Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Wednesday 21st July 2021 Lords Chamber

[Lord Aberdare (CB)]

My Lords, it is a pleasure to follow the noble Lord, Lord Addington, who has made such a valuable contribution throughout this Committee. The Government’s skills-related goals, as embodied in the Skills for Jobs White Paper and the Bill, are rightly ambitious and will be correspondingly expensive to deliver. The aims of a skills strategy are necessarily long-term, and achieving them will depend on a complex web of specific policies and organisations, as has been clear from the debates we have had in Committee. Ensuring that adequate funding is in place to support all the activities involved across schools, FE colleges, universities, independent training providers, employers, local authorities, combined authorities and, of course, learners themselves, and to ensure a fair balance between them all, will be an immense challenge for government.

Amendment 90B in the names of the right reverend Prelate the Bishop of Durham, the noble Lord, Lord Addington, and the noble Baroness, Lady Morris, proposes commissioning a panel of experts to review and make recommendations on long-term funding for skills and post-16 education, building, of course, on the foundations set by the Augar review as well as the Skills for Jobs White Paper. This can be only helpful, if not essential, input for the Government, along with the various consultations they are planning, in addressing this challenge and getting the answers right. I too look forward to the Minister’s response and to hearing how the Government plan to tackle the important need for a joined-up, long-term, fully funded skills and training strategy.

[Baroness Wilcox of Newport (Lab)]

My Lords, we welcome this probing amendment, introduced by the right reverend Prelate the Bishop of Durham and supported by the noble Lord, Lord Addington, and my noble friend Lady Morris. It is an opportunity to discuss the Government’s plans to introduce a longer-term funding settlement for further education, because the White Paper recognised that further education funding has been wholly insufficient.

Alongside increased funding, there is a need for, as alluded to by the noble Lord, Lord Addington, simpler, longer-term funding settlements that allow colleges to deliver on long-term strategic priorities. Their funding compares extremely unfavourably with university and school funding. Annual public funding per university student averaged £6,600, compared with £1,050 for adults in further education. Recent research from IPPR has found that if further education funding had kept up with demographic pressures and inflation over the last decade, we would be investing an extra £2.1 billion per year in adult skills and £2.7 billion per year in 16 to 19 further education. The result of this underfunding is that colleges have had to narrow their curriculum and reduce the broader support they offer to students—including careers advice and mental health services—and 16 to 19 funding for catch-up has also been woefully insufficient.

To deliver on the skills agenda, it is imperative that the Bill is backed up by long-term, multiyear, simplified funding. It will require redressing the long-standing underinvestment of the college sector in the upcoming comprehensive spending review with serious long-term funding—otherwise it will simply not be deliverable. But this must not come at the expense of HE funding. We want FE and HE to collaborate rather than compete for resources, because destabilising university funding, cutting courses or capping numbers will deny students the brilliant education and experience that our world-class institutions in the UK have to offer. Denying young people opportunities must not be the legacy of this Government’s approach.

Ensuring parity of esteem between different post-16 routes is enormously important, but it is best achieved by investing in FE and not by taking funds away from HE and levelling down. Having an ability to access further and higher education, with investment that matches that ambition, is the only way that the country can meet its skill needs and provide pathways into good careers today, as well as jobs for the future.

[Baroness Penn (Con) [V]]

I thank the right reverend Prelate the Bishop of Durham for tabling his amendment. Based on the substance of the debate we just had, I am not sure that there is much disagreement between the Government and noble Lords.

The Government are committed to transforming further education so that everyone can access high-value provision relevant to labour market needs and job opportunities. As noble Lords noted, we published the Skills for Jobs White Paper in January, setting out the future policy direction in this area.

Over the past two years, we have invested significantly in post-16 education. In the 2019 spending round, we increased 16 to 19 year-old further education funding by £400 million, followed by a further £291 million at the spending review 2020, so the direction of travel for policy has been matched by the direction of travel for funding.

In addition, we are investing £325 million of the £2.5 billion national skills fund this year to support adult skills and retraining. We are continuing our investment in the £1.3 billion adult education budget and the £2.5 billion apprenticeships budget. We are also continuing our £1.5 billion multiyear capital investment in the FE capital transformation fund. This funding is helping to deliver on the commitments made in the Skills for Jobs White Paper and the lifetime skills guarantee. Noble Lords have rightly made the point about longer-term funding. However, funding beyond 2021-22 will be considered as part of the wider spending review later this year.

In addition, we have launched an extensive government consultation on reforms to the further education funding and accountability system to address many of the points made by the noble Baroness, Lady Wilcox. This consultation is a first step towards a funding and accountability system that will maximise the potential of further education and help us to build back better. We want to use the consultation to start a dialogue with the sector, employers and other interested parties on how government funding can be administered more simply and effectively so that colleges and other providers can focus on supporting learners to develop the skills they need.

Similarly, in the Interim Conclusion of the Review of Post-18 Education and Funding, we committed to consulting on further reforms to higher education, including on future funding. We continue to consider the recommendations made in Sir Philip Augar’s report, supported by an independent panel, and will conclude that review in due course.

Furthermore, to address the points made by the noble Lord, Lord Addington, we want all children and young people, no matter their background or special educational needs or disabilities, to reach their full potential and receive the right support. That is why we are allocating significant increases in high-needs funding—an additional £780 million in 2020-21 compared with 2019-20 funding levels, and a further £730 million in 2021-22, bringing the total support for young people with the most complex needs to over £8 billion.

In addition, the national funding formula for 16 to 19 year-olds includes extra funding for disadvantaged students. This is provided to institutions specifically for students with low prior attainment or who live in the most disadvantaged areas. Last year, the Government allocated more than £530 million in disadvantage funding to enable colleges, schools and other providers to recruit, support and retain disadvantaged 16 to 19 year-olds and to support students with special educational needs and disabilities. We also apply disadvantage uplift through the element of the adult education budget distributed by the Education and Skills Funding Agency to provide increased funding for learners living in deprived areas. The adult education budget also provides funds to providers to help adults overcome barriers to learning. This includes learner support for those with financial hardship and learning support to meet the additional needs of learners with learning difficulties.

As outlined in the Skills for Jobs White Paper, we will ensure that those with special educational needs and disabilities continue to gain direct work-related skills alongside maths and English to increase their employability. The noble Lord will know that the cross-government SEND review is identifying the reforms needed to improve support for children and young people with SEND, including those in post-16 provision, by working with system experts to design a SEND system fit for the future drawing on the best evidence available.

The breadth of measures already in train—some noble Lords may say that is a long list—contain many elements of a concerted strategy that is moving in a consistent direction on the back of a number of reports and reviews that have sought to look at this on a long-term basis, whether we go back to the Sainsbury review or the more recent Augar review. While I completely agree with the need to take a long-term and strategic approach to this issue, I am not sure that a further review supported by an independent panel at this time is the right way to knit this all together rather than the progress that we are making on delivering the important outcomes of a number of those reviews already undertaken. I therefore hope that the right reverend Prelate is able to withdraw his amendment.

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[The Deputy Chairman of Committees (Lord Brougham and Vaux) (Con)]

My apologies to the noble Baroness, Lady Janke: my list has an “L” in front of her name. I call the noble Baroness, Lady Wilcox of Newport.

[Baroness Wilcox of Newport (Lab)]

It is always a pleasure to follow the noble Baroness, Lady Janke.

We have heard that this amendment would provide for individual skills wallets, which may be used by a person to pay for education and training courses throughout their lifetime. The Government would make a payment of £4,000 when an individual turned 25, then two further payments of £3,000 when an individual turned 40 and 55. This amendment, as noted by the noble Lord, Lord Addington—a highly competent substitute for the noble Baroness, Lady Garden of Frognal—is based on a commitment in the 2019 Liberal Democrat manifesto. It is offered up as an alternative to the government plans; I presume it has been costed up.

Labour’s alternative is a job promise which would guarantee training, education, or employment opportunities for young people who have been out of work, education or training for six months. Today, young people are facing soaring unemployment and the toughest jobs market for a generation. The number of FE students has declined by a quarter since 2015, with the number of younger and poorer students declining fastest. Since 2015, the number of learners from the most deprived backgrounds has declined by nearly a third, climbing to almost 40% among learners under the age of 19. Yet young people in desperate need of new opportunities have been overlooked by this Government, whose 16 to 19 funding has been woefully insufficient.

The Welsh Labour Government were successfully elected in May on a manifesto that included a young person’s guarantee of training or work. As the Economy Minister told the Senedd on 29 June,

“we need to give young people hope for the future and to ensure that they are not left behind. It is more important than ever that we support young people to gain the skills and experiences that they will need to succeed, whether that’s in employment, education or starting their own business.”

I would humbly advise the UK Government that they could use this excellent strategy across England.

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

To come back to the subject of these amendments, good careers advice and guidance is—in a way that it has never been in my experience—within our grasp, if we do the right things over the next five years. We should commit ourselves to that and make sure that the foundations for it are in the Bill.

[Baroness Wilcox of Newport (Lab)]

My Lords, as furlough ends, no community will be untouched by unemployment. It is vital, therefore, that a joined up, place-based employment, skills and careers system offers adults and young people the recovery they deserve by providing access to quality education and training opportunities. We know that all FE colleges and sixth-form colleges have been required to secure access to independent careers guidance since 2013. However, the quality of careers advice has been subject to frequent criticism and reforms have been made since that time including, as mentioned, the establishment of the National Careers Service and the government quango the Careers & Enterprise Company.

In 2019, the Local Government Association called on the Government to

“end the patchwork of careers activity in England”,

and hand funding and control of employment schemes to local authorities, as they were responsible for providing a careers service prior to the Education Act 2011. It fell on deaf ears. In 2019, the Augar review of post-18 education stated that it believed secondary school careers support to be “still underfunded” and recommended that every secondary school become part of a careers hub run by the Careers & Enterprise Company to work with schools. My noble friend Lord Adonis has taken that idea much further and talked about individuals within schools. I was very lucky to work for 20 years with an inspirational careers teacher called Helen Lima about whom, in our last inspection, an Estyn inspector said, “That is the best careers lesson I have ever seen”. So we were able to give the best hands-on, quality careers advice to our pupils.

My first question for the Minister is: why are schools not already allowing a range of providers to have access to young people as part of their careers education? The Government introduced something similar to this a few years ago in an earlier amendment to the Technical and Further Education Act 2017, introduced by the noble Lord, Lord Baker, who got the Government to accept his new clause as an amendment. However, having to bring this back again clearly demonstrates that it has not worked in practice, and that is why we caution so assiduously about so many parts of this unrefined Bill.

