Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [HL]

Debate between Baroness Smith of Malvern and Lord Aberdare

Report stage
Wednesday 5th February 2025 Lords Chamber

[Lord Aberdare (CB)]

My Lords, I support both the amendments in the name of the noble Baroness. Lady Barran. I will try to keep my remarks brief about Skills England, the aims of which I think we all support, and which are crucial to the Government’s growth strategy and missions, the industrial strategy and all the things we would like to happen. Above all, it must pull together. The Government have talked about a post-16 education and skills strategy, and I assume that Skills England will be at the heart of that.

In order for that to work, Skills England will need to be co-ordinating skills policies and activities across government departments, because every government department needs skills and has shortages; across regions, local areas and nationally, including the devolved nations; across industry sectors; and across policy priorities. The “state of the nation” was probably the wrong phrase: what I am really looking for is, “What difference have we actually made at Skills England in tackling the very real problems that we all recognise in the skills area?” That will happen only if someone is ensuring consistency and synergy between all the complex elements involved—no doubt with a strong need for consensus-building, if not actual knocking of heads together. This lion needs not just to roar, but to have a few teeth. Whether or not it is a statutory body, it should at least have the right authority and powers, and the right chair and CEO. It is disappointing that we do not know who the chair is going to be, although I know the Minister was hoping to be able to let us know before Report.

The Minister mentioned some of the other executive agencies, and it seems to me that none of those—the Met Office or the DVLA—has the breadth of roles, responsibilities and relationships that this body needs to have. Of course, while it is doing that, it has to undertake the practical functions, transferred from IfATE, of preparing standards and apprenticeship assessment plans. It would help if the Government had some time to concentrate on getting Skills England up to speed in all those areas, so that it can build on its encouraging first report and get on with sorting those things out before the IfATE transfer completely overwhelms its capacity. For those reasons, I support Amendment 15, in particular, and will support the noble Baroness if she decides to push it to a vote.

[Baroness Smith of Malvern (Lab)]

My Lords, establishing Skills England is a manifesto commitment. The Prime Minister announced the creation of Skills England in July last year. He set out the Government’s approach to delivering our growth and opportunity missions in the Plan for Change. This change is already under way, and Skills England’s creation is a key part of that change. I set out in the second group of amendments the need for the Government to respond urgently to critical issues within the skills system by establishing Skills England.

For too long, the skills system has not provided enough young people with the right pathways through education and into employment; it has not responded to some of the issues outlined by the noble Baroness, Lady Wolf; and it has not provided sufficient roaring or teeth, in order to make sure that we are addressing the need for our skills structures to boost skills, productivity and opportunity. That is why, in Skills England, we are bringing coherence to the skills system, combining new functions with improvements to existing ones.

On the points made about the delay in bringing IfATE’s functions into Skills England, the point of Skills England is that it will enable us to build on the work of IfATE, which, during Committee, I have commended. I have said that I think that really important work has been done there, as outlined by the noble Baroness, Lady Wolf, bringing employers into the heart of developing standards and apprenticeships. Nevertheless, the function of IfATE has been narrower than the challenge of skills development now needs. We will be building on the work of IfATE, but putting it in the context of a much larger and more significant organisation that will be able to identify where the gaps are in our skills system; that will be able to work alongside employers, trade unions, providers, local government, the mayoral authorities and others to identify where those gaps are; but that will look to where those gaps will be in the future, and use the functions transferred from IfATE to develop the technical education and apprenticeships to help fill those gaps. It is really important that those two functions operate together.

With Skills England, we are not starting from scratch here, as I have frequently emphasised: Skills England is already operational in shadow form and doing that important work to identify skills gaps. As I spoke about at some length in the previous group, our belief is that the executive agency model for Skills England is the best fit to enable it to get fully operational as soon as possible.

The amendments in this group would, I am afraid, delay the establishment of Skills England. I understand the points being made, but I am more confident about and more ambitious for the speed with which we can move than other noble Lords. On the point made by the noble Baroness, Lady Barran, this is not simply a policy statement; Skills England already exists in shadow form and is engaging with employers. It is already advising the Government and publishing its state of the nation analysis, and it will be facilitated to do that through the bringing across of the functions currently vested in IfATE.

Amendment 9 would impose a requirement on the Secretary of State to establish Skills England as a statutory body with a separate legal identity. I might be being picky but, to come back to the description by the noble Lord, Lord Storey, and others of Skills England being absorbed within the department, I have gone to some lengths to explain the nature of the arm’s-length body that we are setting up in Skills England as an executive agency and the way it will operate, appropriately independently from the department while still being close enough to feed into important policy developments.

