All 6 Debates between Tracy Brabin and Gordon Marsden

Mon 9th Jan 2017
Technical and Further Education Bill
Commons Chamber

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Thu 1st Dec 2016
Technical and Further Education Bill (Eighth sitting)
Public Bill Committees

Committee Debate: 8th sitting: House of Commons
Tue 29th Nov 2016
Technical and Further Education Bill (Sixth sitting)
Public Bill Committees

Committee Debate: 6th sitting: House of Commons
Thu 24th Nov 2016
Technical and Further Education Bill (Fourth sitting)
Public Bill Committees

Committee Debate: 4th sitting: House of Commons
Tue 22nd Nov 2016
Technical and Further Education Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Tue 22nd Nov 2016
Technical and Further Education Bill (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons

Technical and Further Education Bill

Debate between Tracy Brabin and Gordon Marsden
3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 9th January 2017

(7 years, 3 months ago)

Commons Chamber
Read Full debate Technical and Further Education Act 2017 View all Technical and Further Education Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 9 January 2017 - (9 Jan 2017)
Tracy Brabin Portrait Tracy Brabin (Batley and Spen) (Lab)
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New clause 4 deals with careers education provision in technical and further education, and I want to build on the words of my hon. Friend the Member for Wolverhampton South West (Rob Marris). As the Minister knows from our time spent together on the Bill Committee, this issue is of particular interest to me, and I would like to thank him for the courtesy that he has extended in explaining what the Department is doing in this area, and for introducing me to the Careers & Enterprise Company. I also thank him for his keen interest in improving careers education. After due consideration, however, I feel that the new clause is necessary and that it will complement the work that is already under way. There have been a lot of warm words and verbal support, but not including careers education provision in this legislation is an enormous missed opportunity.

The Bill will shake up the technical and further education sector considerably, and accepting the new clause would show how important career planning is to the House and to the Government. During private meetings before the Bill went into Committee, real concerns were raised with me about the lack of careers education provision in our colleges. It has been stressed that the lack of advice available is such that, without explicit legislation on careers guidance, the matter will be nudged even further towards the back of the priorities queue. Resources in our colleges are overstretched, and I was disappointed to hear that in one institution a receptionist with no specialist qualifications or training had been asked to give careers guidance. The problem of a lack of careers guidance is stark. It has been brought to the attention of the Department by the co-Chairs of the Sub-Committee on Education, Skills and the Economy. In its report, the Sub-Committee states:

“Ministers appear to be burying their heads in the sand while careers guidance fails young people, especially those from disadvantaged backgrounds, and exacerbates the country’s skills gap.”

It is clear that we cannot rely on warm words and reassurances alone. We must have provisions in writing and in legislation, because we have an obligation to our learners. As we know, the world of work that our young people are entering is changing really fast. The sector in which an apprentice starts their learning will have transformed enormously by the time they reach their last year. Access to guidance and advice should not be left behind when they step into a career. It should be more agile and responsive to the skills and experience they are picking up. It is those opportunities that new clause 4 would seize, including an opportunity for a strategy to be laid before the House that was specialised for further and technical education, that was ongoing, and that provided parity of esteem between technical, further and higher education, using the expertise of the new Institute for Apprenticeships and Technical Education. This is a huge opportunity that is too good to miss.

Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

I thank all those who have spoken. I particularly thank the Minister for confirming that the implications of what we asked for in new clause 2 will be satisfied by the Government, which is an important concession or confirmation, depending on how he wishes to look at it. Whatever it is, we thank him for it.

I will withdraw new clause 1 but, as shown not least by the powerful speeches by my hon. Friends the Members for Gedling (Vernon Coaker) and for Batley and Spen (Tracy Brabin) and others, it is a huge missed opportunity that the Government are not including the strategy in the Bill. I mean no disrespect to the Minister and his personal qualities, but we believe that the strategy needs to be embodied for the foreseeable future in the Bill. On that basis, we will be pressing new clause 4 to a vote.

