(4 years, 9 months ago)
Commons ChamberIt is precisely because of the needs of remote areas such as those in her constituency that we are investing £5 billion in gigabit-capable broadband. I know that, with her speaking up on behalf of her constituents, they will by no means be left behind.
If only complacency built networks, we would have the fastest broadband in the world, but it does not, and neither does it keep our network secure. In June, the National Cyber Security Centre said that we had to act to mitigate the risk of high-risk vendors such as Huawei in our 5G and full-fibre networks. Since then, we have had more disturbing reports from our Five Eyes allies Canada and the US, while former Cabinet Ministers fall over themselves to criticise the Government, but we have had no legislation and not even a plan for legislation. Where is the plan to keep our networks safe?
As the hon. Lady knows, the NCSC has published comprehensive guidance, which the networks are paying close attention to. The networks work closely with our agencies. We will bring forward legislation on this as quickly as we can, because national security will always be at the top of our priority list. That is why we have taken the decision we have taken.
(5 years, 12 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
My hon. Friend, as a lawyer, knows that all too well. I have already explained the double importance of professional privilege and the constitutional centrality of the Law Officers’ convention.
This is commonly described as the most important decision that this House has made since the second world war. The Government refuse to publish the legal advice despite Parliament agreeing that they should do so, and they refuse to publish the economic analysis despite previously agreeing to do so. This is a blindfold Brexit with no clarity for our economy, our agriculture or our working rights. Does the Minister seriously expect us to vote for it blindfold?
I can assure the hon. Lady that she will not be voting for it blindfold. Whatever her final decision might be, she will be in a position, come the vote, to have heard the Attorney General, to have read the Government’s position and to fully understand and appreciate the issues at stake. I know that she will do all that and make her decision.
(8 years, 6 months ago)
Commons ChamberI know about my hon. Friend’s own nursing background, and I agree that nursing is a fantastic career for young women, and indeed young men. We are committed to strengthening careers provision for young people across England, and projects funded through the Careers and Enterprise Company’s investment fund will do just that. She may be aware of a project led by Skills East Sussex that seeks to improve the work-readiness of young people, the take-up of apprenticeships locally, and the gender balance in key sectors.
Owing to ongoing cultural stereotypes and a lack of visible role models, many women do not realise the fantastic career opportunities that engineering and STEM subjects offer until they have left formal education. What is the Minister doing to ensure that routes are available for retraining older women, particularly through adult education and lifelong learning?
I agree it is important that we tackle perceived gender stereotyping or bias in certain careers. We have funded programmes in schools, and I have mentioned things such as the STEM Ambassador network. After that come apprenticeships—the Minister for Skills bangs that drum at every opportunity—and the opportunity for someone to earn while they are learning.
(8 years, 7 months ago)
Commons ChamberI entirely agree with the hon. Gentleman. I mentioned multi-jurisdictional cases. Sometimes these perpetrators will cover more than one EU country and it is vital to have the mechanisms not just of co-operation, but of enforcement, which our membership of the EU guarantees. That is why I am a very strong supporter of remaining within the European Union.
4. What changes would be required to the UK's legal framework in the event of the UK leaving the EU.
Under article 50 of the treaty on the European Union, if the United Kingdom were to decide to leave the EU, it would need to negotiate and conclude an agreement with the remaining member states, setting out the arrangements for withdrawal. The EU treaties would continue to apply to the UK until the article 50 agreement entered into force or for two years if no agreement were reached and no extension to that period were granted. Any further changes to the UK’s legal obligations would of course depend on the nature of any further international agreements entered into.
Newcastle has a thriving legal services sector with many internationally renowned firms as well as two excellent degree courses at our universities. Does the Attorney General agree that leaving the European Union would mean that we would face years of uncertainty and confusion over our legal framework, which would necessarily undermine the success of our legal and financial services sectors?
