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Further Education and Training Bill [HL]

moved Amendment No. 45: 45: After Clause 18 , insert the following new Clause— ““Communication with colleges After section 59 of FHEA 1992, insert— ““59A Communication with colleges (1) In considering whether to issue any guidance or other circular to the governing bodies or principals of further education colleges in the exercise of functions relating to education and training, the Learning and Skills Council and the National Assembly for Wales shall have regard to— (a) the benefits that are expected to result from the issue of the guidance or other circular, and (b) the desirability of avoiding— (i) the sending of excessive material to governing bodies or principals, and (ii) the imposition of excessive administrative burdens on governing bodies or principals. (2) In pursuance of the duty in subsection (1), the Learning and Skills Council shall, in respect of each academic year— (a) prepare a report listing— (i) documents sent during the year to all further education colleges in England or to all principals of such colleges, and (ii) documents (not falling within sub-paragraph (i)) sent by the Learning and Skills Council during the year to all governing bodies of further education colleges in England of a particular kind or to all principals of such colleges of a particular kind, and (b) lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by the Learning and Skills Council. (3) In pursuance of the duty in subsection (1), the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing— (a) documents sent by the Assembly during the year to all governing bodies of further education colleges in Wales or to all principals of such colleges, and (b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of further education colleges in Wales of a particular kind or to all principals of such colleges of a particular kind. (4) The documents referred to in subsections (2) and (3) do not include any document sent by the Learning and Skills Council or the National Assembly for Wales— (a) otherwise than in the exercise of functions relating to education, or (b) at the request of the person to whom it is sent. (5) Each document issued by the Learning and Skills Council or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Learning and Skills Council or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document. (6) Each document issued by the Learning and Skills Council or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended. (7) In this section ““academic year”” means a period beginning on 1st August and ending on the next 31st July.”””” The noble Baroness said: The amendment is based upon one that the Government moved in response to Lady Blatch’s amendment at the Report stage of the Education Act 2002. I have spoken already of the importance of reducing the bureaucratic and regulatory burden on both the public and private sector. Colleges fall into both categories and so bear a double burden. They are subject to the same liabilities as the private sector and their survival is dependent upon appealing to the public enough to maintain a student body. At the same time, they are subject not only to the Learning and Skills Council but the 22 other organisations counted by Sir Andrew Foster, all with some role in planning, funding and regulating them. The amendment is designed to make the LSC consider this burden before it adds to the flurry of circulars, forms and directives heading towards colleges. The requirement to monitor what impact the veritable snow storm is having will help create an incentive for its reduction while leaving necessary bureaucracy untouched. In this way, both colleges and the LSC can move toward a more efficient and streamlined relationship by means of self-regulation, an end on which both we and the Government can agree. But in case the Minister is not persuaded by my words, perhaps he can be persuaded by the words of his honourable friend David Miliband who, in moving the Government’s amendment during consideration of Lords amendments in another place in 2002, was far-sighted enough to say, "““we want to reduce burdens on schools … I believe, and the Government believe, that a requirement to report annually to Parliament listing the Department’s direct communications with schools could reinforce our determination to do so … an annual report to Parliament would establish the right incentives for both Ministers and civil servants, making them think not just twice or three times but perhaps four times about communications to schools … it will provide much greater transparency””.—[Official Report, Commons, 15/7/02; cols. 73-74.]" I hope the Government will take this amendment in the same spirit as they did in 2002 when they accepted it for schools and that we will see the complexity and overregulation of the further education sector start to abate. I beg to move.