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Further Education and Training Bill [Lords]

I hope to be able to assuage some of my right hon. Friend’s concerns as I respond to a detailed debate in which good points have been made. The hon. Member for South Holland and The Deepings, among others, referred to Privy Council powers and whether the Welsh Assembly Government had the power, in essence, to award foundation degrees. Fforwm queried whether foundation degree-awarding powers were a matter for Welsh Ministers, as the Welsh Assembly Government have not been devolved any powers with regard to the Privy Council. Yet clause 19 amends section 76 of the Further and Higher Education Act 1992, which makes provision for degree-awarding powers for institutions in England and Wales. There has not been a formal transfer of functions of section 76 to the Welsh Assembly Government, but the First Minister will advise the Privy Council on the exercise of its functions under that section. The First Minister advises the Privy Council by virtue of his role as a Privy Councillor and of the fact that HE and FE in Wales are devolved matters. Therefore, this is a matter for the Welsh Assembly Government, but the First Minister has a direct role as a Privy Councillor. Let me illustrate how that would work in practice. If a higher education institution wished to secure degree-awarding powers, it would ask the Privy Council, which would ask the First Minister—a Privy Councillor himself—for advice. Taking advice from the First Minister, the Privy Council would then decide whether to grant the HEI degree-awarding powers. There is a direct link, and a mechanism does exist.