Skills and Post-16 Education Bill [ Lords ] (Second sitting)

Matt Western Excerpts

Tuesday 30th November 2021 Public Bill Committees

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

It is a pleasure to serve under your chairship, Mr Efford. I rise to speak in favour of amendments 27 and 28 in my name, and amendments 1, 2 and 3, in the name of my hon. Friend the Member for Rotherham. I want highlight that the Library briefing on the Bill states that 18% of the learners currently in the FE and skills sector have a recognised learning difficulty or disability. When we talk about people with disabilities, we are not talking about a very small minority; we are talking about 18% of those people. The amendments that I and my hon. Friend the Member for Rotherham have tabled are very similar. They all basically try to do the same thing: to ensure that the voices of disabled people are heard and recognised in the Bill. They also address the disability employment gap. Mr Efford, I should have mentioned that I am vice-chair of the all-party parliamentary group on SEND, which is where a lot of my interest comes from. I know from the work of the APPG and on the amendments that there is a lot of cross-party support for these measures, which we also saw in the Lords. This is not a party political issue. I hope the Minister takes it seriously.

Recent figures show that disabled people have an employment rate that is 28.4 percentage points lower than people who are not disabled. There is a huge disability employment gap and the amendments hope to address that. I recognise that the issue is complex and that there are a number of Government initiatives to address it, but it would be a missed opportunity not to use the Bill and the new process of skills planning that it brings about to help ensure that people with disabilities can contribute to their local economy and that their voices are heard in the discussion of what that local economy should look like. All too often, people with disabilities feel that their voices are not heard. The amendments aim to ensure they are listened to and recognised, and that some action is taken on the disability employment gap. That is the aim of all the amendments in my name and that of my hon. Friend the Member for Rotherham.

[Matt Western (Warwick and Leamington) (Lab)]

I welcome you to your place, Mr Efford. I want to lend my support to my hon. Friend the Member for Kingston upon Hull West and Hessle and others on this group of amendments. They seek to ensure that the LSIPs take the needs of disabled people and those with special educational needs into account.

Currently, further education caters for a large number of students with such needs, which can be complex. The latest data shows that roughly half of disabled people are in employment—just 53%—compared with just over four out of five non-disabled people. The employment rate for disabled people with severe or specific learning difficulties was 18% back in 2019, the lowest rate of any impairment group. The House of Commons Library briefing notes that 52% of disabled people were in employment, down from 54%, which is really concerning.

The Workers Educational Association notes that

“adult learners in community provision are those with low or no qualifications, who require the most support in order to progress to higher level qualifications.”

Learning disabilities add to that complex state of affairs, which justifies the inclusion of an amendment to provide more support for people with learning disabilities. In its evidence to the Committee, Engineering UK said:

“38% of respondents…reported a lack of role models to be a barrier for pupils with special educational needs”.

One of the employers in my region, the National Grid, is doing extraordinary stuff in engaging and giving work opportunities to young people with complex needs, through its EmployAbility scheme. It is an exemplar project that it has been running for several years.

Those are some of the reasons why the amendments are important to the Bill. The Government’s impact assessment says that those from SEND backgrounds are “disproportionately” likely to be affected, and it is therefore a cruelty not to legislate where possible to mitigate that disproportionate impact. We think it is vital that such provisions be written into the Bill, which is why the amendments have been tabled. We need to highlight the challenges and make sure that we are as inclusive a society as possible, and that we allow for the needs of people with SEND in skills provisions.

[The Parliamentary Under-Secretary of State for Education (Alex Burghart)]

It is a pleasure to serve under your chairmanship, Mr Efford. I rise to speak to amendments 1, 2 and 3 tabled by the hon. Member for Rotherham, amendments 27 and 28 tabled by the hon. Member for Kingston upon Hull West and Hessle, and amendment 34 tabled by the hon. Members for Chesterfield and for Warwick and Leamington.

Those amendments all relate to LSIPs and the importance that we all place on improving the employment prospects of people with disabilities. The criteria for designation of employer representative bodies in the Bill are intentionally focused on the key characteristics and capabilities required for that specific role. We do, of course, want all employers to demonstrate good practice in equality and diversity in employment, including in relation to disability. The Bill is clear that LSIPs should draw on a range of evidence, but we do not consider it appropriate to list all that evidence in the Bill. Instead, I assure Opposition Members that we will set out further details in statutory guidance and continue to engage key stakeholders representing learners with special educational needs and disabilities as that guidance is developed.

