Technical and Further Education Bill

Debate between Lord Watson of Invergowrie and Lord Lucas

Report stage (Hansard): House of Lords
Monday 27th March 2017 Lords Chamber

[Lord Watson of Invergowrie]

My Lords, I thank my noble friend Lord Young of Norwood Green for submitting these amendments. I have added my name to Amendment 4. I do not think there is a great deal to add to what he has said, but some of this impacts on the arguments that I advanced on the previous group of amendments. It is about accessibility of information and careers advice on apprenticeships. It is also about the institute being seen as an open and accessible organisation. I think we all agree that we want it to meet its aims and to do so as successfully and quickly as possible. Asking it to provide information and to report to Parliament is not radical; it is about building the sort of confidence that I referred to on the previous group of amendments.

Monitoring how many small and medium-sized enterprises employ apprentices is also important because those employers will be key to the Government reaching their target of 3 million starts by 2020. Quite possibly this will be included in the list of categories mentioned by the Minister in his response to me on the last group of amendments, and perhaps he could say something about that in his reply. To some extent, SMEs have been the elephant in the room: they have not been referred to in our consideration of the Bill to anything like the extent they should have. They will play a very important part in apprenticeships—in small numbers, inevitably, and company by company—but overall they will make an important contribution.

I agree it is important that not just the number of apprenticeship starts but, as my noble friend Lord Young said, the number of employers taking on apprentices are listed. If those figures are not collected, how can the network being established by the institute be measured? The kind of information that I refer to will surely be collected, so I ask the Minister: why would the institute not make it publicly available and do so willingly?

I would like to add to what my noble friend Lord Young said by mentioning the apprentice contract and, to some extent, its status. He talked about complaints and the need for a helpline when apprentices need to pass on their concern about the quality of the apprenticeship being offered. There is no regulator in this sector and I ask the Minister whether the apprenticeship contract will be subject to the Consumer Rights Act 2015. The contract will be fully entered into by both parties, and that Act will play a part in the higher education sector as a result of the Bill before your Lordships’ House. A preliminary investigation led to universities being required for the first time to produce information on the cost of courses and so on, and that would be helpful. If the Minister cannot reply immediately, I shall be quite happy to receive a letter on the status of the apprentice contract and whether it will be subject to the Consumer Rights Act 2015.

[Lord Lucas]

My Lords, I would certainly like an apprentice who is having a hard time getting what they want or a proper education, particularly in an SME, to be able to communicate that, and unless there is an established route for them to do so, as described in the amendment of the noble Lord, Lord Young of Norwood Green, it will be very difficult to ask someone to invent one. There needs to be someone the apprentice can talk to first; otherwise, it will be just too difficult and we will never get to know the quality of the apprenticeship. Anything that became a regular reporting mechanism might well take up a lot of time but not produce any good. However, something should be in place so that, when things are really going wrong, the person at the wrong end of that can have a voice. It seems to me that that is worth including.

Technical and Further Education Bill

Debate between Lord Watson of Invergowrie and Lord Lucas

Committee: 2nd sitting (Hansard): House of Lords
Monday 27th February 2017 Grand Committee

[Lord Watson of Invergowrie]

My Lords, I have added my name to this amendment, and the Labour Benches support the remarks made by the noble Baroness, Lady Garden of Frognal. She has a great deal of experience in the field of technical qualifications, so I have little meaningful to add. In earlier debates on the Bill, I have said that I hope to see a situation develop which leads to a small and relatively focused group of technical education qualifications. GCSEs and A-levels are instantly and universally recognised and accepted; I want to see something similar for technical education certificates. The current plethora of qualifications means that too few are understood, far less valued, and that diminishes the hard work that young people put into gaining them. How dispiriting it must be to emerge successfully from the end-point assessment only to find that the qualification gained is not widely recognised or transferrable to other employers.

Allowing the use of the DfE logo and consistent wording would standardise the technical education certificates issued, make it clear that they are overseen by the Department for Education and thus have a value transferrable throughout England. That measure is long overdue.

[Lord Lucas]

My Lords, I will speak to Amendment 32. I am trying to follow up on Second Reading and make a couple of suggestions to the Government which I hope are helpful.

