Skills and Post-16 Education Bill [HL]

Baroness Whitaker Excerpts

Report stage
Tuesday 12th October 2021 Lords Chamber

[Lord Aberdare (CB)]

My Lords, as a member of the Parliament Choir I am happy to join the chorus of welcome for the Minister in her new role, which is at least as important to the issues I care about as her previous one. I also thank her for helpfully including me in one of the very many meetings she has obviously been having in the last few days, along with members of the Bill team. I shall speak mainly to the Government’s Amendment 49 and very briefly in support of the amendments of the noble Baroness, Lady Hayman.

I do not quite know what to make of Amendment 49, despite the Minister’s helpful introduction. I very much welcome what she said about the Government’s support for independent training providers, but I remain concerned that they are sometimes viewed mainly as gap-fillers in the training system, as being of secondary importance to colleges and other statutory providers, and as having an unfortunate propensity to abandon their learners, which, in reality, happens only very rarely. As a result, they often seem to be at the back of the queue for the allocation of government funding for skills training, and they may have to cut the amount of training they are able to offer.

I understand that Amendment 49 aims to ensure that conditions specified for inclusion in the list of relevant providers allow some flexibility in determining whether they have been met. This is welcome if it gives independent training providers some wiggle room in meeting conditions, but less so if it results in judgments—for example, on the quality of the student support plans the Minister mentioned—which could have a degree of unpredictability or subjectivity.

Apart from that, independent training providers have continuing concerns about the implications of the list and the conditions for inclusion in it, such as the suggested requirement for a form of professional indemnity insurance which does not currently exist, and about the fees and other costs involved, which may restrict access to the market for smaller providers. West Midlands Combined Authority has also expressed the concern that mayors of combined authorities may be prevented from funding providers they deem suitable but which are not on the centrally approved list.

I welcome the Government’s intention to ensure that this measure does not impose an unreasonable barrier to market for training providers while protecting the interests of learners, and their commitment to continuing to engage and consult with a wide range of stakeholders. I hope the Minister can give some reassurance that the discretion allowed by this amendment will be used wherever possible to facilitate inclusion for ITPs in the list, and that their contribution will be duly recognised in the new arrangements under the Bill, including within LSIPs and in the allocation of funding for skills training.

Finally, I add my support particularly to Amendments 17 and 64 in this group, in the name of my noble friend Lady Hayman and others, which require the Secretary of State to report on how each published LSIP takes account of any national skills strategy and aligns with UK climate change and biodiversity targets. This is the sort of joined-up thinking needed to ensure that the different parts of the new system operate in a coherent way to deliver the skills and training needed by the nation as a whole, as well as in the local areas covered by LSIPs.

[Baroness Whitaker (Lab)]

My Lords, I too welcome not only the Minister but the Government’s recognition of the vital importance of a climate-oriented curriculum. I support Amendment 64, tabled by the noble Baroness, Lady Hayman, and others. This amendment should succeed because it places the policy of integrating the national response to the climate emergency even more solidly into the education and skills process. Without it, we risk not having an entrenched capability to cope with the most long-lasting peril of our times.

[Baroness Wilcox of Newport (Lab)]

I congratulate the noble Baroness, Lady Barran, on her appointment and thank her for meeting with us to discuss the Bill over the conference Recess. I was very impressed by the rapidity with which she got up to speed on this complex Bill. As always, I am grateful for the engagement of officials and other stakeholders in the system who have briefed us. I would also like to place on record my thanks to the noble Baroness, Lady Berridge, for her thoughtful engagement.

Although most of the government amendments are necessary and technical, we were delighted to see on the face of the Bill the need for future skills, capabilities and expertise to align with the UK’s net-zero target. I pay tribute to Peers for the Planet and other Members across the House who argued so persuasively at Second Reading, in Committee and behind the scenes for green jobs to be formally recognised in legislation; and indeed to the further exhortation today of the noble Baroness, Lady Hayman, not to let pass an opportunity to ask for more.

It is imperative that consideration of climate change and environmental goals be embedded in skills strategies, and that LSIPs plan to deliver the high-skilled jobs our countries and our planet so desperately need. This is the right thing to do for so many people who are facing unemployment; it is the right thing to do for our economy to get a lead in the industries of the future; and it is the right thing to do in order to build a better quality of life for people across the UK.

Thus the devolution interactions with my colleagues in the Welsh Government should be resolved with this amendment, while the environmental issues with the requirement for consideration of net zero, the adaptation to climate change and other environmental goals are now in the Bill. They must be considered in the development of local skills plans, together with the requirement for the Secretary of State to publish a national green skills strategy that will include skills and will directly contribute to or indirectly support climate change and environmental goals.

Noble Lords are well aware that we face a jobs emergency and a climate emergency. More than 75,000 green jobs were lost from the UK economy in just five years under this Government. This includes thousands of jobs lost in solar power, onshore wind, renewable electricity and bioenergy, and a huge fall in the number of jobs in the energy efficiency sector. These figures throw into light the huge chasm between rhetoric and reality, with huge falls in low-carbon employment alongside pledges to deliver green jobs but without a genuine green stimulus.