First, I should say that I have boundless faith in the ingenuity and entrepreneurial spirit of our legal professions, and I am sure that they would find a way through. However, the hon. Lady is right to say that there would be considerable uncertainty after any departure from the European Union, at least in part because there is a regulatory structure in this country that substantially depends on European regulation. We would have to decide how much of that to keep and how much we wished to change. She might also know that Professor Derek Wyatt, one of the leading experts on European law, recently gave evidence to the House of Lords European Union Committee. He said that
“it will take years for Government and Parliament to examine the corpus of EU law and decide what to jettison and what to keep”.
That is one of the reasons the Government believe that we are better off remaining within the EU.
(8 years, 9 months ago)
Commons ChamberI welcome the opportunity to join my hon. Friend in praising the work of Outwood Grange and Woodkirk Academies for their excellent work in this regard. During my visits I was impressed to see at first hand how the academies engage pupils in STEM subjects, demonstrating the application of science and maths and promoting STEM careers.
I am sure the whole House agrees that STEM subjects provide exciting, rewarding, fantastic career opportunities for women and girls, but studies show that without some personal experience of STEM careers, girls are unlikely to consider them fully. Why have the Government abolished face-to-face careers advice and made work experience something that girls have to organise for themselves? Will the Secretary of State bring back mandatory work experience?
Actually, we are going to go much further. We have introduced, and are funding, the Careers & Enterprise Company. We shall be investing more than £70 million in careers work during the current Parliament to enable young men and women to be inspired by people who visit schools, by work experience opportunities, by finding out more, and by the Your Daughter’s Future programme. We discussed the gender pay gap earlier. I think it worth noting that those working in careers in science or technology are paid, on average, 19% more than those in other professions, and I think we can all agree that we want more girls to go into such careers.
(8 years, 10 months ago)
Commons ChamberThe gender pay gap regulations, when published and put into practice, will help, because they will get employers to start thinking about these issues, and reporting on them. I encourage my hon. Friend to host an event in her own constituency. As a proactive and new Member of Parliament, she can highlight best practice and show the advantages of narrowing the gap. She might also like to think about the breakdown of the businesses within her constituency and work out how we can get more women and girls to participate in sectors such as manufacturing and financial services.
The north-east has one of the highest gender pay gaps in the country owing in part to the disproportionate numbers in the public sector, which has been cut, and in the sort of low-paid jobs that the Prime Minister yesterday called “menial”. Does the Secretary of State agree that failure to publish a response to a consultation six months after its publication is disrespectful to the many organisations and individuals who responded to it in the hope of doing something about the situation?
(8 years, 12 months ago)
Commons ChamberI am always delighted to go to Twickenham. I am delighted also to welcome this very successful initiative. Twickenham, in this respect, is part of a much bigger national story in which we have more women-led businesses than ever before—about 1 million. As of 2014, 20% of all small and medium-sized enterprises in the UK are now majority led by women—an increase of 170,000 on the number in 2010.
It is really important to show young girls and boys the fantastic careers that engineering provides. To do that specifically for girls, we need engineering companies to engage with schools. What discussions is the Minister having with other Ministers to ensure that there is a central point where engineering companies can find the schools they can engage with?
I have regular discussions with the Secretary of State for Education in this respect. The Careers & Enterprise Company that is set up in the Department for Education plays precisely the co-ordinating role that the hon. Lady mentions.
(9 years, 1 month ago)
Commons ChamberI know that my hon. Friend has a long-standing interest in improving the processes as a result of that case, which helped to revolutionise the way in which the investigatory authorities all work together. There have been a number of other successful investigations in his own police area, which are helping to improve national practice, and there is a much greater understanding across the country of the way in which such cases can be effectively prosecuted.
6. Whether future military action using drones overseas will require his approval.
The role of the Law Officers in relation to military action overseas is to advise as necessary on legal questions, not to authorise the action. The use of drones in military action overseas does not of itself necessarily give rise to legal questions. The deployment of one form of equipment or another rarely does, in and of itself. Whether legal questions arise will depend on the operational context in which any form of military deployment was undertaken, and the reason for it.
Technological development can undermine legislation under all Governments, but particularly under this Government, who seem to have no strategy for it. We need to know that, while the strikes may be made by drones, the decision makers are still accountable to the House. When will the Attorney General establish a clear legislative and ethical framework in relation to future drone strikes?
