Skills and Post-16 Education Bill [HL]

Baroness Penn Excerpts

2nd reading
Tuesday 15th June 2021 Lords Chamber

[Baroness Janke (LD) [V]]

I too offer my congratulations to the noble Baroness, Lady Black, on her impressive and extremely entertaining maiden speech. I am sure that we are all looking forward to her contributions to our work.

Like other noble Lords, I welcome many of the proposals in the Bill, particularly to make it easier for adults and young people to study more flexibly, allowing them to space out their studies, transfer credits between institutions and take up more part-time study. As the noble Baroness, Lady Morris, has just said, the principle of colleges and employers working together underpins much of the Bill. It rests, too, on the leadership of employers. My experience leads me to agree very much with the issues she identified. Yet it is important that this is a co-operative and fully accountable partnership. Will the Bill create a duty on schools and universities to collaborate with colleges and employers in the development of skills plans, so that the training on offer meets the needs of local areas and of the national economic strategy?

As a former council leader, I have seen that the actual experience can be very patchy: stronger in some areas than others. In sectors where there are many SMEs the employers’ input can be limited, for a variety of reasons. As the noble Lord, Lord Blunkett, said, sometimes employers are not well represented by particular employer organisations which vary in strength in different areas. There needs to be better accountability and understanding of the difficulties involved. The present system gives no incentive for proper co-ordination. Instead, it focuses on delivery of qualifications rather than on the long-term strategic priorities.

I would welcome a better understanding from the Minister as to how she sees this working. As the noble Baroness, Lady Morris, also said, I am sure that we will want to explore this area during the passage of the Bill. I also emphasise that local authorities should be key players in any future collaboration. Many people face great difficulties in accessing education, whether part-time or full-time. They may be care leavers or have special educational needs, as my noble friend Lord Addington mentioned, or not in education or training. They may be long-term unemployed people. They face difficult barriers and would need access to a whole range of local services to help them to be ready for work or training.

Local authorities are of course essential in providing these sorts of services. They link with adult education provision and other support, such as mental health, housing, debt management, support for parents and childcare. Their involvement will be essential to prevent those most in need of support and training being left behind. As a former adult learning tutor, I know that the role of local authorities in adult and community provision has been a bedrock, providing many adults with opportunities to train and upskill. For many adult learners, adult education is the first step that they take. It gives them confidence and so often inspires people to take up further learning opportunities. The current budget has been halved; I very much support the LGA proposal to reinstate this budget as a fundamental building block in the provisions of the Bill.

It is also important that financial support is considered essential if poorer students are not to be penalised. Flexible and part-time learning is essential for potential learners. My own experience is that, although I went into higher education when I left school, I subsequently took a degree with the Open University. I experienced for myself the great difficulties that one has in trying to keep up the commitment to learning while either bringing up a family or working and needing to prioritise earning a living. These can really undermine the motivation of people who are trying and gain qualifications or skills or, indeed, add a new dimension to their lives through study. I underline here the need to revisit the benefits system so that those acquiring new skills will have their needs fully taken into account and not be excluded from benefits.

I also emphasise the importance of longer-term strategic goals. Anyone involved in education over the last 20 years has experienced constantly shifting grounds in how the system operates, in its objectives, and in the local and national priorities. We need to recognise some long-term objectives and ensure that our training and education objectives and skills acquisition link fully to the economic strategy and its requirements. In recent years, many of us have found the unhelpful element of competition in post-16 provision counterproductive, with an overemphasis on delivering qualifications rather than focusing on strategic and local long to medium-term priorities.

So I hope the Bill will ensure that the providers of post-16 education and training are aligned and not preoccupied with short-term expediency and quick fixes that do not really take us further forward. We certainly welcome the Government’s interest and ambitions for skills and lifelong learning, in particular the strong collaboration of cross-providers. The new lifelong learning entitlement is a huge step forward, but there must be access to all, and we must address the skills shortfall of so many citizens if we are to face the challenges of the future. We support much of the content of this Bill and look forward to taking forward these issues through its passage.

[Baroness Penn (Con)]

My Lords, it may be worth noting that the Back-Bench advisory limit of six minutes per speaker will allow us to finish at around 8 pm this evening.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Baroness, Lady Lane-Fox of Soho, is appearing remotely. We can see her but we cannot hear her.

Skills and Post-16 Education Bill [HL]

Baroness Penn Excerpts

Committee stage
Tuesday 6th July 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, I declare an interest as chair of the advisory group of Weber Shandwick UK. I support the objectives of the wide array of amendments in this group—

[Baroness Penn (Con)]

My Lords, I believe there were a couple of additions to the speakers’ list. I believe that the noble Lord is winding for the Liberal Democrats, and we may be due to hear from the noble Baroness, Lady Sheehan.

[Baroness Sheehan (LD)]

My Lords, thank you. I was confused, but I am happy to go with the flow.

This group of amendments addresses the green gap in this Bill. A large number of amendments have been tabled in this group, all of which are very worthy and have my support. I single out for special mention that in the names of my noble friends Lord Oates and Lord Storey, signed also by the noble Baroness, Lady Bennett of Manor Castle. However, in the interest of time, I will speak only to the set of amendments to which my name is attached.

I turn first to Amendments 3, 9 and 25, all in the names of the noble Baronesses, Lady Hayman and Lady Morgan, the noble Lord, Lord Knight of Weymouth, and myself. In doing so, I pay tribute to the noble Baroness, Lady Hayman, for her work in establishing the Peers for the Planet group, which is such a professional asset to this House. Her work and words in introducing these three amendments mean that I can be much more brief. The opening clause in this Bill, which fixes a strategy for the skills that we will need to fill the jobs of the future, is silent on our net-zero biodiversity targets. This seems rather inadequate, for want of a better or stronger word. This is a real weakness in the Bill, not least because it presents a risk that skills or education plans that are incompatible with our green targets—both national and international —might pass without remark and without basis for challenge.

These three amendments are therefore very necessary. They are designed to ensure that consideration of net-zero and biodiversity targets is embedded in the decision-making process around assessing future skills needed in each local area through the local skills improvement plans. Amendment 9 gives the Secretary of State the responsibility for ensuring that any approved LSIP is compliant with net-zero and biodiversity targets. Amendment 25 places a duty on the Secretary of State to report on how approved LSIPs meet the net-zero and biodiversity targets. These amendments will ensure that we have the right jobs in the right place in the future, which will be critical if we want to build back better and greener.

I turn to Amendment 34, in my name with the welcome support of the noble Baroness, Lady Bennett of Manor Castle. Supporting and generating green jobs is a lynchpin of the Government’s 10-point plan for a green industrial revolution. This amendment will help the Government meet those aims by ensuring that, when designating an employer representative body, the Secretary of State must be satisfied that,

“the body has prepared a climate change and sustainability strategy”.

It would serve to demonstrate that ERBs are making the link between the local and the national skills needed and are taking heed of the opportunities regarding climate change and biodiversity.

Amendment 42, in my name and that of the noble Baroness, Lady Bennett of Manor Castle, asks that a governing body, in reviewing how well education or training meets local needs, must also consider whether it aligns with the net-zero target. This amendment would consolidate the link between local and national skills needs with respect to the UK’s net-zero target from the perspective of governing bodies of general FE colleges, sixth-form colleges and designated institutions. It would be an important requirement that would open welcome collaborative discourse between institutions, ERBs and the Government, the lack of provision for which is a weakness of the Bill.

In subsection (2) of the new Section 52B inserted by Clause 5, the review is bolstered by guidance that provides an opportunity for the Secretary of State to ensure that there is a joined-up approach to the way institutions are factoring in net zero when considering how well education or training aligns with our net-zero target. Subsection (3) requires the governing body to publish the review on its website, which would allow for transparency and the identification of best practice, along with any barriers, gaps and inconsistencies, including in relation to net zero.

I turn to Amendment 73, in my name and those of the noble Baronesses, Lady Bennett of Manor Castle and Lady Blackstone, and Amendment 75 in my name and that of the noble Baroness, Lady Bennett. These amendments seek to introduce conditions for inclusion in the list of relevant providers kept by the Secretary of State. Amendment 73 seeks to introduce a condition that relevant providers on the list must have either adopted or be in the process of developing a climate change and sustainability strategy. Amendment 75 seeks to link the provision of funding for relevant providers with either the adoption or development of a climate change and sustainability strategy. Both amendments seek to incentivise progress within the further education sector in embedding climate change and sustainability within their overall strategies, recognising, however, that some providers will be further on in this process than others and that funding and capacity might be an issue for some. Amendment 73 therefore allows for relevant providers to be in the process of developing a strategy.

Taken together, the amendments to which I have spoken reflect a holistic joined-up approach to ensure that all stakeholders working to deliver the right jobs in the right place are conscious of their responsibility in tackling climate change and biodiversity loss. We must not forget that the people who will fill these jobs —especially the younger ones—want jobs that will secure their future, both in terms of longevity of work and in terms of protecting our planet and their physical futures. As it happens, their priorities and needs align with the nation’s priorities and needs, and this Bill must be amended to reflect those.

Skills and Post-16 Education Bill [HL]

Baroness Penn Excerpts

Committee stage
Thursday 15th July 2021 Lords Chamber

[Baroness Penn (Con)]

My Lords, as already discussed, local skills improvement plans will be developed by employer representative bodies working closely with employers, providers and key stakeholders. Guidance to support the publication of the plans will not expand the scope of the legislation but will provide further detail on the process and best practice to support the development and delivery of LSIPs. That guidance will be developed in discussion with key stakeholders and informed by evaluation evidence from the trailblazers announced today and running into next year.

In response to Amendment 12, moved by the noble Lord, Lord Watson, relating to whether guidance on LSIPs should be laid before Parliament and subject to the negative resolution procedure, it is common for this level of detail to be placed in guidance rather than in statutory instruments, so that it can be updated rapidly in response to emerging best practice and changing circumstances. I can also confirm that the Delegated Powers and Regulatory Reform Committee did not raise any concerns about this approach to guidance.

The noble Lords, Lord Watson and Lord Aberdare, and other noble Lords asked whether the draft guidance would be made available before Report. Because that guidance will be informed by the trailblazers, as announced today, which will run until 2022, I am afraid that guidance will not be available in advance of Report on the Bill. However, the point about the guidance being informed by the trailblazers brings us to the second amendment, on what is defined as local. We want to use those trailblazers—to learn from how they are working, to inform our approach to LSIPs and to address a number of the detailed questions that noble Lords asked.

