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

Janet Daby Excerpts

Committee stage
Thursday 20th March 2025 Public Bill Committees

[Damian Hinds (East Hampshire) (Con)]

I rise to speak in favour of the new clause in the name of my hon. Friend the shadow Minister. He is right; of course, we have just voted on something quite similar, and that vote was lost by the classic 11 to four margin, with which we have become familiar. But that does not mean the Government cannot do this, and indeed there have been some signs and indications that they might make Skills England a fully independent body on a statutory footing. Most people talk about Skills England in their speeches, but that is not what the Bill, as introduced, does; it abolishes something without actually creating something else, and hands the powers to the Secretary of State, in whose gift it is to hand on.

There was also the question that came up last Thursday about Ofqual, and what the Bill does to that, which I do not think we were 100% clear about. I think the Minister was going to write, but I do not think I have seen that letter—that is not to say it has not come, or been sent, but I am wondering if when the Minister comes to speak, if she could confirm whether that letter has come.

There have always been two fundamental questions about the Bill and the creation of Skills England: the first is about independence, and the second is about who should set the expectations and standards for various occupations—should it be the employers in those organisations or somebody else? There is also a third point, which is relevant to independence, about the heft of this body, putting skills right at the heart of cross-departmental work, and what statutory independence would do to the status of this body.

Particularly in education and training, one of the reasons that we have independent bodies is so that everybody knows that the standards are robust, they cannot be subject to political pressure, and there cannot be a temptation to make it a bit easier to get over a hurdle to make the numbers look better. We have had that system of independence for a very long time, and do to this day, and still will in the future for academic qualifications. As I said the other day, I think independence of this body is important to underpinning parity of esteem. IfATE is legally established as a non-departmental public body, whereas Skills England will be, as things stand, an executive agency. As a non-departmental public body, IfATE does therefore have some independence from the Department for Education because its functions and responsibilities are set out in legislation approved by this Parliament, whereas Skills England, as things stand, will simply be an integral part or unit within DFE.

When Skills England was first talked about in the King’s Speech, it seemed that it would be established as an independent body. As well as my question on Ofqual, the first of my other questions to the Minister is, what has changed? If that was the intent—perhaps we have all just misread the text—what is different now, that it should not be? Finally, if it is right for the Industrial Strategy Advisory Council to be put on a statutory footing, why is it not for Skills England?

[The Parliamentary Under-Secretary of State for Education (Janet Daby)]

New clause 2 would impose a requirement on the Secretary of State to establish Skills England as a statutory body with a separate legal identity. It would transfer the functions the Secretary of State takes on under the Bill to a new body within 12 months.

The new clause would undo significant progress already made by the Government to establish Skills England. It has been operating in shadow form since July of last year. It is ready to take on the functions conferred by the Bill. I reassure Members that we considered different options for the model of arm’s length body for Skills England. It being an executive agency allows us to move fast, much faster than the previous Government did for 14 years. Skills England can take immediate action to plug the skills gaps that this Government have inherited, and we are focused on economic growth. An executive agency balances the independent Skills England’s need to deliver its functions at arm’s length from the Department with being close enough to inform decisions on skills, policy and delivery. That is good practice for all new arm’s length bodies.

The Department for Education will undertake a review of Skills England. The review will take place about 18 to 24 months after it is fully established, and that will align with the requirements of any future Cabinet Office review programme. It will consider how far Skills England is delivering its functions in the way intended; whether its mix of functions is still aligned to Government priorities; and whether there are alternative ways to deliver the Government’s objectives, including a different model of arm’s length body.

Delay, however, is not an option. We need to respond urgently to critical issues in the skills system to drive growth and spread opportunity. To encourage this Committee, in the first set of apprenticeship statistics under the new Labour Government, we saw an increase in starts, participation and achievements compared with the same period under the Tories in 2023. We remain an ambitious Labour Government. We do not dither or delay, and we urgently need reform to deliver the skills and technical education that is needed. That is what the Bill and Skills England will enable us to do.

New clause 3 would create a duty on the Secretary of State to publish an annual report setting out Skills England’s activities in the preceding year. It would also require Skills England to have regard to matters such as the quality of training and education, and value for money when performing its duties.

Well-established requirements are already placed on executive agencies for a high level of transparency and accountability in how they operate. That includes the publication of a framework document which, as I have mentioned, is a core constitutional document. It will be agreed between the Department for Education and Skills England in accordance with HM Treasury’s handbook “Managing public money”. Once finalised, it will be published online and a copy deposited in both Houses.