Again, that is not my role within government, but the hon. Lady knows that the Prime Minister was extremely eager to come to Parliament and explain the basis of the decision to take the drone strike of 21 August, and he did so on the first available opportunity.
In terms of setting frameworks, it is important of course to treat every case on its merits. In relation to the legal position, as in relation to a political decision making process, each instance will be different and each must be considered on its own facts.
The excellent work that QinetiQ is doing demonstrates how girls’ aspirations can be broadened by engaging with local businesses. Its managing director and its apprentice of the year are both female, which is a good start. We are working with British Chambers of Commerce to explore different approaches to school and business partnerships. Last year I announced that we would fund a careers and enterprise company to strengthen links between employers and young people so that they can act in a broad range of careers and so that, at a young enough age, they are inspired by the careers opportunities that are open to them and nobody says that any doors are shut to them.
13. What steps she is taking to encourage diversity reporting in technology sectors.
Of course, companies work better when their workforce reflect Britain’s diversity. It is more important than ever that we make the most of everyone’s skills and talents to maximise our economic growth. That is why we are requiring larger companies, including those in the technology sector, to publish their gender pay gap so that they have the incentive and the information they need to improve fairness for women.
I welcome the Minister’s warm words on women in technology, but she will know that the British Computer Society’s recent IT scorecard showed a lamentable lack of progress in increasing the proportion of women in tech jobs. She will also know that I have long campaigned on this subject. Companies that hide on this key issue for our economic future are betraying the next generation of engineers and technologists. What will she do to ensure that companies and her Government publish information on tech diversity?
The hon. Lady is an incredible champion for the whole of the STEM world, but particularly for women in engineering. Diversity is wider than just gender, of course; it extends to race and social background. Evidence shows that educational attainment is the single biggest predictor of the future life chances of children. We are requiring businesses to publish their gender information. Driving change through transparency works, as we know from the results of the work that Lord Davies has done. There are now no all-male boards in the FTSE 100. We want to continue this work, particularly in Ada Lovelace week. In an international week celebrating women in STEM industries, there is no better time to be publishing this information, holding businesses to account, and encouraging women to do the very best they can in the fields of engineering.
(9 years, 4 months ago)
Commons ChamberI entirely agree. The latest published figures showed that 23.5% of FTSE 100 board appointments were female, but my hon. Friend is absolutely right to say that that relates particularly to progress made on non-executive directors, not on the executive pipeline. It is important to work with executive search firms, which is why in the previous Parliament the Government worked with them to develop their voluntary code of conduct. That has brought about real cultural change, but of course there is much more to do.
The Secretary of State mentions executive search firms. All too often, board appointments are made by executive search firms that do not actually conduct comprehensive searches but go for the same old candidates. What is she doing specifically to ensure gender balance on shortlists? Does she welcome the launch this evening of Harvey Nash’s Inspire apprentice board programme?
(10 years, 6 months ago)
Commons ChamberIt is fitting that for the last debate in this Parliament we should be speaking of apprenticeships, as they are so important to the future of our country, and of data sharing, which is an increasingly important issue to many constituents.
Labour believes that the better use of data can reduce the costs of public services and improve them while making them faster, more efficient, more individual and more personal. In certain areas, such as health, data sharing could lead to new applications and innovative ways of predicting service need and supporting service provision, so we support data sharing in the public interest, but we must ensure that citizens are in control. As the Leader of the Opposition made clear in his Hugo Young lecture, information on individuals should be owned by and accessible to the individual, not hoarded by the state.
It is therefore deeply troubling that the Government have tabled a last-minute new clause to the Bill to authorise data sharing among the Department for Business, Innovation and Skills, Her Majesty’s Revenue and Customs and persons providing services to them when it comes to apprenticeships. This may be both necessary and useful—the actual data to be shared may be entirely harmless—but it should be done transparently, with the right safeguards and accountability in place, and it should be done as part of a coherent strategy. This is clearly not the case here. The “person providing services” could be anyone, from individual consultants to big multinational companies.
