Skills and Post-16 Education Bill [Lords]

Baroness Laing of Elderslie Excerpts

Report stage
Monday 21st February 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Alex Burghart)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1—Apprenticeships for prisoners—

“Notwithstanding any other statutory provision, prisoners in English prisons may participate in approved English apprenticeships, as defined by section A1 of the Apprenticeships, Skills, Children and Learning Act 2009.”

The aim of this new clause is to ensure that prisoners can start Apprenticeships while they are serving their sentence.

New clause 2—Provision of opportunities for education and skills development—

“(1) Any person of any age has the right to free education on an approved course up to Level 3 supplied by an approved provider of further or technical education, if he or she has not already studied at that level.

(2) Any approved provider must receive automatic in-year funding for any student covered by subsection (1), and supported by the Adult Education Budget, at a tariff rate set by the Secretary of State.

(3) Any employer receiving apprenticeship funding must spend at least two thirds of that funding on people who begin apprenticeships at Levels 2 and 3 before the age of 25.”

This new clause would provide for education and skills development up to a Level 3 qualification for any person of any age supplied by an approved provider if they have not already studied at that level.

New clause 3—Amendments to section 42B of the Education Act 1997—

“(1) Section 42B of the Education Act 1997 is amended as follows.

(2) After subsection (1) insert—

“(1A) In complying with subsection (1), the proprietor must give a representative range of education and training providers (including, where reasonably practicable, a university technical college) access to registered pupils on at least three occasions during each of the first, second and third key phase of their education.”

(3) After subsection (2) insert—

“(2A) The proprietor of a school in England within subsection (2) must—

(a) ensure that each registered pupil meets, during both the first and second key phase of their education, with a representative range of education and training providers to whom access is given, and

(b) ask providers to whom access is given to provide information that includes the following—

(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,

(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,

(iii) a description of what learning or training with the provider is like, and

(iv) responses to questions from the pupils about the provider or technical education qualifications and apprenticeships.

(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.”

(4) After subsection (5)(a), insert—

“(aa) a requirement to provide access to a representative range of education and training providers to include where practicable a university technical college;”

(5) In subsection (5)(c), after “access” insert “and the times at which the access is to be given;”

(6) After subsection (5)(c), insert—

“(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).”

(7) After subsection (9), insert—

“(9A) For the purposes of this section—

(a) the first key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and

(ii) ending with 28 February in the following school year;

(b) the second key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(ii) ending with 28 February in the following school year;

(c) the third key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and

(ii) ending with 28 February in the following school year.”

This new clause is intended to replace Clause 14. This clause will ensure that section 2 of the Technical and Further Education Act 2017, commonly known as the Baker Clause, is legally enforceable.

New clause 4—Green Skills Strategy—

“The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish a Green Skills Strategy, setting out a plan to support people to attain the skills, capabilities or expertise through higher education, further education or technical education that directly contribute to, or indirectly support, the following—

(a) compliance with the duty imposed by section 1 of the Climate Change Act 2008 (United Kingdom net zero emissions target),

(b) adaptation to climate change, or

(c) meeting other environmental goals (such as restoration or enhancement of the natural environment).”

This new clause would require the Secretary of State to publish a national green skills strategy which would set out a plan to support people to attain skills which will directly contribute to or indirectly support climate change and environmental goals.

New clause 5—Universal Credit conditionality review—

“The Secretary of State must review universal credit conditionality with a view to ensuring that adult learners who are—

(a) unemployed, and

(b) in receipt of universal credit

remain entitled to universal credit if they enrol on an approved course for a qualification which is deemed to support them to secure sustainable employment.”

This new clause is intended to ensure greater flexibility for potential students in receipt of universal credit to take up appropriate training that will better equip them for employment.

New clause 6—Skills levels in England and Wales: review—

“(1) Within one year of the passing of this Act, and each year thereafter, the Secretary of State must prepare and publish a report on overall levels of skills in England and Wales and their economic impact, including regional and demographic breakdowns.

