Sharia-compliant Student Finance
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
There is a process in place. I know that the noble Lord, Lord Sharkey, has expressed frustration about its progress, as has the noble Baroness. These changes were mooted in 2012, and there was a consultation in April 2014 and the Government published their response. We then enabled the process to go through Parliament through the Higher Education and Research Act 2017. This is a complex process and it requires time to get it right.
Lord Watson of Invergowrie (Lab)
My Lords, the Minister has just given us what can best be described as obfuscation. This is a sorry tale dating back, as the noble Lord, Lord Sharkey, said, to 2013, when Prime Minister Cameron spoke to the World Islamic Economic Forum and promised a sharia-compliant student loan scheme:
“Never again should a Muslim in Britain feel unable to go to university because they cannot get a Student Loan—simply because of their religion”.
The Government’s chosen vehicle was the Higher Education and Research Act 2017, which the Minister himself guided through your Lordships’ House. At no point did he rebut the view given to those of us involved in that legislation that an Islamic-compliant scheme could be in place within a year, given the political will. There have now been six years and three Prime Ministers since that commitment was given to the Muslim community. The Minister says—and I believe him—that he is very keen to increase diversity in our universities, so how can he justify the foot-dragging that is causing precisely the opposite?
Viscount Younger of Leckie
I certainly do not call it foot-dragging. We would be the first Government to introduce a system of student finance compatible with Islamic finance principles; that is a good start. To give a little more detail on the complexities, we have identified and have been considering a range of issues which include, among others, accounting for the new arrangements, the degree of legal separation required, the treatment of cash flows, the nature of the commitments that a student will make under the new system and the method for establishing equivalence of outcome.
Creative Industries: Apprenticeship Levy
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
There is a lot more that we are doing for the creative industries regarding the apprenticeship scheme. For example, we are working very closely with industry bodies such as the Creative Industries Council, Creative & Cultural Skills and ScreenSkills, so on the back of the Bazalgette report we are looking in greater detail at what more we can do in this important sector for the UK.
Lord Watson of Invergowrie (Lab)
My Lords, despite what the Minister said, the Government have raised the transfer rate. According to ScreenSkills, the skills body for the screen-based part of the creative industries sector, a total of £55 million a year in creative apprentice levy payments is wasted because two-thirds of levy payers in the sector are able to use only 20% of the funds, for the reasons already outlined by noble Lords. One means of clearing that blockage would be to introduce new flexibilities which would allow employers to pool vouchers and share apprenticeships through a specialist apprentice training agency. Will the Minister agree to press the Skills Minister to meet urgently with creative sector companies to find out how that can be achieved?
Schools: British Sign Language
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
Again, it is helpful to have some expert input. I know that in developing this GCSE—if it goes ahead—work has been done between Signature, the DfE and Ofqual. The SEN code of practice makes it clear that children and young people with special educational needs should be helped to prepare not just for school but for adult life.
Lord Watson of Invergowrie (Lab)
My Lords, the noble Baroness, Lady Nicholson, spoke of course with great authority when she highlighted the gulf between the number of people in this country who are deaf or hard of hearing and those who are British Sign Language users. So I welcome what the noble Viscount said about the DfE working to develop subject content for a sign language GCSE.
It is now 16 years since the Labour Government gave British Sign Language official status as a language. The next Labour Government are committed to introducing a British Sign Language Act, which will go a step further and ensure that it is allowed in schools and that, as with other languages, British Sign Language users are able to access education in their first language. This should not be party political issue, so will the noble Viscount undertake to press his party to mirror that commitment to British Sign Language legislation for schools?
Viscount Younger of Leckie
I will not be drawn into making any commitment, but I say again that the department takes this extremely seriously. The process is well under way but as I said at the beginning, it is complex. The department reviewed a proposal from the exam board for a BSL GCSE in November 2018. After considering that initial proposal, it confirmed in February 2019 that it would begin the process of developing draft subject content. We think that is the right way forward at present.
Education: Flexible Lifelong Learning
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
I reassure my noble friend that there is no delay, as far as I am aware—“shortly” is the word that I am using. The Government will respond to the proposals that Philip Augar produces by the end of the year. But the Government plan to invest nearly £7 million this academic year for 16 to 19 year-olds in education or training, including apprenticeships.
Lord Watson of Invergowrie (Lab)
My Lords, the Government’s 2012 higher education funding reforms have resulted in a drop of something like 60% in part-time undergraduate study. The noble Viscount and indeed other Ministers use as a defence the Augar review recently referred to, saying that no government action can be taken in advance of that—but that does not stand up to scrutiny. Last September, the Department for Education announced the introduction of maintenance loans for face-to-face part-time undergraduates, which was meant to be extended to part-time distance learners this September. But last month, the Universities Minister used a Written Answer to slip out the news that distance learners were no longer to have that access support available to them. Will the noble Viscount explain why, when he talked earlier about barriers to learning, his department believes that that decision will assist in reversing the downward trend of those indulging in part-time education?
Viscount Younger of Leckie
The issue of whether distance learners should receive maintenance grants was considered very carefully and rejected. But the Government are absolutely dedicated to stopping the decline in the number of part-time students. In other words, it has reduced. We have made a number of changes to support part-time and mature learners. This academic year, part-time students are, for the first time ever, able to access full-time equivalent maintenance loans.
Education: Alternative Providers
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
I cannot confirm that it will be produced before Easter. I know it is due to be published shortly, and I think we all want to see what he comes out with. Ofsted certainly needs to, and does, view the private providers with as much attention as the other providers.
Lord Watson of Invergowrie (Lab)
My Lords, the noble Lord, Lord Storey, raised an important point about unregistered schools in the AP sector. I think the Minister—who is slightly out of his normal remit today in answering this Question—may have confused the Ofsted inspections of schools of faith character with those in alternative provision. However, I can give him a useful route map out of this problem for the Government. The Labour Government’s Education and Skills Act 2008 provided for the registration and inspection by Ofsted of unregistered schools for alternative provision. Plans for that to come into practice in 2012 were put on hold by the coalition Government, and that is where they remain. With exclusions in schools having risen by more than 50% in the last five years, why are the Government still refusing to implement fully the 2008 Act and ensure that all providers of alternative provision are registered?
Viscount Younger of Leckie
I am not sure the noble Lord is right. My full understanding, having looked at the matter very recently—in the last two or three days—is that Ofsted is responsible, working with local authorities, schools and AP providers, for looking at AP settings that for a variety of reasons are unregistered. That continues to be the case.
Brexit: Research Funding
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
Of course it depends on which jobs they are seeking, but yes, I certainly fully endorse learning languages, and I am sure that all educationalists agree.
Lord Watson of Invergowrie (Lab)
My Lords, despite several opportunities, the Minister has failed to say what will happen after 2020 when the Government’s guarantees run out. He will be aware that last month the EU Committee of your Lordships’ House published a report on the Erasmus and Horizon programmes, in which it noted that,
“it would take many years to emulate the tried and tested mechanism for international research collaboration provided by the EU framework programmes, the established research partnerships they support, and the EU’s joint infrastructure capabilities”.
I hope the Minister has taken note of that. With fewer than 20 days left until this country is meant to depart the European Union, can he give any kind of certainty to EU students and researchers about their futures after 2020?
Viscount Younger of Leckie
I have given the guarantees I can to the extent that I can. However, the Government are absolutely clear that ensuring that the UK is at the forefront of science and technological innovation will be at the core of next week’s Spring Statement. The Chancellor will maintain the country’s reputation as a pioneering and world-leading nation as it leaves the EU by investing £200 million in cutting-edge genetic research in Cambridge, state-of-the-art lasers in Oxfordshire, and a supercomputer in Edinburgh. Much action is going on in the UK, notwithstanding what might happen with EU exit.
Universities: BAME Women in Leadership Positions
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
My Lords, there is a balance. I thank my noble friend for making that point because this House took through autonomy for institutions during the passage of the Higher Education and Research Act, so that autonomy is important. On the other hand, the Office for Students has a statutory duty to protect the academic freedom of English higher education providers, so while it has its duty to put some pressure on the universities, equally, universities must be allowed to make decisions themselves as to who they employ and how much they are paid.
Lord Watson of Invergowrie (Lab)
My Lords, the dearth of black, Asian and minority ethnic people, particularly women, in senior positions in Russell group universities, is shocking but not surprising. Surely it a symptom of so few BAME students having been to those universities over the years; academics who were themselves at Russell group universities tend to dominate senior positions there. They should adopt appointments policies that deal with underrepresentation in the short term. I welcome the Minister referring this matter to Karen Blackett to look at, but have attempts by leading universities to widen student participation not proved inadequate? Should the Minister now advise the Office for Students, as the regulator, to put greater pressure on Russell group universities to make sure that their admissions policies are fit for purpose?
Viscount Younger of Leckie
The Question is mainly focused on staff and the workforce. There is more to be done to create a workforce that represents British society today, particularly in universities. It is important that universities, as the noble Lord alluded to, set up a pipeline to encourage BME students to come in, go on to do research and then become academics. That is a genuine focus of this Government.
Universities: Financial Sustainability
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for repeating the Answer to the UQ in the form of a Statement. Two impending great unknowns have combined to leave many universities feeling vulnerable. The first is, of course, that the Augar review, whose publication date remains shrouded in mystery, seems likely to recommend a significant cut in tuition fees. Can the Minister give a commitment that should that be the case, it will not lead to a reduction in university funding? The more serious problem facing universities is the uncertainty after we leave the EU, particularly if that should happen without a deal, which the Prime Minister has consistently refused to rule out.
Now we learn from media reports that at least four universities have serious financial problems. I hope the Minister will tell noble Lords how many institutions his department understands to be at risk of insolvency. Reading we know of, but it seems the Government do not have a handle on the situation there because when the Urgent Question was heard in another place this afternoon, the Universities Minister suggested that Reading should contact the Office for Students, even though the university has said that it did so last week.
The Minister caused some astonishment in the Urgent Question exchanges when he stated:
“There is an expectation that providers may, in a small number of cases, exit the market altogether as a result of strong competition”.
It was almost a throwaway remark. The Government seem not to have considered that not the least important factor when a university finds itself in financial difficulty is the potential knock-on effects in the local community, because it is a matter of concern not only for students and staff at the institution but for the local area in which it is based.
There also remains some doubt about the fundamental role of the Office for Students in this situation. Is it merely the regulator or is it a player? Last year, its chair, Sir Michael Barber, stated unequivocally that the OfS would not bail out any institutions that found themselves in financial trouble, yet soon after we learned that an unnamed institution had been provided with an emergency loan when it ran out of cash at the start of this academic year. Will the OfS remain a lender of last resort? That question, I fear, may be put to the test in the not-too-distant future. Will the Minister clarify government policy on this?
Finally, last week the Universities Minister said that the DfE was working with the OfS towards establishing student protection plans. Earlier today in another place, the Minister said he hoped to complete reregistration by the end of the year. If that is the case, it is not very reassuring to people who need reassuring at this time. Will the Minister say how many universities and students are currently covered by student protection plans and how many are not? These questions have assumed even greater importance over the past few days.
Viscount Younger of Leckie
I thank the noble Lord for multiple questions. I shall first address the Sir Philip Augar review. As the noble Lord would expect, I cannot comment on what might come out of the review, but I say again that it is ongoing and more information on its outcomes will be available in due course. When that happens, the Government will be in a position to respond.
The noble Lord also asked about reports in the papers of some universities with serious financial problems. We are certainly aware of them, but I am not in a position to speak about any universities that have these issues and do not want to do so. The OfS continues to say that it will not bail out providers. That is not its role. The noble Lord asked about student protection plans. I will need to write to him on the number of universities with protection plans in place. The noble Lord raises a very important point. One of the most important aspects of the reforms that we brought forward in the Act was to ensure that students have proper protection plans in the unlikely case that providers do not make any.
Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2018
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Lord Watson of Invergowrie (Lab)
My Lords, I think it is fair to say that there is broad agreement on the urgent need to address the lack of flexibility in our higher education system. With the challenges facing us when we pull up the drawbridge on 29 March, not to mention the many unknowns around the world of work as automation gathers pace, our education system urgently needs to adapt, particularly the further and higher education sectors.
To some extent, the Government have acknowledged that, because over the past 18 months or so we have seen the publication of the Made Smarter Review, the industrial strategy, the Government Office for Science report Future of Skills & Lifelong Learning, the post-18 review, the careers strategy and the national retraining scheme, inter alia, which leads to something of a conundrum. With Philip Augar about to publish the review of his panel’s look at post-school education, why did the Government pre-empt that, as long ago as November, by publishing their proposals for accelerated degrees? Would it not have been better to await the Augar recommendations before announcing the accelerated degree proposals to fit in with the Government’s intentions thereafter?
The proposal for the increase in accelerated degrees serves little purpose in the great uncertainty that existing universities and providers face from the lack of knowledge of what the future holds in terms of our participation in Erasmus+ and the Horizon research programmes, plus the withdrawal of funding from the European Social Fund and European Regional Development Fund, from which many community-focused universities and providers have benefited.
Accelerated degrees received statutory underpinning in the Higher Education and Research Act. During the passage of that legislation, the Minister and I, together with many others, some of whom are here this evening, spent hour after hour discussing hundreds of amendments. It was the task with which we were engaged at this time two years ago, and I doubt that any of us would wish to turn the clock back to that particular period.
We support the concept of accelerated degrees but not in the form outlined in these regulations. Many universities already offer this form of study, but the new provisions will allow the two-year course funding system more flexibility to further encourage their uptake.
Many noble Lords have highlighted the fact that accelerated degrees tend to be limited to subjects such as business and languages. As others have done, I put it to the Minister that it is important that he sets out whether he intends to ensure that universities are properly funded so as to be able to offer higher course subjects such as engineering or the sciences to further increase student choice. I was taken by the suggestion from my noble friend Lady Blackstone that the Government should provide specific funding to universities to reduce the load on students wishing to study for an accelerated degree. I look forward to hearing the Minister’s response to that.
The Government highlight as a benefit of these regulations that students who opt for a two-year degree will save at least 20% in total tuition costs compared with the costs of a standard three-year course. More accurately, I suggest, we are being asked to support a 20% hike in tuition fees, albeit for a two-year period of study, without any commensurate guarantee of an improvement to, or at least maintenance of, the quality of tuition and …, the other provision from universities.
It is the details and the firm focus on increasing the maximum fee cap with which we disagree because we do not believe that, at this stage, it will bring the wider benefits to universities or, more importantly, to potential students that the Government claim it will. We are not alone in that view. For example, the chief executive of the Russell group said:
“Greater choice for students is always good but I would caution ministers against ‘overpromising’. The Government’s own projection for the likely take-up of these degrees is modest and we actually hear many students calling for four-year degrees, for example, to spend a year on a work placement or studying abroad”.
MillionPlus said:
“Demand for accelerated degrees has been low for many years and is unlikely to increase significantly on account of these fee changes”.
There is little evidence of solid demand for this type of course.