First, if they have got this system of issuing certificates, they should make sure that, at the same time, they get the ability to communicate with apprentices. If I were in government, I would use this as a means of making sure that quality was being delivered, by sending questionnaires out to apprentices as a means of improving the quality of apprenticeships by asking what needed to be done better, particularly by asking them a couple of years after their apprenticeship what, with the benefit of experience, might have been improved. I would also use it as a way of getting information with which to celebrate the schools that apprentices went to. Schools pay far too little attention to the apprentices they have educated, mostly because they do not know anything about them. With university it is there; it is easy; it happens immediately. Apprenticeship information is not gathered in the same way; it is not celebrated by schools or made available to them. There are lots of things that the Government could do on the back of having the ability to communicate and I encourage them to give themselves that.

Secondly—I am echoing what is being said in Amendment 31—let us give these young people something really worth having, something to which they can put their name. The point of GCSEs and A-levels is that they are recognised. If we are taking away the plethora of sometimes well-valued names that attach themselves to technical qualifications, let us create a name and be able to give young people some letters to put after their name, such as BA—I do not actually know what these letters should be, but they should be something that say that the young person has done this and have got the right to this. I am not a wordsmith to create this, but once they are not an apprentice they are nothing—they are a former apprentice; it is like being a former priest, something suspicious. We should give them something that celebrates what they have achieved, in the same way that we do for people who have followed the academic path.

--- Later in debate ---

[Lord Lucas]

Will the DfE be able to access this data, for instance to try to understand what history at school leads to what sort of performance in technical qualifications and apprenticeships?

[Lord Watson of Invergowrie]

My Lords, I welcome these amendments and want to say just a brief word about them, and in particular about Amendment 33.

On Report in another place Labour raised the issue of introducing the Quality Assurance Agency as a body to whom the institute can communicate information. The Minister, Mr Halfon, resisted at that time, saying that it depended on developments in the Higher Education and Research Bill. That Bill is still under way, but things have clearly moved on and the Minister has had second thoughts because we are pleased to hear that the Government now want to empower the institute to exchange information with all bodies with which it might need to do business, apparently without worrying about data protection legislation.

I would like one point of clarification on that. The amendment to Schedule 1 refers to “a relevant person” —we understand that a “person” is an organisation—and lists Ofqual, the OfS and Ofsted and then “a prescribed person”. The Quality Assurance Agency would be a prescribed person. When the Minister replies, will he specify the difference between somebody who is “relevant” and somebody who is “prescribed”? Presumably a prescribed person is not irrelevant but is not relevant.

The Minister and his colleagues are adopting the Opposition’s wider view of the role of the institute. Will he say which persons or bodies he and his colleagues have in mind to add, apart from the QAA, to which he referred? An obvious one is local government which can provide a bridge between school education and the world of work. Local government still retains various statutory duties for 16 to 18 year-olds, including duties under the Education Act 1996 in respect of ensuring education and training for persons over compulsory school age and of encouraging employers to participate in the provision of education and training for young people. The Minister may be aware that local authorities have duties in respect of young people with special educational needs and disabilities for whom the local authority maintains an education, health and care plan and for care leavers up to the age of 25. I should have said the Minister will be aware; it is a bit unfair to say he may be.

I also note that government Amendments 48 to 54, which we shall consider on Wednesday, make the local authority director of children’s services a person who must be informed about the insolvency of an FE college because, according to the Government’s explanation, such colleges will be educating care leavers, and the local authority needs to know to ensure that the local authority–appointed personal advisers to the care leavers know of the insolvency.

There are numerous reasons for local government to be involved. Perhaps the Minister will make a statement—I will be perfectly happy for it to be on Wednesday—about the anticipated roles of the local authority and the institute and how they will interact.

Higher Education and Research Bill

Debate between Lord Watson of Invergowrie and Lord Lucas

Committee: 6th sitting (Hansard): House of Lords
Wednesday 25th January 2017 Lords Chamber

[Lord Lucas]

My Lords, I am grateful to my noble friend for his reply on Amendment 371, but I think he rather missed the point. In respect of school data, the Department for Education already publishes extensive information, under the heading of performance tables, as open data. The level of information has grown substantially over the years and is free for anyone to reuse, as is the database on schools, EduBase. I am very sorry to say, as the proprietor of the Good Schools Guide, that this has resulted in the emergence of a lot of competitors, which is thoroughly tiresome. While it would be convenient for me if the Government did not do it, it is very good for the economy and for students and pupils that they have, and it is the pattern I would like them to pursue with regard to university data.