(2) The report under subsection (1) must in particular examine—

(a) cohort sizes and compositions of all qualifications from entry level to level 8,

(b) cohort skill achievement rates, in terms of result breakdowns,

(c) cohort placement success rates, in terms of numbers in further qualifications or new employment within 12 months after achieving each qualification,

(d) job retention and labour market turnover,

(e) labour productivity, and

(f) job satisfaction and fulfilment.

(3) The report under subsection (1) must be laid before both Houses of Parliament.”

This new clause would require the Secretary of State to publish an annual report on overall skills levels and economic output across England and Wales.

New clause 7—Lifetime skills guarantee—

“(1) All persons have the right to study a fully-funded approved course for a qualification up to level 3 supplied by an approved provider of further, higher, or technical education if they—

(a) do not currently hold a level 3 qualification, or

(b) currently hold a level 3 qualification and would benefit from re-training.

(2) The Secretary of State must prepare and publish a list of approved courses for the purposes of subsection (1).

(3) The Secretary of State must consult on the list of approved courses to ensure that they are compatible with national levelling up and skills strategies.

(4) The Secretary of State must review the list of approved courses at least every six months with a view to ensuring that they reflect the skills needed as the economy changes.”

This new clause places the Government lifetime skills guarantee on a statutory footing, ensuring that those without an A-level or equivalent qualification, or who hold such qualification but would benefit from reskilling, are able to study a fully funded approved course.

New clause 8—National Strategy for Integrated Education —

“(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish a National Strategy for Integrated Education.

(2) A strategy under this section must—

(a) support the creation or development of courses offering integrated academic and vocational content, or a range of academic and vocational modules which can be combined into hybrid qualifications, at levels 4 to 8;

(b) support the creation or development of institutions offering courses under paragraph (a);

(c) set out a role for training programme providers in designing courses under paragraph (a).

(3) The Secretary of State must consult the Institute for Apprenticeships and Technical Education, Ofqual, and Quality Assurance Agency on any strategy to be published under this section.

(4) The Secretary of State must make regulations within 24 months of the passing of this Act to provide for such elements of the strategy as require enactment through statutory provisions.”

New clause 9—Integrated compatibility of modules and accreditation—

“(1) The Secretary of State must publish a National Accreditation Framework for Modular Learning. A framework must include guidance on—

(a) the unbundling of modular components of courses and qualifications;

(b) the stacking of modular components of courses and qualifications; and

(c) the transfer of modular components between institutions,

for the purposes of ensuring—

(a) (i) transparency;

(ii) mutual recognition of qualifications across academic, vocational and integrated further and higher education institutions; and

(iii) clarity on the options available to learners for unbundling or stacking modules into an overall qualification which meets the needs of their own professional development, and skills gaps within the national labour-market.

(2) The Institute for Apprenticeships and Technical Education, Ofqual, and Quality Assurance Agency must assist in the preparation of any framework under this section.

(3) A framework under this section must set out a role for the Institute, Ofqual and the Quality Assurance Agency in ensuring the effective operation of the framework.”

New clause 10—Role of employers in employee reskilling—

“(1) The Secretary of State may make regulations for the purpose of ensuring that employers provide—

(a) a minimum number of hours per year for in-work training and skills development for employees; and

(b) a minimum number of hours of retraining support for courses chosen at the discretion of former employees who have been made redundant, as part of an employer’s redundancy package.

(2) The minimum numbers of hours under section (1)(a) and (b) are to be set by the Secretary of State.

(3) In this section, “employer” has the same meaning as in section 4.

(4) The Secretary of State may, by regulation, establish a skills tax credit, for the purpose of—

(a) making allowance for funding the provision of time and training under subsection (1); and

(b) incentivising and rewarding employers for investing the skills development of their employees.”

