Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [HL]

Baroness Smith of Malvern Excerpts

2nd reading
Tuesday 22nd October 2024 Lords Chamber

Moved by

[Baroness Smith of Malvern]

That the Bill be now read a second time.

[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

First, I thank noble Lords who contributed to the debate following His Majesty’s gracious Speech, when we first discussed this Bill. That was also my maiden speech, and it seems an awfully long time ago. I thank noble Lords who attended the recent open briefing sessions with me in this House to talk about the Bill and the work that the Government are doing in this area. Our central mission is to grow the economy. We have set out a modern industrial strategy with a primary objective of long-term sustainable growth in our highest-potential growth-driving sectors.

To succeed in our growth mission, we need to harness the talent of our people, meet businesses’ skills needs and break down the barriers to opportunity. Education is critical to breaking down those barriers, and we are focused on ensuring that all children and learners can achieve their ambitions and thrive in education, work and life, no matter their background.

However, I am sorry to report that this country’s workers still lack the skills they need. This means that businesses cannot grow and people are not able to make the most of the opportunities that come their way. For example, around 7.5 million working-age adults do not have even basic digital skills, despite most employers saying that these are vital for their businesses. As recently as two years ago, UK employers put over one-third of their vacancies down to skills shortages.

Our businesses have become overly reliant on importing skilled workers from abroad as they have not seen a plan to develop the skills they need in this country. Compared with other countries, our workers are underqualified. The OECD states that 26% of the UK workforce are underqualified for their job, compared with an OECD average of 18%. That underqualification is in part the result of a “missing middle” in our skills system. Not enough people attain post-school qualifications in sought-after disciplines.

Technical training at levels 4 and 5, between A-levels and undergraduate study, is low compared with other countries and with our own historical levels. In England only 4% of people have level 4 and 5 qualifications as their highest qualification, compared with around 20% in Germany and 34% in Canada.

Not only do we lack the skills we need today; our economy’s skills needs are changing, with 1.4 million jobs in new fields projected by 2035. England’s skills system has a crucial role in ensuring that businesses and individuals are prepared for the future, but the current fragmented skills system is preventing young—and older—people from seizing the opportunities that are out there.

That is the sorry state of the skills system that we have inherited from the last Government, a system that employers and individuals report is overly complex, where people cannot find the training opportunities that would help them achieve and which is holding back our businesses, our public services and our economy from accessing the skills they need to grow. After 14 years of tinkering with qualifications, introducing a levy that has seen apprenticeship starts fall, and a failure to look to the future needs of our economy, the skills system is failing individuals and our country. The skills system needs an overhaul. It needs to be strategic, creating opportunities for young people to get on and for adults to upskill and retrain, and delivering the skills that will help our businesses to grow.

The Bill is a crucial step towards creating a skills system fit for the future, enabling our growth and opportunity missions to deliver better life chances for all, meeting the challenge of our industrial strategy, supporting our NHS to have access to the people and skills that it will rely on, and delivering the skills to build the houses and infrastructure that we need and to support our clean energy superpower mission.

This Government have already begun to take action. In July the Prime Minister announced the launch of Skills England, which then published its first report in September. This new organisation will bring coherence to the system, ensuring that we have a clear assessment not just of where the skills gaps are now but of what we will need in the future to realise our potential in a rapidly changing world. It will use that assessment to ensure that there is a comprehensive suite of apprenticeships, training and technical qualifications for individuals and employers to access. At its heart will be employers working with trade unions, training providers across our further education, higher education and independent sectors, and local and regional government—a partnership raising the profile and impact of our skills system. Skills England’s strong board and chair will deliver the operational independence, external expertise and challenge to drive the change that we need to see. Its link back into government will provide the voice and the advice to ensure that skills sit at the heart of joined-up decision-making across government.

Skills England will transform our ability to determine and then deliver the skills that our country needs, giving it a key role as part of an even more ambitious programme of reform and national renewal. The launch of our industrial strategy will provide the firm foundation and confidence for businesses to plan. We are moving away from the chaos of recent years, where policy changed as quickly as Prime Ministers. Skills need to support this growth and investment rather than being the barrier that many employers highlight, so Skills England will work closely with the industrial strategy council to remove those barriers.