The Department for Education also makes available the National Pupil Database, which is confidential, at various levels. The whole database is available to the “very serious” level of researchers, but anonymised information is also available at pupil level, which is immensely useful for understanding how schools are operating and how various examinations and other aspects of the school system are working. That is a precedent for really good practice that is, now, contained within the same department that will look after university data.

The practice for university data is different. It is either held by UCAS, in which case it is effectively not available to anybody, or by HESA. In the latter case, there is a long application process to determine whether it will let the data out because nothing is standardised and you have to ask permission from individual institutions. It then charges a hefty fee. This is a comfortable situation for me, as a user of HESA data, because it means I do not get a lot of competition, but it is not the way the market should be. The market should be open. The only reason that the use of the data is charged for is that HESA wants to make money out of it. If it is given the power to charge institutions then it is in the interests of the economy and the country that it makes it freely available whenever it can. It is much better for the country that HESA should make a little bit of money by making it available in a more restricted way and for a large fee, or a substantial fee—not an unreasonable fee; HESA is a good organisation. We should go open. The Government, as a whole, have made a lot of progress in making much bigger collections of data open, when they were formally charged for. There has been a lot of benefit from that. That is the practice we should follow with the university data.

[Lord Watson of Invergowrie]

My Lords, this has been a livelier group of amendments than had been anticipated. Gratitude is due to the noble Baroness, Lady Wolf, for exciting some controversy. It is a surprise that the shortest amendment to the entire Bill—it is just two letters—led to so much impassioned debate.

The Minister is treading on rather boggy ground if he feels that his legal people will be able to counter the argument of the noble and learned Lord, Lord Mackay, about the precedent for statutory bodies. The Minister has developed the practice of writing letters to us in Committee. I suggest to the noble and learned Lord, Lord Mackay, that he might write to the Minister on this particular point and perhaps assist in clarifying the position and getting the Minister to think again.

I liked the noble and learned Lord’s point about spotting a reference to an employee in the Bill. He was, of course, referring to a part that we will consider on Monday, but that it took his legal eagle eye to detect it underlines my point about staff being notable by their absence from the Bill, and hence, I would suggest, being undervalued. I take on board what the Minister said about it being expected that the OfS will consult staff. Experience tells us that expecting organisations or employers to do something on behalf of their staff often leads to disappointment, and that is why I believe it should have been a bit more explicit in the Bill. I suspect, however, that his comments today may well be quoted by a number of staff and their representative organisations in future. There is another question, which perhaps he could answer in one of his famous letters, which is: what recourse would be open to staff if it was shown that the OfS was not considering their views, as I suggested in my amendment?

Other noble Lords spoke about financial issues, which I think remain as they were prior to the debate, but it has been both enjoyable and interesting. On that basis, I beg leave to withdraw my amendment.

Higher Education and Research Bill

Debate between Lord Watson of Invergowrie and Lord Lucas

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, to pick up on the recently finished speech of the noble Baroness, Lady Wolf, I thoroughly agree with the three main points she made. First, producing a mixed indicator, as the Government propose, would not be useful to students or others looking at the quality of a university or a course. It would be like composing a meal out of mincemeat, cornflakes and cleaning fluid. Each of those things is useful in its own right, but mix them together and they have no function. Keep them separate, as the noble Baroness advocated, and you get some very useful data on which students can judge in their own terms the quality of a university.

Secondly, let these things be criterion-referenced. We have a real problem at the moment in GCSE—we are saying that every child should get English and Maths, but we are making that impossible, because we make these exams harder as students do better. About 30% are required to fail in order to meet the requirements of Ofqual. We have to be careful about this when we are looking at a bronze, silver or gold indicator. If we do not make these indicators criterion-referenced, we are saying that, whatever happens— however well our universities do—we will always call 20% of them bronze. In other words, we will put them into an international students’ “avoid at all costs” category. That seems a really harmful thing to do. If these criteria mean anything —if there is a meaning to any of the elements going into the TEF—we should be able to say, “We want you to hit 60%.” Why not? Why do the criteria have to be relative? They do not mean anything as relative criteria. They must have absolute meanings and they must be absolute targets.