The Secretary of State, and Skills England acting on their behalf, is already obliged under general public law to take into account all relevant matters when exercising their functions. Those relevant matters are likely to include the ones in new clause 3. While the Bill was scrutinised in the other place, as I have said, my right hon. Friend the Baroness Smith of Malvern, shared a draft copy of the Skills England framework document with peers. She committed to include references to the need for Skills England to deliver its functions efficiently and effectively, and to ensure that training is high quality and provides good value for money.

In response to the right hon. Member for East Hampshire on Ofqual, the letter concerning Ofqual has been sent to the Chair of the Committee, and also addresses other issues raised by the hon. Member for Harborough, Oadby and Wigston last Thursday.

I am happy to repeat the commitments that I have already mentioned, but finally, I would like to say there is precedent for non-departmental public bodies being closed and their functions being reassigned to newly formed executive bodies. For example, under the previous Government in 2011, the Standards and Testing Agency was established as an executive agency taking on functions from the Qualifications and Curriculum Development Agency, a non-departmental public body, which was later closed.

[Neil O’Brien]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 4

Report on the impact on T levels

“(1) Within one year of the passing of this Act, the Secretary of State must publish a report on the impact of this Act on T-Levels.

(2) The report under subsection (1) must include—

(a) the involvement of Skills England in the administration of T Levels, including the curriculum and assessment methods;

(b) an assessment of the independence of the accreditation of T-Levels, specifically whether there has been any involvement of the Secretary of State in this process; and

(c) an assessment of the extent to which T-Levels are meeting local demand for skills.

(3) The report under subsection (1) must be laid before both Houses of Parliament.”—(Neil O’Brien.)

Brought up, and read the First time.

--- Later in debate ---

[Neil O’Brien]

The Minister said that the letter has been sent to the Chair, but the Chair says that she has not seen it.

[Janet Daby]

The letter addressing the issues that the hon. Member for Harborough, Oadby and Wigston and the right hon. Member for East Hampshire have raised has been sent to Sir Christopher, your co-Chair, Ms Furniss, and I am sure it will be shared in due course.

[Neil O’Brien]

It is a shame, as this is the last day of this Bill Committee. I do not know whether the letter could be produced before we finish today, but otherwise, those questions will effectively go unanswered because they have not made their way to Committee members. But this was a minor point about the interaction with clause 8 and the decision to bring Ofqual in potentially for T-levels, so I will turn squarely to T-levels now.

I was encouraged by the positive words about T-levels in the curriculum review, but it is very difficult to get a new qualification going, never mind a whole new system, which is what T-levels were intended to be in their initiation by Lord Sainsbury. After the big long debate on BTecs, Ministers in the end decided to add T-levels into the existing alphabet soup of qualifications rather than use them to replace and rationalise that system, which was the original goal of Lord Sainsbury’s project. I should declare an interest in so far as I worked on T-levels back when they were still known as Sainsbury routes. None the less it would still, despite the Ministers’ decision, be possible for them to grow and become a leading part of the system, but that would require a huge push from Ministers. It is difficult to get a new qualification going, never mind a whole new system, and it is much more likely that in the absence of a big push from Ministers that they will stagnate as an interesting, well-regarded and quality niche, but ultimately a small part of the system, which was really not what was intended.

For several years, the DFE has provided a 10% uplift to the funding rates for T-levels as a new qualification, but a couple of weeks ago the Government implied that they would stop doing that this year. They have not made a decision, and providers are now desperate for certainty on that issue. I ask the Minister directly to respond to this: will the 10% uplift be continued or not after this academic year? The sector is now making decisions about this, and urgently needs certainty. The Minister keeps saying that she wants to move fast: the providers, and I am asking her to move fast to give them the certainty on what the funding rate will be, and whether the 10% will continue, because if not, my strong sense is that many providers will conclude that it is not really a priority any more, and not worth the investment of time and resources, which are significant to get these things going. I hope the Minister can address that point, and I give her a bit of notice: will the 10% continue or not—yes or no?

The Government are notionally in a one-year “pause” on the move to replace BTecs, which should give the Government time at least to make up their mind on how they see the future of T-levels. If they want to preserve the option to be ambitious for T-levels, however, they need to keep supporting them now. Those of us who worked on their development and who still support them are not blind to the challenges. Although drop-out rates fell sharply in the last year, they are still high. Even though T-levels are meant to be a demanding qualification, we want young people to get to the end of them.

Although the huge element of work experience is a key advantage and attraction of T-levels to learners, it is expensive and hard to deliver, particularly in a way that is slick and gives clarity to students up front, rather than gives stress. I do not say this every day, but Gordon Brown was right to press the Government to be more ambitious here—

--- Later in debate ---

[The Chair]

I am told by the Clerks that this is an unusual situation. I have to say at the moment that the letter refers to clauses that have previously been debated, so I will not be allowing a debate about it. That is for your information, which you could use on Report, if you chose, to raise the matter again. I do not want you not to have the opportunity to probe further. I call the Minister to respond.

