Commonwealth Heads of Government Meeting and Philippines

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Monday 18th November 2013 Lords Chamber

[Lord Hill of Oareford]

My Lords, I certainly accept the point. The Prime Minister was very clear in his Statement that one cannot disassociate oneself from the awful history of Sri Lanka over the past 30 years and the history of bloodshed and civil strife that it has gone through. That having been said, I do not accept that the Prime Minister made his case to the President of Sri Lanka in an unbalanced way. There is quite a lot of contention around figures of the sort to which my noble friend refers. That is precisely why my right honourable friend the Prime Minister stressed the importance of having a credible transparent and independent inquiry to get to the bottom of what happened during the closing phases of the civil war and then addressing the situation so that it is possible on that basis to move forward with reconciliation to a shared understanding of what the future might be like. Until that has happened, it is very hard to work out how there can be reconciliation that will last.

[Lord Sutherland of Houndwood (CB)]

My Lords, it is clearly good that the Prime Minister’s visit to the north had the impact that it did in the wider world and among the Tamil community in the north. Will the Leader of the House tell us anything about how this was reported elsewhere in Sri Lanka, where perhaps sympathies were rather different? It is important that there is impact there as well.

[Lord Hill of Oareford]

I fear that I have not seen any other coverage of how it was reported in Sri Lanka. Obviously my friends at the Foreign Office and so on will have done. I am sure that they spend their days doing that and other productive things. Oh dear, I can feel that my briefing is now going to dry up on me.

On the point that some of the world’s press were able to go there, I saw the transcript of the press conference that my right honourable friend the Prime Minister gave on, I think, the Saturday morning, which had representatives of the press from both Sri Lanka and the rest of the world. That gave the opportunity for a wide range of people to report honestly and openly on what went on.

Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Monday 25th June 2012 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I am grateful to the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for their careful consideration of this order. Noble Lords will be aware that neither committee commented or thought that the House’s attention should be drawn to the order.

First, I shall give a little bit of history. Noble Lords will recall that it was as a result of concerns raised by Members of this House that we introduced a provision into the Education Act 2011 giving Ofqual new powers to impose financial penalties. That was against the backdrop of the errors in exam papers during last summer’s exam season. That power was commenced in May this year. It addresses the gap in Ofqual’s range of sanctions, as previously there was nothing between a power to direct and the ultimate sanction of withdrawing the awarding organisation’s recognition. This change brings Ofqual into line with similar regulators and is consistent with the Regulatory Enforcement and Sanctions Act 2008.

At the time, last year, the Government accepted the argument that a strong regulator needs a range of powers, including the ability to impose financial penalties. Fining is a flexible sanction which we expect to act as a deterrent to awarding organisations breaching regulatory requirements. In many circumstances it would provide a more proportionate response than the most severe sanction of withdrawing recognition. At the other end of the spectrum, as we have seen with other regulators, fines give a stronger public signal about the significance of the breach than giving a direction to take corrective action or public censure.

It is of course important that there should be limits on any fine. For that reason, we agreed that Ofqual’s power to fine should be subject to a cap of no more than 10% of the awarding organisation’s turnover. We also agreed that the definition of turnover for these purposes would be set out in an order made by the Secretary of State and subject to the affirmative procedure.

A wide range of awarding organisations operate in England: Ofqual currently recognises 179. They possess very different characteristics, including in relation to the way in which they derive income and the relationship between their regulated activity and any other activities that they undertake. In order to gauge the balance of views on this issue, we undertook a 12-week consultation on the draft statutory instrument, which ran from December to March this year. Parallel consultations were carried out by Ofqual and by the Welsh Government in respect of a similar power that has been introduced in Wales.