Skills England will work closely with the Department for Work and Pensions on our major cross-government effort to get Britain working and tackle deep-seated challenges in our labour market. It will work closely with the Migration Advisory Committee to ensure that we have a strong skills pipeline.

We plan further fundamental reform to support a vibrant and responsive skills and education system. We are creating a growth and skills levy to bring the focus and flexibility lacked by the last Government’s levy; a curriculum and assessment review to ensure that our schools are providing the learning to maximise all children’s chances to develop the skills, knowledge and creativity to make the most of their education; a youth guarantee to ensure that all young people have access to jobs and training; and a new national jobs and careers service to provide direction and support for people entering the workforce.

To create a single, unified body in Skills England, it is crucial that the functions that currently sit with the Institute for Apprenticeships and Technical Education are folded into it. Skills England will build on IfATE’s role in securing the quality of technical qualifications and apprenticeships, and we are grateful for the role that IfATE has played in doing that—but, to pave the way for Skills England, the Bill will abolish IfATE. It will remove functions relating to IfATE’s current accountability to the Secretary of State and Parliament, transfer IfATE’s functions to the Secretary of State and amend five of them. It will allow the skills system to operate without organisational boundaries and administrative hurdles. Skills England will help the skills system become more agile and responsive by identifying what skills are needed where in the economy, supporting our industrial strategy and securing the availability of high-quality qualifications that meet those needs.

The Bill is narrow in scope and technical in nature. There are two main elements. The first part of the Bill, as outlined, will abolish IfATE and transfer its functions to the Secretary of State. These functions will largely be exercised by Skills England, operating as an executive agency. The Bill will also enable the transfer of IfATE’s property, rights and liabilities to the Secretary of State. The second part makes changes to some of the functions to be transferred. We have examined the functions carefully and determined that the way some of them are set out in the existing legislation is overly prescriptive and could hamper the responsive and agile skills system we need.

The Government therefore propose some changes to functions relating to apprenticeships and technical education to increase our responsiveness and allow the Secretary of State to make small and fast adjustments to our education and training programmes. This should provide the speed and flexibility the skills system needs. Clauses 4 and 5 remove the requirement for each occupational standard and apprenticeship assessment plan to have been prepared by an appropriate “group of persons”.

Employers will continue to be central to how technical qualifications and apprenticeships are produced. In the preparation and design of standards and apprenticeship assessment plans, while design by employers and others will be maintained as the default position, these changes will allow greater flexibility in scenarios where preparation by a group can be unnecessary or restrictive—for example, where training requirements are already tightly defined as a result of there being a regulator or an industry-recognised qualification, such as the dental hygienist occupation being regulated by the General Dental Council. Giving the Secretary of State the flexibility to consider whether to convene a group of persons in such cases will enable the skills system to be more agile.

Where the Secretary of State makes the determination not to use a group of persons to prepare standards or apprenticeship assessment plans, a high level of rigour and recognition of the value of external input will be upheld, for example by publishing standards in draft for stakeholder comment before they are finalised.

Clause 6 will retain the duty to maintain arrangements to review technical education qualifications, standards and apprenticeship assessment plans. But we will remove the duty to review these at regular intervals and publish information about these intervals. This change is necessary in light of there now being more than 700 standards, spanning a huge range of sectors and occupational specialisms. The frequency with which different standards should be reviewed and updated will depend on their performance, how widely they are used and the pace and extent of technological advancements resulting in changes to the type of tasks performed and expertise required. This change will therefore allow the Secretary of State flexibility to focus on reviews with the greatest need and impact.

Clause 7 will remove the requirement for a third-party examination of a standard or apprenticeship assessment plan to be carried out before approval. Again, we expect the default position to remain that standards and assessment plans will be examined by independent third parties. The Secretary of State will deviate from this only in a minority of instances, where appropriate. This change will allow flexibility where examination would add limited value—for example, in highly regulated occupations in the health and finance sectors where the assessment plan simply sets out the regulator’s requirements.

Clause 8 will allow the Secretary of State to grant an exception to Ofqual, which is currently prevented from exercising its accreditation power for technical qualifications. This amendment would allow Ofqual, where the Secretary of State deemed it appropriate, to be given the discretion to apply its accreditation power to specified technical education qualification types, subject to appropriate consultation. This change reintroduces the potential for technical qualifications to be accredited in the same way as general qualifications, so that learners and employers can be assured of the quality of the most high-stake qualifications.