[Janet Daby]

I thank the hon. Member for Harborough, Oadby and Wigston for tabling new clauses 4 and 5 and his discussion of them. New clause 4 would impose a duty on the Secretary of State to publish a report within one year of Royal Assent, setting out the impact of the Act on T-levels. Specifically, the report would have to include information on the administration and accreditation of T-levels, and whether T-levels were meeting local demand in schools.

T-levels are indeed an excellent technical qualification for students after GCSEs; I concur with the hon. Member on that. On his question about whether the 10% uplift will be continued after this academic year, we will confirm that position in due course, and I will write to him on that point.

Thousands of T-level students have already gone on to jobs, apprenticeships and further study related to the subjects of their T-levels, and we continue to support the qualification’s growth and uptake. Indeed, three new T-levels were launched in September 2024. A new T-level in marketing will be available from September, and we will continue to support providers to deliver and upscale their T-level offers. T-levels are designed by employers based on occupational standards, and Skills England will continue the work that IfATE has been doing to set and maintain the high-quality occupational standards on which T-levels are built. Curriculum content and assessment methods are set by awarding organisations in line with these standards.

The Bill already contains a duty for the Secretary to State to publish a report setting out which of the functions being transferred are to be undertaken by Skills England and the impact on technical education and apprenticeships. The report will provide information on T-levels, given that they are an important form of technical education qualification. Ofqual is an independent regulator for technical qualifications, and is the only body with the power to accredit the qualifications. Through the Bill, we are reintroducing the potential for Ofqual to apply its accreditation power to technical qualifications, when the Secretary of State considers it to be appropriate. That will reopen the door so that the full range of regulatory options is available for technical education qualifications. That will help to ensure their quality and enhance confidence in them.

[Damian Hinds]

Fortuitously, Ms Furniss, we do now have an opportunity to ask about something in the letter, which the Minister is going through now. I am struggling a bit with this thing about, “If the Secretary of State deems it appropriate.” That is not because I question that judgment, but because I do not really understand what the intent is. What does the Minister believe will be the practical change that comes about as a result? For example, is it about more new qualifications coming in? Is it changing the balance between T-levels and other TVET qualifications?

[Janet Daby]

My understanding is that there needs to be the option for Ofqual to decide whether to inspect certain technical qualifications and whether they should be accredited. That option needs to be available. At present, it has not been happening since 2002. We continue to support the growth and uptake of T-levels, in line with identifying skill needs in the economy. Skills England will gather and publish information about local skill needs. Skills England will also assess how far available provision, including T-levels, is meeting those needs.

I turn to new clause 5, which would impose a duty on the Secretary of State to publish, within one year of Royal Assent, a report on the impact of the Act on the higher education sector in England. Higher education providers play an essential role in meeting the nation’s skill needs and supporting the growth mission. Many of the jobs and sectors that drive economic growth rely on the skills delivered by higher education providers. It is therefore vital that Skills England works closely with and supports the higher education sector as it delivers each of its three key functions. Higher education providers have a deep understanding of local skill needs and growth opportunities. That provides a rich resource for Skills England to draw on, and it builds its authoritative assessment of skills needs in the economy.

[Neil O’Brien]

I am hugely encouraged by the Minister’s recognition of the importance of these higher degree-level apprenticeships to the higher education sector. Will she undertake to write to me setting out what the impact on universities of ending level 7 apprenticeships would be? I mean primarily the financial impact, but also the impact on numbers of students. The information available in the public domain is somewhat patchy, so it would be incredibly helpful to have that at either the point the Government make a decision on level 7 apprenticeships or—even better—before. Will she write to me, so that we are at least on the same page about what the impact on universities of changes to level 7 would be?

[Janet Daby]

I think the shadow Minister is well aware, having asked similar questions many times, that more information will be coming out from the Government.

Staying on level 7 apprenticeships, we are reforming apprenticeships, tilting the system towards young people in most need of developing skills and getting a foot on the career ladder. We are cutting through the red tape by removing the 12-month requirement, to support shorter-duration apprenticeships in key sectors. That flexibility will support apprentices in areas such as the creative industries, where training does not need to take 12 months and is currently putting barriers in the way of getting apprentices into key jobs. The Prime Minister also announced the development of new foundation apprenticeships, which will align to entry-level roles in key sectors and help to bridge the gap between employees, skills, staffing shortages and young people ready to begin their careers.