The real casualties from the 2012 funding changes that led to the tripling of tuition fees have been part-time students in England, whose numbers have dropped by 59% in the last six years. Those who have been most deterred from study by that increase are not those aged 18 entering full-time higher education but older, especially disadvantaged, students. It is apparent that the biggest reason for the decline is the fees and funding policy in England because, as noble Lords will know, the average student debt in England has risen to £46,000. Even more alarmingly, the Institute for Fiscal Studies found that the removal of maintenance grants from students from low-income families meant that they were graduating with the highest debt levels, which in some cases are in excess of £57,000. Therefore, the trend in those potential applicants has been away from participation in higher education.
These regulations increase the higher amount to start a degree to £11,100 on an annual basis. It is not difficult to imagine the impact that will have on the ability or willingness of less well-off students, or potential students, to enrol for these courses. Of course we shall never know how many were unable or unwilling to meet the increased pro-rata figure.
The University and College Union has said that the new arrangements are not about increasing real choice for students, but could allow for-profit companies to access more public resources through the student loans system. That was a point that many noble Lords cautioned against during the various stages of the Higher Education and Research Act 2017 in your Lordships’ House and it is a strong possibility that we believe the Government should not ignore. However, I should say that it is at least open to speculation as to whether or not such an outcome would be anathema to the Government’s ambitions for the future direction of higher education.
The Explanatory Memorandum to these regulations lists the theoretical benefits for providers and students, but it also refers to the numerous concerns that have been expressed across the sector. It says:
“Students on existing accelerated degrees report a very high level of satisfaction, and highlight the opportunity to graduate and start or resume work a year sooner … together with costs savings and academic benefits”.
That ignores the fact that those degrees would be available only to students able to study all year round. That has major implications for access and participation for part-time students which, as I have already highlighted, are in freefall under this Government. Can the Minister explain how accelerated degrees will address the devastating fall in part-time higher education study?
There is another consideration about the wider benefits of student life beyond the degree itself—what the Minister called “the student experience” in his opening remarks. The University and College Union has stated that:
“Accelerated degrees result in reduced opportunities for students to engage in part-time employment over the course of their studies. This limitation is particularly acute for students from disadvantaged backgrounds who are more likely to need to seek employment in order to fund themselves through university”.
Would that students did not need to work part-time during their course, as was the case when noble Lords here today were studying. But we know that most do and perhaps that demonstrates that the accelerated degree proposals are focused not on those sorts of people, but in many cases on better-off or employer-funded applicants.
The lack of downtime—holiday time, if you like—factored into these degrees also means that they could prove difficult to student parents or those with caring responsibilities. Have the Government given due attention to such considerations? I hope the Minister might say something about that aspect of the regulations, because I suspect that the students he quoted, who enjoyed pursuing hobbies and other activities, were not encumbered by financial constraints.
The Open University says that there needs to be increased choice and flexibility for students to study at a time, pace, mode and place that they choose; we very much agree. One of the stated objectives of the 2012 funding reforms was to allow greater diversity of provision, including more short two-year courses and more part-time opportunities. With the reforms having failed to achieve that objective, it is vital to increase options. However, the Government have failed to address the crisis for the Open University and other adult learning providers. Accelerated degrees are just one form of flexibility and, as MillionPlus says, the Government have missed out on the opportunity to create,
“greater flexibility in fee structures and loan availability to enable students to access financial support for periods of study of less than a year (for example to borrow by modules rather than by year)”.
We agree with it when it concludes that:
“True flexibility…can only come when students are not penalised for studying part-time, or for shifting between full and part time study”.
Finally, it is clear that the Government have given little thought to the impact on staff workloads of accelerated degrees. There is no guarantee that existing university teachers will be willing or able to teach the new accelerated degrees as proposed. There is a risk that an increase in accelerated degrees will compromise time currently allocated by these teachers to research, as other noble Lords have said. Worse, it is likely to lead to the use of even more casualised teaching staff to deliver provision during the summer months. With threats to our existing world-class higher education institutions and research piling up from the uncertainties of an existence without the solidarity offered by membership of the European Union, that is not a chance that we should be taking.
What steps have the Government taken to alleviate the pressures on staff that these courses may create? Ministers should focus on not simply accelerated courses for a market driven by untested new providers but protecting the global strength and reputation of UK higher and further education.
We do not support these regulations in what they seek to achieve because we do not believe that they are equipped for that. When they were debated in another place two weeks ago, the Government carried the day when the Opposition put the regulations to a vote. We do not intend to do likewise in your Lordships’ House, but the concerns that I have outlined must be addressed if accelerated degree courses are to contribute meaningfully to the greater flexibility needed in higher education.
Viscount Younger of Leckie
My Lords, I appreciate the broad support for these regulations, but I have also taken note of a good number of questions that have been raised this afternoon in the Chamber, which I regard as being extremely helpful.
As one lays regulations such as these, it is important to continue to listen. This will definitely feed into and impact on the monitoring and reviewing of what we have started today—and that helps to answer a question from the noble Lord, Lord Luce, who asked what we will do to be sure that we monitor these regulations and their rollout, effect and impact. I reassure the noble Lord that we will most certainly do that.
I will also say at the outset that I agree with the noble Lord about the inspirational leadership that has come from Sir Anthony Seldon, who has spoken a lot about accelerated degrees. Knowing him a bit, it is not all in favour. He has his own points to raise about it, but he has been a leading light, I think it is fair to say, in this particular respect, so I am delighted that we have reached this point today on the regulations, bearing in mind his input.
The noble Lord, Lord Willetts, mentioned the Augar review. To repeat what I have said before in the Chamber, there is no new news but the review will report in early 2019, as scheduled. Mr Augar will report at an interim stage. The Government will then consider and conclude their overall review—it is a government review—and accelerated degrees are being considered by this review. So, until the review is concluded, we will continue with the government aim to increase wider provision and access—but, of course, as the House would expect, I cannot pre-empt the review’s conclusions.
The noble Lord, Lord Winston, raised an interesting and much broader point. I listened carefully to what he said about the—if I may put it this way—human side of accelerated degrees and their participation in society, and also a focus on the measures for success, which I thought was very interesting. We of course agree about the importance of higher education in developing a student’s all-round character and we will certainly reflect on this point in considering how we review accelerated degrees. Accelerated degree students’ term-time so called “free time” is the same as that of standard students. Accelerated degree students do not consider their student experience and their capacity to mature as inferior to those of standard students. I say that at the outset because it is an interesting reflection on the subject that we are talking about today.
The noble Baroness, Lady Garden, raised an interesting question about international recognition and whether the Government had considered this. The QAA does not believe that accelerated degrees pose a specific issue in terms of international recognition. An accelerated degree comprises the same number of academic credits as a non-accelerated equivalent—but it is obviously another thing that we need to reflect on.
The noble Baroness, Lady Garden, also asked about assurances and an update on the future of Erasmus+. We welcome the proposal for the successor scheme and, as stated in the White Paper, we are,
“open to exploring participation in the successor scheme”.
Timing is dependent on the wider negotiations on the future UK-EU partnership, as she will be aware, and I am sure that other Ministers have said this in the past. In addition, an updated technical notice has been published by the DfE on GOV.UK which states the current position on no-deal preparations for Erasmus+. The department is working to agree with the European Commission what continued participation in the programme post exit could look like, but we have, so far, had no formal engagement or response from the Commission—that is where we are on that.
The noble Baroness, Lady Garden, also asked about the extension of accelerated courses beyond the humanities. I say to the House and to the noble Baroness that there is no reason why many courses other than humanities could not be accelerated. It would be for providers to consider the requirements of professional accreditation bodies. I go further to remind the House that the whole point of HERA was to allow universities and providers to have the autonomy to decide for themselves what might be best for their students, and to look at the demand and how they can best market the courses. As I said, it is early days, and we think, as the noble Baroness, Lady Blackstone, said, that there is the opportunity for some enlightened thinking in universities on these regulations.
Disabled Students’ Allowance: Assistive Technology
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
This is continually being looked at but I know, as I have said in the Chamber before, that three-quarters of students—including disabled students—own their own laptop and that the average spent is £253. Given that we top up the £200 by whatever is required for the disabled students, we think it is reasonable for them to pay the first £200. Some help can be gained from individual higher education providers.
Lord Watson of Invergowrie (Lab)
My Lords, earlier this year the All- Party Parliamentary Group for Assistive Technology published a comprehensive report, Accessible Virtual Learning Environments, aimed at assisting the Government and the further and higher education providers to implement effectively the new digital accessibility regulations, which became law in September. Can the noble Viscount say whether the Government intend to respond to the recommendations in that report, particularly those aimed at the Department for Education, the Office for Students and Ofsted, and if so, when?
Viscount Younger of Leckie
I cannot give a date as to when we will respond but we certainly will. On the question of IT, the SLC has recently issued a letter informing the sector that we will be launching a tendering exercise for the supply of IT hardware, so this matter is continually under review.
Local Authorities: Children with Special Needs
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
I know that the noble Lord has strong feelings about this area, and so do we. But I say again that the vast majority of cases are concluded without the need to resort to tribunal hearings. Where families make an appeal, the local authority will need to judge how to respond, and, in so doing, must put the interests of the child or the young person first. Ultimately, it is for local authorities to make these judgments. This is a long-term rollout, so it is too early to say how well it is working, but we believe that we are definitely going in the right direction.
Lord Watson of Invergowrie (Lab)
My Lords, earlier this year we had the shameful sight of parents crowdfunding legal action against cuts to SEN provision caused by councils whose own budgets have been cut yet again. There are certainly local authorities which could target scarce resources more effectively, but it would be wrong to let the Government dodge responsibility for the fact that there is inadequate SEN provision across the board, because they have sole ownership of that.
The Minister said in his Answer to the noble Lord, Lord Lexden, that councils have responsibilities under a code of practice. That is all very well, but local authorities have had their budgets cut by almost 50% since 2010, which makes it extremely difficult for them to meet their needs. The Minister made no reference to that. This is driven by the austerity policy, which was eviscerated brilliantly by the noble Lord, Lord Skidelsky, in the Budget debate in your Lordships’ House last week, when he called it,
“economically illiterate and morally fraudulent”.—[Official Report, 13/11/18; col. 1828.]
What could be more morally fraudulent than parents being driven to the courts to seek the adequate SEN provision that their children so desperately need?
Viscount Younger of Leckie
It is not so much that they are being driven to the courts. The fact is that it is beginning to work well, to the extent that the local authorities, in conjunction with CCGs and schools, are identifying what is required. Altogether, 5,460 appeals were registered in 2017-18. So the number of appeals is going up and demand is going up. It is varied around the country: Kent, for example, had 204 appeals. The point is that the load on local authorities is increasing. Yes, we recognise that there are strains, but the most important thing is to put the child and the young person first.
Design Engineer Construct Programme
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
In answering the noble Baroness’s question I would say that it is not the end of the road, because schools and colleges can offer any qualification that has been accredited by Ofqual and approved for teaching to the appropriate age group, under Section 96 of the Learning and Skills Act 2000. It is up to schools, therefore, to decide whether they want to continue with this particular qualification—although it is unlikely that they will do so, because they are not going to be listed on the performance tables. Again, what we are talking about is the greatest shake-up that we are undertaking of post-16 education since A-levels were introduced 70 years ago.
Lord Watson of Invergowrie (Lab)
My Lords, there is little understanding of the built environment professions. As the noble Lord, Lord Redesdale, says, few young people aspire to a career in what is a significant sector of the economy. That is why Design Engineer Construct was developed as a learning programme for school students, to help to inspire and create the next generation of those professionals. Surely they should be given every encouragement to flourish in that endeavour? From what the Minister says, that is not the case so far. When will the Government end their obsession with the English baccalaureate and accept that a place at a Russell Group university is not the appropriate destination for every young person, and instead encourage young people to get the sorts of employability skills that Design Engineer Construct will provide?
Viscount Younger of Leckie
We are on the same page. I hope the noble Lord will understand that we are undertaking a number of very important reviews, looking particularly at the 16 to 18 year group. The T-level rollout is one of the most important schemes, and we are on track to roll out the first three from September 2020 and a further 12 from then on. This is joined up with other reviews: we want to provide a seamless approach from a younger age with better career progression and management for young people; and to make sure that we push people up the vocational route into the right positions to produce the skills that we need for the economy in the future.
Student Loan Books
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for repeating the Statement. I have to say, it contains rather less detail than the announcement headed “Government Asset Sale” that appeared on the website yesterday evening.
I listened to Mr Gyimah’s exchange today with my colleague Angela Rayner, the shadow Secretary of State. Unfortunately, he dodged all of her questions on the valuation of the loans the Government are selling. He simply confirmed that the Government would forgo the 25-year revenue stream in favour of a one-off receipt. I hope that the Minister will be more forthcoming. Will he tell noble Lords whether the Government have identified a minimum amount to be raised—that is, an amount at which they will decide that the sale would simply not be financially viable? Previously, the Government have said that they will raise £12 billion by selling off these loans, but will the Minister tell us the total value of the loans that will need to be sold to achieve this? Will he also explain how the apparently random figure of £12 billion was calculated? Mr Gyimah said that he would share the range of estimates with Back-Bench Members in another place. Is the Minister in a position to confirm that this information will also be shared with Members of your Lordships’ House?
The Government have said that the revenue from selling off student loans now will enable them to invest in vital public services today. We all know that the Treasury has the final say on specifically where this windfall will go, but surely most, if not all, of it should be reinvested in the education budget; goodness knows there is a need for it.
I will mention just two areas. First, the schools budget is in such a dire state that last week, 2,000 head teachers—yes, head teachers, no less—demonstrated outside 10 Downing Street to highlight their predicament. As we heard in Oral Questions today, that led to the Schools Minister issuing misleading statistics to cover up the true position on schools funding. Secondly, further education has suffered dreadfully over the past two decades, losing more funding than any other education sector. Next week, we will see a lobby on Parliament by colleges and their staff in an attempt to highlight and begin to redress the funding cuts they have endured. Those are just two areas of education in vital need of additional funding. The £12 billion that the Government say they will raise would go a long way to filling those gaps. What effort will the Minister and his colleagues make to ensure that a major chunk of the proceeds from the second sale of the student loan book will return to the education budget?
Viscount Younger of Leckie
I thank the noble Lord for his questions. The detail in the WMS that we issued yesterday was pretty comprehensive, but perhaps I can help the noble Lord by adding a few things.
Yesterday, we announced the start of the process for the second of these sales. It relates to the selection of loans that became eligible for repayment between 2007 and 2009. They have a face value of £3.9 billion but, for commercial reasons, we cannot disclose what the Government think the retention value is, particularly as we are pursuing this programme of sales. I am sure that the noble Lord will understand. He will know that the Government received cash proceeds of £1.7 billion from the first sale of the student loans and the reduction in the PSND.
Another question the noble Lord raised concerned the proceeds that will be received by the Treasury. Yes, they go to the Treasury and it is up to the Treasury to decide how to spend them. I cannot confirm whether those funds will go to the DfE.
Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for introducing and moving these regulations. He will not be surprised to hear me say that we accept they are necessary, because we want to ensure that higher education providers do not have the ability to charge fees in excess of the level of £9,250 set out in the regulations. I make those comments bearing in mind those just made by my noble friend Lord Liddle. We also welcome the fact that the regulations have the effect of freezing fees for a second year although, given the level at which they are set, we believe that is the bare minimum the Government could have done to alleviate the burden on students, until 2020 at least.