These flexibilities reflect the calls from employers and others to ensure that the system is agile and flexible and can respond to rapidly changing needs. In developing Skills England we are already building the vital partnership I mentioned earlier through a series of engagement events. So far, the round tables led by Skills England’s interim chair, Richard Pennycook, have involved more than 100 key stakeholders, including a wide range of employers. These sessions have emphasised the need for greater flexibility in the skills system and more opportunities becoming available to shape technical qualifications and apprenticeships so that they best reflect the changing needs of industry, particularly in the most critical sectors. It is in this spirit that we bring forward the Bill.

The Bill makes vital, practical changes that enable us to deliver Skills England, to bring coherence to the skills system and ultimately to deliver the skills we need for the future. These reforms will sit at the heart of this Government’s missions to drive economic growth and to spread opportunity across all parts of this country. I beg to move.

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[Baroness Smith of Malvern (Lab)]

My Lords, I thank noble Lords for their contributions and acknowledge the many passionate and informed speeches that we have heard and the expert knowledge that this Chamber has brought to the debate.

I particularly welcome and give a special mention to the maiden speech of my noble friend Lord Beamish. He and I served together in the other place. I remember the breakfast meetings that he used to have in the tea room—particularly when I was Chief Whip, because no Chief Whip likes to know that there is plotting going on in the tea room. My noble friend was a steadfast colleague and a strong supporter of the Government. As he outlined in his maiden speech, he used his real enthusiasm to challenge the Government on issues relating to defence and to protect those affected by the Post Office scandal. Based on his maiden speech and what I know about his history, I know that he will certainly play a very important role in this House, and I am very pleased to welcome him.

The Government’s first mission is to grow the economy. To succeed, we need to harness the talents of our people. A skills system fit for the future can enable people to learn the skills that they need to seize opportunity and businesses to access the skills in the workforce that they need to grow. I join the noble Earl, Lord Effingham, in celebrating both those who are taking part in apprenticeships and those who are delivering them. There is excellent work going on across the country, which I often have the opportunity to celebrate, where providers and employers are providing a splendid apprenticeship opportunity.

The noble Earl asked me, as did the noble Baroness, Lady Barran, to celebrate the last Government, but I have to point out that apprenticeship starts peaked in 2015-16 at 509,360 and in the most recent year were at only 337,140—in other words, a 34% reduction on the levels seen in 2015-16—so I do not think it is enough for us simply to rest on what the previous Government have done. In fact, we need a fundamental change in our skills system if we are going to ensure the potential of our people and our economy.

On the specifics of the debate, I will start with the number of contributors who have asked questions about how we maintain an employer-led approach to the skills system. The noble Baroness, Lady Finn, the noble Earl, Lord Effingham, and the noble Lord, Lord Storey, asked questions about that. I reassure noble Lords that employers will continue to play a central role in the design and delivery of apprenticeships and technical education. Indeed, it is crucial that apprenticeships and technical qualifications reflect the needs of employers and that employers have confidence in them. That is why, through Skills England, we will ensure that there is a comprehensive suite of apprenticeships, training and technical qualifications for individuals and employers to access, all of which will be informed by what employers and other partners tell us that they need.

The default will be that employers will set standards and assessment plans—I hope that responds to the point made by the noble Lord, Lord Storey. It is not the case that this legislation enables the Secretary of State to rewrite a standard on a train, even if she were to have the time to do that. Employers remain fundamental. In fact, regarding standards and assessment plans, the legislation states that the Secretary of State will be able to prepare these only where she is satisfied that it would be more appropriate than using a group of persons. Each time the Secretary of State does this, she will need to make such a consideration and she will not be able to proceed without doing so. That approach will be taken in only a minority of circumstances where there is a clear rationale for doing so, some of which I outlined in my opening speech and all of which I will be very happy to go into more detail on in Committee. I think the important point was made by my noble friend Lady Wilcox, who, using her experience, identified some very good examples of the need for flexibility in the system, as was also recognised by others in the debate.