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 4

Careers education: duty to publish strategy

“‘(1) The Secretary of State shall publish a strategy for the purposes of improving careers education for persons receiving education or training—

(a) in the course of an approved English apprenticeship;

(b) for the purposes of an approved technical education qualification; or

(c) for the purposes of approved steps towards occupational competence.

(2) The strategy shall be laid before Parliament.

(3) The strategy shall specify provisions under which the Secretary of State will seek to—

(a) ensure that persons receiving education or training under subsection (1) receive information, advice and guidance relating to their future careers, and that such information, advice and guidance is delivered in a way which meets each person’s needs and is impartial;

(b) ensure that such information, advice and guidance may be taken into account by relevant authorities and partners to meet the needs of local or combined authority areas;

(c) ensure parity of esteem between technical, further and higher education; and

(d) monitor the outcomes of such information, advice and guidance for recipients.

(4) The provisions specified in subsection (3) shall have specific regard to particular needs of different groups of persons receiving education or training under subsection (1), including—

(a) persons with special educational needs;

(b) care leavers;

(c) persons of different ethnicities;

(d) carers, carers of children, or young carers, as defined by the Care Act 2014; and

(e) persons who have other particular needs that may be determined by the Secretary of State.

(5) The strategy shall include guidance for the purposes of improving careers education, to which the following bodies shall have regard—

(a) the Office for Standards in Education, Children‘s Services and Skills;

(b) the Institute for Apprenticeships and Technical Education; and

(c) the Office for Students.

(6) The Secretary of State shall by regulations designate relevant authorities and partners for the purposes of subsection (3)(b).

(7) The Secretary of State may by regulations designate—

(a) further groups of persons under subsection (4)(e); and

(b) further national authorities or bodies under subsection (5).

(8) Regulations made under this section—

(a) shall be made by statutory instrument; and

(b) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

(9) For the purposes of this section, “careers education” means education about different careers and occupations and potential courses or qualifications to attain those careers and occupations.’” —(Gordon Marsden.)

This new clause would establish a statutory requirement for the Government to produce a strategy on careers education, which shall be taken to be the “Careers Strategy”.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Technical and Further Education Bill (Eighth sitting)

Debate between Tracy Brabin and Gordon Marsden
Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

My hon. Friend is right. He has read not only my mind, but my postbag. Only half an hour before coming here I received an email from Unison, which raised some of those issues with respect to its members who fit into one or two of the categories in question. It made precisely that point about distance, which I was anxious to make in my exchange with the Minister about the education maintenance allowance. It was not simply about cost; it was also about time.

Tracy Brabin Portrait Tracy Brabin (Batley and Spen) (Lab)
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I have spent time with care leavers and foster families in Kirklees, and they are an incredibly vulnerable group of people with a lot of chaos in their lives. They are five times less likely to get five good GCSEs and eight times more likely to be excluded from school, and obviously they are less likely to go to university or, we assume, start an apprenticeship. They need extra support, and so do their families. Certainly, when they are moved around, which sometimes happens, they need extra support with transport and so on.

Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

I am grateful to my hon. Friend for underlining that point and giving that practical example of a personal issue. Perhaps I can be forgiven for mentioning that the shadow Secretary of State, my hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), has herself strongly expressed how crucial further education was to her during her teens. She said on Second Reading that she would not have been there to present our view on the Bill had she not had that experience, when she was in that vulnerable situation as a teenager.

There are groups of people who must particularly be thought about in this context. We discussed care leavers on another occasion, and the difficulties that many of them face, but it seems particularly appropriate to discuss them again in the context of the amendment. In their apprenticeship funding proposals last month, the Government recognised that apprentices aged 19 to 24 who had previously been in care, or who had had a local authority education, health and care plan, might need extra support. The majority of respondents to their survey supported that—more than twice as many providers agreed with the proposal than disagreed. The Government have pledged in the proposals to give extra funding to employers who take on someone who was previously in care or had a local authority education, health and care plan. We applaud that as a good start, but it is important to think about legislating further and to guarantee that other necessary steps are taken to ensure that access and opportunity are available to care leavers.

