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

Debate between Lord Sutherland of Houndwood and Lord Lingfield

Monday 25th June 2012 Grand 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.

[Lord Lingfield]

As noble Lords will remember, I brought up this issue during the passage of the Education Bill, so I shall not rehearse the list of difficulties that we all saw in the newspapers during 2011 and in previous years—the noble Lord, Lord Sutherland, told us a lot about those, too. The principle of giving Ofqual powers to fine awarding bodies that have been in dereliction of their duty seems entirely proper and necessary, which is why I support the Government. Their proposals seem entirely fair. The awarding bodies are a disparate group and it was always going to be difficult to devise a scheme that coped with all the differences, but the decision to limit turnover for the purposes of Ofqual regulation to all activity within the UK seems appropriate. Sufficient safeguards are built in: there will be an appeal mechanism; Ofqual will be required to state its reasons for using its powers, as the Minister has told us; and there will be a review of the order and Ofqual’s activities. Those are enough. A great deal of needless distress was caused to pupils and their parents, and a lot of difficulties were created for colleges, schools and universities. I hope that the order will be used to alleviate those problems. We shall see whether it does, because it can be reviewed.

Education Bill

Debate between Lord Sutherland of Houndwood and Lord Lingfield

Monday 24th October 2011 Lords Chamber

[Lord Lingfield]

My Lords, I am grateful to the Minister that, following my remarks, these clauses are to be inserted.

It is worth reminding noble Lords of the unedifying accounts in the newspapers a short time ago, when we saw complaints from parents, teachers and schools. A printing mistake by the AQA board led to some schools receiving GCSE maths papers, taken by 32,000 pupils, which included questions from a previous version of the examination. The OCR maths AS-level paper, with nearly 7,000 candidates, featured an impossible question worth a whole 11 per cent of the marks. OCR’s Latin paper mixed up a passage by Cicero and attributed it to Tacitus, and two characters were mixed up. Edexcel’s AS-level biology paper offered a selection of wrong answers to a multiple choice question, but the correct answer was not included. The OCR guide issued to staff marking the AS-level information communication and technology paper contained four errors—staff were required to mark down students who gave the correct answer. AQA’s AS-level business studies examination, taken by 41,000 students, asked about a fictitious company’s factory profits, but the adjoining profile information failed to show the profits, making the question completely unanswerable. Of course, there were other examples in earlier years. The noble Lord, Lord Sutherland of Houndwood, who is in his place, carried out, as I am sure he will mention, a review that suggested that QCA was responsible for massive failures resulting in tens of thousands of children getting their SATs results late.

That is why I support these extra powers for Ofqual boards. I believe the penalties that are outlined seem a fair and useful way ahead, with the appropriate safeguards of notice and appeal that the Bill sets out. I hope that noble Lords will support them and they will lead to a diminution in the angst and difficulty caused earlier this year to pupils, parents and teachers after the examinations.

[Lord Sutherland of Houndwood]

I warmly welcome the government amendment, and not only for the reason it means that one’s words do not always disappear into the ether for ever, although it is nice to see a bit of thought being given to them. Examining boards do an extremely difficult and complex job. Over the years, we have built for them a system that requires too much, and too much complexity. We are now rolling back from this, and that is the right direction. However, examination boards which, for the most part, have done this very well, do fail from time to time. They fail in ways that are serious and, as we have heard, are deeply upsetting to schools and candidates. It is therefore right that Ofqual should have the capacity to assert some discipline over them.

As has been suggested, I have seen in great detail—more than I ever want to see again—the complexity of the procurement process for a national set of examinations. If Ofqual were committed to its only sanction being to reset the process in motion, we would have the wrong system. Under this amendment, Ofqual will have different alternatives. I say to my noble friend Lady Sharp that this should have been in the original powers of Ofqual rather than being put through at this stage. I welcome the amendments and hope that the House will support them.

Education Bill

Debate between Lord Sutherland of Houndwood and Lord Lingfield

Wednesday 13th July 2011 Grand Committee

[Lord Lingfield]

My Lords, I rather support the amendment because, as my noble friend Lady Perry said, a large number of schools, not just in the state sector but in the independent sector, are considering innovation as regards examinations. A number of very grand independent schools can consider these and not worry about any point scoring that comes out in league tables throughout the country. However, many other schools cannot afford to take these initiatives in a way that they might wish to. This is a good idea. I am not certain what the minutiae of it could be, but I very much hope that the Minister will take away the point made by my noble friends Lord Lucas and Lady Perry and look at it carefully.

While we are on the subject of Ofqual, noble Lords will remember that huge difficulties were mentioned in the newspapers during the previous round of examinations which did not show some of the awarding bodies in a very good light. I understand that there were nine incidents overall. I am sure that the Minister will correct me if I am wrong, but my understanding is that Ofqual can impose two types of sanction on the awarding bodies—first, a rap over the knuckles, which may not be very effective; and, secondly, the nuclear option of striking them off the list, which may not be in any way suitable and could cause great difficulties. Therefore, will the Minister and his colleagues consider a third option that could involve a series of fines for various circumstances that would add seriously to the sanctions available to Ofqual? Perhaps some of the difficulties that arose last year and caused distress to pupils and schools will not arise in the future?

[Lord Sutherland of Houndwood]

My Lords, I support the remarks that have just been made. Ofqual is in its early stages; it has set off on what is essentially a new path with new powers given on the Floor of this House, among other places. It is important that Ofqual has the powers and flexibility to maintain a reputation that will be essential if standards are to be properly observed in this country.

Education Bill

Debate between Lord Sutherland of Houndwood and Lord Lingfield

Wednesday 6th July 2011 Grand Committee

[Lord Sutherland of Houndwood]

My Lords, I am happy to give strong support to Amendment 66, in the light of the remarks that the noble Lord has just made. However, I have my reservations about the practicability of Amendment 67.

[Lord Lingfield]

My Lords—