Amendment 24 relates to publication of guidance setting out the criteria used to determine a specified area. The geography for local skills improvement plans will be based on functional economic areas and informed by evidence from the trailblazers. The specified area for a local skills improvement plan will be defined in the notice published by the Secretary of State on designation. In the trailblazers, we have allowed a certain amount of self-definition of “local area”. One of the things that we want to test and learn from in the process of the trailblazers is the best geography for plans, so we will be giving some flexibility in this area.

The noble Lord, Lord Liddle, asked about the role of local enterprise partnerships. The Government are working with LEPs to refine the role of business engagement in the local economic strategy, including skills, and to ensure that these structures are fit for purpose for the future, including looking at the right geographies. We will consider this work alongside evidence from the trailblazers, where flexibility has been given on geography, before making final decisions about the specified areas that local skills improvement plans will cover. I reassure noble Lords that, as they have already heard from the Minister, every area will be covered by an LSIP and no area will be left out.

I hope the noble Lord, Lord Watson, has received sufficient reassurance to allow him to withdraw his amendment and not to move his second amendment when it is reached.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for her response. I was very taken by the comment by my noble friend Lady Morris about the ways in which local areas will be defined. She made an important point, which I confess I had not considered, about what will happen to areas she described as “tough and challenging”, which are perhaps not particularly in demand by the employer representative bodies. I hope that the Government will insist that employer representative bodies are properly representative not just of employers’ organisations but of their communities as well, to ensure that the potential problems that my noble friend Lady Morris mentioned will be headed off before they properly develop.

The noble Baroness, Lady Penn, said guidance will not expand the scope but will provide more detail, and I understand that. It is important that it can be updated, so I take the point. I have to say that she might have given a hostage to fortune by saying that the Government are not going to support the idea of a statutory footing because the Delegated Powers and Regulatory Reform Committee did not recommend it. I am pleased to see that the Government will in future be abiding by the recommendations of that committee, and no doubt we will be coming back to them on other issues in the days and months ahead.

I would like to raise another point. Both noble Baronesses mentioned trailblazers. If I caught the noble Baroness, Lady Penn, correctly, she said that they had been announced today. Since she said that, I have tried to find out about that, and the best we can do is that they have been announced this afternoon. We are in debate this afternoon. Why were they not announced at the very least this morning—or yesterday or the day before? This is becoming a pattern. Yesterday we got some of the lifelong loan entitlement amendments from the Government, just a few days before they are due to be discussed in Committee next week. I have to say that the impression being created is that the Government are not on top of all this. Certainly, if the trail-blazers are going to have the influence that the noble Baroness, Lady Penn, said—I think the trailblazers are interesting and I want them to be successful—we should have had sight of them, so that all noble Lords could perhaps have referred to them in the debate to inform the points that we all wanted to make.

So I cannot say I am pleased with the Minister’s response—I am not surprised, either—but the Government need to bear in mind the points that I and other noble Lords have made. Some of them will certainly arise in future days in Committee and perhaps even on Report. But, for the moment, I beg leave to withdraw the amendment.

--- Later in debate ---

In small towns, SMEs are the main source of employment and, if they do not receive funds, the availability of apprenticeships in those sorts of areas will be very limited. This should be part of the levelling-up agenda, we believe. The Government talk a lot about that but are yet to deliver on it. We believe that the apprenticeship levy needs more time to grow and that employers, especially non-levy-paying employers, should make greater use of it. As I said, while supporting the intent of Amendment 39, we believe that, at this stage, to consider spending levy funds on anything other than apprenticeships is probably premature.

[Baroness Penn (Con)]

My Lords, now that I have de-masked myself, I will first make two remarks to the noble Lord, Lord Watson. In my enthusiasm to start my speaking role on this Bill, I did not thank him for his kind words in welcoming me to the Dispatch Box. I also acknowledge completely his point about the timing of various announcements and the need to ensure that noble Lords have as much information as possible to help them to scrutinise proposals for this Bill. We will endeavour to do our best in that regard.

I am grateful, too, to the noble Lord, Lord Addington, for giving us, on behalf of his noble friend, the opportunity to discuss apprenticeships, which are at the heart of the Government’s skills ambitions. As we recover from the impact of Covid-19, apprenticeships are more important than ever in helping businesses to recruit the right people and to develop the skills that they need.

I hope that noble Lords will allow me a little time to outline a few principles of the apprenticeship levy and its funding, as that will respond to some of the points made in this debate. The funds available to levy-paying employers through their apprenticeship service accounts can be used for apprenticeship training or assessment in their own businesses, or transferred to other employers. They are not the same, however, as the Department for Education’s annual apprenticeships budget.

While those unspent funds, therefore, expire from the employer’s accounts after two years, the broader funding contributes to the budget set by the Department for Education, according to its rules, and funds other costs associated with apprenticeships. This includes training and assessment for apprenticeships for employers that do and do not pay the levy, the cost of English and maths tuition and additional payments to support young apprenticeships—as I heard from noble Lords, those are a priority—and those with additional learning support needs.

On Amendment 39, I reassure noble Lords that we keep apprenticeship funding policy under review. I say to the noble Lords, Lord Addington and Lord Aberdare, among others, that a key principle of the apprenticeship levy is that we should only pay for apprenticeship training and assessment costs from the apprenticeship budget, as apprenticeships deliver a significant return on investment from the public purse, rather than using the levy to fund wider skills training needs.

We have an ambitious agenda for apprenticeships and we have made huge strides forward with the apprenticeship reforms, but we cannot and will not stop here. We want to grow the programme, drive up quality and improve apprenticeships, to the benefit of all employers and ultimately the economy, through increased skills and jobs. While widening the scope of the apprenticeships budget to pay for other costs or skills training, even for a time-limited period, would not be in line with the Government’s aims for the programme, I hope that noble Lords who have raised questions about how it currently operates will be reassured by some of the improvements that we are making to make it easier for employers to use and to encourage take-up by potential apprentices.

We continue to listen to employers and to adapt apprenticeships to better meet their needs. Work is under way on a package of improvements that respond directly to employer feedback, so that employers can make better use of their apprenticeship funds.

First, we are introducing a new service that will make it easier for employers that pay the apprenticeship levy to transfer funds in their accounts to other employers, including smaller employers. Large employers will be able to pledge funds for transfer and other employers will be able to receive these funds, so that both will benefit from those transfers. In response to a question from, I think, my noble friend Lady Neville-Rolfe, the lead employer that is transferring those funds will not retain any responsibility for the provision of training after the transfer. It is not an additional burden on them.

Secondly, we are helping employers to choose more innovative training models, such as front-loaded training and accelerated apprenticeships, which will help apprentices with relevant skills and experience to complete their training more quickly. Finally, we are supporting sectors of the economy that have more flexible working patterns, such as the creative industries. We will shortly launch a £7 million fund to help organisations in England to set up and expand new flexi-job apprenticeship schemes.

The noble Lord, Lord Aberdare, asked about the funding available for apprenticeships. In 2021-22, the funding available for investment in apprenticeships in England is almost £2.5 billion. That is double what was spent in 2010-11. We have increased the investment available for apprenticeships.

My noble friend Lady Neville-Rolfe and the noble Lord, Lord Addington, asked about the aims of the apprenticeships programme and its direction of travel. Our reforms to the programme have all been focused on making them longer and better, with more off-the-job training and proper assessment at the end. Many pre-reform apprenticeships were of low quality and involved little or no training. That is what we have aimed to change.

We know, however, that there is more work to be done and, in addition to the reforms that I have mentioned that will make it easier for employers to take up their levy funds, we have introduced new incentives for those employers, particularly during the pandemic, to take on new apprentices. Until the end of March those incentive payments were £1,500 for those aged 25 and over and £2,000 for those under 25—71,140 incentive payments were paid up to that date. We have increased the incentive to £3,000 and that remains in place until 30 September.

I hope that noble Lords take some reassurance from what I have outlined that we remain committed to the apprenticeship programme. While we do not agree with diverting apprenticeship funding to other forms of skills training, we acknowledge the need to continue to review and adapt the apprenticeship programme so that there is better take-up and it works better for employers and those who will potentially benefit from it. I therefore hope that the noble Lord, Lord Addington, feels able to withdraw his amendment.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I have received no requests to speak after the Minister so I call the noble Lord, Lord Addington, to conclude the debate on this amendment.

--- Later in debate ---

[Baroness Neville-Rolfe (Con)]

I have a quick question for clarification. I think what the Minister is saying is that she wants quality of apprenticeships, not quantity—for example, that level 2 apprenticeships are a thing of the past. I was saying that I am rather sorry about that, but I would like to be clear, either now or before Report, exactly what the direction of travel is on the lower grades. I completely support those doing level 6 including even the stonemasons , but I think that there is a place, especially among youngsters—those between 16 and 23 years old—whom we are trying to get to do apprenticeships, to do something perhaps a bit less sophisticated that brings discipline and the sense of attainment that apprenticeships can bring.

[Baroness Penn (Con)]

My Lords, I believe the Government are aiming for quality and quantity when it comes to apprenticeships. On the noble Baroness’s specific question about lower-level apprenticeships, I will ensure that I write to her with that specific information before Report.

[Lord Addington (LD)]

My Lords, this has been one of those slightly odd debates. One thing that we have established is that it is complicated—“We are not quite sure what it should do; we think it is quite a good thing, so please do not get rid of it now.” That certainly seemed to be the attitude of the Labour Party. They may be right about that, but at the moment there is a great deal of scepticism about whether this actually delivers. The intentions are good, but that is the thing that paves the way to hell. Can we please just make sure that we get a little more clarity on this? Whether it is worth returning to on Report, I will have to have a word with my noble friend Lord Storey after he has read this debate.

I felt, listening to the first part of the speech of the noble Lord, Lord Aberdare, that with a bit of tweaking you would get to a classic sketch about bureaucracy in some lofty TV show of my youth when people were being clever. Because it is complicated, but there is an intention behind it. The noble Baroness replied, “Yes, but we are trying to do things.” There was a lack of clarity here and focus at the heart of this. We should keep an eye on this, because if it continues to bring itself into disrepute, it may well be doing more harm than good. I beg leave to withdraw the amendment.

--- Later in debate ---

In summation, Clause 5 is in itself unnecessary and adds nothing worthwhile to the Bill. But on the assumption that it will remain, Amendment 43 is important and should be supported, even if only to ensure that all colleges reach the level of support for SEN students that those students and their families have a right to expect.