The guidance will make it clear that employer representative bodies should absolutely engage groups that can help them to understand the needs of learners with disabilities and the barriers they face, and consider how people with disabilities can be supported to progress into good jobs that meet local skills needs, thereby supporting activity to reduce the disability employment gap. In the work I have been doing in the run-up to the Bill, among many other stakeholders, I spoke to a specialist college in Kent, which had a very powerful message for me. They said that they had catered for a lot of young people whom they believed had a bigger role to play in the local economy, which would be good for employers and the economy, but particularly important for the individuals themselves. That very much reflects my own experience.

For eight years, I was vice-chair of governors at a special school for children with autism in west London. It was an excellent school, not because of my vice-chairmanship but because we had an exceptional head and exceptional staff. It started as a primary school, but went on to become an all-through school. The work the school was engaging in when I left to enter politics was to make sure that it could help young people—often with really profound needs—to transition into the workplace. The alternative for too many people is a life of isolation and loneliness.

I commend the work that the hon. Member for Kingston upon Hull West and Hessle is doing on the APPG. I am sure that the APPG will want to look at the statutory guidance when it comes out and feed back to us, and we welcome that conversation. There are great opportunities here for dialogue between the ERBs, local providers, and local disability groups to make sure that the needs and the talents of young people with special educational needs are reflected.

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[Mr Perkins]

My hon. Friend puts it very well.

Amendment 41 asks the Secretary of State to publish guidance relating to implementation, subject to consultation with the metro Mayor or relevant local authority. Under the terms of the Bill, the Secretary of State has the potential to amass new powers, which could be used without appropriate consultation or due diligence. We can see the hand of the right hon. Member for South Staffordshire (Gavin Williamson) right through the Bill. I am confident that if the Bill had been devised when the current Secretary of State had been in place for a year or two, it would look very different. The sense of a man who had lost control and was desperately trying to get back control runs right through the Bill.

Our amendments seek to establish a clear duty for the Secretary of State to consult with combined and local authorities before local skills improvement plans are finalised in areas that do not have metro Mayors, ensuring that the relevant local representative bodies are part of the formation of a board. It is about bringing together the various different organisations that would make up a strategic approach to skills. We are saying that, if there is not an employer representative body that is able to broadly represent private and public sector employers, further education colleges, independent training providers and such, the Government should appoint a board made up of those in order to deliver that local skills improvement plan, rather than the current approach, which is just a single body. Amendment 44 says that colleges and other providers

“may propose revisions where they consider that the plans do not appropriately reflect the full diversity of priorities across the locality.”

I am keen to hear the Minister’s response to the amendments.

[Matt Western]

My hon. Friend has given a thorough analysis on all these amendments; I will just pick up on a couple of points. On amendment 33, I want to highlight how important the skills and productivity board is, given where the country finds itself in terms of its poor productivity relative to most of our economic peers—not just in Europe, but across the globe. We have to work much more closely with that board; that is what amendment 33 is driving at, and that is why it is important to include it.

I will talk specifically about amendment 38, which is on distance learning. There are 70% fewer new part-time graduates entering and accessing higher education every year compared with a decade ago. Distance learning is really important; it is a brilliant way of encouraging people to pick up part-time study. The Open University has 72% of students in full or part-time employment. We are seeing a very concerning regional picture; the Open University’s statistics show a 40% fall in higher education participation in the north-east of the country, and a 32% fall in the north-west and Yorkshire. If the Government are really serious about their agenda, surely we have to provide and invest in more and better opportunities for distance learning—that is why amendment 38 is important. The cost of study is obviously one of the biggest barriers to adult learning. If we consider the needs of distance learners, that barrier is eradicated.

We all know that the Open University is a great institution, started in the 1960s—we will claim that as a terrific Labour success. I do not think any of my colleagues were around at that time, so none of us can claim it in particular. However, it was a great success, and I think that societally, culturally and economically we have benefited greatly from that particular institution. It is one of the five biggest higher education providers in 90% of parliamentary constituencies. It is really important that all of us remember the contribution that it makes. The Open University is also the largest HE provider in 63 of 314 English local authorities—that is 20%. It is also worth highlighting that it is a substantial provider in what might be called higher education “cold spots”, where there is limited face-to-face provision. The importance of distance learning in our education provision must be underlined.