Thirdly, this really adds up. The noble Lord, Lord Liddle, made it clear that gold, silver and bronze indicators—this big step change between the three grades —are not suited to a collection of imprecise measures. You do not know whether an institution that you have placed towards the bottom of silver is actually bronze or, worse, whether something in bronze is actually in the middle of silver. It is not that exact. You have to do what the Government do elsewhere in education statistics—for example, in value added on schools—which is, yes, to publish a value, but publish a margin of error too. That way, people get to learn that you might be saying: “This is actually 957 on your scale of 1,000, but the error margin is somewhere between 900 and 1,010.” You get used to the imprecision, to understand that this is not precise, so you can put a proper value on the information you are being given.

[Lord Watson of Invergowrie (Lab)]

My Lords, I am speaking to the proposal, in the name of my noble friend Lord Stevenson, that Clause 25 should not stand part of the Bill.

That clause refers to the Office for Students taking over HEFCE’s current administrative responsibilities to deliver the TEF on behalf of the Secretary of State. I say in passing how disappointed I am that so many in your Lordships’ House, whom I thought would come to hear this debate on TEF metrics, have now departed. Perhaps that was not the reason they were here after all. Those of us who are ploughing through the Bill until all hours of the night realise that this is an important topic. The fact that we have had so many speakers on it is a clear reflection of that.

As the Minister will be aware, there is widespread concern across the sector at the use of proxy metrics, including statistics on graduate earnings, in an exercise that was supposed to be about teaching quality. On the face of it, there is some logic to the metrics. It is difficult to imagine an excellent course, the teaching, support and assessment for which the students think are rubbish, and that a large proportion of the students do not complete; or that hardly anyone who completes it manages to find employment or get a place on a postgraduate course.

Where metrics are used, they have to be much more securely evidence-based than those suggested. Last week in Committee, our Amendments 196 and 198 would have obliged the Office for Students to assess the evidence that any proposed metric for assessing teaching quality is actually correlated to teaching quality, and ensured that, prior to making that assessment, the OfS consulted those who know first-hand what is needed to measure teaching quality: academic staff and students. The Minister did not comment on that point, so it remains one on which I should like to hear his opinion. The importance of ensuring the statistics used are reliable and evidence-based cannot be overstated. They must earn and retain the confidence of the higher education sector—and that involves academics, students and administrators.

In her Amendment 201, the noble Baroness, Lady Wolf, seeks to ensure the quality of the statistics used by the OfS, and this should be a basic requirement. I support my noble friend Lord Lipsey in questioning the validity and value of the National Student Survey. The survey merely asks students about their perceptions of teaching at their institution. By definition, these perceptions are subjective and cannot involve comparing institutions. I heard what the noble Lord, Lord Willetts, said, when he suggested that similar institutions could be compared in terms of their ethnic make-up and students’ economic background. That kind of benchmarking sounds improbable at best because, even if suitable comparators could be found, the question is, how would the outcome be weighted?

It sounds as though gold, silver and bronze categories would be created before the metrics had even been measured. As I said, that sounds improbable to me, and I agree with the noble Baroness, Lady Wolf, that benchmarking is surely not the answer. Linking institutions’ reputations to student satisfaction is likely to encourage academics to mark more generously and, perhaps, even avoid designing difficult, more challenging courses.

With academics increasingly held accountable for students’ learning outcomes, students’ sense of responsibility for their own learning—something I thought was a core aspect of higher education—will surely diminish. We are now entering an era where students dissatisfied with their grades can sue their universities. Improbable as that sounds, only last week the High Court ruled that Oxford University had a case to answer, in response to a former student who alleged that what he termed “boring” and “appallingly bad” teaching cost him a first-class degree and the opportunity of higher earnings.

This may be the shape of things to come. Last year, nearly 2,000 complaints were made by students to the higher education Ombudsman, often concerning contested degree results. Nearly a quarter were upheld, which led to universities being ordered to pay almost £500,000 in compensation. Does anyone seriously believe that the introduction of the TEF metrics will lead to a reduction in such complaints?