[Baroness Penn (Con)]

My Lords, Clause 5 places a duty on governing bodies of institutions within the further education sector to periodically review their provision against local needs and to consider changes that might improve the way that those needs are met. Regular reviews of provision should be a key part of strategic curriculum planning within every college, as the noble Lord, Lord Watson, pointed out. As well as reflecting the priorities set out in any local skills improvement plan, the reviews should cover the whole of the education and training offer and the needs of both current and future learners.

I reassure the noble Lord, Lord Watson, that this clause is not introduced with the intention of second-guessing practices that already take place within local providers or their value. But by placing a legal duty requiring reviews to be published, Clause 5 strengthens transparency and accountability around decisions on provision that are vital for local communities.

I turn first to Amendment 41, from the noble Lord, Lord Addington. I welcome the opportunity to respond to the points he made on clarifying the timing of reviews, including their frequency and regularity. In the draft statutory guidance—which we have been able to produce for this clause and which supports the new duty proposed in Clause 5—we set out the principle that reviews should be timely and undertaken at least once every three years. The term “from time to time” is often used in legislation, and can have the advantage that it can accommodate reviews that may, for very good reason, take place at different intervals and therefore could not, strictly speaking, be described as “regular”. The noble Lord, Lord Addington, himself asked whether you could have more frequent reviews or a review at a different point, perhaps in response to changing local needs or circumstances, and so “from time to time” is aimed at allowing for such circumstances.

I hope that there is a broad level of agreement across the Committee around the importance of reviews taking place on a timely basis, and that my explanation of the Government’s approach and the contents of the draft statutory guidance provide some reassurance that the proposals in Clause 5 will achieve that goal.

On Amendments 43 to 46 in the name of my noble friend Lord Lingfield, I completely agree with his remarks on the importance of provision for students with special educational needs, including those with an education, health and care plan. Provision for these students is an integral part of the education and training provided by an institution. Again, the draft statutory guidance published by the department makes clear that the review should include consideration of the needs of learners with SEND, including those with education, health and care plans, when governing bodies are considering the needs of different groups of learners locally. The existing statutory obligations on colleges relating to SEND, including the public sector equality duty, are a key reference point for the governing body when carrying out the review.

Colleges and other FE sector institutions already do fantastic work for students with SEND, and that provision is an integral part of the education and training that colleges offer. For that reason, we consider it essential that it is considered as part of any review of their wider provision, rather than through a separate or parallel exercise. To re-emphasise, in reviewing the college’s education and training provision under Clause 5, the governing body must do this in a way that is consistent with its existing statutory obligations in relation to SEND, and that is underlined in the draft statutory guidance supporting the review.

I hope that I have provided some clarity to the noble Lord, Lord Addington, on the use of the term “from time to time”, and he will feel able to withdraw his amendment, and sufficient reassurance to my noble friend Lord Lingfield that he will not move his amendments when they are reached.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I have received one request to speak after the Minister from the noble Lord, Lord Lingfield.

[Lord Lingfield (Con)]

My Lords, I am grateful to my noble friend for her reply. I understand the Government’s views. I particularly thank my noble friend and kinsman Lord Addington for his support. He is one of the House’s experts in the area of special needs and always worth listening to. However, it is a sad fact that not all further education colleges and suppliers of further education are up to the level of the very best ones, and a regular review, clearly required by the Act instead of being hidden in guidance and regulation, would be an important incentive to those that are mediocre to improve their offering to these vulnerable young people. I hope that my noble friend might think again, and I hope to return to this at the next stage of the Bill, but I shall not press my amendments.

[Baroness Penn (Con)]

My Lords, I think we are in agreement on the importance of special educational needs being included in the reviews undertaken by providers. The noble Lord, Lord Watson, asked what the point of the provision of this clause is. The regular production and publication of these reviews might enable noble Lords and others to hold colleges more easily to account on how they have taken on that guidance, which is clear that the special educational needs of students have to be taken into account, and how they have taken that on in the conduct of their own reviews. I am sure that many colleges do an excellent job in that respect, but the additional transparency of having these reviews produced and published on a regular basis will aid in that job.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, I have now received a second request to speak after the Minister from the noble Lord, Lord Young of Norwood Green. No? I call the noble Lord, Lord Addington, to conclude this debate.

--- Later in debate ---

[Lord Watson of Invergowrie (Lab)]

My Lords, I am pleased to signify our support for Amendment 62 and commend the passion with which the noble Lord, Lord Addington, spoke, as he unfailingly does on matters relating to those with special educational needs.

The Government must surely accept this amendment because page 30 in the Bill’s policy summary notes, under the heading, “What is the Government doing to support the teaching of SEND in FE?”, states:

“The government is also funding an in-service training grants programme to support those training in-service to teach maths, English and SEND. In Academic Year 20/21, 24% of bursaries and 73% of grants were awarded were for teaching SEND.”


Therefore, to add the requirement that SEND awareness training is included is an entirely logical follow-on to that. However, I await with interest the ingenious, perhaps even tortuous, argument that the Minister’s officials have crafted for her to tell us that it is not really necessary. That really would be unfortunate. I say, in a relatively gentle way, that the Government need to understand that accepting that something they have drafted could possibly be improved or even complemented is not a sign of weakness. It is a sign of strength.

My main concern regarding Clause 16 is its intention. It seems to fit the pattern of the excessively hands-on and controlling position that the Government are adopting in many aspects of education. It is already happening with regard to initial training for schoolteachers. The policy summary notes address this question, again on page 30, under the heading, “How do these proposed changes align with the Initial Teacher Training (ITT) market review for school teachers?” It answers its own question:

“The government is not seeking to replicate the reforms taking place in the schools ITT system ... However, officials within the Department for Education are working together to ensure a coherent relationship between our reforms in the two sectors”—


hence my fears and those of many others in the teaching profession at school and college level.

The Government may protest that there is no connection between the two but, as politicians, we naturally do not believe in coincidence. Perhaps the Minister can explain just what is meant by

“a coherent relationship between our reforms in the two sectors”

because there is uproar in the teaching profession and among those who provide teacher education at the Government’s highly controversial and potentially damaging proposals for the review of initial schoolteacher training which are currently out for consultation.

On the FE ITT system, the policy summary notes say:

“The government believes that the FE ITT system could be much better than it is”.


Can the Minister enlighten noble Lords about the evidence for that? There is no clamour in the sector for such a change. I have to say that, again, that Clause 16 smacks of an increasingly voracious government appetite for centralisation and control, with Great Smith Street the control centre. If the Minister believes she can gainsay that impression, I am sure I would not be alone among noble Lords in being very interested to hear it.

[Baroness Penn (Con)]

My Lords, I am grateful to the noble Lord, Lord Addington, for this amendment. It highlights the importance of equipping teachers to identify and support learners with special educational needs. Further education teachers must be trained to identify and support the needs of all learners, enabling them to overcome barriers to their learning and allowing them to meet their full potential.

I concur with the noble Lord’s intention and I understand that he intends it as a probing amendment. He may be unsurprised to hear that I do not believe it is necessary to specify such a requirement in the Bill. Other mechanisms for achieving the same aim are more appropriate, and steps are already being taken.

Our reforms to teacher training are founded on a new occupational standard for FE teaching, which will specify the knowledge, skills and behaviours expected of FE teachers. This standard is being developed by a group of employers—colleges and other providers, so organisations which employ teachers—from across the sector, who bring a wealth of experience and expertise and are well placed to determine the right content for teacher training that will meet the needs of all their learners. We fully expect that the new standard will be explicit in its requirement for further education teachers to meet the needs of all learners, including those with a wide variety of special needs as well as learners from diverse backgrounds. We anticipate that the standard will be in place in time for the next academic year. It will form the basis of a new FE teaching apprenticeship, and we will support the reform of FE teaching qualifications so that they are also based on the standard. If, in future, the content of FE teacher training was considered of insufficient quality to meet the needs of all learners, this clause would give the Secretary of State the power to take appropriate steps.

To address the point I think I have understood from the noble Lord, Lord Watson: the reason we do not believe this amendment to be necessary is that we do not intend to use the powers in this Bill to take greater control or gain more centralisation of FE teacher training. We believe that the sector is doing the work needed to set out that standard and that steps will be taken within it to make the right provision for the training with regards to special educational needs. To allay his fears in relation to initial teacher training reforms for schools, I undertake to write to the noble Lord to further clarify that point.

I hope that with those brief remarks the noble Lord, Lord Addington, is assured that we are already taking steps to ensure that teaching in the FE sector meets the needs of all learners, including those with a wide range of special educational needs. On that basis, I hope he will be content to withdraw his amendment.

[Lord Addington (LD)]

My Lords, this is an odd one. Actually, I do not think that response really hit it, because there is supposed to be a report. The noble Lord, Lord Watson, pointed out that it is supposed to be out now. I cannot quite match the withering sarcasm he put into it: “Oh, autumn then, maybe.”

The entire education system is squaring up to the fact that special educational needs is not working in our schools at the moment. There is a series of cock-ups made by other bits of legislation, for which I have some of the blame for not spotting them coming down the line. Unless you are going to be specific about having somebody in there who can spot, transfer and change the way they are dealing with at least some of the most commonly occurring conditions, you are guaranteeing a degree of failure and underachievement. We might have a conversation about how this works, and there might be something behind this that I need to hear, but what I have heard today convinces me that this needs some more time.

I would have intervened on the noble Baroness if the process was going through, but I suspect we are going to have a more robust Report stage than normal because of this. It is not the noble Baroness’s fault, unless she wrote the brief herself. I think we have opened up something here. Teacher training is the best way of dealing with this so that you can deal with those who have moderate difficulties and certain patterns of behaviour. Small changes and a bit of reassurance—telling them they are not thick—are the best way to get a reaction out of many of the groups that I deal with. Saying “Hey, I think you’re dyslexic or dyspraxic or have ADHD; here are a few quiet, basic strategies; by the way, you’re not an idiot” dramatically improves the outcomes of that group, which is about 20% of the whole group we are dealing with. Dealing with that type of action enables them to start that process to take them on to somebody else, and that is so important.

The transition I am looking at is away from: “I have somebody in my classroom who is a pain, can’t concentrate and won’t spell. Oh, God, can we get rid of him?” And it is towards: “Oh, I think he needs a bit of help and support.” It is not about the dramatic ones who are easy to spot, who are going to get the plan. It is that level of expertise that we need.

Can we please engage so that we actually know what is coming? At the moment, there is a review going on. There should be more there. I hope that the next time we raise this, the noble Baroness, if she is still with us—I should not have opened that one up —or whoever answers this, provides better answers. Good intentions have always been there. The problem remains.

