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Further Education and Training Bill [HL]

My Lords, there are occasions in life where absence is more eloquent than presence, and I took the absence of the noble Lord, Lord Dearing, to indicate such wholehearted agreement with the Government in their endeavours in this area that he did not even feel the need to be present to move his amendments. However, the noble Baroness, Lady Darcy, stepped in at the last moment to ensure that we could have this debate and I was not able to get away with the Third Reading taking only 10 seconds—which was my expectation at the beginning. First, I echo the tribute made by my noble friend Lord Bilston to the work of the further education sector, which does absolutely outstanding work in communities up and down the country, and this Bill will enable that sector to flourish still further. I also pay tribute to the work of the noble Lord in the further education group in this House, which does a great deal to raise the flag for further education. I reciprocate the compliments and thanks given to the Government by the noble Baroness, Lady Morris, on behalf of her and her colleagues, and to the noble Baroness, Lady Walmsley. The three parties have been engaged in a highly constructive process to get the best legislation we can to enable our further education colleges to develop their missions to serve more effectively their local communities. I thank other noble Lords, including the noble Lords, Lord Dearing and Lord Sutherland, and my noble friend Lady Warwick, who wears a double hat in these debates. She sits behind me in more senses than one, watching what I do in relation to reforms that affect universities, and she very properly safeguards their interests vigilantly. I shall divide my remarks into two and speak first on articulation and progression, raised by the amendments of the noble Lord, Lord Dearing. For many students taking foundation degree programmes, the qualification will represent the first step of a higher education career. It is essential that all students have the assurance that their qualification will allow them to progress onto further, higher-level study; and that is why the articulation agreements that form a core part of all foundation degree programmes are so vital, wherever they are delivered. The draft criteria for foundation degree-awarding powers, which I circulated to the House yesterday, make that very clear. Paragraph 30 of section 3 states: "““Clear routes that facilitate opportunities for successful progression from Foundation Degrees towards another qualification are an important feature of Foundation Degrees. Such routes should be established when Foundation Degrees are validated, and identify the link(s) between the Foundation Degree and other qualification(s)””." We have given a good deal of thought in response to the earlier debates in the House as to whether there should be a statutory underpinning for progression. In response to the arguments made in our earlier debates, the Government have concluded that a statutory requirement about progression arrangements would be an additional means of building the confidence that both learners and institutions can place in the foundation degree and ensuring that the interests of learners are kept at the forefront. We therefore intend to bring forward a Government amendment in another place to address progression. Our aim is to frame an amendment flexible enough to ensure that the criteria are able to evolve over time. It is also extremely important that in adopting this approach we should not inadvertently impose unnecessary restrictions or obligations on institutions. New degree courses are constantly being devised, and some students may not wish to progress directly on to further study once they have completed their foundation degree. We need to take account of that. We would also be concerned to ensure that the amendment does not have a prescriptive effect on the admissions policies of higher education institutions, which are of course independent. We would therefore consult widely on the form of an amendment which underpins progression but which meets the other points I have just made. I hope that this undertaking is sufficient for the noble Lord, Lord Dearing, to feel able to have his amendment withdrawn. I turn now to franchising. The proposals on foundation degree awarding powers were amended on Report to enable the Privy Council to specify restrictions on how a further education institution may exercise these powers. One of the restrictions is that a further education institution with the power to award foundation degrees may not authorise other institutions to award foundation degrees on its behalf. The other restriction is that the further education institution may only award foundation degrees to students enrolled at that institution at the time they complete the relevant course of study. The revised QAA draft criteria document that I have circulated to noble Lords specifies that if an institution has been granted this restricted category of foundation degree awarding powers, it is unacceptable for that institution to delegate a significant level of provision to another FE institution without foundation degree awarding powers. The revised criteria also make clear that suitably rigorous controls will be in place to ensure the standard of provision wherever it is delivered, and that includes the workplace. Only after a probationary period of at least six years, when the QAA is satisfied that an FE institution with degree awarding powers has developed a robust track record in awarding its own foundation degrees, would the QAA be in a position to recommend to the Privy Council that the FE institution’s powers be upgraded to include the power to award foundation degrees to students enrolled at other institutions and the power to authorise other institutions to award foundation degrees on its behalf. The noble Lord, Lord Dearing, is rightly concerned to maintain high standards while accepting the principle of further education institutions having foundation degree awarding powers beyond the six-year period. During the initial six-year probationary period, an FE institution that is granted foundation degree awarding powers will be expected to establish strong quality-assurance credentials. The QAA will carry out an interim review of the institution’s provision during the six-year period, which will give early warning of any possible area of concern. There will of course be a full assessment at the end of the six years of an application for renewal, if one is made. This means that the institution will have satisfied quality-control checks at three separate points: during the initial application, at the interim review, and with the application for renewal of the powers. However, let me provide reassurance beyond the six-year period. The QAA will continue to play an audit role in relation to the institution thereafter. If the institution is judged inadequate, it will not achieve a judgment of broad confidence from the QAA. Judgments of limited confidence or no confidence would have very serious and adverse consequences for the institution’s reputation. Furthermore, the independent report on the effect of Clause 17, which we have undertaken to publish and lay before Parliament, could consider franchising. We propose to publish draft terms of reference for this report and will be happy to look at suggestions as to how they can be improved, including whether franchising should be a specific term of reference in that review. I stress that the inquiry is now to be independent; we took that decision in response to the point that my noble friend Lady Blackstone made on Report. I confirmed that in my correspondence with her. My honourable friend Bill Rammell, the Minister for Lifelong Learning, Further and Higher Education, is prepared to repeat this commitment on the record in the other place. Having said all that, I hope that the noble Lord, Lord Dearing, will feel that his concerns have been addressed. In conclusion, I pay tribute to him personally for all his work to enable a consensus to be formed in this important area.