Metrics used to form university rankings are likely to reveal more about the history and prestige of those institutions than the quality of teaching that students experience there. The Office for National Statistics report, on the basis of which the TEF is being taken forward, made it clear that they were told which metrics to evaluate, leading to the conclusion that these metrics were selected simply because the data were available to produce them. It is widely acknowledged that students’ experience in their first year is key in shaping what they gain from their time at university, yet the focus of the proposed metrics, of course, is mainly on students’ experiences in their final year and after graduation.

The ONS report was clear that the differences between institutions’ scores on the metrics tend to be narrow and not significant. So the majority of the judgment about who is designated gold, silver or bronze will actually be based on the additional evidence provided by institutions. In other words, an exercise that is supposedly metrics-driven will in fact be decided largely by the TEF panels, which is, by any other description, peer review.

Although the Minister spoke last week about how the TEF would develop to measure performance at departmental level, the ONS report suggested that the data underpinning the metrics would not be robust enough to support a future subject-level TEF. Perhaps the Minister can clarify why he believes that this will not be the case—the quality of courses in a single university tend to be as variable as the quality of courses between institutions. As I said in Committee last week, this would also mean that students’ fees were not directly related to the quality of the course they were studying. A student at a university rated gold or silver would be asked to pay an enhanced tuition fee, even if their course at that university was actually below standard—a fact that was disguised in the institution’s overall rating.

Learning gain—or value added—has been suggested as an alternative, perhaps better, measure of teaching quality and is being explored in other countries. At a basic level, this measure looks at the relationship between the qualifications and skills level a student has when starting their degree programme, compared to when they finish—in other words, a proper, reliable means of assessing what someone has gained from their course of study.

The BIS Select Committee report on the TEF metrics published last year recommended that priority should be given to the establishment of potentially viable metrics relating to learning gain. I hope the Minister will have something positive to say on that today, or, failing that, on Report. We do not believe that the metrics as currently proposed are fit for purpose; more importantly, nor do many of those within the sector who will be directly involved with the TEF. That should be a matter of some concern for the Minister, for his colleague the Minister for Universities and Science, and indeed for the Government as a whole.

Higher Education and Research Bill

Debate between Lord Watson of Invergowrie and Lord Lucas

Committee: 4th sitting (Hansard): House of Lords
Wednesday 18th January 2017 Lords Chamber

[Lord Lucas]

My Lords, my noble friend made a statement of the Government’s policy regarding overseas students which was fuller and stronger than I have heard from anyone else—on which I congratulate him. Can he confirm therefore—it would be consistent with what he said—that the Home Secretary has now taken a step back from the remarks she made in her speech to the Conservative Party conference, and in particular the ones that implied she would reduce the number of students by refusing lower-quality courses, as she described them, the right to take overseas students?

On gold, silver and bronze, my noble friend is somewhat confused as to the effect of these things. As the noble Lord, Lord Desai, and others pointed out, bronze is only valuable because so many people get worse. Under the old Ofsted rating system of outstanding, good and satisfactory, it was quite clear that “satisfactory” meant “avoid at all costs”. It was the lowest rating you could get above absolute disaster. That is the way it was perceived.

Although we in this country may manage to give things time, see them in perspective and understand why it is worth sending our children to a bronze institution, it would be extremely hard for agents overseas to do so. We will be competing with other countries which will not hesitate to ask, “Why are you thinking of sending this child to a bronze institution when we in Canada”—or Australia or wherever else—“can offer them a top-quality institution doing the same course in the same subject?”. It would be really damaging.

It is also unnecessary, because it is not valuable information for a student. It is the Government’s conclusion, but what is important is the students’ and their advisers’ conclusion. The way in which the Government choose to balance particular elements of their assessment of quality do not bear on the decision that an individual student may take. That must be a matter for individual decision. We should publish the information—absolutely—but not some arbitrary percentage. Someone in the Civil Service or in some committee may decide that only 20% of our universities are excellent. At least with Ofsted there are criteria that can be relied on. This will be damaging and will hurt one of our great industries. It is not based on anything useful or on fact, but it will be treated as if it is.

[Lord Watson of Invergowrie]

My Lords, the noble Lord, Lord Lucas, mentioned, as have many other noble Lords, gold, silver and bronze. At last year’s Olympic Games an event at which many British athletes and Paralympic athletes won medals was swimming—we won many gold medals, many silver and many bronze. The Minister must be in line for a gold medal at swimming because he has been facing a torrent against him throughout the debate. He has been swimming manfully but has not made very much progress.

