Skills and Post-16 Education Bill [HL]

Lord Storey Excerpts

Report stage
Thursday 21st October 2021 Lords Chamber

Moved by

[Lord Storey]

36: Before Clause 14, insert the following new Clause—
“Personal Education and Skills Account
(1) A Personal Education and Skills Account (“PESA”) is an account—(a) held by an eligible adult (an “account holder”); and(b) which satisfies the requirements of this section.(2) An eligible adult is a person who—(a) is aged 18 or over; and(b) is ordinarily resident in England.(3) A PESA may be held only with a person (an “account provider”) who has been approved by the Secretary of State in accordance with regulations.(4) The Secretary of State may by regulations establish a body to administer the operation of the PESA scheme.(5) In the case of each person who is eligible under subsection (2), the body established under subsection (4) must open a PESA for that person.(6) If a person does not wish to hold a PESA, they must inform the body under subsection (4) in writing in accordance with regulations.(7) The Secretary of State must pay into each PESA a deposit of £4,000 during the year in which each account holder attains the age of 25 and a deposit of £3,000 during the year in which each account holder attains—(a) the age of 40; and(b) the age of 55.(8) Further contributions may be made to a PESA by—(a) an account holder;(b) employers; or (c) any other person as may be prescribed by regulations by the Secretary of State.(9) At any time after an account holder has attained the age of 25, they may transfer funding from their PESA to an approved institution for their chosen education or training course.(10) For the purposes of subsection (9) an “approved institution” is—(a) a “relevant provider” under section 18;(b) such other education or training providers as may be approved by the Office for Students.(11) Prior to an account holder making an initial funding transfer, the National Careers Service must offer a careers guidance consultation to that account holder.”Member’s explanatory statement
This amendment provides for individual “skills wallets” which may be used by a person to pay for education and training courses throughout their lifetime. The Government will make a payment of £4,000 when an individual turns 25 and then two further payments of £3,000 when an individual turns 40 and 55.

[Lord Storey (LD)]

Amendment 36 provides for the introduction of personal education and skills accounts, commonly known as skills wallets. As stressed by many of your Lordships during the passage of the Bill, there is growing discontent about the way in which post-16 education and training are provided and the reality of the skills needed for our population.

We know that in future the average British worker will do several different jobs throughout their lifetime; almost half will retrain completely during the course of their career. Meanwhile, the number of adult learners has fallen dramatically, almost halving between 2004 and 2016. With technology advancing and the world of work always rapidly changing, skills learned at 18 or 21 will not last a lifetime. It has never been more important for people to continually develop new skills. Yet our higher education and student finance systems are still tailored mainly to people taking their first degree or beginning an apprenticeship around the age of 18. Meanwhile, there is a desperate shortage of funding in the FE sector. The current system limits the opportunities, and people do not get the chance to make the most of their talents. Do we not want to empower people to develop new skills, so that they can thrive in the technologies and industries that are key to Britain’s economic future? Championing flexible lifelong learning will give people the power to follow the path that best suits their ability. A skills wallet would be open to every adult over the age of 18 and resident in the UK.

I remind the House of the quite important words of the previous Secretary of State for Education when introducing the lifetime skills guarantee:

“What we are determined to do, and what we must do, is give people the opportunity to retrain and upskill, so that if one door closes, they will have the key to open others.”


He went on to say that the Government

“stand for empowering everyone in this country, wherever they live. We stand for the forgotten 50% who do not go to university.”

The measures that he wanted to see

“will embed greater flexibility in the technical and vocational system to support not just young people but adults who need to retrain and upskill at any point in their working lives.”—[Official Report, Commons, 1/10/20; col. 541.]

Those comments justify the need for this amendment. I beg to move.

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The Bill makes explicit provision for supporting the introduction of the lifelong loan entitlement. The funding of modules of courses will help create a more flexible system of provision across higher and further education. As I have said, much of this work is subject to the consultation on the lifelong loan entitlement, which we will be launching in due course. As such, I would hope that noble Lords will feel able not to move their amendments when they are called.

[Lord Storey (LD)]

I thank the Minister for all her comments. I beg leave to withdraw Amendment 36.

Amendment 36 withdrawn.

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Amendment 46 is also carefully drawn. It would require special needs awareness training that is relevant to students of ITT FE courses within an institution. It may be said that, in contrast to ITT provision for schoolteachers, the content, assessment and delivery of teacher training in FE is very different and that such a degree of prescription is inappropriate and much is already being done. In other areas, such as funding, governance, qualifications and many more, there is no such hesitation. In this particular field, the need for a strong lead from government and the investment it requires are, I think, fully recognised by Ministers, officials and the sector. I sincerely hope that the Government will be open to accepting these amendments.

[Lord Storey (LD)]

My Lords, these are really important amendments from my noble friend Lord Addington, and I hope that the Minister will take note. Again, I would ask her, “Why not?” It is hugely important that in our education system, whether it be in nursery or in university, we are able to identify where there are special needs requirements. Teachers and support staff need that training, because when they are able to identify, they can provide the support that is needed.

