Skills and Post-16 Education Bill [HL]

Lord Aberdare Excerpts

Committee stage
Wednesday 21st July 2021 Lords Chamber

Can the Minister give us an idea of how regularly they are doing this? It should not be the case that they have a look occasionally when something goes wrong or is dragged to them. That really will mean that you have this horrible process of trying to dig out why something has gone wrong, being given an example, saying, “Oh, really? It’s been there a while”, and then coming back to it. Some way of doing what is suggested in this amendment on a regular basis without requiring politicians to dive in, jump up and down and cause the Government to have a look—all Governments have been guilty of this—is what I would like to come out of this, because it addresses a real and ongoing problem.

[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.

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[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I shall speak to Amendment 90C in my name. I apologise to the Committee that this is a rather late arrival and very large in scope. It arose from reflections on the earlier stages of the Committee’s deliberations about the narrow focus of the contributors to local skills improvement plans, particularly existing employers who are likely to be larger employers. As I listened to that debate, I was forced to reflect on how very old-fashioned and mid-20th century it all felt, even as we were talking about trying to get a wider range of the self-employed and others into the development plans.

We were talking about getting qualifications for work in a very direct, obvious way. Of course, for many roles in society that may still be the case. Brain surgeons inevitably spring to mind—pun unintended—here, but also if you are likely to be, say, a technician maintaining a complicated piece of medical technology, a Passivhaus qualified building designer or a permaculture garden planner, you may go directly to a course and get the job that follows on, but most jobs are not like that, even if we are thinking of this Bill as being only about employment. Most jobs and most lives require a range of technical and soft skills acquired by a mixture of education, training, employment and life experience.

I draw here the example of someone I know from the Green Party—I am going to anonymise this because I did not check with them about using it. They started as a volunteer with a set of technical skills—design skills for leaflets and graphics—but through their voluntary involvement they were drawn into the management of volunteers, fund-raising, administration and management. That eventually led that person into a very different professional job using all those skills. That is what life is like now in employment and well beyond.

On the community side of this amendment, particularly following a decade of austerity, many provisions and services in communities are now provided by volunteers. In the interests of politics, I shall park that to one side while I think about it, but the fact is that often volunteer-run, volunteer-led and voluntarily provided services need people with skills, and with the increasing pension age and the high levels of employment for women, many of the traditional sources of volunteer skills have been closed off. Having been at the centre of a wide range of community groups in some very different communities, I know how deprived, disadvantaged communities, which exist in central London as much as in the north of England, may not have those skills and urgently need them and need local skills providers to be able to help with them.

It is not my intention to press this amendment at this stage. It is a small gesture towards making the Bill about something more comprehensive: skills for life. I hope that the Government will reflect before we reach Report on their approach to the Bill and its very narrow, outdated view of the dividing line between life skills and employment skills, as though they are two separate categories.

My list—I agree that it is somewhat scattergun—includes parenting, which is a skill. One might perhaps include child and older care because those are roles that all of us may well have to fulfil at some stage. Budgeting reflects what we often hear in your Lordships’ House about the need for financial literacy in our increasingly complex world. Mental and physical first aid and practical skills in gardening and maintenance are things that people need in their lives. The last two sections of this amendment—community organising and community participation—focus on the idea of people as part of a community, as all of us are. It is not my intention to press this amendment, but I look forward to the discussion and the Minister’s response. I hope it will be fruitful.

[Lord Aberdare (CB)]

My Lords, it has always seemed odd to me that so many of us complete our education with extensive knowledge of maths, English language and literature, history, languages, the sciences and other academic subjects—in my case including Latin and Greek, much to my benefit—but with few, if any, of the skills listed in Amendment 90C from the noble Baroness, Lady Bennett, nor other rather fundamental skills such as cooking and household maintenance, generic skills such as communications, teamwork and self-presentation, or even typing and map-reading, which may still prove to be not entirely redundant, despite the impact of technology. Yet these are all valuable life skills that schools should be well placed to teach.

