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Further Education and Training Bill [HL]

I very much agree with the sentiments of the noble Baroness. I shall speak to Clause 17 stand part, which is grouped with these amendments. Clause 17, which gives the Learning and Skills Council greater powers to intervene in FE colleges, and Clause 18, which does the same for the Welsh Assembly, go against even the recommendation in the Government’s report for the development of the further education sector of more independence for the colleges and a greater willingness to allow a real diversity. Although we understand the necessity for last-resort intervention in a failing college, we think the degree of intervention that will now be possible, as well as the development of the power to intervene given to bodies, which will necessarily be in close contact with the colleges for more day-to-day matters—for instance, in Clause 10, where they are allowed to have partnerships—could very well be a conflict of interests; as does my noble friend Lord Norton of Louth, who, sadly, is not in his place today because he is at a degree-awarding ceremony, of which we shall hear more later. Therefore, we think that this provision is misguided. Does the Minister not feel that giving the Learning and Skills Council for England the power to intervene in colleges to which it already issues guidance will only increase the likelihood of colleges playing it safe and following the standard line, rather than exploring innovation, for fear of sanctions? I understand that a college will still be able to appeal to the Secretary of State, but I am worried by the trend that the Bill seems to indicate of devolving yet more power away from the Secretary of State not to the colleges, where we would like to see it go, but yet again to the unelected LSC. Have there been any times when the current powers of intervention and guidance have not been sufficient?