Looked-after children often achieve less highly at GCSE, as my hon. Friends have noted, partly because they may have a chaotic family background or a history of abuse. The Special Educational Consortium stated in written evidence that young people who have a care plan at age 15 are more than twice as likely not to be in education, employment or training at 18. Barnardo’s said:

“These young people often leave school with few or no qualifications and need alternative options outside of the school environment if they are to achieve their potential. Some need provision that allows them to catch up on what they have missed. These young people also often want the option of practical-based learning that clearly links to a real job.”

While we are on the subject of care leavers, how does the Minister envisage the proposals to support apprentices, and the proposals that we would like to see taken on board more generally in respect of care leavers, linking up with the work done in the children’s services section of the Department for Education? In particular, what discussions has he had about the Bill with his hon. Friend the Minister for Vulnerable Children and Families, the hon. Member for Crewe and Nantwich (Edward Timpson), or his officials? I have credited him before for the assiduousness with which that part of the Department introduced the responsibility up to the age of 25.

The amendment also includes parents and carers, who for numerous reasons might be particularly affected by changes to their study arrangements. They may have particular arrangements for their children or dependants that might not be addressed by simply transferring them to another college. What happens if the college to which they are transferred is not as near to their children’s school? What if the new institution’s timetabling disrupts routines for those they care for, or their ability to be there for their children? What if potential increases in travel costs negatively affect the carefully planned budgets of those with caring responsibilities, affecting both their access to education and the care that they can provide to their own children and loved ones?

There will be others with particular needs, which is why the amendment has flexibility built into it to accommodate them. For all those reasons, the education administrator’s decisions must be carefully thought through, so we feel that it is important to require the administrator to do so. I know that there is a school of thought that says any decent education administrator, given the background, qualifications, empathy and pastoral issues to which the Minister referred, would do so, but I do not think that it reflects doubt about the good intentions of particular people in particular circumstances to say that they might be beset by a series of difficult decisions and priorities, probably within a relatively constrained period of time. It does not indicate that people would not think about the groups concerned. It is important in that pressurised situation that they are reminded of the importance of those particular groups. That is the basis on which we have brought forward the amendment.

As my hon. Friends have said, those groups already face challenges and barriers to education that it can be difficult for others even to imagine. I can imagine some of it. That is not from the perspective of being a teacher or tutor in further education, but from my perspective of having been a part-time course tutor with the Open University for nearly 20 years. I do not think I had many care leavers, but I certainly had people who were carers and who came into other distinct categories. I marvelled at the determination with which they took forward their studies under some trying and difficult circumstances. I believe that our proposal is the right thing to do, and I would welcome the Minister’s thoughts on whether the Bill needs to say rather more about the particular needs of these groups of students.

Technical and Further Education Bill (Sixth sitting)

Debate between Tracy Brabin and Gordon Marsden
Tracy Brabin Portrait Tracy Brabin
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Thank you, Ms Dorries—a female voice in the room.

Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

Yes, I thought so, too. May I congratulate my hon. Friend—I think it is the first time she has spoken in Committee—on a lively and inspiring presentation? The issue of careers guidance is not new, but I will not go through its whole history. She was right to make those points, and the examples she gave of what appears to be there in principle but is not in practice were all too symptomatic of the difficulties the Government have had until relatively recently—I will be fair—in addressing the problem.

We had a lengthy period under the coalition Government and even at the start of this one where they were running rapidly to catch up with what had become a disastrous position in careers advice and guidance in schools, with work experience no longer required in the curriculum at key stage 4. An array of organisations—everyone from the CBI to the Federation of Small Businesses—complained and continue to complain. When the Government attempted to respond to some of the many cuts that virtually dismantled much careers advice in local authorities and schools—the Connexions programme was maimed beyond repair—to be fair, for post-24s they did do quite a lot in terms of online guidance and so on, but for under-24s they had done precious little, and my hon. Friend’s investigations suggest that even that is not in the best of nick at the moment, if I can put it that way.

