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Dr. Howells: My hon. Friend may have known that, but I did not.
The instructor manual of the Professional Association of Diving Instructors says that the open water diver course enables the student to engage in
I have described that first element in some detail to provide the background to the other elements of the complaint identified by Lord Henley. The second element is that the FEFC should have accepted the opinions of the college principals involved that the courses were eligible for funding. This bears on the system in place for determining eligibility. The third element is that the FEFC did not make its decisions sufficiently clear, sufficiently well known or sufficiently early. This bears on the way in which the FEFC communicated its views to the sector. The fourth element is that the FEFC did not take action, even though it was aware of colleges' plans to include such courses. This bears on the system of communication between colleges and the FEFC.
I have outlined the complaint. What has happened since? The FEFC has replied to Lord Henley's letter, rejecting the four elements of the complaint in some detail. Departmental officials are considering the matter. In doing so, the FEFC has been asked for clarification on certain points, and the advice of counsel has been taken. In the light of that advice, officials have written to the FEFC seeking its further comments.
Departmental officials and our legal advisers have been aware of the urgency with which this matter should be pursued and they are even more aware of it today. However, the important thing is that it should be dealt with properly. Ministers are being kept informed of progress and are content that the matter is being dealt properly. It should be dealt with now and it is being dealt with now. Counsel advises that it should be dealt with as speedily as the nature of the complaint allows, but it is a complicated issue. We do not think that it would helpful or appropriate for the advice that we have received from counsel to be made public at this point.
Throughout, departmental officials have kept Mr. Welsh informed. We will continue to do so. Officials have also reminded him that he must take his own advice about the merit of pursuing alternative courses of action, in particular, pursuing the colleges in question in court--after all, it is with them that he has the contractual arrangement. Mr. Welsh has pursued this matter with energy and vigour and is in regular written and telephone contact with the Department. He has been kept fully informed of progress and, as I am sure the hon. Member for South-West Devon knows, conversations with Mr. Welsh have been many and there has been a full exchange of information.
I repeat that we are dealing with the matter urgently, but properly. I will certainly interest myself closely in the case and want to assure myself that the matter is being handled with all due speed. However, my right hon. Friend the Secretary of State will consider the complaint only on the basis of advice from officials and that advice will not be offered until it is soundly based. Mr. Welsh will be kept informed of developments.
I give the hon. Member for South-West Devon an undertaking that these matters are proceeding and that they will proceed more quickly. I understand the passion with which he addressed the issue; these jobs are important. I am shocked at what appear to be several instances of a lack of communication and of coherent interaction between the FEFC and the colleges in question. I am more than a little shocked by the way in which these matters generally are inspected and monitored. This is one of several cases that show that there should be much more careful monitoring of what contracts are allowed and of the interpretation and understanding of the legislation involved.
I believe that we can resolve this case. It must be resolved quickly. We have instructed departmental officials to get on with that job and I assure the hon. Member for South-West Devon that we will not relax until resolution has been reached.
Question put and agreed to.
"recreational open water diving without direct or indirect supervision".
The same manual says that the advanced open water diver course provides the
"novice diver with a structured, well-supervised means to gain additional experience".
Diving courses are arranged in the form of a ladder, with an individual needing to succeed at one level before passing to the next. Several diving courses are included in schedule 2(a). The highest rung of the ladder in schedule 2(a) is divemaster. There are three training courses below this level: in reverse order, rescue diver, advanced open water diver, and open water diver. The FEFC accepts that rescue diver, as covered by schedule 2(d), prepares the individual for the next level, divemaster, which is in schedule 2(a). It does not accept that open water diver and advanced open water diver courses should fall within schedule 2(d).
24 Jun 1997 : Column 759Adjourned accordingly at twenty-eight minutes past Nine o'clock.
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