Oral Answers to Questions
Alex Burghart Excerpts(2 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Education (Alex Burghart)
One absolute priority is to ensure that everyone can obtain the skills that they need at whatever time in life is right for them. That is why last week we launched our Skills for Life campaign, which will promote skills offers among adults, including our level 3 offer of apprenticeships and skills bootcamps.
Jane Stevenson
It was an enormous pleasure to welcome the employment Minister, my hon. Friend the Member for Mid Sussex (Mims Davies), to Wolverhampton last week, when we met jobseekers of many ages who were taking part in a “car maintenance for electric vehicles” course delivered by City of Wolverhampton College as part of the Department for Work and Pensions’ sector-based work academy programme or SWAP scheme. How can the Minister help providers like that college offer more courses of that kind, which are so valuable in helping people into work?
Alex Burghart
I commend the work that City of Wolverhampton College is doing on electric vehicle maintenance. When we see excellent providers working with employers, we also see the best outcomes for students, which is why we are investing an additional £3.8 billion in further education and skills over the current Parliament.
Dan Jarvis (Barnsley Central) (Lab)
The truly outstanding Northern College in Barnsley is the only adult residential college in the north of England. Can the Minister assure us that it will continue to receive its residential uplift funding in future years?
Alex Burghart
I should be delighted to look into that issue for the hon. Gentleman.
Simon Baynes (Clwyd South) (Con)
Ms Karen Buck (Westminster North) (Lab)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
We are reforming technical education to support progression and meet employer needs. Our initial figures show that nearly 5,500 new students started T-levels in September last year, more than four times the number who started in 2020. We do not routinely publish take-up data on individual qualifications such as Pearson BTECs, but we will publish in June the number of students who were studying for applied general qualifications at the end of 2021.
Simon Baynes
Will the Minister join me in congratulating my constituent Adele Hughes, who is working as an apprentice with Raytheon Technologies, on being awarded a bronze medal at the recent WorldSkills UK Competition, and does he agree that Adele’s remarkable achievement demonstrates the value of technical qualifications and apprenticeships?
Alex Burghart
I am delighted to extend the Department’s congratulations to Adele. What we are seeing through our apprenticeships programme at the moment is the study and achievement of world-class skills in England. That is why I hope my hon. Friend, and all other hon. Members, will join me next week in celebrating National Apprenticeships Week.
Ms Buck
More than a quarter of a million students are studying BTECs, but the Government are rushing ahead with a set of changes about which parents and schools and colleges are very concerned, especially as BTECs are taken up disproportionately by the most disadvantaged families in the most disadvantaged communities. One of the issues that have been raised with me is the limited number of opportunities and qualifications that will be available under T-levels, in comparison with BTECs. Can the Minister explain how a levelling-up agenda is being advanced by a reduction in the range of opportunities available to such students?
Alex Burghart
It was a central finding of the Sainsbury review, led by a Labour peer, that the vocational qualifications system should be simplified. What we are doing is creating world-class gold-standard qualifications that will give students meaningful work placements that will enable them to acquire qualifications designed by employers to give them the skills that the economy needs.
Mr Richard Holden (North West Durham) (Con)
Apprenticeships and technical qualifications are extremely important to my constituents. Following the success of my jobs fair last year, I am organising an apprenticeships fair on 11 February this year. Will the Minister agree to open the fair, or to come along at some point during the day and support those young people in my constituency who are looking for an alternative route into work?
Bill Esterson (Sefton Central) (Lab)
Dame Andrea Leadsom (South Northamptonshire) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
My Department has engaged with early years employers to help them design three high-quality apprenticeships—early years educator; practitioner and lead practitioner. Since 2018-19, there have been more than 26,000 starts on early years apprenticeships. Students can also study a T-level, a new gold-standard technical qualification in education and childcare, which provides a route into either work or further study.
Dame Andrea Leadsom
I am grateful to my hon. Friend for his commitment to making sure that every baby gets the best start to life. Does he agree that by creating more of a mixed-skill workforce we will be able to provide the continuity of care that every family wants when they have a new baby?
Alex Burghart
I pay tribute to my right hon. Friend’s considerable expertise and work in this area, and I agree with her on this, which is why we are investing £153 million in training early years staff to support learning and development, and £300 million to transform Start4Life and help family services. That £300 million is going to include funding for trials for an innovative workforce, and I look forward to talking to her about that.
Chris Loder (West Dorset) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
I congratulate my hon. Friend on his report. I very much share his sentiments about the importance of recognising prior learning. Currently, further education providers can use their own discretion when they assess learners’ experience, but we are examining how we can encourage the greater use of knowledge in respect of prior learning. I shall pass on my hon. Friend’s invitation to the Secretary of State.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Today, I send my love to the family of Jack Dromey, who will be deeply missed by us all. Through you, Mr Speaker, I also send to the Secretary of State my best wishes for a swift recovery.
According to the most recent figures, the number of children who are out of school because of covid has risen by 34%. In the light of that, do Ministers not regret all the time and energy they have wasted on defending the Prime Minister rather than prioritising our children’s learning?
Vicky Foxcroft (Lewisham, Deptford) (Lab)
Alex Burghart
The hon. Lady will have heard my right hon. Friend the Secretary of State extend the timescale for T-levels on Second Reading of the Skills and Post-16 Education Bill. I am sure that she would have benefited from being able to do a T-level when she was at school. It would have given her nine weeks of work placement, and she would have done a qualification designed with employers that would have led to a job in the economy.
Dr Julian Lewis (New Forest East) (Con)
Given that section 406(1)(b) of the Education Act 1996 already outlaws
“the promotion of partisan political views in the teaching of any subject in the school”,
will the Government take appropriate action without further delay against Brighton and Hove City Council, which is planning to indoctrinate seven-year-olds with critical race theory?
Ben Bradley (Mansfield) (Con)
I welcome the Government’s commitment to lifelong learning and level 3 qualifications, but my hon. Friend the Skills Minister will know that many residents across the country will need significant help with levels 1 and 2 in order to access that offer. Will he meet representatives of West Notts College and me to discuss how we might be able to offer that support to people in Mansfield?
Alex Burghart
I would be delighted to meet my hon. Friend. We are reforming level 2 qualifications. The Chancellor has announced our plans for Multiply, a new project to help people with numeracy of all ages.
Holly Lynch (Halifax) (Lab)
Women and Equalities
Alex Burghart Excerpts(2 years, 3 months ago)
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Alex Burghart
Between 2010 and 2020, under this Conservative Government, the number of women accepted on to full-time STEM undergraduate courses in the UK has increased by 49%.
[Official Report, 12 January 2022, Vol. 706, c. 553.]
Letter of correction from the Under-Secretary of State for Education, the hon. Member for Brentwood and Ongar (Alex Burghart).
An error has been identified in my response to my hon. Friend the Member for Stourbridge (Suzanne Webb).
The correct response should have been:
Alex Burghart
Between 2010 and 2021, under this Conservative Government, the number of women accepted on to full-time STEM undergraduate courses in the UK has increased by 49%.
Education
Alex Burghart Excerpts(2 years, 3 months ago)
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Alex Burghart
Turning to amendment 2, the Bill seeks to exempt 16 to 18-year-olds from the provision of guidance on options available for 16 to 18 education or training, including apprenticeships. That guidance is thought to be unnecessary, as 16 to 18-year-olds who are not in compulsory schooling will have already chosen their post-16 options. If we adopted this amendment, schools would be obliged to provide 16 to 18-year-olds with guidance on post-16 education or training options, which might simply waste their time and schools’ resources. In fact, that exemption—it must be noted—is already in force through the Careers Guidance in Schools Regulations 2013, so the Bill simply seeks to move what we have previously had in guidance into primary legislation: it is more of a tidying-up exercise.
[Official Report, 14 January 2022, Vol. 706, c. 777.]
Letter of correction from the Under-Secretary of State for Education, the hon. Member for Brentwood and Ongar (Alex Burghart).
An error has been identified in my response to my hon. Friend the Member for Christchurch (Sir Christopher Chope).
The correct response should have been:
Alex Burghart
Turning to amendment 2, the Bill seeks to exempt 16 to 18-year-olds from the provision of guidance on options available for 16 to 18 education or training, including apprenticeships. That guidance is thought to be unnecessary, as 16 to 18-year-olds who are not in compulsory schooling will have already chosen their post-16 options. If we adopted this amendment, schools would be obliged to provide 16 to 18-year-olds with guidance on post-16 education or training options, which might simply waste their time and schools’ resources. In fact, that exemption—it must be noted—is already in force through the Careers Guidance in Schools Regulations 2013, so the Bill simply seeks to move what we have previously had into primary legislation: it is more of a tidying-up exercise.
Education (Careers Guidance in Schools) Bill
Alex Burghart ExcerptsFriday 14th January 2022
(2 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Education (Alex Burghart)
You are very kind, Mr Speaker, and it is lovely to be here with you this Friday morning.
What a very interesting debate we have had on the amendments of my hon. Friend the Member for Christchurch (Sir Christopher Chope), even if some of our colleagues have been so anxious to get onto Third Reading. I can understand why, but we do have a couple of very important amendments to discuss.
I must declare a small amount of interest: I grew up very close to my hon. Friend’s constituency. Many is the time that I have cycled past Ferndown Upper. I am delighted to hear that it is joining us on the T-level journey, which will help transform the lives of so many young people who want to have excellent vocational training as well as qualifications that have been designed with employers. They want to get that really serious long-term experience on the job while they are still at school or in college, knowing that they are getting the skills that the economy needs. I am absolutely delighted that Ferndown is part of that journey.
I often think of my hon. Friend when I am reading the Anglo-Saxon Chronicle, which is one of my favourite early medieval texts. As you will know well, Mr Speaker, after King Alfred the Great died, his nephew, a nobleman, tried to seize the throne. He did so by starting at Tweoxneam, which is the archaic name for Christchurch. Whenever I think of that noble rebel of old, my mind sometimes flits to my noble friend from Christchurch today.
The thrust of my hon. Friend’s amendments is extremely important, because it focuses on quality, and the quality of our careers advice and careers service that we intend to provide young people is paramount. This was something that was central to a debate on Tuesday in Westminster Hall, which, sadly, I was unable to attend. Those present got the Minister of State instead of the mere Parliamentary Under-Secretary of State, so they benefited from my absence.
The work that we are doing in the Department for Education centres on this very important issue of quality, and there are a number of changes that we have introduced, and are introducing, on that score. One key thing the Secretary of State has done is commission Sir John Holman to undertake a review of careers advice in the round, not just for young people, but for adults and those furthest from the workplace. I met Sir John yesterday. His work is coming along extremely well. We are looking forward to getting the formal findings of his report in the summer. We are also seeing accelerated progress in schools and colleges of the enterprise adviser—
Mr Speaker
Order. I think the Minister is almost in danger of doing his Third Reading speech. This is about the amendments—whether we do or do not support them and where we are going with them. I think Members would like to hear this speech in the Third Reading debate rather than now.
Alex Burghart
Absolutely, Mr Speaker. The thrust of my hon. Friend’s amendments is about quality in the careers service, which is very much where I was trying to go in my remarks. I will speed ahead to the specifics, and perhaps we will come back to the general points on Third Reading.
Given the challenges that young people have faced throughout the pandemic, there has never been a more important time to help them plan for the future with confidence. That is why, as I say, we are focusing on quality. That said, the two amendments that my hon. Friend the Member for Christchurch has tabled, however well intentioned, are unnecessary.
Sir Christopher Chope
I much appreciate the Minister’s comments, and his exemplification of the importance of Christchurch—of Tweoxneam—in the history of our country. I am glad that he is so well read in his subjects and knows the locality. I am sure that that had nothing to do with the decision to award this money to Ferndown Upper School, but nevertheless, it is very much appreciated.
I accept what the Minister says about amendment 2—it was very much a probing amendment. However, I invite him to reflect further on amendment 1, because at the moment the Bill says that
“The responsible authorities must secure that careers guidance provided under subsection (1)…is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.”
Surely, the school should be taking the responsibility for ensuring that the careers guidance that is provided promotes the best interests of pupils. The Minister did not really address the points that I was making about the number of schools that are not complying with any of the eight Gatsby guidance principles.
Alex Burghart
My hon. Friend is right about the one in five schools, but allow me to turn that figure on its head: from a standing start really quite a short time ago, four in five schools are now complying with large numbers of the Gatsby benchmarks, and are improving. Our Ofsted regime will include adherence to those benchmarks in its handbook, and I remind my hon. Friend that as part of our post-covid work, all schools will be inspected by Ofsted between now and summer 2025. As far as we are concerned, this is a genuine accountability measure.
Sir Christopher Chope
I appreciate that, but one in five schools is not complying with any of the eight Gatsby principles that I read out, so surely we need to take action sooner than on the timescale to which the Minister refers. That is not a matter for legislation—his Department needs to get a grip on it. If schools are not complying with the basic principles set out in Gatsby, why is that, and why are they not being held to account?
I return to amendment 1. If a school transfers responsibility for careers guidance that is in the best interests of pupils to a provider who gets it wrong, there is no way in which that school can be held to account for having chosen a duff provider. The school will always be able to say in defence, to an Ofsted inspector, for example, that the provider thought that it was working in the best interests of the pupil to whom guidance was being given.
Sir Christopher Chope
The Minister shakes his head, but if the Bill retains the phrase
“the person giving it considers”,
surely we are accepting a subjective test rather than an objective one. I will give way again to the Minister.
Alex Burghart
I was not seeking to intervene, but I am glad to take the opportunity. Ofsted would obviously hold the school accountable for procuring poor careers advice. I very much appreciate my hon. Friend’s point, but, to be clear, we take accountability for careers advice very seriously and we wish to drive up quality. We believe that it is in the best interests of the pupil to have independent careers guidance in schools where possible, from independent careers advisers who act, and are trained to act, in the best interests of pupils. I hope he will appreciate that we are working towards the aims that he sets out. It is a serious measure to have reference to Gatsby in the Ofsted handbook and a programme to inspect all schools against it, and I hope that no one will make light of that.
Sir Christopher Chope
I much appreciate that full intervention to further clarify the Government’s intentions. In the end, the proof of the pudding will be in the eating. We will have to see whether we get the improved quality in careers guidance that everyone in the House wants and on which the Government and Opposition are united.
I thank the hon. Member for Chesterfield (Mr Perkins) for his comments. I do not always get compliments from the Opposition, but I much appreciate them and take them to heart, as indeed I do the support that I have received from my hon. Friends. They are waiting to deliver their Third Reading speeches, but they nevertheless had a good formula for commenting on the amendments, which was basically, “My hon. Friend the Member for Workington (Mark Jenkinson) has got it right and we do not need to comment any further.”
My hon. Friend the Member for Workington has worked hard on the Bill and it is great that he has given us an opportunity to raise these issues and focus on quality. He echoes what the Minister said about the amendments being unnecessary. I will not put the amendments to a vote, so let us hope that they prove to be unnecessary. We will have to see whether the good intentions materialise. For that reason, I once again express my appreciation to all hon. Members who have contributed to this short debate, and to the Minister in particular, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Third Reading
Alex Burghart
What a pleasure it has been to take part in this debate. We have had some medieval history from me, some family history from my hon. Friend the Member for Hertford and Stortford (Julie Marson) and some personal and socialist history from Opposition Members—or the Opposition Member, I should say.
We all thank my hon. Friend the Member for Workington (Mark Jenkinson) for this excellent Bill, which will improve a lot of young people’s lives. That is what we are all here to do. The Government are fully committed to education and to careers education and guidance, which is an essential underpinning of our reforms. It has been clear at every stage that the Bill has cross-party support and co-operation, and I genuinely thank the hon. Member for Chesterfield (Mr Perkins) for his party’s support during the Bill’s progress.
We are at an important juncture for skills reform in this country, and I thank my hon. Friends for supporting the Skills and Post-16 Education Bill, which will soon return to the House on Report. The careers work we are pleased to be doing with my hon. Friend the Member for Workington underpins a lot of that Bill, and it is wonderful to hear my hon. Friends cite great examples from their constituencies for us to dwell on.
My hon. Friend the Member for Beaconsfield (Joy Morrissey) made a powerful speech on what happens in alternative provision settings. These young people, on whom so much rests, have too often been forgotten. The most important piece of careers advice I ever heard was on a visit to an alternative provision setting in Wandsworth about 12 years ago. It was a fantastic setting in which the headteacher had created a number of studios for practical vocational education: a car mechanic’s workshop; a hairdressing salon; a cookery school; and a bricklaying studio. The headteacher said to the gentleman who taught bricklaying, “Will you tell our visitor what your last job was? This is what you tell all the pupils.” And the bricklayer said, “I was an armed robber. I earned £10,000 on my last job and now I earn nearly £30,000 a year working here.” That was an extraordinarily valuable and inspiring careers lesson for young people to hear in such a setting.
We want to make sure that young people in all settings, regardless of their background, have access to high-quality careers education, which is what our reforms will do. We want to level up opportunity, and the reforms set out in our skills for jobs White Paper will give a genuine choice between high-quality technical and academic routes. It is vital that everyone has access to careers guidance of the highest standards so that they are well informed on what will happen afterwards.
We cannot overstate the importance of careers advice, and I thank all hon. Members for their contributions at this and previous stages. I congratulate my hon. Friend the Member for Workington again on bringing this Bill to the House.
Education
Alex Burghart Excerpts(2 years, 4 months ago)
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Alex Burghart
It has been this Government, during the pandemic, who have paid employers and providers £1,000 when they take on apprenticeships for young people aged 16 to 18.
[Official Report, Skills and Post-16 Education, Public Bill Committee, 2 December 2021, Vol. 704, c. 92.]
Letter of correction from the Under-Secretary of State for Education, the hon. Member for Brentwood and Ongar (Alex Burghart).
An error has been identified in my speech.
The correct information should have been:
Alex Burghart
It has been this Government, during the pandemic, who have paid employers up to £3,000 when they take on an apprentice.
School Openings: January 2022
Alex Burghart Excerpts(2 years, 5 months ago)
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Robert Halfon (Harlow) (Con)
To ask the Secretary of State for Education if he will make a statement on preparations for school openings in January.
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
I am very grateful to you for granting this urgent question on a day when the Schools Minister is out of town, Mr Speaker.
The Government are committed to ensuring that schools open in January as normal. The classroom is the very best place for children’s and young people’s development, and we are incredibly grateful to teachers and all education staff for all they have done to maintain face-to-face learning. Protecting education continues to be our absolute priority.
The Government have taken action to help manage the omicron variant, and the Prime Minister has already announced that we are turbocharging our covid-19 booster programme to offer every adult in England a vaccine by the end of the year to protect people from it. We have set out clear plans for school openings in January, including on-site lateral flow testing for secondary school students on return; continued regular testing at home for the education and childcare sectors; and a comprehensive contingency framework to manage outbreaks.
As of 1 December, more than 95.2 million tests have been completed across all education settings, and the Government have made more than £100 million of funding available to education settings to support costs. Schools and education settings have a range of measures in place to manage covid and to reduce transmission, including regular testing, additional hygiene practices, increasing ventilation, and procedures for managing confirmed cases.
From Tuesday 14 December, a new national daily testing of covid contacts policy was introduced. That means that young people and fully vaccinated adults who are identified as a close contact of someone with covid may take an NHS rapid lateral flow test every day for seven days and continue to attend their setting as normal unless they have a positive result.
We also recommend that older students and staff wear face coverings in communal areas and we have supported education settings to improve ventilation. The Government committed to delivering 300,000 carbon dioxide monitors by the end of this term; we have already delivered more than 329,000, with more than 99% of eligible settings having received monitors.
Every child aged 12 and over is eligible to receive the vaccine. We encourage all children and parents to take up that offer as soon as possible, if they have not already. It is vital, though, that all of us, including parents, carers, teachers and everyone working in education, goes out as soon as they possibly can to get their booster jab to protect the NHS, our way of life and education.
Robert Halfon
Thank you for granting this urgent question, Mr Speaker.
Despite the heroic efforts of teachers and support staff in Harlow and around the country who have worked tirelessly to keep students learning, the four horsemen of the education apocalypse have been galloping towards our young people in the form of a widening attainment gap, an epidemic of mental health problems, a rise in safeguarding hazards and a loss of life chances. We know that the attainment gap between rich and poor students is getting worse, and that the number of children being referred to mental health support services has increased by 62%. We know the damage that school closures bring, and 100,000 ghost children are missing almost entirely from the school roll. Yesterday, the Department for Education released new figures showing that more than 230,000 children were not in school because of covid-related incidents.
The Government have stated that they want to keep schools open, but what is the plan in order to do so? What measures are being taken to ensure that, should education staff be required to isolate, there is a network of supply teachers ready to step in? Is additional funding being made available to provide adequate ventilation in schools?
The Health Secretary is right to say that we should protect the NHS, but why can the Department for Education not say that we have to protect our children’s futures? Why do we not have advertisements about that? What mental health support is being given to our young people affected by the pandemic? What assessment is being made of the impact of lost learning on students in critical exam years?
There is a nationwide campaign for an army of NHS volunteers, but not for education. Why is a similar army of retired teachers or Ofsted inspectors not being recruited to support schools struggling to cope with staffing requirements? Can we not have the same vision, the same passion and the same resource provision for the education service as we do for the national health service?
Despite the Government’s assurances, it seems to me that, sadly, we are moving towards de facto school closures. I urge Ministers to prove otherwise.
Alex Burghart
I thank my right hon. Friend, the Chair of the Select Committee on Education, for his question. I know how much the subject means to him, and I am sure he recognises how much it matters to everyone in the Department for Education. We are absolutely clear that the best place for schoolchildren is in school, that the best thing for schoolchildren is to have face-to-face teaching and that, as the Secretary of State said at the weekend, he will do everything in his power to ensure that that continues.
We have a range of work under way in response to this fast-moving situation. Currently, I believe that there are 14 hospitalisations from omicron and that the rate of the doubling of cases is about every two days. At the weekend, the Secretary of State was on “The Andrew Marr Show”, where he said that he thought that about a third of cases in London were omicron. That number is already now over 50%, so to deal with this we have set about four things: testing, vaccination, ventilation and hygiene. Those are the ways in which we will absolutely back schools to make sure that in-classroom teaching can continue. We are recommending that all secondary school pupils will be tested right at the start of next term. We are offering a small amount of flexibility on the time at which schools can go back in order to make sure that this testing can take place, and we are offering additional funding to make sure that this testing is available. I reassure the House that schools have and will have all the testing facilities they require.
On vaccination, six out of 10 of those aged 16 and 17 have already been jabbed, and more than 80% of everybody in the population aged 12 and over has received at least two jabs. That remarkable achievement has been made possible by our world-leading vaccine procurement and roll-out. As I mentioned, 99% of schools have received the carbon dioxide monitor, and schools are running comprehensive and advanced hygiene programmes. The key to our success in the battle against omicron will be the booster programme. This is a national mission of the utmost importance and severity. The Government are throwing the kitchen sink at making sure that before schools get back all adults will have had the chance to have their booster. That is the way forward; it is how we maximise our chances of making sure that our children get the world-class education they deserve.
Stephen Morgan (Portsmouth South) (Lab)
First, let me thank school staff, governors, parents and pupils across the country for their dedication and hard work during a year of unrivalled difficulties. However, the Government’s complacency means that we are now in a race against time to protect children’s health and education as the omicron variant spreads. Yesterday’s absence figures showed that 235,000 children are now out of school because of covid, which is an increase of 13% in the past fortnight. An average of 175,000 children have been out of school every day this term. This ongoing disruption to education comes on top of pupils missing an average of 115 days of in-person school between March 2020 and July 2021. The Government have serious questions to answer about why further steps have not been taken to reduce the spread of covid among pupils.