We still await a formal strategy from the Government on careers advice and further reports on how the money allocated to the Careers & Enterprise Company will be spent and distributed. To be fair, as I have said previously, the Careers & Enterprise Company is beginning to do some useful work, but it is hampered by the sheer volume of stuff that needs to be done. The Industry Apprentice Council report to which I have referred previously makes that point as well. My hon. Friend the Member for Batley and Spen is right to raise the issue with the Minister in this way and at this time. As I said, I accept the Minister’s bona fides in this area and his wish to do something about it, but we need to see it taken forward.

Technical and Further Education Bill (Fourth sitting)

Debate between Tracy Brabin and Gordon Marsden
Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

It is a great pleasure to serve under your chairmanship again, Ms Dorries, and to begin discussing the series of amendments that we have so far tabled to the Bill. As I might have said this morning, having just come off the Committee that considered the Higher Education and Research Bill, I am struck by the fact that the same sorts of issue that we raised in relation to that Bill for students at higher education level are now appropriate to be raised for students at this level—apprenticeships and further and technical education.

Of course the difference, which we might want to contemplate, is that over recent years in higher education not only have issues relating to access and participation been high on the agenda, but, to their credit, both Governments—pre-2010 and subsequently—have taken some steps in that direction. Notably we had the creation under the Labour Government of the Office for Fair Access, but we never had a similar organisation for further education students and apprentices, so it seems appropriate to discuss this amendment today.

I am not necessarily expecting the immediate creation of an FE or technical education equivalent of OFFA, but I am certainly suggesting to the Government that at a time when we are trying to expand the number of apprenticeships and get parity of esteem for technical education, we should perhaps consider what priority that will have in the new Institute for Apprenticeships and Technical Education. Again, the words “Capacity, capacity, capacity” go around in my brain, but I will suspend that for this afternoon and focus simply on the principle and why the principle is very important.

By way of comparison, let me take us back to what the Higher Education and Research Bill said in establishing the office for students—an organisation that is not that dissimilar to the institute, although of course it is in terms of size and reach. Clause 2, entitled “General duties”, states:

“In performing its functions, the OfS must have regard to…the need to promote equality of opportunity in connection with access to and participation in higher education provided by English higher education providers”.

That duty to “have regard to” will of course cut across, in some areas, to technical education, because there will be higher skills in that area and there will be providers—FE colleges, for example—that are providing HE. However, when it comes to the broader picture—concentrating as a matter of public policy on what the Government might need to do to promote equality of opportunity and access to and participation in further and technical education—we have a significant way to go.

Shane Chowen, head of policy and public affairs at the Learning and Work Institute, gave evidence to us on Tuesday. He said that people with disabilities and learning difficulties and people from black and minority ethnic backgrounds have been famously under-represented in apprenticeships for a number of years, so why not use the introduction of this new institute to make a commitment in the Bill to improving access to apprenticeships for traditionally under-represented groups?

FE colleges and providers have already expressed concern to me about the Government’s focus when it comes to the 2 million apprenticeship target, but mandating the institute to widen access and participation would be beneficial for all parties. On top of that, the Government have set out their own laudable agenda to halve the disability employment gap. Only five in 10 disabled people have a job, compared with eight in 10 non-disabled people. Surely the Government should be using apprenticeships as a critical step towards eradicating that gap.

How, in practical terms, do we go about improving access and participation? They are fine words, but how do we actually put some sharp edges on them? One thing that I and many others would like the new institute to do is look at what might be done for groups who have traditionally been under-represented in pre-apprenticeship support and training. The Minister has already spoken about that issue, particularly with regard to traineeships. Again, I will not rehearse the history of traineeships, except to say that they were—I strongly believe that they still are—a good idea.

