return in January

Baroness Bennett of Manor Castle Excerpts

Thursday 6th January 2022 Lords Chamber

[Baroness Barran (Con)]

Face masks are part of the answer. As the noble Baroness well knows, it is a mixture of a number of elements, including—importantly —vaccination, ventilation, hygiene, testing and face masks. She may have heard my right honourable friend the Secretary of State say yesterday that face masks will not stay on a day longer than they need to, and we will review them on 26 January.

I want to make two points. First, beyond the evidence that we have gathered from 123 schools—I am surprised at the noble Baroness’s remarks, which I think are harsh; having read it myself, I would not agree with her—there is also advice from Sage, there are randomised control trials from UKHSA and there is international evidence, all of which build a picture of this being part of an effort to control infection at a time when the virus is rampant.

Secondly, I guess it depends on which kids you listen to but based on the interviews with young people that I have seen, they are really pragmatic. They say they would much rather not wear face masks, but they understand, and they feel a bit safer. They will put up with it, as they have to. It is not what anybody wants, but it is part of making sure that schools stay open and parents feel confident that their children can go.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am aware that the Minister was venturing somewhat outside of her portfolio, but I point out with regard to her response to the Front-Bench questions that Dyson did not supply any ventilators to the NHS and the Dyson ventilator never received MHRA approval. It is a point of fact.

My question builds on the Front-Bench questions about the up to 8,000 air-cleaning units that the Statement says will be sent out next week. I am delighted finally to see ventilation for the first time playing a significant role in a government Statement on Covid; this is progress. However, as the Front-Bench questioners pointed out, there are 300,000 classrooms and 8,000 air cleaners. From my knowledge of this area—I have met some people from the industry—I think that, to be effective, at least two cleaners would be needed for an average-size classroom, so we are talking about a tiny fraction. This will be an issue, particularly in many new classrooms. Speaking from experience, having been a school governor—possibly for my sins—on the building committee for the rebuild of a school, I remember that the one thing the teachers asked for was opening windows. What did we get? Windows that did not open. I believe that many new schools have windows that do not open, and that will present a huge ventilation problem.

My question to the Minister is—maybe she does not know the answer at this moment; perhaps she could write to me—how many of those 300,000 classrooms have windows that cannot be opened?

[Baroness Barran (Con)]

I am not sure, with respect, that the question asked by the noble Baroness is the right question. We had 350,000 CO₂ monitors in schools last term. They are portable and are moved around multiple classrooms, staff rooms, lavatories—all over the school. From those we have readings showing where there is an elevated level of CO₂. Those spaces, which amount to about 8,000, are where we are putting in the ventilators. If the noble Baroness does not believe the Government, she might look at Teacher Tapp, which came up with the same figure.

Skills and Post-16 Education Bill [HL]

Baroness Bennett of Manor Castle Excerpts

Report stage
Thursday 21st October 2021 Lords Chamber

[Lord Aberdare (CB)]

My Lords, I have also added my name to Amendment 45A from the noble Lord, Lord Watson. During the first day of Report, the noble Lord, Lord Coaker, spoke about previous unsuccessful skills improvement initiatives and asked,

“why will it be different this time?”—[Official Report, 12/10/21; col. 1765.]

Why will the Government’s new skills system, as embodied in the Bill, work better than its predecessors? In my view, one of the answers will need to be a really vigorous and well thought-through approach to reporting, monitoring and evaluating the different elements of the strategy and how they all work together. The lifelong learning entitlement and the lifetime skills guarantee—I think I have those the right way around—are essential elements of the strategy but need to be transformed from slogans into realities. A crucial part of achieving that will be review, review, review.

I might prefer this amendment if proposed new subsection (1) ended slightly differently, to read, “a report on the impact on the overall levels of skills in England and Wales of all the provisions of this Act”, rather than confining itself to

“the rules regarding eligibility for funding for those undertaking further or higher education courses.”

In the meantime, I will content myself with supporting the noble Lord’s amendment as it stands—with its effect of ensuring that the impact of the equivalent or lower qualification rule is at least reviewed and assessed on a regular annual basis—while encouraging the Minister to look at beefing up further the process of reviewing the overall progress of the skills strategy, beyond the performance monitoring and review of designated employer representative bodies described in her letter to us.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I slightly unexpectedly find myself to be the first person to speak to Amendment 40 in the name of the noble Lord, Lord Watson of Invergowrie, also signed by the noble Lord, Lord Storey, and me. Amendment 45A calls for a review to look at the issues around a restriction on allowing people to study at a level below that which they already possess. Amendment 40 goes further in removing restrictions.