We know that vaccination and ventilation are vital to these efforts, but Ministers are falling short on both. The Scientific Advisory Group for Emergencies first highlighted the importance of ventilation in schools in May 2020, but 19 months on the Government have failed to act on its advice. This is literally a problem the Government could have fixed while the sun was shining, but instead their failure to get measures in place is pushing schools to open windows, despite plummeting temperatures and while school energy bills rocket. Therefore, will the Minister immediately publish interim findings of the Bradford pilot of air purifiers and work with all schools to implement recommendations from that?
On vaccinations, we find that nationally less than half of 12 to 15-year-olds have had a vaccine. Ministers missed their own target to offer everyone in that age group a jab by October, and they have not set a new one yet. Perhaps most concerningly, the weekly number of jabs administered to 12 to 15-years-olds has dropped by 80% since half term. Will the Minister commit to deliver a vaccine guarantee so that all young people can get their jab by the end of the Christmas holidays? Will he also set out what steps he will take to rapidly ramp up the roll-out? Will he adopt Labour’s calls for a clear, targeted communications campaign to parents on the benefits of the vaccination, access to pop-up and walk-in clinics, and the mobilisation of volunteers and retired clinicians? Staff, children and parents are now entering their third school year of disruption. Time and time again, this Government’s failure to plan ahead has left children bearing the brunt of the pandemic. Ministers must stop treating them as an afterthought and act now to avoid chaos next term.
Alex Burghart
I join the hon. Gentleman in his remarks about schools and school staff. We understand that they have worked enormously hard to do the best for children in extremely difficult conditions over the past 18 months. It is important to recognise that the work that they have done throughout has meant that we are now in a position where we have good and improving vaccination rates, good ventilation, good hygiene and good testing in schools. As I made clear in my answer to my right hon. Friend the Member for Harlow (Robert Halfon), that is the key recipe to ensure that schools are in the best possible position, but the national solution to the omicron variant must be—and can only be—boosters, which is why in the next few weeks we need as many people as possible to come forward and take up the Government’s invitation.
We are making an enormous effort to ensure that vaccine centres are available near people, that there are walk-ins, and that people can step forward and take the protection that they, their families and their communities need, and that will mean that we have the best chance for a normal school term in January.
Tim Loughton (East Worthing and Shoreham) (Con)
I am reassured to hear the determination of my hon. Friend to keep schools open, but does he agree that the disgraceful campaign of intimidation waged by National Education Union managers to close down schools earlier this year wreaked huge chaos across schools that will take many years to overcome, including the one in six school-age children who now have mental health problems; the chaos caused to the examination system; the academic catch-up; and the problems from a lack of physical exercise? Will he welcome the measures being proposed by my right hon. Friend the Member for Harlow (Robert Halfon), the Chair of the Select Committee, and will he agree that, given the extraordinarily heroic efforts of our headteachers and teachers through difficult circumstances, ultimately the decision on safety and keeping schools open should be left to individual heads?
Mr Speaker
Order. We do not need any extra comments, Mr Gullis. You were hoping to catch my eye and I was thinking about coming to you next, but you obviously do not want me to.
Alex Burghart
I thank my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), the former Children’s Minister, for his remarks. We are absolutely determined to do everything that we can to keep schools open. My right hon. Friend the Member for Harlow asked how we are going to maintain the workforce. I remind the House that during the surge of the delta variant, the Department created the workforce fund, which enabled the vast majority of schools to stay open, even in the teeth of that variant. We still have the workforce fund, and intend to say more about it in the next few days.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I urge the Minister to take very seriously the morale out there in schools. We spend a lot of time, quite rightly, thanking NHS staff as frontliners, but teachers and the whole school community are also wonderful, hard-working people, so let us look carefully to morale and to the health of our children, which is paramount. Will he also look at early years and nursery provision, which is essential to people who want to go to work and have their children looked after properly? Will he please talk to the people at the National Day Nurseries Association, which is based in Huddersfield, because they are the experts?
Alex Burghart
The hon. Gentleman obviously has enormous expertise in this field, as former Chair of the Education Committee. I reassure him that the Under-Secretary of State for Education, my hon. Friend the Member for Colchester (Will Quince), the Children’s Minister, is in regular contact with the group that he mentions. Education being open is vital to the national effort. It is education settings being open—particularly for key workers, as they were at all stages throughout the pandemic—that means that the NHS can function, that people who are seriously ill can get treatment, and that the rest of the economy, where possible, can keep functioning. I absolutely understand what the hon. Gentleman is saying.
Mr Mark Harper (Forest of Dean) (Con)
May I put on record my thanks to the headteachers, teachers and all the staff at schools in the Forest of Dean for the huge effort that they have made both during the period when they were closed and delivering remote learning, and since they have had children back at school?
Once again, there are rumours—only rumours at this point—that the Prime Minister is intending to hold another press conference today. Will the Minister confirm whether that is indeed the case, and, if it is, that there will be a statement in this House setting out whatever measures are to be announced?
Alex Burghart
I thank my right hon. Friend for his question. He is an experienced Member of this House and he will know that Under-Secretaries of State are not always informed of what is happening right at the very centre, but I am sure that the powers that be will have heard his question.
Steve Brine (Winchester) (Con)
The Prime Minister has been very clear that Christmas concerts and nativity plays should go ahead, the Secretary of State for Health and Social Care has said exactly that to me from the Dispatch Box, and we have heard what the Minister has said today, yet Zoom has never heard more “Silent Night” and we have state schools already closed for Christmas and teaching unions calling for a staged return in January. I have heard what the excellent Minister has said and it is very welcome, so I do not require the list again, but what are the Government actually going to do, legally, to see that their will is enforced and that schools are back, as they should be—as they need to be—in January? Where on earth are the Labour and Liberal Democrat MPs? What could be more important than this?
Alex Burghart
In answer to my hon. Friend’s second question, I think it is clear that they are off on their holidays. In answer to his first question, we absolutely want and expect education settings to be open, we want and expect children to be taught in person, and we want and expect school life to go ahead.
Sarah Green (Chesham and Amersham) (LD)
Our children cannot afford for schools to close again or to miss more face-to-face teaching through absence. As has been mentioned previously, evidence shows that ventilation equipment in schools reduces the airborne risk of coronavirus by up to 70%. Other countries have already rolled out ventilation equipment to their schools and are seeing the benefits. When can we expect the results of the Bradford pilot scheme to be published, and when can schools expect ventilation equipment to be delivered? It is needed now.
Alex Burghart
As the hon. Lady will have heard me say already, we take ventilation and the quality of air extremely seriously. That is why we have achieved our public commitment of delivering 300,000 carbon dioxide monitors over the autumn term; in fact, we have excelled on our target. We are absolutely clear that ventilation is one of the four pillars that will help us best maintain school in person.
Claire Coutinho (East Surrey) (Con)
May I put on the record my thanks to the hard-working teachers and heads in East Surrey for keeping the schools open during the delta variant? During that time, one teacher told me that they were more worried about the fear that was spreading in children than they were fearful of the variant itself. I have never been more ashamed of the Labour party than in its inability to stand up to the unions when they were muddling the story of safety in schools. Will the Minister please reassure us that he will be able to try to maintain confidence in schools and keep them open? That is the best thing for the future of our children.
Alex Burghart
My hon. Friend raises an extremely important point. Like her, I have been extremely impressed at how calm a head the education settings I have visited and spoken to have managed to keep in the midst of a crisis, despite the quite unnecessary pressure that certain groups have put on them.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his positive answers. Does he agree that for some children, Christmas at home is not a time of joy, and that the mental health and wellbeing of pupils must be weighed as a concern? Will he outline what discussions have been had with the Northern Ireland Education Minister to share information in an attempt to see that every region of the United Kingdom implements the right strategy in terms of health and education?
Alex Burghart
I can reassure the hon. Gentleman that, at official level, we are in constant dialogue with our friends and partners in Northern Ireland. There is a great deal that we can learn from each other and that we continue to learn from each other.
Mark Jenkinson (Workington) (Con)
This week, for the second year in a row, I am delivering nearly 7,000 Christmas books—one to every primary school child in my constituency—to spread a bit of cheer after another difficult year. Will my hon. Friend take this opportunity to remind the militant unions that a majority of teachers and heads share his desire to keep all children in school at all costs? Will he commit again to doing all he can to support the hard-working teachers and heads across the Workington constituency who share the desire to keep their schools open in the face of pressure from a loud minority?
Alex Burghart
I have always considered my hon. Friend to be a spreader of good cheer, and I now have a wonderful image of him traipsing around his constituency with a large sack upon his back. I can only echo his remarks; the headteachers and school leaders I meet share his and the Department’s determination to do the best for their children.
Mrs Flick Drummond (Meon Valley) (Con)
May I take this opportunity to thank all the teachers and school staff in Meon Valley for their amazing work during the pandemic? May I ask my hon. Friend to give schools and headteachers plenty of warning—hopefully not at weekends—if there are to be any changes to the system?
Alex Burghart
I fully hear what my hon. Friend says. As of this morning, all our guidance is up to date. We maintain a very good conversation with school leaders in what is obviously a very fast-moving situation.
Lia Nici (Great Grimsby) (Con)
I would like my hon. Friend to thank all the school teams and college teams in and around Great Grimsby, as well as the employers who are offering placements to our students.
An issue that we have in Great Grimsby is literacy and numeracy. Our primary schools have told me that their in-school additional tutoring is making the biggest difference, so we need to make sure that parents understand that it is important for their children to be at school and not to be afraid. Will my hon. Friend make sure that we now get the message out to parents: “School is safe, and school is the best thing for your children”?
Alex Burghart
I am very happy to echo my hon. Friend’s remarks about Great Grimsby. I look forward to telling education leaders myself when I visit in the new year. Absolutely, the message goes out: we know what is best for children and we are trying our very best to make sure that it happens.
Ben Everitt (Milton Keynes North) (Con)
Testing for school pupils has become something of a regular occurrence for households across the country, including my own. Can my hon. Friend confirm that covid-19 tests will continue to be distributed to schools and pupils so that we can monitor the incidence of outbreaks of the virus?
Alex Burghart
Absolutely. I am very happy to confirm that schools have and will have the testing capacity that they need.
Tom Hunt (Ipswich) (Con)
It was fantastic to be out last week in primary schools in Ipswich handing out certificates for Christmas card entries. The artistic future of Ipswich is looking very bright indeed.
When I visit schools in Ipswich, learning loss is often a concern but not the main concern, which is the impact of lack of socialisation and the mental health implications. Will the Minister confirm that if there is a big struggle with teaching unions that do not put enough value on children’s education, he will stand up not just for learning, but for the mental health and social development of all our young people?
Alex Burghart
Absolutely. We have been very keen to make sure that we invest in the mental health of children and young people, following what has been an extremely difficult 18 months. I am very happy to join my hon. Friend in praising the primary school children of Ipswich and their artistic prowess.
Miriam Cates (Penistone and Stocksbridge) (Con)
School closures have been a welfare catastrophe for millions of vulnerable children. During the pandemic, there has been a 77% increase in self-generated sexual images of children online, and referrals have doubled for paediatric eating disorders. Some 2.2 million children in England live in households affected by addiction and abuse, yet in the first lockdown just 6% of vulnerable children attended school. What will my hon. Friend do, and what can we do as parliamentarians to support him, to make sure that this tragedy never again happens to our vulnerable children?
Alex Burghart
My hon. Friend is a very powerful advocate for the cause that she raises. Those are shocking statistics.
We kept education settings open throughout the pandemic for the most vulnerable children. Where pupils who are self-isolating are within our definition of “vulnerable”, it is very important that we have systems in place to keep in contact with them, particularly if they have a social worker.
Bob Blackman (Harrow East) (Con)
I congratulate headteachers and staff across Harrow, who have kept schools open during very difficult and challenging times. I am a very strong supporter of the vaccine programme and testing, but many of our children will be mixing over Christmas with people from across the country and may inadvertently and regrettably catch covid. Will my hon. Friend and the Department issue guidance telling children and families that they should be tested before they go to school, not when they get to school? Inadvertently, they could spread covid once they are in school being tested.
Alex Burghart
We encourage everybody to test regularly. To do our very best to ensure the next term starts well, we will be encouraging all secondary school pupils to be tested right at the start of term and we are introducing a degree of flexibility on start dates to achieve that. Schools are now very experienced in making sure they take precautions so that infection is not spread when children are together and preparing to be tested.
Laura Trott (Sevenoaks) (Con)
I welcome the Minister’s words about keeping educational settings open as a priority, but will he go further and guarantee that primary schools will be kept open? We know that children that young cannot learn properly online, and that the damage to their education and wellbeing is immense. It is unthinkable that we will not keep them open to all children, whatever happens.
Alex Burghart
I thank my hon. Friend for her remarks. She is a very powerful advocate for the position she has just set out. I repeat what the Secretary of State said at the weekend: he is doing everything in his power to ensure that schools will stay open.
Siobhan Baillie (Stroud) (Con)
I would like to put on record my thanks to Stroud schools and the fact that I have registered with the Department concerns about additional costs arising from tackling covid. On the rumours of lockdowns or further lockdowns, I have spoken to many Stroud parents throughout the pandemic who are incredibly worried about the welfare of their children due to school closures. With the cruel and devastating deaths of young Arthur and Star keeping us up at night, many Stroud parents are worried not only about their own children but about hidden children, and teachers feel the same. Will my hon. Friend confirm that in all discussions with unions, scientific advisers and medical advisers, he refers constantly to the fact that we now know that lockdowns hide evil and damage children’s health?
Alex Burghart
I know my hon. Friend understands these issues extremely well. We very much want to keep schools open. We think schools are the best place for children in the midst of a pandemic, particularly vulnerable children who are in care or on the edge of care. We are determined that social work contact should continue, so that we can ensure those children will be protected.
Jonathan Gullis
I take this opportunity to thank teachers, lecturers, support staff and other educationalists across Stoke-on-Trent North, Kidsgrove and Talke for their fantastic efforts. I spent eight and a half wonderful years working as a secondary school teacher in London and Birmingham, and it is absolutely essential that schools are kept open. I do not want to hear from the Minister that we are going to do everything we can; I want to hear simply that they will stay open. More than ever, secondary school teachers want assurances that exam plans for summer 2022 will go ahead as normal. The Labour party is stuck in the vice grip of the National Union of Teachers, so we need to ensure that we do not listen to them but to teachers who know that exams are always the best way forward.
Alex Burghart
It is always a pleasure to answer questions from my hon. Friend, who is an extraordinarily passionate advocate for children and education. He will have heard what I said. We want schools to stay open. We want exams to go ahead. We are working to that end.
Mr Harper
On a point of order, Mr Speaker. You heard me ask the Minister, in the urgent question, whether there were plans for a press conference today. No. 10 has now confirmed that the Prime Minister and the chief medical officer will be carrying out a press conference. No. 10 has briefed the media that new information and the latest data on omicron will be provided. I understand that the chief medical officer was scheduled to give evidence to a Select Committee this afternoon. That has now been postponed until tomorrow, so it looks like the new information, instead of being provided first to Members, will be provided to the media. Have you had any notice of an intention of a Minister to come to the House at the end of business today to update Members on the booster roll-out and the latest information about omicron so that we can ask questions on behalf of our constituents?
Skills and Post-16 Education Bill [ Lords ] (Fifth sitting)
Alex Burghart ExcerptsTuesday 7th December 2021
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Skills and Post-16 Education Act 2022 View all Skills and Post-16 Education Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 7 December 2021 - (7 Dec 2021)
The Chair
I can clarify that Government new clause 1 will be voted on later. It was grouped for debate with clause 14 stand part, but there was no debate.
Clause 16
Lifelong learning: amendment of the Higher Education and Research Act 2017
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
Clause 16 amends the definition of “higher education course” in the Higher Education and Research Act 2017 to make express provision for the regulation of modules and to make it clear what a module of a higher education course is, as distinct from a full course.
The current post-18 student finance system does not specifically provide for modules. The lifelong loan entitlement will transform student finance by supporting more flexible and modular provision. This legislative change is needed to provide the explicit underpinning for the delivery of modular provision. This clause makes specific provision for modules by amending part 1 of HERA 2017, which relates to the regulatory regime under the Office for Students.
The amendments relieve higher education providers of certain additional burdens that would otherwise arise from the addition of the concept of modules under HERA.
Mr Perkins
I am grateful to the Minister for moving the clause; he was not here to move clauses 14 or 15 stand part. He has offered no apology to the Committee. As we did not have the opportunity to hear from him before those clauses were voted on, will he explain what happened this morning?
Alex Burghart
I am happy to respond to the hon. Gentleman, and I apologise to the Committee: I was unexpectedly held up on my way here. I apologise to everyone for the inconvenience and for any discourtesy, particularly to you, Mrs Miller. The amendments relieve higher education providers of certain additional burdens that would otherwise arise from the addition of the concept of modules under HERA. These relate to certain requirements to provide or publish information under section 9 of that Act.
We want to reduce the bureaucratic burden on providers where possible, and these changes will ensure that the introduction of funding for modules through the LLE will not add to this.
We will consult on the detail and scope of the lifelong loan entitlement in due course. We will take this and other wider engagement into account before we reach a final position on fee limits and will bring forward further primary legislation on this matter.
Overall, the changes in the Bill will help to pave the way for more flexible study and for greater parity between further and higher education.
Mr Perkins
On a point of order, Mrs Miller. I appreciate the Minister’s apology—these things happen—but I was under the impression that in the event of a Minister being unable to move a motion someone else stands in. As a result of no one being here, clauses to the Government’s Bill have passed without debate. For those who made representations, that feels like quite a discourtesy.
I accept the Minister’s apology for his being unavoidably detained, but people listening to our deliberations might well wonder what the Government’s intentions are as the Bill has been unable to be amended.
May we have your advice on how this unavoidable situation can be put right so that people can at least understand the Government’s thinking?
The Chair
With this, it will be convenient to discuss new clause 8— Benefit eligibility: lifelong learning.
The secretary of state must ensure that no learner’s eligibility to a benefit will be affected by their enrolment on an approved course for a qualification which is deemed to support them to secure sustainable employment.
Alex Burghart
Clause 17 seeks to change the law so that some students could keep their universal credit entitlement while studying.
It may help if I explain to the Committee that financial support for students comes from the current system of learner loans and grants designed for their needs. Section 4(1)(d) of the Welfare Reform Act 2012 sets out that one of the basic conditions of entitlement to universal credit is that the person must not be receiving education, which is defined in regulations made under subsection (6).
Where students have additional needs that are not met through this support system, exceptions are already provided under regulation 14 of the Universal Credit Regulations 2013, enabling those people to claim universal credit. This includes, for example, those responsible for a child—either as a single person or as a couple—or those aged 21 or under studying non-advanced education, such as A-levels, who do not have parental support.
It is an important principle that universal credit does not duplicate the support provided by the student support system. The core objective of universal credit is to support claimants to enter work, earn more or prepare for work in the future. There is an expectation that people who are able to look for work or prepare for work do so as a condition of receiving their benefit.
Let me reassure the Committee about the important work already that is under way. Officials at the Department for Education and the Department for Work and Pensions are working closely together to help to address and mitigate the barriers to unemployed adults taking advantage of our skills offers. For example, DWP Train and Progress is a new initiative aimed at increasing access to training opportunities for claimants. As part of this, in April 2021, a temporary six-month extension in the flexibility offered by UC conditionality was announced. As a result of this change, adults who claim universal credit and are part of the intensive work search programme can now undertake work-related full-time training for up to 12 weeks —or up to 16 weeks as part of a skills bootcamp in England—without losing their entitlement to UC. That builds on the eight weeks during which claimants were already able to train full time without losing their UC entitlement. This flexibility has now been extended to run through to the end of April 2022. Such measures are helping to ensure that UC claimants are supported to access training and skills that will improve their ability to gain good, stable and well-paid jobs. Claimants who enrol on a longer course that is not advanced education can also retain their entitlement to UC, provided they can still meet their UC conditionality requirements.
More broadly, we are continuing to support working families on UC. As we set out at the spending review, we have reduced the taper rate to 55% and increased work allowances to £500 per year, allowing UC claimants to keep more of what they earn. This is an effective tax cut worth £2.2 billion, meaning that almost 2 million of the lowest paid in-work claimants are better off overall by around £1,000 a year on average. We do not think it is necessary for the UC regulations to be amended in this way, and the clause should therefore be removed from the Bill.
New clause 8 seeks to ensure that eligibility to benefit is retained for claimants undertaking certain courses deemed to support them to secure sustainable employment. In addition to what I have stated on universal credit and Train and Progress, claimants on new-style jobseeker’s allowance are able to undertake a full-time course of non-advanced study or training—not above level 3—for up to eight weeks if work coaches identify a skills gap and are satisfied that it will improve the claimant’s prospects of moving into work more quickly.
The time spent on the course can be deducted from the hours of work search that the claimant is expected to undertake. Claimants on new-style employment and support allowance can already receive benefits while in education, whether full or part-time study, as long as they satisfy the eligibility conditions.
The DWP is monitoring the impact of Train and Progress, with the review date due in April, and will make decisions on continuing based on the evidence available. This will include the potential to extend the legacy benefit groups that have not transitioned to UC.
New claims for legacy benefits are no longer possible, so this is a diminishing case load. Existing claimants can still study part time as long as they meet their conditionality requirements and are willing to give up their study for employment, which they have agreed to look for.
The core objective of universal credit and other working-age benefits is to support claimants to enter work where appropriate, earn more or prepare for work in the future. There is an expectation that people who are able to look for work or prepare for work do so as a condition of receiving their benefit. We therefore do not think it is necessary or appropriate to change eligibility criteria to benefits for those who enrol on a course, so the clause should not stand part of the Bill.
Mr Perkins
It is vital that the cross-party support in the House of Lords on ensuring that those in receipt of universal credit are not penalised for undergoing level 3 training is upheld in the Bill.
What the Minister just said, however, somewhat undermines other things that we have heard from him and other members of the Government about the importance of skills training and education. Much of the Government’s approach to skills, which we support, has been about the importance of qualifications and apprenticeships being proper qualifications that are given depth and that develop people’s learning. For that purpose, apprenticeships are a minimum of one year; level 3 qualifications are longer, and even level 2 apprenticeships are a minimum of one year.
It appears that the Government’s approach to universal credit is that those who are seeking to get themselves into the jobs market should be allowed to do very basic training of the sort I have seen on many excellent work programmes, but that if they want to develop the qualifications they would gain on a one-year course they will be unable to do so while claiming universal credit.
It is essential that those who are furthest from the labour market have every opportunity to find work.
Alex Burghart
What one-year courses is the hon. Gentleman thinking of where claimants may continue on universal credit while studying?
Mr Perkins
Apprenticeships are a one-year course. Many people might be on an apprenticeship and on universal credit. I have had the opportunity to see many courses that people are not on for longer than what the Minister said and face perhaps significant barriers to accessing the world of work. We have real concerns, which were shared by those in the other place, that rather than helping people to move from universal credit into work this programme will prevent them from doing so.
Matt Western
It is a pleasure to serve under your chairship, Mrs Miller.
I support clause 17 and new clause 8, tabled by my hon. Friend the Member for Chesterfield and me. The new clause relates to the universal credit conditionality clause that was inserted during Lords consideration of the Bill by the Lord Bishop of Durham and Baroness Bennett of Manor Castle. It relates to the issues surrounding adult learners who are unemployed and in receipt of universal credit, who would remain entitled to that benefit within law if they were on an approved course.
To put it simply, the current welfare system actively discourages people from getting the skills that they need. A person loses their rights to receive unemployment benefits if they take an educational training course. Surely that cannot be right. The “Let them Learn” report from the Association of Colleges that was published recently highlights the great work of colleges with Jobcentre Pluses to support unemployed people into work. In fact, the Association of Colleges described the current system as “unjustifiable and incoherent”. Indeed, the principal of my local college wrote to me ahead of our consideration of the Bill to express her concern about the universal credit restrictions. She viewed them as causing barriers to retraining and upskilling. That cannot be right.