Vocational Training

Debate between Baroness Smith of Malvern and Lord Aberdare

Monday 9th December 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The right reverend Prelate is right about some of the opportunities available to 14 to 16 year-olds in our excellent FE colleges. I was not clear about the particular inequality that he is talking about. It is of course the responsibility of local authorities to ensure that students have the school transport that they need to enable them to complete their education. I did not think there was a discrepancy between institutions in the way the right reverend Prelate outlines. I will take certainly that away and perhaps come back to him with some more information about it.

[Lord Aberdare (CB)]

My Lords, further to the question from the noble Baroness, Lady Garden, how will the Government ensure that there are clearer pathways for young people who do not aspire to university, but seek to develop vocational or technical skills for careers, including in the construction sector? How will they address the critical shortages of skilled tradespeople such as bricklayers, without whom plans to build 1.5 million homes in the next five years are simply not achievable?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right that we need to improve the careers advice available to young people in our schools. That is why this Government are investing in it and in the expert advisers who deliver it. He is right about construction skills; we need the excellent contribution of our FE colleges. For example, the £140 million that we announced two or three weeks ago will, through the Construction Industry Training Board and the National House Building Council, contribute to the development of skills hubs that link to large housing developments. This is precisely to ensure that we have the skilled tradespeople we need to deliver the Government’s important target to build 1.5 million new homes during this Parliament.

Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [HL]

Debate between Baroness Smith of Malvern and Lord Aberdare

Committee stage
Tuesday 26th November 2024 Grand Committee

[Lord Aberdare (CB)]

My Lords, the Minister has made many encouraging statements about how the system will work. I still do not entirely understand why none of this can be in the Bill and why we are totally reliant, it seems, on the Secretary of State for Education as the only point of accountability to Parliament or indeed anybody else. It seems that something is missing here in terms of how Parliament in particular can hold Skills England to account.

[Baroness Smith of Malvern (Lab)]

I went on at some length in my response to the previous set of amendments to spell out what the accountability mechanisms to both the public and Parliament will be for Skills England, both directly in its publication of an annual report and, via the sponsoring department, to Parliament. In respect of specific amendments, the concern is that what we are trying to do here is create a strategic body that brings together the data analysis and insights with the ability then to inform efficiently, effectively and agilely—if that is the proper word—the development of occupational standards, assessment plans and the technical qualifications that employers tell us they need. Creating legislative requirements in advance of it being able to do so will, the Government believe, limit that flexibility, when we really intend to improve it. That is one of the criticisms that employers have made of the current IfATE process.

Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [HL]

Debate between Baroness Smith of Malvern and Lord Aberdare

Committee stage
Thursday 21st November 2024 Grand Committee

[Baroness Smith of Malvern (Lab)]

I will be delighted to, and I was coming to that.

Before I do that, I note the comments of the noble Baroness, Lady McGregor-Smith, and repeat from Second Reading my gratitude for her contribution to the development of IfATE. I recognise her point about what is necessary to get employer engagement in some of the detailed work that IfATE has been engaged in and that will be transferred under this legislation to Skills England. She is absolutely right about that; it needs consistent work. But it also needs, as employers have told us, appropriate flexibility and agility to enable those standards to be developed in a way that reflects changing developments and does not put too onerous a responsibility on employers in terms of their engagement.

Let us be clear that the default position will remain that a self-forming group of persons will prepare a standard. It is probably worth noting that this definition of “a group of persons” also legislatively guided IfATE in its engagement on occupational standards and apprenticeship assessment schemes. Our proposals do not weaken legislatively the engagement of employers. When a group does not convene itself to prepare a standard for an occupation which the Secretary of State is satisfied requires a standard, the Secretary of State may convene a group to prepare one. In both circumstances, we would expect that such a group would normally, but not exclusively, include employers that are representative of that occupation. Only when the Secretary of State is satisfied that it is more appropriate for them to prepare a standard than for a group of persons will the Secretary of State then do so.

To come to the noble Baroness’s point, scenarios in which it may be appropriate for the Secretary of State to use this power to prepare a standard are those where using a group would be disproportionately onerous for employers or other stakeholders; unnecessary because only minor adjustments or revisions were required; or where it could create undue delays. This might include—I say for illustrative purposes—updating standards to align with changes to mandatory qualifications within the standard; creating or updating standards to align with industry-recognised qualifications or statutory requirements; or creating or updating standards more efficiently where employers do not have the capacity. We envisage that the Secretary of State may also use the power to create and update standards for emerging or rapidly developing occupations, such as those in the digital sector. The clause also enables the Secretary of State to ensure that standards are developed or updated quickly to respond to acute skills needs or urgent regulatory changes required in an emergency, such as the updates to the level 3 community fire safety adviser following the Grenfell disaster.