New clause 11—Transition to 16+ education—

“(1) The Secretary of State may make regulations requiring local authorities to fulfil the function of an admissions authority with regard to admissions to further education courses provided within their administrative jurisdiction, for the purposes of ensuring admission to further education is allocated in an open and fair manner.

(2) Regulations under this section may require local authorities to run admissions processes in relation to further education in a manner comparable with the processes set out in Part III of the School Standards and Framework Act 1998 in so far as they relate to the admissions processes for primary and secondary education.

(3) In this section, “further education” has the same meaning as in the Education Act 1996 (see section 2 of that Act).”

This new clause would allow the Secretary of State to require local authorities to run admission to further education in a manner comparable to admissions for primary and secondary education.

New clause 13—Access to Sharia-compliant lifelong learning loans—

“(1) The Secretary of State must make provision by regulations for Sharia-compliant student finance to be made available as part of the lifelong learning entitlement.

(2) Regulations under this section are to be made by statutory instrument, and a statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

This new clause allows the Secretary of State to make provision for Sharia-compliant LLE loans.

New clause 14—Recognition of skills in the energy sector—

“(1) Within six months of the passing of this Act, the Secretary of State must publish an Energy Sector Skills Strategy, for the purposes of—

(a) achieving cross-sector recognition of core skills and training in the offshore energy sector, including the oil and gas sector, and the renewable energy sector; and

(b) ensuring training and training standards bodies within the offshore energy sector adopt a transferable skills and competency-based approach to training.

(2) The strategy must target all workers, whether directly or indirectly (sub-contracted or agency) employed, or engaged through day-rate or self-employed contract models.

(3) When producing the strategy, the Secretary of State must consult with—

(a) workers within the offshore energy sector;

(b) unions within the offshore energy sector;

(c) energy companies; and

(d) training standards bodies relevant to the offshore energy sector.

(4) The Secretary of State must implement the strategy within 12 months of the passing of this Act. The Secretary of State may make regulations to provide for such elements of the strategy as require enactment through statutory provision.”

This new clause would facilitate cross-sector recognition of skills and training between the oil and gas sector and the renewable energy sector.

New clause 15—Retraining guarantee for oil and gas workers—

“(1) The Secretary of State must guarantee access to training, grants, resources and other support facilities to workers in the oil and gas sector, including—

(a) assessment of existing skills and training;

(b) understanding of skills matrices for careers in the offshore energy sector, including renewable energy and oil and gas;

(c) advice on alternative green energy jobs; and

(d) funding to complete training relevant to the green energy sector;

for the purpose of proactively supporting oil and gas workers wishing to transition to careers in the green energy sector, regardless of their current contract status.

(2) Support under this section must be made available to—

(a) all workers, whether directly or indirectly (sub-contracted or agency) employed, or engaged through day-rate or self-employed contract models; and

(b) workers who have recently left the oil and gas sector.”

This new clause would establish a retraining guarantee for oil and gas workers seeking to leave the sector, supporting them in transitioning to green energy jobs.

New clause 16—National review and plan for improving levels of adult literacy—

“(1) Within two years of the passing of this Act, and every two years thereafter, the Secretary of State must review adult literacy levels in England, for the purpose of improving adult literacy levels.

(2) A review under this section must identify the number of adults with literacy levels—

(a) below Entry Level 1,

(b) below Entry Level 2,

(c) below Entry Level 3,

(d) below Level 1, and

(e) below Level 2.

(3) The findings of a review under this section must be published in a report, which must be laid before Parliament.

(4) A report under this section must include a breakdown of the levels of adult literacy by local authority area.

(5) When a report under this section is laid before Parliament, the Secretary of State must also publish a strategy setting out steps the Government intends to take to improve levels of adult literacy in England.”

This new clause would require the Secretary of State to, every two years, review levels of adult literacy in England, publish the findings of that review and set out a strategy to improve levels of adult literacy in England.