The truth is that unemployed people, or those in low-paid jobs, are the least likely to take out a loan for fear of risking greater indebtedness and poverty for themselves and their families. As someone who in the course of their career did courses at evening classes, I know that access to such courses is really important. However, if someone cannot afford to get to them, they simply will not take them up. The truth is that this will impact far more on certain groups than on others. We know that 53% of those on universal credit are women. We know that, as of July 2021, 30% of claimants were aged 16 to 29; 40% of people on universal credit are working.
How can those workers justify taking a cut in their monthly pay and finding time to reskill? Indeed, the Department for Education’s impact assessment reveals that the cost of study is the greatest barrier to further study. That is why we propose new clause 8 and will vote against the Government. We believe that the clause introduced by the Bishop of Durham and Baroness Bennett of Manor Castle should be in the Bill.
Alex Burghart
We believe that it is important that the welfare system helps people to get into work as quickly as possible, but we are not blind to the fact that some people will need or desire additional training. I referred to the flexibilities we have introduced to allow people to do bootcamps—a very productive way of reskilling at speed. On my visits to Salford, Bedford and Doncaster I met people who had been referred by their work coaches and were acquiring new skills that would often lead them into new professions.
Similarly, as the hon. Member for Chesterfield mentioned, it is possible for people to be on apprenticeships while claiming universal credit if their pay is low enough, and courses for the new lifetime skills guarantee that the Prime Minister made will often be available to people who are on universal credit.
We have shown that the system is capable of flexibility. We do not believe that people ought to be able to claim benefit while on long courses. However, there are opportunities to skill up, move into work and still receive some protection from universal credit.
Question put, That the clause stand part of the Bill.
Alex Burghart
Amendment 50 would require the Secretary of State to publish a review of student maintenance entitlements, to be conducted annually, I believe. We agree wholeheartedly with the importance of ensuring students are supported to enable them to succeed in their studies. The Government’s ambition for the lifelong loan entitlement is to help those studying at higher levels to have the opportunity to choose the best course or modules based on their learning needs, rather than just choosing the funding system that is most advantageous for them.
In our forthcoming consultation on the LLE, we are seeking to understand better the barriers that learners might face in accessing it, and how the availability of maintenance loans and other forms of support could help. It is crucial that we consider the importance of creating a sustainable student finance system.
Rachel Hopkins
I thank the Minister for taking my intervention. In the earlier part of the debate, when the Minister was not in place, we were not able to consider Sharia-compliant loans. Will the Minister please include that in his comments?
Alex Burghart
I believe we will come later in the debate to another clause that treats the subject of Sharia, and I will be happy to address the hon. Lady’s point then. It is something that the Government will consider.
It is crucial to consider the importance of creating a sustainable student finance system, alongside what will be necessary to ensure that the Government can offer all eligible students the opportunity to study. However, as with clause 18, imposing an annual reporting requirement would create an unnecessary burden upon Government and the taxpayer. The student support regulations are updated annually, as it is, providing the Government with a regular opportunity to introduce improvements. In addition, introducing a review requirement before the maintenance policy is finalised would be untimely, and would pre-empt the outcome of the LLE consultation.
The Bill already provides the necessary powers for maintenance support to be introduced as part of the LLE, if the decision taken is that it should, following the consultation. Advanced learner loans are currently available in further education. Learner support funds are available for adult learners aged 19 and over, and there are bursaries of up to £1,200 a year for students in specific vulnerable groups, such as care leavers. With that in mind, and given that the amendment is burdensome, pre-emptive and unnecessary, we cannot support it.
Matt Western
I rise to speak in favour of amendment 50, which would require the Secretary of State to review maintenance support available to further education students and courses. The Augar review recommended that student maintenance should be extended to cover students in further education as well as higher education. That was one of the important findings in that review. We have been waiting two and a half years for some outcome from the Government, which I hope we will get soon.
The Association of Colleges reminds us in its briefing that many adults will be unable to take up lifelong learning opportunities, because there is no support for living costs when taking a course at that level. Such people will be prevented from transforming their life chances. The Minister will be aware that the Government’s own impact assessment reveals that one of the main barriers to adult learners is the cost of study, including living costs.
Right across the higher and further education landscape, there are calls from many, including the Open University, for an extension of maintenance support to FE students. The Welsh model is interesting: the Welsh Government introduced reforms to tackle that issue by extending maintenance support including, importantly, means-tested grants to all students, regardless of mode of study, while maintaining low tuition fees for part-time study.
Elsewhere, in the written evidence, Birkbeck University argued for a maintenance grant to prevent further hurdles to taking up study. Universities UK states:
“We would…welcome further details on the government’s plans for introducing maintenance support for individuals studying through the”
lifelong learning entitlement
“and, specifically, what would the minimum intensity of study be for individuals to be eligible for maintenance loans.”
Those factors are important. My hon. Friend the Member for Denton and Reddish talked about his own experience the other day. I was lucky enough to go to university many decades ago—
Matt Western
It is hard to believe. The Minister is right on that point but, as a third child, I would not have been able to go were it not for the maintenance grant, back in those days. That is why being given a maintenance grant is very much a mobilising and enabling part of the provision of education, to allow young people the chance to study. Since the removal of the EMA—education maintenance allowance—many have not been able to access education, because they just cannot afford to take the courses without some form of maintenance support.
For those reasons, we tabled the amendment. I very much hope that everyone in Committee will support it.
Mr Perkins
Apologies for the slight delay, Mrs Miller, I was still musing on how long ago it was that my hon. Friend went to university. It was quite a shock. The points he made are important. For that reason, we believe the amendment has merit. We have heard what the Government have said. We will get the opportunity to vote on clause stand part, so we look forward to supporting it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Alex Burghart
The Government agree that many learners need to access courses in a more flexible way to fit their study around work, family and personal commitments, and to retrain as their circumstances and the economy change.
Existing equivalent or lower qualification rules, however, were designed to help maintain a sustainable system. As such, we are designing the lifelong loan entitlement not only to support students pursuing higher and further education flexibly, but to share the costs fairly. We want the lifelong loan entitlement to provide value for money to students, the education sector and the taxpayer.
The complexity of that balance and the transformative nature of the LLE is one of many reasons why we intend to consult on its detail and scope before legislating on eligibility. It is crucial that careful consideration of the needs of providers, learners and stakeholders informs our final policy design, and that we do not pre-empt the consultation’s findings; however, introducing an ongoing obligation to report annually on eligibility before the policy detail is yet finalised may prejudice the outcome of the consultation, as it could indicate a future path for ELQ rules before there has been a chance for open consultation to happen.
Beyond that, the Government believe that a yearly reporting duty in perpetuity would be an undue and disproportionate burden at this stage. Placing such a duty in primary legislation would be restrictive and out of kilter with prior similar legislation passed by Parliament on student finance. For example, the Teaching and Higher Education Act 1998 gave significant powers to the Secretary of State over student finance, with much of the detail of the policy covered in a complex suite of regulations, including eligibility, repayments and fee limits to name but a few.
It would be disproportionate to put a requirement to report in primary legislation when the system is already under continuous review and subject to frequent amendment. Previously, much of the detail on how the system works has been set out in secondary legislation, with necessary monitoring and review undertaken only after changes have been implemented and had time to embed. The Government will of course address plans for review and monitoring as we work towards the roll-out of the lifelong loan entitlement from 2025 and post implementation. I therefore believe that the clause should be removed from the Bill.
Mr Perkins
It is regrettable that the Government will seek to remove clause 18 from the Bill. It was introduced by the Lords for entirely the right reasons. On many occasions we have all seen the Government having to be dragged to the House in order to answer for their performance. The country also faces significant skills challenges. Who would have known a year ago that we would have spent so much of the last few months talking about the heavy goods vehicle driver crisis? Such things arise suddenly.
Given the dynamic state of skills policy—particularly, at the moment, legislatively but also in terms of employers’ ability to access skills—we think that clause 18 is proportionate. It requires the Secretary of State purely to prepare and publish a report on the impact on the overall level of skills in England and Wales of the rules regarding the eligibility for funding of those undertaking further or higher education courses. There is a lot of scope within that. The level of tuition fees in this country is so disproportionate to any other nation around the world, or any of the other major competitor nations in Europe, that inevitably it pushes students to access the courses that will lead them towards the jobs that pay the most.
There are many crucial public servants in this country who might not end up earning king’s ransoms but are performing roles of incredible importance to our country. A regular review of funding and maintenance support in the context of the level of skills is of real value. As a result of that review, the Government might think about being more flexible on tuition fees for certain courses, or taking specific steps to support learners in a variety of areas to study for the specific skills that the Government think will be of most use to our country and economy, and providing incentives for them to do so.
There are all kinds of different professions for which the Government rack their brains about how they can get more people to study. Each year we hear of courses in medical environments, for example, where thousands of places go unutilised. Such a review could push the Government to take the steps required to ensure that the country addresses those areas of skill shortages. It was a sensible amendment by their lordships, and it is regrettable that that very minimal commitment expected of the Secretary of State should be too much for the Government.
Question put, That the clause stand part of the Bill.
Alex Burghart
I beg to move amendment 23, in clause 19, page 22, line 34, leave out subsection (3).
This amendment leaves out clause 19(3) of the Bill (regulations about courses of initial teacher training for further education to include provision about special educational needs awareness training), which was inserted at Lords Report.
The Chair
With this it will be convenient to discuss new clause 2—Lifelong learning: special educational needs—
“When exercising functions under this Act, the Secretary of State must ensure that providers of further education are required to include special educational needs awareness training to all teaching staff to ensure that all staff are able to identify and adequately support those students who have special educational needs.”
This new clause would place a duty on the Secretary of State to ensure that there is adequate special educational needs training for teachers of students in further education.
Alex Burghart
We can all agree that it is vital for teachers to be trained to identify and respond to the needs of all their learners. That must include those with special educational needs and disabilities. However, the Government do not prescribe the content of further education initial teacher training. We believe that experts from the sector are best placed to design training programmes to meet the needs of learners, using a clear occupational standard as their benchmark.
The new occupational standard for FE teaching, published in September, has been developed by representatives from the sector who themselves work alongside and employ teachers. The standard clearly articulates the key knowledge, skills and behaviour that FE teachers must demonstrate. That includes an explicit requirement to actively promote equality of opportunity and inclusion by responding to the needs of all students. We believe that the standard is the right place to set out the expectations of teachers and what their training should cover, and that view is shared by sector experts themselves.
The Universities’ Council for the Education of Teachers has stated that the new occupational standard for teachers in the FE sector
“provides an appropriate framework for the design and delivery of FE initial teacher training programmes—including the new qualification that UCET and other sector groups are currently helping to develop”.
UCET is of the view that
“the standard and qualifications based on it will help to ensure that all new FE teachers are properly equipped to recognise and respond to the needs of their learners—including those with SEND”.
Furthermore, UCET has said:
“It is vital that providers of FE ITT should be able to use their expertise and judgement to tailor training programmes to the needs of trainees and learners within the framework provided by the occupational standard.”
It concludes that
“it would be unhelpful to remove this flexibility by mandating the content of FE ITT programmes in legislation.”
I believe that it is important that we listen to the voices of expertise in the sector and do not unduly tie their hands. We have been clear that we intend to make public funding available only to FE ITT programmes that meet the new occupational standard.
Clause 19(3) as drafted, although honourable in intent, is unhelpfully restrictive. It would require the Secretary of State, when making regulations for the first time under this power, to make provision relating to SEND awareness in FE ITT even if the regulations being made did not bear at all on the content of training programmes. This is, in our view, the wrong way to achieve the right aim.
I want to directly address new clause 2. The Government are already driving up the quality of teaching in further education and strengthening the professional development of the FE workforce. We provide significant funding for programmes to help to spread good, evidence-based practice in professional development. Examples are the T-level professional development offer, which integrates support for learners with SEND throughout its offer, and the FE professional development grant pilot. Making sure that teachers have access to high-quality training and professional development will ensure that learners, including those with SEND, receive the highest standard of teaching.
Our continuing professional development offer for teachers also includes provision delivered by the Education and Training Foundation. That training improves the capability and confidence of the FE workforce to identify and meet the needs of learners with SEND.
Ultimately, providers themselves must make decisions about what training is relevant and necessary for their teachers. That means that they can respond to the specific needs of their learners and those who teach them.
It is also important to note, outside professional development, that under the SEND code of practice there should be a named person with oversight of SEND provision in every college. Those people co-ordinate, support and contribute to the strategic and operational management of the college.
The Government are committed to ensuring that all learners, including those with SEND, are benefiting from outstanding teaching in the FE sector.
Mr Perkins
I rise to oppose Government amendment 23, and to discuss new clause 2, tabled by my hon. Friend the Member for Kingston upon Hull West and Hessle. I believe that clause 19 is an important clarification added to the Bill by the Lords. The Minister spoke passionately about the need for ensuring that those who attended ITT further education courses have awareness of special needs. However, it is precisely because of that that we believe clause 19 is sensible. Government amendment 23 removes clause 19(3), which ensures the duty for initial teacher training providers to provide special educational needs awareness training.
That is particularly important because a huge number of people, later in life, are identifying that they have learning difficulties, be that autism, attention deficit disorder, or Asperger’s syndrome. These were not picked up throughout their school career because there has been such a low level of awareness about such issues within much of the teaching profession.
We know that awareness of issues like autism has improved a great deal in recent years, but there are still many people going through our school system with other conditions, such as dyslexia, dyspraxia and others. With access to the right support, teaching could have been provided that recognised their disability and enabled them to access the curriculum to the best of their ability. It would have also enabled them to understand themselves. That is a crucial point about special needs; we must help people to understand themselves. I have spoken to many people who say, “I always knew I was different, but I never knew what it was. It was only in my 20s or my 30s that I realised.” There is a family member of mine in their 40s who has recently identified having a disability of this kind.
Alex Burghart
We fully understand the sentiment behind the changes that the Lords and the Opposition are trying to make, but we disagree with the way that they are going about them. We think that the occupational standard is the best place to contain such provisions and that the occupational standard is best owned by the profession itself. We believe that the profession ought to hold the ring on such matters. We do not want to set a precedent that every detail of initial teacher training should be set out in primary legislation. For that reason, we are acting as we are.
Question put, That the amendment be made.
Alex Burghart
It is important that the further education sector has enough suitably trained teachers to deliver the high-quality outcomes all learners deserve and that we all want to see. That is why a consistently high-quality initial teacher training offer in further education is needed. Initial teacher training in further education is not regulated, nor is there any primary legislation to allow for regulation. The clause gives the Secretary of State the flexibility to introduce measures through secondary legislation to secure or improve the quality of further education initial teacher training provision. The clause does not place requirements on trainee or practising FE teachers. To be clear, the Government have no intention of reintroducing mandatory qualifications for individual teachers in the FE sector.
We are already working with the sector to bring about the change and improvement needed. For example, we worked with a group of sector employers to support the development of a revised employer-led occupational standard for further education teaching. The clause sends a clear message that the provision of high-quality FE initial teacher training is vital, and therefore that secondary legislation should be introduced to complement and strengthen non-legislative measures where appropriate.
Mr Perkins
We do not oppose the clause. It is of real importance that initial teacher training for the further education sector is put on a statutory footing. We think that this is of particular importance given the scope and scale of the sector, and that many people in FE—probably more than in any other academic establishment—move directly into lecturing from the workplace. There has often been a two-way path between people in all kinds of different vocational environments. For example, mechanics, plumbers and painter-decorators may sometimes practise their chosen trade and at other times move into the further education sector. For that reason, it is important that the best standards of training for those teachers is in place, so we welcome the Government’s putting this on a statutory footing.
Obviously, it remains a regret that clause 19(3) has been deleted. We will continue to press the Government to ensure that, although that provision has been removed from the Bill, there is a real commitment to ensuring a high standard of awareness of special educational needs. On that basis, we will not oppose the clause.
Question put and agreed to.
Clause 19, as amended, ordered to stand part of the Bill.
Clause 20
Office for Students: power to assess the quality of higher education by reference to student outcomes
Alex Burghart
I rise to speak to this monster group of amendments: 60, 57, 56, 58, 55 and 59.
Amendment 60 would add to the power in clause 20 an obligation on the Office for Students to assess and consider mitigating circumstances such as the pandemic. The OfS is already required to take into account wider factors when assessing the performance of providers. It has a general duty to have regard to the need to promote equality and opportunity and is subject to the public sector equality duty. It also has a public law obligation to take all material factors into account when reaching a decision.
The OfS will therefore consider a range of different contextual factors that may explain the reasons for a provider’s performance before reaching any final judgment. For example, this may include factors such as the relative proportions of students from disadvantaged or under-represented backgrounds. This could also include information from the provider about the actions it has taken, or plans to take, to improve quality, and external factors that may be outside a provider’s control such as the pandemic.
The OfS has previously produced guidance on how it expects providers to comply with the quality and standards-related registration conditions in the light of the pandemic. It is well aware that particular circumstances may be in play at a particular time, including the disruption caused by the covid-19 pandemic.
Amendment 57 would leave out the word “not” and in doing so completely reverse the purpose of this clause. Students would be expected to accept that they might achieve different outcomes—and, in some cases, lower outcomes—depending on their background, which risks entrenching disadvantage in the system. That cannot be right. Every student, regardless of their background, has a right to expect the same minimum level of quality that is likely to improve their prospects in life. That is why we included the provision in this clause to make clear that there is no mandate on the OfS to benchmark the minimum levels of standards it sets based on factors such as particular student characteristics. The OfS will none the less continue to consider appropriate contexts, including student characteristics, and make well-rounded judgments when assessing individual providers.
Amendment 56 would require the OfS to consult before determining minimum levels of student outcomes. I reassure the Committee that, under the Higher Education and Research Act 2017, the OfS already has a statutory duty to consult before publishing any revised version of its regulatory framework, including on quality measures. In relation to student outcomes specifically, it has already undergone one round of consultation, while a further consultation on specific outcome levels and how the OfS will take wider context into account will be published early next year. The amendment is therefore unnecessary.
Amendment 58 suggests that the OfS may be required to determine different expected outcome levels by reference to each subject, which would be inappropriate. Requiring the OfS to determine different minimum outcome levels for different subjects would mean that students studying certain subjects would be expected to accept different and, in some cases, lower outcomes than if they had chosen a different subject. All students should expect that minimum levels of continuation and completion rates, as well as the proportion of students that achieve employment commensurate with their qualifications, will be the same for all subjects.
Amendment 55 would require that the OfS has regard to widening participation for disadvantaged and under-represented groups.However, I assure the Committee that the OfS already has to take due regard of the impact of its decisions on disadvantaged and under-represented groups. The minimum expected levels of student outcomes will form only part of the overall context the OfS takes into account as it makes rounded judgments. When itexercises any function, it must, under section 2 of the Higher Education and Research Act 2017, have regard to the need to promote equality of opportunity in connection with access to and participation in higher education, and that duty applies when the OfS looks at how disadvantaged students and traditionally under-represented groups are supported and what they go on to achieve. It includes access, successful participation, outcomes and progression to employment or further study. The OfS has a public law obligation to consider relevant wider factors, which could include, amongst other things, the characteristics of a provider’s students, where appropriate.
Amendment 59 would require the OfS to work with devolved Administrations to minimise different assessments of higher education quality. HE is a devolved matter, and it is right that each Administration should be free to drive up quality in the way they think best. I understand that there is a concern about the removal of direct reference to the UK quality code from the guidance in the OfS’s regulatory framework and its impact on the reputation of the UK’s higher education sector, but the OfS has already made clear that its regulatory requirements would continue to cover the issues in the expectations and core practices of the quality code, which will remain an important feature of the regulatory framework. The OfS is not proposing to abolish the UK quality code—indeed, it has no power to do so. The code will continue to be important in the sector and providers will still be able to use it.
I would like to take this opportunity to announce the Government’s intention to table an amendment on Report that will give the OfS an explicit power to publish information about its compliance and enforcement functions, in particular when investigating higher education providers for potential breaches of registration conditions, which will give the OfS protection from defamation claims when it does so. That increased transparency will be in line with other regulators’ powers and protections, including appropriate safeguards.
Rachel Hopkins
I rise to support my hon. Friend the Member for Warwick and Leamington and the proposed amendments, in particular those including the requirement to consult the higher education sector before determining the standards. My constituency, Luton South, is home to the fantastic University of Bedfordshire, which takes many non-traditional students—for want of a better term. The majority of its students are older and may be working and studying additional qualifications to support their work. Many come from disadvantaged and under-represented groups. It is vital that we understand the difference that universities like the University of Bedfordshire make to those people’s lives when considering the clauses and the amendments proposed.
Alex Burghart
Clause 20 clarifies the provisions set out in section 23 of the Higher Education and Research Act 2017, known as HERA, which relate to the assessment of the quality of higher education provided by a registered provider. Section 23 of HERA currently places no restrictions or stipulations on how the Office for Students might assess quality or standards. Clause 20 provides some much-needed clarity. It puts beyond doubt the OfS’s ability both to determine minimum expected levels of student outcomes and to take those into account alongside many other factors when it makes its overall and well-rounded assessment of quality. It also makes clear that if outcome measures are to be used, the outcomes can be any the OfS considers appropriate.
The OfS looks at important indicators of high-quality higher education that are hugely valuable to students. They may include student continuation and completion rates and progression of graduates to professional or skilled employment or further study. The OfS is already regulating on that basis. The Government believe strongly that every student, regardless of background, has a right to expect the same minimum level of quality and the same opportunities to go on to achieve successful outcomes. Students from underrepresented groups should not be expected to accept lower quality, including poorer outcomes, than other students. That is why the clause also makes clear that there is no mandate on the OfS to benchmark the minimum levels of standards it sets based on factors such as particular student characteristics. The use of minimum levels for student outcomes is not and will not be a blunt instrument that relies only on data.
Absolute outcomes are only one aspect of a provider’s performance. To make a well-rounded judgment on a provider’s absolute performance, the OfS will consider a higher education provider’s appropriate context before determining whether a registration condition has been met. Alongside that work on baselines, the new Director for Fair Access is tasked with rewriting national targets to focus on social mobility and ensuring that higher education providers rewrite their access and participation plans. New and ambitious targets will be set to raise standards in schools, reduce drop-out rates at university and improve progression into high-paid, high-skilled jobs.
Clause 20 is an important element of the Bill because it serves to ensure that higher education provision delivers quality for all students, the taxpayer and the economy.
Matt Western
I do not have any further points to make and will not press any other amendments.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
List of relevant providers
Mr Perkins
It is a great pleasure to move the amendment in the name of the hon. Member for Bury South (Christian Wakeford), my hon. Friend the Member for Warwick and Leamington and myself. The amendments concern the Government’s plans to have a list of preferred providers. What could go wrong with this Government and a list of preferred providers, I hear hon. Members ask? There have been reasons to question the Government’s record when it comes to relevant providers. The particular concern that the hon. Member for Bury South and I, and others, have is that when it comes to the Secretary of State and his Whitehall colleagues providing a list of providers to be considered appropriate by metro Mayors and combined authorities in Birmingham, Manchester, Leeds or anywhere else, important local providers will be missed out.
The amendment was tabled because of those local providers, both private sector providers and social enterprises, which might not have the huge ability to do detailed tenders but are important and proven in many local areas. There is a real concern in Manchester from the metro Mayor, which I suspect is where the interest of the hon. Member for Bury South comes from, and in other areas, that their importance should be recognised.
The amendment says that provision should be made,
“for mayoral combined authorities or other authorities as defined by the Secretary of State, to keep a list of relevant education or training providers who meet the conditions specified by the authority in respect of that education or training”.
Amendment 30 would add,
“including mayoral combined authorities or other funding authorities”,
to clause 21. It is really important that those local providers can be utilised by local combined authorities and metro Mayors.
During the Bill’s stages, there has been much talk about devolution and the importance of local decision making, but at every turn, we see the opposite—the Secretary of State is clawing back power for himself. In this case, without the amendment, that would be at the expense of local decision making, because if the mayoral combined authority was in a position to say, “We’ve worked really closely with a provider,” but for whatever reason, the provider was not on the Secretary of State’s list, it could be missed out.
