Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [ Lords ] (First sitting) Debate

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Department: Department for Education
Neil O'Brien Portrait Neil O’Brien
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A fantastic person—all good. It is like having NEDs—non-executive directors—in a Department; it is good to have external people. As I noted, however, the CEO of the organisation is literally not a civil servant; it is a job-share civil servant. They are people who currently work in the Department doing post-16 skills, so I am not sure about idea that this is an independent body. Can the hon. Lady tell me where Skills England is based? Physically, where is it located? Perhaps the Minister will tell us. Is it in Sanctuary Buildings, by any chance? Sanctuary Buildings is none other than the headquarters of the DFE. Is this, in fact a desk in an open plan office that is part of the DFE?

The Government can bring in good people. It is good to bring in good people. The DFE has some good NEDs, by the way, but that is not the same as having an independent institution. That is why Lord Blunkett and other Labour peers are warning that the Government are making a mistake. Those are their words, not ours. Lord Blunkett has a lot more experience of those things than me.

All I would say to the Minister and to hon. Members on the Government Benches is, instead of overturning what peers have put into the Bill, this might be one of those times when it is more sensible to listen to people on their own side, people with some serious grey hairs and a lot of experience, people in their own party, who are advising them that they are making a mistake here. Instead of overturning what they have done, the Government should allow it to stand. The criticisms being made by people in the industry and people with experience in education and skills are serious. I hope that the Government will listen to them, rather than simply overturning what they have done and ignoring them.

Damian Hinds Portrait Damian Hinds (East Hampshire) (Con)
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We are debating clauses 1 to 3 stand part and schedules 1 to 3. The Minister, in her opening remarks, talked a lot about the intention to create Skills England, how it will operate and so on. That is not in clauses 1 to 3.

The Bill is all about transferring functions from the independent Institute for Apprenticeships and Technical Education to the Secretary of State in central Government. Colleagues may have seen the, as ever, helpful and pithy descriptive notes from the House of Commons Library. Clause 1 introduces schedule 1, which will transfer statutory functions from the institute to the Secretary of State. Clause 2 introduces schedule 2, which will allow the Secretary of State to make schemes for the transfer of property rights and liabilities from the institute. Clause 3 will abolish the institute and introduce a schedule 3, which makes consequential amendments to the 2009 Act and other Acts.

The history of this sector is the history of many changes in the machinery of government and the creation of many quangos. There have been 12 in the past five decades. This one will be lucky—no doubt—13. My hon. Friend the shadow Minister helped us with some of the history and some of those previous bodies. I have a slightly longer list.

We have had industrial training boards, the Manpower Services Commission, the Training Commission, and the training and enterprise councils known as TECs—but those TECs were not the same as another type of TEC, the Technical Education Council, which existed alongside the Business Education Council or BEC in the 1970s. The two would merge in the 1980s to give us, of course, BTEC, the Business and Technology Education Council. There were national training organisations, the Learning and Skills Council, sector skills councils, the UK Commission for Employment and Skills, the Skills Funding Agency or SFA, which would later become the ESFA, or Education and Skills Funding Agency, and most recently LSIPs—local skills improvement partnerships—and IfATE.

Pam Cox Portrait Pam Cox
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rose

Damian Hinds Portrait Damian Hinds
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I have missed one!

Pam Cox Portrait Pam Cox
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The right hon. Member has missed one: the Statute of Artificers 1563, known as the Statute of Apprenticeships. We have been trying to do this for many centuries, and it is only right that each generation tries to do so. We are still not getting it right for our young people, hence the need for speed.

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Damian Hinds Portrait Damian Hinds
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I am very grateful; who knows where this conversation might take us? Last time I looked, 1563 was not in the past five decades. The hon. Lady says that every generation should try to reform, and that may well be true. I do not know how many generations she calculates there are in a 50-year period, but as sure as anything, there are not 12, let alone 13.

Those many bodies over the years have been mirrored by a true panoply of qualifications and awards: traditional apprenticeships; modern apprenticeships; the YOP or youth opportunities programme; the YTS, or youth training scheme; City and Guilds; the TVEI, or training and vocational education initiative; the NCVQ or National Council for Vocational Qualifications; NVQs or national vocational qualifications, which are still in use; GNVQs, or general national vocational qualifications, which became BTECs and diplomas; the 14-to-19 diplomas, which are not quite the same thing as the Tomlinson diplomas; Skills for Life; traineeships; and all together between 100 and 200 recognised awards and organisations, excluding those that do only end-point assessments.

Damian Hinds Portrait Damian Hinds
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I have not forgotten another one, have I?

Peter Swallow Portrait Peter Swallow
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I simply wish to say to the right hon. Member that it was not too long ago when he was on the Government Benches and presiding over the very system in question. As he has helpfully elucidated for everyone, we are dealing with an incredibly fractured landscape, which is precisely the challenge that the Bill proposes to address. In all frankness, given the fractured nature of the landscape, which he eloquently identified, should he not support any attempt to bring it together?