If we want not only to meet the targets that the Government have set for quality apprenticeships, but to ensure that those quality apprenticeships are evenly and fairly distributed among all groups, we must recognise that some groups will find it much more difficult to get to the frontline of competing for them without some prior training, support, guidance and so on. In my understanding, that was the original role of traineeships. I will not go into the swerves and views of different Ministers and different comments in the period of time since. For a variety of reasons—some to do with the restrictions that the Government placed on promoting anything other than apprenticeships at that time—traineeships did not really get the head start that, in my view, they deserved.

I welcome the Minister’s comments about traineeships, particularly about seeing them as an introductory route into apprenticeships. In that respect, traineeships would be particularly appropriate for the groups of people we might be thinking of when it comes to promoting equality of opportunity for access and participation. Traineeships are also appropriate for retraining because, after all, the institute has now been broadened out to take in technical education, not just apprenticeships. Traineeships could be used for retraining and non-apprenticeship skill access for the groups we are looking at.

One helpful option that the Government should utilise in the Bill—I am genuinely quite surprised that they have not, but maybe the commendable speed with which the Maynard review was completed has been a factor—would be to enshrine the Maynard review in law. I think that was mentioned on Second Reading, but I am not sure that I entirely followed where we were up to with the legal procedure. That would send an important signal. Therefore, although I do not want to create otiose legislation, I suggest to the Minister that there might be a mechanism to ensure that that admirable work is enshrined in law. I pay tribute to the hon. Member for North Swindon for his participation in that process, and indeed to the previous Skills Minister, both of whom worked very hard indeed to ensure that the review got its nod before the referendum—and, my goodness, considering what happened, it is just as well that they did. That would be a good thing to do.

We welcomed the opportunity to submit evidence to the taskforce that the Minister commissioned, and we welcome the Government’s intention to explore access to apprenticeships for those with learning disabilities and other, not always visible, impairments and to find recommendations for resolving that access. Will the Minister update the Committee on where the Government are on implementing the review’s recommendations? It is still early days, but that would be useful.

Schedule 1 is essentially about making sure that access and participation strategies are high up the list of things for the new institute to do, and of course that cannot be divorced from careers advice. I will not stray outwith the amendment, except to say that careers advice, and what has or has not been done for it in the past four or five years, has occupied some lively debates and been a cause of concern both across the sector and across the House. Everyone who has commented on careers advice, particularly careers advice in the school setting, has said that without adequate access to information, advice and guidance that encourages young people to take up apprenticeships, traineeships or, indeed, technical education, we will be hampered in reaching the access and participation strategies that we need.

The Minister has previously commented on the work of the Careers & Enterprise Company, which I have met. The Careers & Enterprise Company has positive goals, although I still have concerns about capacity. If we want to know where people who have become apprentices have found difficulties in access and participation, we need to hear their voice and their commentary.

The excellent 2016 survey by the Industry Apprentice Council, supported by EAL and Semta, produced statistics that strongly underline the importance of careers advice in this area. The Education Secretary has observed that there is no reason to doubt Ofsted’s finding that 80% of careers information, advice and guidance is below the necessary standard, even though schools have a statutory duty to provide impartial and detailed careers IAG. I am afraid that that was reflected in this year’s survey. The proportion of respondents from members of the Industry Apprentice Council who said that their information about apprenticeships had been poor or very poor remained high—it was 37% in 2014, 40% in 2015 and 35% in 2016. There was some improvement, but there is a considerable way still to go.

Tracy Brabin Portrait Tracy Brabin (Batley and Spen) (Lab)
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To add to my hon. Friend’s statistics, in the evidence sessions we heard that the answer to careers advice was that it should happen in school at key stage 4. Statistically, only one in three teachers think that their school is fulfilling its statutory duty to provide decent careers advice, and 68% of students think that 16 is too early to make career choices. Working-class kids take longer to develop academically, and 42% of students said that they did not receive enough information, advice and guidance before A-levels. I add that to the plea for careers advice to be included in the Bill.