Of course, these regulations do not take account of the provisions of the Higher Education and Research Act 2017, which will see different levels of fees across the sector following the introduction of the teaching excellence framework. I imagine those provisions would have been brought into force via these regulations had it not been for the fact that, in the wash-up prior to the snap election, Labour forced the then Government to concede that there would be a review of the TEF. It had been one of the most controversial parts of a Bill which, it is fair to say, was no stranger to controversy.
When these regulations were discussed in another place last week, my Front-Bench colleague Gordon Marsden MP asked the Minister of State for Universities, Science, Research and Innovation—a title which, I imagine, must be challenging to fit on a business card—for a progress report on the appointment of the independent person who will be in charge of the review. That elicited the response that,
“an announcement will be made in due course”—[Official Report, Commons, Second Delegated Legislation Committee, 16/7/18; col. 8]—
the catch-all phraseology used when the Government do not really know quite what is happening or when anything actually will. I say to the Minister that if someone, somewhere within the DfE does not inject some urgency to the process then the introduction of the TEF will not fall within the planned timeframe. I think he will share my view that it was always going to be a challenge to gain the agreement of all those involved.
The TEF was intended to address the failure of the 2012 reforms to create a market among universities. The recent report by the Economic Affairs Committee of your Lordships’ House noted that there was,
“little evidence to suggest that the higher education sector is suitable or amenable to market regulation”.
The committee went on to say that the TEF,
“will not impose sufficient discipline on the sector to ensure the quality of the ever-increasing provision of undergraduate degrees”,
because:
“Risk is borne almost entirely by students and taxpayers rather than the institutions”.
Further criticism has emanated from the Public Accounts Committee, which has characterised the student loan system as economically unsustainable and damaging to social mobility.
The Minister will know that I believe strongly that those hardest hit by the 2012 funding changes have been in the part-time and distance-learning sector. I have raised this issue on various occasions in debates, most recently last week when we considered the export value of higher education. The noble Baroness, Lady Garden, has just mentioned adult education. The numbers of part-time students in England have dropped by almost two-thirds in the last six years, while those who have been most deterred from study by the trebling of tuition fees are not 18 year-olds entering full-time higher education but older, especially disadvantaged, students. It is beyond doubt that the main factor in that decline is tuition fees because the scale of the decline in England, where fees are much higher, is 2.5 times greater than in the rest of the UK. The Sutton Trust has reported that the biggest decrease in part-time students has been in the 30 to 49 age group, which is of course prime working age. These regulations are silent on that issue.
In a debate on lifelong learning in April, the Minister said that the post-18 funding review, to which various noble Lords have referred, would look at how we can encourage flexible and part-time learning. We await the details with interest. Hopefully, they will emerge when the interim report to which he referred is published in the autumn.
The introduction of full-time equivalent maintenance loans in the coming academic year will provide some financial support to part-time students, although their family circumstances often starkly differ from those of the typical full-time student. Any changes resulting from the post-18 review will not come into effect for at least three years. Can the Minister point to any further government initiative in the interim that could encourage the reversal of the decline in part-time and distance learning?
I could have introduced the thorny topic of student debt but I think I shall leave that for another day. It is important, though, that the Minister does not gain the impression that, while we are content with these regulations, we are also content with the overall structure and distribution of funding in the post-school education sector. The report of the Economic Affairs Committee, to which I referred earlier, characterised it as “unfair and inefficient”. That is a conclusion with which we on these Benches wholeheartedly agree.
Viscount Younger of Leckie
I thank noble Lords for their broad support of the regulations, but I shall pick up on the words mentioned by the noble Lord, Lord Watson. There are some issues circling around; he will be aware of that. Most of the questions focused on the future of fees and I shall spend most of my remarks focusing on the 18-plus review, which was raised initially by the noble Lord, Lord Adonis. I shall give as much information as I can on this important review.
The questions raised by the noble Lord, Lord Adonis, focused on whether there will be an interim report, consultation and polling, which was an interesting question. I think he was asking whether it would be a good thing to poll young people to ascertain their views. That is noted, but I reassure him that part of the extensive programme of engagement with stakeholders and experts includes students and recent graduates, and that is ongoing as part of the review. I shall give a little more information on this.
Noble Lords will know that this review was announced by the Prime Minister on 19 February. It is a major review across post-18 education looking at funding. We want to ensure that there is a joined-up system that works for everyone and is accessible for all. The review will ensure, as an overarching principle, that the system gives everyone a genuine choice between high-quality technical, vocational and academic routes. Students and taxpayers must get value for money and employers must be able to access the skilled workforce they need. Above all, we are also looking at the student experience. We must have a system whereby students go to university and come out feeling that they have had a good experience and have a good degree.
The review is being informed by independent advice. I must stress the independence of this review, so I may not be able to answer some of the questions directly because the review is independent. It is chaired by Philip Augar and one of our colleagues, the noble Baroness, Lady Wolf, is on the panel. There are five leading figures from across the post-18 education and business worlds. There is extensive engagement going on. I reassure the noble Lord and the House that there will be an interim review. I do not have a particular date in mind, but my understanding is—and I will write to noble Lords if I am wrong—that the interim review will come out some time this year. The actual review will come some time early in 2019 and after that there will be a response from the Government.
Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie (Con)
My Lords, I thank the noble Lord, Lord Watson, for tabling this Motion. The noble Lord has raised concerns that these regulations create significant powers for the Office for Students to grant access to students’ confidential data to a single commercial provider. He also calls on Her Majesty’s Government to carry out a privacy impact assessment on the regulations. Before addressing the noble Lord’s concerns, I reassure noble Lords that these regulations are very much in the interests of students and taxpayers. They enable the OfS to work appropriately with other bodies to address any potential wrongdoing or concerns about quality, students’ experience, and the management and governance of the higher education system. These regulations are essential for the OfS to do its job well, and will be accompanied by strong safeguards around data protection and privacy.
The noble Lord, Lord Watson, asked about the timing of the laying of these regulations and proper scrutiny. I reassure him that these regulations are absolutely subject to proper scrutiny, as is any other statutory instrument laid under the negative procedure. They are important to the OfS being able to operate effectively as a regulator.
Lord Watson of Invergowrie
I thank the Minister for that answer, but it does not get to the root of the problem. He talks of scrutiny, but the point is that these regulations came into force some five weeks ago. How does that square with scrutiny? It does not with me.
Viscount Younger of Leckie
They have been scrutinised as part of the scrutiny process. That is where we are—there is no issue to discuss here.
Viscount Younger of Leckie
They have gone through the scrutiny procedure, as mentioned.
Let me continue. These regulations and the enabling primary legislation provide greater protection, scrutiny and control over information sharing than before. The regulations replicate, and in some cases improve on, the arrangements that HEFCE, OFFA and the DfE had in place for sharing information with other bodies. As HEFCE’s and OFFA’s enabling legislation did not place controls around co-operation and information sharing in the same way as the Higher Education and Research Act 2017 does for the OfS, the legal framework around information sharing has actually been strengthened. The parliamentary process for the regulations, including this very debate, also means that there is more scrutiny and oversight of the information sharing than before.
I should now like to address the concerns raised by the noble Lord, Lord Watson, in turn, starting with his question about the consultation with UCAS and universities, and, in particular, students’ concerns regarding access to their data. As the noble Lord may know, officials and Ministers have regular meetings and interactions with universities, and they work closely with UCAS. On student concerns regarding access to their data, I reiterate that personal data would be shared only if there were serious concerns and if it were necessary to share that data.
Viscount Younger of Leckie
I take note of my noble friend’s broader points about the scrutiny of secondary legislation—I am simply taking note of that—and I will write to him on his points about data-sharing agreements and their publication. I hope that that will satisfy him.
Lord Watson of Invergowrie
My Lords, I thank all noble Lords who have participated in the debate. I thank the noble Lord, Lord Lucas, for his support, which I welcome, and for sharing our concern about the privacy of the information which is to be shared. I noticed that while he was characterising the fact that the Government have got this wrong he referred, I think, to the Minister saying, “Sorry, we will not do it again”. I did not hear those words, or anything that approximated to them, and there is a great likelihood that the Government will, in another setting, do something similar again. That is why we felt it appropriate to table this Motion to Regret.
The noble Lord, Lord Lucas, also referred to the bad drafting and wide phraseology. I concur with him—it is a part of the hole that the Government have dug for themselves.
I appreciate the support of my noble friend Lord Adonis, who spoke about the significant invasion of people’s liberty, which we believe this is. Our doubts are not assuaged by the Minister’s comments that these regulations will be in the interests of students. He mentioned the issue of quality—we will give him that—but that is not what we are talking about today; we are talking about privacy. I welcome two points made by the Minister. He said that the collaboration agreement with Pearson will be published and that Pearson will be prohibited from selling data that students have given it, as we know it did in the USA.
I have to come back to the Minister on the question of scrutiny. He maintains that this SI has been scrutinised adequately. However, it is all about timing. Yes, the JCSI looked at it, as it does, and the noble Viscount mentioned a debate in the House of Commons. However, that debate took place on 2 July and these regulations came into force on 18 June. I do not call that scrutiny by any standards and it is disingenuous to suggest that these regulations have been scrutinised.
The Minister also said that data sharing would conform to the data protection law. Only weeks after the Government made quite a bit about the new Data Protection Act which is supposed to give people more control over how their data is used, they are passing—I would say pushing through—regulations into law that could ride roughshod over students’ data rights, a point we have heard being made by many noble Lords. There is an inconsistency and a disconnect in this which I do not think the noble Viscount has dealt with.
I was rather surprised when the Minister went on to say that the OfS is not obliged to share data. I do not think that any suggestion was made that it is obliged to do so, but the fact that it is merely possible when appropriate is the issue. The sharing of information, including personal details, will clearly take place at some point, but of course the unknown is how often, in what circumstances and what information will be involved. I suggest that many students and their families will be uneasy and I doubt whether their fears will be assuaged by the statement made by the noble Viscount that the regulations will provide greater protection with more security control and transparency than has been the case in the past. That is certainly not the impression which noble Lords have gained in this debate.
It is interesting to note that the Benches opposite have filled up in the past 10 minutes or so, perhaps in anticipation of the denouement of this debate. I have to disappoint them because while I would like to press this issue, given how the debate has unfolded, and although we remain concerned about the lack of adequate assessment of the impact on privacy for those whose data will be made available under these regulations, at this point we will monitor their effect in the immediate period following. I am sure that noble Lords can read between the lines and for now I beg leave to withdraw the Motion standing in my name.
Apprenticeship Levy: Creative Industries
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
My Lords, we will certainly look at the recommendations and we recognise that the creative industries sector comprises a workforce that is different—it is more diverse, and largely made up of freelance and sole-trader businesses. However, if an apprenticeship linked to the levy is not suitable, then the apprenticeship training agencies could provide a solution for this important sector. ATAs recruit, employ and arrange training on behalf of employers, which includes the 20% off-the-job training. A further solution is for the major levy-paying employers to transfer up to 10% of their levy funds to help the sector.
Lord Watson of Invergowrie (Lab)
My Lords, in giving evidence to the Select Committee on Communications of your Lordships’ House last year, the Skills Minister, Anne Milton MP, said this on apprenticeships in the creative sector:
“One of the challenges for the DfE … is to make sure that we have a flexible system that is fast and constantly renewing itself”.
Further to the comments from the noble Lord, Lord Foster, about the Bazalgette report, Creative Skillset—the strategic body that works to ensure that the UK’s creative industries have access to sufficient skills and talent—produced a four-point report seeking to enable appropriate apprenticeships to be delivered within that sector. One of the points in that report was structural flexibility involving longer apprenticeships and periods between placements. It seems that the Minister is in agreement with Creative Skillset, so can he explain why his colleague has not yet taken steps to ensure that flexibility for the creative sector has been introduced?
Viscount Younger of Leckie
I have already said that we need to do more for the creative sector and that it is an unusual case. That is why, as part of the creative industries sector deal announced on 28 March 2018, there are shared commitments laid out by the Government and industries to address the current and future skills needs in the creative industries. That includes working with employers to monitor the impact of the levy, and to continue to analyse apprenticeship starts. It also includes funding to support the development of priority apprenticeship standards.
Universities: Contract Cheating
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
The OfS of course takes responsibility for this and undertakes an annual analysis of degree classification trends at sector and provider level. It will publish its findings and directly challenge the sector where there is evidence. We welcome the UK Standing Committee for Quality Assessment’s work to define the standards for all classifications of degrees.
Lord Watson of Invergowrie (Lab)
My Lords, the Minister will remember that when the Higher Education and Research Bill was before your Lordships’ House last year his colleague the noble Lord, Lord Young of Cookham, stated that legislation to counter cheating was not necessary and that he had asked the sector bodies to develop guidance with tough new penalties. The Minister just referred to that guidance, but it contains no penalties either tough or new. I noticed that he mentioned sanctions against institutions, but what about individuals? The emphasis is very much on prevention rather than cure, which is all right up to a point, but surely there comes a point when sanctions have to be taken against students on an individual basis. I shall repeat the question just asked by the noble Lord, Lord Storey, and again invite the Minister to say at what point the Government will conclude that guidance is not sufficient and that legislation targeting the providers is necessary to root out the source of this serious problem.
Viscount Younger of Leckie
There are a number of questions there, but I say at the outset that it is often made clear when individuals sign on for courses that they have to be aware of the punishments for students who deliberately cheat. They include being sent down from university. That is made very clear. Some universities, including Nottingham and Oxford, demand an authorship signature from people submitting essays so that if something has gone wrong and they are seen to be cheating, it is down to them and they have signed for it.
Apprenticeships: Levy
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
No. I know that the possibility of MBAs being attached to apprenticeships has been raised in the House before, but that is not the case. It is clear that the system is rigorous so it can check that apprenticeships are up to the right standard and are launched so that they cannot be dressed up as other types of qualifications.
Lord Watson of Invergowrie (Lab)
My Lords, under the co-investment rule that applies as part of the levy, the 10% that members have to pay towards the cost of apprenticeships means that many of them are unable to access the levy funds. Given that the Government have next to no chance of achieving their target of 3 million apprenticeship starts by 2020 without the support of the small business sector, will they consider piloting the suspension of co-investment in order to let small businesses play their full part in boosting the number of apprentices?
Viscount Younger of Leckie
The noble Lord makes a good point about the 10%, but we want to introduce the transfers in a gradual and well-managed way, allowing levy payers to benefit from the added flexibilities while protecting the integrity and affordability of the programme and the interests of non-levied employers. I reassure the noble Lord that we are carefully monitoring the implementation of the transfers, including how the 10% is working.
Apprenticeships: Levy
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
My noble friend is absolutely right. I had not heard about this, and I will certainly follow up on the points that he has raised. The whole point of the apprenticeship scheme is that it is employer driven; it is what employers will need. The standards and quality are set by the Institute for Apprenticeships. We believe it is working well, but I will look into my noble friend’s points.