When we discussed this matter last year, I explained that it was our intention to define turnover in relation to activity that Ofqual regulates, rather than using a broader definition based on all an awarding organisation’s activity, which could include unregulated activity and activities beyond the United Kingdom. However, when it came to drafting the statutory instrument, it was clear that this would prove difficult to achieve, because in fact a number of awarding organisations have no income from regulated activity. Sticking to our original proposals would have resulted in those awarding organisations being able to operate without threat of this sanction. That could have led, for example, to an awarding organisation that charges for proprietary qualifications being treated differently from an employer awarding body that awards its own, very similar, qualifications to its employees without charging. For that reason, we consulted on an order that defined turnover in relation to all an awarding organisation’s activity in the United Kingdom.

The 35 responses that we received to the consultation were broadly in favour of the power to fine in principle, of the geographical scope of the power and of the proposal to calculate turnover on the basis of a business year. However, concerns were expressed over the inclusion of all income in the definition of turnover, rather than limiting the definition to income from regulated activity.

We understand the concerns of both large organisations and small charities, especially those that generate none or very little income from regulated activity. We have considered those concerns carefully and looked at a number of different options, including one proposed by Pearson that we should adopt a two-tiered approach, using one definition based on regulated activity where appropriate and a second based on all activity when an organisation does not derive income from regulated activity.

Set against these concerns, we have had to take account of the importance of establishing a regulatory regime that is simple, fair and consistent in its treatment of awarding organisations. Having considered the alternative options, we were not persuaded that any of them met this test. We think that calculating turnover must be done in a way that treats all awarding organisations equally. As the scope of regulated activity is narrow, being concerned only with the award or authentication of qualifications to which Part 7 of the ASCL Act applies, income from related activity, such as the publication of textbooks, would have been excluded from any definition that uses regulated activity as its basis. A differential approach could therefore have the effect of limiting the exposure of an awarding organisation that derives income from regulated activity, while placing no such limits on one that does not.

The order that is before us for consideration today defines turnover in relation to all of an awarding organisation’s activity in the United Kingdom. That approach mirrors the one already agreed by Welsh Ministers, following consultation and debate. If agreed by Parliament, this order will provide a consistent framework for awarding organisations operating across England, Wales and Northern Ireland. That matter was important for respondents to the consultation.

Alongside the consultation on the statutory instrument, Ofqual consulted on its policy on fining. That policy was published in May and makes clear the factors that Ofqual will consider in determining whether an awarding organisation should be subject to a fine. It will consider the harm done and whether a fine is likely to improve compliance with regulatory conditions in the future. It will also consider whether another regulatory body, such as the Welsh Government, has already imposed a financial sanction in relation to the breach.

Having decided that a fine is appropriate, Ofqual will take account of a range of factors in determining the amount of that fine, to ensure that it represents a proportionate penalty. This includes the likely impact of the fine on the awarding organisation’s provision of regulated qualifications and its turnover from regulated activities in relation to its total turnover, to avoid a disproportionate impact on awarding organisations with multiple business interests. Ofqual is required to give notice of its intention to fine, setting out reasons, and then to have regard to any representations received in response. Should Ofqual decide following any such representations to confirm the fine, the awarding organisation has a right of appeal to the First-tier Tribunal. Appeals may be made on the basis of the imposition of the fine and on the level of the fine imposed. While the independent appeals arrangements are in train, any fine is suspended.

There is no financial incentive for Ofqual to impose a monetary penalty. All money received in the payment of a fine will be paid into the Government’s Consolidated Fund. The definition set out in the order allows Ofqual to have a flexible monetary penalty policy that can take into account the diverse nature of the qualifications market. We set out to define turnover in a way that is fair, transparent, relatively easy to administer and consistent with the approach taken by the Welsh regulator. I believe that that is what we have done. I also believe that Ofqual’s commitment to act in a way that is proportionate, accountable, consistent, transparent and targeted, and the safeguards that are in place, should reassure awarding organisations that the fining power will be used proportionately and appropriately. I therefore commend this order to the Committee.