I would have thought that naturally the Conservative position would be a belief that the person best placed to decide their best course of study would be the individual concerned rather than the state. This is a question of individual choice, about people knowing best their own situation. Therefore, while I very much support Amendment 45A, which at least calls for a review, I would go back to the more fundamental change in Amendment 40.

I am also in favour of Amendment 36 in the name of the noble Lord, Lord Storey. Education is a public good. We hear a lot of talk about investment for levelling up. Well, investment in people is the most fundamental investment of all. It is flexible, it enables people to make choices for themselves. A new or improved railway line or better school facilities are there and accessible to people, but people making their own choices is what investment in education is all about.

I am also in favour of Amendment 48, not yet addressed by the noble Baroness, Lady Sherlock. I will leave her to fully explain this, but it is worth stressing that what does not get measured and focused on does not get funded or supported. That is the principle behind that amendment.

[Baroness Sherlock (Lab)]

My Lords, as this is my first speech on Report, I welcome the noble Baroness, Lady Barran, to her new ministerial role, and place on record my thanks to the noble Baroness, Lady Berridge, for her hard work on the Bill and her openness and willingness to engage with those of us on this side.

I speak specifically to the government amendments in this group. My noble friend Lady Wilcox will talk about the others in this group. We would have preferred them to be de-grouped, but time is short. However, the Government were planning to bring back for Report detailed amendments on the lifelong loan entitlement. Since they have now decided not to do that, we are left with several questions which I must ask. I apologise for doing so on Report, but we have not had an opportunity to do so otherwise.

In Committee, the Government tabled some amendments which were presented as providing some of the wiring in the basement of higher education that would be needed when Ministers unveiled their renovation plans in the form of the LLE. However, since those plans must wait until another day and, we are told, until more primary legislation, because Ministers want to wait for the consultation first, we are left with some big questions. One obvious question is: when will the consultation happen? Indeed, why is it not already out there? What is holding it up?

Ministers have brought back some parts of the wiring amendments on Report. The LLE is meant to cover courses and modules in FE and HE. Clause 14 amends the Teaching and Higher Education Act to allow for the funding of courses in FE and modules in FE and HE, a lifetime funding limit and for funding not just for an academic year. Clause 15 amends HERA to change the definition of a “higher education course” to make it clear that the regulatory regime applies to modules. Government Amendment 39 defines what a course and a module are. However, at the risk of being nerdy, I point out that the Government have not brought back the parts of an amendment that they tabled in Committee which required the Office for Students to specify fee limits for modules as well as courses. We are told offline that the Government will provide for modular fee limits after the consultation. Will that require primary legislation? Does any other aspect of the LLE require primary legislation? If so, can we have a timescale for it? If not, can the Minister say how and when Parliament will have a full debate on the shape and scope of the LLE absent primary legislation?

Where does that leave us in the gap between the Bill taking effect and the new regime being brought forward? If THEA will now permit student loan funding to cover modules which are not taken as part of a full course, does that mean that a provider could do that now but with no fee limits, or would that require regulations to be made, perhaps under THEA? If so, can the Minister assure the House that no such regulations will be brought forward ahead of the debate on the primary legislation promised to enable LLE?

I have three other questions. First, does the same definition of a module in the Bill, as it will be amended, apply for all purposes—funding and regulation—in both HERA and THEA? I ask because Clause 15 as amended by government Amendment 39 offers a definition of a module, which I mentioned in Committee. However, new subsection (1)(e) in Clause 14(1) provides that regulations under Section 28A of HERA may prescribe the meaning of “module” in relation to HE or FE. Can the Minister clarify that distinction? Secondly, on funding, irrespective of how LLE develops, does it mean that a module can be funded via the student loan book only if it is part of a full course? In other words, would the Bill as amended exclude a module which was not part of a qualification?

