Enterprise Bill [HL] Debate

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Lord Stevenson of Balmacara

Main Page: Lord Stevenson of Balmacara (Labour - Life peer)

Enterprise Bill [HL]

Lord Stevenson of Balmacara Excerpts
Tuesday 19th April 2016

(8 years, 6 months ago)

Lords Chamber
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Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe
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My Lords, the Government have brought forward these amendments to establish the new Institute for Apprenticeships. We have done a lot on apprenticeships, and the results are promising. On the apprentices side, 89% of apprentices said they are satisfied with their apprenticeship, and 82% of employers said they were satisfied with their programme. To build on this, and to deliver more world-class apprenticeships, we need to support employers in maintaining the quality of their apprenticeships.

A new and independent public body, the Institute for Apprenticeships, is being established to ensure the quality of apprenticeship standards across all sectors in England. Although the focus for its activities will be recommended by government annually, the institute will be free to determine its own processes and make autonomous decisions in relation to its functions, responding to employer and apprentice needs. Employer groups will continue to develop the content of standards and assessment plans. The institute will ensure that they are fit for purpose by scrutinising the standards and the plans. Sector and assessment experts, academics and others, will help the institute to carry out these functions. In addition, the institute will carry out some wider quality assurance functions, including making arrangements for evaluating the quality of the end-point assessment for apprenticeships. Our objective is to ensure, through the Institute for Apprenticeships, that quality remains at the heart of approved English apprenticeships, whether they are with the biggest international companies or in small craft businesses.

Amendments 14 and 15 clarify the information that public sector organisations subject to apprenticeships targets should provide to the Secretary of State to ensure consistency and clarity of reporting.

On Amendments 16 and 17, as noble Lords know, the current Finance Bill introduces the apprenticeship levy, which will fund a step change in apprenticeship numbers and quality and deliver on the commitment of 3 million apprenticeship starts by 2020. For employers to get the full benefit of the levy, we need to know what they have contributed. Data sharing between HMRC and the Secretary of State for BIS is the most effective way of doing this and the least burdensome for business. Amendment 16 will enable information held by HMRC on an employer’s levy due to be shared, so that the Government will be able to match apprenticeship funding in England to the levy payments made by each employer by creating individual employer digital accounts. Similar data-sharing powers are provided to devolved Administrations to manage their apprenticeship schemes. From April 2017, we intend to apply a 10% top-up to levy funds paid to employers’ digital accounts to spend on apprenticeship training in England. Levy-paying employers in England will therefore be able to get out more than they put in if they are committed to training apprentices—a very important principle. Amendment 17 is technical and uncontentious.

I commend these amendments to the House, and I beg to move.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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My Lords, the Minister said when she introduced the first set of amendments that the Bill was now in better shape than when it started. We can all agree with that, in particular with reference to apprenticeships. These amendments fill a lacuna in the area of apprenticeships, which we pointed out in Committee and on Report. Indeed, we tried very hard to get some movement from the Government on this but were rebuffed robustly, as is the noble Baroness’s way, albeit in a very gentle and appropriate manner. Therefore, it is all the more of a pleasure to see these amendments come back, which, in some senses, begin to address some of the big issues about what we need to do as a country to ensure that the apprenticeship route for vocational education is acknowledged, and made attractive to parents and the young people who might wish to take them, as has sadly been lacking for too many years.

However, there are some issues with the proposals, which I do not want in any sense to use to argue against them, but although we have some movement here there are still quite a lot of questions that have to be resolved. We will watch this with interest. I suspect—although I have no knowledge of this—that it might be something that your Lordships’ House may have to deal with as we go forward. For instance, the focus is rightly on trying to ensure that apprenticeships are of a high quality, but there is very little detail on what the new institute will do on that, and what it might not, at this stage, be appropriate to do. It has a good foundation with the people on it, but perhaps in its staffing it does not reach as far as it could towards issues that might give some reassurance that they are thinking about the quality levels. There is a problem about the age at which apprenticeships are offered. There are still too many people aged between 23 and 30 and not enough aged between 18 and 24. To what extent will the IFA have the tools to deal with that?

There is an assumption throughout a lot of people’s discussions and debate about apprenticeships that the focus will be on STEM subjects. In fact, I am sure the Minister will agree that there is just as much need to ensure that we have apprenticeships across the creative and other industries which supply so much of our national growth and which are being relied on to make sure that our economy is diversified—“STEAM”, not STEM, might be a better way of putting it. In case there is any doubt about that, the “A” stands for the arts and the creative industries.

These proposals do not deal with what is going to happen to our colleges. Many FE colleges are going through periodic and differential reviews and their future does not seem at all clear. They are obviously very nervous about how this will happen. Again, we would not seek to do this through the Bill, but we need more clarity about what the infrastructure that will receive the ministrations of the IFA will be able to do.

