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Further Education and Training Bill [HL]

My Lords, I declare an interest as a professor in higher education. My opening point is a general one and concerns the form in which legislation is presented. Where a Bill amends extant legislation, it contains clauses that substitute provisions for those of the earlier measures. Thiscan make it very difficult to grasp the precise effects of a clause, especially in the wider context of the legislation being amended. Indeed, were it not for the welcome introduction of Explanatory Notes, it would on occasion be impossible to know what the effect of an amendment is or at least what it is intended to be. The Bill is an excellent example of the genre. As the noble Baroness, Lady Lockwood, said, it is something of a technical measure. It has 33 clauses. If we leave aside the last six clauses, which are essentially standard clauses dealing with commencement and the like, we are left with 27 clauses. Of those, only three are free-standing clauses. The rest repeal or amend legislation. Their effect can sometimes be gleaned from the way in which they are drafted, and the Explanatory Notes explain, albeit briefly, the effect or intended effect. The notes, however, are no substitute for seeing the provisions alongside those that they are amending or replacing. The Constitution Committee, in its 2004 report on the legislative process, recommended the greater use of Keeling-like schedules so that the effect on the amended Act or Acts could be clearly seen. It strikes me that this Bill would have benefited from such a schedule being appended to the Explanatory Notes. Can the Minister tell us whether consideration was given to producing such a schedule for the Bill, and, if not, why not? It is a question that I may well ask when other Bills of this nature are brought forward. It is important that departments get into the habit of thinking about whether Keeling-like schedules are appropriate. Before I turn to the specific provisions of the Bill, I shall make some comments about the contribution of further education. I agree with the view, expressed in the White Paper, that FE has delivered a great deal and that what it has achieved is not that well known. As the Foster report noted, the FE system does not enjoy a high profile or a strong reputation compared with other parts of the education system. The Association of Colleges is seeking to raise the profile, but FE is still seen as something of the poor relation of the education sector. It is a misplaced perception. FE makes a major and successful contribution to educating a large proportion of the population, although I agree with the White Paper—a point reiterated by the Minister—that the need to maintain our competitiveness internationally means that we have to continue to improve what FE, and indeed our whole education sector, delivers. On the Bill, I agree with those speakers who have queried the timing of its introduction. Why has it been introduced now, without waiting to integrate the recommendations of the Leitch report? I agree with my noble friend Lady Morris of Bolton and the noble Baroness, Lady Sharp of Guildford, that it is a lost opportunity. Parts of the Bill may need to be amended in the near future. It is not, it has to be said, a shining example of joined-up thinking. I turn to the provisions of the Bill. The changes made to the Learning and Skills Council are designed as a means of providing greater strategic leadership, and, in so doing, they also serve to reduce some of the regulatory burden. Anything that improves or reduces regulation is to be welcomed. I note, however, the concerns of the manufacturers' association, the EEF, that the provision of a single LSC strategic partner may result in a ““minimalist”” service, as well as those of the Local Government Association that it moves away from local engagement. It is a case of getting the balance right. There needs to be strategic leadership while retaining the capacity to shape FE provision to meet the needs of the locality and local employers. Clause 7 may be the means of providing that balance, but it is an enabling clause, so a great deal will rest on the guidance. It may be helpful to hear the Minister's views on what it is intended that the guidance will cover and, indeed, whether he believes that the clause should be amended to meet the concerns of the LGA, the National Institute of Adult and Continuing Education and the noble Lord, Lord Low of Dalston. For reasons of time, and because others have addressed it, I shall deal only briefly with Clause 19. Like others, I am not sure where this clause has come from. It was not foreshadowed in the White Paper and, as the noble Baroness, Lady Sharp, mentioned, it was not in the Foster report. Perhaps the Minister can explain what consultation has taken place and what other options were considered. The Minister has explained the problem that the clause is intended to address but not why this provision is preferable to the alternatives. The AoC has made the point that very few FE colleges are likely to seek degree-awarding powers. The Minister said that it would be a minority, which is not quite the same thing. Given that, what thought was given to improving the speed and cost-efficiency of the existing process of validation, and what study has been undertaken of the possible consequences of the provision? I share the views of the noble Baroness, Lady Sharp, about the problems of international perception that may result from the terminology employed for the qualification. It is important that degree-awarding powers are not pursued at the expense of other qualifications offered in the FE sector. There is the danger of pursuing what the NIACE refers to as a ““signature qualification””. It is also important that the points made in the NUS’s briefing paper are addressed. I agree with the NUS that foundation degrees should be stand-alone degrees if that is what learners require but at the same time, where learners wish to proceed to higher education, there should be, as the NUS puts it, a ““seamless transition””. Foundation degrees should serve as an effective, and attractive, conduit for progression to an honours degree. Employers needto have an input but so, too, do universities if foundation degrees are to provide the basis for going on to complete an honours degree. Indeed, existing arrangements give students in FE an advantage over those who progress through the standard route of A-level to degree. If the Government are to pursue the proposal, several important recommendations that have been made, including by the NUS, will need to be considered. But, as things stand, we need a much more compelling justification for this clause. The case for it has been asserted, but not established. Let me deal briefly with other clauses of the Bill. I am concerned at the range of powers and functions vested in the LSC. If one reads Clause 10 in conjunction with Clauses 14, 15 and 16, one can see the problem. On the one hand, the LSC is being empowered to expand its capacity to supply a range of services, such as HR functions and payroll administration, while, on the other, it is being given power to incorporate and to dissolve further education corporations. Will the LSC have both the skills and the resources to fulfil such a range of functions? What mechanisms are in place to ensure that the LSC will be fit for purpose? On the powers of incorporation and dissolution, concerns have been raised about consultation and addressing the needs of students in the affected institutions. Will Clause 15, requiring the LSC to consider representations made to it, be adequate to meet the concerns about consultation? How much thought has been given to what will happen to students in colleges that are subject to closure? It will be helpful to have the Minister's response to the very genuine point raised by the NUS. There may be a need to incorporate safeguards in the Bill and, indeed, to consider slimming down the range of tasks that the LSC is empowered to fulfil. I also note the concerns expressed by the NIACE about the abolition of the Young People's Learning Committee and Adult Learning Committee under Clause 5. Perhaps the Minister can explain why abolition is necessary. To conclude, I agree with the observation of the noble Baroness, Lady Sharp, that the Bill raises more questions than it answers. Perhaps I should say to the Minister: discuss.