We further see a technical fix in the list of post-16 education providers to allow conditions for being on the list to contain discretionary elements. Thus, an employer is considered an independent training provider only if education and training is provided exclusively to its employees.

We would have preferred a wider range of government amendments to be included in the list, and it will be the Opposition’s position to continue to persuade the Government that previously rejected amendments are crucial for inclusion in this important Bill, to ensure that the upskilling that is so desperately needed across our nations and regions is given the best possible start, and that post-16 education is enhanced and not limited by excluding certain learning pathways and is properly funded for both academic and vocational courses, to improve the life chances of young people and adults alike in the UK.

I hope the Minister can assure the House that this Government are ready to start delivering. It is what the British people deserve and what the crisis we face demands.

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[Lord Watson of Invergowrie (Lab)]

I thank the noble Lord. I did intend to speak before the end of the debate.

I will speak to Amendment 11, which has cross-party support and has also been endorsed by the Local Government Association and the Association of Colleges. We support the Government’s ambition to give local employers a strong role in the skills system through local skills improvement plans, but we believe that it should be done as part of an integrated place-based approach to deliver sustained outcomes for local people and local businesses.

I cannot understand the Government’s determination to exclude major players in the localities where the employer representative bodies are based. There needs to be a much more clearly defined and significant role for local and mayoral combined authorities, as well as colleges and other training providers. There has to be an appreciation of differing labour markets, and the way they have developed and are likely to develop. Surely that is best understood at local and regional level. I suggest, as I did in Committee, that it is impossible to prescribe the skills needed for the whole of England from DfE headquarters, yet that is what the Bill’s measures effectively currently propose.

There has been a change since then because we now have a new Secretary of State, who, we are led to believe, has less centralising tendencies than his predecessor. Making the role of local authorities, MCAs, colleges and training providers clear and more effective would be a positive sign by the new Minister to that effect.

To achieve the best outcomes in every area, local authorities and providers should be named as a core and strategic partner in the LSIP process alongside employer representative bodies. To that end, Amendment 11 would provide for ERBs to develop LSIPs—sorry about all these contractions—in partnership with local authorities, mayoral combined authorities and further education providers to ensure that they reflect the needs of learners, employers and, as I said, the local community. Adults and young people have the right to expect access to quality education and training opportunities provided by a joined-up, place-based employment, skills and careers system. Integration at the local level will be vital to support the skills talent pipeline and to join up those skills and occupational pathways of progression.

Amendment 11 would also require local skills improvement plans to consider social and economic development strategies in the local area and long-term national needs that may not apply to local employers. Unless local authorities have a meaningful role in the development and approval of LSIPs there is a risk that these reforms could create further fragmentation within the skills system, which may result in further education providers being subject to different skills plans, disruption of progression pathways for learners and a lack of local democratic accountability, which I do not think we should lose sight of.

I can tell the Minister that local and combined authorities are ambitious to do more to join up local provision to create integrated skills and employment offers tailored to the needs of local economies and residents. This amendment would make use of local government’s expertise to deliver the best outcomes for every community.

Finally, Amendment 11 would require LSIPs to identify actions that relevant providers and other local bodies can take regarding any post-16 technical education or training that they provide. This is drafted to avoid being too prescriptive but would allow LSIPs to work closely with other agencies, including Jobcentre Plus and careers advisory services. As Amendment 12 from the noble Lord, Lord Aberdare, says, bodies providing careers information, advice and guidance, and independent training are also crucial to the development and success of a local skills improvement plan.

I want to mention the LSIP trailblazers. Less than 24 hours ago, the Minister circulated to noble Lords a 20-page draft guide for employers on LSIP trailblazers. This was promised by her predecessor in Committee 12 weeks ago, so I have to ask why we received it quite literally at the 11th hour, which was not helpful. I do not claim to have gone through it in depth, partly because I was still trying to digest the 69 pages of additional policy notes I found on the DfE website last week that had not been drawn to our attention—yes, I do sometimes have trouble sleeping. There are ways in which communication of some of these papers could be improved, not least in their timing.

Colleges and employer representative bodies in the recently announced successful LSIP trailblazers and strategic development fund pilots will be considering how best they can work in partnership and how they can work with other key partners. There is considerable scope for the sector to lead the way in building new linkages between colleges, universities, schools and other providers; strengthening relationships with mayoral combined authorities and local government; and embedding the voice of students, staff and the wider community in all of this, in so doing demonstrating and strengthening the new environment that they want to operate in. The Government should do everything that they can to facilitate that. It would be to everybody’s benefit.