Damian Hinds Portrait Damian Hinds
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Yes, but the Bill does not do that, and if the hon. Member thinks it does, I am afraid he is mistaken.

Some years ago, I used to sit on the Government Benches and was a Minister at the Department for Education, as the hon. Member said, and on many occasions I have had a close interest in these areas. There was a cross-party coming together in the early to mid-2010s, which resulted in the Sainsbury report. The noble Lord Sainsbury, as the hon. Member may know, is a Labour peer who devoted a great deal of his life and the work of his foundation, the Gatsby Foundation, to trying to improve something that in this country, historically and by international comparison, we have not been tremendously good at: technical and vocational education and training. The Independent Panel on Technical Education, which convened in 2015 to 2016, took a broad overview of exactly the fractured landscape that the hon. Member talked about. By the way, I have missed out the page of my notes where I was going to go through all the qualifications that someone could do at level 3 to age 18, which is a similarly sized list.

Laurence Turner Portrait Laurence Turner (Birmingham Northfield) (Lab)
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Will the right hon. Member give way?

Damian Hinds Portrait Damian Hinds
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I had probably better go on a little, but I would love to hear from the hon. Gentleman. I promise that the Committee will have a chance so to do.

Unsurprisingly, that panel found that the technical and vocational education and training landscape in this country was over-complex. The example of plumbing was given, with 33 different qualifications that a young person could decide to do. Moreover, the panel found that the system was not providing for the skills that the country needed and that the technical and vocational education and training had become “divorced” from the occupations that they were there to serve, with no or weak requirements to meet employers’ actual needs.

The Sainsbury report, published in April 2016, set out a blueprint for what would be a major upgrade and simplification of technical and vocational education and training, to address the productivity gap in this country—we talk about this sometimes; there has been a productivity gap every year I have been alive, and I am in my mid-50s today—and indeed a major social justice gap. Although it was a blueprint, it was also a redprint because it had cross-party support. It called for a fundamental shift in how we did technical and vocational education, with coherent routeways from level 2 through to level 5 along 15 different sector routes, three of which would be apprenticeship only, through to 35 different pathways mapped as specific occupations—specific needs of the economy and companies.

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Neil O'Brien Portrait Neil O’Brien
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I, too, pay tribute to the work of Lord Sainsbury. Those points, which were inserted into what were then called the Sainsbury routes, drew on the experience of the best technical systems in the world, particularly those in Germany and Switzerland. What characterises those systems is the unbelievable level of employer ownership and the incredible constancy of the organisations, which are external to Government, that run them. The Bundesinstitut für Berufsbildung has been around for, I think, 50 or 60 years. Are those not the characteristics of a good system—employer ownership and independence—and the things that Lord Sainsbury was talking about?

Damian Hinds Portrait Damian Hinds
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My hon. Friend is right. If we take the full etymology, we can go back a lot further, to the creation of guilds centuries ago, which evolved into the modern system.

Laurence Turner Portrait Laurence Turner
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I have enjoyed the right hon. Gentleman’s recapitulation of the history. In the last Parliament, I attended meetings of the UK shipbuilding skills taskforce, which was sponsored by the Department for Education, and considered these matters in respect of that industry quite closely. Employers and employee representatives were unanimous that the GCSE entry standard requirements should be removed in that industry, but the inclusion of that recommendation was blocked because, we were given to understand, it would not be supported by DFE Ministers. Does he share my concern that the independence of the current system is more claimed than real?

Damian Hinds Portrait Damian Hinds
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No, I do not, but there is a definition of what an apprenticeship is. There are perfectly good reasons to have all manner of training courses, including entry-level ones, that do important things, but they are not apprenticeships. The shadow Minister talked about Germany. In our country, the minimum length of an apprenticeship is shorter than the typical length of one in Germany. The time off the job—the time in college—is shorter. As I say, we can add on other things, but we cannot stretch the definition of what an apprenticeship is indefinitely. I may come back to that later.

On the face of it, this is a simple Bill—it has 13 pages and is on a simple subject—so it should be fairly easy for a Committee to dispatch in a couple of Thursdays. I have no doubt that Government Members will take the opportunity to make speeches on this subject, and I am sure those will be rather good. Members may make what could be described as great speeches and what they say will be largely unarguable. I fancy that we may hear the word “mission” from them, perhaps even more than once. They will talk about the importance of skills in our economy, investing in the next generation, valuing every single person for what they can do and the value of joining-up across Government Departments.

That will all be correct, but it will be largely beside the point. To turn a great speech that includes those things into a truly outstanding speech in this Committee, they would have to explain why taking away the independence of the body overseeing the system that upholds the standards would make those entirely laudable and shared goals more likely to come about. I know of no reason to believe that it will, but I am keen to hear from anybody who has such an idea.

In the Labour manifesto, there were some very laudable aims. It said that it wanted to empower

“local communities to develop the skills people need”

and to

“put employers at the heart of our skills system.”

Labour said that it would

“establish Skills England to bring together business, training providers and unions with national and local government”,

in order to deliver its industrial strategy. The manifesto said:

“Skills England will formally work with the Migration Advisory Committee to make sure training in England accounts for the overall needs of the labour market”.

