---

Further Education and Training Bill [HL]

My Lords, the noble Viscount returns to an issue that he raised in Committee: the legitimacy of directions by Ministers on policy or routine management. Perhaps I could seek to reassure him again that it is not our intention to act unreasonably in this regard. The sort of matters that we envisage being subject to directions rather than guidance include the organisations and bodies to be consulted in preparing a strategy on the part of the respective learning and skills council, the form of and broad areas to be covered by the strategy, and matters to which a body should ““have regard”” when preparing its strategy. It is our firm intention to keep directions high-level and specific. We have demonstrated this clearly in the draft directions that we have already published for the strategy-making body for London, which I made available to noble Lords at an earlier stage. That document set out very clearly the scope of proposed directions. Those directions concern the form and content of the London strategy-making body. The strategy must, "““be presented as a written document; focus on training and skills for learners aged 19 and above who are in employment or who will be seeking employment … be supported by a high quality evidence base and identify the evidence used in formulating or reviewing it; contain measurable outcomes; promote equality of opportunity””." It sets out the elements that must be covered by the strategy. It also sets out a process for updating the strategy, stating that it must be set for a period of five years and formally reviewed and updated annually. It also sets out arrangements for consultation when formulating or reviewing a strategy, including listing the bodies that should be consulted. We do not regard those as unreasonable matters that the strategy-making body should have regard to in devising a strategy; on the contrary, if we were not able to give assurances that these matters would be pursued by the respective strategy-making body, I believe we would be in dereliction of our duties to Parliament. So we think that the matters covered by the proposed directions are reasonable and, on that basis, I do not believe that the issues raised by the noble Viscount apply. However, as he says, as a last resort, there could be a judicial review if the Secretary of State sought to act unreasonably. Although I cannot give him the figures for judicial reviews in this area, they are common within the public sector where it is thought that public bodies act unreasonably.