The amendment seeks to ensure that the Government, who once passionately championed devolution, do not allow Whitehall decision makers to prevent the continuation of local arrangements and relationships that are delivering for local communities. As I said, there is concern that the Secretary of State’s list of relevant providers will exclude local providers that may not offer the scale and scope of national providers but are proven and have a successful track record in local areas. I have been to Manchester and discussed in great detail the strong relationship that the Mayor’s office has established with local small and medium-sized enterprises and social enterprises that are doing great work locally.
It sometimes feels as though the Government have a love affair with major firms that promise them the world. We fear that smaller providers will inevitably be missed off the Secretary of State’s list and that local learners and local businesses will be the biggest losers. It is vital that mayoral combined authorities, and other authorities that have local expertise, can continue those agreements with existing providers and that there is no break in provision where funding contracts are in place for adult education. Again, it feels as though the clause seeks to centralise power in the hands of the Secretary of State without paying due consideration to local representation, which is why I am keen to support amendment 29.
Alex Burghart
The amendments aim to give mayoral combined authorities and other authorities the power to keep their own lists of relevant education or training providers, specify their own conditions and exercise discretion about whether certain conditions have been met by relevant providers. The list of post-16 education and training providers that can be established under the powers in the clause aims to put in place guiding principles for a coherent and consistent scheme to protect learners in the case of provider failure. This important, specific point is made in subsection (5), which says:
“A condition may be specified in regulations under subsection (1)(a) only where the Secretary of State considers that specifying the condition in relation to a relevant provider may assist in preventing, or mitigating the adverse effects of, a disorderly cessation in the provision of education or training by the relevant provider.”
The whole clause is there to prevent circumstances in which providers crash out of the market and leave those in training with nowhere to go.
Mr Perkins
The Minister has a tendency to sit down rather abruptly before he has had the opportunity to respond to things that have been raised, so I just wanted to catch him at this moment. Will he explain what about subsection (5) in any way secures the quality and robustness of those providers? Is it his view that the Secretary of State’s list will somehow ensure the finances or quality of that provider? What assurances can he give the hon. Member for Bury South and myself, and all those who have those local relationships, that those local relationships will not be the victim of this desire for consistency?
Alex Burghart
The hon. Gentleman makes a fair point. If he looks at subsection (7)(b), he will see that one key thing we seek—this is relevant to the point I am making regarding preventing provider failure—is providers having relevant insurance cover, which we might consider through regulations. There have been a number of cases in the past where some providers have not had that, and there has been a real risk of a break in the provision given to certain students. We do not want to exclude small, local providers of the type he mentions at all. If ever it was felt that the Government were doing that, I draw his attention to subsection (10)(d), which says that an appeals process will be set out in regulations. I hope he can take some comfort from that.
Members will note written evidence from Learning Curve Group, an independent training provider, stating:
“Learning Curve Group welcomes the Government’s proposal…to include a register of providers who meet certain conditions as we believe this will increase overall quality and ensure high standards.”
We intend to work closely and collaboratively with mayoral combined authorities and other funding authorities on the creation of the list and the conditions that will apply. We will continue to engage with MCAs in designing the conditions and operation of the list. Through collaboration, we can ensure that we set a high bar for all providers for protecting learner interests. We certainly value the expertise and input that MCAs will have in this. As I said last week, we recognise the importance of the work of MCAs and their vital work in supporting local communities.
Mr Perkins
Subsection (7)(b) relates to the relevant provider having insurance cover. Will the Minister confirm whether that means insurance cover in the context of employer liability in the event of an apprentice or other adult learner being injured, or is it insurance cover in the event of the failure of the business and additional costs that might be attached to that? Will he clarify what the clause refers to?
Alex Burghart
It is the latter—in the case of business failure. The Bill sets out that we will consult on the conditions and provisions for being on the list prior to making the first set of regulations, to help ensure that those conditions manage and mitigate the risk of disorderly exit. That consultation will allow us to take into account fully the views of those affected by the scheme, including MCAs.
Skills and Post-16 Education Bill [ Lords ] (Sixth sitting)
Alex Burghart ExcerptsTuesday 7th December 2021
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Skills and Post-16 Education Act 2022 View all Skills and Post-16 Education Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 7 December 2021 - (7 Dec 2021)
The Chair
A point of order was raised this morning about there not being a debate on new clauses 1 and 4 at the beginning of proceedings today. I am happy to cover the new clauses if the Government and Opposition want that. Although they could have been debated at the time, and Opposition Members did not take the opportunity to do so, out of a sense of fairness this is a way of getting through this slight wrinkle.
Clause 21
List of relevant providers
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
What a pleasure it is to reach our sixth and final sitting on this important Bill.
Clause 21 will allow the Government to introduce a list of post-16 education or training providers. To be on the list, providers will need to meet conditions that help to protect learners against the negative impacts of provider failure. It will also help to protect public funds by preventing or mitigating the risks of provider failure. Currently, there is a risk that the short-notice exit of a provider from education and training can significantly disrupt the experience of many young people and adults. This can be because of delays in finding a new provider and insufficient planning on what happens next in these circumstances. This clause focuses the operation of a list on the types of providers that the Department considers are most at risk of an unregulated and disorderly exit from provision—independent training providers.
While we value the role of ITPs in helping to provide a more diverse and innovative learning offer, it is not right that these types of providers should operate with less in-built protection for learners than other types of further education provider. Fundamentally, we want to protect learners and public funds if providers cease to provide education or training. Where other regulatory mechanisms are not in place, we want to ensure that there is a consistent set of requirements placed on providers to protect learners and public funds, even where the provision is funded by local commissioning bodies or through subcontracts from directly funded providers.
Where a provider is not directly funded by the Secretary of State—as can be the case with ITPs—the existing levers for the Secretary of State to protect learner interests are not as strong. Contractual conditions of funding to prevent disorderly exits may also not be consistent. The Bill will allow commonality and consistency across funding streams to mitigate provider failure risks. The clause also allows the Secretary of State to set out other matters in connection with the keeping of the list of post-16 education or training providers.
We intend to consult before deciding on the detail of the way in which the scheme will operate. The Secretary of State is required to do so before making the regulations that establish the list for the first time.
Mr Toby Perkins (Chesterfield) (Lab)
May I record my thanks, Mrs Miller, for what you said a few moments ago about ensuring that new clauses 1 and 4 may be debated? I appreciate your flexibility.
We do not intend to divide the Committee on this subject, but I re-emphasise the point that I made in the discussion on the amendment. I entirely appreciate what the Minister says about the need to ensure protection for learners, but a small number of providers have a long track record of providing a small amount of provision that is none the less important in certain sectors and geographies. If this becomes a bureaucratic or economic minefield, they will simply withdraw from the sector, which will be the poorer for it. We received representations from the Manchester combined authority, which has a long history of working closely with smaller providers. It has real concerns that a national list will lead to smaller providers being missed out.
We do not intend to divide the Committee but we will continue to scrutinise the Government and ensure that the provisions put in place do not, as we fear they may if they are not carefully handled, exclude important, worthwhile providers from the list.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Prohibitions on entering into funding arrangements with providers
Alex Burghart
I beg to move amendment 24, in clause 22, page 28, line 15, leave out from first “to” to “paid” in line 16 and insert “an agreement for the funding authority to provide funding to the provider includes a reference to an agreement or arrangements between the funding authority and the provider by virtue of which amounts can or must be”
This amendment makes clear that an agreement between the Secretary of State and an education provider that must be in place in order for student loans to be paid directly to the provider counts as “funding arrangements” for the purposes of clause 22. It also covers arrangements other than agreements.
Amendment 24 is a minor and technical amendment that clarifies that advanced learner loan funding routed through the Student Loans Company is in the scope of clause 22. This has always been the intention of clause 22(9), and this amendment is merely a technical adjustment to the drafting. It ensures that advanced learner loan funding arrangements are captured by the “funding arrangements” definition in clause 22. Without the amendment, clause 22 may not be adequately applied in relation to providers who receive advanced learner loan funding.
Mr Perkins
We appreciate that clarification.
Amendment 24 agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Alex Burghart
Clause 22 is important in ensuring that a funding authority is prevented from entering funding arrangements with a provider that is not on the list. It also makes sure that the funding authority can take action to terminate funding arrangements in an orderly way should a provider cease to be on the list.
The short-notice exit of a provider from the provision of education or training can significantly disrupt the educational experience of young people and adults. The transfer of learners to another provider can take time, be extremely disruptive and increase the risk of learner disengagement. The provision of post-16 education or training is commissioned by various funding bodies and is often subcontracted. As a result, there is a wide variation in the range of obligations and requirements currently imposed on providers.
The provisions in the clause are intended to ensure that a consistent set of requirements is placed on providers and funding authorities to protect learners and public funds, even where the education or training is funded by local commissioning bodies or through subcontracts. The clause also sets out that a provider must not rely on anything in clause 22 as a reason for not carrying out existing obligations under a funding agreement. A funding authority could continue to enforce those obligations even if a provider was not on the list, as the contract would remain valid. This may be important to allow a provider to teach existing learners until they had completed their course where the risk posed by the provider could be managed.
The clause also includes the power for the Secretary of State to set out in regulations the particular characteristics of the funding arrangements that are subject to these funding controls. This is necessary so that the Department can ensure that the controls are applied proportionately. For example, de minimis requirements may be needed so that short-term and low-value arrangements for the provision of relevant education or training are not captured by the requirement for the particular provider to be on the list. The clause is essential in ensuring that there are certain restrictions and controls on the public funding of education or training providers in the scope of the list.
Mr Perkins
It is important to ensure that information is shared widely, not only with providers that might be outside mainstream education provision but with funding authorities such as mayoral or combined authorities, to ensure dialogue and so that smaller providers are not missed out.
The clause clarifies that providers must be approved and have an agreement in place for them to be allowed to have student loans paid directly. Building on the contribution I made in the debate on clause 21, it would be useful if the Minister clarified the steps the Government will take to ensure that only providers with quality offerings and financial stability and robustness receive direct payments and that these steps will not prevent quality, innovative smaller providers from accessing the important opportunities to attract new students.
Further to that, does the Minister anticipate that the extension of student finance will mean that a greater variety of private sector organisations will be able to receive student loan applications? I have met people in my constituency, and have written to his predecessor about other courses whose students have previously been excluded from getting student loans to access them, despite having a long track record of their students going into employment. To what extent does the Minister think the Bill will increase the number of learners who can get student loans for their courses, and how will he ensure that quality, innovative, smaller providers can access those opportunities?
Alex Burghart
The Government are fully aware that ITPs come in all shapes and sizes, and play an essential part in the skills ecosystem. We are very mindful that we do not want to drive good providers out of the market by creating a list. The sole purpose of the list is to ensure that all providers have in place provisions to ensure that they have contingency plans for their students should they go under. That is something that exists elsewhere in the skills space. We are extending it to ITPs, and intend to do so in such a way that will not create a bureaucratic overload. To the hon. Member’s point on student loans, it will very much depend on how the system evolves from this point.
Question put and agreed to.
Clause 22, as amended, accordingly ordered to stand part of the Bill.
Clause 23
Funding arrangements: interpretation
Question put, That the clause stand part of the Bill.
Alex Burghart
Clause 23 provides definitions for key terms in this part of the legislation relating to funding arrangements with post-16 educational training providers, and ensures that the correct legal person and funding arrangements that they are party to are in scope of the relevant obligations. The clause is essential to the interpretation of the list of post-16 educational providers, and should stand part of the Bill.
Clause 24 provides that the regulations for creating or keeping the list, altering the categories of education and training in scope of it, or amending primary legislation will be subject to the affirmative procedure. That means that they will be subject to an appropriate level of parliamentary scrutiny over the use of those powers, and must be approved by both Houses prior to becoming law. The clause provides that the powers to make regulations in clauses 21 and 22 include the power to make supplementary, incidental, transitional or saving provision.
By way of example, once regulations have been made under clause 21, the Department may consider it necessary to amend statutory powers to provide financial assistance for relevant educational training so that they signpost the prohibitions that will apply, and which effectively constrain those financial assistance powers. One such power will be in section 2 of the Employment and Training Act 1973. Clause 24 will ensure that there is appropriate parliamentary scrutiny over the use of the powers, and should stand part of the Bill.
Mr Perkins
We appreciate that clarification. The clause and its subsections clarify the powers to make regulations under clauses 21 and 22, and we have no desire to oppose it.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24 ordered to stand part of the Bill.
Clause 25
Provision of opportunities for education and skills development
Alex Burghart
Amendments 53 and 54 taken together would alter the eligibility criteria for the proposed legal entitlement to a level 3 qualification for all adults. Amendment 53 in particular is intended to make anyone in England eligible for those qualifications, regardless of their prior qualification level; and amendment 54 is intended to make anyone in England eligible if they earn less than the living wage.
Amendments 53 and 54 highlight the reason why we are opposed to putting such an entitlement into the legislation in the first place: it could constrain our ability to respond quickly and flexibly to adapt such entitlements to benefit adults who are most in need of support. For example, if we wanted to change the offer within the legislative framework, we would have to change the legislation. We have already announced that, from April next year, we will also expand the free courses for jobs offer to include any adult in England who earns below the national living wage or is unemployed, regardless of their prior qualification level. We are able to do that without needing legislation.
By targeting eligibility on the lowest-paid earners and the unemployed, we will ensure that we support those most in need of support to access better job opportunities and to improve their prospects. I hope that the hon. Member for Chesterfield agrees with that, given that amendment 54 seeks to target those same adults. However, it is also not a good use of public funding to expand eligibility in a non-targeted way to anyone, regardless of their wages or prior qualification level, which is what amendment 53 appears to do. We therefore do not support the inclusion of amendments 53 and 54 in the Bill.
Mr Perkins
That was a useful and interesting little debate. We heard a lot about the—I want say burgeoning, but at least still existing—hat industry. My hon. Friends the Members for Luton South and for Warwick and Leamington will be glad to know that I have seen at least two colleagues in hats recently—one was my hon. Friend the Member for Cardiff West (Kevin Brennan), who as they know is quite a trend-setter—so it might well be that a recovery in the hat industry is looming. It was a useful debate, and we heard some valuable contributions on why the amendments are important.
Turning to the Minister’s remarks, I accept that the amendment has similarities to and is possibly even more wide ranging than one that has already been rejected by the Committee, so we will withdraw it. However, we will press amendment 54 to a vote, because all that it seeks to do is to put on to a legal footing the promise that was made. I hear what the Minister says—“Don’t worry, we are going to deliver the policy; we just aren’t going to vote for it”—but I think there will be real value in ensuring that the Government commit to the thing that they say are going to do, which is about those who earn below the national living wage, as defined by the Living Wage Foundation, being able to access level 3 qualifications.
Given what we heard earlier in the passage of the Bill about the importance of local decision making, local skills improvement plans and local employers deciding their priorities, it would seem a sensible approach to allow them to identify local priorities and allow people to study a second level 3 qualification if addressing a known skills shortage. We will therefore look to press new clause 7, as well as amendment 54, to a Division. However, I beg to ask leave to withdraw amendment 53.
Amendment, by leave, withdrawn.
Amendment proposed: 54, in clause 25, page 30, line 17, leave out from “has” to “level.” and insert
“is earning below the Living Wage, as identified by the Living Wage Foundation.”—(Mr Perkins.)
Alex Burghart
The Government agree with the ambition to ensure that people in England have access to education no matter their age. We are committed to helping everyone get the skills that they need at every stage in their lives.
In April, we launched the free courses for jobs offer as part of the lifetime skills guarantee. That gives all adults in England the opportunity to take their first level 3 qualification for free, regardless of age. It is not right, however, to put the free courses for jobs offer into legislation. That would constrain the Government in allocating resources in future, and make it harder to adapt the policy to changing circumstances. The Secretary of State recently announced, for example, that from April next year we will expand the offer to include any adult in England who earns below the national living wage or is unemployed, regardless of their prior qualification level.
Through the adult education budget, full funding is also available through legal entitlements for adults aged 19 and over to access English and maths qualifications and fully-funded digital skills qualifications for adults with no or low digital skills. In areas where adult education is not devolved, the adult education budget can fully fund eligible learners studying up to level 2 if they are unemployed or earning below around £17,300 per year.
The spending review has provided a fixed quantum for adult skills, and the level of provision that is funded in any year needs to fit that quantum. Funding increases to follow increased numbers of learners, or a higher-funded mix of provision, will have to be subject to affordability within the overall envelope. The spending review process, rather than legislation, is the appropriate way for determining how the Government allocate resources over the long term. Funding for the free courses for jobs offer will be available throughout the three-year spending review period, giving further education providers the certainty that they need to invest in the delivery of the offer.
Moreover, the Bill is not an appropriate place to create new legal entitlements when we are in the process of reforming further education funding and of carrying out a review of qualifications at level 3 and below. Those vital programmes will ensure our skills system is fit for the future. By creating a legal entitlement for anyone to access their first qualification up to level 3, we would cut across those vital reforms and pre-empt the consultation process.
I now turn to the proposal in the clause that any employer receiving apprenticeship funding must spend at least two thirds of that funding on people who begin apprenticeships at levels 2 and 3 before the age of 25. The Chancellor’s spending review commitment delivers the first increase to apprenticeships funding since 2019-20. Funding will grow to £2.7 billion by 2024-25.
There have been some changes in the make-up of apprenticeships since the reforms: a higher proportion of apprentices are now aged over 25. In 2020-21, 16 to 24-year-olds still accounted for 50% of apprenticeship starts. In the same period, level 2 and level 3 starts made up 69% of the total. I know that there are concerns about the fall in starts among young people. I recognise the value of apprenticeships to young people embarking on their careers, and I am determined to ensure that there are good apprenticeship opportunities at all ages and stages, but I am concerned about the implications of trying to address that in the Bill.
The clause restricts opportunities for older and younger employees, and it restricts employer choice. Eighty per cent. of the UK’s 2030 workforce is already in work, so it cannot be right that only a third of apprenticeships funding is made available to those who are over 25. We want older people to be able to use apprenticeships to progress or retrain. The Confederation of British Industry estimates that one in six workers—5 million people—will go through radical job change and require re-training by 2030.
Age should not be a barrier to opportunities to learn or a limiting factor in our ambitions. I do not want to restrict young people to starting at level 2 or 3 apprenticeships. I also want an 18-year-old with good A-levels to see an apprenticeship as a strong alternative to university. They should be able to start a level 6 apprenticeship and gain a degree.
Alex Burghart
Colleges and designated institutions play a crucial part in their local communities by enabling young people and adults to gain the skills they need. In the small numbers of cases in which an institution is failing to deliver an acceptable standard of education or training, or is failing in other ways, Government must be able to intervene to secure improvement.
Existing powers under the Further and Higher Education Act 1992 to intervene in colleges in the FE sector can be used in certain prescribed circumstances in which there are serious failings: mismanagement, for example, or financial or quality failures. In those circumstances, action can be taken to remove or appoint members of the governing body, or to give direction. Clause 26 extends those existing powers to allow for intervention where the education or training provided is failing, or has failed, to adequately meet local needs. Where the prescribed circumstances are met, clause 26 also enables the Secretary of State to direct the governing body to transfer “property, rights or liabilities” to another body.
The statutory intervention powers that we are amending through clause 26 are intended to be used only as a last resort. Our core support and intervention activity is delivered through administrative processes set out in the published guidance, “College oversight: support and intervention”. The Government are not seeking these powers in order to implement a new wave of mergers across the college sector—that is not the purpose of intervention. However, there is good evidence that structural change can, in the right circumstances, play a valuable role in securing improvement. We have also been clear that decisions on the college curriculum are for the governing body, not for Ministers to second-guess. We are working with Ofsted to increase the focus of inspections on how well colleges are meeting skills needs. The Government’s primary focus is on supporting colleges and designated institutions, and preventing things from going wrong.
In conclusion, strengthening the existing statutory intervention powers is necessary to ensure that, as a last resort, the Government are able to act where there is failure and there is no alternative means of securing improvement.
Mr Perkins
Clause 26 sets out in detail some additional powers relating to further education colleges in England, and the desire of the Secretary of State to intervene. The intervention regime for colleges is already complex, having been noted as a cause for concern by the Independent Commission on the College of the Future. Dame Mary Ney’s independent review of college financial oversight also identified the complexity of the regime, and in this Bill the Secretary of State is looking to find additional reasons to intervene, beyond financial failure. There is a real risk that this clause will just add to that complexity, going precisely against the apparent aim of establishing a simpler system.
Crucially, the Bill proposes new powers of intervention for the Secretary of State without giving colleges the freedoms to deliver. Last week, the Government passed an amendment that removed colleges from being strategic partners in the establishment of local skills improvement plans, so colleges are left accountable, but not empowered. Indeed, in a way, it goes further than that: if a college were to disagree with what was in the local skills improvement plan—if it were to consider that a local skills improvement plan that had been approved did not meet the needs of all of its learners—its failure to follow that plan could lead the Secretary of State to intervene and its being considered to be a failing college.
We accept that there needs to be an understanding of interventions, but there are questions that we would like to test the Minister on. First, why is it appropriate to hold colleges accountable for the delivery of LSIPs, but not treat them as strategic partners in developing those LSIPs? Secondly, do the new intervention powers apply equally to all post-16 education providers? If not—if they apply only to FE colleges—what consultation has the DfE undertaken with the Office for Students in order to ensure that this aligns with its approach to the oversight of higher education provision? Thirdly, what happens in circumstances where colleges believe that a poor or inappropriate LSIP has been produced that is not in the long-term interests of their locality? Do they simply deliver on a plan that they believe to be inappropriate, or are there mechanisms available to them to make representations on that point? If the needs of the local learning community have altered but the LSIP has not, how would a college be able to raise that? What consequences would be available to the Secretary of State if a college was seen not to fit in with what the LSIP said, even if the circumstances on the ground had changed?
Alex Burghart
As we have made clear throughout the Bill, the Government are on a mission to create an employer-led system in which the provision of skills reflects the skills that employers in a community need. We are absolutely set on ensuring that we get qualifications designed by employers to give students the skills the economy needs, at both local and national level. The clause sets about creating an accountability framework that places colleges in that sphere. We want colleges to respond to the ideas set out in a local skills improvement plan. However, as I have also made clear, these are absolutely powers of last resort. What we are really looking for is a profitable relationship between employer representative bodies and local providers. For that reason, we hope the clause will stand part of the Bill.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Clause 27
Further education bodies in education administration: application of other insolvency procedures
Mr Perkins
I beg to move amendment 61, in clause 27, page 33, line 19, at end insert—
“(2C) Before applying to a court for an education administration order in relation to a further education body in England, the Secretary of state will conduct a review of the impact of the closure of a Further Education institution on learning opportunities in the local area and provide a report to Parliament on steps taken to ensure that the opportunities for learners are not restricted by his application for an education administration order.”
Amendment 61 is a probing amendment that would require the Secretary of State to review further education provision prior to applying for an education administration order for a college. There should also be a review of the impact of closing a college; if the impact of such a closure would be a reduction or complete removal of provision, we would request that the Secretary of State report to Parliament to allow for appropriate parliamentary scrutiny.
It is crucial for the Secretary of State to ensure that local areas have adequate further education provision before deciding to merge and close colleges. The colleges most likely to be closed are often those in more rural areas, those that are smaller, those that are facing specific challenges or those in communities that face specific challenges because they do not have the density of population. Although we recognise that there may be financial collapse as a result of their geographic isolation, that should not necessarily mean that the provision their students rely upon disappears with the merger of the college.
It is important to have scrutiny at both a local and national level. We believe that it should be parliamentary scrutiny, to ensure that the Secretary of State commits to reporting to the House before announcing such a decision, and to ensure that there is a review of the impact of a closure on the local labour market and on the courses available to people in that local community.