Many assurances have already been given by Ministers on previous days in responses to proposed amendments, saying that we should not be probing about this and seeking to improve the glaring deficits that can be changed only by further legislation. However, let us pause and look at what happened here with careers education. The noble Lord, Lord Baker, has had to revisit his earlier work from four years ago because, unless instructions are on a statutory footing, advice will be ignored.

This clause mandates schools and colleges to give training providers the opportunity to talk to students of certain ages about technical qualifications and apprenticeships. As mentioned by my noble friend Lord Adonis, UTCs have this is problem because they only start recruiting at the age of 14.

In a report published in May this year, the universities admissions service warned that one-third of students are not told about apprenticeships, despite this being a legal requirement for schools. It claimed that only around half of those currently studying in FE colleges receive their entitlement. A survey by UCAS found that three-quarters of students said that it was “easy to find information” about higher education, compared to only a quarter who said the same about apprenticeships. Is this acting in the students’ best interests? I think not.

The UCAS report states:

“While most people appreciate that apprenticeships are there as an option, they are not sure either how to get information … or indeed where they can lead.”


Oli de Botton, the chief executive of the Government’s careers quango, the Careers & Enterprise Company, told the AELP conference recently that it was

“true historically that there hasn’t been enough access for ITPs or enough information about apprenticeships and technical routes for young people”.

The eight Gatsby benchmarks have been mentioned by several noble Lords. The first is “A stable careers programme”. Despite assurances, I believe that we are some way off this stability.

On 16 June 2021, in the other place, the Member for Workington presented his Private Member’s Bill, the Education (Careers Guidance in Schools) Bill, which would extend the duty to provide careers guidance in schools. Mr Jenkinson stated that the Bill would extend the requirements to provide careers guidance to children in year 7 and would also implement the proposals in the skills White Paper.

Therefore, the key here is to ensure that the amendments proposed by the noble Lord, Lord Baker, and others in the Bill are as good as they can be after proper and considered scrutiny by Her Majesty’s Opposition. The key is also to ensure that the Government take full account of past mistakes when legislating in this area, ensure that it is properly put into practice this time and act in the best interests of students, instead of an ideology that serves little purpose or is not rooted in the reality of actual practice in education.

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Academy status should not mean throwing out babies with the bathwater. This amendment seems very sound; it should be straightforward to ensure that colleges could continue their religious affiliation even while acquiring the advantages of converting to academies.

[Baroness Wilcox of Newport (Lab)]

My Lords, I support Amendment 86 in the name of my noble friend Lord Touhig, which would grant the Secretary of State the power to allow sixth-form college corporations to convert to academies without losing their current statutory protections. It would secure the religious character of the Catholic sixth-form college when it converts and therefore enable dioceses to include these new sixth-form academies within their strategic planning of Catholic multi-academy trusts. It will be on very few occasions during the passage of this Bill that I will support the Secretary of State taking back power and centralising control, but this is one of those rare occasions.

The immense change in the education landscape brought about in the English education system by the Academies Act 2010 has required all schools and colleges to consider their future with the Government’s intention to move towards a fully academised system. We have no academies in Wales; we have comprehensive schools run by local authorities. I look forward immensely to the introduction of the dynamic new curriculum—the four areas of learning developed by teachers being introduced to all schools in Wales this September. However, we are talking about England.

While schools and FE colleges can become academies, the 14 Catholic sixth-form colleges in England are prohibited by the current legislation from planning strategically to secure their future. This is a result of the earlier academies legislation, as other noble Lords have mentioned, which failed at the time to address the unique legal structure of these 14 colleges. This amendment would grant Catholic sixth-form colleges the same academy opportunities that all other schools and colleges currently have to strategically plan their future. It is a good example of the unintended consequences of a Bill that is inadequately prepared to work in practice once enacted.

[Baroness Berridge (Con)]

My Lords, I thank the noble Lord, Lord Touhig, for bringing forward his amendment. Although it is always a pleasure to stand at the Dispatch Box on behalf of the Government, it is a double pleasure when—for I think the only occasion in the Bill—the issue falls within my ministerial responsibility. It is a pleasure to speak to it. The noble Lord, Lord Adonis, made reference to Harris Sixth Form; my old sixth-form sadly closed but was reopened a few years later as a 16-19 academy called Harington school, which is an outstanding school in Rutland.

There has been a really vibrant place in the system for sixth-form academies, but there has also been the situation which the amendment seeks to address: sixth-form colleges with a religious designation, if they were to convert to academies, would not retain that designation and would lose some of their religious character and associated freedoms. The Government are committed to supporting existing sixth-form colleges to convert to academy status. I am pleased that a significant proportion of sixth-form colleges have already taken this step and have made a strong contribution to strengthening the academies sector. It was a pleasure to meet Bill Watkin and James Kewin of the Sixth Form Colleges Association, who mentioned the situation with the other section of sixth-form colleges and expressed their desire to look at academisation.

We recognise that there are currently barriers preventing sixth-form colleges with a religious character from converting to academies. This is because it is not presently legally possible for 16-19 academies to have a religious designation, which is of course necessary for Catholic sixth-form colleges in order to retain their religious character around collective worship, RE, recruitment of staff and so on, as the noble Lord, Lord Touhig, outlined. At present, any sixth-form college with a religious character converting to an academy would lose that designation.

We remain keen to take action to facilitate all sixth-form colleges, including those with a designated religious character, to convert to academies. I know that existing Catholic designated sixth-form colleges are keen to join Catholic multi-academy trusts, and I am sure they would make an excellent contribution. We have received further communication from Bishop Marcus Stock, who is the lead Catholic bishop on education and supports the principle of allowing these Catholic sixth-form colleges to become academies. As the noble Baroness, Lady Garden, outlined, if there is any change in the law, it would ensure that other faith groups that establish 16-19 academies can designate them as having a religious character appropriate to them.

The Secretary of State for Education made clear, when speaking in the other place, that we would look at all legislative opportunities to see how this can best be done. We are committed to making this happen at the earliest opportunity. Sadly, however the amendment as drafted could have undesired effects, as it provides that any 16-19 academy so designated is a school in law. This will create legal uncertainty as to the status of 16-19 academies, which are expressly defined in legislation as not schools. A new power would be required to achieve what the noble Lord, Lord Touhig, wants from his amendment.

However, we none the less want to facilitate access to academy status for all sixth-form colleges that wish to convert by enabling the religious designation of 16-19 academies. While this amendment is not the vehicle for it, we remain supportive of the principle. I hope that the noble Lord, Lord Touhig, feels able to withdraw his amendment.

Education (Environment and Sustainable Citizenship) Bill [HL]

Baroness Wilcox of Newport Excerpts

2nd reading
Friday 16th July 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, before beginning my focused comments, I was going to pick up on the points made by the noble Lord, Lord Hannan, but my noble friend Lord Griffiths has explained beautifully how the Welsh Labour Government’s curriculum introduction in September will have that light touch. Educators have been at the core of that change and one of the stated goals in the four areas of learning is for young people to show their commitment to the sustainability of the planet. This very important aspect is therefore firmly embedded in the future learning for children in Wales.

My noble friend Lord Knight has brought this important and visionary Bill to the Chamber. As a former Schools and Learning Minister, he is well known for looking ahead and finding inventive solutions to long-standing problems. This is indeed a problem that needs solving and we are running out of time. In the climate emergency—emergency is the key word—we must look at every means of protecting our natural environment and reversing the harm done, by making the changes that we need to see. We do not have the luxury of taking it slowly.

Education and information are a key plank of tackling the emergency. We need to trust future generations and to do right by them, which means equipping them with everything that they need for the challenges that we have all played a part in creating. We have every reason to be optimistic about young people’s engagement and passion for the planet, as the school climate strikes have shown. Young people are taking to the streets to send a clear message to the Government that climate change will be a fundamental and defining feature of their adult lives, and that we must take the action needed to tackle it.

This is about providing young people with the knowledge and tools that they need. It is not the first time in your Lordships’ House that I have mentioned my former career. I spent over 30 years in the classroom. I cannot begin to emphasise to your Lordships the keen interest that my former students took in discussions and debates about their future world. I learned as much from them as they did from me and it is our responsibilities as adults and leaders to enrich and equip our young people with the best knowledge and understanding of what lies ahead for them in their adult lives. We must provide a focus on the knowledge and skills in a world increasingly shaped by climate change, with a view to better equipping young people for the green technology jobs of the future and ensure that the ecological crisis is an educational priority.

The Bill updates the general requirements of the national curriculum, and citizens’ requirements, to actively support the learning approaches, foundational values and mindset needed to build a sense of agency, compassion and resilience, and a willingness to engage with local and global issues.

Many noble Lords have mentioned COP. I understand that the Government produced a schools’ pack for COP that was launched by the Prime Minister. Clearly, the Government see the benefit of this, so how are they going to embed it for the longer term? Let us not miss that opportunity to show global leadership in the area. As has been mentioned, our co-host, Italy, has already introduced sustainable citizenship provision. I would argue that a significant start in embedding it would be to enact this Bill.

Education was a key recommendation of Climate Assembly UK. The assembly said that there is a need for information and education for everyone—individuals, businesses, Government and others—about climate change and the steps needed to tackle it. It is essential to buy into the changes that are needed, and the essential part is education.

During my tenure as leader of Newport City Council, we advanced change in our waste recycling habits through a major educational programme in our schools, which resulted in Newport being one of the top performing councils for recycling, not just in Wales but in the whole of the UK. Our young people drove that change, and we give them every credit for their active citizenship and directly improving their natural environment.

The Bill also forms a key plank of any wider national skills strategy. It complements the Government’s Skills and Post-16 Education Bill, which is currently going through your Lordship’s House, by developing the social capital needed to deliver the wider policy goals of levelling up.

Our young people’s future depends on new and innovative ways of working. My job at the beginning of my career bore little resemblance to my ways of working 30 years later. We need to constantly adapt to change. In the words of the futurist author HG Wells:

“Adapt or perish, now as ever, is Nature’s inexorable imperative.”


I commend my noble friend’s Bill to the House.

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Thursday 15th July 2021 Lords Chamber

Moved by

[Baroness Wilcox of Newport]

8: Clause 1, page 2, line 20, at end insert—
“(5A) All other post-16 education and training providers, including universities, school sixth forms, sixth form colleges, and adult and community learning providers, must also have due regard to the local skills improvement plan, as it relates to their provision.”Member’s explanatory statement
This amendment sets out the complementary roles of schools, colleges and universities.