Lord Watson of Invergowrie (Lab)
My Lords, the noble Viscount the Minister should be aware that young people from low-income families are underrepresented in the apprenticeship programme. Some 13% of school children received free school meals last year; only 10% of young people starting apprenticeships had been on free school meals. One reason for that is that the Government still do not classify apprenticeships as approved education or training, with the result that the families of young apprentices lose the right to claim child benefit and tax credits. Last month at Oral Questions, I highlighted this structural barrier to the noble Viscount and asked him to speak to ministerial colleagues in the Department for Work and Pensions to try to make it more attractive for young apprenticeships to start. Has he done that, and if not why not?
Viscount Younger of Leckie
I can reassure the noble Lord that I have indeed done that. If he has not received a reply, and I am sure he should have, I will follow up immediately and make sure of that. Yes, it is true that some apprenticeships are on the minimum and I have no doubt that is a bit of a struggle. Having said that, many employers are paying more than the average, which is £6.70 an hour, rather than the £3.50 an hour that is now going up to £3.70.
Apprenticeships
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
That may well be the case, but, as I said already, there are several initiatives with employers going into schools, to ensure that schools can push further to encourage apprentices. It is important to create parity of esteem between apprentices and those going along the academic path. A lot of work needs to be done. There are advertisements on the radio at the moment—I heard one on my way in last night—and a full marketing or promotional campaign is going on.
Lord Watson of Invergowrie (Lab)
My Lords, when the Prime Minister announced her review yesterday, she called for parity of esteem between academic and technical routes, to create what she called,
“a system of tertiary education that works for all our young people”.
That is certainly a worthwhile objective. Yet, bizarrely, the Department for Work and Pensions does not class apprenticeships as approved education or training, which leads to the sort of problems outlined by the right reverend Prelate in his Question. Can the Minister envisage a situation in which a 16 year-old goes to his or her parents and says, “I’m considering an apprenticeship or going to further or higher education, and in one of those cases you will lose my child benefit and your tax credits”? It is not difficult to see what road the parents will usher him or her down. To deal with this structural barrier, will the Minister speak to his colleagues from the Department for Work and Pensions to get them to understand that there will have to be some change if a level playing field is to be created for apprenticeships?
Viscount Younger of Leckie
The Government are doing an enormous amount to encourage apprenticeships for all, and in particular for those from disadvantaged backgrounds. The noble Lord mentioned parental input, but it is a joined-up effort of parental input plus schools, led by our own careers strategy. As the noble Lord will know, schools have a mandatory obligation to give proper careers guidance to young people. It is very important indeed that we raise the level of advice that is given to young people on careers.
Education: Modern Foreign Languages
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(6 years, 11 months ago)
Grand CommitteeRead Full debate Read Hansard Text
Viscount Younger of Leckie (Con)
My Lords, I am pleased to answer this Question for Short Debate and thank the noble Baroness, Lady Coussins, for her passionate advocacy of the importance of teaching modern foreign languages. When the national curriculum was first introduced, it was compulsory to teach at least one language to all pupils in key stages 3 and 4. However, it may be that the true value of languages was not widely embraced, as the Government of the day removed this requirement in 2004, as the noble Baroness, Lady Coussins, mentioned. We know that there is much more to be gained from studying a foreign language. It can build cultural and global understanding, and improve the ability to think laterally and creatively. It can also bring benefits from a career perspective: languages are important for those working as translators and in the diplomatic service, but also for those working in petrochemicals, engineers, banking and any profession that can lead to working overseas or with international partners.
I would like to chip in at this point to answer a question raised by my noble friend Lady Hooper. She asked whether civil servant applicants are routinely asked about any foreign language skills. As far as I am aware, the Civil Service does not ask applicants directly about language skills unless it is relevant to the role. That is something for us to mull over.
As the noble Lord, Lord Dykes, said, we know it is a myth to believe that, as English is spoken fluently by many around the world, there is no need for us to converse in the languages of our international business partners. My noble friend Lord Sherbourne put it rather more starkly and succinctly. I was interested also to hear what the right reverend Prelate the Bishop of Derby said. He made an important point about the commonality of language to cross religious and country values.
We have never been an insular nation, and, in leaving the European Union, it is important that we adopt an even more global outlook. In support of this concept, the British Council’s Languages for the Future report, published in November 2017, said that we must,
“initiate a bold new policy to improve foreign language learning for a transformed ‘global Britain’”.
I agree, but we are still far from achieving the levels of uptake and proficiency in languages that we need to, and those points have been made today. Only 47.3% of pupils entered a languages GCSE in 2017, and in too many schools only the most academic pupils are encouraged to study languages to GCSE level. Yet taught well, all children can become fluent. Maintained schools must offer languages at key stage 4, although it is not mandatory for pupils to take up that offer. We need taking a GCSE to be an option that all pupils might want to take, in the knowledge that it will be enjoyable, is of value and that quality teaching will enable them to make good progress.
What action are we taking to improve the take-up of languages? I start by saying that I absolutely read the view of noble Lords including the noble Baronesses, Lady Coussins and Lady Janke, and my noble friend Lord Sherborne about the interesting idea of a national language recovery scheme. I will be taking that back to the Department for Education as an idea to look at.
In September 2014, we made it mandatory for maintained primary schools to teach a language to pupils at key stage 2, a point raised by the noble Baroness, Lady Morris. Maintained secondary schools must also teach a language to pupils at key stage 3 and offer it at key stage 4. An important point about continuity was made by the noble Lord, Lord Storey. The noble Lord, Lord Watson, asked what was being done to encourage students beginning language study as early as key stage 1. Schools are free to teach languages to children at key stage 1 if they choose to, and a wide range of resources are publicly available to support teachers who wish to teach languages to younger children. However, this is not a mandatory requirement, and we have no plans to make it so.
We have introduced the English baccalaureate performance measure, which shows how many pupils entered a GCSE in English, maths, sciences, a language and history or geography. The noble Lord, Lord Watson, asked why the EBacc has not stemmed the downward trend in those studying languages in school and whether the English baccalaureate affects teaching of other creative subjects. Pupils who took GCSEs in 2017 will have made their subject choices in 2014, before the publication of the EBacc consultation. We therefore were not expecting language entries to rise significantly this year. In July 2017, we published the outcome of the EBacc consultation, which sets a clear direction of travel for the EBacc, and we expect schools to respond to it. Entries to language GCSEs are now higher than they were in 2010, but we have always said that the EBacc should be studied as part of a broad and balanced curriculum.
In July, we announced our ambition for 75% of year 10 pupils to be studying the EBacc by 2022. This is an indication of the importance that the Government attach to languages, as these aspirations cannot be met without pupils taking a GCSE in a foreign language. But there is much more to do, and the noble Baroness, Lady Coussins, eloquently set out most of the challenges in her speech. Although the proportion of pupils taking the EBacc has risen from 22% in 2010, only 38% of pupils in state-funded schools were entered for GCSEs in all five EBacc subject areas in 2017.
Take-up of languages GCSEs has been the biggest obstacle to achieving high EBacc entry rates. In 2017, of those pupils who entered GCSEs in only four of the five EBacc subject areas, 80% had not been entered for a languages GCSE. These figures serve to highlight the extent of the challenge facing us.
The noble Baroness, Lady Coussins, reported that schools are using Progress 8 to avoid MFL and that the EBacc and Progress 8 are in conflict, but we believe that these measures are in fact complementary. It is true that a people does not have to do MFL to get a good Progress 8 score, but the EBacc’s subjects are given emphasis. What is more important than relying on performance measures is to ensure that pupils want to take languages because they see the value and are well taught—a point I made earlier.
We have considered practical steps to help schools. First, Mandarin is cited by Languages for the Future, along with French, German, Spanish and Arabic, as one of the five most important languages for this country’s future. The Mandarin excellence programme, which began in September 2016, will see at least 5,000 young people on track towards fluency in Mandarin Chinese by 2020. Schools on the programme provide four hours’ direct teaching time to pupils, supplemented by another four hours’ study. This has led to pupils making great progress in that language.
Secondly, the recently published social mobility action plan outlined plans to improve access to high-quality modern foreign languages subject teaching. Expert hubs will see schools with a good track record in teaching languages sharing best practice in pedagogy.
Thirdly, there is a need to step up communications by highlighting the importance and value of languages to parents, pupils and teachers alike. Our future communications will highlight the role that languages can and must play in improving pupils’ achievement across subjects. These actions to increase the number of pupils entering languages GCSEs will build a larger pool of potential A-level and degree students.
The noble Lord, Lord Watson, asked a question about the Government’s plans to address the causes of the decline in modern languages degree courses in universities—and he asked what we think the cause is. We think that the key factor impacting MFLs in higher education is the decline in the take-up of languages at GCSE level. I have already referred to the positive steps we are taking to address that, but there is some evidence that a substantial number of students continue to develop language and intercultural skills during higher education, evidenced by an upswing in students choosing to study language modules alongside their non-language degree subject. The annual UCML/Association of University Language Centre’s survey of institution-wide language providers in UK higher education institutions suggests that the numbers have more than doubled in a decade.
Lord Watson of Invergowrie
I thank the Minister for answering some of the questions I provided in advance, but there seems to be an element, if not of complacency, at least of just leaving it at young people being encouraged to take up more languages. It may happen or it may not happen, and at the moment it is not happening. I have heard nothing which suggests that what the Government are doing or planning to do will suddenly create the step change that the noble Baroness, Lady Coussins, said is necessary in her introduction. As the noble Lord, Lord Storey, said, in countries such as Germany it is compulsory. We really have to grasp the fact that language teaching in this country, certainly in the early years, has to become compulsory or there is no reason to believe that the figures will improve.
Viscount Younger of Leckie
I thought that the noble Lord might want to make that point, but that is the next step, is it not? We are not at the stage of wanting to move towards the compulsory angle. I have set out clearly the actions that we are taking, but I did say at the outset that this debate, along with other debates which might be held, will feed into the department. Perhaps new ideas will emerge, particularly those raised by the noble Lord and the noble Baroness, Lady Coussins, in their speeches.
I would like to move on to teacher supply and retention. We cannot grow this pool without enough high-quality teachers in our schools. That is why we are working to grow a strong pipeline of teachers from within England. But let me be clear: there are more teachers than ever before in our schools—15,500 more than in 2010. The number of teachers returning to the profession has risen by 8% since 2011, and we are encouraged that the number of people starting initial teacher training in 2017 was up on the year before. However, in case I am accused of being complacent, we know absolutely that the recruitment landscape is tough. We are alive to the challenges that the improving economy and the pressures of rising pupil numbers pose. Recruitment in priority subjects like languages has historically been challenging, and that is why we have put a package of measures in place to support the recruitment of trainees and the retention of existing teachers. We continue to offer generous financial incentives, including scholarships and tax-free bursaries, which are typically worth up to £26,000, for trainees in priority subjects, including modern foreign languages. We have also developed a number of measures to encourage more specialists into initial teacher training, including targeted marketing campaigns and providing support to potential applicants across priority subjects.
I should like to move on to the recruitment of teachers from overseas. As we grow the domestic pipeline of teachers, we are exploring international recruitment initiatives in the short term. For example, we have worked with the Spanish Government to expand their visitor teacher programme to England. While most teachers are recruited from this country, schools have been able to recruit staff from overseas to fill posts that cannot be filled from the resident workforce. As we recruit more teachers nationally—this is a point mentioned by the noble Baroness, Lady Coussins—and work to increase retention, we expect a reduction in the need for these initiatives.
We fully appreciate the valuable contribution that EU nationals make to teaching languages in our schools and universities. In December, the UK and EU negotiating teams issued a joint report on the first phase of the Brexit negotiations. This has helped to provide certainty for those EU nationals, including MFL teachers, who will be living in the UK when we exit the EU. It sets out a fair deal on citizens’ rights that allows UK and EU citizens to get on with their lives broadly as they do now, continuing to enjoy rights such as access to healthcare, benefits and education.
I realise that time is against me and know that a number of other points were raised, notably by the noble Baroness, Lady Coussins, and the noble Lords, Lord Watson and Lord Evans. I shall write to all noble Lords and put a copy of the letter in the Library of the House answering those queries.
To conclude, I have heard certain messages from noble Lords today, and it is clear that we are at a crossroads in the future of languages teaching in our education system. Doing nothing is not an option and the Government are taking positive steps through the initiatives I have outlined. There may be more to do, but I am encouraged by the passion and support your Lordships have shown today for improving the profile of languages within our education system.
Apprenticeships: Training Providers
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
I am aware of my noble friend’s interest in this area, and I have also read the report linked to the UTCs. His point is noted, although I do not entirely agree with him.
Lord Watson of Invergowrie (Lab)
My Lords, whichever way the noble Viscount dresses it up, a 59% decline in new apprenticeships year on year is hardly an auspicious start to the main plank of the Government’s attempts to address the skills gap. One issue is pay. The Department for Business reported in July that one in five apprentices was not receiving the correct national minimum wage, even though it is only £3.50 an hour. Another question relates to flexibility, which has been raised by other noble Lords, although I would like to put a slightly different angle on it. The Chancellor said in his Budget speech last week that he would keep under review the flexibility with which levy payers can spend their money. I very much hope he will, because part-time apprenticeships have a role to play here and flexibility would certainly be valued by young parents. Will the Government offer advice to employers to make sure that they make more part-time apprenticeships available, not only for their own benefit in terms of skills but to boost the overall number of necessary apprenticeships?
Viscount Younger of Leckie
The noble Lord has raised a number of points but I shall pick up on two. As he will know, the national minimum wage is going up from £3.50 to £3.70 per hour from April 2018. However, we do not see pay as being a particular issue in the way he has suggested. Apart from that, his point about part-time apprenticeships is important, and that is very much part of our plans.
Pension Schemes: Universities
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(7 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text
Viscount Younger of Leckie
My noble friend knows more than I do how complex managing pension schemes is. There are lots of variables and issues to consider. She is right that there was a review in 2014. In fact, there is a review of the scheme every three years and a recovery plan is in place. My noble friend is right: the recovery plan, we believe, is robust and will offer a good degree of stability for the next 30 years.
The DWP is publishing a Green Paper in February to build on the ongoing discussions on pension schemes in general. We will publish a response to the consultation in a White Paper this winter.
Lord Watson of Invergowrie (Lab)
My Lords, the Question in the name of the noble Baroness, Lady Falkner, mentioned university schemes, although for the reasons she outlined to us, she only referred to the Universities Superannuation Scheme. In fact, there is a two-tier system in pensions provision for academic staff in universities. An academic retiring after 30 years at Oxford University will have a pension pot with the USS scheme worth around £150,000 less than an academic retiring at the same time from Oxford Brookes University in the Teachers’ Pension Scheme. While the Teachers’ Pension Scheme is in good financial health, despite the comments from the noble Baroness, Lady Altmann, the Universities Superannuation Scheme is certainly not. The Universities and Colleges Union has real concerns about the manner in which the scheme’s executives carry out valuations and make investment decisions.
Will the Minister ask the Department for Education to challenge university finance directors over the manner in which the scheme is being run—leaving aside the role of the Pensions Regulator—when academic staff, their representatives and others have made suggestions for a change in direction for the scheme which have so far been ignored?