By my calculation, some 13 noble Lords have spoken in the last hour and 52 minutes. Of those, all were in favour of improving teaching quality, as you might expect, and of having a teaching excellence framework in some form. As all noble Lords have said, we welcome the role of Chris Husbands in developing it. However, with the exception of the noble Lord, Lord Willetts, we all believe that it cannot be delivered in the form that is proposed—and even the noble Lord, Lord Willetts, could muster no more enthusiasm for the TEF than to say that the current metrics are not as bad as claimed. That qualifies as faint praise.

Many noble Lords also spoke against the link between teaching quality and fees in principle, and more spoke in favour of rating on a basis other than the gold, silver and bronze. The noble Lord, Lord Lucas, quoted someone in Canada, looking at British institutions and spotting a bronze and thinking, “Why would I advise my son or daughter to go there rather than an institution in Canada because it is only a bronze?” The point is that the bronze institution in the UK could well be better than the institution in Canada, but the perception will not be that. Perception consistently outranks fact, and that is the big danger in the three-tier system being advanced by the Government.

I wish to make a serious point about two of the contributions in the debate—those of the noble Baroness, Lady Deech, and my noble friend Lady Warwick. Both highlighted and made powerful points on social mobility and the effects that the Government’s proposals not only could but almost certainly will have. I quoted Cambridge University in my opening remarks; that has the same fear. The Government claim to be committed to improving social mobility although some of us are unconvinced. That view is reinforced by the fact that the Minister, very disappointingly, failed even to mention social mobility in his reply. In his own terminology, he needs to reflect on that matter before Report.

In his response, the Minister referred to linking fees to quality of teaching but did not say how that would be achieved. That is the main reason for noble Lords’ opposition to the link. My noble friend Lady Cohen said that objectivity is the key here. That is what is required, and it is a quality that is lacking in the metrics as they stand at the moment.

The problem of rating on the basis of institutions has also been highlighted. The Minister said that, at the moment, the Bill allows for the scheme to be developed at institutional level and then at departmental level at some point in the future. The question mark is how. If the ratings are to be made on a departmental or faculty basis, how can you avoid, ultimately, differential fees being charged within institutions if the Government truly believe in that link? That certainly is not a road we would wish to go down. The bottom line here is that the Government need to build confidence within the sector that the path they are going down is one that will improve the sector’s quality and sustainability, particularly with so many new operators arriving.

My noble friend Lord Desai asked whether anyone would fail the exam. The Minister could not bring himself to admit it, but unless he believes that all institutions will be capable of being rated gold, the answer can only be yes. That is why our Amendment 195 recognised that fact and advocated a simple pass/fail rating. That way, every institution knows where it stands—as does everyone outside it when making their decisions. That is something that those looking at a course at a university have the right to have available when they make their choice.

I suggest that the Minister will need to come to terms with the fact he is not carrying noble Lords with him. I suggest he will need to change his position substantially before we come back to this matter, which we undoubtedly will when we next discuss it on Report. On the basis of an invigorating and very useful debate, I beg leave to withdraw my amendment.

Coasting Schools (England) Regulations 2016

Debate between Lord Watson of Invergowrie and Lord Lucas

Monday 12th December 2016 Grand Committee

[Lord Lucas (Con)]

My Lords I welcome these regulations; this is a very constructive approach to picking up on schools that are not doing as well as they should be. I am pretty happy with key stage 2. At the end of it, we have a criteria-referenced examination; we have set the bar at 85%, which is none too high and, as a result, I think we are going to pick up a number of schools that need help that we might otherwise have missed. I hope, though, that the Government will make some further progress on key stage 4.

First, we still have the problem that the GCSE has become a norm-referenced exam involving the use of comparable outcomes. It is assumed to be impossible for the secondary school system to produce improved outcomes year on year above the level of the increase, if any, in key stage 2 results. That really says that all we expect of secondary education is that it does just as well as it has ever done, and that there is no inherent improvement taking place. I know the Government are experimenting—or perhaps still thinking of experimenting—with national reference tests, but I would be very grateful if my noble friend told me where we are getting with those. Otherwise, we face a serious difficulty, because key stage 4 is still producing examinations that pupils need to carry on into life afterwards. If we are effectively limiting the percentage of pupils who can achieve a pass grade in these exams, we are doing our people a great disservice over the longer term; it may be all right for now, but it is certainly not all right for the future.