New clause 17—Availability of humanities, social sciences, arts and languages courses—

“(1) The Secretary of State must review the availability of humanities, social sciences, arts and languages courses at Entry Level through to Level 4 in a specified area to which a local skills improvement plan relates.

(2) The outcome of a review under this section must be—

(a) provided to the relevant employer representative body for a specified area; and

(b) laid before both Houses of Parliament.

(3) Where a review under this section identifies inadequate availability of courses in a specified area, the Secretary of State must take steps to remedy this inadequacy, to ensure courses are available in all specified areas.

(4) A review under this section in relation to a specified area must be conducted each time the Secretary of State approves and publishes a local skills improvement plan for that specified area.”

This new clause requires the Secretary of State to review the availability of humanities, social sciences, arts and languages courses at Entry level to Level 4 in areas to which an LSIP applies. It would also require the Secretary of State to take steps to remedy inadequate availability of the courses.

Amendment 2, page 2, line 36, after “authority” insert

“and further education providers in the specified area”.

This amendment would provide for employer representative boards to develop local skills improvement plans in partnership with local further education providers.

Amendment 18, page 3, line 6, at end insert—

“(ba) draws on responses to a public consultation conducted by the relevant local authority for the specified area on the education and training that should be made available in the relevant area, and”

This amendment would require the Secretary of State to draw on responses to a public consultation run by the relevant local authority, when publishing a local skills improvement plan for a given area.

Amendment 16, page 3, line 10, at end insert—

“(d) lists specific strategies to support learners who have or have previously had, a statement of Special Educational Need or an Education and Health Care Plan into employment, including but not limited to provision for supported internships.”

This amendment would require local skills improvement plans to list specific strategies to support learners who have or have previously had, a statement of Special Educational Need or an Education and Health Care Plan into employment, including but not limited to provision for supported internships.

Amendment 14, in clause 2, page 3, line 15, after “England” insert

“with the consent of the relevant local authority, Local Enterprise Partnership (LEP) and, where relevant, Mayoral Combined Authority”.

This amendment provides for local authorities to give consent in the designation of employer representative bodies, to ensure employer representative bodies are representative of the areas they cover.

Amendment 4, page 3, line 20, after “employers”, insert

“and any relevant community, education, arts, faith and third sector organisations”.

Amendment 5, page 3, line 41, at end insert—

‘(6) The functions of the Secretary of State under this section may also be exercised by a relevant mayoral combined authority in England, where the designation relates to an area within their administrative jurisdiction, provided that education and skills are within the relevant authority’s devolved competence.”

Amendment 17, page 3, line 41, at end insert—

‘(6) Representative bodies which are employers, and employer organisations which are members of employer representative bodies, must sign up to the Disability Confident employer scheme within six months of being designated, or becoming a member of, the employer representative body.”

Amendment 6, in clause 3, page 4, line 18, at end insert—

‘(5) The functions of the Secretary of State under this section may also be exercised by a relevant mayoral combined authority in England, where the designation relates to an area within their administrative jurisdiction, provided that education and skills are within the relevant authority’s devolved competence.”

Amendment 12, in clause 6, page 7, line 23, at end insert—

‘(2A) The Institute shall perform a review of the operation of the apprenticeship levy, paying particular regard to considering whether sufficient apprenticeships at level 3 and below are available.”

This amendment would require the Institute to perform a review of the operation of the apprenticeship levy, and would require the Institute to pay particular regard to ensuring that sufficient apprenticeships at level 3 and below are available.

Amendment 15, in clause 7, page 10, line 37, at end insert—

‘(2A) Subsection (2) does not apply to the withdrawal of level three courses for the period of four years beginning with the day on which this Act is passed.”

This amendment seeks to reintroduce the Lord’s amendment (amendment 29), preventing IfATE from withdrawing approval of established level 3 courses including BTECs for four years.

Amendment 1, page 17, line 28, leave out clause 14.