[Baroness Penn (Con)]

I will briefly respond to the noble Lord, because I do not think I will get the opportunity to take this conversation forward with him ahead of Report, although I am sure that others will be happy to continue that conversation.

The point of differentiation here is specifically about the approach to regulating teacher training in FE colleges versus the regulation of teacher training in schools. The latter is subject to a regulatory regime that allows the Secretary of State to set conditions for its content and delivery, but we do not have that equivalent provision for FE teacher training as the content is determined by the sector itself, working with organisations. Although this clause as drafted would enable the Secretary of State to prescribe course content if desired, with a view to improving the quality of FE initial teacher training courses, the initial intention is for the sector to do that work itself. The points that the noble Lord makes about how important it is that SEND is properly accounted for in this and the widest understanding—and not just those with education, health and care plans but the broadest spectrum, and those who may not have been identified before—are an integral part of that. With regard to specifying that as part of the reforms to the initial teacher training, we would hope not to use the powers of the Secretary of State to intervene in this area at the moment and would rather do it through collaboration with the sector.

I thought it might be useful to say just one or two words. That is not the end of the conversation, but someone else will take it forward with the noble Lord.

[Lord Addington (LD)]

I thank the Minister for bending the rules quite positively there. There will be a continuation of this discussion but I thank her for that and beg leave to withdraw the amendment.

--- Later in debate ---

Finally, I am very grateful to the noble Lord, Lord Lucas, for putting into our debate today the issue of student well-being and mental health and for the very important points made by so many noble Lords, including the right reverend Prelate the Bishop of Durham and my noble friends Lady Morris and Lady Whitaker. This merits a wider debate on how good pastoral care in higher education can be prioritised and resourced and also, perhaps, on how good practice can be spread. I will be interested to hear the Minister’s response to this and to all the questions I have put to her. I look forward to her reply.

[Baroness Penn (Con)]

My Lords, Section 23 of the Higher Education Research Act 2017—HERA—which relates to the assessment of the quality of higher education provided by registered providers, currently places no restrictions or stipulations on how the OfS might make an assessment of quality or standards. Clause 17 provides some much-needed clarity, or so we hope. It puts beyond doubt the ability of the OfS to determine minimum expected levels of student outcomes. These levels would be taken into account alongside many other factors, such as the context in which a provider operates, when the OfS makes its overall and well-rounded assessment of quality.

Amendments 63 and 64, in the name of my noble friend Lord Lucas, seek to add provision for the mental health and well-being of students to the outcomes measures that higher education institutions are evaluated against, in addition to academic and post-study progression measures, and to allow for more than one measure that institutions are expected to meet. I reassure my noble friend and other noble Lords that student mental health is something that this Government and the OfS take extremely seriously. The testimony that we have heard from many noble Lords in this debate has shown exactly why this issue is so important.

We continue to work closely with the higher education sector to promote effective practice. Higher education providers are autonomous bodies, independent of government, and have a responsibility to support their students, including those with mental health conditions or mental health needs. They are experts in their student population and best placed to identify the needs of their student body. The Government therefore strongly support Universities UK’s step-change programme, which focuses on the need for a whole-institution approach and in doing so supports the spread of good practice and the agreement of guidelines for co-commissioning and the provision of mental health and well-being services. In addition, the Government actively back the sector-led university mental health charter which aims to drive up standards in promoting student and staff mental health and well-being and invites universities to meet high standards of practice, including in areas such as leadership, early intervention and data collection.

While it is for higher education providers to determine what welfare and counselling services they need to provide to their students to offer that support, the OfS provides funding, support and guidance to providers to support students’ mental health. Noble Lords are right to say that sufficient attention has not been paid to this issue in the past and that, while steps are being taken to put this right and move in the right direction, there is more to do. As the noble Baroness, Lady Morris, noted, that may not be best addressed through more legislation or regulation. However, I reassure noble Lords that, if the OfS wished to impose a condition of registration that related directly to mental health, the exiting legislation under HERA is flexible enough for it to do so.

The Government and the OfS do not see that as the right route at this stage. Rather, the aim of Clause 17 is to put beyond doubt the ability of the OfS to set minimum expectations of quality and performance by reference to objectively measurable outcomes. My noble friend Lord Lucas acknowledged that there may be some difficulty in defining those outcomes on something such as mental health provision. I confirm to my noble friend that the existing legislation can be read so as to allow institutions to be subject to more than one measure, so Amendment 64 is not required.

I turn to Amendments 65 to 68 in the name of the noble Baroness, Lady Sherlock. I first reassure the noble Baroness in relation to Amendment 65 that not only does the OfS already have a statutory duty to consult before determining or revising its regulatory framework in relation to outcomes, it has already undergone one round of consultation, as she has already noted, and a further consultation on specific outcome levels is planned for late autumn.

With regard to Amendment 66, leaving out “not”, as the amendment does, completely reverses the purpose of this clause. Driving up quality and standards in higher education is a priority for this Government and a fundamental part of the levelling-up agenda. This amendment would mean that students would be expected to accept that they might achieve different outcomes—and in some cases, lower ones—depending on their background. That cannot be right. That is why we included the provision in this clause to make it clear that there is no mandate on the OfS to benchmark the minimum levels of standards it sets based on factors such as particular student characteristics. Benchmarking or setting minimum levels by reference to the outcomes the OfS would expect from students with certain characteristics or certain types of providers risks entrenching disadvantage in the system.

I hope I can clarify one point and reassure a number of noble Lords, including the noble Baronesses, Lady Sherlock and Lady Morris. Subsection (7) means that the OfS is not obliged to set minimum expected levels of outcome based on these factors. It does not prevent the OfS collecting data or considering the type of students a provider has. Indeed, the OfS will look at this when reaching a rounded judgment of quality.

The noble Baroness, Lady Sherlock, asked whether this is about clarifying the existing approach or giving new powers or a new approach. The OfS is already regulating based on absolute student outcomes data. In practice, the amendment will not affect the OfS’s current approach but will put beyond doubt its ability to continue to operate in this way. I will return to this point later in relation to the amendments tabled by my noble friend Lord Willetts.

Amendment 67 seeks to probe the OfS’s powers of intervention at subject level. The current drafting in subsection (7) is intended to make it clear that the OfS is not required to determine and publish different minimum levels to reflect differences, including differences in the subjects being studied. While this does not preclude the OfS from doing so, the intention here is for minimum levels to be set by reference to the outcomes set out in subsection (5).

The noble Baroness, Lady Sherlock, asked me to clarify her understanding, based on correspondence with Bill officials, of the powers of intervention at subject level. The OfS can intervene at subject level. As the noble Baroness noted, the OfS has an obligation to be proportionate in its interventions. However, any conduct that the OfS has decided constitutes a breach can be enforced, whether that conduct relates to all subjects or an individual subject. Courses could also be included in extremis.

The noble Baroness also asked how the OfS may assess quality when it comes to modular provision, given the changes that we are aiming to make in the LLE. The Government and the OfS are working closely together as part of the development of the lifelong learning entitlement. The OfS quality measures are designed to be flexible and used effectively by the OfS across a diverse provider base and different courses, for example part-time courses. As we will come on to, the OfS is currently consulting on its approach to regulating quality and standards. This includes consideration of its approach to modular and flexible provision. The OfS will consult on the indicators it proposes to use and how it proposes to take the context of the provider into account as it makes regulatory judgments. The purpose of Clause 17 is to provide clarity on the ability of the OfS to use absolute outcome measures, not to remove its ability to use other contextual or relative information.

Skills and Post-16 Education Bill [HL]

Baroness Penn Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, again, we have had a stimulating debate, with many insightful contributions. I have to say that we support Amendment 76, in the names of the noble and learned Lord, Lord Clarke, and my noble friends Lord Layard and Lord Rooker. It is similar in its first provision to ours, which references

“All persons aged 19 or older”,


while theirs states:

“Any person of any age has the right to free education … up to Level 3”.


Below the age of 19, that right is already there through school or college or via an apprenticeship, although I accept the points made by my noble friend Lord Adonis about apprenticeships since the levy was introduced.

I acknowledge the important point about the pension age made by the noble Baroness, Lady Greengross, reinforced by my noble friend Lord Adonis. As they rightly said, many people now have no alternative but to work beyond—perhaps in some cases far beyond—that point in their life. That has given food for thought for these Benches, if we decide to return to this at Report. It is a valid point.

We also support the other two provisions in Amendment 76, the first concerning funding through the adult education budget. Of course, what happens to the adult education budget is a great unknown, as much of it has been devolved to the metro mayoral authorities, which we know the Government, probably for political reasons, want to keep at some distance from this Bill. We think that is a great shame and is quite wrong, but perhaps the Minister can clarify the Government’s view of the role of the adult education budget going forward.

The third provision in Amendment 76 relates to the apprenticeship levy and attempts to right a wrong that has developed since the levy was introduced in 2017 that not enough of it has been used to pay for apprenticeships for young people. The noble and learned Lord, Lord Clarke, highlighted some of the anomalies that have resulted, for instance, with MBAs. I disagree with the noble Lord, Lord Lucas, that the points made in the amendment point to a more important misuse of the levy. I really do not think that MBAs were anybody’s intention when it was introduced.

We also support the stated objectives of the Bill as a whole to

“make it easier for adults and young people to study more flexibly - allowing them to space out their studies, transfer credits between institutions, and take up more part-time study”.

The Prime Minister’s lifetime skills guarantee was a central plank of the Queen’s Speech and the build back better and levelling-up agenda. Last week, we hoped to find out more about levelling up and what it actually meant, when the Prime Minister made a speech, but I have to say that, having heard that speech, we are still waiting. The lifetime skills guarantee forms an integral part of this legislation but, to the disbelief of many people across your Lordships’ House and the FE sector, the Government’s flagship policy is not in the Bill. Our Amendment 80 aims to rectify this oversight by placing the lifetime skills guarantee on a statutory footing. As the Federation of Awarding Bodies has said:

“Support for adult education in future could be as comprehensive as access to the NHS, but only if we get the passage of the legislation right.”


The lifetime skills guarantee is welcome, but it needs to be a much wider guarantee, supporting retraining and learning in a range of levels. It is beyond my comprehension why the Bill is silent on qualifications below level 3, as other noble Lords have said. At present, 13 million in the UK do not have a level 2 qualification, and around 9 million adults lack functional literacy and numeracy skills, leaving them more vulnerable to job loss and making it harder for them to secure alternative work if that happens—yet they are being offered no support in this Bill. Why?