[Baroness Wilcox of Newport (Lab)]

My Lords, I move this amendment in the name of my noble friend Lord Watson of Invergowrie. This amendment sets out the complementary roles of schools, colleges and universities by joining up the wider education and skills system so that it better meets society’s needs and gives people the skills they need. Delivering this means ensuring that we develop the right balance of autonomy, authority and accountabilities that will enable schools, colleges and universities to focus on the complementary roles they can play together and with other partners over the long term. This must involve a genuine partnership, with providers empowered to stimulate and challenge articulated demand, rather than act as passive policy recipients. It means ensuring that this is meaningfully accessible to all and involves an effectively joined-up wider education and skills system. Colleges do not work in isolation to meet the education and training needs of their communities. Schools and universities are important parts of the system, so they should be part of the planning process. Amendment 8—in the names of my noble friends Lord Rooker and Lord Bradley, as well—therefore sets out the complementary roles of schools, colleges and universities in delivering on LSIPs.

Currently, there is a lack of a comprehensive, long-term education and skills plan that brings together all parts of the system towards the same vision. Different parts of the system have different policy priorities and initiatives. The current reform agenda is not sufficiently addressing this. It deals with only one part of the system—colleges—without exploring the need for complementary alignment with universities, schools and other providers. At the same time, this means that the role of education and skills in addressing wider policy priorities and strategies is not always recognised—for example, the role of colleges in welfare, health and net-zero policies.

There is a lack of any system to co-ordinate the 16 to 18 offer at the local and subregional level between schools and colleges. This leads to insufficient provision and limits student choice of programme—for example, when multiple competing providers concentrate on a narrow offer at the expense of less popular or minority provision.

At the university level, there is contested ground over the higher technical level 4 to level 5 provision and who is best placed to offer this, leading to unproductive competition between colleges and universities. If a whole education system approach is not taken to local skills planning, there will be a disjointed system that is not efficient or effective in its use of public money and does not best meet the needs of students and employers.

There should also be an exploration of a national 10-year education and skills strategy sitting across government, to deliver on wider policy agendas and to give stability to all parts of the system, creating a duty on schools and universities to collaborate with colleges and employers in the development of skills plans, so that the training on offer efficiently meets the need of local areas. I therefore beg to move.

[Baroness Morris of Yardley (Lab)]

I rise to support this amendment. This is such an important issue, but I can see that is difficult as well.

When I started teaching, which was many years ago, in Coventry, it was very clear which provider offered which course. The advantage was that it was very straightforward for children and schools to know where to go for catering, engineering, electronics or whatever. The disadvantage was that it squeezed out competition, which can raise standards and creativity. It is somehow getting that balance that we are looking for. I would welcome the Minister explaining how far the Government are prepared to go to make sure that there is some sort of co-ordinated provision within each skills partnership. It makes sense to allow providers to play to their strengths and it is also essential that courses that might not be economically viable but are important for the local or indeed the national economy are supported to stay open and be made available. So it is a tricky issue and I cannot recall so far in the debate on this amendment hearing the Minister outline the Government’s views on this.

To bring universities in, my noble friend Lady Wilcox made a very strong point. In the old days, it was just further education courses that were co-ordinated, but now we have a growth in private providers and universities in these contested levels as well. So in the name of clarity for students and users, and for the needs of the economy, we need some guidance from the Government about a co-ordinated approach, making sure all areas are covered. Basically, what happens is that all providers want to provide the cheap courses, and the machinery-heavy courses do not get offered. Schools are happy to go into vocational work, as long as it is classroom-based and they do not need specialist teachers. That very often leaves the college with the courses that need highly specialised tutors and heavy equipment. I would welcome the Minister somehow making sense of all that in her comments.

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[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, I am grateful to noble Lords for the engagement that we have had since the first day of Committee. I assure the noble Baroness, Lady Garden, that this legislation is part of the FE sector having its moment and being rescued from often being described as the Cinderella of the sector.

I re-emphasise that the local skills improvement plans will not be master plans that specify in minute detail all the provision that is to be provided by every provider to every learner in the area. They are a vehicle to give employers a more central role in local skills systems by articulating a clear, evidence-based assessment of priority skills needs and working with providers to shape technical education to better meet those skills needs, which many noble Lords have outlined. They are about employers working hand in hand with providers and key local stakeholders, such as local and combined authorities and Jobcentre Plus, and they are about agreeing a limited number of priority changes that, if enacted, will make post-16 technical education and training more responsive to employers’ skills needs.

I would also like to take this moment to update the House that we have announced the local skills improvement plan trailblazers, literally within the last hour, and I will now outline them to noble Lords. In the north of England, we have Cumbria Chamber of Commerce covering Cumbria, Doncaster Chamber will cover Sheffield City Region, the North East England Chamber of Commerce will cover Tees Valley, and North & Western Lancashire Chamber of Commerce will cover Lancashire. In the Midlands, East Midlands Chamber will cover Leicester and Leicestershire. In the south of England, GWE Business West will cover the west of England, Kent Invicta Chamber of Commerce will cover Kent and Medway, and Sussex Chamber of Commerce will cover Sussex. In relation to the question from the noble Baroness, Lady Morgan, and others, if you look also at the strategic development pilots alongside those areas, you will see a multiplicity of providers, including FE colleges, institutes of technology and universities. By the very nature of those bids, we can see that there has been a great deal of co-ordination in these areas, with the support, where relevant, of the mayoral combined authority.

The next update to noble Lords deals with the point that the noble Baroness, Lady Morris, made about how we prevent providers from just going for the easiest, lowest-cost qualifications. We have today announced the consultation on new funding and accountability arrangements to simplify the system and focus on outcomes rather than processes and to avoid this descent to the bottom. It will include proposals for how local skills improvement plans fit into the wider funding and accountability landscape. That is also part of the development. The trailblazers will, of course, start work very soon and I look forward to being able to share with noble Lords details of their early progress ahead of Report.

Amendment 8, which was moved by the noble Baroness, Lady Wilcox, relates to broadening the duty on who should have regard to these plans; the noble Baroness, Lady Garden, also mentioned this. Clause 1 already provides for the duty to apply to the universities and sixth-form colleges mentioned in the amendment, and the large majority of post-16 technical education and training providers will be captured.

The noble Baroness, Lady Greengross, raised a specific point about independent training providers; they are specifically outlined as a relevant provider within Clause 4, so they are covered. The Secretary of State will be able to lay regulations before Parliament to add local authority providers, 16-to-19 academies and schools to those already identified and subject to the duty.

Amendment 40A would require local authorities to distribute these local skills improvement plans to all schools that provide sixth-form education. The plans will be published by the Secretary of State and publicised to relevant bodies through appropriate communication channels. Obviously, designated employer representative bodies will have worked closely on the ground with the relevant providers, who should be aware of that. I have to say that, of the many criticisms the department has faced over the last 18 months, publicising guidance to the relevant people has not been one of them.

I hope that my remarks provide assurance to noble Lords on the approach we are taking to local skills improvement plans and access to them. I therefore hope that the noble Baroness, Lady Wilcox, will feel comfortable in withdrawing this amendment, and that the noble Lord, Lord Baker, will not feel the need to move his when it is reached.

[Baroness Wilcox of Newport (Lab)]

I agree with my noble friend Lord Liddle that local authorities and devolved Administrations are best placed to deal with local skills planning. I reiterate to the Minister that, if a whole education system approach is not taken to local skills planning, the system will be disjointed and will not be efficient or the best use of public money. I welcome the Minister’s announcement of the trailblazers pilot; I look forward to reading the reports of the projects and, indeed, the early progress reports. Therefore, although the Minister has outlined an amount of detail, I remain somewhat unconvinced. I will wait to see whether that joined-up progress takes place. However, with the approval of the House, I beg leave to withdraw the amendment.

Amendment 8 withdrawn.

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[Baroness Garden of Frognal (LD)]

My Lords, I support Amendment 27 in the names of the noble Lords, Lord Patel and Lord Aberdare, and Amendment 30 in the name of the noble Lord, Lord Watson of Invergowrie. These amendments stress the need for local and national co-ordination and place a duty on the Secretary of State to ensure that local and national skills needs are both involved in national policy planning, which is surely only common sense if the country is to address skills shortages, of which we know there are many, and provide a functioning feedback loop, as the noble Lord said. It is also important that this information should be readily available to all the educational bodies involved in skills training. Like the noble Lord, Lord Aberdare, I find it surprising that this is not already in place.

I wholly support the information being available to schools from the age of 11. The noble Baroness, Lady Morgan, touched on this in an earlier amendment. But, as we know, 11 is really too late to start careers advice, which needs to begin at primary level, where young people, particularly those whose skills are more practical than academic, can begin to see pathways for progression and to have some confidence in their future. I can understand why the provision in this amendment may not extend to primary schools, but we must never overlook the very young in these discussions.

The local skills improvement plans should be given to all those who work with the education and training of the future workforce. They should certainly be on websites, but steps should also be taken to ensure that these providers actually access them and that everyone within their organisation is aware of them. There is little point in assembling all the information if learners are blissfully aware that it exists. So, for the moment, the amendment proposed by the noble Lord, Lord Watson, is definitely a step forward.

[Baroness Wilcox of Newport (Lab)]

Amendment 30 requires that the Secretary of State must publish LSIPs and distribute them to schools and all post-16 education providers. However, there is little point in having a plan if no one is aware of its contents. Yet, despite the requirements for providers to have regard to LSIPs, the Bill is silent on how LSIPs will be published or disseminated. I know that the Minister responded that a model LSIP can be provided, but this amendment seeks a much wider and co-ordinated task. Does the Minister intend, as the amendment suggests, for the DfE to take responsibility for this? Does she agree that publishing all local skills improvement plans will allow for areas to draw on each other’s strategies? That would be particularly helpful for a complementary regional approach and would promote best practice. Or does she envisage that such responsibility will fall to ERBs? If so, can she advise whether they will have the resources and a dedicated budget for such a responsibility?

Perhaps the Government believe that the onus should be on providers themselves to track down where LSIPs have been published. If so, where should they look—to the chamber of commerce, or local authority websites? How does that fit with the lack of role of local authorities and mayoral combined authorities in the process? I hope that she can assure the House that there is indeed a plan for publication and distribution, and I further reiterate my noble friend Lord Liddle’s probing question around the role of the Secretary of State in relation to local plans.

I also speak in support of Amendment 27 in the name of the noble Lord, Lord Patel, which requires the Secretary of State to publish a response to each LSIP, including an action plan for how they will support areas to address their skills need. I agree with the question asked by the noble Lord, Lord Aberdare, about where the strategies approach will be developed, using LSIPs to feed into national strategies and creating the feedback loop that is so essential. It is very important, given that LSIPs will need to be responsive to national level strategies, and given the Secretary of State’s powers to intervene if they believe that providers are failing to adhere to LSIPs or not meeting local needs, as seen through the lens of local employers.