Amendment 41 makes sure that local and combined authorities are consulted on the LSIP before roll-out. I want to echo the previous calls on the importance of including our health boards in the process. In the pandemic, we have seen the importance of local public health provision in regions, and the skills needed to be able to provide that are absolutely essential. We must be clear about how important it is to achieve the regionalisation of drawing those skills. In the visits that have been making up and down the country, that is something that has been made loud and clear to me by colleges and HE providers.

Devolved responsibilities are important but so too is the national strategy. That strategy should be extended across the Department for Education, the Department for Work and Pensions, the Business, Energy and Industrial Strategy Department and what I would call DHCLG – the Department for Housing, Communities and Local Government as was. The Association of Colleges wrote to say that it wanted to

“enshrine the creation of a national 10-year education and skills strategy sitting across government to deliver on wider policy agendas and to give stability to all parts of the system.”

It added:

“there is a lack of a comprehensive, long-term education and skills plan that brings together all parts of the system towards the same vision…this means that the role of education and skills in addressing wider policy priorities and strategies are not always recognised, for example the role of colleges in welfare, health and net-zero policies.”

I spoke about health a moment ago, but let us consider net zero policies. The Government understand their importance but I want to centre on two things that are massive national issues right now and should be critical to the skills strategy. The first is the delivery of an electric vehicle infrastructure plan, on which we way off the pace. We need to get the skills out there to put in place the necessary infrastructure. We have a growing market for electric vehicles—potentially for hydrogen vehicles as well but EV is the critical one. Manufacturers are making the vehicles, but we do not have the necessary public charging points. We are behind the curve compared with our European neighbours and other leading global economies. That is the sort of stuff that a national strategy could help to deliver. If we are serious about the sustainability agenda, the amendment can help to deliver it.

[Andrew Gwynne (Denton and Reddish) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford. I echo what my hon. Friend the Member for Warwick and Leamington said about amendment 39, particularly the need for a national strategy for education and skills. It is perfectly reasonable to expect such a strategy. The driving force for it must come from Government, and monitoring of progress across the country must also come from Government. In that way we can ensure that every part of England is firing on all cylinders, narrow the gap and properly ensure that every part of the country is performing as it should.

My hon. Friend is absolutely right to highlight the productivity gap, because that is a serious problem not just across the country and for the national economy, but within different regions and sub-regions; some are performing very well, others less so. We need a concerted effort across Government and all Departments. If we are serious about levelling up, obviously the Department for Levelling up, Housing and Communities must be at the heart of that along with the Department for Education, BEIS and, I would argue, the Treasury. If we do not have buy-in from the Treasury to ensure that economic growth is spread fairly across the country, any national strategy is doomed to failure.

I am a devolutionist as well; I want to see strategies developed locally that meet the needs of the locality. That was put perfectly when we talked many years ago about health devolution and Greater Manchester in particular, which had responsibility for health devolved to it. Of course, it remains part of a national health service, just as any local strategy would remain part of the national skills strategy. The “what” is set at the centre, but the “how” is determined locally to meet the needs of that locality. That is exactly what the amendment is designed to achieve.

[Matt Western]

To illustrate that point, clearly in the health sector we need to assess what the challenges are for our communities and populations. While there is a national picture, there will be different needs in a city such as Coventry, which is close to me and has one of the youngest populations in the whole of the UK, versus a pleasant coastal area, which might be an area that people retire to and will have particular needs as regards the provisions for health.

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[Rachel Hopkins]

My hon. Friend makes an excellent point. Exactly that—this is an employer representative body. The Bill must be open and explicit about ensuring that the public and voluntary sectors, and others—small businesses, the self-employed—have a seat at the table, through whatever mechanism. It is for them to outline how they wish to do that, but perhaps through something like the Federation of Small Businesses. I think that is vital, because otherwise it just gets lost in the grain. If the measure is to be a success in pushing forward on the skills agenda, we need to be explicit about who is at the table, who is shaping the plans and which areas. I hope that the Minister addresses my comments in his response.