--- Later in debate ---

[Lord Aberdare (CB)]

My Lords, I have added my name to Amendment 62 from the noble Lord, Lord Storey, and I seem to have added my speech to his as well, because I very much echo what he said. I was involved in delivering a rather similar previous scheme, the Future Jobs Fund, to young unemployed Londoners. Based on that, I entirely agree with the noble Lord that Kickstart has the potential to become a really valuable programme. I emphasise the word “potential” because I do not think it has got there yet, but it offers substantial benefits to the young participants it focuses on and to the employers who take them on.

For the participants—most, if not all, of whom are at risk of long-term unemployment—six months is long enough for them to become acclimatised to working life and to develop the employability skills they need for their Kickstart placement and for future jobs. The employers can fill short-term vacancies at a low cost, which might even lead to some Kickstarters being taken into permanent roles at the end of the placement, having proved their capability and worth.

Importantly, the scheme also recognises the need for many Kickstarters to receive extra support and training when they start by providing £1,500 for so-called wrap- around support, which is much needed for those who not only are new to the world of work but might often come from chaotic living circumstances. We used to have to send taxis to pick up some of ours to take them to their work, until they realised that they had to be up and dressed at a certain time in order to be there.

However, despite its excellent intentions, the scheme seems to be falling short of expectations, with only about two-fifths of available Kickstart jobs having been taken up by September, including in sectors heavily hit by the pandemic and now much in need of extra staff, such as hospitality, travel, retail and care. Many of the reasons for this disappointing performance, as described by the noble Lord, Lord Storey, sound rather familiar to me, including delays, bureaucracy and complexity. It can take several weeks for a business, and indeed the specific jobs within that business, to be approved for Kickstart; only then does the rather unreliable process of identifying and recruiting candidates start. These must be referred by jobcentre work coaches, and it might take considerable time for them to come up with enough suitable candidates for employers to interview and recruit.

Again echoing the noble Lord, small businesses in particular, many of which could and do offer highly worthwhile Kickstart places, are often put off by the time, effort and bureaucracy involved. They are no longer required to use gateway providers to get involved in the scheme, but many of them continue to do so to reduce the burden on themselves of the complex administration involved.

It also seems that Kickstart is not as well integrated with other skills programmes, such as the apprenticeships programme, as it could be. Ideally, every successfully completed Kickstart placement should lead to clear pathways to further development whenever possible, including one or more apprenticeship options.

It would indeed be a pity if, just as some of these issues with Kickstart are beginning to be ironed out, and with numbers and outcomes picking up momentum, the scheme came to an end on 31 December—what I thought was its current cut-off date of, but it sounds as if that has possibly been extended. The noble Lord’s amendment would require the Secretary of State to review the scheme’s operation and consider whether its lifetime should be extended, with or without further modifications; for example, relating to eligibility and the link to universal credit. Surely such a review should be seen as an absolute necessity to learn the lessons of the scheme so far and consider whether or how it could be built on or improved.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise with great pleasure to offer my support to Amendment 45 in the name of the right reverend Prelate the Bishop of Durham, to which I have attached my name. It is, in a way, the reverse of Amendment 63: Amendment 45 says that adult learners should be able to get universal credit; Amendment 63 says that you should be able to become an adult learner while on universal credit. I am not sure which is the best way round, but I am not sure that it matters or will make much practical difference. Both the right reverend Prelate and the noble Lord, Lord Storey, have clearly outlined the Kafkaesque complications that arise, and the unreasonable unintended traps people can find themselves in when they seek to study and find that the system simply does not allow them to.

I want to come from the other point of view very briefly and think about the overall good of the country. As I was contemplating these amendments, I thought back to hearing an economist talk about how, slightly counterintuitively, having a very short period between people becoming unemployed and finding a new job might not be the best thing, because if you have very low levels of unemployment benefits, as we do in the UK compared to many continental countries, people have to grab the first job they can secure—the first job that comes along. That means that you get an awful lot of square pegs in round holes. You get people who are not best for the job. They are not good for the employer and it is not good for them to be in a job for which they are not suited. If you have a longer period, people are able to assess and improve their skills and then find the right job, stay in that job for longer, advance in it and make real progress. We need to move towards a system that allows that to happen. When we talk about the economy, we talk about how we can solve our productivity problem. These are the base issues that we need to think about. Amendments 45 and 63 address them.

On Amendment 62, I want to offer the Green group’s support. The noble Lord, Lord Aberdare, said nearly everything I was going to say, so I am not going repeat it. It was reminiscent of some of the reports you hear of the green homes grant and employers struggling to get paid. If we are talking about small employers, their cash flow can become a serious problem.