Alex Burghart
Amendment 61 would require the Secretary of State to conduct a review of the impact of the closure of an FE institution on learning opportunities in a local area and provide a report to Parliament on the steps taken to ensure that opportunities for learners are not restricted ahead of an application for an education administration order. We will hear about education administration orders in the next few minutes.
I appreciate what Labour Members are trying to do, but the effect would be to delay an application for an education administration order, which would run counter to the purpose of the amendment. First, if an FE body becomes insolvent, it risks being placed into a regular insolvency procedure by a creditor or its board. The primary objective of a regular insolvency procedure is to prioritise the interests of creditors. This means that any closure scenario could result in the best returns to creditors being prioritised over the needs of keeping the body open for learners. Going down a standard insolvency route with a college will prioritise creditors, risking students studying there being pushed to one side.
Alex Burghart
Clause 27 proposes to clarify ambiguities in the Technical and Further Education Act 2017 regarding the use of company voluntary arrangements—a procedure allowing a company or corporation in insolvency proceedings to come to an agreement with its creditors over the payment of debts. Company voluntary arrangements can be used as an exit route for normal administration, as set out in insolvency legislation.
Company voluntary arrangements can also be used as an exit route from education administration under the FE insolvency regime, which we have just been debating. That has been clarified in case law, which has been in place since March 2020, when the High Court of Justice Business and Property Courts of England and Wales ruled that in the education administration of West Kent and Ashford College, education administrators had the power to propose a company voluntary arrangement.
We are using the opportunity to legislate in the Bill to clarify ambiguities in the current legislation and cement that existing case law into legislation. To be clear, we are cementing what the courts have already decided on. To achieve that, clause 27 proposes to extend the existing power of the Secretary of State for Education to make regulations related to the application of insolvency legislation to FE bodies so that express provision may be made in respect of the use of company voluntary arrangements.
Clause 28 deals with the potential conflict related to the treatment of secured creditors as between the transfer scheme provisions of the Technical and Further Education Act 2017 and the provisions of the Insolvency Act 1986, as applied by the 2017 Act. Specifically, the proposal amends schedules 2, 3 and 4 to the 2017 Act, making it clear that, where a transfer scheme looks to transfer secured assets free of the security, that can happen only with either the consent of the secured creditor or a court order. That is in line with protections for secured creditors in normal administration in insolvency proceedings.
Clause 28 also cements into legislation the Government’s response to the technical consultation for the insolvency regime for further education and sixth-form colleges, which was made in June 2018. We have informed the three main lenders to the FE sector—Barclays, Lloyds and Santander—of our proposed changes, and I am pleased to report that they are supportive. Barclays said:
“As a lender with significant loan exposure to the English FE sector (and desire to continue to support colleges with new loans) we are in favour of the changes proposed. The Transfer Scheme changes in particular provides welcome clarity on a point that had previously had a negative impact on sector risk profile and our appetite to lend.”
These clauses are good for the sector and good for the law, and I believe they should be good enough for us.
Mr Perkins
As the Minister was reading out that very positive quote from Barclays about his clause, it occurred to me how rarely he has had the opportunity to read out support for his Bill over the course of its passage. That is unsurprising, of course, when he is pressing ahead with amendments that 86% of respondents to his consultation are against. None the less, it was good to hear that full-throated support for this proposal from Barclays.
We do not intend to vote against clauses 27 or 28. I will simply make the point that the financial pressures facing our further education sector over the past 11 years, and particularly the past 12 months or so, have been truly unprecedented. I regularly meet representatives of colleges who are absolutely at their wit’s end, and not only about the scale of the funding cuts they have experienced over the past 11 years, but about the extent to which last-minute decisions are constantly made that leave them in a position in which they have to make redundancies in order to stay afloat, only then to discover sometimes that there is a change in the Government’s policy and they have to recruit for some positions that they had made redundant only a few months before.
So it was with the recent announcement about the adult education clawback. I have asked parliamentary questions on this issue. A number of colleges received a clawback from their adult education fund and were told that there was no right to any appeal. Then the previous Secretary of State said that they would allow appeals and I believe that in some cases the appeals were granted. In the meantime, however, those colleges were forced to cut their cloth accordingly.
Consequently, I say to the Government that although we do not oppose clauses 27 or 28, we believe that there needs to be a much greater sense of responsibility about the Government’s role in the financial distress that many of our colleges are currently suffering, which my hon. Friend the Member for Warwick and Leamington referred to earlier, and about the impact on those colleges of the constant last-minute decision making that they have suffered over the past 11 years.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28 ordered to stand part of the Bill.
Clause 29
Meaning of “relevant service” and other key expressions
Question proposed, That the clause stand part of the Bill.
Alex Burghart
Clause 29 is the first of a chapter of clauses that relate to the criminalisation in England and Wales of contract cheating services, which are more widely known as essay mills. Taken together, this chapter of clauses will make it an offence for an organisation or individual to complete, or arrange for another person to complete, all or part of an assignment on behalf of a student. It also criminalises the advertising of these cheating services. Essay mills threaten to undermine the reputation of our education system and to devalue the hard work of those who succeed on their own merit. They also prevent students from learning themselves and risk students entering the workforce without the knowledge, skills or competence they need.
Clause 29 provides clarity on the exact meaning of the key terms used throughout this chapter of clauses; removes the potential for unintended consequences to arise from the clause; and allows for fraudulent essay mill companies, their employees and contractors to be captured by the legislation. Because of the way that we have defined “relevant service”, we have also ensured that generally permitted study support, such as revision guides, will not be in scope, but essay mill companies that complete assignments on behalf of students will be in scope.
Clause 30 criminalises providing essay mill services or arranging for such services. It is therefore crucial in our fight against essay mills. It provides a powerful legislative tool to tackle these deplorable organisations and individuals.
I will talk briefly about the practicalities of the offence that we are creating. It will be for the prosecution to prove that the cheating service has been provided to the student. However, the burden of proof in relation to the defence is on the defendant. For example, the defendant would need to prove that they could not have known, even with reasonable diligence, that the student would or might use the material provided to complete an assignment. For example, simply asking a student to sign a contract that states that they will not use the work in a certain way is not a defence. Clause 30 states that clearly.
If someone were to be found guilty, they would be liable to be punished with a fine. The appropriate fine will be determined by the courts in accordance with Sentencing Council guidelines. Clause 30 will help to tackle the existence of these companies and to fine them appropriately if they continue to carry out these illicit services.
Mr Perkins
Clause 29 defines the term “relevant service” and other key expressions. We have no desire to vote against it.
I am interested in the representations that the Minister has received about the way clause 30 is drafted. Subsection (4) will immediately set those with more experienced legal minds than mine—there are such people in this place—to consider how difficult it may be to achieve a successful prosecution under these provisions. If there is a defence that enables a defendant to say, “I had no idea what the legislation was”, that starts to bring home how difficult it might be to get successful prosecutions in this area.
Matt Western
I have a few points to add to my hon. Friend’s remarks. In principle, these clauses make some important points about essay mills and the advertising of relevant services. There is a long-overdue need to legislate to prevent such services, and this will give the issue the importance that the sector has been demanding for some time. Back in 2018, something like 40 vice-chancellors wrote to the then Secretary of State demanding action on this issue. We are three years on. The problem has grown to an industrial scale and needs tackling.
The problem has become so—well, I would not say endemic, but it is widespread, and there are many students out there who seek to access these services or feel under pressure because of the need to get good grades. There was a case not so long ago where Coventry University students were blackmailed by an essay mill company, which said that if they did not pay yet more money, it would tell their university. There is a lot to be covered in this respect, and that is why the clause is very important.
Alex Burghart
I am pleased to see that the Opposition support our move to legislate on this matter. We are all of one mind that cheating services actually end up undermining the good work of the vast majority of students, and they introduce an unnecessary element of doubt.
I reassure the Opposition that the Bill has been carefully drafted with some excellent Government lawyers. Clause 33 is designed to ensure that convictions are much more likely and that some of the easy defences—for example, that these services were just providing information and had no idea that it would be used in cheating services—cannot be used as a get-out-of-jail card. We are confident that it is a major step forward in combating this insidious crime and we look forward to its enactment.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30 ordered to stand part of the Bill.
Clause 31
Offence of advertising a relevant service
Mr Perkins
I beg to move amendment 61, in clause 27, page 33, line 19, at end insert—
‘(2C) Before applying to a court for an education administration order in relation to a further education body in England, the Secretary of state will conduct a review of the impact of the closure of a Further Education institution on learning opportunities in the local area and provide a report to Parliament on steps taken to ensure that the opportunities for learners are not restricted by his application for an education administration order.”
This probing amendment is designed to find out the Government’s anticipated tariff for such offences. To what extent is it seen as a serious offence? To us, it is absolutely obvious that the fine needs to be of a sufficient sum to make it not worth providing such services. Although we support the Government’s intentions, we seek further clarification about the level of the anticipated tariff for such an offence. Will perpetrators get off with a fine that costs them the equivalent of a week’s dinner money, or are the Government taking such offences seriously? Will they set the fine at a high enough level to act as a deterrent?
To return to the question to which I do not believe the Minister responded when we considered clause 29, in the event of a cheating service that is utilised by five students, would that be judged as five offences or one?
Mr Perkins
That is useful clarification. Can the Minister also clarify whether perpetrators would be guilty of a civil or criminal offence? Would they get a criminal record? In the event that a business was perceived to be providing those services, what would be the impact on that business? Or is an individual judged to have committed the offence? I would be grateful for that clarification.
Overall, we believe it is vital that there is a level playing field. We support the Government’s intention to prevent the use of fraudulent services, such as essay milling, and we believe that the fines should be such to act as a deterrent. We also believe that there should be a corresponding damage to reputation provision when people or businesses commit that offence. It is crucial that the amount of the fine and the publicity surrounding those fines reflect the severity of the offence. As we have said, the practice significantly undermines the efforts of all students who work hard to achieve their qualifications legitimately.
Matt Western
It would be interesting to hear from the Minister what form of penalty the Government imagine. We heard the probing question from my hon. Friend the Member for Chesterfield about the case of five individuals. Can the Minister elaborate on what sort of penalties he envisages for the business behind the essay mill? If he does not agree with our suggestion, what scale of punishment does he believe would be appropriate? Is it more akin to dropping litter, fly-tipping or another offence?
Alex Burghart
We are in agreement that essay mills need to be driven out of business, and that is why the clauses are in the Bill. In response to the hon. Gentleman’s points, these are serious criminal offences.
Andy Carter (Warrington South) (Con)
I suspect that the Minister is about to say that the Sentencing Council will have a view on the issue, and actually it is for the Sentencing Council to determine the length and type of sentences that might be involved in criminal activities.
Alex Burghart
My hon. Friend is extremely prescient, and I congratulate him on that. This is a criminal offence and we want to see it seriously punished. However, for reasons I will set out, we do not think that amendment 62 would solve the problem in the right way. It would amend clause 31 by setting a minimum penalty of a fine of no less than £5,000 for the offence of advertising a cheating service. As drafted, the Bill does not state the level of fine payable on conviction. Instead, conviction of either offence carries the penalty of an unlimited fine—as the name implies, that is a fine imposed without financial limit. That approach carries serious potential consequences and provides a significant deterrent effect to those planning to advertise contract cheating services.
The Government do not believe that setting a minimum amount is appropriate, where maximum fines are unlimited. Setting a minimum fine of £5,000 risks that level of fine being seen by essay mill providers as a likely fine, rather than a minimum. Sentencing and the precise size of a fine should be matters for the independent judiciary, in accordance with Sentencing Council guidelines, based on the full facts of the case. I would draw hon. Members attention to the fact that Ireland, which has a similar legal system and a similar offence, imposes a fine of up to €100,000 per offence and/or a prison sentence. That is the sort of thing that might go through the minds in our justice system. We do not therefore think that the amendment is necessary.
Mr Perkins
I accept what the Minister says. I do not accept that introducing a minimum fine of £5,000 would necessarily lead to essay mill services thinking that that would be the likely level, but I take his point. The amendment was a probing amendment to try to reach some understanding of the Government’s position. If there have been fines of the level that he outlined, that will be heartening for all those who want to see the issue addressed. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Alex Burghart
Clause 31 makes it an offence to advertise essay mills. Marketing and advertising are the lifeblood of any successful industry, and we do not want this industry to be successful or to have lifeblood. Many essay mill companies use marketing techniques that seem to indicate that they offer legitimate academic writing support for students, when in fact they are providing cheating services. Students who use essay mills risk their academic education and future employment prospects if they are caught cheating. Anecdotal reports indicate that some essay mills are even seeking to blackmail students who have used the services, as the hon. Member for Warwick and Leamington mentioned. The clause will put beyond doubt that advertising cheating services in England and Wales is not just unethical but illegal, and will provide the means to prosecute those who fail to comply with the law in England and Wales.
Alex Burghart
Clause 32 relates to which bodies can be prosecuted under the essay mill provisions in the Bill. Cheating service providers can range from UK-based organisations registered at Companies House with offices and permanent staff to lone individuals operating with minimal infrastructure. Where offences are committed by companies, unincorporated bodies and partnerships, the clause enables certain individuals, such as the directors of companies, to also be prosecuted in particular circumstances. It also sets out some relevant procedural rules. For example, it clarifies that proceedings for offences committed by an unincorporated body should be brought in the name of the body and not its members, and any fine imposed on conviction of an unincorporated body should be paid out of the funds of the body. The clause will enable the legislation to function with legal certainty. Clause 33 sets out the definitions of certain terms in this chapter, allowing for absolute clarity on the intended purpose of the clause.
Mr Perkins
We welcome clause 32. It is important that where offences are committed by bodies of this sort there are consequences for their officers. The clause ensures that directors, managers, secretaries or other similar officers of the body corporate are guilty of an offence, if an offence under this chapter is committed by their body corporate and either they are known to have consented and been in connivance, or it is attributable to neglect of their duties under the organisation. We will therefore support clause 32. Clause 33 is simply an interpretation clause that makes sense of the terms in clause 32.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33 ordered to stand part of the Bill.
Clause 34
16 to 19 Academy: designation as having a religious character
Question proposed, That the clause stand part of the Bill.
Alex Burghart
Clause 34 provides the Secretary of State with an order-making power to enable the designation of 16-to-19 academies as having a religious character. It also provides for the Secretary of State to make regulations about the procedures relating to the designation. In addition, it sets out the freedoms and protections relating to religious education, collective worship and governance that the designation provides. The clause will ensure that when existing sixth form colleges designated with a religious character convert to academies they retain their religious character and associated freedoms and protections. It will also enable new and existing 16-to-19 academies to be designated with a religious character in the future. The Government are committed to supporting existing sixth-form colleges to convert to academy status. I am pleased that a significant proportion of them have already taken that step, and are making a strong contribution to strengthening the academy sector.
Clause 35 improves the efficiency of administration of the further education sector. It is thankfully rare for a further education body to enter into insolvency proceedings. However, where a designation order can form part of a rescue procedure, we need to ensure that it can take place swiftly, minimising disruption to learners and costs to the taxpayers. For some FE bodies in financial difficulty, it may be desirable to transfer the college institution from the insolvent FE body to a new solvent company as part of the process of exiting insolvency proceedings. To ensure that the institution remains within the statutory further education sector in order to keep it appropriately regulated, it would then need to be immediately designated accordingly. Existing legislation requires the Secretary of State to make a statutory instrument when he seeks to carry out such a designation. That process can take several months, and needs a completion date to be specified significantly in advance, which could complicate and delay the exit from insolvency proceedings. Delays impose a longer period of disruption on learners and could generate extra costs to the taxpayer. As such, clause 35 allows the Secretary of State to use an administrative order, which can be enacted relatively quickly, to designate an institution as being within the statutory further education sector.
Clause 36 relates to the high-level quality rating for higher education providers without an approved access and participation plan, which is currently an award under the teaching excellence and student outcomes framework. Higher education providers with a TEF award currently benefit from an uplift to their fee limit, meaning that they are able to charge a higher level than HE providers without such an award. There is currently an error in the legislation that could prevent a timely link between TEF awards and a provider’s fee limit. To take an example, let us consider a provider that does not have an approved access and participation plan. If that provider is entitled to the TEF fee uplift in any academic year, it is dependent on whether it had an award on 1 January in the calendar year before the relevant academic year. That means that a provider seeking to charge the TEF fee uplift in academic year 2022-23 could only do so based on an award that was in force in January 2021, rather than January 2022, which was the original intent. Clause 36 will correct that error and ensure a more timely link between fee limits and the TEF award, helping to further incentivise excellence in higher education.
Alex Burghart
Clause 37 sets out the territorial extent of the provisions. Obviously, Westminster does not normally legislate on devolved matters without the consent of the relevant devolved Administration. However, we have sought the support of the Welsh Government to lay a legislative consent motion where there is an impact on the competence of Senedd Cymru. We have agreed with the Scottish Government and with the Northern Ireland Executive that legislative consent motions are not required.
Clause 38 sets out when provisions in the Bill come into force. General provisions on extent commencement and short title come into force on the day of Royal Assent. Subsection (2) sets out the provisions that will come into force two months after the Act is passed. All other provisions will come into force on a day, or days, appointed by the Secretary of State through regulations made by statutory instrument.
Mr Perkins
Clause 37 sets out the extent of the Bill. I heard what the Minister had to say about the Welsh Assembly; can he just confirm that he has consulted the Welsh Assembly on the extent to which this Act applies to Wales and, given that there are differences between what is offered in England and in Wales, that there is nothing in the Bill that has led to problems in that relationship? Notwithstanding that point, we agree with the extent to which the clause applies to England and Wales, and also the specific provisions that extend to Scotland and Northern Ireland. We agree with clause 38 on commencement and understand what it is saying.
Alex Burghart
I reassure the hon. Gentleman that we have consulted Welsh Ministers, and we are of one mind with our counterparts in Wales.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38 ordered to stand part of the Bill.
Clause 39
Short title
Alex Burghart
I beg to move Government amendment 26, in clause 39, page 42, line 13, leave out subsection (2).
This amendment removes the privilege amendment inserted in the Lords.
For Bills starting in the House of Lords, a privilege amendment is included to recognise the right of this place to control any charges on the people and on public funds. It is standard practice to remove such amendments at this stage of the Bill’s passage through the House of Commons.
Mr Perkins
The Labour party is always enthusiastic for powers to be centred in the hands of those with democratic accountability, so we are very keen on clause 39. The Government have not yet had an opportunity to explain why they thought it was sensible to start the passage of the Bill in the other place, notwithstanding the excellent job that their lordships have done, which the Minister has sought to wreck over the course of the past week and a half. It would be interesting to hear from the Government why they made the decision to start the Bill in the other place. Notwithstanding that, we have no reason to oppose the amendment.
Alex Burghart
I have been a Minister for only a short time, and I have to say I am unaware why the Bill started in the Lords, but I have nothing but admiration for their lordships, who did a wonderful job. Obviously, we have had to amend some of their amendments in order to make the Bill as good as it can be, but I am sure that everyone can see that the parliamentary process is being done to the full, even if it is being done this way round.
Amendment agreed to.
Clause 39, as amended, accordingly ordered to stand part of the Bill.
New Clause 1
Information about technical education and training: access to English schools
“(1) Section 42B of the Education Act 1997 (information about technical education: access to English schools) is amended as follows.
(2) In subsection (1), for “is an opportunity” substitute “are opportunities”.
(3) After subsection (1) insert—
“(1A) In complying with subsection (1), the proprietor must give access to registered pupils on at least one occasion during each of the first, second and third key phase of their education.”
(4) After subsection (2) insert—
“(2A) The proprietor of a school in England within subsection (2) must—
(a) ensure that each registered pupil meets, during each of the first and second key phases of their education, at least one provider to whom access is given (or any other number of such providers that may be specified for the purposes of that key phase by regulations under subsection (8)), and
(b) ask providers to whom access is given to provide information that includes the following—
(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,
(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,
(iii) a description of what learning or training with the provider is like, and
(iv) responses to questions from the pupils about the provider or approved technical education qualifications and apprenticeships.
(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.”
(5) In subsection (5)—
(a) in paragraph (c), at the end insert “and the times at which the access is to be given;”;
(b) after paragraph (c) insert—
“(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).”
(6) In subsection (8), after “subsection (1)” insert “or (2A)”.
(7) After subsection (9) insert—
“(9A) For the purposes of this section—
(a) the first key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and
(ii) ending with 28 February in the following school year;
(b) the second key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
(ii) ending with 28 February in the following school year;
(c) the third key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and
(ii) ending with 28 February in the following school year.””—(Alex Burghart.)
This new clause replaces clause 14. It removes requirements about university technical college access to pupils, requires access to pupils to be given in each key phase once (rather than three times), requires proprietors to ensure pupils meet at least one provider (or a prescribed number), and makes technical changes.
Brought up, and read the First time.
Alex Burghart
I beg to move, That the clause be read a Second time.
I will now discuss new clause 1, which seeks to replace clause 14. We all agree that we need to strengthen provider access legislation. The Government introduced provider access legislation in 2018 to ensure that all young people get information about technical options when planning their careers, but too many schools have disregarded the law and are reluctant to promote alternatives to A-levels and university. We announced our three-point plan to improve compliance with that legislation in the “Skills for Jobs” White Paper back in January, and that included plans to strengthen the duty.
As it stands, clause 14 would require schools to deliver nine provider encounters per pupil—three during each of the first, second and third phases of their education. We are concerned that nine encounters would place unnecessary pressure on schools and risk taking up too much curriculum time. The clause would also name university technical colleges on the face of the Bill as one of the providers that every pupil must meet where practicable. That would give more weight to one provider than the rest, and we want to act in the interests of all providers, not just university technical colleges. The new clause strengthens existing provider access legislation by requiring schools to provide a minimum of three meetings with providers of technical education or apprenticeships for pupils in school years 8 to 13.
Mr Perkins
We understand the reasons for the new clause, but what is the Government’s view about why the existing Baker clause has not been as successful as they might have liked? Has it taught the Minister anything with regard to the limitations of the statutory guidance, on which he may have chosen to reflect, and to why having things on the face of the Bill often carries greater weight than purely putting things into statutory guidance or secondary legislation?
Alex Burghart
The hon. Gentleman knows full well that Governments often keep things in statutory guidance in order to retain flexibility. The last Labour Government did that time and again. As a mere parliamentary researcher, I remember consideration of what is now the Apprenticeships, Skills, Children and Learning Act 2009, in which there were many examples of powers introduced through statutory guidance and secondary legislation. It is a time-honoured custom that is there for good reason.
In this case, we believe that there is a need to strengthen practice. In particular, I want to mention the need to strengthen quality. The other day, I was talking to a friend who has a 16-year-old daughter and who is herself in education. Her daughter had come home saying, “There is absolutely no way I’m going to do an apprenticeship.” My friend asked why and her daughter replied, “Because the man who came to talk to us today was so boring it has put me off.”
We need to ensure that we have interventions of quality. That is very much where our position is centred. The new clause includes the power for the Secretary of State to set out further details about the number and type of providers that pupils should meet under the terms of this duty. Putting the detail in secondary legislation will give us flexibility.
The new clause strikes the correct balance between widening pupil access to information on technical options in apprenticeships, without placing undue pressure on schools. It will set out in primary legislation that every state school must provide the three encounters of which I have spoken. Of course, we must ensure that those provider encounters are of high quality. That is why, for the first time, we are setting parameters for the content of the encounters in primary legislation.
We want to ensure that every encounter is meaningful and gives pupils the opportunity to explore what the provider offers, what career routes those options could lead to and what it might be to learn or train with that provider. We intend to consult school and provider representatives on the underpinning statutory guidance to ensure that we have provider access legislation that works for them and, most importantly, for young people.