The Government have form on this. In February, their shambolic handling of care.data saw them take what at its origin was potentially a good idea, linking together our individual GP data to improve health care and support new treatments, and single-handedly destroy everyone’s confidence in it. In April, the Government announced that tax data would not only be shared but would be sold to private firms, causing real fear and further eroding public trust in the Government’s ability securely and safely to share our data. I shall come back to those two examples.
We therefore tabled amendment (a) to ask what information was being shared, with whom, by what process, with what accountability, and how it fitted into the Government’s data sharing strategy. If the Minister can answer all those questions, perhaps the amendment will prove superfluous. If not, why not?
Yesterday, in another example of Labour standing up for ordinary people, my hon. Friend the Member for Walthamstow (Stella Creasy) sought to amend the Consumer Rights Bill to create a framework allowing individuals to have more rights over their personal data. The aim was to empower individuals through access to data to have a better understanding of their finance, energy bills, health and shopping habits.
I mention the excellent work of my hon. Friend to make it absolutely clear where the Opposition stand. We believe in the potential of data sharing, we recognise the power of data, but we believe that that power should be with the people, not with big business or Government.
The substance of many of the proposals on apprenticeships is such that we support them, but this last-minute new clause needs further debate and probing. To begin with, even without the data concerns, why are the Government using the Deregulation Bill for this purpose. Is that how they see deregulation: making life easier for them, rather than for citizens and businesses? Around half the proposals in the Bill do just that.
Let us move on to our specific concerns. The Government hold significant data on individuals, companies and organisations in order to deliver services and meet statutory duties. Sharing data across different Government Departments, with local government and with third sector agencies could help improve services while reducing costs and the burden on service users. How many times have we been frustrated at having to give one Government Department exactly the same information that we have already given another? How many times have businesses complained about repetitive form-filling? Data sharing can help reduce the burden on individuals and businesses. Labour supports that. With regard to apprenticeships specifically, small businesses often complain to me about the perceived bureaucracy.
However, there are also legitimate concerns about privacy, individual rights and the risk that Government data stores might be targets of cybercrime. The Government have been heavily criticised for their handling of health data in the care.data project, in that it was difficult for individuals to opt out of sharing their health data, which could then be sold on to the private sector. That data-sharing project has now been paused. In April the well-known author and advocate of data sharing Ben Goldacre withdrew his support from the project, stating:
“a government body handed over parts of my medical records to people I’ve never met, outside the NHS and medical research community, but it is refusing to tell me what it handed over, or who it gave it to”.
Our shadow Health Minister, my hon. Friend the Member for Copeland (Mr Reed), said that the Government needed to do three things: make it easier for concerned patients to opt out of the proposals; ensure data are genuinely anonymous; and make the Secretary of State accountable for the use of patients’ data. Accountability, transparency and choice—that is what we were asking for, and that is what we are asking for in this amendment.
One might have thought that the Government had learnt from care.data, but it seems not. In April they were at it again, proposing to “sell off” some HMRC data to private sector companies. The right hon. Member for Haltemprice and Howden (Mr Davis), a former Minister, called the proposals “borderline insane”, while the Opposition sought urgent Government explanations. Incompetent handling of data sharing reduces people’s trust and makes it more difficult to implement data-sharing projects that genuinely and responsibly deliver a public good.
Our amendment also relates to HMRC data, so we are at a loss to understand why the Government have not learnt from their experience, or indeed from their own consultation, because last year HMRC consulted on data sharing. In December it announced:
“The Government has decided to proceed with the proposal to remove legal restrictions that currently limit HMRC’s ability to share general and aggregate information for public benefit… HMRC accepts that it will need to be clear and transparent on what is meant by ‘public benefit’. In addition, HMRC accepts that it will need to set in place comprehensive governance, policies and processes, including the evaluation of benefits, risks and costs of a disclosure, before any data is shared or published.”
Can the Minister explain where they are? In April, the Treasury said:
“We shall be consulting further on implementing the proposals for sharing anonymised data, and would only take forward specific measures where there was a clear public benefit and subject to suitable safeguards.”
Yet since the consultation in December we have seen no coherent, concrete proposals, only ad hoc policy, on-the-hoof announcements and this proposed legislation.