[Lord Sutherland of Houndwood]

My Lords, I support the order and commend the Government for bringing such a sensible conclusion to a complex inquiry. In doing so, I declare an interest as being currently and for the next month chair of one of the bodies mentioned in the supporting papers, the Associated Board of the Royal Schools of Music. I mention that body also to illustrate how complex the measure is, because it probably means that the department, or certainly Ofqual, would have to check reasonably regularly that the way in which it had constructed the annual turnover figure was accurate. The figures for ABRSM given in the supporting paper show the turnover as being just over £31 million, which was probably the figure for two years ago. That turnover is based not simply on the 300,000 candidates in this country but on 300,000 candidates overseas and shows the complexity involved in determining turnover for activity in the UK. I know that it is simply an illustrative figure in an illustrative paper, but it makes the point that there would have to be accurate checks and agreement with the organisations in question. I do not think that the eventuality will arise, but, if it did, one would need to know in advance on what figure the 10% cap was based. Another slight complexity, again illustrated by the case of ABRSM, is that the figures are to be examined in Scotland as well as in the other three jurisdictions named in the paper. I am not sure whether that makes a difference, but it is the kind of detail that should be checked out. However, I support warmly the direction in which we are now moving.

Schools: Careers Advisers

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Tuesday 22nd May 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, I agree with my noble friend. That is why we have rapidly been increasing the number of apprenticeships for under-18s and over-18s. The best support that one can give to children to prepare for a career is a decent education. That is why our focus is on what goes on in schools before they are 16 because careers advice, however good it is, cannot compensate if there is a basic deficiency in the education that has been provided.

[Lord Sutherland of Houndwood]

My Lords, in agreeing with the Minister’s last remark—

Education Bill

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Wednesday 14th September 2011 Grand Committee

[Lord Sutherland of Houndwood]

Will the Minister clarify a point for me on this? The amendments have been presented, quite appropriately, as a matter of protecting the conditions of work of staff. That I understand, and naturally I support it very warmly, but I am also concerned about protecting the conditions of learning for pupils in these schools. Will exemption from inspection attach to some of these schools with a fairly high proportion of reserved teaching places? If that exemption could apply, what protection will there be for children who with a thorough inspection of the system could learn whether the teachers appointed in this way had the appropriate qualities and skills?

[Lord Hill of Oareford]

We touched on this before when we had the debate, which seems a very long time ago, about the arrangements for Ofsted and exemption from inspections. I know that the noble Lord has strong views on that point which we will, no doubt, return to later. The short answer to his question is that I think he knows the answer to his question. It was a rhetorical question about whether it is possible that some of those schools could be exempt from inspection because if they have an outstanding Ofsted clarification the answer to that question is probably yes. We will discuss that further.

Education Bill

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Wednesday 6th July 2011 Grand Committee

[Lord Hill of Oareford]

My Lords, as was clear in the previous group of amendments, I very much agree with my noble friend Lady Perry that we have to encourage the best teachers into the profession and support their professional development. I understand that the intention of her amendment is to ensure that only those teachers who are good enough to pass the induction should become full members of the teaching profession. I support that aim.

We have talked a little about the numbers. The figure of 15 is the correct figure but in response to the question from the noble Baroness, Lady Morris of Yardley, in terms of managed moves the figure is something like 10 per cent. That lends some credence to the point of the noble Baroness. Part of the process is that people drop out—the 15 who do not make it—but there are others who do not make it in a less apparent way.

Perhaps I can briefly set out the current arrangements for induction, although I thought that my noble friend Lord Storey gave some helpful observations on that. As he said, each NQT is provided with a tutor who is an experienced qualified teacher and their role is to mentor the NQT on a day-to-day basis, to observe their teaching practice throughout the year and to give them feedback. They contribute to formal assessments of NQTs, which take place each term. At the end of the year the NQT is judged on whether they have met the required standard to become a full member of the teaching profession. Schools do not make that final judgment; they have to work with the independent appropriate body, which has overall responsibility for ensuring that the induction is fair and rigorous and that the NQT gets the appropriate support. It can visit the school, speak to the head teacher and to NQTs to check up on progress. The independent appropriate body makes the final decision on whether the required standards are met, based on the assessments that have taken place over the year and the recommendation of the head teacher.