Technical and Further Education Bill (First sitting)

Debate between Tracy Brabin and Gordon Marsden
Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

Q You are talking about length. There have been a lot of conversations, some of them a bit semantic, about the pre-apprenticeship route, particularly if we want young people to get good-quality apprenticeships. There is obviously the traineeship issue, or call it pre-apprenticeship, or whatever. Are you saying, Professor Fuller, that the actual process needs to be longer or that there need to be more preparatory steps to get young people—not only them, though they are the key component—who would not otherwise be able to compete for some of the high-quality apprenticeships that will be on offer?

Professor Alison Fuller: Probably both. If you look at attainment at 16, we have just had recent figures that show that still it is only just over 50% of young people who are achieving five GCSEs A to C grades, including English and maths. We know that those who are achieving that benchmark tend to stay on in the school route and take A-levels or a combination of A-levels and BTECs, which are sometimes called applied A-levels. That particular route has been quite successful in supporting social mobility and particularly progression to higher education.

Unless we start to eat into that population, we are talking about young people who have not attained that level at 16. We are proposing what we would all want to be a very high-quality technical education route within two years to get to what point? That is where we need to take a check and be realistic about what we might be able to achieve in two years on those kinds of numbers of contact hours and that kind of period.

We know that a good-quality level 3 standard is a really strong platform for career progression and engagement with employment. So for a good majority of our young people at 18 or 19, that is the kind of real aspiration we should be aiming for. It seems to me that without a much stronger commitment to what the resources are going to be, and what the container is going to be, if you unpack what a route is, we could end up with young people who have not made sufficient progress to reach the platform where they are going to have a secure stepping stone into the labour market and good-quality apprenticeships.

We know that at the moment 60%-plus of apprenticeships are at level 2 and that not many 16 to 18-year-olds are doing them—I think it is about 130,000. So there is quite a lot to do to ensure that all apprenticeships are as good quality as the fantastic ones that we know do exist.

Tracy Brabin Portrait Tracy Brabin
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Q David, I have been told that in some circumstances members of staff such as receptionists without relevant qualifications or training are carrying out careers guidance in colleges as a tick-box exercise. Are you concerned that there is no careers guidance provision in the Bill?

David Hughes: I am very concerned if that story about reception staff is true, because it is an incredibly important area of education and, of course, it does not start at 16; it starts a lot earlier. I would echo a lot of what Alison was saying. We need to think about key stage 4 rather than just look at age 16-plus, because the decisions that get made by young people and their parents and carers are critical to their future. We need to think about introducing them to the world of work rather than just providing them with some information about courses, so the work experience and work placements that the Sainsbury report and the skills plan rightly concentrate and focus on are really important to consider for key stage 4, rather than just waiting until 16. We want some of the best young people with good achievements at GCSE at 16 going into the technical route and apprenticeships rather than what we have now, which is mostly that if you do well at GCSE at 16, you take an academic route.

We know that probably about £1 billion is wasted when young people go on an academic route for a year and then move off it because they find it is not suitable for them. We need to stop that happening because that wastes money and, more importantly, young people are using up a year of their life on something that does not stimulate them or motivate them. We have got to go back into key stage 4 rather than just wait. It is critical that we get college information, advice and guidance right, but let us think about careers education through school, not just right at the end, and let us think about persuading the best young people to do technical if that is the right thing for them, because it should be high-quality to attract them.

Technical and Further Education Bill (Second sitting)

Debate between Tracy Brabin and Gordon Marsden
Committee Debate: 2nd sitting: House of Commons
Tuesday 22nd November 2016

(7 years, 5 months ago)

Public Bill Committees
Read Full debate Technical and Further Education Act 2017 View all Technical and Further Education Act 2017 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 22 November 2016 - (22 Nov 2016)
Tracy Brabin Portrait Tracy Brabin
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Q So you are suggesting that it will be more expensive to borrow?