There is no recognition of the value of qualifications below level 3 in creating progression pathways for students. The report from the Department for Education, snappily titled Measuring the Net Present Value of Further Education in England 2018/19 and published two months ago, revealed the return on investment of these qualifications and concluded that the net present value of qualifications below level 2 is actually higher than for level 3. Why have the Government ignored their own evidence?

Six million adults were identified in the Augar review as not having qualifications at level 2, yet the total number of adult learners has fallen in recent years. If we want people to reach level 3 and above, surely more of them need to achieve level 2. To repeat: we are particularly concerned that no support is provided for any qualifications below level 3, despite lower level qualifications offering many adult learners key progression routes.

Nor do the proposals support subjects outside a narrow band of technical disciplines. A list of 400 qualifications is too restrictive; 1 million priority jobs will be excluded from the lifetime skills guarantee in sectors facing a major skills shortage, including retail, hospitality and the arts. Jobs in sectors such as veterinary care, building and architecture, as well as computer programming, which have been designated by the Government as priority for work visas, are also excluded from the guarantee offer.

Last week, we saw the Government’s response to the level 3 qualifications reform. Despite all the consultation responses that the Department for Education received, it was disappointing to see the Government continue to focus on the number of regulated qualifications instead of supporting course diversity and real careers choices for young people post-16. The suggestion that the number of qualifications made available can be reduced from around 75,000 to a mere handful is surely fanciful. If the Government listened to college leaders, learners and parents as much as they do to employers, they would know that. As the Federation of Awarding Bodies also said

“The outcome of this particular review”—


that is, the level 3 qualifications reform—

“is taking the country in the wrong direction. It will not help level up across the regions of England and it will result in less opportunities for disadvantaged learners in future.”

We are seriously concerned by the Government’s intrinsically flawed conception of how to measure value in post-16 education and that it will prevent the proper funding of socially useful and valuable, if lower earning, professions and paths in life. Our Amendment 80 ensures that all adults aged 19 and over without an A-level or equivalent qualification, or who hold such qualifications but would benefit from reskilling, can study a fully funded approved course, and requires the Secretary of State to consult on and review the list of approved courses to ensure that they are compatible with national skills strategies.

We also believe that the lifetime skills guarantee should be extended to include subsequent level 3 courses to unlock retraining for even more people. Eligibility for retraining is all the more important given the impact of the pandemic and ever-changing market needs. This is why the amendment allows for flexibility for a provider, perhaps on the recommendation of a Jobcentre Plus work coach or a qualified careers adviser, to allow for a subsequent level 3 course of study if the person would benefit from retraining in an area where there is a demand for skills. This is more important than ever before, given rapidly changing market needs and to support industrial decarbonisation goals.

The entitlement to a first full level 3 qualification for those under the age of 25 was introduced by a Labour Government in the Apprenticeships, Skills, Children and Learning Act 2009. As things stand, the Bill would do away with it. The Augar review recommended an all-age level 3 entitlement, and the Government have now put this into effect with a guarantee, but only to a limited list of level 3 qualifications and only for those who do not have one. An adult who is made unemployed and needs to retrain but already has a level 3 qualification—an A-level perhaps, or BTEC equivalent—will not be able to access the entitlement.

Why are the Government shutting the door on people who want and need to retrain for the future needs of the economy that the Government tell us the Bill is intended to prepare for? It simply does not make sense. These amendments are necessary if, as my noble friend Lord Layard said, the Government’s stated aim of parity of esteem between the academic and technical routes is to be meaningful. I look forward to the response from the Minister.

[Baroness Penn (Con)]

My Lords, I thank noble Lords for the opportunity for this important debate on the provision of skills to those who may not have got them earlier in their lives or who are seeking to retrain. I hope I can give noble Lords quite a bit of comfort in that the Government broadly concur with many noble Lords’ ambitions around lifelong learning in this area. That is backed up by some clear policy statements and funding commitments. It is not necessary to specify such requirements in the Bill.

Amendment 76, tabled by my noble and learned friend Lord Clarke of Nottingham, seeks to provide free access for approved courses up to level 3 for any person if they have not already studied at that level, including automatic in-year funding to providers to cover these students. It may help if I explain the current position. Up to the age of 18, participation in education and training is fully funded. For adults aged 19-plus, the adult education budget fully funds or co-funds provision from pre-entry to level 3, to support adults in gaining the skills that they need for work, an apprenticeship or further learning. This includes a significant amount of fully funded provision, including English, maths and digital courses, the first full level 2 and level 3 for learners aged between 19 and 23, and fully funded training up to and including level 2 where learners are unemployed or in receipt of low wages. The noble Baroness, Lady Garden, referred to this category of learner, which includes learners who have already achieved level 2 or above but need to retrain to improve their job or wage prospects. I will cover my noble friend’s final but important point about level 3 funding for those aged 24 and above, which I have not covered yet, when dealing with Amendment 80, in the name of the noble Lord, Lord Watson.

A number of noble Lords spoke to the part of the amendment relating to apprenticeships. From August 2020 to January 2021, 16 to 24-year olds accounted for 53% of apprenticeship starts. In the same period, level 2 and level 3 starts made up over two-thirds of starts, so across the programme we are already meeting the aims of this amendment by focusing on younger and entry-level apprenticeships. However, that does not mean that every employer should meet that goal. Legislating in the way proposed will reduce employers’ ability to meet their individual skills needs, and reduce opportunities for individuals, including older workers who may need to retrain or want to progress in their career.

--- Later in debate ---

[Lord Adonis (Lab)]

My Lords, the noble Baroness said that there was now a scheme for enabling large employers to transfer part of the proceeds of the apprenticeship levy to SMEs. What is the incentive for them to do that? It was not clear to me why they would do it, apart from just good will—they may do it for good will, but it is good to have some incentives. Also, although she issued a lot of warm words about younger apprenticeships, she did not—unless I missed it—directly address the third part of the amendment from the noble and learned Lord, Lord Clarke, which requires employers receiving apprenticeship funding to spend

“at least two thirds of that funding on people who begin apprenticeships at Levels 2 and 3 before the age of 25.”

What is the Government’s view on an actual requirement that two-thirds of the funding be spent on those who are under 25?

[Baroness Penn (Con)]

As noble Lords will be aware, when large employers pay the apprenticeship levy, those funds stay in their account for up to two years and, if unspent, return to the Government. They fund wider apprenticeship provision, such as the provision of maths and English tuition, the administration of the scheme and other aspects of it. However, we know that large employers have unspent funds. They may, for example, want to transfer those to other businesses in their supply chain that would benefit from taking up apprenticeships in that form. That is one incentive they may have to transfer the levy funds.

On the point about obliging employers to have two-thirds of their apprenticeships filled by young people, while we want to ensure that young people and employers are incentivised to take up apprenticeships and are working towards that, one piece of feedback we get from employers about the unspent levy is a lack of flexibility on how to spend it. There is always a balance in ensuring that there is sufficient flexibility for how employers can use their levy while making sure that it delivers on the aim: high-quality, technical apprenticeship schemes that deliver the skills that employers need.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I have received no further requests to speak after the Minister, so I call the mover, the noble and learned Lord, Lord Clarke of Nottingham.

[Lord Baker of Dorking (Con)]

My Lords, I asked specifically about the skills fund. When it was published, the fund said that it had four items of expenditure—it is a huge fund of over £2 billion, and the first item was £93 million to pay for free training for A-levels. The Government are consulting again on the skills fund; is that proposal on ice or has it been withdrawn?

[Baroness Penn (Con)]

My Lords, I will have to undertake to get more detail for the noble Lord on that specific point. I can confirm two things: the current consultation on the skills fund does not mean that existing funding committed under that fund for this year has been put on ice. I referred to the national skills guarantee for level 3 qualifications—of course, a full level 3 is equivalent to A-levels—and the skills bootcamps, which are also funded this year. I undertake to write to him to address his specific point about A-levels.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, the Government strongly believe that young people and adults at all stages of their careers need to be equipped to make informed choices and able to gain the qualifications they need to progress in their chosen field. That is why we already have a legal framework in place that requires schools and colleges to provide independent careers guidance to all 12 to 18 year-olds.

My noble friend Lord Baker’s amendment, which led to the commencement of the Baker clause in 2018, referred to by several noble Lords, also means that schools now have a statutory duty to provide opportunities for pupils to meet apprenticeship providers and learn about technical education options.

We are investing over £100 million in 2021-22 in careers provision. This includes funding for the National Careers Service to provide careers guidance to people of all ages, and funding for the Careers & Enterprise Company, to support schools and colleges to meet the Gatsby benchmarks, the Government’s framework for young people’s careers guidance.

I turn first to Amendment 78, so well introduced by the noble Lord, Lord Addington, on behalf of his noble friend. Section 125 of the Education and Inspections Act 2006 already requires Ofsted to consider the quality of the careers offer at further education colleges when conducting standard inspections. Ofsted also comments on it in the inspection report. This applies to all 16 to 18 year-olds as well as students aged 19 to 25 for whom an education, health and care plan is maintained and who attend institutions in the further education sector.

Ofsted’s grade descriptors set out an expectation that a good FE and skills provider will provide high-quality, up-to-date and locally relevant careers guidance and unbiased information about potential next steps to everyone.

Local skills improvement plans will provide a source of independent information to strengthen Ofsted’s monitoring and inspection of providers’ performance and outcomes, including their contribution to meeting the skills needs of the local area. FE colleges will be able to take the plans into account when delivering high-quality careers guidance. We will encourage careers leaders in colleges to interpret data on emerging and changing skills needs for their students.

The noble Lord, Lord Aberdare, asked about the reverse interaction, with careers leaders in colleges being able to input into the local skills improvement plans. We will explore that through the trailblazers, as we discussed in earlier parts of the Bill, and, depending on what we learn from that process, it may be best placed in the statutory guidance that will be put in place to guide the development of LSIPs.

My noble friend Lord Baker’s Amendment 82 seeks to make it a duty for schools to allow access to alternative education providers. As my noble friend set out, we are committed to implementing and strengthening the Baker clause, which is already in place, so that all pupils receive information about apprenticeships and technical education qualifications.

In the Skills for Jobs White Paper, we announced a three-point plan to strengthen the clause. First, we are introducing a new minimum requirement, covering

“who is to be given access to which pupils and when”.

Secondly, we are introducing

“tougher formal action against non-compliance”.

Thirdly, “government-funded careers support” for schools will be made conditional on complying with the Baker clause. We want to make sure that any changes that we make are the right ones, which is why the department plans to consult on proposals to strengthen the legislation, with the intention of then introducing secondary legislation.