The Government deliberately confuse open data and data sharing. The Open Data Institute says:
“Data sharing is providing restricted data to restricted organisations or individuals….Open data is providing unrestricted data to everyone.”
As the chief technology officer of the Open Data Institute said a few days ago,
“confusion is understandable when the government tries to justify its data sharing as satisfying its wider open-data policy.”
With open data, everyone can see the data. However, the new clause is not about open data but about Government deciding to share potentially sensitive data with people they choose without explaining the what, why or who. The Minister talked about an “information-sharing gateway”, the definition of which I do not see in the Bill, and mentioned employers’ PAYE reference numbers and national insurance numbers as some of the information that would be shared. I think he will agree that that is potentially sensitive information. To comply with HMRC’s guidelines, he will need to set out the safeguards and processes, and how the data will be anonymised if appropriate.
The Open Data Institute says:
“Open data is not a ‘valuable revenue stream’ for government. It is a public good.”
Does the Minister agree? Will he guarantee that these data, as part of the “information-sharing gateway”, will not be sold off and will remain within the public sector? As part of Labour’s policy reviews of digital Government and the creative industries and digital, we are developing policies for a coherent data strategy that puts citizens in the driving seat. That is why we are asking the Government to report to the House in six months to explain what information is being shared, with whom, by what process, and with what accountability—and, crucially, how that fits in with the Government’s data-sharing strategy.
In fact, I have not yet been able to identify a Government data-sharing strategy, but perhaps the Minister can help. There is a data-sharing policy unit within the Cabinet Office, so I would have thought that some policy might be coming out of it. The unit recently met representatives of civil society, who have many concerns about data sharing, and agreed that it was necessary to map out the current data-sharing landscape, but we do not know how far they have got with that. This new clause, which is not set in the context of any data-sharing strategy apart from the Minister’s reference to an “information-sharing gateway”, suggests that they have not got very far at all.
Finally, I would like to share with the House an unfortunate occurrence that I recently suffered. My wallet was stolen, including my European health insurance card. Obviously, I was very upset about that, but I was pleased to discover that an automated line was available 24/7 through which I could replace it for free. I rang it up and heard the following message: “The NHSBSA has a data-sharing agreement with other Government agencies. By continuing this call, you signal your awareness and agreement to data sharing.” I was somewhat surprised by that. If this Government believe that all it takes to signal agreement to data sharing—or an information-sharing gateway—is a voicemail, why are they introducing primary legislation in order to enable it?
It was perhaps remiss of me not to say how much I have enjoyed resuming our jousts across the Chamber on the Bill. I remind the House that the Bill will save businesses £300 million over 10 years, and that it will save the public sector £30 million. The Opposition say that it amounts to nothing, so in practice they are saying that £300 million of savings are not worth having. In our view, they are worth having.
I am glad that the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) has welcomed apprenticeships and the growth in their number. That is something on which we can all agree.
On to the issue of data sharing and the use of data, the hon. Lady underlined how, under the new Labour party proposals, citizens will be in control of their data. That is of course an interesting departure from what Labour Members did in government. With such things as identity cards, the retention of innocent peoples’ DNA, the massive database they wanted to create and indeed CCTV, they did the complete opposite of giving citizens control over their data.
The hon. Lady suggested that new clause 1 is a last-minute amendment, but of course it is not. It was flagged up in Committee, where we discussed the need for HMRC to share taxpayer information with the Department for Business, Innovation and Skills and others. I am therefore surprised that she was surprised.
To be absolutely clear, the original Bill had a provision for the disclosure of information to the commissioners, but only for the purpose of arrangements made under clause 4(1), which very narrowly defines the purpose as being for payroll administration. However, new clause 1 is much broader, in that it is for anything
“in relation to…English apprenticeships.”
When the Bill comes back from the Lords, perhaps the provision will cover anything in relation to any BIS functions whatsoever. It is clearly being made wider and wider.
I do not agree. The hon. Lady will find that the provision is quite tightly defined, and that should satisfy her.