With the Government’s large-scale reforms to technical education, it has never been more important for every young person to understand the full range of options that are available to them. The new clause will be crucial in ensuring that every pupil, whatever their ambitions, can explore apprenticeships, T-levels and other technical education qualifications. We want to send a clear message that schools must open their doors to other providers, so that pupils get broad and balanced information about all their options.
Mr Perkins
The Minister outlines why he believes the new clause is necessary. Given his remarks at the end there, I have to say that he would have better achieved what he set out to achieve had his party not voted against clause 14. All new clause 1 does is weaken the clause 14 that was in the Bill and that the Committee voted against this morning.
Notwithstanding that, we recognise that the new clause will be better than not having it at all. It removes requirements for university technical college access for pupils. The Minister suggested that that would be prioritising UTCs above other organisations, but I did not see it like that. I thought that they were simply referred to as another provider, and no doubt ones that Lord Baker is particularly enthusiastic to see given access.
The points that Lord Baker made in his contribution in the House of Lords are important, however, and they need to be considered. The noble Lord suggested that many schools—through either lack of time or a deliberate attempt to ensure that their students looked only at the school’s own sixth form, for financial or other reasons—were not implementing the original Baker clause and were indeed subverting the opportunities that were placed in front of children. I would be interested in hearing whether the Minister agrees with Lord Baker about that, or whether he believes that there are other reasons why alternative providers are not getting access to young people at each of those three crucial stages.
The Committee will be aware that, as part of the Labour party’s offer at the next general election, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has brought forward a plan for the equivalent of two weeks’ compulsory work experience for every pupil, and for face-to-face professional careers advice to be something that every student can rely on. We think it vital that children and young people have access to professional and appropriate careers advice. Work experience can be genuinely life-changing for many young people, particularly those from more deprived backgrounds. It is crucial that work experience is seen as a mark of an excellent school provision, rather than an additional thing that is nice to do.
It has very much been my experience that many schools leave the responsibility for work experience to the child and their parents to sort out. Effectively, the only commitment that schools require is that the child does not die or get injured while they are there. There is no real assessment of the quality of that work experience, so the milkman’s son ends up doing a milk round, while the MP’s son spends a week in an MP’s office—everyone just does the stuff that they already know. Worst of all, some children do work experience in a school, which is the one environment that they have been in for their entire lives, and that is considered acceptable.
Alternative opportunities for young people to look at different environments and learn about different opportunities are absolutely crucial. As clause 14 was rejected, we will support the new clause, but we believe it less ambitious than what their noble lordships had already introduced. Much of what the Minister said about the importance of the sector is undermined by his tabling of a clause that is weaker than the one that came from the Lords.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Lifelong learning: special educational needs
“When exercising functions under this Act, the Secretary of State must ensure that providers of further education are required to include special educational needs awareness training to all teaching staff to ensure that all staff are able to identify and adequately support those students who have special educational needs.”—(Mr Perkins.)
This new clause would place a duty on the Secretary of State to ensure that there is adequate special educational needs training for teachers of students in further education.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Mr Perkins
I beg to move, That the clause be read a Second time.
The new clause, tabled by my right hon. Friend the Member for East Ham (Stephen Timms), relates to access to sharia-compliant lifelong learning loans. It is important that students do not feel excluded from applying for lifelong learning loans because they are not sharia-compliant. There are many different aspects to loans under sharia law. Though their effect may be similar to that of other loans, the way in which they are set up and implemented is different, and the funds are also utilised in different ways.
It is incredibly important—and I think this is recognised by Members of both main parties—that action is taken on sharia-compliant lifelong learning loans. It is regrettable, however, that thus far nothing has been done. We have been given to believe that the Augar review may result in sharia-compliant lifelong learning loans, but we have not yet seen anything to that effect. My right hon. Friend’s new clause therefore encourages the Secretary of State to
“make provision by regulations for Sharia-compliant student finance to be made available as part of the lifelong learning entitlement.”
Alex Burghart
I am grateful for the opportunity to discuss sharia-compliant student finance. The Government have been considering an alternative student finance product, compatible with Islamic finance principles, alongside their other priorities as they conclude the post-18 review of educational funding.
New powers were taken in section 86 of the Higher Education and Research Act 2017 to enable the Secretary of State to make alternative payments, in addition to grants and loans, to enable the implementation of ASF. Clause 15 already makes provision for such alternative payments to be made as part of the lifetime loan entitlement. As such, when coupled with the existing provisions in HERA, the new clause would not give the Secretary of State any additional powers. The clause 15 provisions for alternative payments would come into force should the Government decide to commence the provisions in HERA that enable alternative payments to be provided to students. The Government will reach a decision on the availability of a sharia-compliant student finance product as part of the full and final conclusion of the post-18 review, and will provide an update on ASF at that time.
In relation to the second part of the new clause, the Secretary of State may already lay student support regulations using the affirmative procedure contained in section 42 of the Teaching and Higher Education 1998, should he choose to do so. The new clause would not add any powers beyond those already under the Bill or existing legislation, and so should not be added to the Bill.
Rachel Hopkins
I rise to support new clause 4, tabled by my right hon. Friend the Member for East Ham. The Minister says we will see the outcome of the post-18 review with regards to HERA. However, the reason why it is so important that the new clause is added to the Bill relates to further education. Because no finance or loans fit with the principles of Islam, many people end up saving up until they have sufficient funds to be able to afford their degree. The whole point of the Bill is the emphasis on ensuring that people can up their skills at level 3. If they are not able to access a loan that is compliant with the principles of Islam, and if they are on a low income, they really have no chance of being able to save up to afford to fund up front from their savings. The proposal of a lifelong learning entitlement through a loan therefore becomes a vicious circle, and they will not be able to access the training and gain the skills that they need.
For many people, this really is a matter of urgency if we are genuinely going to help people to reskill or upskill, particularly for many constituents of mine in Luton South. It is important to push the Government on this, particularly because HERA was published in 2017, and because of the commitment from the former Prime Minister, Mr Cameron, in 2013 when this first started to be talked about. This long-term delay and lack of action is not good enough. I support new clause 4.
Question put, That the clause be read a Second time.
Mr Perkins
I beg to move, That the clause be read a Second time.
The new clause was tabled by my hon. Friend the Member for Rotherham (Sarah Champion). It would introduce a national review and plan for addressing the attainment gap and intends to ensure that everybody is supported to obtain the level of English and/or maths skills they need by requiring the Department for Education to have a plan to close the attainment gap based on a review of current policies and barriers to attainment in English and/or maths. Our attainment levels as a nation, particularly in maths, are noticeably behind many of our competitor nations, and particularly the major nations in Europe. It is crucial that there are both local and national strategies to raise attainment for English and maths at grade 4.
I think there is widespread agreement on that across the House. The Government’s approach has often been to say, “Well, until you have achieved this, you cannot do that.” The Labour party’s approach has always been much more of a carrot. We recognise that there needs to be greater investment, specifically in picking out those students who, for a variety of different reasons—whether as a result of learning disabilities or of social disadvantages—are less likely to attain grade 4 level in English and maths. We think it is crucial that we have a strategic approach to attaining that.
A large amount of the recent catch-up funding that was identified by the Government was never actually provided, and there has been a discrepancy between the amount of the catch-up funding that was directed to those in the most deprived communities and the amount that was provided overall. Catch-up funding, more than anything else as a result of the lockdown, particularly needed to be focused on those in the most deprived communities, who saw that attainment gap grow over the course of the covid pandemic. That the Government have a strategic plan and are operating a national review of the attainment gap—particularly setting out to achieve the reduction in their cap within six months of the passing of the Bill—is an important amendment. We therefore support the new clause.
Alex Burghart
New clause 5, tabled by the hon. Member for Rotherham, seeks to require the Secretary of State to undertake a national review and have a plan for addressing the attainment gap within six months of the Act passing in relation to those who have not achieved grade 4 or above in GCSE English or maths. The Government are clear that supporting people who are yet to achieve GCSE grade 4 or above in English or maths—the equivalent of level 2—is of the utmost importance, given that good levels of English and maths are linked to better economic and social outcomes. We want young people and adults to have the literacy and numeracy skills to thrive in work, education and life. That is why we already have a clear plan and are taking significant steps to support those who have not achieved grade 4 or above in English and maths.
All learners aged 16 to 19 are required to continue studying English and maths if they do not have a level 2 qualification in these subjects already, including, for example, those studying T-levels. Additionally, apprenticeships in particular have an exit requirement in English and maths in order to complete the programme. We also support adults by fully funding GCSE and functional skills qualifications in English and maths up to level 2 through the adult education budget. In addition, as of next year, we are rolling out Multiply, a new £559 million programme for adult numeracy, announced by my right hon. Friend the Chancellor at the spending review. This will significantly increase the provision and opportunities for adults to improve their maths skills.
More broadly, we have reformed functional skills qualifications, which are a widely acceptable alternative to GCSEs, improving their rigour and relevance. The Government have also established 21 centres for excellence in mathematics, designing new and improved teaching resources, building teacher skills and spreading best practice across the country through their wider networks. In response to disruption to education during the pandemic, a further £222 million has been provided to continue the 16-to-19 tuition fund for an addition two years from the 2022-23 academic year, allowing students to access one-to-one and small group catch-up tuition in subjects that will benefit the most, including English and maths.
Improving English and maths attainment is already a key part of the Government’s plans across higher, further and technical education. In 2020, 68% of 19-year-olds held grade 4 or above in both English and maths GCSE, which is an increase of 6 percentage points since 2013-14, the year before we required students to continue studying English and maths. This is a major step forward. The OECD’s 10-yearly survey of adult skills showed that in England people aged 16 to 65 currently perform significantly above the OECD average for literacy and around the OECD average for numeracy. The Government continually review the impact of policy, so a formal review at this time is not necessary.
Andrew Gwynne
I am heartened by what the Minister highlighted in his response to my hon. Friend the Member for Chesterfield about some of the Government’s attempts to close the attainment gap, but the reality is that it still exists and we should redouble our efforts to close it. I feel passionately about that because failing to get a good GCSE in English and maths can hold a young person back and deprive them of real opportunities later in life.
I know that from experience, because as I mentioned last Tuesday, in 1990 I left high school with a clutch of good GCSEs, but they did not include maths. I really struggled with maths at high school, much to the frustration of my dad, who was a maths teacher. It turned out that I had dyscalculia, so I struggled with numbers.
Alex Burghart
On a point of order, Mrs Miller. I hope you will indulge me for a few moments so that I can thank you and Mr Efford for the way in which you have shepherded us through these six sittings. It has been an honour and a pleasure to serve under your chairmanship, particularly as this is my first Bill Committee on the Front Bench—
The Lord Commissioner of Her Majesty's Treasury (Michael Tomlinson)
Hear, hear.
Alex Burghart
Who knows? Perhaps it will be the last. It has been a pleasure to hear a debate of this quality, to enjoy Opposition Members’ paeans to the heady days of Thatcherism when there were great opportunities in the Manchester region, and to hear their fulsome praise for former Conservative Secretaries of State for Education. It is has been a privilege to listen to the sometimes philosophical debates about whether BTECs are brands. I feel that for the sake of future historians, we should put in Hansard how cold it has been in Committee Room 14. On one occasion, an hon. Lady had to bring in a blanket and wrap herself in it. Mrs Miller, thanks to you and Mr Efford, we have survived, and we look forward to taking the Bill forward.
Skills and Post-16 Education Bill [ Lords ] (Sixth sitting)
Alex Burghart Excerpts(2 years, 5 months ago)
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The Chair
A point of order was raised this morning about there not being a debate on new clauses 1 and 4 at the beginning of proceedings today. I am happy to cover the new clauses if the Government and Opposition want that. Although they could have been debated at the time, and Opposition Members did not take the opportunity to do so, out of a sense of fairness this is a way of getting through this slight wrinkle.
Clause 21
List of relevant providers
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
What a pleasure it is to reach our sixth and final sitting on this important Bill.
Clause 21 will allow the Government to introduce a list of post-16 education or training providers. To be on the list, providers will need to meet conditions that help to protect learners against the negative impacts of provider failure. It will also help to protect public funds by preventing or mitigating the risks of provider failure. Currently, there is a risk that the short-notice exit of a provider from education and training can significantly disrupt the experience of many young people and adults. This can be because of delays in finding a new provider and insufficient planning on what happens next in these circumstances. This clause focuses the operation of a list on the types of providers that the Department considers are most at risk of an unregulated and disorderly exit from provision—independent training providers.
While we value the role of ITPs in helping to provide a more diverse and innovative learning offer, it is not right that these types of providers should operate with less in-built protection for learners than other types of further education provider. Fundamentally, we want to protect learners and public funds if providers cease to provide education or training. Where other regulatory mechanisms are not in place, we want to ensure that there is a consistent set of requirements placed on providers to protect learners and public funds, even where the provision is funded by local commissioning bodies or through subcontracts from directly funded providers.
Where a provider is not directly funded by the Secretary of State—as can be the case with ITPs—the existing levers for the Secretary of State to protect learner interests are not as strong. Contractual conditions of funding to prevent disorderly exits may also not be consistent. The Bill will allow commonality and consistency across funding streams to mitigate provider failure risks. The clause also allows the Secretary of State to set out other matters in connection with the keeping of the list of post-16 education or training providers.
We intend to consult before deciding on the detail of the way in which the scheme will operate. The Secretary of State is required to do so before making the regulations that establish the list for the first time.
Mr Toby Perkins (Chesterfield) (Lab)
May I record my thanks, Mrs Miller, for what you said a few moments ago about ensuring that new clauses 1 and 4 may be debated? I appreciate your flexibility.
We do not intend to divide the Committee on this subject, but I re-emphasise the point that I made in the discussion on the amendment. I entirely appreciate what the Minister says about the need to ensure protection for learners, but a small number of providers have a long track record of providing a small amount of provision that is none the less important in certain sectors and geographies. If this becomes a bureaucratic or economic minefield, they will simply withdraw from the sector, which will be the poorer for it. We received representations from the Manchester combined authority, which has a long history of working closely with smaller providers. It has real concerns that a national list will lead to smaller providers being missed out.
We do not intend to divide the Committee but we will continue to scrutinise the Government and ensure that the provisions put in place do not, as we fear they may if they are not carefully handled, exclude important, worthwhile providers from the list.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Prohibitions on entering into funding arrangements with providers
Alex Burghart
I beg to move amendment 24, in clause 22, page 28, line 15, leave out from first “to” to “paid” in line 16 and insert “an agreement for the funding authority to provide funding to the provider includes a reference to an agreement or arrangements between the funding authority and the provider by virtue of which amounts can or must be”
This amendment makes clear that an agreement between the Secretary of State and an education provider that must be in place in order for student loans to be paid directly to the provider counts as “funding arrangements” for the purposes of clause 22. It also covers arrangements other than agreements.
Amendment 24 is a minor and technical amendment that clarifies that advanced learner loan funding routed through the Student Loans Company is in the scope of clause 22. This has always been the intention of clause 22(9), and this amendment is merely a technical adjustment to the drafting. It ensures that advanced learner loan funding arrangements are captured by the “funding arrangements” definition in clause 22. Without the amendment, clause 22 may not be adequately applied in relation to providers who receive advanced learner loan funding.
Mr Perkins
We appreciate that clarification.
Amendment 24 agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Alex Burghart
Clause 22 is important in ensuring that a funding authority is prevented from entering funding arrangements with a provider that is not on the list. It also makes sure that the funding authority can take action to terminate funding arrangements in an orderly way should a provider cease to be on the list.
The short-notice exit of a provider from the provision of education or training can significantly disrupt the educational experience of young people and adults. The transfer of learners to another provider can take time, be extremely disruptive and increase the risk of learner disengagement. The provision of post-16 education or training is commissioned by various funding bodies and is often subcontracted. As a result, there is a wide variation in the range of obligations and requirements currently imposed on providers.
The provisions in the clause are intended to ensure that a consistent set of requirements is placed on providers and funding authorities to protect learners and public funds, even where the education or training is funded by local commissioning bodies or through subcontracts. The clause also sets out that a provider must not rely on anything in clause 22 as a reason for not carrying out existing obligations under a funding agreement. A funding authority could continue to enforce those obligations even if a provider was not on the list, as the contract would remain valid. This may be important to allow a provider to teach existing learners until they had completed their course where the risk posed by the provider could be managed.
The clause also includes the power for the Secretary of State to set out in regulations the particular characteristics of the funding arrangements that are subject to these funding controls. This is necessary so that the Department can ensure that the controls are applied proportionately. For example, de minimis requirements may be needed so that short-term and low-value arrangements for the provision of relevant education or training are not captured by the requirement for the particular provider to be on the list. The clause is essential in ensuring that there are certain restrictions and controls on the public funding of education or training providers in the scope of the list.
Mr Perkins
It is important to ensure that information is shared widely, not only with providers that might be outside mainstream education provision but with funding authorities such as mayoral or combined authorities, to ensure dialogue and so that smaller providers are not missed out.
The clause clarifies that providers must be approved and have an agreement in place for them to be allowed to have student loans paid directly. Building on the contribution I made in the debate on clause 21, it would be useful if the Minister clarified the steps the Government will take to ensure that only providers with quality offerings and financial stability and robustness receive direct payments and that these steps will not prevent quality, innovative smaller providers from accessing the important opportunities to attract new students.
Further to that, does the Minister anticipate that the extension of student finance will mean that a greater variety of private sector organisations will be able to receive student loan applications? I have met people in my constituency, and have written to his predecessor about other courses whose students have previously been excluded from getting student loans to access them, despite having a long track record of their students going into employment. To what extent does the Minister think the Bill will increase the number of learners who can get student loans for their courses, and how will he ensure that quality, innovative, smaller providers can access those opportunities?
Alex Burghart
The Government are fully aware that ITPs come in all shapes and sizes, and play an essential part in the skills ecosystem. We are very mindful that we do not want to drive good providers out of the market by creating a list. The sole purpose of the list is to ensure that all providers have in place provisions to ensure that they have contingency plans for their students should they go under. That is something that exists elsewhere in the skills space. We are extending it to ITPs, and intend to do so in such a way that will not create a bureaucratic overload. To the hon. Member’s point on student loans, it will very much depend on how the system evolves from this point.
Question put and agreed to.
Clause 22, as amended, accordingly ordered to stand part of the Bill.
Clause 23
Funding arrangements: interpretation
Question put, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss clause 24 stand part.
Alex Burghart
Clause 23 provides definitions for key terms in this part of the legislation relating to funding arrangements with post-16 educational training providers, and ensures that the correct legal person and funding arrangements that they are party to are in scope of the relevant obligations. The clause is essential to the interpretation of the list of post-16 educational providers, and should stand part of the Bill.
Clause 24 provides that the regulations for creating or keeping the list, altering the categories of education and training in scope of it, or amending primary legislation will be subject to the affirmative procedure. That means that they will be subject to an appropriate level of parliamentary scrutiny over the use of those powers, and must be approved by both Houses prior to becoming law. The clause provides that the powers to make regulations in clauses 21 and 22 include the power to make supplementary, incidental, transitional or saving provision.
By way of example, once regulations have been made under clause 21, the Department may consider it necessary to amend statutory powers to provide financial assistance for relevant educational training so that they signpost the prohibitions that will apply, and which effectively constrain those financial assistance powers. One such power will be in section 2 of the Employment and Training Act 1973. Clause 24 will ensure that there is appropriate parliamentary scrutiny over the use of the powers, and should stand part of the Bill.
Mr Perkins
We appreciate that clarification. The clause and its subsections clarify the powers to make regulations under clauses 21 and 22, and we have no desire to oppose it.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24 ordered to stand part of the Bill.
Clause 25
Provision of opportunities for education and skills development
My question to the Minister is, therefore, what is the justification for such limits? The reform has the potential to be wide ranging and revolutionary. Before further meat is added to the bones in the form of the subsequent White Paper, the Bill in its current state will introduce unnecessary limitations on the LLE. That is why new clause 7 and the two amendments are important to ensure that we can broaden the skillset of our workforce and our population, ensuring that we are able to adapt to an ever rapidly changing global economy.
Alex Burghart
Amendments 53 and 54 taken together would alter the eligibility criteria for the proposed legal entitlement to a level 3 qualification for all adults. Amendment 53 in particular is intended to make anyone in England eligible for those qualifications, regardless of their prior qualification level; and amendment 54 is intended to make anyone in England eligible if they earn less than the living wage.
Amendments 53 and 54 highlight the reason why we are opposed to putting such an entitlement into the legislation in the first place: it could constrain our ability to respond quickly and flexibly to adapt such entitlements to benefit adults who are most in need of support. For example, if we wanted to change the offer within the legislative framework, we would have to change the legislation. We have already announced that, from April next year, we will also expand the free courses for jobs offer to include any adult in England who earns below the national living wage or is unemployed, regardless of their prior qualification level. We are able to do that without needing legislation.
By targeting eligibility on the lowest-paid earners and the unemployed, we will ensure that we support those most in need of support to access better job opportunities and to improve their prospects. I hope that the hon. Member for Chesterfield agrees with that, given that amendment 54 seeks to target those same adults. However, it is also not a good use of public funding to expand eligibility in a non-targeted way to anyone, regardless of their wages or prior qualification level, which is what amendment 53 appears to do. We therefore do not support the inclusion of amendments 53 and 54 in the Bill.
Mr Perkins
That was a useful and interesting little debate. We heard a lot about the—I want say burgeoning, but at least still existing—hat industry. My hon. Friends the Members for Luton South and for Warwick and Leamington will be glad to know that I have seen at least two colleagues in hats recently—one was my hon. Friend the Member for Cardiff West (Kevin Brennan), who as they know is quite a trend-setter—so it might well be that a recovery in the hat industry is looming. It was a useful debate, and we heard some valuable contributions on why the amendments are important.
Turning to the Minister’s remarks, I accept that the amendment has similarities to and is possibly even more wide ranging than one that has already been rejected by the Committee, so we will withdraw it. However, we will press amendment 54 to a vote, because all that it seeks to do is to put on to a legal footing the promise that was made. I hear what the Minister says—“Don’t worry, we are going to deliver the policy; we just aren’t going to vote for it”—but I think there will be real value in ensuring that the Government commit to the thing that they say are going to do, which is about those who earn below the national living wage, as defined by the Living Wage Foundation, being able to access level 3 qualifications.
Given what we heard earlier in the passage of the Bill about the importance of local decision making, local skills improvement plans and local employers deciding their priorities, it would seem a sensible approach to allow them to identify local priorities and allow people to study a second level 3 qualification if addressing a known skills shortage. We will therefore look to press new clause 7, as well as amendment 54, to a Division. However, I beg to ask leave to withdraw amendment 53.
Amendment, by leave, withdrawn.
Amendment proposed: 54, in clause 25, page 30, line 17, leave out from “has” to “level.” and insert
“is earning below the Living Wage, as identified by the Living Wage Foundation.”—(Mr Perkins.)
Question proposed, That the clause stand part of the Bill.
Alex Burghart
The Government agree with the ambition to ensure that people in England have access to education no matter their age. We are committed to helping everyone get the skills that they need at every stage in their lives.
In April, we launched the free courses for jobs offer as part of the lifetime skills guarantee. That gives all adults in England the opportunity to take their first level 3 qualification for free, regardless of age. It is not right, however, to put the free courses for jobs offer into legislation. That would constrain the Government in allocating resources in future, and make it harder to adapt the policy to changing circumstances. The Secretary of State recently announced, for example, that from April next year we will expand the offer to include any adult in England who earns below the national living wage or is unemployed, regardless of their prior qualification level.
Through the adult education budget, full funding is also available through legal entitlements for adults aged 19 and over to access English and maths qualifications and fully-funded digital skills qualifications for adults with no or low digital skills. In areas where adult education is not devolved, the adult education budget can fully fund eligible learners studying up to level 2 if they are unemployed or earning below around £17,300 per year.