I further understand that the notion and definition of “local” has been much discussed during the passage of this Bill already—but I respectfully point out that it continues to be raised by noble Lords because of the still undefined nature of the link between local and national priorities. When I entered local government almost 20 years ago, I was reminded that all politics is local, and I came to recognise that most assuredly throughout my tenure. I would further add that local knowledge and experience is invaluable in feeding into the national strategic overview.

[Baroness Berridge (Con)]

My Lords, I am grateful to be able to speak to this group of amendments relating to publication and response to local skills improvement plans. We expect them to be an important resource to inform decision-making by local providers, stakeholders and national policymakers.

On publication, in Clause 1(7) it is clear that a local skills improvement plan means one that has been

“approved and published by the Secretary of State”.

I presume that that will be on GOV.UK. I cannot prescribe that, but I do not think that we need to go into any further detail in relation to that, or to put such matters in the Bill. I am grateful for the comments of the noble Lord, Lord Young, about what we do and do not put in a Bill and what goes into statutory instruments—and then, of course, what is published in guidance.

Amendment 27 talks about how local skills improvement plans can inform national policy on skills. As outlined previously, we expect the plans to be informed by, and in turn inform, national skills priorities highlighted by the Skills and Productivity Board. This is envisaged to be a two-way relationship. In relation to the collaboration between employer representative bodies and the co-ordination point, which has been quite a theme throughout a number of amendments, the Secretary of State can set terms and conditions for the employer representative body and, should it be necessary, they can be used to mandate in the approval that they collaborate—but, obviously, one would hope that that will not be necessary.

On the point from the noble Lord, Lord Liddle, I hope that the trailblazers will reveal whether his doubts will materialise about whether the appropriate national skills priorities are taken into account.

On the approval process by the Secretary of State, it is not about the Secretary of State second-guessing the priorities and actions agreed by local areas but about ensuring that a robust process has been followed. In Clause 3, there are provisions that enable the Secretary of State to remove the designation if he sees fit: if terms and conditions have been broken, if the body is no longer impartial or reasonably representative or if it does not have regard to the guidance. Of course, when one talks about process, one normally thinks about judicial review—but, if a plan says that we are going to invest in coal mining in an area, for example, there might be a case for such a priority that is way outside. But it is a process that he will be looking at; he will not be second-guessing the choices and priorities decided by the employer representative body.

As I have said, we expect the LSIPs to complement the funding system reforms outlined in the Skills for Jobs White Paper. The consultation that I mentioned was launched today, aiming to give providers more autonomy to use government funding to meet the skills needs of local employers, including those articulated in LSIPs. We expect these plans to be a relevant factor for the Secretary of State to consider when making decisions about funding and support for local areas. Again, implicit in that is a co-ordination point as well.

Turning to Amendment 30, in the name of the noble Lord, Lord Watson, concerning the publication and distribution of LSIPs, I have mentioned Clause 1(7). The ERBs will lead the development of the plans, and the Secretary of State will approve and publish them. Obviously, if they are defective, there is the remedy I outlined for the noble Lord, Lord Aberdare. They will be published on a website to ensure that relevant bodies across England can easily find and access them, and this will be publicised through appropriate communication channels. The department has good relationships with stakeholders, as I say.

I hope that my remarks in relation to these amendments have provided some reassurance to noble Lords. One noble Lord who requested a meeting—it may have been the noble Lord, Lord Lucas—in relation to these matters. Of course, I am happy to engage with any noble Lord to give further detail outside of Committee. I hope to be able to report to the House on the progress of the trailblazers, but they are not due to conclude until March 2022. I therefore hope that the noble Lord, Lord Aberdare, will feel comfortable in withdrawing his amendment and that the noble Lord, Lord Watson, will not feel the need to move his when it is reached.

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Moved by

[Baroness Wilcox of Newport]

59: After Clause 13, insert the following new Clause—
“External Quality Assurance
(1) Within six months of the passing of this Act, the Secretary of State must by regulations make provision for Ofqual to provide external quality assurance of all apprenticeship end-point assessments.(2) Regulations under this section must prohibit the Institute for Apprenticeships and Technical Education from providing such external quality assurances.(3) Regulations under this section may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament.”Member’s explanatory statement
This amendment places the external quality assurance (EQA) role that Ofqual exercises on a statutory footing.

[Baroness Wilcox of Newport (Lab)]

My Lords, I am moving this amendment in the name of my noble friend Lord Watson and, with the scratchers from this group, it looks as if it is just Front-Bench contributions.

If it is worth saying something twice, that is what I am going to do. The Bill currently gives the Institute for Apprenticeships and Technical Education, a non-departmental public body directly accountable to Ministers, the ultimate sign-off power for the approval and regulation of technical qualifications in future. So, despite the Minister’s extremely detailed and comprehensive reply to the previous group of amendments, I am going to press her further, because this amendment would ensure that, within six months of the passing of the Act, the Secretary of State must, by regulation, make provision for Ofqual to provide external quality assurance of all apprenticeship end-point assessments. Regulations under this section must prohibit the Institute for Apprenticeships and Technical Education from providing such external quality assurances. Regulations under this section may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament. This amendment places on a statutory footing the external quality assurance role that Ofqual exercises.

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[Baroness Berridge (Con)]

My Lords, the external quality assurance of apprenticeships’ end-point assessment is a vital tool in ensuring that all apprentices receive a robust, high-quality assessment. In this amendment, we are now dealing with what is an Ofqual function. Ofqual does not set any curriculum for A-levels or GCSEs and neither would it, in our view, be the appropriate body to set any content for any level 3 or level 2 technical qualifications. It oversees the assessment process, seeing whether grading is fair and examinations are being run properly.

The Institute for Apprenticeships and Technical Education introduced an external quality assurance framework in 2019 in order to bring consistency to the sector. Following this, the institute put the matter of external quality assurance out to public consultation between February and May last year. This resulted in the institute taking the decision that the EQA for most apprenticeship end-point assessments would transfer to Ofqual to bring further consistency and quality to the assessment of apprenticeships. This is Ofqual’s bread and butter: overseeing examinations.

There are a small number of exceptional standards—chartered surveyors, for instance—where an existing statutory regulator oversees entry to a profession. The best way to quality assure these standards is currently being worked through with those regulators. I would like to make it clear that the Office for Students must continue to provide EQA for integrated degree apprenticeships—because Ofqual does not have statutory jurisdiction over degrees and therefore cannot provide EQA for apprenticeships at that level.

I will specifically address the noble Lord’s suggestion that regulations under this proposed amendment must prohibit the Institute for Apprenticeships and Technical Education from providing EQA. While the institute is stepping back from direct delivery of EQA, it is an employer-led organisation, working to develop apprenticeships that meet the needs of employers. It is right that it should continue to have responsibility for securing the quality assurance of apprenticeship assessment in order to retain an independent, impartial voice in the sector and to maintain clear focus on supporting employers to develop the right apprenticeship skills for the labour market.

Regarding the suggested six-month timing for the transfer proposed in the amendment, the pace of the EQA transition currently taking place from the institute and other EQA providers to Ofqual has been carefully planned to ensure the development of a balanced end-point assessment offer to continue to develop a high-quality apprenticeships system. The first phase of the transition is well under way and is focused on transferring the majority of standards that currently have the institute as the named EQA provider. This phase will conclude at the end of the year. The second phase is to transition to Ofqual the remaining standards that are externally quality assured by other EQA providers, excluding the standards that will be regulated by OfS and statutory regulators, as aforementioned. This will conclude at the end of September 2022.

The sector is made up of a great number of end-point assessment organisations of different sizes and natures, some covering single standards, some covering around 50 standards. To attempt to transition all these organisations and standards over to Ofqual in a six-month period would cause severe disruption in the sector and would negatively affect the apprentices’ experience. The proposed amendment would also place a great burden on universities, as under this amendment they would be required to be regulated by the OfS and Ofqual, rather than just by the OfS, as is currently the case. I hope I have set out that, as the successful transition of EQA is already under way, it would have a detrimental effect if we were to remove the institute from the process entirely.

In relation to the question from the noble Baroness, Lady Garden, on fees, any future approach that is developed will be proportionate and take account of the operational costs of institute approval in the reformed landscape. This may differ across qualification categories and levels.

On this basis, and with the explanations and reassurances I have given, I hope that the noble Baroness will feel comfortable to withdraw her amendment.

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for the further explanation. I will analyse it in greater detail when I read it in Hansard tomorrow. The point from the noble Baroness, Lady Garden, about regulation being a matter of concern is absolutely correct. Indeed, employers have always been involved in qualifications. I am afraid that I am unsure of the background of many of my fellow Peers, but I can assure noble Lords of the quality standards of BTEC qualifications because I taught them for many years, alongside A-level qualifications, which are another quality qualification—I actually wrote A-level examination papers, as I was a principal examiner for the AQA examination board.

Nevertheless, the principle remains that we need responsibility and accountability. That is what Ofqual would give. I am sure we will return to this issue on Report, so I beg leave to withdraw the amendment.

Amendment 59 withdrawn.

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[Lord Addington (LD)]

My Lords, this is an interesting group of amendments, because I think everybody would agree that universities as institutions have a duty of care to their students. They are adults, but most of them are only just adults. I must declare an interest here; I have an 18 year-old daughter who is expecting to go to university—and not only go to university, but a university in another country: Wales in this case, but there we are.

[Baroness Wilcox of Newport (Lab)]

It is another country.

[Lord Addington (LD)]

At least I have got that confirmed; I thank the noble Baroness for that aside.

The point here is about “Students like us, how do they do and what do they go through?” I have heard it from many people, and indeed from members of my own family. Two of my nephews are of mixed race and are wondering “Where do we go where people like us are?” We have to get this information out, because it is a perfectly normal thing. You are leaving the support structure of home and your parents, but there is some way of intervening.

The noble Lord, Lord Willetts, referred to special educational needs. We have a universal package there called the disabled students’ allowance. We have a structure within universities that means you actually have to give things. Members of the Front Bench have sparred with me on this—I think “sparred” is quite accurate—in the past. There is a structure of support and a standard, and you can take action if that standard is not fulfilled. That is difficult, but it is there. You have a support structure going through.

So having more information about what happens here and what goes on will not hurt. It is not that big an ask. People are posting about entrance requirements and groups are coming across—it is happening at the moment. I suggest that having more information gives a better guide to what can come out of the experience and what other people are experiencing on their way through. I think this information is being gathered in many places anyway, usually for internal commercial reasons by the institutions. It would not hurt to have it in there.