The hon. Lady also referred to the need for safeguards. There will clearly be very significant safeguards for data exchange, and I will give some examples. For a new apprenticeship funding mechanism, as for any new system, the Skills Funding Agency will expect expert assessments of the information and security risks as part of the development on an ongoing basis. An action plan will be developed to address the risks identified, and the senior information risk owner will have to be satisfied that those risks have been sufficiently mitigated before any system goes live. There will be periodic system tests to see whether anyone can break into it. Staff duties will be segregated to protect information. All staff will complete annual training on protecting information, and any security breaches, including near misses, will have to be reported and acted on.
HMRC has a criminal sanction for wrongful disclosure of customer information. As I have stated, in providing its data to other Departments, the continuing protection of HMRC data is a vital safeguard that must remain in place. That is why the HMRC criminal sanction in section 19 of the Commissioners for Revenue and Customs Act 2005 applies to any wrongful disclosure by staff or contractors of a Department that receives HMRC information. In addition, while a legislative gateway may allow for the supply of information from HMRC to another Department, it is generally constructed so that the other Department is not permitted to pass on that information to another organisation, public or private, without recourse to HMRC, and that is the case with new clause 1.
The safeguards that the hon. Lady wants are therefore already in place. The data are secure, and any exchange of data will be done only under very tightly controlled procedures.
The Minister’s words offer some reassurance on the systems to be put in place, but not on accountability. We have seen with universal credit that accountability for identity management and for the success of a project can be very diffuse. Who will own and therefore be accountable for this new IT system?
I would love to be able to answer that question immediately, but, as the hon. Lady is aware, the consultation on the solution closed on 1 May, so the technical solution has not been devised. I am therefore not in a position to clarify precisely where the responsibility will lie, because the system is not yet specified. At the point of specification, I am sure we will be able to provide her with the clarity she needs.
I have provided examples, which the hon. Lady quoted, of the data that might be shared. As I have just said, the consultation closed on 1 May, so I am not in a position to give her an extensive list of the data that will be shared. I assure her that it will be restricted to the purposes for which it is required.
The hon. Lady asked why this matter is in the Deregulation Bill. One major thing that the Government are trying to deliver in the area of deregulation is to provide employers with a much greater say over the way in which apprenticeships are managed and the standards developed. We also want to ensure that employers have a greater financial stake in apprenticeships, because we believe that that will drive quality in apprenticeships. The Bill is therefore the appropriate vehicle in which to make the arrangements for the data sharing that we have discussed.
It is the Government’s clear objective to avoid, as far as is possible, any unnecessary exchange of data and any additional burden on businesses, especially small businesses, to provide information that they might already have provided to Government for other reasons. We want to minimise the need for businesses to provide additional information.
I hope that I have dealt with all the hon. Lady’s points.
I thank the Minister for being generous in this last debate. It concerns me that he implies that a system does not have an owner until it has been specified. It is the owner of the system that should be specifying it in order to avoid the car crashes in IT development that we have seen under the Governments of both major parties. Again, will he come back to me with who owns the specification of this information-sharing gateway or data-sharing system?
I am not in a position to do that. Assuming that HMRC and the Department for Business, Innovation and Skills are involved, they will want to play a major role in providing accountability for that system. The hon. Lady and I both went to Imperial college London. I went on to work in the IT industry, so I understand perfectly the importance of having somebody who is accountable for a system. I am certain that the Government will ensure that someone or a particular Department is very clearly accountable, and that the lines of responsibility and accountability are very clear.
With that, I commend the Government proposals and urge the Opposition not to press amendment (a) to new clause 1.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
Clause 3
Apprenticeships: simplification
Amendment made: 5, page 2, line 22, at end insert—
‘( ) Part 4 of the Schedule contains transitional provision.’.—(Tom Brake.)
This amendment is consequential on amendment 35.
Clause 4
English apprenticeships: funding arrangements
Amendments made: 6, page 2, line 26, leave out from ‘of’ to end of line 28 and insert
‘apprenticeship payments.
( ) “Apprenticeship payments” are payments that may be made by the Secretary of State to any person—
(a) for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or
(b) otherwise in connection with approved English apprenticeships.’.