Richard Robinson: Not necessarily more expensive; it could just be that the loans have to be shorter or have to be secured versus unsecured. Cost is just one element of the terms and conditions of a piece of finance.

Gordon Marsden Portrait Gordon Marsden
- Hansard - - - Excerpts

Q I just want to return to the issue of cost-benefit analysis, in terms of the increased risk that will come about. Given the factors that have led to this insolvency provision having to go into the Bill, it is obvious that the Government recognise that there are increased risks in the future. That is not necessarily to say that the whole edifice is going to collapse, but it does mean that you as banks have to make difficult decisions about how you calibrate that risk.

I was struck again, going through the Bill, that there is a creative tension—hopefully it is creative and not destructive—between the needs of the education administrator and the traditional needs of the creditors. I was struck particularly by a phrase in your submission, Mr Harris, where you said, “I note also that the Bill contains measures such that a creditor or appropriate national authority may apply to court if it is dissatisfied with the conduct of an education administrator.” No one is suggesting that the majority of colleges are going to go through the procedure, but if a college was going through that procedure and the sums of money were quite large, it would not necessarily be surprising if a creditor did challenge the education administrator in that fashion.

My question is twofold. First, Mr Harris, you have already expressed the big question: where is the money going to come from? Would that presumably increase the likely legal costs to which you referred in such a way that it could make it a very expensive process? Secondly, and this is for you three gentlemen generally, it seems to me that what is coming out of this afternoon’s session is that you would welcome greater clarity, whether in guidance notes or even a new clause, although Governments are reluctant to put some details into new clauses, to understand what the Government are prepared to take on board—after all, it is the Government who are introducing the proposal—and how much security, whether quantified as a financial amount or as a supporter of last resort, you would require from the Government.

Stephen Harris: May I just stand back and piggyback on your first question? I have actually been asking myself, since you asked me the question, how I got comfortable with this last Thursday afternoon. Clearly, I was; there was a holistic package of measures here, which I felt broadly work. I would like to return very briefly to the issue of clause 22 for a moment. In subsections (4) and (5) we see the crucial words placed between commas,

“so far as is consistent”

with the overarching duty. Having stalled on it on the first read, when I went back and saw those words it became reasonably clear to me that the transcendental purpose—the carrying on for the education—is the thing that matters.

We therefore turn to the question of funding. We come full square to clause 25 and the suite of options set out in it:

“Grants and loans where education administration order is made.”

Then we travel further into the draft legislation—indeed quite a long way to the back. This is a bit of a technical area, but it is worth focusing on for a minute. The administrator will receive grant money from the funding body, and he will spend it on wages, salaries and the upkeep of the college. The fundamental question is: where is the deficit funding going to come from? Of course, he will have to borrow. Borrowing money in an insolvency process carries some technicalities. The overarching technicality is: where is the repayment of the loan going to rank? In conventional, vanilla administration, it is generally accepted that if the administrator borrows during an insolvency process, his obligation to repay the bank or the funder carries a very high priority unless it is agreed with the bank that it will be demoted for one reason or another. We need not explore that here.

In the suite of options that are available here, there is a technical clause that enables the lending authority to position the option for the repayment of the loan. Broadly—if I may put it this way—it can come at the front of the queue, the middle of the queue or the back of the queue. When I say the queue, I mean that if you take the general body of creditors as a whole, the repayment of the loan for the deficit funding can rank ahead of those creditors, alongside them or behind them.

Turning to your question, I think that what we see here is a recognition that one size might not necessarily fit all. There is probably a sense that it is not wise to be prescriptive at a total level, so having a suite of options that can be adjusted to specific circumstances may be an appropriate balance at the moment. There will be tension when it comes to borrowing the money, and I have little doubt that the funding authority will set out its stall on which it is prepared to make the money available.