Finally, employers themselves tell us that current processes for preparing standards can feel slow, bureaucratic and time-consuming. This is not a criticism of IfATE; it is a criticism of a requirement currently in legislation that we want to use this opportunity to make more flexible. It is a barrier to their engagement. We want to focus their input where it has the most impact.

[Lord Aberdare (CB)]

Those are all reasonable grounds for using the power, but there is nothing in the Bill that says that the default is a group of persons or that those are the kinds of circumstances in which the Secretary of State might take the power. There is nothing in the Bill that reassures employers that the powers would not be used unreasonably. There is nothing to stop them being used in any circumstances; nothing says that using a group would have to be disproportionately onerous, or indeed what the definition of “disproportionate” or “undue delays” is. In one sense, I am reassured, but in another, I do not see why there cannot be something in the Bill that lays it out a bit more clearly.

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

I thank noble Lords for their concise contributions on these amendments. As the noble Baroness, Lady Wolf, made clear, that does not undermine how important the nature of assessment is. I wholly agree with the noble Lord, Lord Addington, that the best chance of getting assessment right is by engaging appropriately at the right time.

On Clause 5, we are talking specifically about proposals regarding apprenticeship assessment plans and the transfer of the function from IfATE. Clause 5 amends the requirement for assessment plans to be prepared by a group of persons by making it subject to a power for the Secretary of State to prepare apprenticeship assessment plans if that is more appropriate. This will simplify the process for updating and creating assessment plans.

Noble Lords will recognise that our previous discussion also related to the use of groups of persons. We might find that some of the considerations are similar, but I assure the noble Lord, Lord Aberdare, that I will have a few different arguments in response to this, not least because the arguments for apprenticeship assessment are different to the arguments for standards. But the principle about agility and flexibility remains at the heart of this.

Where the intention behind Clause 4, which we have just discussed, is to provide the Secretary of State with greater flexibility in a minority of circumstances in respect of preparing occupational standards, here we are concerned with flexibility in respect of apprenticeship assessment plans. In both cases, our intention is for employers to have a continuing and vital role in the composition of groups of persons. In both cases, it is important, as I am setting out, for the Secretary of State to have some limited flexibility not to define the membership of the group in advance and not to have a group if it is not needed in a small number of cases.

The default position will be that an assessment plan will be prepared by a group of persons that has been approved for this purpose. Only when Skills England or the Secretary of State is satisfied that it is more appropriate for them to prepare an assessment plan, rather than a group of persons, will the Secretary of State do so. Scenarios in which it could be appropriate to consider the use of this power are where using a group would be disproportionate or create undue delay—I hear the point made by the noble Baroness, Lady McGregor-Smith, about the need for speed.

Scenarios could be, first, updating assessment plans to make adjustments that do not materially change the assessment or occupation competence of learners—for example, where they are aligned to deliver the competence required by a regulator, such as in regulated professions in the health sector. In such circumstances, using a group is unnecessary and burdensome because it is a reflection of updating that has happened in a regulated profession. The second scenario is creating assessment plans for emerging occupations, such as certain digital occupations. The third is creating or updating assessment plans where there are acute skills needs requiring an urgent response, and where there is a lack of capacity in the system to respond. Relying on a group in instances such as these can create undue delays and hinder responsiveness. Without this clause, changes to assessment plans to reflect straightforward adjustments would incur delays and require unnecessary time and resource.

I note Amendment 11 in the name of the noble Baroness, Lady Barran, which seeks to remove the power held by the Secretary of State to prepare an assessment plan if they are satisfied that it would be more appropriate for the plan to be prepared by them than by a group of persons. However, for the reasons I have outlined already, it is crucial that we respond to feedback from users of the system to make the process for developing apprenticeship assessment plans more agile.

Amendments 9 and 15 in the name of the noble Lord, Lord Aberdare, and Amendment 10 in the name of the noble Baroness, Lady Barran, seek to set criteria for membership of a group of persons and to name in legislation a particular type of person that must be included as part of a group of persons. In the discussions on Clause 4, we went through some of the arguments about the impact this would have in reducing flexibility. There are no existing statutory criteria for how a group is formed to prepare an apprenticeship assessment plan but, as I said previously, IfATE is under a duty to publish information about matters it will consider when deciding whether to approve groups of persons. That existing duty is being transferred to the Secretary of State unchanged.