I note one figure that says that the north-east—the region with the highest unemployment in England—is the area with the lowest rate of take up of Kickstart. That is obviously a concern, and it should be looked at in a review, particularly in the light of the Government’s levelling-up agenda.

[Baroness Sherlock (Lab)]

My Lords, I am grateful to the right reverend Prelate the Bishop of Durham and all noble Lords who have spoken. In Committee, we had a good debate about universal credit and the various ways in which people are discouraged by the rules from getting the skills that they need. I think the issue is that government policy is not properly joined up. We need to have skills, employment and social security policy fully aligned to make this work.

What is going wrong? I suspect that, at heart, it is an issue of departmental responsibility. DfE basically wants people to get training to increase their skills so that they can engage in productive, sustainable work, but most people cannot afford to train or retrain without financial support. I suspect DfE would quite like them to be able to get benefits while they do it. However, DWP does not think its benefit system is there to support students in education and training; it thinks that is DfE’s job. In general, that works. Most students are supported by loans or grants, and a lot of people on universal credit want to get back into work and universal credit supports them while they do. But there are clearly people who may struggle to get back into sustainable jobs unless they increase, update or change their skills, and it is likely that there will be more of them in the future than there have been in the past.

In Committee, the right reverend Prelate the Bishop of Durham and other noble Lords identified a number of barriers that get in the way of people wanting to do that. The Minister’s defence was basically twofold. She said, first, that DfE and DWP are working together on it and there is a trial under way for six months. She said that there is flexibility on conditionality, so that if you get universal credit and are part of the intensive work search scheme, you can study full time for 12 weeks, with boot camps and so on—the lot.

Secondly, she said that the benefit system may not be there for education and training for most people, but some people can get help. The Minister mentioned Regulation 14 of the Universal Credit Regulations 2013. I went back and refreshed my memory of that regulation. It lists the exceptions, but the only exceptions are young people doing A-levels or the like who are not living with their parents, those who have kids and some disabled people with limited capacity for work. As I read on—the Minister can correct me—I thought that all Regulation 14 does is remove the blanket requirement that you must not be in education to qualify for universal credit at all. I do not think it stops people—even in those groups—having conditionality requirements placed on them in the way that the right reverend Prelate the Bishop of Durham described, which might make it impossible for them to take on a training course. Can the Minister clarify that?

It is really quite hard to work out who can get universal credit for training, at what level and where. To that end, can the Minister tell the House whether any or all people wishing to carry out study necessary for a course leading to the lifetime skills guarantee could get universal credit while they do it, as Amendment 63 suggests? If not, how should they support themselves while they do that?

Amendment 45 from the right reverend Prelate the Bishop of Durham makes a broader point about the needs of people who are unemployed and need training to get secure, sustainable employment. There is a balance here. The benefits system is not there to fund everybody wanting to retrain, but this amendment could pick up some of those people who are long-term unemployed or may have gone from one low-paid, insecure job to another, perhaps with periods on benefits in between. Might not they and the taxpayer be better served if they could afford to get trained for a secure and sustainable career? How could they be helped under the Government’s current approach?

I turn now to Amendment 62, which would require the Government to reconsider how long Kickstart runs and who is eligible for it. When we debated Kickstart in Committee on 19 July, the Minister, the noble Baroness, Lady Penn, said:

“I cannot say that we will extend the duration of the Kickstart scheme or change its eligibility”.—[Official Report, 19/7/21; col. 103.]

A summer is a long time in politics because, as we have heard, a Written Ministerial Statement has now announced that Kickstart is running until the end of March. Who knows? By the time we get to Third Reading, maybe eligibility will have been reviewed as well—you never know.

I have a sneaking suspicion that the decision to extend the timescale was driven less by the rhetorical powers of noble Lords—marvellous though those are—and rather more by the fact that Kickstart is nowhere near hitting its targets. There were meant to be 250,000 placements by December. The latest figures I could find were in a Written Answer to my noble friend Lady Wilcox on 21 September in which the noble Baroness, Lady Stedman-Scott, said that 69,000 young people had started Kickstart jobs as of 8 September. Does the Minister have more recent figures? That Answer also said that more than 281,000 jobs had been approved. If 281,000 jobs have been approved and only 69,000 people have started work, that is worse.