This amendment is to ensure that the Secretary of State may make arrangements with HMRC for HMRC to administer payments that may be made by the Secretary of State to any person in connection with approved English apprenticeships.
Amendment 7, page 2, line 28, at end insert—
‘( ) The arrangements that may be made under subsection (1) include arrangements under which the Commissioners are responsible for recovery where an apprenticeship payment is made but the whole or any part of it is (for whatever reason) recoverable by the Secretary of State.’.
This amendment clarifies, for the avoidance of doubt, that arrangements made under clause 4(1) may include responsibility for HMRC to recover any apprenticeship payments which are recoverable by the Secretary of State.
Amendment 8, page 2, line 33, leave out ‘employers’ and insert
‘persons of a description specified in the regulations’.
This amendment is consequential on amendment 6.
Amendment 9, page 2, line 38, leave out from ‘with’ to end of line 39 and insert ‘approved English apprenticeships’.
This amendment is consequential on amendment 6.
Amendment 74, page 2, line 39, at end insert—
‘( ) The regulations may, in particular, also provide that, where the Commissioners are responsible for recovering the whole or any part of an apprenticeship payment from a person of a description specified in the regulations, they may do so by deducting the amount from any payments that they would otherwise be required to make to that person and that are of a kind specified in the regulations.’.
This amendment ensures that, for the purposes of arrangements under clause 4(1), HMRC may make regulations to enable them to recover apprenticeship payments from persons, who will be described in the regulations, by making deductions from payments that HMRC would otherwise have to make.
Amendment 10, page 3, line 1, leave out subsections (5) to (8).
This amendment is consequential on amendment NC1.
Amendment 11, page 3, leave out lines 27 to 29.—(Tom Brake.)
This amendment is consequential on amendment NC1.
Schedule 1
Approved English apprenticeships
Amendments made: 27, page 53, line 9, leave out ‘prepare and’.
This amendment removes the requirement that the Secretary of State must prepare apprenticeship standards. It is related to amendment 28.
Amendment 28, page 53, line 11, at end insert—
‘( ) Each standard must be—
(a) prepared by the Secretary of State, or
(b) prepared by another person and approved by the Secretary of State.’.
This amendment allows for any person, including employers, to prepare apprenticeship standards (as well as the Secretary of State). A standard must be approved by the Secretary of State if it is prepared by another person.
Amendment 29, page 53, line 19, leave out from ‘State’ to end of line 24 and insert
‘may—
(a) publish a revised version of a standard, or
(b) withdraw a standard (with or without publishing another in its place).’.
This amendment, which is related to amendment 30, allows for the Secretary of State to publish an amended version of a standard or to withdraw a standard (with or without publishing another one).
Amendment 30, page 53, line 24, at end insert—
‘( ) Revisions of a standard may be—
(a) prepared by the Secretary of State, or
(b) prepared by another person and approved by the Secretary of State.’.
This amendment allows for any person, including employers, to prepare revisions of apprenticeship standards (as well as the Secretary of State). A standard must be approved by the Secretary of State if it is prepared by another person.
Amendment 31, page 53, leave out lines 25 to 27.
This amendment removes the express provision for employers or their representatives to make proposals to the Secretary of State about standards. This is considered unnecessary in the light of amendments 28 and 30 which allow for an enhanced role for employers and other persons.
Amendment 32, page 55, line 25, at end insert—
‘1A (1) Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources) is amended as follows.
(2) In subsection (1), after “financial resources” insert “under this subsection”.
(3) After subsection (1) insert—
“(1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—
(a) for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or
(b) otherwise in connection with approved English apprenticeships.”
(4) In subsection (3), after “subsection (1)” insert “or (1A)”.
(5) In subsection (4), after “subsection (1)(c)” insert “or (1A)”.
1B (1) Section 101of that Act (financial resources: conditions) is amended as follows.
(2) In subsection (2)—
(a) after “may” insert “(among other things)”;
(b) omit paragraph (b).
(3) Omit subsections (4) and (5).