Viscount Younger of Leckie
I do not agree with the noble Lord’s assessment of the scheme. It has a deficit, but so have many pension schemes. He will know more than I do about how that operates. It is being closely monitored and Universities UK, which oversees the scheme as a representative of employers, has launched a consultation this month which will run until 29 September on the proposed assumptions for the scheme’s technical provisions. A lot is going on to be sure that we monitor the scheme’s progress. Without getting too technical, interest rates, as the House may know, have played a part. These can change, and suddenly the parameters can change.
Cultural Institutions: Curriculum Fund
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
Yes, of course I pass on my congratulations. That may allow me to bring a little academic input, which is that the whole idea behind bringing knowledge-rich into the curriculum—we will have to hear what comes out of it—is that cognitive science analysed and shared by thinkers such as Dan Willingham and Daisy Christodoulou reinforces the fact that a knowledge-based academic curriculum can stimulate critical thinking and creativity. So quite a lot of science goes into this.
Lord Watson of Invergowrie (Lab)
My Lords, the need for a curriculum fund for Britain’s leading cultural and scientific institutions is urgent because, as my noble friend Lady McIntosh said, of the need greatly to reinforce the teaching of art and creative subjects in schools. The figures from Ofqual show a 9% continuation of the drop in take-up of studies in those subjects. I am encouraged by what the noble Viscount said about the curriculum fund, but in many cases, the reason that schools are unable to continue with art and creative subjects is that they cannot afford to do so because of cuts to their budgets. The curriculum fund may address some of that, but when the noble Viscount and the Government report on that, can they ensure that this money will be additional to what has been provided through the national funding formula?
Viscount Younger of Leckie
I cannot confirm that at the moment. I say again that we are waiting to hear the details of the curriculum fund, which will come out in due course, as I said to the noble Baroness. The House will appreciate that I should say that the arts are very important to this country, and the creative industries provide a very important sector for exports.
Child Welfare
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
Well, indeed. The whole House will agree that every child needs and deserves the best possible start in life. The noble Baroness referred to early years and childcare. All three and four year-olds and the least advantaged two year-olds can access 15 hours a week of funded early education. The proportion of all children achieving a good level of development is improving year on year, but it remains work in progress.
Lord Watson of Invergowrie (Lab)
My Lords, the Minister said that the Government were committed to children and children’s rights. I have to say to him that the evidence is quite to the contrary. The DWP’s own figures in 2015 showed that 28% of children in the UK were living in poverty, yet last year the Government abolished the Child Poverty Unit and abandoned child poverty reduction targets. That does not seem to be in any sense a commitment to children. Surely children should be at the forefront of all government policy. Do the Minister and what I might describe as his caretaker Government intend to introduce the recommendations of the UN committee report or have they implicitly accepted that they are on borrowed time and it is only a matter of time before a Labour Government come into power who are really committed to children’s rights and to ending poverty?
Viscount Younger of Leckie
My Lords, poverty is something that the whole House needs to take seriously, as we do. We are very aware that despite record levels of employment, there are still around 1.3 million children in workless households across the UK. This is something that we are really looking to address. We need to ensure that children are in households where work gets them out of poverty.
Universities: Teaching Excellence Framework
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
The noble Lord is absolutely correct. He will know that the process is an iterative one, which we believe is becoming more robust. For example, the assessment process takes account of diverse forms of teaching, the level of academic support and the learning experience—everyone knows about the NSS—and also looks at outcomes and where students end up. Each application for this particular trial also included a 15-page submission from the providers, so it was very much qualitative as well as quantitative.
Lord Watson of Invergowrie (Lab)
My Lords, when the Higher Education and Research Bill was going through your Lordships’ House earlier this year, noble Lords from all sides, including the Government Benches, argued strongly against the concept of a teaching excellence framework, warning that it was a blunt instrument and ill equipped to show what actually happens within lecture rooms. Now we are where we are. Everyone knows that the London School of Economics, the School of Oriental and African Studies, Goldsmiths, University of London, the University of Liverpool and the University of Southampton are in no sense third-rate institutions, but that is not how it looks now to potential students, particularly those from overseas. Although we accept that an independent review will be carried out—which I am sure will sweep away the nonsense of gold, silver and bronze—will the Minister say in the interim, to address the inevitable reputational damage to institutions, what support he will offer to them in that situation?
Viscount Younger of Leckie
Again, I do not share the pessimism that has come across from the noble Lord. I was very pleased to be part of the process of the Bill. There were over 500 amendments, and I appreciated the noble Lord’s contribution. I repeat that it is an iterative process. Once the TEF has been properly introduced a year or so down the line, there will be that proper independent review and, as we pledged in the process of the Act, it will look at the metrics and the definitions. We will see what happens from there.
Public Sector Apprenticeship Targets Regulations 2017
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(7 years, 8 months ago)
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Viscount Younger of Leckie
My Lords, I thank the noble Lords, Lord Watson and Lord Storey, for their comments and questions. First, I am pleased that in general they welcome what we are doing. As the noble Lord, Lord Storey, said, these initiatives started under the previous Government. We realise that this is long-term work. We fully intend to roll this out and stick with it over the long term. It takes many years to ensure the success of this sort of initiative.
The noble Lord, Lord Watson, asked about the Department for Education in relation to apprenticeship participation. This is a fair point. The Department for Education is confident that it will meet the target. I shall write to the noble Lord setting out precise numbers and the wider plan in the education sector. I shall also cover his other points as to the percentage of apprenticeships in the department and the percentage of women apprentices. I can certainly do that.
The noble Lord also asked whether the House of Commons or the House of Lords were in scope of the targets. In other words, would we and the other place be taking on apprenticeships? While we are not imposing this target on this House and the other place, there is nothing to prevent us or the other place from creating apprenticeships. We do not fall in scope because we do not seek to have Ministers tell us what to do.
Lord Watson of Invergowrie
I understand that the Minister cannot direct either House and I accept that. That is why I referred to smoking in the workplace. That, equally, cannot be enforced. However, it is de facto, if not de jure. I welcome the noble Viscount’s response because he is encouraging both Houses to adopt this measure. It is interesting to have that on the record. We shall see what figures emerge over the next two to three years and proceed with that, perhaps even jointly.
Viscount Younger of Leckie
I entirely agree with the noble Lord that having this recorded in Hansard encourages the Houses to initiate it.
Perhaps more important, though, is the question that the noble Lord raised about the target and the clarity of the target—in other words, the 80,000 which I mentioned. I may have to write to clarify this matter further because it is somewhat complex. I say, to be helpful, that this is a proportional target. It is based on the proportion of public sector employees as part of the total workforce in 2015. As this target is set from 2017-18 up to 2020-21, the number is not an exact copy of the 2015 number. In addition, following reaction to the consultation, we have excluded certain bodies who presented a good reason for not being included. We reiterate that this remains an ambitious and transformative target. It is important to have targets, but it is not set in stone. However, the 80,000 figure is there, and it is meant to be.
The noble Lord, Lord Storey, asked about the support offered to engage those from BAME backgrounds. We are taking action in this area, as he will know. We have launched the diversity champions network, chaired by Nus Ghani MP, to champion equality and diversity. Public sector organisations, including councils and NHS trusts, are among our diversity champions. We are also celebrating the BAME apprenticeships in our Get In Go Far publicity campaign. The question that he really asked concerned what we would do if there was concern about the targets not being met. I reassure him that the targets in these areas will be kept under review. Although I cannot promise any particular action, being kept under review means that, if there were any concerns, they should rightly be addressed.
The noble Lord, Lord Watson, asked about child benefit eligibility in an apprenticeship. Ministers fully understand the intention behind the noble Lord’s amendment. The Government need to analyse costs and the impact on the wider system. It is best for the Government to respond to this in the other place.
The noble Lord, Lord Watson, also asked about supply chains in the target. Supply chains are mostly, normally, in the private sector, so they are not included. However, the Government are using their procurement for contracts of over £10 million to take this forward. In the Department for Transport, for example, we should see 30,000 apprenticeships in the road and rail sectors through the use of the Government’s procurement programme. We anticipate that this will be about 2.3% of employees in those workforces.
The noble Lord also asked about the target of 2.3% and whether a higher target would be achievable in later years. That is a fair question. As I mentioned, we are asking public bodies to have regard to this figure. Some will achieve it each year, and some may not. But where they do not achieve it in the early years, we will look to employers to make further progress. We will do our best to support them to make that progress.
I hope that answers all the questions. I will, of course, read Hansard to check what questions were raised—quite a few questions were asked by the two noble Lords—and I will, of course, write to them if there are other questions to be answered.
Industrial Training Levy (Engineering Construction Industry Training Board) Order 2017
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(7 years, 8 months ago)
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Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for his introduction to this order, which I think it fair to say is not particularly controversial and need not detain us for too long.
Preparing for this took me back some time. In a previous guise, I was the full-time official of a trade union in the engineering sector, and I well remember dealing with many industry training boards on a number of different issues. When the Department for Business, Innovation and Skills published its final report in December 2015 on the combined triennial review of the industry training boards, it mentioned the background to the industrial training levy itself, which was introduced as part of the Industrial Training Act 1964. That is of course where the industry training boards can be traced back to as well.
It is to be regretted that there are now only three industry training boards left. I certainly remember that there were more than 20 in the 1980s, and they were significantly reduced by the Industrial Training Act 1982. Apart from the film sector, only the Construction Industry Training Board and the Engineering Construction Industry Training Board are still in place today, both of which are of course accountable to Parliament. They raise most of their funds through training levies and various commercial activities. In 2016, the ECITB raised £32 million in levy and returned £28 million to the industry. It is interesting that the ECITB itself made the proposal to reduce the industrial training levy rate for employers, which appears to be a direct result of the impending introduction of the apprenticeship levy. That is reasonable and I understand the thinking behind it.
I made notes but if I read them out I would largely repeat what the noble Viscount said in his introduction, and I see little purpose in doing that. However, the listed exemptions seem reasonable and are set at reasonable levels with regard to the overall pay bill of establishments. I was interested to hear the noble Viscount say that a total of 275 establishments would qualify for the levy, with 120 exemptions. I will not mention the details of the exemptions, but they meet the needs of the industry. It is instructive that the consultation carried out by the ECITB found that 78% of levy payers were in favour of the proposals, and together they will pay a total of 87% of the value of the forecast levy. There is fairly broad support, therefore; I certainly have not been made aware of any opposition.
As the noble Viscount himself pointed out, and I thank him for doing so, less than 10% of the engineering workforce is female. Again, going back to my days as a trade union negotiator, I remember the attempts that were made to get more women into the union, particularly the predominantly engineering-based union that I looked after. It was very difficult, and I pay tribute to WISE—Women into Science and Engineering, which is backed by my union, Unite. We want as many women as possible to come forward and fill jobs in the manufacturing sector, particularly in engineering.
This issue goes back to the requirement for qualifications, particularly STEM qualifications, and will impact on what I am going to say about the next set of regulations for consideration. The pressure on schools to find enough teachers to make sure they can deliver teaching in these subjects cannot be ignored. A lot more work has to be done on that, because they provide the building blocks to get the initial qualifications to get women into university, or through the technical routes into engineering. It is important that the Minister highlighted that, and it is to be welcomed.
The order is not controversial and is to be welcomed. It has been welcomed in the industry, and on that basis I can only hope it will achieve what it sets out to achieve and assists the development of the industry.
Viscount Younger of Leckie
My Lords, I thank the noble Lord, Lord Watson, for his comments and for his contribution today. I was particularly interested to hear of his background, which I did not know about. I appreciate his general support for the order.
Before I make some very brief concluding remarks, I shall pick up on his very important point about the need to encourage more females into engineering. I am delighted that my noble friend Lord Nash is in Committee today because I am sure he agrees with me that this is a very important part of what the Department for Education is doing. It is starting from the very early years to encourage more women to study STEM subjects and then, through proper career guidance, to encourage them to take roles in science and engineering. It is one of the major priorities and major thrusts—the noble Lord is right about that.
Noble Lords will be aware from previous debates that the ECITB exists because of the support it receives from employers and employer interest groups in the sector. There is a firm belief that without this levy, there would be a serious deterioration in the quality and quantity of training in the engineering construction industry, leading to a deficiency in skill levels. It continues to be the collective view of employers in the engineering construction industry that training should be funded through the statutory levy system in order to secure a sufficient pool of skilled labour. I commend this order to the Committee.
Motion agreed.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieMonday 6th March 2017
(7 years, 9 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 97-II Second marshalled list for Report (PDF, 156KB) - (6 Mar 2017)
Lord Watson of Invergowrie (Lab)
My Lords, I am sure that the noble Viscount will ask that the amendment be withdrawn, and I can understand why from his point of view—but it does not stand up to scrutiny to maintain that the name of the body should be the Office for Students. In response to my noble friend Lord Lipsey’s amendment in Committee, the noble Viscount said:
“This Bill sets out a series of higher education reforms which will improve quality and choice for students, encourage competition and allow for consistent and fair oversight of the sector”.
Many noble Lords may have doubts about anything other than the second of those objectives, but the noble Viscount was correct to point out that, in introducing the Bill, the Government had those three distinct objectives—so why were they unable to come up with a title that encompassed more than one of them?
The Minister also said in Committee that it was the Government’s intention,
“to put the student interest at the heart of our regulatory approach to higher education”—[Official Report, 9/1/17; cols 1840-41.]—
hence the name. That claim does not withstand close scrutiny. If that had been the case, why did the Bill not contain provision for at least one student on the board of the OfS? Why did it require vigorous argument by the Opposition in Committee in the other place before the Government came up with a rather weak amendment to Schedule 2 providing for the OfS board merely to,
“have regard to the desirability of”,
someone with,
“experience of representing or promoting the interests of individual students”.
It does not provide for such representation; it just says that it is desirable.
In that context, the name “Office for Students” is not without some irony. It is certainly inappropriate because it is a misnomer. If the Minister wants the amendment to be withdrawn, it is incumbent on him and his Government to come up with a name that more accurately reflects the duties that the body is about to assume.
Viscount Younger of Leckie (Con)
My Lords, I appreciate having a further short debate on this matter, but I find it a little ironic how in Committee many noble Lords sought to omit “standards” from the Bill, but now this amendment would add “standards” to it. I would argue that the name relates to the OfS’s core functions and purpose. In response to concerns that the mission of the Office for Students is not sufficiently focused on the interests of students to merit its name, let me assure noble Lords that the Bill places a clear duty on the OfS to consider the interests of students in every aspect of its operations.
The OfS has duties to have regard to the need to promote greater choice and opportunities for students and to encourage competition between higher education providers where this is in the interests of students and employers. It is therefore entirely appropriate that the body should be called the Office for Students—dreary or not—and that its title should signal the fundamental refocusing of the regulatory system towards the student interest which the reforms are intended to bring about.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieWednesday 25th January 2017
(7 years, 10 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 76-VI Sixth marshalled list for Committee (PDF, 214KB) - (23 Jan 2017)
Viscount Younger of Leckie
I thank all noble Lords who have raised these important issues. I agree immediately with the noble Lord, Lord Willis, about the importance and quality of data. I will make one overarching point, in the interest of brevity, before addressing individual amendments. We are not seeking to determine in the Bill exactly which data must be collected or exactly who must be consulted. Data requirements and needs evolve over time, and the body needs to maintain the ability to adapt to changes.