It mentioned a commitment to

“devolving adult skills funding to Combined Authorities…alongside a greater role in supporting people into work”,

and Labour will

“transform Further Education colleges into specialist Technical Excellence Colleges.”

There are different ways that those aims could be achieved, and I would argue that there are better ways. The Government could, for example, keep IfATE as the standard-setting and upholding body, and create a new, small body, possibly inside the Treasury, to assess the needs of the economy and allocate funds accordingly. They could also strengthen the powers of local skills improvement partnerships, working closely with devolved authorities and mayors, to ensure that what is delivered at a local level in individual colleges matches what the local economy needs. I would have probably chosen that architecture, but plenty of other variations are possible.

To be clear, the Bill does not do any of those things. It simply abolishes the independent body that convenes employers to set the standards and then uphold them, and it hands those powers to the Secretary of State. It does nothing else—I say that, but it is not totally clear to me what it does to Ofqual, and we may debate that when we get to clause 8. I suggest that the Bill presents two fundamental questions: first, about independence; and secondly, about who should set the expectations and standards in any given sector of work—should it be the employers in that sector or somebody else? We will come to that debate when we reach clauses 4 and 5.

Ultimately, this is about whether we believe enough in the phrase “parity of esteem” to do the things necessary to achieve it. As I said in the House the other day, parity of esteem is not something one can just “assert”, and it cannot be legislated for. We cannot pass a law to give something greater esteem. Esteem is in the eye of the esteemer and it can only be earned. In part, that comes from knowing that the qualifications of the technical and vocational strand in our country are just as rigorous and have the same integrity as the academic strand.

By the way, independence is not totally a left/right issue. There are plenty of people on the right of politics who share the Minister’s desire not to have independent bodies. There is a general “anti the quangos” strand, and I have some sympathy for that. By the way, a debate is going on at the moment about removing the independence of the national health service and bringing it into the Department of Health and Social Care. That can be argued both ways. On the one hand, it will be harder for the NHS to do some things, particularly what they call reconfigurations, when they become subject to political pressure. On the other hand, it can be argued that there should of course be direct control from a democratically elected Government over the most important institution in our country. However, I think an independent body for upholding standards in education is in a separate bracket.

Neil O'Brien Portrait Neil O’Brien
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Does my right hon. Friend agree that the context in which this is happening matters? We are talking about getting rid of a prestigious and independent institution, and at the same time, T-levels will not do what Lord Sainsbury hoped they will do. They were supposed to replace the existing standards but, in fact, they will be just another thing in the alphabet soup. We are seeing apprenticeships being made shorter again, and we are going back towards shelf-stacking types of apprenticeships. The mood music is already pretty ominous, and that is against the backdrop of Ministers getting more power by taking this back into the Department and abolishing independence. Does my right hon. Friend agree that that is an issue?

Damian Hinds Portrait Damian Hinds
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I do. Funnily enough, my hon. Friend anticipates my next paragraph. Any Government rightly want more young people to pass their GCSEs, get good A-levels, or start and complete apprenticeships. The truth is that the quickest way to have more people getting any qualification is to make it a bit easier, and there is plenty of history of that, I am afraid. The entry requirements or length could be reduced, the pass mark could be made lower, or the credits that count towards the outcome could be changed. One of the reasons we have independent bodies setting standards is so that that temptation cannot be succumbed to, and crucially, everybody can see that it cannot, so they can have total faith in the standards being upheld.

Essentially, the rationale for why there is an independent Institute for Apprenticeships and Technical Education is the same one as why the Chancellor sets fiscal rules, or why Gordon Brown made the Bank of England independent: it is specifically for the Government to keep themselves within certain tram lines. We do this for academic qualifications. I have asked the Minister this question I think three times, and I will ask it again today: it would not be acceptable, would it, to say, “I’m going to put the pass mark, standards and specification for A-levels in the hands of a Government Minister”? If that is not acceptable for A-levels, how can it possibly be acceptable for T-levels? And we still say that we believe in parity of esteem.

In the good, possibly great, speeches that we will hear from Government Members, one other thing they might say—in fact, they have already started to say it; they pre-empted me—is that apprenticeship starts have fallen since the peak, but that under this Government, they will rise. Well, of course they will rise. If we look at the time series over the last decade of apprenticeship starts, we are not comparing apples with apples; we are comparing apples with oranges, because we had major changes in what counts as an apprenticeship, with the move from frameworks to standards as well as the minimum duration and minimum time off the job.

In discussing the overall numbers, we should also mention that the falls were in the intermediate level and that there were rises in the advanced level, and especially in higher-level apprenticeships. If the specification is reduced, of course that will increase the numbers. To be fair, the Government are not waiting for Skills England. They have already been doing this, by bringing the minimum length down from 12 months to eight months. They have also announced what they are calling foundation apprenticeships, and I hope the Minister will be able to tell us exactly what those are—they sound a bit like traineeships, but let us hear it—and crucially, whether they will count towards the number of apprenticeships that are being undertaken in the country.