I do not think that now is the right time to introduce new primary legislation here, when we are still working to strengthen and ensure compliance with the first Baker clause and have a legislative route by which we can do so. I would love to meet my noble friend to discover more about this; however, I go on maternity leave on Thursday, so I might have to make provision for officials to reach out to the noble Lord to discuss our new proposals and make sure that, ahead of Report, we have had full engagement with him on what our plans are.

Amendment 83 from the noble Lord, Lord Patel, seeks to ensure that there is always an up-to-date careers strategy in England. The Government have already taken steps towards this—for example, in the Skills for Jobs White Paper, we announced measures to deliver our long-term vision of a high-functioning national careers system. Professor Sir John Holman has been appointed as the independent strategic adviser on careers guidance. He is advising on greater local and national alignment between the National Careers Service and the Careers & Enterprise Company and will advise on the development of a cohesive careers system for the long term. I am afraid I do not have an update for the noble Lord, Lord Aberdare, and other noble Lords on Sir John’s work at this time. However, we continue to make progress on delivering our careers commitments.

This leads me to Amendment 84, which seeks to ensure that “all further education providers” in England can access careers hubs. In the same skills White Paper, we confirmed our ambition to extend access to careers hubs to all secondary schools and colleges in England, including special schools and alternative provision. This year, we expect to increase the number of schools and colleges in careers hubs by 1,050, taking the total to at least 3,300.

This has been an important discussion on the provision of careers guidance and advice in our education system. The Government are in the middle of delivering some wide-ranging reforms in this area and, as noble Lords have noted, delivery is really the name of the game on a lot of these measures. I therefore hope that noble Lords are reassured that the Government are taking steps towards this, that the noble Lord, Lord Addington, is able to withdraw the amendment on behalf of his noble friend, and that other noble Lords will not feel the need to move their amendments when they are reached.

--- Later in debate ---

[Lord Adonis (Lab)]

My Lords, is the noble Baroness able to give us any information about the provision of apprenticeship options through UCAS? I appreciate that she may not have that information available, so could she write to Members of the Committee about it? There is quite an important issue about actual availability and pathways for young people going through vocational and technical education routes.

[Baroness Penn (Con)]

I am aware that that was one option being looked at to improve the way that young people can navigate their next steps, post school. I do not have the specific outcome of that investigation to hand, so I will happily write to the Committee on that matter.

[Lord Addington (LD)]

My Lords, this has been an interesting debate and one which brought, I am afraid, horrible reminders for me about the situation on special educational needs. Something should happen, and we have done something that should correct it, but it has not. The noble Lord took us through the appeals process. I felt that most pupils would have left school by the time it had finished, which does not give a parent or the person driving it that much incentive to follow it through, to be perfectly honest.

Will the Minister take on board the intentions behind this, because at the moment it is not working? We do not have that breadth of knowledge going in to inform pupils and parents about the options. We just do not have it and, although it might be slightly better under this direction of travel—the Minister said “In a little while”—there will still be lots of holes, judging by the past record. We are going into a culture that does not want to change because it is quite comfy with where it is, thanks very much. It quite likes getting people X grades and on to X institutions, then forgetting about it.

If we are talking in the Bill about giving a broader aspect to what people can get out of this—I come back to levels 4 and 5, the underplayed bit of the education system—we are going to have to educate pupils and teachers, and everybody else, that they have something that can give them a career pathway that may well be more rewarding than, for instance, higher education. It has to go a lot wider than apprenticeships; apprenticeships have been the silver bullet that has successfully missed the mark. We have even run out of ammunition because we are not getting people there. We have got to do better.

If I had to choose a favourite from this little pack of amendments, I would probably run with the amendment from the noble Lord, Lord Baker. With his level of experience on this, I do not suppose that is any surprise to anybody. I would suggest that we will have to look at this in further detail on Report. There is no disagreement here about the fact that more work needs to be done. There is disagreement only about what progress and what weight has to be put behind the process of change. Bearing that in mind, I beg leave to withdraw Amendment 78.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, the Kickstart scheme was created and deployed rapidly to provide urgent jobs for young people to support their long-term work prospects. Kickstart will help to reduce the long-term effects of unemployment caused by the pandemic.

To be effective, the scheme must be targeted. It is for that reason that Kickstart funds the creation of jobs for people aged 16 to 24 on universal credit and at risk of long-term unemployment. Through Kickstart, these young people have the chance to build confidence and skills in the workplace and gain experience that will improve their chances of progressing to find long-term, sustainable work.

Turning to the amendment in the name of the noble Lord, Lord Storey, I should point out that, as with other grant funding schemes, the Kickstart scheme is not cited in legislation but exists pursuant to the powers of the Secretary of State for Work and Pensions under Section 2 of the Employment and Training Act 1973. The amendment would not therefore be appropriate as it seeks to make legislative amendments to something not named or referenced in legislation. However, I understand that the point of the amendment is perhaps rather more probing and, in fact, encouraging from some noble Lords; I will seek to address their points about the Kickstart scheme in my response.

I assure the noble Lord, Lord Addington, the noble Baroness, Lady Fox, and others that the Department for Work and Pensions already keeps the Kickstart scheme under review. It continues to deliver Kickstart jobs to the young people who need them most. However, I am afraid that I must disappoint noble Lords because, at present, there are no plans either to expand Kickstart outside the current eligibility criteria or to expand the length of the scheme.

As I said, Kickstart was designed as a response to the impact of the pandemic and the economic restrictions put in place at the time. As we are phasing out those restrictions, we will transition to a new phase in our response. However, let me say to noble Lords that the Kickstart scheme will run until December; that is the last date for placements on the scheme, which run for a further six months into 2022. After the winding down of the Kickstart scheme at that point, a range of support will continue to be on offer for all young people, including those claiming jobseeker’s allowance or universal credit. This support offer involves placements on the sector-based work academy programme.

The noble Lord, Lord Watson, referred to apprenticeships. Although we do not plan to link Kickstart and apprenticeships formally, he will be aware of the incentive payments that we have put in place during the pandemic to encourage employers to take on young people through the routes of traineeships, work experience, mentoring circles, basic skills training and skills boot camps, in addition to locally available support.

Young people aged between 18 and 24 in the intensive work search regime of universal credit are able to access the DWP youth offer, which offers them wraparound support through the 13-week youth employment programme and is complemented by joined-up local delivery through our youth hubs and specialist youth employability coaches. As some noble Lords will know, we have recruited an additional 13,500 DWP work coaches and established more than 140 youth hubs across England, Scotland and Wales.

The noble Baroness, Lady Fox, spoke about some young people most in need of employment progression perhaps not being in receipt of universal credit and not qualifying for this programme. She is right: Kickstart is focused not on those who might need progression but on those who are unemployed and at risk of long-term unemployment. We will not seek to amend its criteria in that way.

To the noble Lord, Lord Adonis, the Department for Work and Pensions will monitor and evaluate the Kickstart scheme throughout and after its implementation, and will continue to evaluate the longer-term outcomes for Kickstart participants after they have completed their six-month placements. The Department for Work and Pensions will publish the findings of that evaluation once it is complete.

The noble Lord, Lord Lucas, asked for more support for employers to take on Kickstarters. The £1,700 is in addition to paying the salary of the Kickstarter for the duration of their placement. As the noble Lord, Lord Watson, referred to, we have had great employer engagement in providing these opportunities. My understanding is that 145,000 jobs are currently available. To update the statistic that the noble Lord, Lord Watson, had for the number of young people who have started on Kickstart, as of 30 June that has reached 40,000—so that is a significant ramp-up in delivery. On average we currently have 500 starts to Kickstart jobs per working day. Noble Lords were right to point out that we had to make some improvements to how the scheme ran, but it is now running at a faster and better pace and delivering that support to young people.

Although I am afraid I cannot say that we will extend the duration of the Kickstart scheme or change its eligibility, as I said, we keep it under review at the Department for Work and Pensions. A longer-term evaluation of that scheme will also be undertaken. I therefore hope that the noble Lord, Lord Addington, is able to withdraw the amendment on behalf of his noble friend.

[Lord Addington (LD)]

My Lords, I am trying to sum up what has been said. Apart from anything else, “Storey-cum-Addington” from the noble Lord, Lord Aberdare, sounds like a small village in a not very distinguished novel. We will let that one go.

It is a very odd thing. The Government put huge effort into a scheme and there seem to be some signs of hope. I am not sure whether I am much less enthusiastic about the Government, what progress they have made and the promise of jobs than the noble Lord, Lord Watson, so I am being much more optimistic. We can possibly discuss that later.

The Government have said they are keeping things under review. I cannot remember the number of things the Government keep under review. Just about everything is kept under review for a period, officially, so saying they are doing that does not really answer the general thrust of the amendment. Are they going to take it, look at it, study it and develop it, or are they going to say, “We’ll have a look at it sometime, maybe never, and remember that it’s in the archive”? That is the real difference here.

I appreciate that the amendment may well be defective because apparently this is done by regulation, which is in the gift of the Secretary of State—fair enough.

As for the idea from the noble Lord, Lord Adonis, suggesting that my noble friend include it in his review, that would not really address the point, would it? Apart from anything else, a committee of the House would quite rightly have my head if I told it what it was supposed to be doing. It having a look at this and making some small assessment for a report that will come out in a period of time would go right beside the Government’s long-term review of something.

If the Government are seriously going to learn about this, take it on board and take some action, I will be surprised but glad. Under those caveats, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Watson of Invergowrie (Lab)]

Ah, a lot earlier than expected, but thank you, Lord Deputy Chairman. As with the previous amendment in the name of the noble Lord, Lord Willetts, this recalls debates in which both he and I participated four years’ ago on what was then the Higher Education and Research Bill. This amendment in particular evokes the many considered by your Lordships’ House on the teaching excellence framework. As an aside, I say that the Bill we are considering today has about 100 amendments being discussed over four Committee days. We are fortunate, because in 2017 the Higher Education and Research Bill had more than 500 amendments tabled to it over seven Committee days, most finishing very late into the evening—happy days.

I believe that the connection I drew with the TEF—which has as its full title the Teaching Excellence and Student Outcomes Framework—is relevant, because both the TEF and the key learner data, which this amendment suggests should be collected, is the same in respect of graduates’ employment and income data. In 2017, I believed that TEF was both intrusive and—not entirely, but largely—irrelevant. I hold the same view about the key learner data. I do not believe the data mentioned in the amendment is key, although it would be for researchers to define it in any way that they saw fit, were this to be adopted. That seems to be much too open-ended, potentially covering subjects that appeal to the imagination of any underemployed researcher.