I do not know whether the Government are in the mood for accepting amendments at the moment. I always remember when it happened to me many years ago; it stunned me into silence for the rest of the evening. It may be a bit late in this day for doing that, but I just throw that out. It would be something that would be quite good to have. I would hope that the Government at least give us some idea that they are encouraging, if not requiring, people to do it.

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I hope the Minister in her response to this group will be able to give some reassurance to ITPs that they will not face disproportionate restrictions or entry barriers under this Bill, and that their views will be duly sought and properly taken into account, via the planned consultation, before the proposed list of relevant providers is implemented. I beg to move.

[Baroness Wilcox of Newport (Lab)]

My Lords, Amendment 74 probes the charging of fees in connection with entries on the list of relevant providers. The Bill would enable the Secretary of State to make regulations to provide for a list of post-16 education or training providers, including independent training providers.

We have no argument with the principle of introducing legislative measures to protect the interests of learners, and agree wholeheartedly that those who run providers on the proposed list of relevant providers should be “fit and proper persons”. But we are concerned that many of the provisions appear to be just piling costs upon ITP delivery without any consultation or rationale as to why they are necessary. Can the Minister explain why no such exercise has taken place and assure the Committee that meaningful consultations will take place before any new requirements for providers are introduced via regulations?

Under the proposals, any provider not on the approved list will not be granted funding agreements or be allowed to subcontract with another provider that is on the list, so this will not be an option going forward. Yet being on this list does not guarantee future financial sustainability, given that the Government admit that listing will have a “significant impact” on the costs of smaller providers because of the need to pay to join and the imposition of mandatory professional indemnity insurance, as highlighted by the noble Lord, Lord Aberdare, in his Amendment 72.

If this is in response to concerns about provider failure, I too fail to see how enhanced liability insurance and more stringent entry registrations will have any impact or give protection to learners. Meanwhile, it risks destabilising the entire ITP sector at a time when the economy desperately needs more skilled staff as we emerge from the pandemic and as the effects of Brexit on the labour market are felt.

The Association of Employment and Learning Providers has also raised concerns about the practicality of this indemnity requirement, given that it is not aware that the insurance product that the Government may have in mind actually exists, despite such a requirement being written into primary legislation. I hope the Minister is able to address this in her response.

There is also understandable concern in the sector that increasing costs may be a backdoor way to reduce the number of ITPs in the market. Can the Minister confirm whether this is indeed the Government’s intention? If it is, I am concerned that such a policy could backfire spectacularly and have significant adverse consequences for learners and communities.

ITPs deliver three-quarters of all apprenticeship, traineeship and adult education budget programmes. While many are small, they provide crucial and valuable opportunities and bring much-needed responsiveness, innovation and competition to the skills training marketplace. Many ITPs are either specialist providers or serve areas out of easy reach of a local college—indeed, there are 1,186 towns but only 170 FE colleges in England. Does the Minister recognise that ITPs are very good at reaching out to small businesses in small towns and rural areas which do not have a local college, including the Chancellor’s Yorkshire constituency and some red wall areas? Does she agree that they have a major contribution to make to the Government’s levelling-up agenda?

I hope the Minister can provide some clarity on these issues and assure the House that independent training providers will be able to continue to provide value opportunities, which will be crucial to the country’s post-pandemic recovery.

[Baroness Berridge (Con)]

My Lords, I am grateful to noble Lords for the agreement in principle that a list of independent training providers is a requirement, as I believe it was suggested in this House in previous legislation. The noble Lord, Lord Aberdare, is correct: the core focus of the list is to protect learners and reduce the significant disruption to learners that provider failure can cause. We value highly the role of relevant providers, including independent training providers and in particular those small providers noble Lords have mentioned. We are not unduly negative at all about their role in providing a diverse and innovative learning offer. They provide a great deal of variety to many learners.

The provisions in Clause 18(7) include a requirement for a provider to have insurance for examples of conditions that may be specified in regulations that providers must meet in order to be on the list. In a similar way, subsection (10) gives examples of provisions that may be specified in regulations in connection with the keeping of the list, which would ultimately help deliver a well-functioning, transparent and fair scheme to all those involved.

We propose that the student support plans we envisage providers having will, subject to consultation—which I will mention further—follow the approach in the HE sector, where the Office for Students requires a statement of the level of risks to the continuation of study. We must remember this is study paid for by the taxpayer, and obviously it is in everybody’s interests that that course of study is completed.

I would like to allay the fears of the noble Baroness, Lady Wilcox: as the clauses require, we will consult on the conditions and provisions for being on the list, prior to making the first set of regulations, to help ensure that those conditions manage and mitigate the risk of disorderly exit. That consultation will allow us to fully take into account the views of those affected by the scheme, particularly the small providers noble Lords have outlined.

I turn to the specifics of the amendments. Amendment 72 is intended to ensure relevant providers will not be subject to further costs relating to obtaining insurance cover. The introduction of insurance, or an equivalent, may be useful in preventing or mitigating the risk of provider failure and assist with learner transfers at that point. If we were to introduce a condition in relation to insurance, the aim would be for learners to benefit from greater continuity of provision. Clause 18(9) allows different conditions to be applied for different descriptions of providers. It is not one size fits all. This would ensure that, where appropriate, we could make the scheme as flexible as possible.

Amendment 74 is intended to probe how the charging of fees in connection with entries on the list will be regulated. It is reasonable to expect that some fees may be necessary to recover the costs—I emphasise “costs”—of administering the list. It is important that we retain the ability to introduce fees if they are deemed necessary to run an effective and fiscally responsible scheme. I can, however, offer an assurance that this would be the sole purpose of any fees. They would be set to a reasonable level, with reasonable notice and with consideration of the impact on providers of all sizes. There would be no intention to make a profit at the expense of providers.

Regulations to create the list are subject to the affirmative procedure, so there will be further opportunity for parliamentary scrutiny of any conditions or provisions specified. This includes regulations relating to any requirements for providers to have insurance or an equivalent, if proposed in the regulations following consultation, as well as any requirement to charge fees. If regulations setting out the basis for charging fees were to change again in the future, those amending regulations would also be subject to the affirmative procedure.

I therefore hope the noble Lord, Lord Aberdare, will feel comfortable in withdrawing his amendment and that the noble Baroness, Lady Wilcox, will not feel the need to move her amendment when it is reached.

Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021

Baroness Wilcox of Newport Excerpts

Tuesday 13th July 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

In this debate, we have learned that the reception baseline assessment is a short assessment taken in the first six weeks in which a child begins reception. As my noble friend Lord Watson stated at the outset, we are not against assessment.

This debate refers to the Childcare Act 2006 and the Early Years Foundation Stage (Learning and Development Requirements) Order 2007, which underpin the requirement for schools to administer the RBA. The legislation has been amended to ensure that the assessment is included in these requirements on a statutory basis; this statutory basis forms the basis of this regret Motion in the name of my noble friend Lord Watson, who argued comprehensively for a flexible delay in the light of the pandemic, allowing teachers to focus on the greatest needs of those in need.

We have learned that the RBA assesses a child in early mathematics, literacy, communication and language and that its purpose is to form the starting point for cohort-level school progress measures. We understand the purpose and need for a baseline assessment of where a young child begins their formal entry into education and that data is used as a benchmark for recognising progress, but many noble Lords have argued powerfully in this debate for the complete abolition of the test, and I understand their views.

However, the basis of this regret Motion is to highlight the fixed position of the statutory basis beginning in September. We are asking for a little more flexibility to be written into the regulations so that schools, which have been through the most incredible and incredulous time since March 2020, have the ability to administer the test according to their particular circumstances throughout the autumn term and do not remain fixed to the window of six weeks, as noted in the administration.

I am pleased to see in the guidance that scores are not shared or published, to prevent labelling or streaming of children or judgment of early years providers, and that teachers receive a series of narrative statements informing them how the child performed on the day but, as my noble friend Lady Blower noted, the current legislation does not make explicit what will happen to that data. Furthermore, she informed us of the unsettling effect that such testing has at the start of a child’s education.

The teachers’ guidance document notes that the RBA assessment should sit alongside the important activity that takes place during the first term of reception. If the Minister agrees to review the timeline so that assessment could take place during the most appropriate time for the school and the early years pupils in the first two terms of reception, it would assist many schools and pupils to concentrate on other important activities that could take place at the optimum time for the school and the pupils after the most disrupted 18 months of learning in our experience.

My noble friend Lord Knight made many apposite points, including about the efficacy of taking up scarce teacher time that could be better used in direct classroom learning. Parents may be concerned about the pressure and disruption that RBA will place on very young children, many of whom have had a very disrupted early years experience due to the pandemic.

Can the Minister assure the families of children undergoing these assessments that every effort will be made to ensure that they are at ease and that the assessments are not disruptive to school integration? How will the impact of catch-up time for lost learning be factored in? Some children starting reception and undergoing these tests will have just turned four, whereas some of their fellow pupils will have already turned or will soon turn five. How will this large age discrepancy be accounted for in the assessment? I support the Motion.

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Tuesday 6th July 2021 Lords Chamber

Finally, I just want to mention that, in putting forward these local skills improvement plans, there will be national requirements that are not locally based. The one that people have mentioned that springs to mind is the utility industry, where there is a national skills requirement. I would like to understand from the Minister how its voice will be heard, which is, in a sense, quite separate from local needs.

[Baroness Wilcox of Newport (Lab)]

My Lords, I draw attention to my interests as in the register. Amendment 17 seeks to ensure that LSIPs cannot place an unreasonable burden on providers. Although we aim to amend the Bill to ensure that LSIPs are produced in partnership with providers, as drafted, the Bill gives ERBs all the power and renders FE colleges passive recipients. The role of employer representative bodies will be very important in shaping local systems, so it is worth while being clear about expectations, accountabilities and oversight in respect of what they are undertaking. There is a risk that some ERBs might represent a narrow group of employer voices, focus too much on current skills needs or be unwilling to take feedback. As the noble Lord, Lord Lucas, asked earlier, how will they work?

It is important to ensure that ERBs represent the full breadth of employer voices, focus on future demand—the skills we need for tomorrow—and have appropriate governance. Some employer representative bodies run publicly funded training providers that compete with colleges for apprenticeships and other contracts. We are therefore concerned that they have no ability to challenge plans even when these include unreasonable burdens, and can in fact be penalised if they are deemed to be failing in the plans’ objectives. I will not repeat the powerful rhetoric of my noble friend Lord Adonis, save his strong statement that this is “a Bill in search of a policy”—that is worth repeating, as is his further description that, with appropriate government funding, legislation for LSIPs would not be required.