The spending review has provided a fixed quantum for adult skills, and the level of provision that is funded in any year needs to fit that quantum. Funding increases to follow increased numbers of learners, or a higher-funded mix of provision, will have to be subject to affordability within the overall envelope. The spending review process, rather than legislation, is the appropriate way for determining how the Government allocate resources over the long term. Funding for the free courses for jobs offer will be available throughout the three-year spending review period, giving further education providers the certainty that they need to invest in the delivery of the offer.
Moreover, the Bill is not an appropriate place to create new legal entitlements when we are in the process of reforming further education funding and of carrying out a review of qualifications at level 3 and below. Those vital programmes will ensure our skills system is fit for the future. By creating a legal entitlement for anyone to access their first qualification up to level 3, we would cut across those vital reforms and pre-empt the consultation process.
I now turn to the proposal in the clause that any employer receiving apprenticeship funding must spend at least two thirds of that funding on people who begin apprenticeships at levels 2 and 3 before the age of 25. The Chancellor’s spending review commitment delivers the first increase to apprenticeships funding since 2019-20. Funding will grow to £2.7 billion by 2024-25.
There have been some changes in the make-up of apprenticeships since the reforms: a higher proportion of apprentices are now aged over 25. In 2020-21, 16 to 24-year-olds still accounted for 50% of apprenticeship starts. In the same period, level 2 and level 3 starts made up 69% of the total. I know that there are concerns about the fall in starts among young people. I recognise the value of apprenticeships to young people embarking on their careers, and I am determined to ensure that there are good apprenticeship opportunities at all ages and stages, but I am concerned about the implications of trying to address that in the Bill.
The clause restricts opportunities for older and younger employees, and it restricts employer choice. Eighty per cent. of the UK’s 2030 workforce is already in work, so it cannot be right that only a third of apprenticeships funding is made available to those who are over 25. We want older people to be able to use apprenticeships to progress or retrain. The Confederation of British Industry estimates that one in six workers—5 million people—will go through radical job change and require re-training by 2030.
Age should not be a barrier to opportunities to learn or a limiting factor in our ambitions. I do not want to restrict young people to starting at level 2 or 3 apprenticeships. I also want an 18-year-old with good A-levels to see an apprenticeship as a strong alternative to university. They should be able to start a level 6 apprenticeship and gain a degree.
Employers agree. In evidence submitted to the Committee, the Open University sets out that 82% of employers, both large and small, believe that it is important for apprenticeships to be available for those of all ages and at all levels. Our work on accelerated apprenticeships clearly shows our ambitions for young people. The institute has already published progression routes from T-levels on digital production, design and development, civil engineering and building services design to level 4 apprenticeships. As an example, a T-level graduate in digital production, design and development could move on to a level 4 DevOps engineer apprenticeship and reduce the length of the apprenticeship training by up to 12 months. I want the apprenticeships programme to be responsive to the different needs of individuals, employers and the economy. I therefore believe that we should remove clause 25 from the Bill.
Question proposed, That the clause stand part of the Bill.
Alex Burghart
Colleges and designated institutions play a crucial part in their local communities by enabling young people and adults to gain the skills they need. In the small numbers of cases in which an institution is failing to deliver an acceptable standard of education or training, or is failing in other ways, Government must be able to intervene to secure improvement.
Existing powers under the Further and Higher Education Act 1992 to intervene in colleges in the FE sector can be used in certain prescribed circumstances in which there are serious failings: mismanagement, for example, or financial or quality failures. In those circumstances, action can be taken to remove or appoint members of the governing body, or to give direction. Clause 26 extends those existing powers to allow for intervention where the education or training provided is failing, or has failed, to adequately meet local needs. Where the prescribed circumstances are met, clause 26 also enables the Secretary of State to direct the governing body to transfer “property, rights or liabilities” to another body.
The statutory intervention powers that we are amending through clause 26 are intended to be used only as a last resort. Our core support and intervention activity is delivered through administrative processes set out in the published guidance, “College oversight: support and intervention”. The Government are not seeking these powers in order to implement a new wave of mergers across the college sector—that is not the purpose of intervention. However, there is good evidence that structural change can, in the right circumstances, play a valuable role in securing improvement. We have also been clear that decisions on the college curriculum are for the governing body, not for Ministers to second-guess. We are working with Ofsted to increase the focus of inspections on how well colleges are meeting skills needs. The Government’s primary focus is on supporting colleges and designated institutions, and preventing things from going wrong.
In conclusion, strengthening the existing statutory intervention powers is necessary to ensure that, as a last resort, the Government are able to act where there is failure and there is no alternative means of securing improvement.
Mr Perkins
Clause 26 sets out in detail some additional powers relating to further education colleges in England, and the desire of the Secretary of State to intervene. The intervention regime for colleges is already complex, having been noted as a cause for concern by the Independent Commission on the College of the Future. Dame Mary Ney’s independent review of college financial oversight also identified the complexity of the regime, and in this Bill the Secretary of State is looking to find additional reasons to intervene, beyond financial failure. There is a real risk that this clause will just add to that complexity, going precisely against the apparent aim of establishing a simpler system.
Crucially, the Bill proposes new powers of intervention for the Secretary of State without giving colleges the freedoms to deliver. Last week, the Government passed an amendment that removed colleges from being strategic partners in the establishment of local skills improvement plans, so colleges are left accountable, but not empowered. Indeed, in a way, it goes further than that: if a college were to disagree with what was in the local skills improvement plan—if it were to consider that a local skills improvement plan that had been approved did not meet the needs of all of its learners—its failure to follow that plan could lead the Secretary of State to intervene and its being considered to be a failing college.
We accept that there needs to be an understanding of interventions, but there are questions that we would like to test the Minister on. First, why is it appropriate to hold colleges accountable for the delivery of LSIPs, but not treat them as strategic partners in developing those LSIPs? Secondly, do the new intervention powers apply equally to all post-16 education providers? If not—if they apply only to FE colleges—what consultation has the DfE undertaken with the Office for Students in order to ensure that this aligns with its approach to the oversight of higher education provision? Thirdly, what happens in circumstances where colleges believe that a poor or inappropriate LSIP has been produced that is not in the long-term interests of their locality? Do they simply deliver on a plan that they believe to be inappropriate, or are there mechanisms available to them to make representations on that point? If the needs of the local learning community have altered but the LSIP has not, how would a college be able to raise that? What consequences would be available to the Secretary of State if a college was seen not to fit in with what the LSIP said, even if the circumstances on the ground had changed?
Alex Burghart
As we have made clear throughout the Bill, the Government are on a mission to create an employer-led system in which the provision of skills reflects the skills that employers in a community need. We are absolutely set on ensuring that we get qualifications designed by employers to give students the skills the economy needs, at both local and national level. The clause sets about creating an accountability framework that places colleges in that sphere. We want colleges to respond to the ideas set out in a local skills improvement plan. However, as I have also made clear, these are absolutely powers of last resort. What we are really looking for is a profitable relationship between employer representative bodies and local providers. For that reason, we hope the clause will stand part of the Bill.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Clause 27
Further education bodies in education administration: application of other insolvency procedures
Mr Perkins
I beg to move amendment 61, in clause 27, page 33, line 19, at end insert—
“(2C) Before applying to a court for an education administration order in relation to a further education body in England, the Secretary of state will conduct a review of the impact of the closure of a Further Education institution on learning opportunities in the local area and provide a report to Parliament on steps taken to ensure that the opportunities for learners are not restricted by his application for an education administration order.”
Amendment 61 is a probing amendment that would require the Secretary of State to review further education provision prior to applying for an education administration order for a college. There should also be a review of the impact of closing a college; if the impact of such a closure would be a reduction or complete removal of provision, we would request that the Secretary of State report to Parliament to allow for appropriate parliamentary scrutiny.
It is crucial for the Secretary of State to ensure that local areas have adequate further education provision before deciding to merge and close colleges. The colleges most likely to be closed are often those in more rural areas, those that are smaller, those that are facing specific challenges or those in communities that face specific challenges because they do not have the density of population. Although we recognise that there may be financial collapse as a result of their geographic isolation, that should not necessarily mean that the provision their students rely upon disappears with the merger of the college.
It is important to have scrutiny at both a local and national level. We believe that it should be parliamentary scrutiny, to ensure that the Secretary of State commits to reporting to the House before announcing such a decision, and to ensure that there is a review of the impact of a closure on the local labour market and on the courses available to people in that local community.
Alex Burghart
Amendment 61 would require the Secretary of State to conduct a review of the impact of the closure of an FE institution on learning opportunities in a local area and provide a report to Parliament on the steps taken to ensure that opportunities for learners are not restricted ahead of an application for an education administration order. We will hear about education administration orders in the next few minutes.
I appreciate what Labour Members are trying to do, but the effect would be to delay an application for an education administration order, which would run counter to the purpose of the amendment. First, if an FE body becomes insolvent, it risks being placed into a regular insolvency procedure by a creditor or its board. The primary objective of a regular insolvency procedure is to prioritise the interests of creditors. This means that any closure scenario could result in the best returns to creditors being prioritised over the needs of keeping the body open for learners. Going down a standard insolvency route with a college will prioritise creditors, risking students studying there being pushed to one side.
That is not the case with an education administration order. Education administration was brought into force via the Technical and Further Education Act 2017 for this very reason. An education administrator has a special objective to prioritise the interests of learners by avoiding or minimising disruption to student studies, which sits above the interests of creditors. This means that an education administration order does not immediately result in the closure of that FE body. Depending on the time available in any given insolvency situation, the Department conducts rigorous contingency planning in the run-up to a particular education administration—it is front-loaded; it happens before we actually place the order—including a review of the options available that best prioritise learners. Once an FE body is in education administration, all options to exit, including closure, are further reviewed by the Department in conjunction with the education administrator. When considering the various options to exit education administration, the interests of learners are paramount, given that special objective. The Department also conducts public sector equality duty reviews as part of that.
The Chair
With this it will be convenient to consider clause 28 stand part.
Alex Burghart
Clause 27 proposes to clarify ambiguities in the Technical and Further Education Act 2017 regarding the use of company voluntary arrangements—a procedure allowing a company or corporation in insolvency proceedings to come to an agreement with its creditors over the payment of debts. Company voluntary arrangements can be used as an exit route for normal administration, as set out in insolvency legislation.
Company voluntary arrangements can also be used as an exit route from education administration under the FE insolvency regime, which we have just been debating. That has been clarified in case law, which has been in place since March 2020, when the High Court of Justice Business and Property Courts of England and Wales ruled that in the education administration of West Kent and Ashford College, education administrators had the power to propose a company voluntary arrangement.
We are using the opportunity to legislate in the Bill to clarify ambiguities in the current legislation and cement that existing case law into legislation. To be clear, we are cementing what the courts have already decided on. To achieve that, clause 27 proposes to extend the existing power of the Secretary of State for Education to make regulations related to the application of insolvency legislation to FE bodies so that express provision may be made in respect of the use of company voluntary arrangements.
Clause 28 deals with the potential conflict related to the treatment of secured creditors as between the transfer scheme provisions of the Technical and Further Education Act 2017 and the provisions of the Insolvency Act 1986, as applied by the 2017 Act. Specifically, the proposal amends schedules 2, 3 and 4 to the 2017 Act, making it clear that, where a transfer scheme looks to transfer secured assets free of the security, that can happen only with either the consent of the secured creditor or a court order. That is in line with protections for secured creditors in normal administration in insolvency proceedings.
Clause 28 also cements into legislation the Government’s response to the technical consultation for the insolvency regime for further education and sixth-form colleges, which was made in June 2018. We have informed the three main lenders to the FE sector—Barclays, Lloyds and Santander—of our proposed changes, and I am pleased to report that they are supportive. Barclays said:
“As a lender with significant loan exposure to the English FE sector (and desire to continue to support colleges with new loans) we are in favour of the changes proposed. The Transfer Scheme changes in particular provides welcome clarity on a point that had previously had a negative impact on sector risk profile and our appetite to lend.”
These clauses are good for the sector and good for the law, and I believe they should be good enough for us.
Mr Perkins
As the Minister was reading out that very positive quote from Barclays about his clause, it occurred to me how rarely he has had the opportunity to read out support for his Bill over the course of its passage. That is unsurprising, of course, when he is pressing ahead with amendments that 86% of respondents to his consultation are against. None the less, it was good to hear that full-throated support for this proposal from Barclays.
We do not intend to vote against clauses 27 or 28. I will simply make the point that the financial pressures facing our further education sector over the past 11 years, and particularly the past 12 months or so, have been truly unprecedented. I regularly meet representatives of colleges who are absolutely at their wit’s end, and not only about the scale of the funding cuts they have experienced over the past 11 years, but about the extent to which last-minute decisions are constantly made that leave them in a position in which they have to make redundancies in order to stay afloat, only then to discover sometimes that there is a change in the Government’s policy and they have to recruit for some positions that they had made redundant only a few months before.
So it was with the recent announcement about the adult education clawback. I have asked parliamentary questions on this issue. A number of colleges received a clawback from their adult education fund and were told that there was no right to any appeal. Then the previous Secretary of State said that they would allow appeals and I believe that in some cases the appeals were granted. In the meantime, however, those colleges were forced to cut their cloth accordingly.
Consequently, I say to the Government that although we do not oppose clauses 27 or 28, we believe that there needs to be a much greater sense of responsibility about the Government’s role in the financial distress that many of our colleges are currently suffering, which my hon. Friend the Member for Warwick and Leamington referred to earlier, and about the impact on those colleges of the constant last-minute decision making that they have suffered over the past 11 years.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28 ordered to stand part of the Bill.
Clause 29
Meaning of “relevant service” and other key expressions
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss clause 30 stand part.
Alex Burghart
Clause 29 is the first of a chapter of clauses that relate to the criminalisation in England and Wales of contract cheating services, which are more widely known as essay mills. Taken together, this chapter of clauses will make it an offence for an organisation or individual to complete, or arrange for another person to complete, all or part of an assignment on behalf of a student. It also criminalises the advertising of these cheating services. Essay mills threaten to undermine the reputation of our education system and to devalue the hard work of those who succeed on their own merit. They also prevent students from learning themselves and risk students entering the workforce without the knowledge, skills or competence they need.
Clause 29 provides clarity on the exact meaning of the key terms used throughout this chapter of clauses; removes the potential for unintended consequences to arise from the clause; and allows for fraudulent essay mill companies, their employees and contractors to be captured by the legislation. Because of the way that we have defined “relevant service”, we have also ensured that generally permitted study support, such as revision guides, will not be in scope, but essay mill companies that complete assignments on behalf of students will be in scope.
Clause 30 criminalises providing essay mill services or arranging for such services. It is therefore crucial in our fight against essay mills. It provides a powerful legislative tool to tackle these deplorable organisations and individuals.
I will talk briefly about the practicalities of the offence that we are creating. It will be for the prosecution to prove that the cheating service has been provided to the student. However, the burden of proof in relation to the defence is on the defendant. For example, the defendant would need to prove that they could not have known, even with reasonable diligence, that the student would or might use the material provided to complete an assignment. For example, simply asking a student to sign a contract that states that they will not use the work in a certain way is not a defence. Clause 30 states that clearly.
If someone were to be found guilty, they would be liable to be punished with a fine. The appropriate fine will be determined by the courts in accordance with Sentencing Council guidelines. Clause 30 will help to tackle the existence of these companies and to fine them appropriately if they continue to carry out these illicit services.
Mr Perkins
Clause 29 defines the term “relevant service” and other key expressions. We have no desire to vote against it.
I am interested in the representations that the Minister has received about the way clause 30 is drafted. Subsection (4) will immediately set those with more experienced legal minds than mine—there are such people in this place—to consider how difficult it may be to achieve a successful prosecution under these provisions. If there is a defence that enables a defendant to say, “I had no idea what the legislation was”, that starts to bring home how difficult it might be to get successful prosecutions in this area.
Matt Western
I have a few points to add to my hon. Friend’s remarks. In principle, these clauses make some important points about essay mills and the advertising of relevant services. There is a long-overdue need to legislate to prevent such services, and this will give the issue the importance that the sector has been demanding for some time. Back in 2018, something like 40 vice-chancellors wrote to the then Secretary of State demanding action on this issue. We are three years on. The problem has grown to an industrial scale and needs tackling.
The problem has become so—well, I would not say endemic, but it is widespread, and there are many students out there who seek to access these services or feel under pressure because of the need to get good grades. There was a case not so long ago where Coventry University students were blackmailed by an essay mill company, which said that if they did not pay yet more money, it would tell their university. There is a lot to be covered in this respect, and that is why the clause is very important.
Alex Burghart
I am pleased to see that the Opposition support our move to legislate on this matter. We are all of one mind that cheating services actually end up undermining the good work of the vast majority of students, and they introduce an unnecessary element of doubt.
I reassure the Opposition that the Bill has been carefully drafted with some excellent Government lawyers. Clause 33 is designed to ensure that convictions are much more likely and that some of the easy defences—for example, that these services were just providing information and had no idea that it would be used in cheating services—cannot be used as a get-out-of-jail card. We are confident that it is a major step forward in combating this insidious crime and we look forward to its enactment.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30 ordered to stand part of the Bill.
Clause 31
Offence of advertising a relevant service
Mr Perkins
I beg to move amendment 61, in clause 27, page 33, line 19, at end insert—
‘(2C) Before applying to a court for an education administration order in relation to a further education body in England, the Secretary of state will conduct a review of the impact of the closure of a Further Education institution on learning opportunities in the local area and provide a report to Parliament on steps taken to ensure that the opportunities for learners are not restricted by his application for an education administration order.”
This probing amendment is designed to find out the Government’s anticipated tariff for such offences. To what extent is it seen as a serious offence? To us, it is absolutely obvious that the fine needs to be of a sufficient sum to make it not worth providing such services. Although we support the Government’s intentions, we seek further clarification about the level of the anticipated tariff for such an offence. Will perpetrators get off with a fine that costs them the equivalent of a week’s dinner money, or are the Government taking such offences seriously? Will they set the fine at a high enough level to act as a deterrent?
To return to the question to which I do not believe the Minister responded when we considered clause 29, in the event of a cheating service that is utilised by five students, would that be judged as five offences or one?
Mr Perkins
That is useful clarification. Can the Minister also clarify whether perpetrators would be guilty of a civil or criminal offence? Would they get a criminal record? In the event that a business was perceived to be providing those services, what would be the impact on that business? Or is an individual judged to have committed the offence? I would be grateful for that clarification.
Overall, we believe it is vital that there is a level playing field. We support the Government’s intention to prevent the use of fraudulent services, such as essay milling, and we believe that the fines should be such to act as a deterrent. We also believe that there should be a corresponding damage to reputation provision when people or businesses commit that offence. It is crucial that the amount of the fine and the publicity surrounding those fines reflect the severity of the offence. As we have said, the practice significantly undermines the efforts of all students who work hard to achieve their qualifications legitimately.
Matt Western
It would be interesting to hear from the Minister what form of penalty the Government imagine. We heard the probing question from my hon. Friend the Member for Chesterfield about the case of five individuals. Can the Minister elaborate on what sort of penalties he envisages for the business behind the essay mill? If he does not agree with our suggestion, what scale of punishment does he believe would be appropriate? Is it more akin to dropping litter, fly-tipping or another offence?
Alex Burghart
We are in agreement that essay mills need to be driven out of business, and that is why the clauses are in the Bill. In response to the hon. Gentleman’s points, these are serious criminal offences.
Andy Carter (Warrington South) (Con)
I suspect that the Minister is about to say that the Sentencing Council will have a view on the issue, and actually it is for the Sentencing Council to determine the length and type of sentences that might be involved in criminal activities.
Alex Burghart
My hon. Friend is extremely prescient, and I congratulate him on that. This is a criminal offence and we want to see it seriously punished. However, for reasons I will set out, we do not think that amendment 62 would solve the problem in the right way. It would amend clause 31 by setting a minimum penalty of a fine of no less than £5,000 for the offence of advertising a cheating service. As drafted, the Bill does not state the level of fine payable on conviction. Instead, conviction of either offence carries the penalty of an unlimited fine—as the name implies, that is a fine imposed without financial limit. That approach carries serious potential consequences and provides a significant deterrent effect to those planning to advertise contract cheating services.
The Government do not believe that setting a minimum amount is appropriate, where maximum fines are unlimited. Setting a minimum fine of £5,000 risks that level of fine being seen by essay mill providers as a likely fine, rather than a minimum. Sentencing and the precise size of a fine should be matters for the independent judiciary, in accordance with Sentencing Council guidelines, based on the full facts of the case. I would draw hon. Members attention to the fact that Ireland, which has a similar legal system and a similar offence, imposes a fine of up to €100,000 per offence and/or a prison sentence. That is the sort of thing that might go through the minds in our justice system. We do not therefore think that the amendment is necessary.
Mr Perkins
I accept what the Minister says. I do not accept that introducing a minimum fine of £5,000 would necessarily lead to essay mill services thinking that that would be the likely level, but I take his point. The amendment was a probing amendment to try to reach some understanding of the Government’s position. If there have been fines of the level that he outlined, that will be heartening for all those who want to see the issue addressed. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Alex Burghart
Clause 31 makes it an offence to advertise essay mills. Marketing and advertising are the lifeblood of any successful industry, and we do not want this industry to be successful or to have lifeblood. Many essay mill companies use marketing techniques that seem to indicate that they offer legitimate academic writing support for students, when in fact they are providing cheating services. Students who use essay mills risk their academic education and future employment prospects if they are caught cheating. Anecdotal reports indicate that some essay mills are even seeking to blackmail students who have used the services, as the hon. Member for Warwick and Leamington mentioned. The clause will put beyond doubt that advertising cheating services in England and Wales is not just unethical but illegal, and will provide the means to prosecute those who fail to comply with the law in England and Wales.
Mr Perkins
I have already outlined our support for this move. We believe that this is a serious offence. It is important that any perceived legitimacy of essay mill services is aggressively challenged. On that basis, we will support the clause.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Offences: bodies corporate and unincorporated associations
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss clause 33 stand part.
Alex Burghart
Clause 32 relates to which bodies can be prosecuted under the essay mill provisions in the Bill. Cheating service providers can range from UK-based organisations registered at Companies House with offices and permanent staff to lone individuals operating with minimal infrastructure. Where offences are committed by companies, unincorporated bodies and partnerships, the clause enables certain individuals, such as the directors of companies, to also be prosecuted in particular circumstances. It also sets out some relevant procedural rules. For example, it clarifies that proceedings for offences committed by an unincorporated body should be brought in the name of the body and not its members, and any fine imposed on conviction of an unincorporated body should be paid out of the funds of the body. The clause will enable the legislation to function with legal certainty. Clause 33 sets out the definitions of certain terms in this chapter, allowing for absolute clarity on the intended purpose of the clause.
Mr Perkins
We welcome clause 32. It is important that where offences are committed by bodies of this sort there are consequences for their officers. The clause ensures that directors, managers, secretaries or other similar officers of the body corporate are guilty of an offence, if an offence under this chapter is committed by their body corporate and either they are known to have consented and been in connivance, or it is attributable to neglect of their duties under the organisation. We will therefore support clause 32. Clause 33 is simply an interpretation clause that makes sense of the terms in clause 32.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33 ordered to stand part of the Bill.
Clause 34
16 to 19 Academy: designation as having a religious character
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss clauses 35 and 36 stand part.
Alex Burghart
Clause 34 provides the Secretary of State with an order-making power to enable the designation of 16-to-19 academies as having a religious character. It also provides for the Secretary of State to make regulations about the procedures relating to the designation. In addition, it sets out the freedoms and protections relating to religious education, collective worship and governance that the designation provides. The clause will ensure that when existing sixth form colleges designated with a religious character convert to academies they retain their religious character and associated freedoms and protections. It will also enable new and existing 16-to-19 academies to be designated with a religious character in the future. The Government are committed to supporting existing sixth-form colleges to convert to academy status. I am pleased that a significant proportion of them have already taken that step, and are making a strong contribution to strengthening the academy sector.