In response to comments made by the noble Lord, Lord Watson, I appreciate what he said. We do not feel it is appropriate, for example, to specify workforce data when all other data will—very importantly—be agreed under the duty to consult. The relevant body will have the duties to plan data publication in conjunction with the full range of interested parties, with sufficient flexibility to take a responsive approach.
Turning to Amendments 376, 377 and 383, given the OFS’s duty to have regard to the need to promote greater choice and opportunities for students, just to reassure my noble friend Lord Lucas, there is, to my mind, no question that under Clause 59(5), considering the needs of people thinking about undertaking higher education courses must include considering what would be helpful to prospective and potential students from a diverse range of backgrounds.
In considering Amendments 368, 379, 384, 396 and 406, it is expected that the views of higher education staff will be considered as part of the voice of the sector institutions. The OfS will also have the discretion to consult persons they consider appropriate, including any relevant bodies representing the staff interests. I think the noble Lord, Lord Watson, foresaw the words that I have just spoken.
Lord Watson of Invergowrie
On that point, the Minister said that it would be “expected” of the OfS, but I do not see what could be done if it chose not to do it. I would think it was a normal thing to do, but if it is expected, why not just say that or something equivalent to it in the Bill?
Lord Watson of Invergowrie
My Lords, Amendment 471 in this group is in my name. It seeks to remove part of new Section 123B on supplementary powers of a higher education corporation in England:
“A … corporation in England has power to do anything which appears to the corporation to be necessary or expedient for the purpose of, or in connection with, the exercise of any of their principal powers”.
We want to withdraw this because we do not see why it should be necessary. It seems almost nonsensical. It is completely open ended. It would be interesting for the Minister to tell us to what he thinks it refers or might refer. I feel like coming out with a list of ridiculous examples of things that a corporation might choose to do that may be within the law and indeed within the exercise of its principal powers. I am not going to do that but just in the last few minutes we have had a couple of examples. What if a corporation decided to turn a blind eye to the sort of activities that the noble Lord, Lord Storey, outlined in terms of plagiarism and so on? What if a corporation thought, “Well, that helps our pass rates”? It is not illegal as yet—I hope it will be. In the amendment the noble Baroness, Lady Deech, just spoke to about free speech, the corporation could take action or not which may be seen to be offensive by students, staff or the public where the university or college was situated. I say to the Minister: what is this about? Why is it necessary and really should it not be deleted?
Viscount Younger of Leckie
The noble Lord has set me a task. I will keep my response suitably short, given the lateness of the hour. The Bill amends the Education Reform Act 1988 to deregulate the prescriptive statutory requirements that apply to higher education corporations in England, while ensuring that the route for FECs to achieve HEC status is kept open. The noble Baronesses, Lady Wolf and Lady Brown, suggested that research institutes should be given a similar legislative route. However, dozens of collaborative relationships exist between universities and research institutes across the country and they do not agree that these relationships are a shortcoming. For example, one such institute, the Laboratory of Molecular Biology, says on its website:
“This relationship, between the LMB and the University of Cambridge, gives our graduate students membership of two of the world’s leading research institutions”.
Further, there is no legislative barrier in this Bill that would, in principle, prevent an institution that provides supervised programmes of research embarking on the process of achieving registered higher education provider status, and ultimately seeking to gain its own degree-awarding powers, if it wished to do so and could meet the applicable requirements.
I turn to Amendment 471, spoken to by the noble Lord, Lord Watson. I begin by offering reassurance that these provisions are not new and nor do they allow a HEC to do whatever it pleases. The provision’s wording is the same as that already contained within existing legislation on HECs—specifically, Section 124(2) of the 1988 Act.
All the Bill does is remove the list of ways this power to do what is necessary or expedient can be exercised. This might include, for example, the power to supply goods and services, to enter contracts, or to acquire land or property. This list is detailed and non-exhaustive, and setting out specific powers in this way is perceived as outdated and unnecessarily restrictive. As a consequence, there is a risk that it stifles innovation and growth and slows down institutional change. It is also inconsistent with the Government’s commitment to establish a more level playing field in higher education.
We want to allow HECs the power to do anything that is necessary or expedient to further their objects, as many of their counterparts established under different corporate forms can do. For example, higher education institutions that are incorporated as companies under the Companies Act 2006 do not have their specific powers listed in legislation in this way.
I wish to reassure noble Lords that this will not give HECs an unfettered ability to do anything. A HEC’s powers must be permitted by law and exercised in furtherance of its objects. We also understand that HECs may wish to explicitly specify some or all of their powers, and they will be able to do this in their articles of government.
With that short explanation, I hope that the noble Baroness will withdraw her Amendment 470.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieMonday 23rd January 2017
(7 years, 10 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 76-VI Sixth marshalled list for Committee (PDF, 214KB) - (23 Jan 2017)
Lord Watson of Invergowrie (Lab)
My Lords, I am speaking to the proposal, in the name of my noble friend Lord Stevenson, that Clause 25 should not stand part of the Bill.
That clause refers to the Office for Students taking over HEFCE’s current administrative responsibilities to deliver the TEF on behalf of the Secretary of State. I say in passing how disappointed I am that so many in your Lordships’ House, whom I thought would come to hear this debate on TEF metrics, have now departed. Perhaps that was not the reason they were here after all. Those of us who are ploughing through the Bill until all hours of the night realise that this is an important topic. The fact that we have had so many speakers on it is a clear reflection of that.
As the Minister will be aware, there is widespread concern across the sector at the use of proxy metrics, including statistics on graduate earnings, in an exercise that was supposed to be about teaching quality. On the face of it, there is some logic to the metrics. It is difficult to imagine an excellent course, the teaching, support and assessment for which the students think are rubbish, and that a large proportion of the students do not complete; or that hardly anyone who completes it manages to find employment or get a place on a postgraduate course.
Where metrics are used, they have to be much more securely evidence-based than those suggested. Last week in Committee, our Amendments 196 and 198 would have obliged the Office for Students to assess the evidence that any proposed metric for assessing teaching quality is actually correlated to teaching quality, and ensured that, prior to making that assessment, the OfS consulted those who know first-hand what is needed to measure teaching quality: academic staff and students. The Minister did not comment on that point, so it remains one on which I should like to hear his opinion. The importance of ensuring the statistics used are reliable and evidence-based cannot be overstated. They must earn and retain the confidence of the higher education sector—and that involves academics, students and administrators.
In her Amendment 201, the noble Baroness, Lady Wolf, seeks to ensure the quality of the statistics used by the OfS, and this should be a basic requirement. I support my noble friend Lord Lipsey in questioning the validity and value of the National Student Survey. The survey merely asks students about their perceptions of teaching at their institution. By definition, these perceptions are subjective and cannot involve comparing institutions. I heard what the noble Lord, Lord Willetts, said, when he suggested that similar institutions could be compared in terms of their ethnic make-up and students’ economic background. That kind of benchmarking sounds improbable at best because, even if suitable comparators could be found, the question is, how would the outcome be weighted?
It sounds as though gold, silver and bronze categories would be created before the metrics had even been measured. As I said, that sounds improbable to me, and I agree with the noble Baroness, Lady Wolf, that benchmarking is surely not the answer. Linking institutions’ reputations to student satisfaction is likely to encourage academics to mark more generously and, perhaps, even avoid designing difficult, more challenging courses.
With academics increasingly held accountable for students’ learning outcomes, students’ sense of responsibility for their own learning—something I thought was a core aspect of higher education—will surely diminish. We are now entering an era where students dissatisfied with their grades can sue their universities. Improbable as that sounds, only last week the High Court ruled that Oxford University had a case to answer, in response to a former student who alleged that what he termed “boring” and “appallingly bad” teaching cost him a first-class degree and the opportunity of higher earnings.
This may be the shape of things to come. Last year, nearly 2,000 complaints were made by students to the higher education Ombudsman, often concerning contested degree results. Nearly a quarter were upheld, which led to universities being ordered to pay almost £500,000 in compensation. Does anyone seriously believe that the introduction of the TEF metrics will lead to a reduction in such complaints?
Metrics used to form university rankings are likely to reveal more about the history and prestige of those institutions than the quality of teaching that students experience there. The Office for National Statistics report, on the basis of which the TEF is being taken forward, made it clear that they were told which metrics to evaluate, leading to the conclusion that these metrics were selected simply because the data were available to produce them. It is widely acknowledged that students’ experience in their first year is key in shaping what they gain from their time at university, yet the focus of the proposed metrics, of course, is mainly on students’ experiences in their final year and after graduation.
The ONS report was clear that the differences between institutions’ scores on the metrics tend to be narrow and not significant. So the majority of the judgment about who is designated gold, silver or bronze will actually be based on the additional evidence provided by institutions. In other words, an exercise that is supposedly metrics-driven will in fact be decided largely by the TEF panels, which is, by any other description, peer review.
Although the Minister spoke last week about how the TEF would develop to measure performance at departmental level, the ONS report suggested that the data underpinning the metrics would not be robust enough to support a future subject-level TEF. Perhaps the Minister can clarify why he believes that this will not be the case—the quality of courses in a single university tend to be as variable as the quality of courses between institutions. As I said in Committee last week, this would also mean that students’ fees were not directly related to the quality of the course they were studying. A student at a university rated gold or silver would be asked to pay an enhanced tuition fee, even if their course at that university was actually below standard—a fact that was disguised in the institution’s overall rating.
Learning gain—or value added—has been suggested as an alternative, perhaps better, measure of teaching quality and is being explored in other countries. At a basic level, this measure looks at the relationship between the qualifications and skills level a student has when starting their degree programme, compared to when they finish—in other words, a proper, reliable means of assessing what someone has gained from their course of study.
The BIS Select Committee report on the TEF metrics published last year recommended that priority should be given to the establishment of potentially viable metrics relating to learning gain. I hope the Minister will have something positive to say on that today, or, failing that, on Report. We do not believe that the metrics as currently proposed are fit for purpose; more importantly, nor do many of those within the sector who will be directly involved with the TEF. That should be a matter of some concern for the Minister, for his colleague the Minister for Universities and Science, and indeed for the Government as a whole.
Viscount Younger of Leckie (Con)
My Lords, when we last met, and as the noble Lord, Lord Lipsey, said, we had a useful and wide-ranging debate on the TEF, and I value a further debate on this important subject.
The Conservative manifesto committed that we will,
“introduce a framework to recognise universities offering the highest teaching quality”.
During last Wednesday’s debate, I was pleased that, as the noble Lord, Lord Watson, noted, all noble Lords who spoke were in favour of improving teaching quality and of having a teaching excellence framework in some form.
Before discussing the specific issues raised today, I should like to clear up what appear to be some misapprehensions about how the TEF will operate. Before doing so, I should say that I will write to the noble Baroness, Lady Wolf, who raised a number of detailed points. I think it is best if I address those specific points in another letter. I should reassure noble Lords that I have just signed a letter relating to our previous day in Committee, and that should arrive on their doorsteps shortly.
It is important that when we discuss the TEF we do so in the context of the framework that has been set out, in detail, by the Government. To be clear, this framework has been designed over the past year and a half with the sector, through two consultations, and using the input of experts such as HESA and the ONS.
First, the TEF is not only—not even primarily—about the NSS, as I think the noble Lord, Lord Lipsey, acknowledges. The NSS is just one of three principal sources of metrics data being used, and we have explicitly said that the NSS metrics are the least important.
Secondly, the TEF is about much more than metrics. Providers submit additional evidence alongside their metrics, and this evidence will be given significant weight by the panel. The work of the panel will be driven as much by judgment as by metrics, ensuring that the distinctive character of institutions, as well as the diversity of missions and approaches across the sector, are recognised in the ratings awarded. Furthermore, final decisions on TEF ratings will be taken by a peer review panel, not by Ministers or civil servants.
We also consider it vital that judgments are based on a combination of core metrics, with additional and qualitative evidence, wedded together by expert peer judgment. It is for providers to determine what and how to teach, and excellent teaching can take many forms. However, great-quality teaching, defined broadly, increases the likelihood of good outcomes. In our consultation, over 70% of those who responded welcomed our approach to contextualising the data and provider submission.
I reassure noble Lords that we are not naive about the use of metrics. Chris Husbands, the TEF chair, has noted that the approach that the TEF takes is realistic about the difficulty of assessing teaching quality. He said:
“It does not pretend to be a direct audit of the quality of teaching. Instead, it uses a range of evidence to construct a framework within which to make an assessment—looking at a range of data on teaching quality, learning environments and student outcomes”.
Turning to Amendments 187, 197 and 190, that is why the development of the TEF, including metrics, is a phased process of development. Our consultation on the metrics included a table of the potential unintended consequences and our proposed mitigations. We will continue to collaborate and work with the sector to make further improvements, learning lessons from the initial, trial year. The aim is to instil and gain the confidence of the sector, and I believe we have made a very positive start. As Dame Julia Goodfellow, president of Universities UK, said:
“The government’s response to the Teaching Excellence Framework consultation demonstrates that it has consulted and listened to the university sector”.
I am concerned that some of the amendments in this group add a level of process which could reduce the incentive to make further changes to the scheme or the metrics by requiring that they are laid before Parliament as they change. This reduction in flexibility is not required by other schemes supported by many noble Lords, such as the research excellence framework.
I now turn to amendments to prohibit the use of the National Student Survey. We are listening carefully to concerns on the NSS, but we cannot ignore the only credible, widely used metric that captures students’ views. We are not using the general satisfaction ratings in the TEF; rather, we are using specific questions related to teaching quality. My noble friend Lord Willetts highlighted that point. However, as the noble Lord, Lord Lipsey, acknowledges, we recognise the limitations of the NSS and have taken steps to mitigate these, including directing TEF assessors not to overweight the three NSS-based metrics and making them aware that NSS scores can be inversely correlated with stretch and rigour. Looking at three years-worth of data will mitigate concerns about the effects on small providers. It will also help to address the concerns of the noble Lord, Lord Lipsey, about spikes created by a non-response. The need for care when interpreting results for small providers has been drawn to the attention of the TEF assessors. However, overall the panel will be encouraged in its assessment to reward and recognise quality wherever it finds it, without being bound by guideline distributions of gold, silver and bronze.
Lord Watson of Invergowrie
My Lords, the Minister said there are no quotas, but unless my memory fails me, when we discussed the TEF, he said he thought that gold and bronze would have roughly 20% each and the rest would be what he termed “in the middle”. I understand that they are not firm quotas, but it seems that the Government have a fairly clear idea of what they expect the outcome to be.