One of the skills listed in the amendment, first aid, could even be a matter of life and death. The figures I have, which may not be wholly up to date, indicate that 60,000 people suffer cardiac arrests out of hospital every year in the UK. Almost half of those that occur in public places are witnessed by bystanders, not infrequently children. With every minute that passes, their chances of survival decrease by about 10%, so teaching children quite straightforward first aid techniques at school, such as how to give CPR or use a defibrillator, can literally save lives, as well as being fun for the learners. The many countries in which such teaching is compulsory have significantly better survival rates from shockable cardiac arrest than the UK—as high as 52% in Norway, for example, against 2% to 12% in the UK, depending on where you live.

I will not labour this specific hobby-horse of mine, except to say that, in my view, it is just one of many strong arguments in support of the need for an assessment of current gaps in the teaching of non-academic but highly valuable life skills and how those gaps might be addressed, as suggested in Amendment 90C. I look forward to the Minister’s comments on how that might be achieved.

[Lord Watson of Invergowrie (Lab)]

My Lords, we are very much in favour of Amendment 90C. I endorse the remarks of the noble Baroness, Lady Bennett, in moving it and those of the noble Lord, Lord Aberdare.

The life skills set out in the amendment are all essential building blocks in a developed, compassionate and forward-looking society. Many of these categories would fall under the heading of “social solidarity”, a concept that is, I have to say, anathema to many in the Conservative Party who still hold to the infamous, and utterly fatuous, claim by Prime Minister Thatcher that

“there’s no such thing as society.”

If the past 17 months show us anything, they have graphically described how society has pulled together in ways that perhaps we have not seen before out of wartime. I should make it clear that I have seen no evidence that either of the noble Baronesses looking after this Bill fall under that heading, and I am perfectly happy to do so.

Not to accept that these life skills are necessary in ensuring that there are as few local skills gaps as possible once the locals skills improvement partnerships are developed would be, at best, to leave the Ministers open to the charge that they do not attach sufficient importance to them. In reply, the Minister will no doubt say they are unnecessary, but I believe that what this Government regard as necessary does not correspond with what most people have a right to expect in a civilised, advanced society.

Sadly, yesterday provided the latest example of that, with proposals for severe cuts to arts and creative subjects in higher education confirmed by the Office for Students. The Government claim that they want to redirect funding for high-cost STEM subjects, as well as medicine and healthcare. Nobody is denying that these are important subjects—indeed, priority subjects—but that does not mean that arts and culture subjects are not important themselves. They should not be abandoned.

Almost one in eight businesses are creative businesses. Some 2 million jobs in the UK as a whole are in the creative sector, worth a staggering total of £111 billion a year to the economy, and yet this Government of philistines are prepared to ignore those huge numbers and to seriously undermine the creative industries, which include much more than the arts—themselves a form of social solidarity, of course. Yes, film, TV, animation, video games, children’s TV, theatres, museums and orchestras are all included, but so too are advertising and marketing, design, graphic products, fashion, architecture and much more.

The damaging cuts will halve the high-cost funding subsidy for creative and arts university subjects—not next year but as soon as September this year, at the start of the new academic term. That is likely to threaten the viability of arts courses in universities and lead to possible closures, which may well be the Government’s ultimate aim. The universities most vulnerable are those with a higher number of less well-off students, so this will deny young people the kind of opportunities that my noble friend Lady Wilcox mentioned during the last debate.

The attack on culture seems to be just the latest example of the Government’s rather pathetic culture war strategy over recent months. I cannot imagine that the Minister, the noble Baroness, Lady Penn, as someone who served at the heart of Theresa May’s Government, would countenance such deliberately divisive nonsense.

The Bill should oblige local skills improvement partnerships to consider the role played by the creative industries locally and ensure that they are central to skills development plans. Equally, they should cover the life skills specified in the amendment. For that reason, we are fully in support, and I look forward to hearing the Minister’s reply.

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

The noble Baroness, Lady Greengross, has withdrawn, so I call the noble Lord, Lord Aberdare.