I remember as a young teacher going on a very simple course—dare I say it, it was like a couple-of-hours course—on being able to identify children who suffer from dyslexia, but it taught me that if you could identify children who were dyslexic you could then give them all sorts of support. For example, if you handed out worksheets that were in a certain colour—and please correct me if I am wrong—those children could prepare, understand and read in a better way. That is why the amendment is important.

One would hope that children with educational needs would be picked up at an early stage in our education system, but that is not to say that it always happens. It is a very simple amendment. It says that all teachers should have that simple, basic training, and let us hear why not, and that the support needs to be there.

The other amendment also says something that we have been saying for a long time; certainly, my noble friend Lord Addington has been doing so. Why not have this as a definite component in our teacher training that all teachers should be exposed to—that they should learn about identifying special educational needs? Whether they are trained on the intensive Teach First programme, doing a SCITT programme or doing a postgraduate education course, everybody should have a component involving being able to identify individual children who may have special educational needs and understanding their requirements.

I hope the Minister will respond positively.

[Baroness Wilcox of Newport (Lab)]

These amendments would place a duty on the Secretary of State to ensure that there is sufficient SEN training for teachers in further education so that there is support for students with special educational needs or disabilities that is of an equivalent standard to that for those with similar needs in higher education. The amendments would also ensure that there is sufficient SEN training for those involved in initial teacher training.

FE colleges, sixth-form colleges, 16-19 academies and independent specialist colleges approved under Section 41 of the Children and Families Act 2014 have specific statutory duties which include the duty to co-operate with the local authority on arrangements for children and young people with SEN, the duty to admit a young person if the institution is named in an education, health and care plan, and the duty to use their best endeavours to secure the special educational provision that the young person needs. These duties require extra training and support, which is key to their successful implementation. We fully support the amendments in the name of the noble Lord, Lord Addington. His specialist knowledge and understanding of this subject have identified clear gaps in the current provision that need to be plugged by these amendments to the Bill.

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I know that the Minister is acutely aware of these issues and look for reassurance that the Government are equally aware and, more importantly, committed to finding further new and creative ways to maximise incentives for those wishing to acquire new skills and take up high-quality, stable jobs and who currently rely on universal credit for all or the majority of their income.

[Lord Storey (LD)]

I will speak on Amendments 62 and 63, and thank the noble Lords, Lord Blunkett, Lord Aberdare and Lord Bird, for putting their names to them. I was taken by a comment in an earlier debate when the Minister used the phrase

“no matter where they live or their background”.—[Official Report, 19/7/21; col. 90.]

That phrase is quite key, and another phrase came in a Statement from the Commons Minister:

“Talent exists everywhere in this country. We have to ensure that we give it every opportunity to flourish, wherever people come from.”—[Official Report, Commons, 1/10/20; col. 541.]


But for people on universal credit, those fine sentiments and words do not ring true.

The right reverend Prelate was absolutely right that universal credit, as well as being a financial support, is a barrier to learning in many cases. He was also right to say that it is incredibly complex. One of the aims at the introduction of universal credit was to remove the 16-hour rule that applied with jobseeker’s allowance, where claimants would lose benefits if they worked or studied more than 16 hours a week. While universities no longer enforce this, time limits have not been discarded. Young people cannot normally claim universal credit if they are studying full-time, which is more than 12 hours. However, they might be able to if they meet certain criteria—for example, if they are responsible for a child, are disabled, are under 21, or are under a non-advanced education course and do not have parental support, for example if they are care leavers. These restrictions might incentivise some young people away from intensive study that would support their chosen career.

If a young person is already claiming universal credit, a decision will be made on whether they can continue to claim that finance while going on a course they have been referred to by a work coach. That seems bizarre. Full-time study is normally allowed where the course lasts a maximum of eight weeks. In April 2021, due to the pandemic, the Government announced that they would extend course length in some scenarios to 12 weeks and 16 weeks on the new skills boot camps for six months. Those receiving universal credit have obligations to prioritise job searches and take available jobs if they are able to, which restricts the opportunity for every unemployed person to receive financial support to study a college course with no impact on their benefit. So we need clarity on these issues. We need to ensure that, to use the Minister’s phrase, whoever you are and wherever you come from, you should be able to access learning.

If we look at Kickstart, again, universal credit is a barrier. We talk about Kickstart as being available for 16 year-olds, but you can apply to go on a Kickstart scheme only if you are receiving universal credit. Can the Minister explain the thinking behind that? Why are the Government advertising Kickstart for 16 year-olds when 16 year-olds are not entitled to universal credit and are therefore unable to go on a Kickstart scheme?

I now turn to the amendment on Kickstart. Kickstart has generally been perceived as a good scheme, with real possibilities to help young people, and I am delighted that the Government announced an extension of the programme—but there have been problems. I understand that any new scheme will have teething issues and will need to be embedded and sorted, but let us look at some of the problems that have existed. These are not my words; they come from employers.