There are many areas where plans could be unreasonable; for example, a requirement to facilitate a new course in an unworkable timescale or accommodate significant numbers of new students. I hope the Minister will agree to our other amendments and see sense in providers having agency over LSIPs, given their role in their delivery.

Amendment 18 seeks to ensure that LSIPs provide co-ordinated, strategic, all-age careers information, as mentioned by several noble Lords. The advice and guidance are widely supported across the education sector and, as was apparent at Second Reading, in this House. The Government’s White Paper says:

“We need impartial, lifelong careers advice and guidance available to people when they need it, regardless of age, circumstance or background.”


I could not agree more. Education is the key to personal and social mobility. I well remember being a young teacher when the noble Lord, Lord Baker’s 1988 Act was introduced. There must be a joined-up employment, skills and careers system. A range of choices and opportunities should be central to any reform, and changes to the post-16 education system should allow for progression and pathways between technical education, apprenticeships and existing further and higher education qualifications—no dual system, but one continuous pathway. It is disappointing that we are still awaiting the recommendation of Sir John Holman, who has been appointed to advise on this. Can the Minister confirm when these recommendations will be published and how they will sit alongside the Bill?

Amendment 19 seeks to ensure that the development of LSIPs must consider and support people with EHCPs and disabled people without EHCPs; this is supported by Mencap. Every person with a learning disability should have the opportunity to study and work. However, too few people with a learning disability have the opportunities and support that they need, and employment rates for people with a learning disability have remained stubbornly low. The reasons for this are numerous but some of the typical barriers to employment include a lack of support to build skills, misconceptions and a lack of understanding of what people with a learning disability can achieve with the right support, and failure by government programmes to provide the necessary adjustments required by people with a learning disability.

It is crucial that those with a learning disability can benefit from the measures in this Bill, and that support for schemes that help them, especially supported internships, are on the face of the Bill. A focus is needed on making the three “ships”—traineeships, supported internships and apprenticeships—more accessible and widely available; this will open up pathways into long-term employment. It is crucial that the various offers and pathways work in harmony. Indeed, apprenticeships need to be made more flexible and this should be included as part of reforms to the post-16 education offer; it has been a significantly missed opportunity.

Additionally, we want to see more of a commitment to ensuring that people with education, health and care plans, as well as disabled people without EHCPs, are included in the development of local skills improvement plans. Leaving this group out will only further entrench the current barriers.

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I worry that there is little coherent understanding across government about the scale of what has to be done to meet the targets that the Government sometimes seem so blithely to set. As the noble Baroness, Lady Bennett, said, sometimes they just do not seem to get it. This is not the first Bill that we have been engaged on where there is no mention of climate change. The Financial Services Bill earlier this year contained not a word about it until, with the encouragement of the noble Baronesses, Lady Hayman and Lady Jones of Whitchurch, me and other noble Lords, the Government were constructive, engaged and finally brought forward an amendment. That should not have to be the case, but I am very glad that we had a Minister in this House who listened and got his department to listen, so I very much hope that out of this debate the Minister will understand the strength of feeling on this subject, take the issue away in a similarly constructive vein and come back with government amendments that can address this gaping chasm in the Bill.

[Baroness Wilcox of Newport (Lab)]

My Lords, I have listened carefully to the many excellent contributions in this debate. Much has been said so I will self-edit as I speak, in much the same way as I used to five minutes before the bell rang at the end of the school day.

It is extremely disappointing that the Bill fails to link the Government’s goals on decarbonisation in energy, transport and buildings, sustainable land management and carbon sequestration. As the noble Baroness, Lady Hayman, noted in her persuasive opening speech, there should be a cross-cutting skills strategy. It is worth repeating that there is currently not a single reference to climate considerations in the Bill. The needs of the education sector and industry are liable to change the skills of tomorrow, as mentioned in the previous debate, and cannot be put aside. Monumental changes are needed to include net zero and biodiversity at every level, and targets should be embedded in the LSIPs to provide sustainable jobs in future.

Our Amendment 36, which will come up in the next group, sets out conditions for ERBs, including the requirement to have regard to national strategies, including the decarbonisation strategy. Not only will those entering the labour force for the first time need to be prepared for green jobs—green jobs already exist, and they will exist much more in future—but many who currently work in fossil fuel sectors will need retraining. As the noble Baroness, Lady Bennett of Manor Castle, said, everything needs to be done for the economy and the environment is a subset of the economy. Her point, among many others, regarding the need for repair skills was particularly apposite. My noble friend Lord Knight of Weymouth’s amendments regarding education policy are extremely important in affirming our future behaviours.

Does the Minister agree that there should be a requirement for skills improvement plans to refer to national objectives on the green economy, including the net-zero targets, or associated sector-specific strategies, such as the industrial decarbonisation strategy, the transport decarbonisation strategy, the energy White Paper, the nature strategy and the heating and buildings strategy? I hope the Minister has taken note of the cross-party consensus on this issue and that she will be sympathetic to the thrust of the amendments and include references to climate considerations, net zero and biodiversity in the Bill.

[Baroness Berridge (Con)]

My Lords, I think there is a theme here, with the noble Lord, Lord Aberdare, and the noble Baroness, Lady Wilcox, asking about putting this in the Bill. The noble Baroness, Lady Hayman, was incredibly gracious when she referred to the nature of the Bill and the fact that it is, as I outlined, a framework to enable the flexibility that the employer representative body would need to make the local skills improvement plan.

As the Minister for COP 26 and for sustainability in the Department for Education, overseeing the department’s capital budget and with over 60,000 blocks within our school estate, I can assure the noble Lord, Lord Oates, that it is a serious matter. On 10 June I had the pleasure of meeting the Climate Change Committee to talk through the department’s proposed strategy in relation to the net-zero target. I have also had the pleasure of meeting incredibly articulate young people from Mock COP, who made very clear to me their passion about what we should be doing at COP 26 and to reduce our emissions.

I assure the noble Baronesses, Lady Bennett and Lady Sheehan, and the noble Lord, Lord Knight, that there will not be a green gap in the guidance. I think that we are back to an agreement that this is an incredibly important priority. We have passed the legislation embedding this, but it is a case of whether it is placed in the Bill or is something that is for the guidance.

Before I address the specific amendments, I just want to outline for the noble Lords, Lord Oates and Lord Liddle, and my noble friend Lord Baker that the Skills and Productivity Board, which is the national specialist on our skills, will publish three analyses this year about three questions that were posed by the Secretary of State. The first considers the most significant skills shortages in England, and the board will consider net-zero skills shortages as part of that. Obviously, it is an independent board, so I do not know what the outcomes and recommendations will be, but we are looking specifically at what the skills gaps are.

In June 2019, the UK became the first major country to legislate for this net-zero target for carbon emissions by 2050, making it clear that a systems approach was needed to drive behaviour across all areas of the economy to guide decisions by citizens, businesses and investors. I think that we are back to that interesting legal question: once you have put it in that piece of legislation, what then flows in terms of legislation we are passing? But as I say, on the basis of this, the guidance will be very clear in relation to the net-zero target.

The Green Jobs Taskforce, which was launched in November 2020, is working in partnership with businesses, skills providers and unions to help the Government develop plans for new, long-term and good-quality green jobs by 2030, and advises what support is needed for the transitioning industries mentioned by the noble Baroness, Lady Fox.

I turn to the amendments, seven of which are closely related to Clause 1, concerning the local skills improvement plans, supporting the transition to a net-zero economy and biodiversity. These are from the noble Lord, Lord Oates, and the noble Baronesses, Lady Hayman, Lady Bennett and Lady Sheehan. Reference was made to the fact that there is now that biodiversity target which will also be in legislation, mirroring the net-zero target. The noble Baroness, Lady Sheehan, asked whether the Secretary of State would approve an LSIP that was not compatible with net zero or biodiversity, and I will answer her straight on. The Secretary of State will want to be satisfied that the statutory guidance has been followed in the process of developing a plan to approve and publish it and, in developing LSIPs, statutory guidance will require ERBs—employer representative bodies—to have regard to skills needs relating to national priorities such as net zero and green jobs. I hope that I have answered directly that putting it in the guidance will not diminish the requirements there will be on the ERBs.

I can assure noble Lords that net zero, green technology and decarbonisation were common themes in the proposals that we received from the employer representative bodies seeking to lead our local skills improvement panel trailblazers. Again, we will be ensuring through the guidance that this remains the case for longer-term implementation. We are not seeing any lack of consideration of this in the initial pilots, but in developing the local skills improvement plan, the statutory guidance will require the ERBs to have regard to skills needs relating to these national priorities. The expectation is that the guidance issued by the Secretary of State under Clause 1 will reflect zero-carbon goals as businesses and employers respond to climate change and the biodiversity agenda. As I have outlined, the process for approval by the Secretary of State will very much be based on what has been taken into consideration and whether the statutory guidance has been followed. The presence of these targets within that is key.

Amendment 42, tabled by the noble Baroness, Lady Sheehan, seeks to introduce the requirement for colleges to include considerations on reaching the UK’s net-zero target as part of the regular review. In regularly reviewing their provision in relation to local needs, colleges will play an active part in strengthening the alignment of their curriculum offer with skills needed and the job market in their local area. Over time, we expect the environment agenda to become an increasingly integral part of the curriculum offer, reflecting wider changes across the economy and society, including the changing skills needed by employers.

I turn to Amendment 52 in name of the noble Lord, Lord Knight. I am grateful for the opportunity to talk about our ambitious technical qualification reforms. He mentioned the commitment of the Institute for Apprenticeship and Technical Education—IfATE—to the UK’s biodiversity and climate change targets. That is why it has already embedded environmental and sustainability aims within its processes for developing and updating employer-led occupational standards. These are the standards on which apprenticeships, T-levels and higher technical qualifications are based, and on which a broad range of technical qualifications will be based in the future. Along with the Department for Business, Energy and Industrial Strategy, the institute has identified the need for integrating sustainability across technical education to support us in achieving our commitments.

The noble Baroness, Lady Blackstone, also referred to the sustainability framework developed by the institute, which sets out the key themes for employers across all sectors to consider when developing the occupational standards. It acts as a guide for those involved in the development of standards and ensures that when considering the knowledge, skills and behaviours required for any occupation, they have considered sustainability, net-zero carbon and the UN’s 17 sustainable development goals, which include a goal on climate action. I reassure noble Lords that this really has been embedded and is perhaps another example of where primary legislation might not be the correct place.