Clause 35 improves the efficiency of administration of the further education sector. It is thankfully rare for a further education body to enter into insolvency proceedings. However, where a designation order can form part of a rescue procedure, we need to ensure that it can take place swiftly, minimising disruption to learners and costs to the taxpayers. For some FE bodies in financial difficulty, it may be desirable to transfer the college institution from the insolvent FE body to a new solvent company as part of the process of exiting insolvency proceedings. To ensure that the institution remains within the statutory further education sector in order to keep it appropriately regulated, it would then need to be immediately designated accordingly. Existing legislation requires the Secretary of State to make a statutory instrument when he seeks to carry out such a designation. That process can take several months, and needs a completion date to be specified significantly in advance, which could complicate and delay the exit from insolvency proceedings. Delays impose a longer period of disruption on learners and could generate extra costs to the taxpayer. As such, clause 35 allows the Secretary of State to use an administrative order, which can be enacted relatively quickly, to designate an institution as being within the statutory further education sector.
Clause 36 relates to the high-level quality rating for higher education providers without an approved access and participation plan, which is currently an award under the teaching excellence and student outcomes framework. Higher education providers with a TEF award currently benefit from an uplift to their fee limit, meaning that they are able to charge a higher level than HE providers without such an award. There is currently an error in the legislation that could prevent a timely link between TEF awards and a provider’s fee limit. To take an example, let us consider a provider that does not have an approved access and participation plan. If that provider is entitled to the TEF fee uplift in any academic year, it is dependent on whether it had an award on 1 January in the calendar year before the relevant academic year. That means that a provider seeking to charge the TEF fee uplift in academic year 2022-23 could only do so based on an award that was in force in January 2021, rather than January 2022, which was the original intent. Clause 36 will correct that error and ensure a more timely link between fee limits and the TEF award, helping to further incentivise excellence in higher education.
The Chair
I call Mr Perkins.
The Chair
With this it will be convenient to discuss clause 38 stand part.
Alex Burghart
Clause 37 sets out the territorial extent of the provisions. Obviously, Westminster does not normally legislate on devolved matters without the consent of the relevant devolved Administration. However, we have sought the support of the Welsh Government to lay a legislative consent motion where there is an impact on the competence of Senedd Cymru. We have agreed with the Scottish Government and with the Northern Ireland Executive that legislative consent motions are not required.
Clause 38 sets out when provisions in the Bill come into force. General provisions on extent commencement and short title come into force on the day of Royal Assent. Subsection (2) sets out the provisions that will come into force two months after the Act is passed. All other provisions will come into force on a day, or days, appointed by the Secretary of State through regulations made by statutory instrument.
Mr Perkins
Clause 37 sets out the extent of the Bill. I heard what the Minister had to say about the Welsh Assembly; can he just confirm that he has consulted the Welsh Assembly on the extent to which this Act applies to Wales and, given that there are differences between what is offered in England and in Wales, that there is nothing in the Bill that has led to problems in that relationship? Notwithstanding that point, we agree with the extent to which the clause applies to England and Wales, and also the specific provisions that extend to Scotland and Northern Ireland. We agree with clause 38 on commencement and understand what it is saying.
Alex Burghart
I reassure the hon. Gentleman that we have consulted Welsh Ministers, and we are of one mind with our counterparts in Wales.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38 ordered to stand part of the Bill.
Clause 39
Short title
Alex Burghart
I beg to move Government amendment 26, in clause 39, page 42, line 13, leave out subsection (2).
This amendment removes the privilege amendment inserted in the Lords.
For Bills starting in the House of Lords, a privilege amendment is included to recognise the right of this place to control any charges on the people and on public funds. It is standard practice to remove such amendments at this stage of the Bill’s passage through the House of Commons.
Mr Perkins
The Labour party is always enthusiastic for powers to be centred in the hands of those with democratic accountability, so we are very keen on clause 39. The Government have not yet had an opportunity to explain why they thought it was sensible to start the passage of the Bill in the other place, notwithstanding the excellent job that their lordships have done, which the Minister has sought to wreck over the course of the past week and a half. It would be interesting to hear from the Government why they made the decision to start the Bill in the other place. Notwithstanding that, we have no reason to oppose the amendment.
Alex Burghart
I have been a Minister for only a short time, and I have to say I am unaware why the Bill started in the Lords, but I have nothing but admiration for their lordships, who did a wonderful job. Obviously, we have had to amend some of their amendments in order to make the Bill as good as it can be, but I am sure that everyone can see that the parliamentary process is being done to the full, even if it is being done this way round.
Amendment agreed to.
Clause 39, as amended, accordingly ordered to stand part of the Bill.
New Clause 1
Information about technical education and training: access to English schools
“(1) Section 42B of the Education Act 1997 (information about technical education: access to English schools) is amended as follows.
(2) In subsection (1), for “is an opportunity” substitute “are opportunities”.
(3) After subsection (1) insert—
“(1A) In complying with subsection (1), the proprietor must give access to registered pupils on at least one occasion during each of the first, second and third key phase of their education.”
(4) After subsection (2) insert—
“(2A) The proprietor of a school in England within subsection (2) must—
(a) ensure that each registered pupil meets, during each of the first and second key phases of their education, at least one provider to whom access is given (or any other number of such providers that may be specified for the purposes of that key phase by regulations under subsection (8)), and
(b) ask providers to whom access is given to provide information that includes the following—
(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,
(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,
(iii) a description of what learning or training with the provider is like, and
(iv) responses to questions from the pupils about the provider or approved technical education qualifications and apprenticeships.
(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.”
(5) In subsection (5)—
(a) in paragraph (c), at the end insert “and the times at which the access is to be given;”;
(b) after paragraph (c) insert—
“(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).”
(6) In subsection (8), after “subsection (1)” insert “or (2A)”.
(7) After subsection (9) insert—
“(9A) For the purposes of this section—
(a) the first key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and
(ii) ending with 28 February in the following school year;
(b) the second key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
(ii) ending with 28 February in the following school year;
(c) the third key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and
(ii) ending with 28 February in the following school year.””—(Alex Burghart.)
This new clause replaces clause 14. It removes requirements about university technical college access to pupils, requires access to pupils to be given in each key phase once (rather than three times), requires proprietors to ensure pupils meet at least one provider (or a prescribed number), and makes technical changes.
Brought up, and read the First time.
Alex Burghart
I beg to move, That the clause be read a Second time.
I will now discuss new clause 1, which seeks to replace clause 14. We all agree that we need to strengthen provider access legislation. The Government introduced provider access legislation in 2018 to ensure that all young people get information about technical options when planning their careers, but too many schools have disregarded the law and are reluctant to promote alternatives to A-levels and university. We announced our three-point plan to improve compliance with that legislation in the “Skills for Jobs” White Paper back in January, and that included plans to strengthen the duty.
As it stands, clause 14 would require schools to deliver nine provider encounters per pupil—three during each of the first, second and third phases of their education. We are concerned that nine encounters would place unnecessary pressure on schools and risk taking up too much curriculum time. The clause would also name university technical colleges on the face of the Bill as one of the providers that every pupil must meet where practicable. That would give more weight to one provider than the rest, and we want to act in the interests of all providers, not just university technical colleges. The new clause strengthens existing provider access legislation by requiring schools to provide a minimum of three meetings with providers of technical education or apprenticeships for pupils in school years 8 to 13.
Mr Perkins
We understand the reasons for the new clause, but what is the Government’s view about why the existing Baker clause has not been as successful as they might have liked? Has it taught the Minister anything with regard to the limitations of the statutory guidance, on which he may have chosen to reflect, and to why having things on the face of the Bill often carries greater weight than purely putting things into statutory guidance or secondary legislation?
Alex Burghart
The hon. Gentleman knows full well that Governments often keep things in statutory guidance in order to retain flexibility. The last Labour Government did that time and again. As a mere parliamentary researcher, I remember consideration of what is now the Apprenticeships, Skills, Children and Learning Act 2009, in which there were many examples of powers introduced through statutory guidance and secondary legislation. It is a time-honoured custom that is there for good reason.
In this case, we believe that there is a need to strengthen practice. In particular, I want to mention the need to strengthen quality. The other day, I was talking to a friend who has a 16-year-old daughter and who is herself in education. Her daughter had come home saying, “There is absolutely no way I’m going to do an apprenticeship.” My friend asked why and her daughter replied, “Because the man who came to talk to us today was so boring it has put me off.”
We need to ensure that we have interventions of quality. That is very much where our position is centred. The new clause includes the power for the Secretary of State to set out further details about the number and type of providers that pupils should meet under the terms of this duty. Putting the detail in secondary legislation will give us flexibility.
The new clause strikes the correct balance between widening pupil access to information on technical options in apprenticeships, without placing undue pressure on schools. It will set out in primary legislation that every state school must provide the three encounters of which I have spoken. Of course, we must ensure that those provider encounters are of high quality. That is why, for the first time, we are setting parameters for the content of the encounters in primary legislation.
We want to ensure that every encounter is meaningful and gives pupils the opportunity to explore what the provider offers, what career routes those options could lead to and what it might be to learn or train with that provider. We intend to consult school and provider representatives on the underpinning statutory guidance to ensure that we have provider access legislation that works for them and, most importantly, for young people.
With the Government’s large-scale reforms to technical education, it has never been more important for every young person to understand the full range of options that are available to them. The new clause will be crucial in ensuring that every pupil, whatever their ambitions, can explore apprenticeships, T-levels and other technical education qualifications. We want to send a clear message that schools must open their doors to other providers, so that pupils get broad and balanced information about all their options.
Mr Perkins
The Minister outlines why he believes the new clause is necessary. Given his remarks at the end there, I have to say that he would have better achieved what he set out to achieve had his party not voted against clause 14. All new clause 1 does is weaken the clause 14 that was in the Bill and that the Committee voted against this morning.
Notwithstanding that, we recognise that the new clause will be better than not having it at all. It removes requirements for university technical college access for pupils. The Minister suggested that that would be prioritising UTCs above other organisations, but I did not see it like that. I thought that they were simply referred to as another provider, and no doubt ones that Lord Baker is particularly enthusiastic to see given access.
The points that Lord Baker made in his contribution in the House of Lords are important, however, and they need to be considered. The noble Lord suggested that many schools—through either lack of time or a deliberate attempt to ensure that their students looked only at the school’s own sixth form, for financial or other reasons—were not implementing the original Baker clause and were indeed subverting the opportunities that were placed in front of children. I would be interested in hearing whether the Minister agrees with Lord Baker about that, or whether he believes that there are other reasons why alternative providers are not getting access to young people at each of those three crucial stages.
The Committee will be aware that, as part of the Labour party’s offer at the next general election, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has brought forward a plan for the equivalent of two weeks’ compulsory work experience for every pupil, and for face-to-face professional careers advice to be something that every student can rely on. We think it vital that children and young people have access to professional and appropriate careers advice. Work experience can be genuinely life-changing for many young people, particularly those from more deprived backgrounds. It is crucial that work experience is seen as a mark of an excellent school provision, rather than an additional thing that is nice to do.
It has very much been my experience that many schools leave the responsibility for work experience to the child and their parents to sort out. Effectively, the only commitment that schools require is that the child does not die or get injured while they are there. There is no real assessment of the quality of that work experience, so the milkman’s son ends up doing a milk round, while the MP’s son spends a week in an MP’s office—everyone just does the stuff that they already know. Worst of all, some children do work experience in a school, which is the one environment that they have been in for their entire lives, and that is considered acceptable.
Alternative opportunities for young people to look at different environments and learn about different opportunities are absolutely crucial. As clause 14 was rejected, we will support the new clause, but we believe it less ambitious than what their noble lordships had already introduced. Much of what the Minister said about the importance of the sector is undermined by his tabling of a clause that is weaker than the one that came from the Lords.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Lifelong learning: special educational needs
“When exercising functions under this Act, the Secretary of State must ensure that providers of further education are required to include special educational needs awareness training to all teaching staff to ensure that all staff are able to identify and adequately support those students who have special educational needs.”—(Mr Perkins.)
This new clause would place a duty on the Secretary of State to ensure that there is adequate special educational needs training for teachers of students in further education.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Mr Perkins
I beg to move, That the clause be read a Second time.
The new clause, tabled by my right hon. Friend the Member for East Ham (Stephen Timms), relates to access to sharia-compliant lifelong learning loans. It is important that students do not feel excluded from applying for lifelong learning loans because they are not sharia-compliant. There are many different aspects to loans under sharia law. Though their effect may be similar to that of other loans, the way in which they are set up and implemented is different, and the funds are also utilised in different ways.
It is incredibly important—and I think this is recognised by Members of both main parties—that action is taken on sharia-compliant lifelong learning loans. It is regrettable, however, that thus far nothing has been done. We have been given to believe that the Augar review may result in sharia-compliant lifelong learning loans, but we have not yet seen anything to that effect. My right hon. Friend’s new clause therefore encourages the Secretary of State to
“make provision by regulations for Sharia-compliant student finance to be made available as part of the lifelong learning entitlement.”
Alex Burghart
I am grateful for the opportunity to discuss sharia-compliant student finance. The Government have been considering an alternative student finance product, compatible with Islamic finance principles, alongside their other priorities as they conclude the post-18 review of educational funding.
New powers were taken in section 86 of the Higher Education and Research Act 2017 to enable the Secretary of State to make alternative payments, in addition to grants and loans, to enable the implementation of ASF. Clause 15 already makes provision for such alternative payments to be made as part of the lifetime loan entitlement. As such, when coupled with the existing provisions in HERA, the new clause would not give the Secretary of State any additional powers. The clause 15 provisions for alternative payments would come into force should the Government decide to commence the provisions in HERA that enable alternative payments to be provided to students. The Government will reach a decision on the availability of a sharia-compliant student finance product as part of the full and final conclusion of the post-18 review, and will provide an update on ASF at that time.
In relation to the second part of the new clause, the Secretary of State may already lay student support regulations using the affirmative procedure contained in section 42 of the Teaching and Higher Education 1998, should he choose to do so. The new clause would not add any powers beyond those already under the Bill or existing legislation, and so should not be added to the Bill.
Rachel Hopkins
I rise to support new clause 4, tabled by my right hon. Friend the Member for East Ham. The Minister says we will see the outcome of the post-18 review with regards to HERA. However, the reason why it is so important that the new clause is added to the Bill relates to further education. Because no finance or loans fit with the principles of Islam, many people end up saving up until they have sufficient funds to be able to afford their degree. The whole point of the Bill is the emphasis on ensuring that people can up their skills at level 3. If they are not able to access a loan that is compliant with the principles of Islam, and if they are on a low income, they really have no chance of being able to save up to afford to fund up front from their savings. The proposal of a lifelong learning entitlement through a loan therefore becomes a vicious circle, and they will not be able to access the training and gain the skills that they need.
For many people, this really is a matter of urgency if we are genuinely going to help people to reskill or upskill, particularly for many constituents of mine in Luton South. It is important to push the Government on this, particularly because HERA was published in 2017, and because of the commitment from the former Prime Minister, Mr Cameron, in 2013 when this first started to be talked about. This long-term delay and lack of action is not good enough. I support new clause 4.
Question put, That the clause be read a Second time.
Mr Perkins
I beg to move, That the clause be read a Second time.
The new clause was tabled by my hon. Friend the Member for Rotherham (Sarah Champion). It would introduce a national review and plan for addressing the attainment gap and intends to ensure that everybody is supported to obtain the level of English and/or maths skills they need by requiring the Department for Education to have a plan to close the attainment gap based on a review of current policies and barriers to attainment in English and/or maths. Our attainment levels as a nation, particularly in maths, are noticeably behind many of our competitor nations, and particularly the major nations in Europe. It is crucial that there are both local and national strategies to raise attainment for English and maths at grade 4.
I think there is widespread agreement on that across the House. The Government’s approach has often been to say, “Well, until you have achieved this, you cannot do that.” The Labour party’s approach has always been much more of a carrot. We recognise that there needs to be greater investment, specifically in picking out those students who, for a variety of different reasons—whether as a result of learning disabilities or of social disadvantages—are less likely to attain grade 4 level in English and maths. We think it is crucial that we have a strategic approach to attaining that.
A large amount of the recent catch-up funding that was identified by the Government was never actually provided, and there has been a discrepancy between the amount of the catch-up funding that was directed to those in the most deprived communities and the amount that was provided overall. Catch-up funding, more than anything else as a result of the lockdown, particularly needed to be focused on those in the most deprived communities, who saw that attainment gap grow over the course of the covid pandemic. That the Government have a strategic plan and are operating a national review of the attainment gap—particularly setting out to achieve the reduction in their cap within six months of the passing of the Bill—is an important amendment. We therefore support the new clause.
Alex Burghart
New clause 5, tabled by the hon. Member for Rotherham, seeks to require the Secretary of State to undertake a national review and have a plan for addressing the attainment gap within six months of the Act passing in relation to those who have not achieved grade 4 or above in GCSE English or maths. The Government are clear that supporting people who are yet to achieve GCSE grade 4 or above in English or maths—the equivalent of level 2—is of the utmost importance, given that good levels of English and maths are linked to better economic and social outcomes. We want young people and adults to have the literacy and numeracy skills to thrive in work, education and life. That is why we already have a clear plan and are taking significant steps to support those who have not achieved grade 4 or above in English and maths.
All learners aged 16 to 19 are required to continue studying English and maths if they do not have a level 2 qualification in these subjects already, including, for example, those studying T-levels. Additionally, apprenticeships in particular have an exit requirement in English and maths in order to complete the programme. We also support adults by fully funding GCSE and functional skills qualifications in English and maths up to level 2 through the adult education budget. In addition, as of next year, we are rolling out Multiply, a new £559 million programme for adult numeracy, announced by my right hon. Friend the Chancellor at the spending review. This will significantly increase the provision and opportunities for adults to improve their maths skills.
More broadly, we have reformed functional skills qualifications, which are a widely acceptable alternative to GCSEs, improving their rigour and relevance. The Government have also established 21 centres for excellence in mathematics, designing new and improved teaching resources, building teacher skills and spreading best practice across the country through their wider networks. In response to disruption to education during the pandemic, a further £222 million has been provided to continue the 16-to-19 tuition fund for an addition two years from the 2022-23 academic year, allowing students to access one-to-one and small group catch-up tuition in subjects that will benefit the most, including English and maths.
Improving English and maths attainment is already a key part of the Government’s plans across higher, further and technical education. In 2020, 68% of 19-year-olds held grade 4 or above in both English and maths GCSE, which is an increase of 6 percentage points since 2013-14, the year before we required students to continue studying English and maths. This is a major step forward. The OECD’s 10-yearly survey of adult skills showed that in England people aged 16 to 65 currently perform significantly above the OECD average for literacy and around the OECD average for numeracy. The Government continually review the impact of policy, so a formal review at this time is not necessary.
Andrew Gwynne
I am heartened by what the Minister highlighted in his response to my hon. Friend the Member for Chesterfield about some of the Government’s attempts to close the attainment gap, but the reality is that it still exists and we should redouble our efforts to close it. I feel passionately about that because failing to get a good GCSE in English and maths can hold a young person back and deprive them of real opportunities later in life.
I know that from experience, because as I mentioned last Tuesday, in 1990 I left high school with a clutch of good GCSEs, but they did not include maths. I really struggled with maths at high school, much to the frustration of my dad, who was a maths teacher. It turned out that I had dyscalculia, so I struggled with numbers.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Alex Burghart
On a point of order, Mrs Miller. I hope you will indulge me for a few moments so that I can thank you and Mr Efford for the way in which you have shepherded us through these six sittings. It has been an honour and a pleasure to serve under your chairmanship, particularly as this is my first Bill Committee on the Front Bench—
Alex Burghart
Who knows? Perhaps it will be the last. It has been a pleasure to hear a debate of this quality, to enjoy Opposition Members’ paeans to the heady days of Thatcherism when there were great opportunities in the Manchester region, and to hear their fulsome praise for former Conservative Secretaries of State for Education. It is has been a privilege to listen to the sometimes philosophical debates about whether BTECs are brands. I feel that for the sake of future historians, we should put in Hansard how cold it has been in Committee Room 14. On one occasion, an hon. Lady had to bring in a blanket and wrap herself in it. Mrs Miller, thanks to you and Mr Efford, we have survived, and we look forward to taking the Bill forward.
The Chair
I thank the Minister for his very kind words.
Oral Answers to Questions
Alex Burghart Excerpts(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mrs Flick Drummond (Meon Valley) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
Our review of technical education at levels 2 and 3 is providing new routes to work, ensuring that all students have qualifications, designed with employers, that meet the needs of the economy.
Henry Smith
From next September, Crawley College in my constituency will be offering an expanded number of T-levels, including in healthcare, science, education and construction. Would my hon. Friend like to pay a visit to that institution to see those opportunities for local 16 to 19-year-olds?
Alex Burghart
Any invitation to Crawley is too good to miss, and I would be absolutely delighted to come and see the roll-out of T-levels in my hon. Friend’s constituency. In my time as a Minister, I have had the pleasure of seeing many such colleges, and students and tutors are united in their enthusiasm for the project on which they have embarked.
Mrs Drummond
If the Government are keen on improving skills, levelling up and improving technical qualifications, including for green jobs, is this not the time to seriously consider having a 14 to 18 curriculum so that students can study these subjects in depth?
Alex Burghart
My hon. Friend is a powerful advocate for the position that she has just outlined. The Government are committed to providing young people with technical skills and the knowledge to progress. Indeed, strong university technical colleges such as the outstanding UTC in Portsmouth are succeeding in equipping their students with these vital skills. I understand that she met my right hon. Friend the Secretary of State to discuss this the other day.
Dr James Davies (Vale of Clwyd) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
The Turing scheme is the UK’s global programme for studying and working abroad. Widening access is central to it, and students from disadvantaged backgrounds are offered additional financial support including an increased grant towards living costs and funding for travel-related costs. I understand that almost half of those who go on the Turing scheme will be from disadvantaged backgrounds.
Dr Davies
The arrival of the Turing scheme is good news for young people in my constituency, including those at Coleg Llandrillo Rhyl who are planning a trip to France in the new year. Can the Minister give me an update on how the scheme is benefiting those in Wales more widely?
Alex Burghart
Absolutely. One of the things we wanted to do when we designed Turing was to ensure that it was a UK-wide programme and that young people from all parts of the United Kingdom could take advantage of it. That has included Wales, and indeed north Wales. Recently, I was lucky enough to speak to participants from across the UK, and we are seeing young people doing remarkable new things and having opportunities that they would otherwise not have been able to take advantage of.
Dave Doogan (Angus) (SNP)
Scotland received £8.3 million under the UK Government’s Turing scheme, compared with £22.6 million under the Erasmus+ scheme. Given that this £14 million reduction will clearly impact opportunities for young learners to study abroad, when will the UK Government seeks to close this gap and properly fund study abroad?
Alex Burghart
The UK Government are putting £110 million into Turing, and I am delighted to say that in the first round 29 Scottish providers have been able to take advantage of this Treasury-funded scheme. More than £8 million in funding has already gone to Scotland. The other day, I was lucky enough to be at Glasgow University, where I met the chancellor and students, who were absolutely delighted with the opportunities that it was providing.
Sir Desmond Swayne (New Forest West) (Con)
Damien Moore (Southport) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
We are working to upgrade further education colleges through the FE capital transformation programme. We are investing £1.5 billion between 2020 and 2026 to tackle poor conditions in the FE estate and to ensure our colleges are excellent places for people to learn.
Damien Moore
King George V College in my constituency has a reputation for producing outstanding A-level results, with students going on to do great things. It is a model for how things can evolve in the education sector. Will the Minister commit to joining me on a visit to the college to see how it could be a blueprint for development in other areas across the country?
Alex Burghart
Going to Southport would be as great an honour as going to Crawley. I would be delighted to see how Southport is taking advantage of the £480,000 it recently received from the FE capital transformation fund.
Stephen Crabb (Preseli Pembrokeshire) (Con)