First, they say “Actually, do you know what? We don’t just want a six-month scheme. If we’re really going to develop the career opportunities of those young people, it should be a 12-month experience.” In many cases, companies have not found the experience as easy as they thought it might be: they have found it, at times, very frustrating, waiting months for approval and then with a further delay for roles to go online on the system; referrals that are totally unsuitable for the job specification coming to their business, suggesting that the role-matching automation is deeply flawed; lack of support for any queries, with weeks to receive a reply, and never from the same person; payments incorrect; and late or no record of the young person, despite all the procedures being followed. Small firms—and this is perhaps why so few small businesses have got involved—do not have the resources or time to manage these processes. We need to get those issues right, because it is a good scheme that has the potential to really help the issue of youth unemployment.

I will make just one more statement. We talk about youth unemployment and give an overall figure of, I think, 12.4% now—but of course that is the headline figure. We should look deeper at the figures. For example, among black people aged 16 to 24, the figure was 41.6% unemployed.

So the message is: let people not be debarred from learning because they are on universal credit; and Kickstart is a good scheme—sort it out and let it continue. Be inventive about it: perhaps it could be linked to apprenticeships. The sky is the limit. We are talking about young people’s livelihoods and opportunities—so, Minister, go for it.

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I thank the noble Baroness, Lady Chisholm, and the Government for tabling this amendment. I hope that the House will support it—I certainly will.

[Lord Storey (LD)]

My Lords, I rise to speak on the issue of essay mills and contract cheating. I thank the Minister for tabling this amendment. There have been four Private Members’ Bills, three of them from me. The first time, I drew number 2, and then there was then a general election. I then drew number 50, which never got debated, and then I drew number 3—and we have the Private Member’s Bill up and running. I thank Chris Skidmore for putting one in the Commons as well.

More than 45 vice-chancellors and heads of UK higher education organisations wrote to the Secretary of State in 2018. The support and briefings of the Quality Assurance Agency for Higher Education have been fantastic. I also pay tribute to two professors who started this whole thing off before I got involved: Professor Newton and Professor Draper at Swansea University.

When I looked at a particular independent college in Greenwich and saw the effects of contract cheating and essay mills, I realised that this was a very serious problem that we faced not just in further education but in higher education and, increasingly, in schools as well, although this amendment does not deal with that. Some 15% of our students admit to using contract cheating services. Oxbridge Essays claims that it has produced, for cheating, 70,000 essays. This is not just about students being drawn into this situation—many of them are worried about their well-being, their mental state et cetera—it is also about the academic credibility of our higher education system. If we allowed this cancer to grow, it will affect our universities and colleges.

I pay tribute to the Minister’s legal team, which has nailed this properly. I showed the amendment to a number of people, and, as you can imagine, I got some quite important replies. They said that the proposed strict liability offence—whereby there is no need to prove intent—is really important because it means that essay mills will not be able to rely on disclaimers, although they do have a due diligence defence. Getting strict liability offences through Parliament is extremely rare, but it is absolutely critical to this offence having any impact.

I would also like in passing to congratulate the Minister’s press department or PR department. The Minister very kindly emailed me her intended amendment and it said, “Strictly embargoed for four days”. I thought after the third day I would tip off the Times Higher Education Supplement or FE Weekly so I might get a little bit of credit, and they said “Oh, we got it four days ago”. The Government obviously have an eye on publicity as well.

I thank the Government for this amendment. Students, vice-chancellors and universities up and down the country will be very grateful. This is not the end of it, in the sense that we have to make sure that we look at Wales and Scotland, because that is important, and we will at some stage need to look at secondary education as well. When the Minister winds up, will she consider saying that if breaches occur, we will look at how we can tighten up the situation? I am sure that these essay mills, which form a £1 billion industry, will be looking at ways around this, and we need to see whether we can find ways to stop breaches happening in future. I hope the House does not mind, but I am going to depart.

[Baroness Wolf of Dulwich (Non-Afl)]

My Lords, I, too, strongly welcome the amendments tabled in the names of the noble Baroness, Lady Barran, and the noble Lord, Lord Storey, which seek to address the pernicious effects of essay mills. I must declare an interest as an adviser on skills to the Prime Minister and as an academic employee of King’s College London. That is why I want to take this opportunity to say how important and welcome these amendments are. I pay particular tribute to the noble Lord, Lord Storey, who has been passionate and determined. Without his recognition that this is a major and serious issue which can be tackled, I am sure that these amendments would not have been tabled tonight.

There are a number of reasons why cheating has become a major problem for universities. It is partly to do with the pressure on people to get formal qualifications, the scale of universities and the temptation—you can do things you could not do before. There are two major sources of this. One is plagiarism, where we can fight software with software, and one is essay mills, where we cannot. I am quite sure that there will be a major improvement as a result of these measures: the firms will be unable to operate and students will take much more note of the risks attached to doing something illegal with these measures in place. The noble Lord, Lord Storey, has escaped, so I will send thanks in his direction. I say on behalf teaching academics all over the country that they will be extremely happy to see these amendments to the Bill, because it is almost impossible to know if somebody has used a commissioned essay.