1C In section 103 of that Act (means tests), in subsection (1) (as amended by paragraph 13C of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or (1A)”.’.
This amendment is to ensure that the Secretary of State may make payments relating to approved English apprenticeships under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources). It makes consequential changes to sections 100, 101 and 103 of that Act.
Amendment 33, page 56, line 17, leave out ‘employment’ and insert ‘service’.
This amendment, together with amendment 34, is to clarify that “apprenticeship training” in section 83 of the Apprenticeships, Skills, Children and Learning Act 2009 includes training provided in connection with any contract of service or contract of apprenticeship.
Amendment 34, page 56, line 18, after ‘agreement)’ insert ‘or contract of apprenticeship’.
See amendment 33.
Amendment 35, page 57, line 38, at end insert—
‘Part 4
Transitional provision
The provision that may be included in an order under section77(7) in connection with the coming into force of paragraph 1 of this Schedule includes provision—
(a) for work done by a person under an arrangement described in the order to be treated as work done under an approved English apprenticeship within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, where the person begins to work under the arrangement before the paragraph comes into force and continues to do so (for any period) afterwards;
(b) for a standard published by the Secretary of State before the paragraph comes into force, in connection with work that by virtue of provision made under paragraph (a) is treated as work done under an approved English apprenticeship, to be treated as if it were an approved apprenticeship standard published under section A2 of the 2009 Act in relation to the approved English apprenticeship.’.—(Tom Brake.)
This amendment provides that the Secretary of State may by order make certain transitional provision, in particular, provision for work to be treated as if it were done under an approved English apprenticeship where the work was done under other specified arrangements before paragraph 1 of Schedule 1 comes into force.
Schedule 13
Abolition of office of the Chief Executive of Skills Funding
Amendments made: 55, page 142, line 14, leave out paragraph 8 and insert—
‘8 Omit section 85 (provision of apprenticeship training etc for persons within section 83 or 83A).’.
This amendment repeals section 85 of the Apprenticeships, Skills, Children and Learning Act 2009 (which imposes a duty on the Chief Executive of Skills Funding to make reasonable efforts to secure employer participation in certain apprenticeship training) instead of transferring the duty to the Secretary of State.
Amendment 56, page 142, line 40, leave out paragraph 13 and insert—
‘13 (1) Section 100 (provision of financial resources) is amended as follows.
(2) In subsection (1)—
(a) in the opening words, for “Chief Executive” substitute “Secretary of State”;
(b) in paragraph (a), for “Chief Executive’s remit” substitute “Secretary of State’s remit under this Part”;
(c) omit paragraph (f).
(3) Omit subsection (2).
(4) In subsection (3)—
(a) in the opening words, for “Chief Executive” substitute “Secretary of State”;
(b) in paragraph (c), for “Chief Executive” substitute “Secretary of State”.
(5) In subsection (4), for “Chief Executive” substitute “Secretary of State”.
13A (1) Section 101 (financial resources: conditions) is amended as follows.
(2) In subsection (1), for “by the Chief Executive” substitute “by the Secretary of State under section 100”.
(3) In subsection (3)—
(a) in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “Secretary of State”;
(b) in paragraph (b)—
(i) for “Chief Executive” (in each place where it occurs) substitute “Secretary of State”;
(ii) for “the functions of the office” substitute “functions under this Part”.
(4) In subsection (6)—
(a) in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “Secretary of State”;
(b) in paragraph (b), for “Chief Executive” substitute “Secretary of State”.
13B (1) Section 102 (performance assessments) is amended as follows.
(2) In subsection (1)—
(a) for “Chief Executive” substitute “Secretary of State”;
(b) for “Chief Executive’s remit” substitute “Secretary of State’s remit under this Part”.
13C (1) Section 103 (means tests) is amended as follows.
(2) In subsection (1), for “The Chief Executive” substitute “For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State”.
(3) Omit subsection (2).’.—(Tom Brake.)
This amendment transfers the funding powers of the Chief Executive of Skills Funding under sections 100 to 103 of the Apprenticeships, Skills, Children and Learning Act 2009 to the Secretary of State.
Bill to be further considered tomorrow.