Secondly, I am disappointed that the Government have chosen to set the bar so low for selective schools. There are coasting selective schools, but at the level the bar is set, I really do not see that we are going to catch them. I very much hope that the Government will keep this matter under review, and that when enough time has passed and we have seen the first year of this system in operation, having looked at it and made judgments on it as a whole, the Government will find some way of reporting to us or to the public on how it has gone, enabling us to have a conversation about how it could go better.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for introducing these regulations and talking us through some of the mechanics involved.

A year ago, during your Lordships’ consideration of what is now the Education and Adoption Act 2016, the Department for Education undertook public consultation on the proposed definition of coasting schools. It received more than 300 responses. The department claimed,

“wide support for the use of progress measures as the basis of the coasting definition”.

I noted what the Minister said about the consultation, and I understand why he said it, but it is a fact that only 25% agreed that the principles underlying the definition of coasting were correct. The Secondary Legislation Scrutiny Committee was fairly clear in its criticism of that spin, asserting that,

“the claim made in Explanatory Memorandum of ‘wide support’, does not accurately represent the views put to the Department”.

That, to some significant extent, highlights the rather flimsy foundations on which these regulations sit. I shall have more to say about the committee’s report in due course.

Identifying and supporting coasting schools was not an initiative of this Government, nor indeed of the previous one; it was of course a Labour government policy, introduced in 2007. At that time, it was based on a school’s performance in tests and examinations but it also involved a professional assessment by Ofsted and discussions with the identifying schools about improving performance. By contrast, the present Government’s “coasting school” concept is based solely on a calculating-machine approach to school improvement and does not use professional judgments.

Perhaps the major difficulty in identifying coasting schools using performance data alone is that not all pupils make the same rate of progress as judged against the former national curriculum levels. Those from lower starting points, who are often from disadvantaged backgrounds, tend to make slower progress than those from higher starting points, who are often from more advantaged backgrounds. Rates of progress in schools with a higher proportion of lower-achieving pupils tend to be lower for all pupils in that school, which can lead to a wrong designation of “coasting” for some schools, while those with highly advantaged intakes—including, as the noble Lord, Lord Lucas, has just mentioned, grammar schools—can escape the coasting designation.

Last month the department published Coasting Schools: Provisional Data, which includes a breakdown of where the schools are geographically and their type. Therefore, it is logical to assume that Ministers know precisely which schools have been identified from this exercise. The provisional estimate includes 479 schools at key stage 2 and 327 at key stage 4. Among primaries, a high proportion of academy schools meet the coasting criterion compared with local authority maintained schools, while at secondary level the proportion is the other way round. It appears that the schools most likely to fall within the scope of the coasting schools regulations are those already converted into academies as a result of government intervention.

No school will be formally identified as coasting until the 2016 key stage 2 results are finalised and published in three days’ time, although we will not receive the results for key stage 4 for a further month. For that reason, I ask the Minister why we are being asked to consider the draft regulations now. We believe that parliamentary scrutiny should have been delayed until both sets of results had been published with time allowed for them to be assessed. That would have permitted judgments to have been made, for example, as to whether this data-only approach to coasting schools, without professional Ofsted advice, was identifying good and outstanding schools in areas of significant deprivation.

On 15 December, nearly 400 local authority maintained primary schools will be labelled publicly as coasting. Can the Minister say whether regional schools commissioners have notified these schools, the relevant local authorities and Ofsted in advance? In how many of these schools is intervention already taking place? I say in passing to the Minister that I have quite a few questions to put to him and I shall be more than happy if he cares to write to me in due course, to use a familiar phrase.

Decisions about what happens to a school will be taken by regional schools commissioners assisted by their head teacher boards. There is some concern that those bodies are neither widely accepted nor operate with a great deal of transparency. This issue has been raised before and I do not intend to pursue it today, but it is an issue. That concern was stated unambiguously earlier this year by the Education Select Committee in another place in its report on regional schools commissioners, concluding that their role remained unclear. That point is now thrown into sharp focus by the fact that these regulations give extended powers to the commissioners to intervene when schools are designated as coasting. Yet one of the Government’s key performance indicators for the commissioners is not schools standards but how many schools they are able to convert into academies. There is a clear conflict of interest there and, as stated by the shadow Schools Minister, Mike Kane, when these regulations were considered last week in another place:

“That prompts the question whether the RSCs are independent arbiters in terms of judging whether our schools are failing, successful or coasting”.—[Official Report, Commons, 30/11/16; col. 7.]