[Matt Western]

Briefly, the amendments seek to reflect the reality on the ground, as we have heard. Let us think about HS2 and what has been happening. We have had years—decades—of plans for HS2, but we have seen skills sucked out of the regions so that we cannot get normal construction projects completed. That is because there has not been the co-ordination that there should have been. How was that allowed to happen? The result has been a huge impact on our regional economies.

Amendment 35 looks at the inclusion of public and private sectors as employers on the ERB. How can we not include the national health service, for example, and yet are able to include Virgin Care or Circle and others? It is bizarre that the public sector is not included.

On linking to the public sector, amendment 46 also seeks to include other employers, such as SMEs, the self-employed—as my hon. Friend the Member for Chesterfield said—and public and third-sector employers. Right2Learn, in a written submission, stated:

“We believe it is critical that local skills and training strategies need to look far more widely at including third sector organisations, as well as HE and FE providers. There must be far more opportunities for the direct involvement of SME clusters and organisations and the so-called gig economy which the Taylor Commission highlighted, including co-operatives and self-employed.”

I have said before, we must include charity-heavy provision and I gave the example of the Workers’ Educational Association.

Amendment 46 states that we need to include the third sector and the local health boards. As I said, we have seen how good that can be through the pandemic. Local primary care networks and public health in our localities really stepped up and showed that what they do is what they know, which is their regions, their populations and their geographies, to deliver good services. The same would apply to the provision of skills across our regions.

[Alex Burghart]

I rise to speak to amendments 35 to 37, 42, 45 and 46. Amendment 36 would require designated employer representative bodies to be reasonably representative of a broad range of local stakeholders. We have already been clear that we want local skills improvement plans to be employer led, which means led by genuine employer representative bodies, but we have also been very clear that designated employer representative bodies should work closely with key local stakeholders to gather intelligence and consider their views and priorities when developing local skills improvement plans.

That includes local post-16 technical education and training providers and mayoral combined authorities, which, through our Government amendment, are already specified in the Bill as playing a key role. It also includes local authorities and local enterprise partnerships, among others. This will be covered in more detail in the statutory guidance.

Amendment 45 seeks to test how the Secretary of State will determine what mix of employers is considered “reasonably representative”. When making a judgment on whether an ERB is reasonably representative, the Secretary of State will take into consideration the characteristics of its membership compared with the overall population of employers in the area. That speaks to the point that a number of Opposition Members have made.

We certainly expect designated employer representative bodies to draw on the views of a wide range of local employers of all sizes, reaching beyond their existing membership and covering both private and public employers. They will also need to draw on other evidence, such as other representative and sector bodies, to summarise the skills, capabilities or expertise required in a specified area. That type of engagement is already happening, and happening brilliantly, in our trailblazer areas.

Amendment 35 seeks to ensure that designated employer representative bodies are reasonably representative of both public and private sector employers. The Bill already ensures that that is the case. Clause 4 gives a definition of “employer” for the purposes of interpreting clauses 1 to 3 that covers public authorities and charitable institutions—to the point made by the hon. Member for Luton South—as well as private sector employers.

Amendment 46 seeks to ensure that designated bodies represent the interests of small and medium-sized enterprises, the self-employed, and public and voluntary sector employers. Public and voluntary sector employers are also already covered under the definition of employer in the Bill. Designated employer representative bodies must of course represent the interests of small and medium-sized enterprises in order to be reasonably representative.

Many existing employer representative bodies already do this effectively. For example, SMEs comprise the vast majority of the membership of local chambers of commerce. In drawing on other evidence, designated ERBs may also need to consider the key skills needs of the self-employed in order to effectively summarise the current and future skills required in the area, and that will be referenced in statutory guidance.

Amendment 37 concerns a scenario where the Secretary of State is not satisfied that there is an eligible body within a specified area that is reasonably representative of local employers. We have thought about that, but we really do not think it is likely to happen. Although the “Skills for Jobs” White Paper mentioned accredited chambers of commerce, there are other employer representative bodies with either a national or local presence. We saw evidence of that from the expressions of interest process we ran to select the local skills improvement plan trailblazers, for which we received 40 applications despite only looking for six to eight trailblazers. Many hon. Members today have spoken about chambers of commerce, but the Government are entirely open to representatives from the Federation of Small Businesses and other geographically based organisations that could also be eligible.