Finally, the question of the vocational education and the sort of provision that is required to provide an interlacing approach for children leaving school and going on to higher and further education is not yet fully mapped out, although I am sure that the aspirations are there. We will need to spend more time on that—perhaps when the White Paper turns into a higher education Bill we will have that opportunity. However, at the bottom of all that there is a really difficult problem about productivity. The test will be, at the end of the day, whether the IFA has anything to offer us in terms of improving productivity in this country, which is sadly lagging behind our competitors. If it does, all power to it; if it does not, we may have to revisit it; but in the interim it is an exciting development, we wish it well and we welcome these clauses.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe
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My Lords, I thank the noble Lord for his comments and for his help in filling the lacuna that he identified. I share his wish to see apprenticeships as a really attractive option for school leavers. We will be making more information available on funding and on the detail of how the new arrangements will work from next year. I hope that this will answer the noble Lord’s outstanding questions. He makes a good point about what we do for the younger apprentices and how that fits in with the older ones. I agree that while we need a focus on STEM we actually need apprenticeships right across the board and that the creative and digital industries are an incredibly important area. My friend in the other place, Ed Vaizey, slaves and steams day and night trying to ensure that that aspect is grabbed right across Whitehall.

What I like about the Bill is that it builds on earlier legislation to ensure that apprenticeships are real jobs with substantial and sustained training. The reforms are making apprenticeships more rigorous already and will ultimately help people to realise their potential. It will allow them to have a portfolio, so that they can move jobs if that is what they want to do. We are committed to ensuring that all apprenticeships are of high quality and this has been central to our reforms, as the House knows. High-quality apprenticeships are essential to support our employers and to help our economy prosper in the years to come. I believe that these additions to the Bill improve it and I trust that the House is happy to welcome these amendments.

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These amendments essentially make four changes. First, they reduce the notice period for shop workers at large shops to opt out of Sunday working altogether, from three months to one month. Secondly, they create a new right for shop workers to opt out of working additional Sunday hours, again subject to one month’s notice at large shops and three months at smaller shops. Thirdly, they update the obligation on employers to notify shop workers of these rights. This includes a duty to notify existing as well as new shop workers. Lastly, they strengthen the consequences for employers who fail to comply with the notification requirements. Under these measures, as well as having stronger opt-out rights, shop workers will be clearer about what those rights are, how to exercise them and what to do if they suffer retribution. I beg to move.
Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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My Lords, when it was first introduced, this Bill was described as a Christmas tree Bill, as have a number of Bills from the Minister’s department. Therefore, it is a particular pleasure to receive a Christmas present at the end of the process in the form of a wholly unlooked for, but none the less very welcome, strengthening of the powers that now apply to people who have to work within the existing legislation on Sundays.

I am not sufficiently expert in Whitehall matters to know how long it would have been until an appropriate Bill came round and these very important issues would have been taken on their merits. Of course, as the noble Baroness said—she did not give us the gory detail—there was a bit of a circuit round Whitehall to find, first, a Bill that would take the devolution proposals and then a Minister willing to put the proposals into a Bill. Indeed, I seem to remember the noble Baroness saying at a meeting, perhaps informally, that the last thing she wanted to see in her Bill was a measure involving Sunday trading. She has had to concede a very important set of small paragraphs which will help people who currently work on Sunday, and we are delighted to have them.

This should go down as one of those case studies that appear in books describing how awful Whitehall can be sometimes, because at the meetings I went to we could never work out what the Government were trying to do. Was this about tourism or an attempt to defeat the incursion of internet shopping into our high streets? Was it to promote high streets? Was it to make sure that smaller shops in smaller towns were supported? It never really got sorted out. As one of the participants at the meetings, the right reverend Prelate pointed out that at the end of the day, unless you sorted this out in a holistic way, involving the staff from the beginning, it simply would not happen —and it did not. With that ringing in our ears, we welcome this proposal and look forward to its early implementation.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, before we leave this group of amendments, I echo something that the noble Lord, Lord Stevenson, said a moment or two ago about the importance of protecting workers’ rights. I was involved in the original legislation when it was enacted and spoke in another place about protecting workers who wanted to opt out of having to work on Sundays, and I moved amendments that excluded Christmas Day and Easter Day—two of the very few amendments that were successful at that time.

To some extent, these amendments merely tinker with the protections provided previously. A lot of evidence has been gathered in the years since the enactment of the original legislation which indicates that those protections need strengthening further. I simply refer the Minister to what one of her predecessors —the noble Lord, Lord Sassoon—promised Parliament back in 2012, on 24 April, when he spoke at the Second Reading of the Sunday Trading (London Olympic and Paralympic Games) Bill. He said that Parliament would have the opportunity fully to debate the issue of Sunday trading restrictions if the issue were revisited. I simply ask the Minister why it therefore required the intervention of notable Members of Parliament such as Mr David Burrowes and the redoubtable Fiona Bruce, who worked across the divide to defeat the Government’s proposals, to prevent something being stampeded through without proper parliamentary scrutiny. Why was the promise given to the House in 2012 not honoured? Why did we not have a debate about this when it was in your Lordships’ House in the first instance, before it went to another place? Perhaps the Minister will shed light on that.

The Minister will know that there were some 7,000 responses to the consultation process the Government initiated. It would be a great breach of trust in the future—at a time when trust is not held in very high esteem by many people when looking at Parliament and politics—if we were both to ignore the responses to the consultation process and circumvent the promises Ministers have previously given. If any further changes are intended, will there be the opportunity for full parliamentary scrutiny? Can we please not use such methods, which, in the end, it took members of the Minister’s own party in the House of Commons to prevent the Government from proceeding with in a very high-handed way?