My noble friend Lord Watson asked about the Ofqual amendment. This amendment will ensure that, should the Secretary of State wish to in the future, she could grant an exception so that Ofqual can consider whether it is appropriate to accredit certain types of technical education qualifications. It will therefore reintroduce in a managed way the potential for Ofqual to exercise its accreditation power for technical education qualifications. Where the Secretary of State deems it necessary to maximise the quality of and confidence in technical education qualifications, it will become possible for the full suite of regulatory options to be applied to them, helping to put them on an even footing with other academic and vocational qualifications.

On the specific point about Clause 9 raised by the noble Baronesses, Lady Barran and Lady Finn, these are not sweeping powers. This is not an undermining of the correct exhortations made by the Attorney-General on the use of delegated powers. Clause 9, in introducing Schedules 2 and 3, details the primary legislation that we are amending simply to remove references to IfATE as a result of its abolition. We have attempted to identify all the primary legislation that will need to be amended as a result of the Bill and the Henry VIII power that is included in the Bill exists solely in case we uncover any other Acts in need of consequential amendment after the passage of the Bill, so there is no way that this could be called a sweeping use of delegated powers.

To return to the nature of Skills England, at its heart will be the role of employers, alongside an important partnership to ensure that we are developing the most effective skills system. The noble Earl, Lord Effingham, questioned whether trade unions should play an important role in that, but my noble friend Lord Blunkett rightly identified the enormously important contribution that trade unions have made to the development of skills for their members, citing in particular the important work done by the Union Learning Fund. We make no apology for including trade unions in our work to improve the jobs and skills that their members will get. It is also a feature of high-performing systems across the world that trade unions are involved.

My noble friend Lord Watson talked about the role of higher education. We certainly believe that it has a very important role to play in this partnership with Skills England.

The noble Lord, Lord Ravensdale, talked about regional flexibility and the excellent work that he identified. Skills England will collaborate with combined authorities as well as with equivalent bodies in places which have devolution deals but where there is no combined authority present, and it will also work with a wide range of regional organisations as well as other local and regional partners, such as employer representative bodies. It will support them to construct skills systems which reflect and feed into both local and national priorities. That is the partnership that Skills England will bring together to deliver the impact we need to see in our skills system.

I turn to the charge made by several speakers in the debate that, somehow or another, as an executive agency Skills England will not have the independence or, frankly, the oomph that it will need. That is wholly wrong. As an executive agency, Skills England will have operational independence from the department. A permanent chair and board members will be recruited to oversee Skills England. I am glad that my noble friend Lord Blunkett recognised the status, experience and impact that the current chair, Richard Pennycook, is already having in this role, and I can tell noble Lords that we have had several hundreds of applicants for the board of Skills England—clearly, people understand the significance of that role and the impact that it will have.

I am sure that the noble Baroness, Lady Garden, did not mean to suggest that I was a “here today, gone tomorrow” politician with no clue about what I was doing, despite the fact that that is what she said.

[Baroness Garden of Frognal (LD)]

I assure the Minister that it was not personal.

[Baroness Smith of Malvern (Lab)]

Okay. I do not note any other Ministers in the Chamber—but anyway, in that case I will not take it personally.

The important point here is that, once in place, it will not be Ministers who decide the day-to-day activity of Skills England; the board will provide scrutiny that Skills England is operating effectively within the agreed framework and will provide assurance functions as well as leadership and direction.

However, while operationally independent, it is critical that Skills England, for many of the arguments made in the debate, has sufficient proximity to government to directly influence and inform policy decisions, as many have argued for. This will allow Skills England to use its insights to influence skills policies and funding decisions. It is important that they are retained by the Secretary of State, but Skills England will have a crucial role in informing them.

For further reassurance, I say that we do anticipate the relationship between the Department for Education and Skills England will be set out in a publicly available format and updated periodically. I expect us to talk about this more in Committee. People have argued that we know little about Skills England and its functions —the noble Baronesses, Lady Evans and Lady Barran, for example—but having been set up only in July, Skills England has already produced a report which, as others have mentioned, outlines its functions and ways of working. That is how we expect Skills England to operate in the future.