[Lord Aberdare (CB)]

My Lords, this broad group covers many of the crucial features of the lifelong learning entitlement. I will confine my remarks to Amendments 92 and 95, covering the availability of the entitlement and learners’ eligibility for it. The lifelong loan entitlement and the lifetime skills guarantee are absolutely at the heart of this Bill and the framework it seeks to create. To achieve the more highly skilled, productive and ambitious nation that we seek, people—not just some people, but all people—need to know that there are great opportunities available to them, whether they desire new skills, higher skills or refreshed skills, and they need to know how to find out how to pursue them. That is where careers information and guidance come in and why they need to be properly covered in the Bill.

People also need to know that the training and educational routes to acquiring the skills to grasp those opportunities are realistically open to them, without undue or unreasonable restrictions or conditions. That is what will generate the enthusiasm and the actual take-up, so that the skills policy and the ambitions behind the Bill achieve the outcomes they deserve. Both the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Addington, have mentioned incentivising learners to encourage them to take part, which may not need to be in the Bill itself but needs to be a central part of the strategy.

If I have always nursed the desire to retrain as a bookbinder—or perhaps as a graphic designer, as in the example of the noble Lord, Lord Johnson, also a classicist—but I find that loans are available only for specific skills not including bookbinding, or that they do not apply to my age group, or do not include any allowance for living expenses I might need, or are not available to me because I already have an equivalent-level qualification, or are ruled out for other reasons, I may well decide to drop the whole idea as an unrealisable or impractical aspiration. If I get the impression from the outset that there are likely to be such barriers or limitations to accessing the entitlement, I will probably not pursue it at all. But if the lifelong loan entitlement actually means what it says, it could unleash a wave of energy and creativity, as people embrace it to expand their skills and pursue their goals—and indeed their dreams. The suggestion of noble Lord, Lord Johnson, of a proper economic assessment, with that in mind, of the ELQ requirement and the limitations on creative and arts funding, would be very welcome.

The lifelong loan entitlement and the lifetime skills guarantee—LLE and LSG—should be the twin banners for a skills revolution, or a skills crusade, not just sets of rules, regulations and legislation setting limits on training availability. So I enthusiastically endorse Amendment 92 in the names of the noble Lord, Lord Johnson, and the noble Baroness, Lady Garden, and the somewhat similar Amendment 95 in the names of the noble Lord, Lord Watson, the noble Baroness, Lady Bennett, and, again, the noble Baroness, Lady Garden, in their aims to establish a truly all-embracing and inspiring entitlement with a minimum of limitations, driven, above all, by learner aspiration, enthusiasm and desire. The LLE and the LSG together offer a real chance to make education and skills exciting and exhilarating, as they should be. I hope the Government will take that chance, even if not by accepting these amendments.

I wish the Government every success in making progress with this important Bill and with the strategy underlying it. Since this will be my last contribution in Committee, I would like to commend both Ministers—the noble Baronesses, Lady Berridge and Lady Penn—on their contribution to this Committee. I wish them an enjoyable and, I hope, restful—though possibly not, in the case of the noble Baroness, Lady Penn—and very happy recess before we get to grips with the Bill again.

[Baroness Sherlock (Lab) [V]]

My Lords, we have had some really interesting speeches in this group already, but I am afraid that this is the end of that trend. I am merely going to talk about the government amendments, and my noble friend Lord Watson will cover the interesting bits at the end.

They government amendments represent some of the wiring in the basement of higher education that are going to be needed when the Government unveil their renovation plans in the form of the detail of the lifelong loan entitlement. The Minister moved the government amendments in just over two minutes. I want to unpack them a little, so we can understand their potential implications. I confess I may have a suspicious nature, although I am encouraged, having heard the contribution from the noble Lord, Lord Johnson, that I am not alone in that.