The regional position, raised by the noble Baroness, Lady Bennett, is really significant. I have raised the positions of the north and north-east before—not just because I live in Durham—but that Written Answer said that in the whole north-east of England only 3,170 people had started Kickstart jobs. Something is going wrong.

Can the Minister tell the House what the Government are doing to rescue this scheme? In particular, why is there this lag between jobs created and jobs filled? What is happening to get young people into these jobs? Do the Government expect to meet their 250,000 target by December, March or another date? I look forward to the Minister’s reply.

Skills and Post-16 Education Bill [HL]

Baroness Bennett of Manor Castle Excerpts

Report stage
Tuesday 12th October 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise to find myself in the slightly unusual position of warmly welcoming a government amendment. I thank the Minister for the meeting on Friday and the Bill team for the briefing that she provided. I welcome her to her post and offer congratulations to her predecessor.

I do not know whether this is the result of your Lordships’ House making the case so clearly in Committee, of the young climate strikers who were in Parliament Square after our debate finished, or of the young people who have so clearly been delivering the message that they want climate change and the nature crisis at the centre of every aspect of their education—perhaps it is a combination of all those—but this is a real demonstration that campaigning works.

I congratulate all the Members of your Lordships’ House, led by the noble Baroness, Lady Hayman, who have helped to get us to this point. Had there been space, I would have attached my name to all these amendments, but I agree with all the other speakers who said that, except for Amendment 64, they have now been supplanted by the government amendment.

I will make one small point about how this government proposal should be interpreted. Sometimes, when we think about green skills, a lot of hard hats and yellow jackets are involved. Green skills and preparing to tackle the climate emergency we are now in takes a lot more than simply technical and physical skills. We also need an enormous amount of social innovation.

I was just thinking about my visit to Lancaster after the very big floods up there about six years ago. A couple of years later, I heard how local communities had got together, preparing flood resilience plans and for the next flood, which is very likely coming. Those communities had organised together to make sure that vulnerable residents would be rescued, cared for and supported to make sure that they were ready to do whatever they could to stop the floods. All of that was the community organising. This might not be what you think of as green skills, but it is absolutely crucial to adaptation and mitigation of the climate emergency.

This brings me to Amendment 64, which is about a “Skills Strategy”. Lots of people were talking about green jobs, but we need to think much more broadly than just about jobs. We are also talking very much about preparing our society for living in an age of shocks.

I finish by again commending the Minister and her team. We are making great progress but, as the noble Baroness, Lady Hayman, said, the next step in the scale of our progress will be when we open a government Bill and the climate emergency and the nature crisis are addressed in Committee and we can then say, “Well, how do we make this better?”

[Lord Aberdare (CB)]

My Lords, as a member of the Parliament Choir I am happy to join the chorus of welcome for the Minister in her new role, which is at least as important to the issues I care about as her previous one. I also thank her for helpfully including me in one of the very many meetings she has obviously been having in the last few days, along with members of the Bill team. I shall speak mainly to the Government’s Amendment 49 and very briefly in support of the amendments of the noble Baroness, Lady Hayman.

I do not quite know what to make of Amendment 49, despite the Minister’s helpful introduction. I very much welcome what she said about the Government’s support for independent training providers, but I remain concerned that they are sometimes viewed mainly as gap-fillers in the training system, as being of secondary importance to colleges and other statutory providers, and as having an unfortunate propensity to abandon their learners, which, in reality, happens only very rarely. As a result, they often seem to be at the back of the queue for the allocation of government funding for skills training, and they may have to cut the amount of training they are able to offer.

I understand that Amendment 49 aims to ensure that conditions specified for inclusion in the list of relevant providers allow some flexibility in determining whether they have been met. This is welcome if it gives independent training providers some wiggle room in meeting conditions, but less so if it results in judgments—for example, on the quality of the student support plans the Minister mentioned—which could have a degree of unpredictability or subjectivity.

Apart from that, independent training providers have continuing concerns about the implications of the list and the conditions for inclusion in it, such as the suggested requirement for a form of professional indemnity insurance which does not currently exist, and about the fees and other costs involved, which may restrict access to the market for smaller providers. West Midlands Combined Authority has also expressed the concern that mayors of combined authorities may be prevented from funding providers they deem suitable but which are not on the centrally approved list.