Viscount Younger of Leckie
I will have to check Hansard, but I believe I was speaking about the current system and how it is working now. I should stress that there is no quota and it could well be that these percentages are different when operated under the TEF. There is no particular expectation. I believe I was answering the question about how it might be likely to be very different.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieMonday 23rd January 2017
(7 years, 10 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 76-VI Sixth marshalled list for Committee (PDF, 214KB) - (23 Jan 2017)
Lord Watson of Invergowrie (Lab)
My Lords, I shall speak to Amendment 266, in the name of my noble friend Lord Stevenson, which I am pleased to hear that the noble Lord, Lord Lisvane, liked. Indeed, given the comprehensive manner in which he opened the debate, I have little to add.
Clause 40(10) provides for the OfS’s power to make an order authorising degree-awarding powers to be exercisable by statutory instrument. As the noble Lord, Lord Lisvane, said, it is unusual, to say the least, for the power to make statutory instruments to be conferred on organisations or people other than Ministers. I hope the Minister can explain to noble Lords why this departure from accepted practice is justified.
Amendment 266 would require the statutory instrument first to be approved and made by the Privy Council as an Order in Council. Many universities have degree-awarding powers that were awarded by the Privy Council, so the question for the Minister and the Government is: why take that away? In this amendment we are not asking the Minister to do something; we are asking him not to do something. We say that there have been no examples of universities clamouring for change, so why not leave things as they are?
My noble friend Lord Stevenson will speak in more detail about the Privy Council on a later group, but I want to stress now that it is an independent body, completely impartial and well respected. That is something not to be cast aside lightly. This is the established process for introducing new universities, and the current system has worked well over many years. We do not believe the case for such a radical change as handing all powers to the OfS has been made, but if the Privy Council is to be replaced, its replacement should be as rigorous as the Privy Council, and at least capable of building a reputation as strong as its reputation. The OfS cannot as things stand, and may not ever, achieve that status. It is essential to ensure scrutiny by the Privy Council of the power to grant awards.
The noble Lord, Lord Lisvane, as a member of the Delegated Powers and Regulatory Reform Committee, understandably quoted from that committee’s report on this part of the Bill. He commented, I think, on paragraph 30; I want to highlight what the committee said in paragraph 28, commenting on Clause 43, which enables the OfS by order to vary or revoke degree-awarding powers. Although exercised by statutory instrument, these powers would not be subject to parliamentary scrutiny. The DfE had sought to justify this to the committee, but the committee’s response was unequivocal. Paragraph 28 says:
“We are not in the least convinced by the Department’s reasons. We do not believe that the requirement for detailed consideration by the OfS, and the existence of a detailed procedure including rights of appeal, are incompatible with an order under clause 43 being subject to Parliamentary scrutiny … There is nothing on the face of clause 43 which limits the way in which the OfS is able to exercise the powers, leaving it wholly to the discretion of the OfS when and in what circumstances the powers should be exercised. We therefore recommend that the powers should be subject to Parliamentary scrutiny and that the affirmative procedure should apply”.
There is nothing I can add to that—an opinion reached after due deliberation by a committee with no political axe to grind. I imagine the Minister may feel more than a little uncomfortable at the fact that he and his department are effectively ignoring the judgment of noble Lords. They do not deliver such verdicts lightly, and I believe that the Minister and his team need to revisit the report and reconsider their position on the manner in which the OfS is to be permitted to act on varying or revoking institutions’ degree-awarding powers.
Viscount Younger of Leckie
My Lords, my noble friend Lady Goldie has asked me to apologise to the Committee as she has succumbed to her bad cold and I will be in the hot seat for the rest of the evening.
I entirely agree that we need to ensure that the processes around the award, variation and revocation of degree-awarding powers and the award and revocation of university title are sound and fit for purpose. I will explain why we believe the Bill does just that. However, we will continue to listen and reflect on whether there are further improvements that we can make to these processes. I say that at the outset.
I shall deal with the amendments to Clause 40. At the moment, we have a lengthy process for the award of degree-awarding powers, which involves the Privy Council seeking advice from the department, which in turn seeks advice from HEFCE and the QAA. This is unduly complex, and through our reforms we are seeking to streamline the process without lowering standards. This is why, under our plans, the OfS would run the whole process from application through to award. Decisions on degree-awarding powers would be taken by the OfS, as an independent, arm’s-length body, on the basis of published criteria set out in guidance, and should be made after having consulted relevant bodies such as the designated quality body. It is therefore only logical that the OfS would also make the order that grants degree-awarding powers. Adding the Secretary of State or Privy Council approval would, under the new regime, have little benefit other than complicating the process.
I turn to the amendments that would ensure that orders varying or revoking degree-awarding powers and revoking university title have to be made by the Secretary of State, who would also deal with the processes of variation and revocation. Giving order-making powers to persons and bodies other than the Secretary of State or the Privy Council is not unprecedented—for example, Ofcom has order and regulation-making powers. The OfS, as an independent regulator, is best placed to make an assessment as to whether degree-awarding powers or university title should be awarded, varied or revoked. It will have much better insight into the provider in question and the sector as a whole than the Secretary of State ever could. Therefore, our intention is that these decisions are taken by the OfS on the basis of published criteria set out in guidance, the detail of which the department intends to consult on.
Let me provide some further reassurance that these powers are not intended for everyday use. We intend that the OfS and the new quality body will work with providers to address any emerging problems early on. Removal of degree-awarding powers or university title is therefore likely to be a rarely used, but necessary, safeguard for quality in the system. In addition, the OfS would always, in accordance with its general duties listed in Clause 2, have regard to important factors, which includes the need to promote quality. These are additional safeguards to ensure that the OfS’s powers are not abused. Any decision to subsequently revoke degree-awarding powers or university title will be regulatory decisions. We think it is right that they should be taken by the regulator, not a Minister. However, we recognise the significance of these powers and have therefore made sure that there are appropriate safeguards in place. These are set out in Clauses 44, 45, 54 and 55. They include the OfS having to notify the provider of its intentions and to give reasons; the OfS having to give the provider a chance to respond and take account of that response before making a decision; and, as the Committee will know, a right of appeal to the First-tier Tribunal. This safeguards against any undue interference with the institutions’ autonomy. We believe that an appeal to the First-tier Tribunal provides for the most independent review of a case.
I address a point raised by the noble Lord, Lord Lisvane, about providers with royal charters. I will explain how the process would work in that case. We do not envisage a scenario where the use of powers in Clause 110 would result in the revocation of an entire royal charter which established the institution. The Secretary of State can amend royal charters where appropriate so that the charters operate smoothly, but only where they reflect any changes made by the OfS to degree-awarding powers or university title contained in the royal charter—for example, a revocation of university title. This is not a general power to amend but must be linked to changes made by the OfS in relation to degree-awarding powers and university title. Importantly, I reassure noble Lords that any amendments or revocations made by the Secretary of State would be subject to parliamentary scrutiny via the affirmative procedure, which I think, and hope, that the noble Lord, Lord Lisvane, mentioned and acknowledged. If we were to introduce parliamentary scrutiny for the orders on top of this already very strong, but also lengthy process of appeals, as suggested by Amendments 511 and 512, we would further delay the implementation of any decision, and thus potentially put students at risk. It would also introduce unnecessary complexity into the system: how would parliamentary scrutiny work alongside an appeals process and what if they reached different conclusions? Again, I emphasise that we have designed the processes in such a way that there is no need for Ministers to get involved. It will be a regulatory process, instigated by the regulator and decided by the independent judiciary.
While I understand the intention behind these amendments, I believe that the controls and protections in place are adequate and therefore the amendments are not necessary. However, as I said at the beginning, I will reflect on any further improvements that could be made. In the meantime, I ask the noble Lord to withdraw the amendment.
Lord Watson of Invergowrie
I understand that the Minister will reflect on this, and no doubt the department is preparing its response to the Delegated Powers Committee’s report. I wonder whether the Minister will take the content of this short debate and feed it into that process, so that it might carry some weight in deciding the government position.
Viscount Younger of Leckie
Indeed, the noble Lord makes a good point. I am sure that will be taken into account in terms of any further improvements we might wish to make.
Viscount Younger of Leckie
I note the point the noble Lord, Lord Adonis, has made and that will definitely be part of our general reflection.
I now turn to the processes and safeguards. The OfS, as an independent regulator, will be best placed to make decisions on whether to vary or revoke an authorisation to grant awards or revoke a university title. However, there is a statutory process that must be followed. Clauses 44 and 54 provide that the OfS give appropriate notice to the governing body of the provider, set out its reasons why it considers it necessary to take the step of variation or revocation and must have regard to any representations made by the provider before proceeding. I agree that the OfS should be able to draw on all relevant information, including from other parties. Clause 58 enables that already.
Turning to Amendments 282 and 347A, we want to move to a system where quality, rather than the age of an institution, will be the yardstick and where the OfS has powers to vary or revoke degree-awarding powers and to revoke the university title of any institution, no matter how they were obtained. This is essential to achieve a level playing field among providers.
Amendment 282 would unlevel the playing field for revocation of degree-awarding powers. We included a right of appeal for any revocation decision because we felt that this was the most appropriate and independent review, and that it would therefore be the best way to safeguard the interests of the provider, including its institutional autonomy. An appeal to the First-tier Tribunal is an opportunity for a provider to present evidence to support its case. It provides for a politically neutral and objective judgment of the merits of the case. I see the logic behind these amendments and we value the expertise of Parliament, as well as the important scrutiny functions. However, on matters of regulation, we believe such scrutiny and safeguards are better provided by the courts, rather than by Parliament. The regulatory framework will apply to all providers equally. If we accept this principle when it comes to other rights and obligations, I find it difficult to justify treating a provider that got its degree-awarding powers in the 1970s—such as the University of Buckingham, for example—differently from one that gets them in 2020.
Before I finish, let me briefly address the amendment of the noble Lord, Lord Judd, which would allow for appeals against unsuccessful degree-awarding power applications. There currently is no such provision and the appeals provision in the Bill has been drafted to cover scenarios where the OfS makes a decision that deprives providers of a status or powers, or imposes a monetary penalty. I can provide some reassurance: we expect that there will continue to be internal complaints mechanisms similar to those run by the QAA at present. The amendment is therefore not needed.
I am afraid there is no time to address the thoughtful points raised by the noble Lord, Lord Judd, on the path universities are travelling down. I say only that there is undeniably an important, international market where we are in the business of attracting students who realise that they have a choice. We have to be realistic and remember that.
As I said, we appreciate the need to get the safeguards right. While we feel we have struck the right balance, we will continue to reflect on any areas of improvement. In the meantime, I ask the noble Lord, Lord Watson, to withdraw Amendment 282.
Lord Watson of Invergowrie
My Lords, I thank the noble Viscount for his response and noble Lords who have participated in this short debate. It has been quite lively, with some interesting points made. On the points made by my noble friend Lord Liddle that the OfS should set out its reasons, allowing Parliament to debate its report annually, there seems to be no rational reason why that should not occur, because it does for several other regulators—although, is the OfS a regulator? That debate is continuing. I heard the noble Viscount say that he will consider that and we will return on Report, but whether the reports would be dull or refer to events that had happened frequently is not quite the point. We are all grateful to my noble friend Lord Adonis for drawing attention to Schedule 1’s requirement for an OfS report and welcome the Minister’s willingness to consider that before we move on to Report.
The noble Viscount—a man we are increasingly coming to recognise as the man of letters—said that Amendment 282 would “unlevel the playing field”. I am not sure whether that is a new verb added to our language, but none the less, as I understand it that compares existing providers with new arrivals. I do not see that it would necessarily do that. He mentioned the University of Buckingham. Yes, that has been there some 50 years outwith the system, because it was not part of the mainstream for many years, but the argument we had on the new providers needs to be separated from the situation of those that have held degree-awarding powers for a long time, rather than those that have recently got them and may be deprived of them for good reason, inasmuch as it could be said they should not have had them in the first place. That may be correcting an award that was done earlier than would have been appropriate.
The internal complaints mechanism to which the noble Viscount referred also needs to be looked at again. He said in response to my noble friend Lord Judd that there is an appeal provision against the decision of the OfS to vary or revoke degree-awarding powers, but not for those trying to have those powers granted. This impacts on a discussion we had earlier when the noble Viscount used terminology along the lines of, “It’s different if they’re in the system”, as opposed to being outside, and that they have to be treated differently if they already have the powers, as opposed to just seeking them. There is a basic justice issue there of an individual or organisation having the right to appeal against a decision that affects them adversely. A provider without degree-awarding powers would by definition not be part of the internal complaints mechanism to which the noble Viscount referred. I do not think he has answered my noble friend’s point. Again, I am sure this is something to which we will want to return on Report.
I welcome the fact that the noble Viscount has taken on board the points made. I look forward to returning to them. On that basis, I beg leave to withdraw the amendment.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieMonday 23rd January 2017
(7 years, 10 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 76-VI Sixth marshalled list for Committee (PDF, 214KB) - (23 Jan 2017)
Lord Watson of Invergowrie (Lab)
My Lords, as the noble Baroness, Lady Wolf, set out very clearly, her amendment would allow the OfS to place,
“quantitative restrictions on the number of new students that the provider may enrol”,
if it has,
“reasonable grounds for believing that a registered higher education provider is in breach of an ongoing registration condition with respect to the quality of the higher education provided … or to its ability to implement a student protection plan”.
She went into some interesting and rather unfortunate detail about what can happen when colleges or providers get into serious difficulty.
The amendment has echoes of Amendment 142, moved by the noble Lord, Lord Lisvane, last week, which sought to replace the words,
“it appears to the OfS”,
with,
“the OfS has reasonable grounds for believing”,
relating to the power to impose monetary penalties in Clause 15. Restrictions on new students would be a new power following the provisions of Clause 15. In effect, it is another form of monetary penalty, which we support in principle, although we would be concerned if it were left open-ended. As soon as a breach is shown to have been brought to a conclusion, we believe the restriction should be lifted so as not to harm existing students, who are blameless but could be affected—as the noble Baroness, Lady Wolf, graphically explained—to their detriment through the institution either being closed, or having fewer resources.
I read closely the Minister’s response to the noble Lord, Lord Lisvane, from our debates on Wednesday. I cannot say that he made a convincing case for rejecting the rather stronger words in that amendment. He basically stated that as the wording in the Bill is used in other legislation—he quoted the apprenticeships Act of 2009—there was therefore no reason to change it. He did not come up with any other reason, despite the noble Lord, Lord Lisvane, saying in moving the amendment that “it appears to” was but one of the options available and one of the lower ones at that.
Although the words “it appears to” are used in other pieces of legislation, few use the formulation in the context of a decision to take enforcement action, which is what raises concern with this Bill. The noble Lord, Lord Lisvane, stressed that the aim was to raise the legal threshold before the OfS was entitled to take action. In doing so, he was supported by the noble and learned Lord, Lord Judge, one of whose cases was quoted. It seems at least odd that the Government feel that their lawyers, who I suggest probably do not have the noble and learned Lord’s expertise and experience, know better on this matter. The same applies to some extent to the amendment in the name of the noble Baroness, Lady Wolf. Having had time to reflect, perhaps the Minister will—if not today, before Report—come to the view that it is appropriate to raise the standard required of the OfS in such situations.