The amendment states:

“What constitutes ‘key learner data’ must be reasonably defined”.


Who would decide what is reasonable? As far as I can see, the noble Lord, Lord Willetts, did not say what, apart from graduates’ employment and income data, it might involve—would it include a person’s socioeconomic background, whether they were state or privately educated, an undergraduate or postgraduate, or a mature student, or maybe even their ethnicity? I understand that the noble Lord, Lord Willetts, aims to increase the number of researchers with access to information on graduates, and I support that, but who would act as the gatekeeper? If I did not know and very much respect the noble Lord, Lord Willetts, I would say that he might even be making a rather fanciful suggestion. That said, I do not see the merit that he sees in this amendment and, notwithstanding his opening remarks and explanation to noble Lords, I am unable to signify our support.

[Baroness Penn (Con)]

My Lords, I thank my noble friend Lord Willetts for tabling this amendment. Like my noble friend, the Department for Education is fully committed to facilitating external research and recognises its valuable contribution to the evidence base surrounding the education and skills system in England.

The intended purpose of this amendment, as set out by my noble friend—namely, to ensure that administrative data about learners is available for research and longitudinal studies in the public interest—is something that the department fully supports. However, public authorities, including the department, are already able to disclose information for research purposes under Chapter 5 of Part 5 of the Digital Economy Act 2017, as my noble friend referenced. For example, in line with the National Data Strategy, the department is already working with partners such as Her Majesty’s Revenue & Customs, the Department for Work and Pensions, the Higher Education Statistics Agency and the Office for National Statistics. Here the Act is being used to give researchers access to education data linked to benefits, employment and earnings in a de-identified manner via the Office for National Statistics Secure Research Service. This data, referred to as LEO—as my noble friend the Minister has already said—was opened for applications on 7 July this year. This example is one of almost 500 shares of departmental data using existing gateways which were live at the end of March 2021. As part of our commitment to transparency, details of all live shares are published quarterly on GOV.UK.

Given that the department and other public authorities are therefore already able to and do actively share data for research in the public interest, I hope that my noble friend is reassured that this amendment is not necessary and is able to withdraw it.

Skills and Post-16 Education Bill [HL]

Baroness Penn Excerpts

Committee stage
Wednesday 21st July 2021 Lords Chamber

I realise that this falls between departments. If this were a DWP Bill, I would not be surprised if the Minister got up and said, “It’s not the job of the benefits system to fund full-time students. That’s what student finance is for”. Since the Minister responding is from DfE, it would be interesting to hear her take on how her department thinks people should be funded to acquire new skills. Above all, government departments need to work together. I look forward to the Minister’s reply.

[Baroness Penn (Con) [V]]

My Lords, this group of amendments broadly seeks to enable individuals studying at level 3 and below to claim universal credit. It may be helpful to noble Lords if I set out the work already under way in this space, as was noted by several participants in the debate.

Officials at the Department for Education and the Department for Work and Pensions are working together—I hope that the noble Baroness, Lady Sherlock, will be reassured by that fact—to mitigate the barriers to unemployed adults taking advantage of our skills offers. In April, an extension to the flexibility offered by universal credit conditionality was announced for a trial period of six months. The noble Baroness, Lady Janke, made a point about the eight-week cap for full-time training for those on universal credit. As a result of the trial under way, adults who claim universal credit and are part of the intensive work search programme can now study full-time for up to 12 weeks, or up to 16 weeks as part of a skills bootcamp in England. This builds on the eight weeks for which claimants were already able to train full-time. Such measures are helping to ensure that universal credit claimants are supported in accessing training and skills that will improve their ability to gain good, stable, well-paid jobs.

Amendment 90A, moved by the right reverend Prelate, and Amendment 93, tabled by the noble Baroness, Lady Janke, have a similar thrust so I will take them together. Section 4(1)(d) of the Welfare Reform Act 2012 sets out that one of the basic conditions of entitlement to universal credit is that the person must be “not receiving education”, which can be defined in the regulations made under subsection (6). Financial support for students comes from the current system of learner loans and grants designed for their needs. Where students have additional needs that are not met through this support system, exceptions are already provided under Regulation 14 of the Universal Credit Regulations 2013, enabling those people to claim universal credit.

However, universal credit is not intended to duplicate the support provided by the student support system. Furthermore, the sub-paragraph of Regulation 14 referenced in Amendment 93 provides an exception to the requirement that a person must not be receiving education to be entitled to universal credit. That is designed to support care leavers aged 18 to 21 who wish to catch up on education that they may have missed when they were younger, and to make welfare support available to them. We therefore feel it would be of benefit to maintain this regulation to continue to support this group of adults.

On Amendment 98, tabled by the noble Baroness, Lady Sherlock, and the point raised by the right reverend Prelate and the noble Baroness, Lady Janke, that it is not possible to take advantage of the lifetime skills guarantee while on universal credit, I point out more broadly that an adult undertaking a course up to level 3 may still be entitled to universal credit. This is provided that their course is compatible with work-related requirements agreed with their work coach. Where the course is work-related and will give the person the best chance of securing work, the work coach may consider it a suitable work preparation activity. In such cases, time spent on the courses will be deducted from the amount of time the person needs to spend looking for work.

To answer the questions from the noble Baroness, Lady Sherlock, on this principle, she is right in noting that those on universal credit should not restrict their availability for work in favour of the course that they are undertaking. They might need to be prepared to give up or, more suitably, adjust their course in order to take up work, for example by moving to a part-time basis. The noble Baroness’s second question was on the pilot that we introduced for full-time training to last up to 12 or 16 weeks. We will evaluate the impacts of that extension before making a decision on its future. As the noble Baroness noted, the pilot runs until the end of October and then we will look at its effects.

I hope I have set out that the Government are already taking steps to ensure that the benefit system works better for those who need to undertake training to improve their prospects of finding work. As such, I hope that the right reverend Prelate is able to withdraw his amendment and that the noble Baronesses will not move theirs when they are reached.

[The Lord Bishop of Durham [V]]

My Lords, I thank the Minister for her reply and thank all colleagues for their comments on all three of the amendments in this group. I am very grateful for all the insights that were offered. Thank you, Minister, for outlining where work is already under way. That is reassuring, and it is also reassuring to hear that the DfE and the DWP are working together to help mitigate barriers—I trust that will continue and deepen—and to hear of the greater flexibility already under trial.

On reflection, listening to the complexity with which the Minister cited sections, subsections and so on from different Acts to explain the system does not give me great confidence for the poor person trying to do a level 3 qualification and decide whether they can get some financial support through universal credit. I understand that the complexity of the law is a bit different from the way that a work coach might approach it, but she illustrated one of the difficulties for young and older people seeking to find their way through this system. At this stage, of course I will withdraw my amendment, but I hope that on Report there will be evidence of further joint working with the DWP and further consideration of where this might be eased for those for whom access to universal credit would make a complete difference to their upskilling for the future.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

My Lords, we welcome this probing amendment, introduced by the right reverend Prelate the Bishop of Durham and supported by the noble Lord, Lord Addington, and my noble friend Lady Morris. It is an opportunity to discuss the Government’s plans to introduce a longer-term funding settlement for further education, because the White Paper recognised that further education funding has been wholly insufficient.

Alongside increased funding, there is a need for, as alluded to by the noble Lord, Lord Addington, simpler, longer-term funding settlements that allow colleges to deliver on long-term strategic priorities. Their funding compares extremely unfavourably with university and school funding. Annual public funding per university student averaged £6,600, compared with £1,050 for adults in further education. Recent research from IPPR has found that if further education funding had kept up with demographic pressures and inflation over the last decade, we would be investing an extra £2.1 billion per year in adult skills and £2.7 billion per year in 16 to 19 further education. The result of this underfunding is that colleges have had to narrow their curriculum and reduce the broader support they offer to students—including careers advice and mental health services—and 16 to 19 funding for catch-up has also been woefully insufficient.

To deliver on the skills agenda, it is imperative that the Bill is backed up by long-term, multiyear, simplified funding. It will require redressing the long-standing underinvestment of the college sector in the upcoming comprehensive spending review with serious long-term funding—otherwise it will simply not be deliverable. But this must not come at the expense of HE funding. We want FE and HE to collaborate rather than compete for resources, because destabilising university funding, cutting courses or capping numbers will deny students the brilliant education and experience that our world-class institutions in the UK have to offer. Denying young people opportunities must not be the legacy of this Government’s approach.

Ensuring parity of esteem between different post-16 routes is enormously important, but it is best achieved by investing in FE and not by taking funds away from HE and levelling down. Having an ability to access further and higher education, with investment that matches that ambition, is the only way that the country can meet its skill needs and provide pathways into good careers today, as well as jobs for the future.

[Baroness Penn (Con) [V]]

I thank the right reverend Prelate the Bishop of Durham for tabling his amendment. Based on the substance of the debate we just had, I am not sure that there is much disagreement between the Government and noble Lords.

The Government are committed to transforming further education so that everyone can access high-value provision relevant to labour market needs and job opportunities. As noble Lords noted, we published the Skills for Jobs White Paper in January, setting out the future policy direction in this area.

Over the past two years, we have invested significantly in post-16 education. In the 2019 spending round, we increased 16 to 19 year-old further education funding by £400 million, followed by a further £291 million at the spending review 2020, so the direction of travel for policy has been matched by the direction of travel for funding.

In addition, we are investing £325 million of the £2.5 billion national skills fund this year to support adult skills and retraining. We are continuing our investment in the £1.3 billion adult education budget and the £2.5 billion apprenticeships budget. We are also continuing our £1.5 billion multiyear capital investment in the FE capital transformation fund. This funding is helping to deliver on the commitments made in the Skills for Jobs White Paper and the lifetime skills guarantee. Noble Lords have rightly made the point about longer-term funding. However, funding beyond 2021-22 will be considered as part of the wider spending review later this year.

In addition, we have launched an extensive government consultation on reforms to the further education funding and accountability system to address many of the points made by the noble Baroness, Lady Wilcox. This consultation is a first step towards a funding and accountability system that will maximise the potential of further education and help us to build back better. We want to use the consultation to start a dialogue with the sector, employers and other interested parties on how government funding can be administered more simply and effectively so that colleges and other providers can focus on supporting learners to develop the skills they need.

Similarly, in the Interim Conclusion of the Review of Post-18 Education and Funding, we committed to consulting on further reforms to higher education, including on future funding. We continue to consider the recommendations made in Sir Philip Augar’s report, supported by an independent panel, and will conclude that review in due course.