When a group is convened, it is critical to consider who the experts are in the field in question. The noble Baroness, Lady Garden, correctly identified that the experts in assessment will not always be the same as the experts in developing an occupational standard—and, of course, this will vary from occupation to occupation. Employers play a prominent role and are well placed to define and describe occupational competence, but they do not always exclusively hold expertise about how apprenticeships are assessed, and other contributions may be valuable. It is important that there is the opportunity for groups of persons responsible for preparing apprenticeship assessment plans to reflect and draw on a broader range of expertise, such as in assessment methodologies, practical training delivery and costs.

Professional bodies, awarding organisations, providers, regulators and others with a background in assessment can be well placed to be involved in the development of an assessment plan. In new and emerging occupations or highly specialised occupations, such as digital, artificial intelligence and nuclear, it may be necessary to take a broad and creative look at who is best placed to be part of a group preparing an assessment plan. There are scenarios where it is unnecessary or disproportionate to rely on a group to create or update assessment plans. For example, attempts have been made to convene a suitable group to update the interior systems installer assessment plan for nearly a year. This has significantly delayed the commencement of necessary, time-sensitive revisions in the important construction and built environment industry—a sector that is critical to this economy.

Setting criteria would therefore create additional hurdles for, and potentially even prevent, groups being convened. This would further slow the development of assessment plans and risk employers and others losing confidence in the system and in our ability to meet acute skills needs. It is not in anyone’s interest, not least learners or employers, to incur such delays. That is why we are removing unnecessary barriers to simplify and speed up processes.

Amendment 12 in the name of the noble Lord, Lord Aberdare, would undo the intended flexibility and efficiency by placing a requirement on the Secretary of State to consult specific bodies when they have considered it more appropriate for them to prepare an assessment plan than to use a group. That also risks slowing progress when that body is unable to participate, and it risks giving unintended precedence to those bodies over others who may be well placed to determine how competence should be tested.

I should also note that we see no reason why Skills England would not continue the approach currently taken by IfATE whereby all new assessment plans and those that have undergone material revisions—whether prepared by a group of persons or the Secretary of State—are published online for comment by any interested parties before approval.

Amendment 14, in the name of the noble Baroness, Lady Barran, and Amendment 13, in the name of the noble Lord, Lord Aberdare, would establish a duty to set and publish criteria in relation to the preparation of an apprenticeship assessment plan by the Secretary of State. As I emphasised, we are improving the system in response to feedback from key partners. Employers, trade bodies and providers tell us that the processes for developing and reviewing assessment plans need more pace and agility to respond quickly to changing and future skills needs. They report that current processes can feel bureaucratic, drawn out and time consuming—all barriers to the expert engagement that we need from them and to the smooth operation of assessment for employers and learners.

Setting criteria that the Secretary of State would need to meet in order to prepare assessment plans—in the minority of circumstances when it is more appropriate to do so than using a group of persons—would restrict the Secretary of State’s ability to be responsive. It would be overly prescriptive and fly in the face of stakeholders telling us that processes need to be simpler. I hope I have set out the intentions behind Clause 5 and, for the reasons I have outlined, I hope that the noble Lord, Lord Aberdare, will feel able to withdraw his amendment.

[Lord Aberdare (CB)]

My Lords, I thank all noble Lords who have taken part on this group, particularly my noble friend Lady Wolf and the noble Baroness, Lady McGregor-Smith, who added some valuable points. I thank the Minister, who mostly but not entirely managed not to give me the impression that I had wandered into a Groundhog Day scenario—there were some additional points there, I was glad to see.

The Minister emphasised agility and flexibility as the advantages of the proposed system. This is probably something wrong with me, but I have an inherent unease about flexibility in the hands of Secretaries of State when compared with flexibility in the hands of an organisation with an independent statutory role. The noble Baroness, Lady McGregor-Smith, mentioned that agility might not be quite such a feature once it gets into the hands of the department. Also, there is a slight conflict with the point that my noble friend Lord Hampton made earlier: employers are looking for clarity, and there is a slight danger of clarity being obscured by too much flexibility. Of course, all these concerns reflect points raised with me and, no doubt, with others by employers about the way the new system might work in comparison with the existing one.

Having said all that, I will study all the contributions, including the detailed differences from the previous set of amendments. Meanwhile, I beg leave to withdraw the amendment.