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.

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[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.

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[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.

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[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.

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[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.

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[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.