I welcome the Government’s intention to ensure that this measure does not impose an unreasonable barrier to market for training providers while protecting the interests of learners, and their commitment to continuing to engage and consult with a wide range of stakeholders. I hope the Minister can give some reassurance that the discretion allowed by this amendment will be used wherever possible to facilitate inclusion for ITPs in the list, and that their contribution will be duly recognised in the new arrangements under the Bill, including within LSIPs and in the allocation of funding for skills training.

Finally, I add my support particularly to Amendments 17 and 64 in this group, in the name of my noble friend Lady Hayman and others, which require the Secretary of State to report on how each published LSIP takes account of any national skills strategy and aligns with UK climate change and biodiversity targets. This is the sort of joined-up thinking needed to ensure that the different parts of the new system operate in a coherent way to deliver the skills and training needed by the nation as a whole, as well as in the local areas covered by LSIPs.

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Moved by

[Baroness Bennett of Manor Castle]

9: Clause 1, after paragraph (d) insert—
“(da) the food system,(db) ecosystem management, and”

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to move Amendment 9, which could be described as a friendly amendment to Amendment 8; I hope its mover will agree. Proposed new paragraph (db) has already been supplanted by government Amendment 6, but I will speak to proposed new paragraph (da) on the food system, because the kind of shortages that the noble Baroness, Lady Neville-Rolfe, identified in areas such as engineering and technical skills are also very much reflected in our food system.

We recently heard the Prime Minister say that it is not the job of government to feed people and that it is up to business, but I hope the Minister will acknowledge that it is crucial in this age of shocks—where, as we see from our empty shelves, we cannot be guaranteed that the market will feed us—for the Government to see that we have the skills available right through our food system. The obvious area for this is farming, but we must also think about training people, in schools and communities, how to cook; that is why I used the term “food system”, which is something the Dimbleby report identified. We have many faults in our current food system which need to be fixed, and lack of skills is certainly one.

It is now obvious that the market on its own will not guarantee food security; it has also not guaranteed a healthy supply of food, and we need to think not just about the supply of calories but about a healthy food supply and healthy food preparation. Of course, we have the problem that, in our current food system, one in six workers is not paid enough money to be food-secure themselves. Upskilling the food system and providing those skills in local plans is absolutely crucial. I beg to move.

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I hope that my remarks have provided your Lordships with some reassurance on the important issues about how local skills improvement plans will work in practice, how different key stakeholders will be involved in their delivery and how the delivery of our local and national plans will be linked. I therefore ask my noble friend Lady Neville-Rolfe if she would be able to withdraw her amendment, and other noble Lords not to move theirs.

[Baroness Bennett of Manor Castle (GP)]

My Lords, three days off my second anniversary in your Lordships’ House, I occasionally think that I am on top of procedure and am then comprehensively disabused of that fact. I thank the noble Lord the Deputy Speaker for his advance guidance on this matter; I was not aware that my modest little Amendment 9 would put me in this position, for which I feel particularly ill equipped, given the distinguished nature and level of experience of so many people contributing to this debate.

However, I shall do my best, briefly, and begin by thanking the Minister for her comprehensive wrap-up of this long group. If we look at the group’s nature, it makes some kind of sense despite its large size. Amendments 8 and 9 are addressing the gaps in the matter—the skills needed—and, as the noble Lord, Lord Ravensdale, said, we need to prioritise the jobs that need doing. Many of the other amendments—I particularly highlight those from the noble Baroness, Lady Whitaker, and the right reverend Prelate—address the need to ensure that all humans in our society are able to contribute to the fullest extent, to meet the needs of our society and develop their own human potential.

I should declare my position here as a vice-president of the LGA and the NALC. I will briefly address the comments of the noble Lord, Lord Adonis, and Amendment 11. I agree with him that there was lots of criticism of the apprenticeship levy, but where there is hope is that this is working through the local level and local steps. I had a debate with the Minister in her kind meeting last week about which decisions should be made at a local level and which at a national level. There is a green economic theory about bio-regions; different regions have different skills needs, and Amendment 11 addresses the way in which local government fits together in making these decisions.

In saying that briefly, I have one final sentence. I am going to keep to the battle by saying that skills are not just about jobs; skills are about providing the individuals in our communities with preparation for life in our difficult world. I beg leave to withdraw Amendment 9.

Amendment 9 (to Amendment 8) withdrawn.