Arguably, no set of arrangements is absolutely perfect. We are currently looking at induction and, if my noble friend has any individual cases of appropriate bodies not maintaining the required standards, I would be keen to meet her to discuss the issue further. In any case, it might be helpful if I could arrange a meeting for her with the Schools Minister with responsibility for this area just so that we can tease out some of these issues a bit further.

Induction arrangements are just one element of the Government’s overall reforms, the key aim of which is to raise the quality of new entrants by toughening entry requirements and by investing more in attracting the best graduates. We hope that that will improve the quality of NQTs entering induction in the first place, which seems to me to be the key issue. I believe that, taken together, our reforms are more likely to achieve the increase in quality that we all seek than would be achieved by the introduction of a new check—to check the checkers, as it were—into arrangements that already feature an independent appropriate body. However, I understand the points that my noble friend made and I would welcome the opportunity to discuss the matter further by asking that she raise her concerns with the appropriate Minister. On that basis, I hope that she will feel able to withdraw her amendment.

[Lord Sutherland of Houndwood]

My Lords, before the Minister sits down, would he accept that there is a difference between a system in which, by and large, those who make the assessment—that is, the referees—are either coaches or mentors or colleagues and a system in which the independent referee is not also a coach? The difficulty in that relationship is, I think, the point of the amendment.

Schools: Well-being Education

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Monday 27th June 2011 Lords Chamber

[Lord Hill of Oareford]

I think that in an Ofsted inspection it would be a matter of course for parents to have an opportunity to make their views known. However, I will check the point and, if I am wrong, come back to the noble Baroness. I shall also look specifically at her point on the terms of reference. By asking Ofsted to concentrate on four key areas, quite broadly drawn, we are providing it with an opportunity to look into these important matters. I very much agree with the noble Baroness on the importance of PSHE, and how it can help prepare children in a whole range of different ways.

[Lord Sutherland of Houndwood]

My Lords, does the Minister accept that although it is not a matter of either/or, in the matter of curriculum design, the fundamental contribution that a school can make to the well-being of pupils is numeracy and literacy?

[Lord Hill of Oareford]

As the noble Lord might expect, I share that view very strongly. He put it extremely well by saying that it is not an either/or. There are clearly important lessons that children can learn from PSHE but, as we know from all the evidence, if they do not have the basic skills of literacy and numeracy, they will have little chance of well-being. Failure to master those skills, sadly, leads disproportionately to economic failure, to prison and to a whole range of other forms of disengagement. I therefore agree very strongly with the noble Lord.

Education: Funding

Debate between Lord Sutherland of Houndwood and Lord Hill of Oareford

Monday 5th July 2010 Lords Chamber

[Lord Hill of Oareford]

I am grateful to the noble Baroness. Forgive me for my previous answer to the noble Lord, Lord Low. I was not being evasive; I did not know the precise nature of the commitment that we had given. If the noble Baroness will permit me, perhaps I can contact her and the noble Lord after today and, I hope, give a more precise answer to her question.

[Lord Sutherland of Houndwood]

My Lords, there is support around the House for the emphasis laid, both in this House and in the other place, on the importance of the quality of teachers and teaching. We all support that warmly. I also associate myself with the positive comments about the initiative made on Teach First and the way in which new recruits to the profession have been brought in. Teach First is one of those initiatives that have been successful. The question that is not often asked is what it has to teach us for the continuing professional development of teachers already in post and for the future development of patterns of recruitment and training of teachers more widely in the system. Will someone be charged with asking those questions and bringing back an answer to the wider community?

[Lord Hill of Oareford]

In the light of those comments, I will charge myself with asking those questions, as I think that the noble Lord makes a fair point. Given that what he mentions seems to be so successful, there must be points from it that have a wider application. We should make sure that we learn from them.