This amendment is consequential on NC3.

Amendment 8, in clause 14, page 17, line 28, at end insert—

‘(A1) Section 42A of the Education Act 1997 (Provision of careers guidance in schools in England) is amended as follows—

“(d) is provided by a person who is registered with the Career Development Institute, and who holds a level 4 qualification.”’

Amendment 13, page 18, line 5, at end insert—

“(aa) ensure that each registered pupil receives two weeks’ worth of compulsory work experience,

(ab) ensure that each registered pupil receives face to face careers guidance, and”.

This amendment would require every school to provide face to face careers guidance for every pupil and two weeks’ worth of compulsory work experience for every registered pupil.

Amendment 7, page 19, line 1, at end insert—

‘(9B) Local Authorities shall have oversight of the provisions in subsection (2A) and subsection (5), for the purposes of ensuring the provision of careers advice is consistent and high quality.”

Amendment 3, in clause 15, page 20, line 29, at end insert—

‘(3) After section 22(2)(c) of the Teaching and Higher Education Act 1998 insert—

“(ca) for the establishment of a system of means-tested financial grants, for the purpose of ensuring that financial hardship is not a dissuading factor in the take-up of higher education or further education modules or courses.”’

Amendment 11, in clause 34, page 40, line 20, at end insert—

“(e) Sections [Recognition of skills in the energy sector] and [Retraining guarantee for oil and gas workers].”

This amendment is consequential on NC14 and NC15.

Government amendments 9 and 10.

[Alex Burghart]

It is a pleasure to open the debate on Report of the Skills and Post-16 Education Bill. We had a very good debate in Committee, and I look forward to contributions from Members from across the House today.

I rise to speak to new clause 12 and amendments 9 and 10 in the name of my right hon. Friend the Secretary of State. The Government announced their intention to table new clause 12 in Committee last November. It inserts three new sections into the Higher Education and Research Act 2017, and will give the Office for Students, the higher education regulator in England, an explicit power to publish information about its compliance and enforcement activity in relation to higher education providers.

It is important that the OfS is able to publish such information in the form of notices, decisions and reports, and it is in the public interest that it should be transparent in its work, particularly when it is investigating providers for potential breaches of the registration conditions placed on them by the regulator. Publication by the OfS regarding its compliance and enforcement functions will demonstrate that appropriate actions are being taken by the regulator, and that will ensure that the reputation of higher education in England is maintained, and that we bear down on poor provision.

Members can be reassured that this power will be discretionary, as there may be reasons why the OfS may not consider it appropriate to publish certain information. The new clause provides, in proposed new section 67A(5) of the Higher Education and Research Act 2017, various factors that the OfS must take into account when deciding whether to publish, including the public interest, but also whether publication would or might seriously and prejudicially affect the interests of a body or individual. The OfS should be transparent about such work, showing the sector, students and the public that it is intervening when necessary, and consequently providing confidence in the regulatory system.

New clause 12 also includes provision in proposed new section 67C to protect the OfS from defamation claims when, for example, it announces the opening of an investigation or publishes regulatory decisions. This protection provides qualified privilege, meaning that there is protection unless publication is shown to have been made with malice.

Other regulators, such as the Competition and Markets Authority, Ofsted and the Children’s Commissioner, have similar powers and protections. We are seeking a power and protection in this new clause to ensure that the OfS has what it needs for the purpose of transparency, and note the need to be as consistent as possible across the statute book. We believe there will be little material impact on the sector as a result of this change, as it simply allows more transparency about what the OfS is already doing.

Publication of notices, decisions and reports will become increasingly important as the OfS scales up its work on driving up quality in higher education and on protecting freedom of speech and academic freedom under the Higher Education (Freedom of Speech) Bill.

Amendment 9 brings new clause 12 into force two months after Royal Assent, and amendment 10 amends the long title to cover new clause 12. I hope the House will support these amendments.