I am very sympathetic to Amendments 10 and 66 in the name of my noble friend Lady Whitaker, who is yet to speak to them, which aim to ensure that the DfE has a plan for closing the attainment gap and that employer representative bodies have regard to it. The latest annual report from the Education Policy Institute found that the gap between what poorer pupils and their richer peers achieve at school had stopped closing even before the disruption of the pandemic. Disadvantaged pupils in England are now 18 months of learning behind their peers by the time they finish their GCSEs—a huge gap, but the same as five years ago. Disparities at primary school age are also widening for the first time since 2007.

However, a plan will not be worth the paper it is written on unless it includes substantive proposals backed by funding. Noble Lords will be well aware that the Government’s education recovery plan has been roundly criticised as insufficient, including by Tory Members of Parliament and the Government’s own, now departed, Education Recovery Commissioner, Sir Kevan Collins, who said that it did not come close to what was needed. I do not expect the Minister to answer me on that point now, but it is an issue that had an impact on Oral Questions earlier today and which must be taken forward and dealt with if the full effects of the pandemic are to be dealt with. I like to think that we might see a much-needed policy change shortly in the spending review, although, like other noble Lords, I obviously will not hold my breath.

Finally, the development of local skills improvement plans must be inclusive by demonstrating an awareness of and commitment to equality and diversity. It is crucial that those with learning and other disabilities can benefit from the measures in the Bill and that support for schemes that help, especially supported internships, are on the face of the Bill. It requires a focus on making all the so-called three ships—traineeships, supported internships and apprenticeships—more accessible and widely available, opening up pathways into long-term employment for people with a learning disability. Apprenticeships need to be made more flexible; this should be included as part of reforms to the post-16 education offer. Additionally, we want to see more of a commitment to people with education, health and care plans, as well as those who have disabilities but do not qualify for such care plans. Leaving these groups out will only further entrench the current barriers that people with learning disabilities face in finding sustainable paid employment.

There is much for the Minister to respond to in this group of amendments. I do not expect her to respond to all of it in detail but it would helpful if she could follow up on some of my points by letter after the debate. However, let me be clear: we want both employer representative bodies and local skills improvement plans to be successful but we believe that, as it stands, the Bill will limit what can be achieved. There are so many people and organisations with much to offer. They should be encouraged to play their part fully in developing skills for the future.

[Baroness Whitaker (Lab)]

My Lords, I want to go back to Amendment 10. I assumed that the noble Lord, Lord Lucas, was going to speak to Amendment 9—my apologies. I will speak to Amendments 10 and 66. In doing so, I declare my interests as chair of the Department for Education’s stakeholder group for Gypsies, Travellers and Roma and a former chair and current fellow of the Working Men’s College for men and women.

I am grateful for the advice and support of the Association of Colleges. I was also grateful for the sympathetic response to my amendment from the Minister’s predecessor—the noble Baroness, Lady Berridge —in Committee, and even more so for her positive letter to me and others last month. However, we must look at the facts, not just the aspirations.

All the amendments in this group, particularly Amendment 19 in the name of the right reverend Prelate the Bishop of Durham, are worth pursuing. I turn to Amendments 10 and 66. Again, they are aimed at enabling the missing third to gain the skills to earn a good and useful living. They respect the decision of the noble Baroness, Lady Berridge, not to proceed immediately with a national plan for those who have not achieved grade 4 or above in GCSE maths or English. However, they would oblige the Government to find out what is actually happening.

In her letter, the noble Baroness again promised the publication of the long-overdue national strategy for Gypsies, Travellers and Roma, which will inter alia address the widely acknowledged educational attainment deficit. Can the Minister give us the date of publication and specify what consultation has taken place? The noble Baroness, Lady Berridge, also said that tuition for 16 to 19 year-olds has been expanded for those who need help to catch up in English, maths and other vocational subjects. How many Gypsies, Travellers and Roma have been given this tuition, and with what results? Similarly, what has happened with the additional funding of small group tuition?

Finally, on the assurances in the letter, how will the department make the new centres for excellence in mathematics accessible to disadvantaged minorities? As I said in Committee, there is no evidence that such minorities lack the requisite ability—– something else is at play.

Most importantly, in what terms have the Government made it

“clear to employers that we will fund apprentices without English and maths to achieve Functional Skills qualifications during their apprenticeship”?

Frankly, without the review that my amendment proposes, we shall, as usual, not know what is happening to the missing third. This would enable something to be done about the plight of thousands of our young people who should be entering the world of work.

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In response to the disruptions to education during the coronavirus pandemic, a further £222 million—

[Baroness Whitaker (Lab)]

I am grateful to the Minister for her response—fairly grateful—but I had a number of other very specific questions. May I take it that she will write to me on those?

[Baroness Barran (Con)]

I had not forgotten, so I absolutely undertake to write on the noble Baroness’s specific questions in relation to Gypsy, Roma and Traveller communities and on the other points that she raised.

In response to the disruptions to education during the pandemic, a further £222 million has been provided to continue the 16 to 19 tuition fund for an additional two years from the 2022-23 academic year. It allows students to access one-to-one and small group catch-up tuition in subjects that will benefit them most, including maths, English and vocational courses.