Currently, the different bits of legislation that frame the regulation and funding of higher education are predicated on the unit of education being a course made up of academic years. The Teaching and Higher Education Act 1998—THEA—governs which HE courses attract funding via the student loan system, by referring to the Education Reform Act 1988, while HERA governs which bits of HE are regulated by the Office for Students and are subject to fee limits and more besides. But of course the lifelong loan entitlement is intended to cover not just university degree courses but courses and modules in further and higher education. To make that possible, Clauses 14 amends the regulation-making powers in THEA to allow for the funding of courses in FE and modules in FE and HE, to set a lifetime funding limit, and to allow for funding based not only on the academic year.

The Minister explained that Clause 15 amends the definition of a higher education course in HERA to make it clear that the regulatory regime applies to modules of courses. The way it does that is to say that an HE course is either a course mentioned in Schedule 6 to the Education Reform Act 1988 or a module of such a course, whether or not undertaken as part of such a course. So a course is either a course or a part of a course—I confess I wrestled for a bit with whether a thing could be itself or part of itself. But then government Amendment 91C now distinguishes between a full course and a module for the purposes of HERA. A full course means a higher education course that is not a module of another higher education course. A module is a module of a full course, but which is undertaken otherwise than as part of those courses.

I know, on the face of it, that that sounds like a circular definition, but I have decided the only way I can understand it is as a set of Russian dolls: a smaller Russian doll counts as a module if she fits inside a bigger one and is a part of that set; an identical Russian doll that is not part of a set at all would not be a module; and a full course is the biggest Russian doll which does not fit inside any other Russian doll. I am grateful to the Minister for giving me access to some very clever and kind officials to help me try to understand this regulation—although I should say that their language was rather more precise, and there was no mention of dolls. I hope she can tell me whether I have got that right.

Why does it matter? I think that is up to the Minister to tell us. On access to student finance, can the Minister confirm whether this means that a module can be funded only via the student loan book if it is part of a full HE course? Is it right that the student does not have to be registered for that course, or indeed any course, while taking the module? Could I, say, draw on my lifelong loan entitlement to take the “Introduction to Christian ethics” module, which is part of a theology degree at Lindchester University, without being registered for that degree, or indeed any degree? If so, that raises another question. Modular degrees generally have a limited number of pathways that can be taken through them to reach a qualification, in order to ensure there is a coherence to a degree and that certain essentials are covered. Could a student take a series of modules, each of which is part of a full course but which taken together will never add up to a full course, and therefore could never lead to a qualification?

Do the Government intend to prescribe the size or shape of a module further, either for funding or regulatory purposes? There are lots of modules around: short, intensive modules and long, less intensive modules; modules worth 10 credits and others worth 15 or 20; and modules at level 4, level 5 and level 6. Clause 14 provides that two or more modules can count as a single module—for the purposes, I presume, of student finance. Is that a hint that the Government may want to set a minimum credit value that will be eligible for support under the loan? If the centre gets too stuck into defining what a module is, does it not risk both the autonomy and, crucially, the flexibility of providers—maybe even getting in the way of the innovation the Government say they want?

There are so many more questions that need answering, about choice, compatibility, comparability, funding and lots more. I suspect the Minister will say we need to wait until she brings forward more amendments on Report, but there is one matter she needs to address today: the changes these amendments would make to the powers of the Office for Students. By switching the unit of HE from just a course to either a full course or a module, these amendments would empower Ministers at a later date to allow funding for modules. But it seems to me that they immediately allow the Office for Students to regulate at the level of a module as well as a course. Amendment 91B does place some limits on that by saying, for example, that the OfS cannot request information on modules more often than courses. It also means that the OfS is not obliged to publish information on fee limits for modules, as it is for courses.

But can the Minister tell the Committee if the effect of these amendments is that the unit of higher education can be a module for the purposes of regulation? What will that mean for the way the OfS regulates quality in higher education? Currently its key metrics are student continuation rates, completion rates and progression to managerial and professional jobs. How does that work for modules? If a student takes modules at several different providers, who is responsible for her outcome? Is it the last one she happened to stop at?