It certainly does, and I hope that the Minister will seize this opportunity to answer that question.

That leads us to another question: what will happen to maintained schools once these regulations come into force? The ministerial Statement on primary education issued on 19 October stated that regional schools commissioners should work with local authorities to determine actions for coasting schools. However, additional information provided in the DfE memorandum of 26 October to the Secondary Legislation Scrutiny Committee states that even though the legislation allows local authorities to take action in a coasting school that they maintain, this is expected to have little impact on the public sector as the regional schools commissioners will predominantly take action when maintained schools are regarded as coasting. It goes on to say:

“We do not, therefore, expect the additional power to be burdensome for local authorities”.

Charities (Protection and Social Investment) Bill [HL]

Debate between Lord Watson of Invergowrie and Lord Lucas

Monday 20th July 2015 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, nobody can dispute—

[Lord Lucas (Con)]

My Lords, I am loath to interrupt the noble Lord, except I think he is bringing matters to a conclusion. I want to express my congratulations to the previous Government on putting some steel into the Charity Commission in the process of recalling to independent schools what their charitable status means and what it takes to live up to the—in many cases—very clear opinions of their original benefactors. That process gathered considerable momentum, and many protests, under the previous Government, and I am delighted to see that it is continuing under this Government with cross-party support. It is enormously important that we find a way of reducing the exclusivity and divisions in our current system and that we find ways of reuniting it. On the side of this debate—I know it is not central to it—I very much hope that this Government will take seriously the proposals developed for the reintegration of independent schools and the state system. Some key schools, such as Westminster and St Paul’s, have expressed a willingness to engage. If we can get to a system where the independent schools have a role looking after foreigners and the thick sons of the rich, then we will have achieved a lot for this country.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, we had a long debate on this and I do not intend to detain the House long. This amendment is, at first sight, exceptionally attractive. Who can object to close engagement? The issue before us tonight is whether this is best achieved by the relative inflexibility of statute or the more flexible approach that can be achieved by guidance. My concern about this and the proceedings during our debate in Committee is that this is a Pandora’s box which, once opened, runs in all sorts of directions.

The issue of public benefit came centre stage because of the changes quite reasonably introduced by the previous Labour Government. The noble Lord, Lord Bassam of Brighton, sat through many hours as the Minister in charge. The decision on the way the public benefit test should be set was agreed as being the least worst option, being via the independent Charity Commission, and making sure that the Charity Commission was free from political interference was written into the Bill. Once you move away from that decision, you need to be very careful about where you end up. The debates we had in Committee on 6 July started with an amendment from my noble friend Lord Moynihan about sport. He was followed by the noble Lord, Lord Wallace of Saltaire, on music and arts. At the end of the debate the noble Baroness, Lady Jones, winding up for the Opposition, said:

“Amendments 23A and 23B provide a start by identifying at least three areas”.

She also said:

“Furthermore, we believe that the Local Government Act 1988 should be amended so that private schools’ business rate relief becomes conditional on passing that new standard”.—[Official Report, 6/7/15; col. GC27.]

So we moved quite a long way in the course of one single debate. There is a perfectly respectable argument that nearly 10 years after the noble Lord, Lord Bassam, and I discussed this in the Moses Room there should be a review of what constitutes public benefit. However, as I have explained, this is a big topic with many implications and unforeseen and indeed unforeseeable consequences. In my view, it needs to be looked at thoroughly in the round, not tacked on to a Bill that is concerned with improving the regulation of the charity sector and enhancing the development of the social investment movement. As the noble Lord, Lord Wallace, referred to in his remarks, that is a view with which the NCVO agrees.

My review of the sector revealed gaps in the Charity Commission regulatory powers that the Bill will remedy. It is that on which we should be focusing, not trying to find other issues that may cause difficulties and unforeseen consequences. I very much hope that the mover of the amendment will not put it to a Division tonight.