Viscount Younger of Leckie (Con)
My Lords, the Bill creates the conditions to improve the overall quality and diversity of the higher education sector, creating a level playing field through a risk-based approach to regulation. Clause 6 enables the OfS to impose specific, ongoing registration conditions on a provider. The practical effect of this is that the OfS will assess the compliance of all higher education providers with the appropriate conditions and will adjust its regulatory approach accordingly. This is central to the risk-based approach to regulation that the OfS is being established to provide.
In practice, we envisage that, if the OfS considers that an institution or an element of an institution, such as its financial sustainability, poses a particularly high risk, it can add, change or tailor the registration conditions applicable to that provider to address that risk. I hope I can reassure noble Lords that the Bill already provides for the OfS to set a student number control condition in cases where it is appropriate and proportionate; for example, an institution that the OfS considers may be in breach of registration conditions that relate to quality of provision could have a student number control imposed by the OfS as an additional specific registration condition, if the OfS believes that such action is reasonable and proportionate. The OfS may also exercise this power if it considers that there is a risk that the provider is recruiting more students than its student protection plan can properly cater for.
I am in complete agreement with the noble Baronesses, Lady Wolf and Lady Garden, about the importance of providing the OfS with the tools it needs to ensure the quality of higher education provision. However, given the powers already conferred on the OfS through Clause 6, it is unnecessary to include in the Bill one example of the conditions that could be imposed. Indeed, including one example of such a condition might appear to exclude other conditions which might be more appropriate in the circumstances of a particular provider, including those which have no plans to increase their student numbers. However, I appreciate the noble Baroness, Lady Wolf, raising this and I hope I can provide some further reassurance for her, focusing particularly on overseas providers, which she mentioned. Our plans will speed up and streamline process without lowering standards. In order to become eligible for degree-awarding powers, any provider must register and pass rigorous entry requirements. It is a high bar which only high-quality providers will be able to meet. We welcome overseas providers which meet this test increasing choice for students. Providers that cannot meet the rigorous entry criteria will not be able to become registered or obtain access to degree-awarding powers or university title.
The noble Baroness, Lady Wolf, asked what sanctions are available to the OfS. I start by saying that the best principles of regulatory practice will be adhered to. These include transparency, accountability, proportionality, consistency and, where issues are targeted, targeting only cases where action is needed. Specifically, the escalated suite of actions and sanctions available to the OfS includes: putting in place a support strategy or issuing a direction for a provider to take specified actions; imposing additional specific ongoing registration conditions—for example, as I mentioned earlier, student number controls; or imposing a monetary penalty. We envisage that most often this will be used where a breach has occurred but has now been remedied, but it can also be used alongside a suspension. Also—and by the way, this is as a last resort—the OfS can order deregistration. To further reassure the noble Baroness, this will be where all other efforts have failed or it is clear that imposing monetary penalties or suspensions will simply not be sufficient to deal with the provider. I hope that, with those reassurances, the noble Baroness will withdraw her amendment.
Higher Education and Research Bill
Debate between Viscount Younger of Leckie and Lord Watson of InvergowrieWednesday 18th January 2017
(7 years, 11 months ago)
Lords ChamberRead Full debate Higher Education and Research Act 2017 View all Higher Education and Research Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 76-IV(b) Amendments for Committee, supplementary to the fourth marshalled list (PDF, 71KB) - (18 Jan 2017)
Lord Watson of Invergowrie
My Lords, I do not rise to add anything to the remarks of the noble Lord, Lord Lisvane, and the noble and learned Lord, Lord Judge—I am not able to do so; the points they make sound very sensible and backed up with legal opinion. I hope that the Minister will take them on board. I rise on an amendment on which I and my colleagues have no involvement to make the more general point that I am sure that the Minister is going to say, “This is all very well, it sounds fine, but it’s not necessary—in the best of all worlds it will all be fine”. It is getting very tiresome. This is not the way in which legislation is meant to progress in your Lordships’ House. There have been absolutely zero concessions so far from the Government since the Bill came to your Lordships’ House. It is inconceivable that anyone outside looking in would accept that every amendment put forward is unnecessary or does not fit in with the Bill. That cannot be the case. I say in all good faith to the noble Viscount the Minister—and to the noble Baroness the Minister—that I am not making a political point as it is not one of my amendments but, with so many amendments on this Bill, they cannot all simply be turned down flat. I hope that he will bear that in mind, if not on this group of amendments then as we move forward.
Viscount Younger of Leckie
I shall address the points raised by the noble Lord directly. He will know that we are and have been listening and that I gave some very warm words on certain amendments on the previous day in Committee. I therefore ask him to take back that point. I think that it is uncalled for, if I may say so.
I want to be brief in responding to this group of amendments. I thank the noble Lord, Lord Lisvane, and the noble and learned Lord, Lord Judge, for raising these issues. I will be brief, as they were. The Bill states that the OfS may take these actions if it appears to the OfS that a breach of conditions has occurred. While I understand and respect the honourable intentions of noble Lords here, this test is used in other legislation, as I have mentioned before. For example, under Section 151(1)(a) of the Apprenticeships, Skills, Children and Learning Act 2009, Ofqual may impose monetary penalties on a body that it has recognised for the purpose of awarding or authenticating certain qualifications where,
“it appears to Ofqual … that a … body has failed … to comply with any condition to which the recognition is subject”.
This provision has been in force since 1 May 2012.
It is also the case that the usual public law considerations will apply so that the OfS may be legally challenged if it acts irrationally or unreasonably or fails to follow the proper procedure. The OfS, as a public body, must at all times act reasonably and proportionately in accordance with public law when exercising its powers. In addition, before suspending a registration, imposing a penalty or deregistering a higher education provider, the OfS must give the reasons for the action. Decisions to deregister or to impose a penalty are subject to appeal to the First-tier Tribunal. So it is my belief that,
“it appears to the OfS”,
requires the OfS to make a judgment and take responsibility for its decisions—and that, we believe, is the right approach. The OfS is obliged under Clause 2(1)(f) to regulate in a,
“transparent, accountable, proportionate and consistent”,
way. It is in all of our interests to want a more engaged OfS applying its judgment flexibly and sensibly. And Clause 2 of the Bill is relevant here too—making it clear that the OfS must follow the principles of best regulatory practice, including that its regulatory activities should be,
“transparent, accountable, proportionate and consistent, and … targeted only at cases in which action is needed”.
I think it is best that I write in full on the points raised by the noble Lord, Lord Lisvane, when he spoke to Amendment 159. Therefore, without further ado, I ask the noble Lord to withdraw Amendment 142.
Private Colleges
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(7 years, 11 months ago)
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Viscount Younger of Leckie
The main point to make, as we take these reforms through and provide a framework for new alternative providers to set up, is that we will look at the importance of quality and not just quantity. New providers and increased competition in the system should improve the capacity and agility of the higher education sector as well as encouraging innovation to transform its ability to respond to economic demands.
Lord Watson of Invergowrie (Lab)
My Lords, the Higher Education and Research Bill to which the Minister has referred is currently before your Lordships’ House. It is causing concern because of the manner in which many new private higher education institutions could be allowed to enter the sector. There are already several well-established private higher education institutions that work to widen access to higher education. Even though they do not have degree-awarding powers, they are rigorously regulated by the Quality Assurance Agency for Higher Education. Does the Minister not accept that the proposal to allow new private higher education institutions to have degree-awarding powers from day one represents an unwarranted risk which could see students being offered a standard of education that is at best problematic?
Viscount Younger of Leckie
There is a balance to be struck here. We are very keen to encourage the setting up of new providers, examples of which include Ravensbourne College in east London and the Condé Nast College of Fashion and Design, but the key point that he is really alluding to is quality. If new providers are setting up and are given provision for degree-awarding powers from day one, it is critical that the quality conditions are met. Perhaps I may reassure the noble Lord that the bar for these conditions is set very high.
Technical Education and Apprenticeships
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(8 years ago)
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Viscount Younger of Leckie
That is a good point. It is very much up to schools to make those decisions but, again, as part of our campaign—our PR—we are encouraging schools in what they do to give advice on careers in general. This is very much part of it.
Lord Watson of Invergowrie (Lab)
My Lords, employers spend some £3 billion each year on training but only about 15% of that works its way through to further education colleges. Now the Government are poised to make another £350 million of cuts to the adult skills budget, which will impact on part-time and adult learners at FE colleges. If the Government really are committed—as I believe they are—to widening access to and participation in technical and vocational education, what action does the Minister intend to take to promote the importance of the further education college sector and encourage more employers to use it?
Viscount Younger of Leckie
One of the initiatives—there are several—is that we will be setting up, by April 2017, an institute for apprenticeships. The aim will be to have an employer-led approach to ensure that there are more apprenticeships. I think the House will know that we aim to set up 3 million over this Parliament. Also, through the Technical and Further Education Bill, we are extending the remit of the apprenticeship institute to cover college-based, technical education from April 2018.
Grammar Schools
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie(8 years, 2 months ago)
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Viscount Younger of Leckie
I realised that we would probably have a dispute at some point about not only the statistics but the ideological angles that we take.
The most recent research by the Educational Policy Institute indicates a positive impact of around a third of a GCSE grade higher in each of the eight subjects. Even when we take the higher-ability intakes into account, we see that pupils still perform better in selective schools than in non-selective schools. I can assure the noble Lords, Lord Giddens and Lord Cashman, that the consultation focuses on how selective schools can contribute more to ensuring greater social mobility.
A number of studies have found that selective schools are particularly beneficial for the pupils from disadvantaged families who attend them, closing the attainment gap to almost zero. Indeed, one study found the educational gain from attending a grammar school to be around twice as high, of seven to eight GCSE grades, for pupils eligible for free schools meals as for all pupils—around 3.5 grades.
While it is hard to determine the real impact of selection on those who do not attend selective schools, the Sutton Trust found no evidence of an adverse effect on their GCSE performance, while others found small adverse effects. Nevertheless, this is evidence based on the selective school system as it currently operates.
Selective schools could contribute in a number of ways, sharing expertise and resources, assisting with teaching and curriculum support, and providing support with university applications. The Government’s proposals intend to make grammar schools engines of academic and social achievement for all pupils, whether they are in selective or non-selective schools.
The right reverend Prelate the Bishop of Norwich asked about the parameters of funding for the new opportunity areas, as Norwich is one of the first that we have announced. We will make available up to £60 million of new funding to support targeted local work in the opportunity areas to address the biggest challenges that each area faces. We expect it to be used to fund local, evidence-based programmes, and local project management and evaluation.
I can assure the noble Lord, Lord Cashman, that any proposal to remove the 50% cap on faith admissions for faith schools will include proposals to ensure that they promote inclusivity and community cohesion. The noble Lord, Lord Liddle, raised a point about plans for existing schools to become selective in a planned manner. I can assure him that the consultation asks for views on how existing non-selective schools should become selective. The Secretary of State will also take account of the impact on local communities when deciding which proposals to approve.
The noble Baroness, Lady Andrews, and the noble Lord, Lord Bragg, asked why London schools appear to be successful without selection. There are a number of reasons why London schools have improved in recent years, but there is no evidence to demonstrate that a lack of selective schools is one of them.
The noble Lord, Lord Addington, referred to special needs and the need for more teacher training in SEND. In July 2016, the Government published a new framework of core content for initial teacher training, developed by Stephen Munday’s expert group.
I believe that I am running out of time. I have a few more questions that I would prefer to answer, but I fear that I will have to call a halt. I will certainly write to all noble Lords who have raised questions and review in Hansard what I and others have said.
Viscount Younger of Leckie
The three minutes is for the noble Baroness, Lady Andrews, to reply.
Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013
Debate between Viscount Younger of Leckie and Lord Watson of Invergowrie
Viscount Younger of Leckie
I would not take that track at all. I was merely making the point that if the consultation period is reduced from 90 to 45 days, there is obviously a reduction in costs in terms of the salaries that are paid out to employees who are made redundant more quickly if that is the case. Equally, another figure could be included, because employees might move on more quickly anyway. The answer is that I am more than happy to give the noble Lord, who clearly understands this exercise by this issue, a full answer in writing and to give the figure in more depth, but the £300 million figure is the one that we have.
Lord Watson of Invergowrie
Further to the point raised by my noble friend Lord Lea, the impact assessment says about benefits, particularly at this stage, that the current estimate of the reduction in wage costs would be £290 million at what is termed Option 2(a)—a reduction to 30 days. It says that a reduction to 45 days would make the impact lower,
“but it is not possible to quantify the difference”.
I ask the Minister why not. If it is possible to calculate a ceiling of £290 million from roughly reducing the period from 90 days to 30, which is two-thirds, why is not possible to say what the effect is of reducing that period from 90 days to 45, which of course is a 50% reduction? It seems to me that if you can do one, you must be able to do the other.
Viscount Younger of Leckie
As I say, I will address this question in much more depth later, but let me give a slightly extended answer to the question on pay. The committee argues that employees are unlikely to be predisposed to viewing the new regime favourably because the impact assessment assesses that the changes would mean a reduction in pay across affected employees of £250 million per annum. This does not mean that the individuals lose out on this money. This is the amount of money that the current employer will not pay to affected employees. In practice, employees will almost certainly move to other employment, which is the point that I made earlier.
The Government acknowledge that the proposed changes could result in a small increase in the number of employees seeking jobseeker’s allowance, but we do not see a direct link between the length of the consultation period and the amount of time an individual will take to find a new job. Each case is different. There are many other factors here, including the point at which an individual starts job hunting. The Government can see a considerable advantage for the employee in the new regime, because it proffers certainty sooner, which is the point that I made earlier, not only for those who end up losing their jobs but for those who remain. It is important to remember that the individuals remaining are typically more significant in number than those who depart.
In conclusion, the changes that this order will make are needed to ensure that the statutory framework remains up to date, so I ask noble Lords to consider this instrument.
Amendment to the Motion
Lord Watson of Invergowrie
I thank the Minister for giving way; I will be brief. There was one point I raised in terms of the consultation as a whole, and the rationale behind what the Government are trying to do on this. I have seen what is stated in writing, but when only 160 people or organisations think it fit to respond to a consultation, and only 100 of these make any comment on reducing the period of 90 days, and of those only 19 suggest 45 days, is that not a rather shaky foundation for the Government to proceed on?
Viscount Younger of Leckie
Consultation was just one part of the process, but this policy has been thought out—we believe, and we would say this, wouldn’t we? —extremely carefully. Having taken a lot of conversation wider than this particular consultation, we believe that this is the right way forward. I would remind your Lordships that we have also consulted businesses. In terms of the time, I repeat myself by saying that we have gone from the 90 down to the 45—it is not 90 to 30—because we have actually spoken to businesses and other organisations to get the information that we need.
I would like to conclude by saying that between 50% and 80% of employees subject to collective consultation are not actually made redundant. All are kept in suspense as they wait to find out who stays and who goes. If people do become unemployed, most leave unemployment quickly. Of those making a new jobseeker’s allowance claim, over 50% have left the jobseeker’s allowance within three months, and over 70% have left within six months.
Finally, union respondents did not provide any proof that reducing the minimum period would cause problems. Where anecdotal evidence was provided, it suggested that meaningful consultation can help reduce the number of redundancies, but these are rarely significant in number. I commend the order to the House.