--- Later in debate ---
Gordon Marsden Portrait Gordon Marsden
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Q On that point—after this, I will conclude, Ms Dorries—I am struck by the read-across between our discussions on this Bill and those that we had during the Committee stage of the Higher Education and Research Bill, except we have substituted the words “apprentices” for “students”. There is a lot of read-across between this and the Higher Education and Research Bill, and it is right that there is because the Government’s aim is to have higher skills, whichever Bill that comes out of, and this is part and parcel of that.

Yesterday in the Report stage of the Higher Education and Research Bill, we introduced a new clause that would set up a standing commission to look specifically at how we expand adult education and learning. My question is: what more, in the context of this Bill, does the Institute for Apprenticeships and Technical Education need to do to strengthen the argument for widening access and participation with the sorts of groups that we have talked about? I am talking about on the face on the Bill as opposed to saying simply, “Once it gets going I am sure it will think of looking at this.”

Shakira Martin: The Government are talking about parity between the two routes—was it parity? The office for students has just announced that it is going to have a learner voice—a student—at the table and that is where this starts. It starts in this room, from the beginning. You also need to remember that we are not just creating students with qualifications; we are creating citizens. Getting students around the table to take ownership of their learning and of what is happening with them in society is actually having a domino effect. They have been enabled to make decisions, and they will give this back. Once you take ownership of something then you have a much better view, love and respect for it.

I do think that it starts there, by having two reserved places, because studying in the classroom and studying as an apprentice are two very different things. That is why I stress that it needs to be two reserved places. If we are saying that there is parity, then that is the beginning of where it starts.

Shane Chowen: I would go further on that point about parity. I have heard Ministers and Secretaries of State call for parity of esteem and respect between the academic and technical route for many years, and that is laudable. This Bill feels like a good opportunity to move in the right direction with that. One of the first discrepancies is the enormous agenda to widen access and participation that there is in higher education, both in terms of what is in statute—which is why this Bill is important—and also in practice, in terms of what is funded on the ground. So in HE there is an established Office for Fair Access in statute, and the director has statutory responsibilities until the current Higher Education and Research Bill 2016-17 passes, and then that goes to the office for students.

There is a student opportunities fund managed by HEFCE that is worth about £41 million. Universities themselves spend between £700 million and £750 million a year on widening participation action in the form of bursaries and outreach activities. If we are serious about widening access and parity of esteem, there has to be a dual-pronged approach. We cannot have tonnes of resources pumped into widening access on the HE model and then not very much going into widening access on the technical and apprenticeship model, because there are still under-represented groups within the technical and apprenticeship system. There are still communities that are not engaging in the system as much as they should be. The system is not reflective of the employment sector or the general population, particularly when you look at students with disabilities and learning difficulties, and students from black and minority ethnic backgrounds. They are not reflected in the sector in the way that they should be. There is a massive opportunity in this Bill to do something about that.

At the very least, the new institute can have some responsibilities to report annually on progress towards levelling the playing field on improving access and participation, as well as achievement and progression of individuals from under-represented groups. What we can learn from the HE work is that there are already sophisticated models and benchmarks to do that. I do not think that it would be a difficult job. We would not be starting from scratch. It is important that there is a dual-pronged approach if we are serious about parity of esteem.

Bev Robinson: I would like to add something about the importance of careers advice and guidance. Understanding the many opportunities at a young age is key, and with positive models you then see them. Through careers advice and guidance, it is very simple: you can relate to that person and think to yourself, “Well actually if they can achieve that, then so can I.” That is very powerful for social mobility.

Tracy Brabin Portrait Tracy Brabin
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Q I would like to ask about the opportunities of courses. My previous background was in the cultural industries, and it seems that culture and design are grouped. How would you like the choices within these brackets to be prioritised? Should the balance be about job creation, rather than careers? Have you had thoughts about the expectations of students and what they would be taking up within these brackets?

Bev Robinson: May I clarify: when you say brackets, do you mean the routes?