I turn to the amendments in relation to initial teacher training. I assure noble Lords that specific steps are already being undertaken to ensure that teacher training programmes cover appropriate content, including specifically around sustainability. Our reform of FE teacher training is founded on new occupational standards for FE teaching, which we expect to be available for use in the next academic year. It has been developed with a group of employers across the sector, including colleges and other training providers. Again, we expect the standard to include a requirement for teachers to integrate sustainability into their teaching, including through modelling sustainable practices and promoting sustainable development principles in their subject specialism. Again, I hope that it will not be necessary to put that on the face of a piece of legislation when it is actually happening.

There was some disagreement among noble Lords in relation to Amendments 73 and 75 in the name of the noble Baroness, Lady Sheehan. The noble Lord, Lord Aberdare, commented on the issue here. We would be putting a requirement on SMEs that is not placed on businesses in many other contexts. Perhaps more pertinently, the purpose of the list of registered providers —independent training providers, not those in FE—will be to protect learners and reduce the disruption to provision if a business fails. This was a matter for discussion in Your Lordships’ House during the passage of the Technical and Further Education Bill four years ago. I am pleased that we are now looking at this, but the singular purpose of the clause is to protect learners in the event of provider failure. It would not be appropriate to extend it to achieve a very different policy objective, which would not be consistent with the requirements for businesses in other contexts. As I set out earlier, however, we will continue to work with the sector to support its move towards embedding sustainability.

In conclusion, the Government recognise—of course we do—the important and vital issue of climate change and biodiversity, and we continue to work towards our target of reaching net-zero carbon emissions by 2050. The reforms set out in our Skills for Jobs White Paper and supported by this Bill will, I believe, help towards achieving that agenda. I hope I have answered many of the questions posed by noble Lords and that they are reassured. I therefore hope the noble Baroness, Lady Hayman, will feel comfortable withdrawing her amendment, and that other noble Lords will not feel the need to call theirs when we reach them in the list.

Education: Recovery Package and Catch-up Programme

Baroness Wilcox of Newport Excerpts

Monday 21st June 2021 Lords Chamber

[Baroness Berridge (Con)]

My Lords, there are two organisations that the Government contract with to deliver new governors, Academy Ambassadors and the National Governance Association. We have set them specific targets which they have both exceeded in relation to recruitment from those communities. The Government are announcing—or have announced; I shall double-check that—the Gypsy, Roma and Traveller strategy, but my noble friend is correct that those groups have the highest prevalence for free school meals and some of the lowest educational attainment. We need to act to help change that.

[Baroness Wilcox of Newport (Lab)]

My Lords, this Wednesday is Thank a Teacher Day, an event established in 1998 by my noble friend Lord Puttnam to celebrate and recognise excellence in education. It is a chance for children and families to thank the inspirational staff who change lives through their hard work. All the evidence shows that if we want to make the most difference to children’s life chances and close the attainment gap, investing in teaching is key. The influence of a good teacher lasts a lifetime, so why have the Government said nothing about the workforce that will deliver the additional education catch-up support for children’s pandemic recovery?

Covid-19: Children

Baroness Wilcox of Newport Excerpts

Thursday 17th June 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I have never forgotten the words of my first education lecturer, a Mr Hinchliffe, who told a room full of eager trainee teachers that we could not walk into a classroom and expect the children’s instant respect but would have to earn it by our words and deeds. It is incumbent on us all now, particularly the Government in the delivery of their policies, to earn the respect of young people and support their health, well-being and education as a major priority as we move out of the pandemic.

This difficult time has emphasised just how important our schools, colleges and universities are for young people. The education workforce has risen to the challenges, demonstrating clearly that teaching is not and never was just another job. It is an honourable profession that I was proud to be dedicated to for over three decades of my working life. I was delighted to experience a sea change in recognition and respect for teachers during the period 1997 to 2010—replacing the leaking roofs of hall buildings, and tackling the one set of textbooks between four classes and the low expectations for our children that were the norm in the 1980s and 1990s.

Then, we had an innovative education policy from a Labour Government under the departmental leadership of my noble friends Lady Morris and Lord Blunkett, among others. I implemented those exciting changes in my classroom and was rewarded with excellent outcomes for our young people, significant pay rises and opportunities for professional development. I never dreamt then that one day, I would be working alongside them in your Lordships’ House. As we have heard already today in my noble friend Lady Morris’s inspirational speech and those of so many of my noble friends, we have magnificent dedication and experience on this side of the House. It could be so invaluable when developing strategy and policy.

Let us thank the teachers and students of today for their dedication, innovation and ability to move to online and blended learning and all the other things they have had to put up with during the pandemic. We must match the ambition that children have for their own futures. We must provide investment and opportunity to back that up. Labour has a Children’s Recovery Plan that would ensure that no child is held back by the Government’s failures to protect learning and well-being. Labour is promising to match children and young people’s ambition for their own futures and to put them at the heart of our national recovery. This goes to the centre of our leader’s vision for the UK to be the best place in which to grow up.

Sadly, this Government have already fallen at the first hurdle and revealed their lack of commitment when their own education recovery tsar resigned. The pandemic exposed deep inequalities in our society—many noble Lords have talked today about poverty—but it did not create them. Poverty, particularly child poverty, has been growing for years on this Government’s watch, and its impacts are shattering. My noble friend Lord Coaker referred to revisiting a place many years later. He is absolutely right: so little has changed in the last 11 years. In fact, we have gone backwards.

Our plan for the future of young people would deliver breakfast clubs, new activities, quality mental health support and small-group tutoring for those who need it by reforming the Government’s failing tutoring programme. We would introduce an education recovery premium, investing in children to provide support to every child in order to reach their potential. We would double the pupil premium for children in key transition years. Further, we would ensure that no child goes hungry by extending free school meals over the holidays, including the summer holidays. It should not need the campaigning of a remarkable young sportsman to shame the Government into taking such actions.

It is particularly welcome that only yesterday the Welsh Labour Government published their plan for education recovery in Wales, putting learners at the centre of it. It is called Renew and Reform: Supporting Learners’ Wellbeing and Progression, and I recommend it to the Government as essential reading. The Welsh Government are also clear on the types of activity that are important. They will prioritise learner well-being, motivation and confidence as the basis for the development of skills, as well as teacher well-being. Their funding aligns with the allocation of nearly £100 million in support for free school meals over every school holiday, in direct contrast to the lack of funding for English children. The Welsh Labour Government’s pathway will ensure that education builds back better towards reform, as well as developing resilience to future Covid-19 challenges.

I respectfully advise the Secretary of State, as I did in my speech on Tuesday, to call Jeremy Miles MS as soon as possible to discuss and learn how a devolved Labour Government are so much more ambitious for our young people and their education and well-being recovery from the most tumultuous year of their young lives. I have the Minister’s number if Mr Williamson needs to get in touch today.

Ofsted Review of Sexual Abuse in Schools and Colleges

Baroness Wilcox of Newport Excerpts

Thursday 17th June 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, Ofsted was asked to conduct a rapid review of sexual harassment and abuse in schools and colleges in England after thousands of harrowing testimonies detailing sexual abuse and misconduct in schools were posted on the Everyone’s Invited website this year. I was last teaching full-time in 2016, when these problems were emerging, but nothing was evident on the scale that has erupted in the past couple of years.

Inspectors visited 32 unnamed schools and colleges in both the independent and state sectors, including a number named on Everyone’s Invited, and spoke to more than 900 children and young people. Nine out of 10 girls and half the boys who took part in the review said that being sent unsolicited explicit pictures or videos happened

“a lot or sometimes to them or their peers.”

A similar proportion of girls—92%—and three-quarters of boys complained of recurrent sexist name-calling. The report said:

“The frequency of these harmful sexual behaviours means that some children and young people consider them normal.”


Although the review focused mainly on secondary school-aged children, inspectors went to two primary schools and found that there were already concerns about children viewing porn and inappropriate images on social media.

Ofsted wants head teachers to take a whole-school approach and develop a culture where all kinds of sexual harassment are addressed and sanctioned. It calls for sex education to allow sufficient time to cover consent and sharing explicit images, and it urges the Government to take the findings of the review into account as they develop the online safety Bill. Ofsted tells us that this is a cultural issue; it is about attitudes and behaviours becoming normalised. Schools and colleges cannot solve that by themselves. The Government need to look at online bullying and abuse and the ease with which children can access pornography.

The Ofsted report echoes the findings of a landmark report by the Commons Women and Equalities Committee in 2016. I simply ask the Minister: why has nothing happened since then? How can we be sure that real change will come about after the Ofsted report? We have had reports in the past and nothing has happened, so what is different now?

Earlier today in the education debate—eloquently led by my noble friend Lady Morris—I spoke about an outstanding report published yesterday by the Welsh Labour Government on their plans for education recovery in Wales, which puts learners at the centre. It is called Renew and Reform: Supporting Learners’ Wellbeing and Progression, and I again recommend it as essential reading.

Yesterday also saw the publication by Minister Jeremy Miles MS of a written statement on sexual harassment and abuse in education settings in Wales, and I sincerely offer the following suggestions to this Government from the Welsh Government’s review. The Minister will request Estyn, our Ofsted, to conduct a review into culture and process in schools to help protect and support young people better. While the findings of that review will play an important role in supporting settings and informing government policy, the Minister recognises that we cannot await the outcome of that review before he acts, so he expects that every school and local authority should have a designated lead responsible for supporting learners with relationships and sexuality education.

The Welsh Government have published extensive guidance on preventing and responding to child sexual abuse, including their statutory guidance, Keeping Learners Safe. Furthermore, they have published violence against women, domestic abuse and sexual violence guidance for school governors and a toolkit for education staff containing best practice, as well as supporting the Higher Education Funding Council for Wales with the development of its strategy. The Welsh Government’s National Action Plan Preventing and Responding to Child Sexual Abuse has 10 objectives, including objective 2:

“Increased awareness in children of the importance of safe, equal and healthy relationships and that abusive behaviour is always wrong.”


Working with regional safeguarding boards, they are implementing the plan with the view that more must be done. I once again offer the UK Government, via the Minister, the opportunity to learn from what devolved Governments are already doing in this extremely difficult and sensitive area.

I have a series of questions for the UK Government. Will they now commit to using the online safety Bill to tackle the forced and unwanted sharing of nude photos and other online harassment? What support will the Government provide to schools to create the whole-school and whole-college approaches to tackling sexual harassment recommended by Ofsted? Does the Minister agree that the Office for Students’ recent Statement of Expectations falls short of the action needed to tackle the estimated 50,000 incidents of sexual harassment and abuse taking place on university campuses each year? Something must indeed be done.

[Baroness Benjamin (LD)]

My Lords, I welcome the Ofsted review of sexual abuse in schools and colleges, and I am pleased to hear the Government’s response.