I thank the noble Baroness, Lady McGregor-Smith, for the excellent work she has done in leading IfATE. I echo her thanks to the board and the chief executive for that work. In talking about how employers will remain at the heart of Skills England, I hope to learn from the way in which IfATE has done that. However, bringing the functions currently held by IfATE into Skills England is essential to address complexity and fragmentation in the skills system. The majority of IfATE’s functions will be transferred to the Secretary of State but will be exercised by Skills England unchanged, so we will be able to ensure continuity of skills delivery through the transition process. My officials are working very closely on this with IfATE’s senior leadership team. The noble Baroness, Lady McGregor-Smith, has been very clear about this, as she was when we met. She has been very engaged in ensuring that there is a transition plan which will ensure minimal disruption to learners, employers, providers and IfATE staff, and which will safeguard the good elements of the work that IfATE has already done, which she outlined.

It is absolutely not our intention to allow the transfer to cause a delay or drop in apprenticeship numbers. We will mitigate the risk of that through the transition plan I have talked about. On the point raised by the right reverend Prelate the Bishop of Leeds, any approvals by IfATE will transition and will not have to be redone as a result of this legislation. These decisions will continue to stand until such time as the occupational standard, apprenticeship or technical qualification in question is reviewed under successor arrangements and a new decision is taken.

The noble Lord, Lord Aberdare, also raised points about the sharing and transferring of IfATE’s functions. We have been clear that we expect the functions of Skills England to include broad continuation of the core work IfATE does with employers. I will be very happy to talk more about that in Committee. My noble friend Lord Watson asked about the engagement between Skills England and Scotland on UK-wide organisations such as the Migration Advisory Committee and the Industrial Strategy Council. We have had close collaboration with devolved Governments, as was recognised by my noble friend Lady Wilcox. This is critical to ensuring that there is an effective skill system regardless of where in the UK you live, work and train. We have had regular meetings with senior officials from all four nations to share best practice and approaches and their long-term strategic goals. These relationships will be important to Skills England’s success, as has already been set out by Richard Pennycook in his role as the chair.

My noble friend Lord Layard and the right reverend Prelate the Bishop of Leeds rightly talked about the significance of young people and how we can ensure that we improve our skills system for them. This is where our commitment to developing a youth guarantee is very significant, and my noble friend Lord Layard once again made his strong call for the apprenticeship guarantee, which I have discussed with him on numerous occasions. He is pushing us further as a Government than we are able to go at this time, but he continues to make a strong case and I will continue to listen to him.

However, we have of course already started to think about how we reform the apprenticeship system to ensure it better serves young people, who have particularly seen the numbers of apprenticeships fall off. That is why we recently announced that we would develop foundation apprenticeships to provide a route into apprenticeships for young people who have not been able to benefit from apprenticeships up to this point.

We have also heard calls with respect to the growth and skills levy. Our reformed growth and skills levy will deliver greater flexibility for learners and employers, including through shorter duration and foundation apprenticeships in targeted sectors. We will want Skills England and the employers it engages with to have a crucial role in determining how that skills levy is spent. I also recognise the significance of the role of further education, as outlined by my noble friend Lord Watson and others in the discussion, and I can assure him that we will continue to do more than perhaps has been the case for FE previously to raise the status and significance of that sector, because it is so important for young people. We will include more about our overall role in the post-16 strategy, which we are currently working on.

The role of schools is really important, as my noble friend Lady Wilcox and the noble Lords, Lord Aberdare, Lord Hampton and Lord Lucas, outlined. I can assure noble Lords that the curriculum and assessment review will look at the significance of digital skills, creativity and how enterprise can be developed in our schools.

If we are to meet the skills gaps that persist in our economy, we must address the fragmentation in our skills system. To respond to the challenge of the noble Baroness, Lady Barran, I do not believe we can do that by simply building on IfATE. We need, with Skills England, to make sure that we do more than the excellent work that IfATE has done. We have to make and maintain an authoritative assessment of national and regional skills needs in the economy, now and in the future, combining the best possible insights from employers and other key stakeholders.

This legislation will enable Skills England to build on IfATE’s work but will also enable us to build that broader partnership and assessment that will help us to transform our skills system. This Bill is an important milestone in the delivery of the Government’s manifesto commitment to establish Skills England. I look forward to further discussion through the passage of this legislation.

Bill read a second time.

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Moved by

[Baroness Smith of Malvern]

That the bill be committed to a Grand Committee, and that it be an instruction to the Grand Committee that the bill be considered in the following order: Clause 1, Schedule 1, Clause 2, Schedule 2, Clause 3, Schedule 3, Clauses 4 to 13, Title.

Motion agreed.