Furthermore, to address the points made by the noble Lord, Lord Addington, we want all children and young people, no matter their background or special educational needs or disabilities, to reach their full potential and receive the right support. That is why we are allocating significant increases in high-needs funding—an additional £780 million in 2020-21 compared with 2019-20 funding levels, and a further £730 million in 2021-22, bringing the total support for young people with the most complex needs to over £8 billion.

In addition, the national funding formula for 16 to 19 year-olds includes extra funding for disadvantaged students. This is provided to institutions specifically for students with low prior attainment or who live in the most disadvantaged areas. Last year, the Government allocated more than £530 million in disadvantage funding to enable colleges, schools and other providers to recruit, support and retain disadvantaged 16 to 19 year-olds and to support students with special educational needs and disabilities. We also apply disadvantage uplift through the element of the adult education budget distributed by the Education and Skills Funding Agency to provide increased funding for learners living in deprived areas. The adult education budget also provides funds to providers to help adults overcome barriers to learning. This includes learner support for those with financial hardship and learning support to meet the additional needs of learners with learning difficulties.

As outlined in the Skills for Jobs White Paper, we will ensure that those with special educational needs and disabilities continue to gain direct work-related skills alongside maths and English to increase their employability. The noble Lord will know that the cross-government SEND review is identifying the reforms needed to improve support for children and young people with SEND, including those in post-16 provision, by working with system experts to design a SEND system fit for the future drawing on the best evidence available.

The breadth of measures already in train—some noble Lords may say that is a long list—contain many elements of a concerted strategy that is moving in a consistent direction on the back of a number of reports and reviews that have sought to look at this on a long-term basis, whether we go back to the Sainsbury review or the more recent Augar review. While I completely agree with the need to take a long-term and strategic approach to this issue, I am not sure that a further review supported by an independent panel at this time is the right way to knit this all together rather than the progress that we are making on delivering the important outcomes of a number of those reviews already undertaken. I therefore hope that the right reverend Prelate is able to withdraw his amendment.

[The Lord Bishop of Durham [V]]

My Lords, I thank the noble Lord, Lord Addington. I knew I could rely on him to pull out the specifics around special educational needs and the reasons for the need for long-term support and development. I thank the noble Lord, Lord Aberdare, for his support for the amendment.

I am very grateful to the Minister for her long and full answer which I will need to read carefully in Hansard to get the full breadth of all she outlined. I thank those who work with her for producing such a comprehensive list at this point. I will need time to look at and reflect on the length of the answer to determine whether there is enough guarantee or whether to pursue the possibility of this being in the Bill.

I wish the Minister well and hope she will have a safe and joyous delivery and much joy in her new child and family life. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Watson of Invergowrie (Lab)]

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

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

“there’s no such thing as society.”

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

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

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

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

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

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

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

[Baroness Penn (Con) [V]]

My Lords, the Government appreciate the importance of all forms of education in improving life chances, both through employment and through meeting broader social goals. For example, recent research from the Workers’ Educational Association, a leading adult provider, found that 22% of its students took part in activities to improve their local community as a result of their course.

Many of the skills mentioned in the amendment are particularly associated with community learning provision. The objectives of community learning provision are to develop the skills of adults to help them improve their health and well-being, develop stronger communities and progress towards formal learning or employment. Since 2019-20, a significant part of our £230 million funding for community learning has been devolved to mayoral combined authorities and the Greater London Authority. In line with their strategic skills plans, those authorities are shaping education and skills provision, including supporting adults in developing new skills to improve well-being in their local communities. In May 2021, we announced that up to 7,800 colleges and schools will be able to access senior mental health lead training by March next year, as part of the Government’s commitment to offer this training to all colleges and state schools by 2025.

We are also supporting community participation elsewhere in the education system through the teaching of citizenship, which is in the secondary school national curriculum. The programmes of study are to direct teaching towards the core knowledge of citizenship to help prepare pupils to play a full and active part in our society. At key stage 4, pupils will be taught about the different electoral systems in and beyond the United Kingdom and how citizens influence decisions locally, nationally and beyond.

Pupils in the school system also currently receive financial education through the maths and citizenship curricula. To reassure the noble Lord, Lord Aberdare, first aid and CPR are included in the national curriculum and are therefore compulsory in maintained schools and a benchmark in academies and free schools.

Improving the responsiveness of provision to the skills needs of local learners and potential future learners is already a key part of the proposals in the Bill. I do not accept that the Government artificially separate employment skills from social or life skills. The new duty set out in Clause 5 would require colleges and designated institutions to review how well the education or training they provide meets local needs and to consider what action might be taken to address any local skills gaps.

As described in our draft statutory guidance, the needs covered by a review would cover the whole of the institution’s education and training offer, including wider social needs of the kind currently addressed through community learning provision. The Government’s view is that decisions on how effective provision is in meeting local needs is a judgment best reached at a local level, by providers working in partnership with both employers and the wider communities they serve. This duty strengthens that process by establishing a legal framework that will help ensure transparency and consistency, and which promotes accountability around decisions on provision that is vital for local communities.

--- Later in debate ---

[Lord Watson of Invergowrie (Lab)]

My Lords, this is the final group today and I see that I am the only speaker, other than the Minister.

Clause 22 creates a power for the Department for Education to intervene in cases where a college is failing to meet local needs as set out in a local skills improvement plan. The Minister may not be aware that this is the eighth time that the DfE has amended its intervention powers in the past 25 years.

The effect of the amendment would be to prevent the Secretary of State’s intervention powers from automatically coming into force two months after the Act is passed. That would allow time for local skills improvement plans to be developed and for providers to have the opportunity to respond appropriately. There is no obvious reason—at least, not to me—why those powers would be needed so soon, given that the trailblazers have only just been announced and are not due to report until next year. It will then take time to develop the local skills improvement plans and for colleges to action them. The DfE surely needs to allow time for the new arrangements to take effect and should focus on supporting colleges to deliver on long-term strategic priorities and engender trust across the system. Moreover, the system should act to develop the authority, autonomy and accountability of colleges to deliver on long-term strategic priorities.

The Minister will also be aware that we are concerned by the nature of these powers themselves. Intervention should be reserved to cases where it is really necessary, and the legislation should clarify a limited set of circumstances where the DfE would use intervention powers to require compliance with a local skills improvement plan. In January, the DfE proposed to make its intervention rules more targeted, following the finding in a 2020 National Audit Office report that almost half of colleges were in early or full intervention. I hope that the Minister can update the Committee on that progress, too.

I hope that my description of the amendment is clear. I beg to move.

[Baroness Penn (Con) [V]]

The noble Lord has set out his amendment clearly to the Committee. As he said, the measures in Clause 22 strengthen existing intervention powers under the Further and Higher Education Act 1992. They will enable the Secretary of State to intervene where the education or training provided has failed to meet local needs. They will also enable the Secretary of State to direct the governing body to make structural changes. This should help to resolve the most serious cases of college failure more quickly, where other intervention steps have not secured improvements.

As the noble Lord said, the effect of his amendment would be that Clause 22 would not automatically come into force two months after the Act is given Royal Assent. The measures in Clause 22 fit within the package of reforms concerning local needs in Clauses 1 to 5. They also enhance the existing statutory framework that underpins intervention activity undertaken through administrative arrangements, which we are strengthening. For those reasons, the Government’s view is that Clause 22 should be commenced at the same time as those other measures, two months after Royal Assent.

I would stress to the noble Lord that there is not an intention on the part of the Government to make early use of the new intervention powers. Our main focus will remain on supporting colleges and designated institutions in their response to the reforms supported by the measures in the Bill. I re-emphasise that use of the powers should only ever be a last resort, where it has not been possible to secure improvement by other means.

I completely understand the noble Lord’s point about the time that it will take to deliver local skills improvement plans, based on the outcomes of the trailblazers and other elements of colleges and FE providers meeting local needs. However, we see these reforms as part of an existing single package, and Clause 22 also contains powers to intervene to make structural changes to FE colleges. Although I re-emphasise that it is not our intention to make early use of these powers, we see these as a single set of reforms, which we would like to commence together.

As this has been such a short and sweet debate, I would like to take a moment to address a bugbear that came up in a previous group, when the noble Lord, Lord Addington, reacted to my reference to “higher needs”. I have, I hope, completely heard the noble Lord’s points throughout this Committee stage to the effect that, for many students, this is not about higher needs but about something much more on the margins, so that they have not been identified previously but do need to be identified when they reach further education. A lower-level intervention could make all the difference to those students’ education and their success, so I completely take the noble Lord’s point.

As this is the last time I shall be speaking, I thank noble Lords for their good wishes—and I hope that the noble Lord, Lord Watson, will feel able to withdraw his amendment.

[Lord Watson of Invergowrie (Lab)]

There has not been much of a “sweet debate”, as the Minister described it, to reply to, but I would like to address one or two details in what she said. She said that there is no intention on the part of the Government to make early use of the powers. I accept that: I am sure that is what she believes, and that that is the case at the moment. But such things can change. She also said that the powers would be used only as a last resort. Again, every other attempt should have been made to bring about improvement, and this is a backstop—but that is not likely to happen within two months of the Bill becoming law.

The Minister did not explain why the powers would be needed before the trailblazers had reported. Trailblazers are important; she talked about them herself, and we have all put a bit of faith in them to inform us where we should go in the early years of the effects of the Bill. My point has not been answered, but I do not think there is much further I can take it.

I will conclude by saying that it is usual at the end of a Bill for noble Lords to thank those who have contributed at various stages and at various levels. Of course, at this stage we are only at the end of Committee, which is just finishing now. But for the noble Baroness, Lady Penn, this is the last of her involvement with the Bill. So I certainly want to join in the good wishes from other noble Lords, including the right reverend Prelate the Bishop of Durham, who revealed that—for those noble Lords who do not know—the noble Baroness, Lady Penn, is with child.

We have not only enjoyed her contributions, but I think it is appropriate to say that, to some extent—I am not sure whether she has considered this—she is the personification of the trailblazers whom she herself has talked about today and on other days, because she is the first ever serving Lords Minister to go on maternity leave. Like all other noble Lords, we on these Benches wish her very well and look forward to seeing her back in the new year.

In the interim period, I should also say that, up until now on the Government Benches, it has been very much a case of, in the words of the late, great Aretha Franklin, “Sisters doing it for themselves”. So we await the new ministerial team, when we reassemble in a few weeks’ time on Report. But for the moment, I beg leave to withdraw the amendment.