I have been raising much of what has been highlighted in the review for many years in this House. Countless parents have contacted me to tell me about the sexual abuse and harassment that their children have had to face in schools. Some children as young as four have been sexually assaulted by children as young as 10. Teenage girls have told me about the aggressive sexual abuse that they have had to face for more than 10 years now. Many have felt ashamed about what they have been asked to perform, and they have even resorted to self-harm and experienced suicidal thoughts.

So nothing in the review has come as a surprise to me or to many teachers across the country in both public and state schools, as well as in colleges and universities. Many signed an open letter that I wrote to the Prime Minister just last month, highlighting our concerns at the epidemic of sexual abuse fuelled by online pornography. Let us give a thought to all those who have been affected.

The review by Ofsted rightly has a strong emphasis on education, and the PSHE Association has long recommended that best practice for RSHE is for it to be delivered as part of a spiral PSHE curriculum that builds children’s knowledge and skills and contributes to supporting them in navigating their social worlds both now and in future. That requires timetabled lessons, trained teachers and accountability through inspection bodies. What commitments are there from inspectoral bodies, including Ofsted and the Independent Schools Inspectorate, to inspect PSHE, including RSHE, to the same standard as they would inspect other curriculum areas, including Ofsted ensuring that PSHE is inspected within the “quality of education” element of its inspection framework? It is vital that schools provide evidence of their three Is—intent, implementation and impact—as they would for history, maths, science or any other curriculum areas.

The current training modules released by the DfE are widely criticised by teachers due to their focusing on simply imparting factual knowledge to teachers. PSHE and RSHE can be dangerous if taught by teachers who are undertrained and underprepared. Will the Government commit to training that demonstrates effective improvement of teachers’ confidence and competence in teaching RSHE? If the DfE is not able to provide this training, will the Government ensure that schools have funding and teachers’ time to enable it to be available from reputable organisations that have the expertise and experience to equip our teachers?

The Government must ensure that there is guidance that PSHE, including RSHE, is delivered in timetabled lessons of the same length as lessons for other curriculum areas. So-called drop-down days sporadically placed throughout the year cannot be relied upon in schools, because the topics covered are highly sensitive. A whole day spent on such topics could re-traumatise students so much that we have to be careful. Will the Government put guidance in place for school leaders, to ensure that they support their PSHE leads by providing them with time to teach PSHE, time to plan and time to lead and train their colleagues?

I am pleased that the review focused on pornography. Right now, we have on the statute book legislation that Parliament passed four years ago which does two things. It prevents children accessing commercial pornographic websites through age verification and makes provision for the regulator to take robust action against any site showing extreme pornography which normalises violence against women. As the Government reflect on their next steps, they would be well advised to review their decision not to implement Part 3 of the Digital Economy Act, which should have been in place 18 months ago. In October 2019, the Government performed a spectacular U-turn, saying they were going back to the drawing board and starting again with completely new legislation. It was only last month that we saw that alternative draft Bill.

I know that Part 3 does not address pornography on social media, but it addresses pornographic websites. Importantly, research published last month on the viewing of online pornography by 16 and 17 year-olds states that

“pornography was much more frequently viewed on pornographic websites than on social media, showing how important the regulation of such sites remains”.

We need regulation to deal with pornographic websites and pornography on social media. That is why both Part 3 of the Digital Economy Act and the online harms Bill are so important. To use the fact that Part 3 does not deal with pornography on social media as a reason not to implement the legislation that we have already passed is quite absurd, especially as the draft Bill has not even started pre-legislative scrutiny. It will be at least three years, and probably four to five, by the time the online harms Act and its attendant legislation and regulator are ready to deliver—significantly longer than it would take to implement Part 3. Let us do it.

I welcome the fact that the Government have committed to work to

“identify whether there are actions that can be taken more quickly to protect children before the Online Safety Bill comes into effect”.

This is music to my ears. Without age verification now, preventing young people viewing pornography is like trying to get a drug addict off heroin while at the same time giving them heroin. We are in a place where we can take robust action in relation to pornographic websites immediately, as an interim measure, while we develop the best possible online harms Bill to address the growing social media challenge. Will the Government do so for the sake of our young people and take action to halt this scourge on society and young minds now?

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

2nd reading
Tuesday 15th June 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for her kind wishes—a year older and, hopefully, a year wiser in the company of your Lordships.

I am opening this debate from the Opposition Front Bench, and I am able to do so after a lifetime of working with young people, developing their skills and encouraging lifelong learning. In recent years I was able to use that experience as the local government education spokesperson for Wales, specifically with a skills agenda as the lead portfolio holder in the Cardiff capital region, which covers 52% of the Welsh population. The regional skills partnership showed me that, by working together with all interested parties, real progress could be made to promote strategic and collaborative decision-making. Representatives from business, further and higher education training providers and national and local government joined together to share their knowledge and understanding of the sectors they represented, to ensure the region was able to respond to a demand-led approach to developing skills and talent. The lack of that level of shared collaboration across all sectors is a significant area of concern on the face of the Bill as it stands.

While wholesale changes to the way we support FE skills, adult learning and part-time HE are long overdue, this Bill remains inadequate to tackle the scale of the skills challenges that have resulted from years of neglect and austerity, exacerbated by the pandemic. As furlough ends, no community will be untouched by unemployment. It is vital, therefore, that a joined-up, place-based employment, skills and careers system offers adults and young people the recovery they deserve, by providing access to quality education and training opportunities. A range of choices and opportunities should be central to any reform, and changes to the post-16 education system should allow for progression and pathways between technical education, apprenticeships and existing further and higher education qualifications.

Among others, local government has an important role. Councils have direct functions to plan post-16 skills, support young people with specific needs and deliver adult and community learning and other related functions. Mayoral combined authorities have devolved responsibility for the adult education budget, which they have used to reshape the local further education offer, working with employers, FE providers and constituent local authorities.

There is, however, an overt emphasis in the Bill on an employer-led approach to develop local skills improvement plans alongside training providers. We offer that MCAs and local authorities should be strategic partners—and on the face of the Bill. Their wide-ranging knowledge and expertise on this agenda are currently missing, and we will be seeking amendments to develop collaboration, away from the overarching employer-led approach that currently dominates.

Therefore, can the Minister explain why metro mayors and combined authorities, many of which have democratic accountability for local skills and economic regeneration, have been excluded? How do the Government envisage LSIPs relating to existing local and regional economic strategies, especially where funding may be directly linked to delivery against them? And why are local enterprise partnerships not covered in the Bill?

Furthermore, the Bill does not provide support for any qualifications below level 3, despite lower-level qualifications offering many adult learners key progression routes. Nor does it support subjects outside a narrow band of technical disciplines. Labour is concerned that nearly 1 million priority jobs will be excluded from the LSG in sectors facing a skills shortage.

The Bill also appears to omit reskilling and second level 3 qualifications. So can the Minister confirm that the LSG does not cover subsequent level 3 courses? Does she agree that all adults should be eligible for retraining, given the impact of the pandemic and changing market needs? Is it not now time that the Government put the LSG on a statutory footing?

We are concerned that the detail of the lifetime loan entitlement is yet to be confirmed. It appears that it will only cover tuition costs for higher-tuition courses. Labour believes the system of loans, and in particular means-tested grants, should be extended to support adult learners’ living costs, and that universal credit conditions should be reformed so that the people who would benefit from attending college or accessing training while unemployed or in part-time employment do not lose out.

The planned introduction of the LSG in 2024 and the LLE in 2025 should also be brought forward by several years. Can the Minister assure the House that the Government will introduce these LLE amendments in Committee and ensure that they are not tabled at the 11th hour?

There is concern that many adults will be unable to take advantage of the opportunity to gain level 3 qualifications if they lack a level 2 qualification. The Bill omits the value of qualifications below level 3 in creating progression pathways for students. Recent Department for Education data has shown the return on investment of these qualifications and concluded that the present net value of qualifications below level 2 is higher than for level 3.

Another clear omission is funding for adult learners to take a second level 3 qualification. Many adult learners will have achieved their first level 3 many years ago and may have used it to pursue a career that is no longer viable. With the economic turmoil that has come from this pandemic, many adults will want and need to reskill rather than upskill—to switch sectors and enter new careers. Support for second level 3 qualifications could facilitate this.

Every area in the UK needs a mix of provision specific to their local context—to their community and sub-economy. However, the Bill is not explicit in certain features of the LSIP, including what constitutes “local”. Is it a specified area, or is the scope of further education provision included? Does the Minister believe that the definition of “local need” should incorporate a broad range of outcomes related to health and well-being, community participation and other social and economic outcomes that can be linked to community adult learning?

The Bill does provide for a statutory basis for LSIPs, with the Secretary of State gaining powers to designate employer representative bodies. I am pleased to see that he is here to hear it directly from me. But we are concerned that the Government’s desire for employers to take the lead in skill reform lacks clear structure and transparency and will render providers passive recipients of LSIPs. We will seek to amend the Bill to empower metro mayors and combined authorities to coproduce the plans, in recognition of the crucial they have to play.

We will seek to extend LSIP consultation to student representatives, trade unions, local and devolved government and other relevant agencies. We also intend to probe further how ERBs will be held to democratic accountability and the degree to which providers meet local needs. We are concerned that the Secretary of State has the power to select or sack ERBs, sign off on all LSIPs, dictate whether colleges fulfil these requirements, and to merge or replace colleges without recourse to local circumstances. The first port of call for approving local plans and remedying poor local performance should be local and not the centralisation of taking back control to Westminster. The Secretary of State’s powers must be narrowed to apply only in clearly defined, exceptional circumstances.

The Bill gives the Institute for Apprenticeships and Technical Education—a non-departmental public body directly accountable to Ministers—the ultimate sign-off power for the approval and regulation of technical qualifications. We are concerned that this handing back, day to day, of political control of technical qualification regulation would undermine the independent status of Ofqual and risk a cumbersome new dual regulatory approval system. We will seek to amend the Bill to ensure that Ofqual remains the sole body.

We further believe that the failure to link this Bill to the apprenticeship levy is a missed opportunity, given that the underspend could be used to provide quality training, education or employment opportunities. It is especially disappointing that supported internships, which can play a huge role in supporting learners with learning difficulties to prepare for and enter the world of work, are missing from the Bill.

We urge the Government, in tandem with the introduction of the Bill, to prepare and publish a cross-departmental 10-year national strategy for education and skills to deliver on a wide policy agenda. Consultation must be wide so that the strategy and oversight of meaningful collaboration, as I outlined at the beginning, can be carried forward towards a better tomorrow for the people who have done so much during this past year to demonstrate the dependence we have on their skills and their hard work in running our services and industries.