The
Committee consisted of the following
Members:
Bacon,
Mr. Richard
(South Norfolk)
(Con)
Barlow,
Ms Celia
(Hove)
(Lab)
Bottomley,
Peter
(Worthing, West)
(Con)
Brooke,
Annette
(Mid-Dorset and North Poole)
(LD)
Clwyd,
Ann
(Cynon Valley)
(Lab)
Cox,
Mr. Geoffrey
(Torridge and West Devon)
(Con)
Foster,
Mr. Michael
(Worcester)
(Lab)
Hayes,
Mr. John
(South Holland and The Deepings)
(Con)
Mactaggart,
Fiona
(Slough) (Lab)
Mahmood,
Mr. Khalid
(Birmingham, Perry Barr)
(Lab)
Meale,
Mr. Alan
(Mansfield)
(Lab)
Rammell,
Bill
(Minister for Lifelong Learning, Further and Higher
Education)
Riordan,
Mrs. Linda
(Halifax)
(Lab/Co-op)
Sharma,
Mr. Virendra
(Ealing, Southall)
(Lab)
Singh,
Mr. Marsha
(Bradford, West)
(Lab)
Watkinson,
Angela
(Upminster)
(Con)
Williams,
Stephen
(Bristol, West)
(LD)
Glenn McKee, Committee
Clerk
attended the
Committee
First
Delegated Legislation
Committee
Monday 4
February
2008
[David
Taylor
in the
Chair]
Draft Regional Learning and Skills Councils Regulations 2007
4.30
pm
The
Minister for Lifelong Learning, Further and Higher Education (Bill
Rammell):
I beg to move,
That the Committee has
considered the draft Regional Learning and Skills Councils Regulations
2007.
I commend the
regulations, which were laid before Parliament on 14 November 2007, to
the Committee. This debate provides an opportunity to discuss the
regulations and completes the parliamentary reform process that was set
in train by the passage of the Further Education and Training Act 2007,
which made provision to restructure the Learning and Skills Council.
Section 2 inserts provisions in the Learning and Skills Act 2000 to
require the LSC to establish a regional learning and skills council for
each area of England specified by the Secretary of the State; and those
regional councils will replace the 47 local councils that are being
abolished under section 3 of the 2007 Act. The regulations make
provision for the regional councils of the Learning and Skills Council
for England. They relate to matters such as regional council
membership, the appointment of members, the delegation of regional
council functions and regional council proceedings. These are the first
regulations to be made under the power in section 18A(2) of the 2000
Act, as inserted by section 2 of the 2007 Act.
The case for change was debated
and made during the passage of the 2007 Act. Since its creation in
2001, the LSC has found it increasingly necessary to operate at a
regional level or in a regional context. In response, it has set up
nine regional offices as part of its executive structure, which are
supported by informal regional committees established under paragraph 1
of schedule 3 to the 2000 Act. The regulations make provision relating
to regional councils as a statutory part of the LSC structure. The
regional councils will have boundaries that match the geographic areas
of the nine Government office regions.
Let me set out the benefits of
such an approach. The proposals form one strand of an overall package
of measures to streamline the LSCs accountability structure.
They aim to introduce consistency between the non-executive structure
and the new internal staffing structure that the LSC has put in place.
Importantly, they also aim to bring about savings of £40
million, which will be redirected to front-line services. Those changes
to the LSCs executive and non-executive structures will
strengthen its capacity, with its partners, to commission the learning
and skills infrastructure that is needed across the regions, and to
meet our aspirations to improve the skills of the population and ensure
that we genuinely move towards a world-class skills base by
2020.
Peter
Bottomley (Worthing, West) (Con): I am sorry to interrupt,
but the Minister is dealing with the cost savings, and it would be
helpful if he could answer one point, either now or later. Some of the
savings might come from cutting the number of non-executives on the
present 47 local councils by 80 per cent., but the Committee will find
it difficult to believe that that will account for £40 million.
Where will most of the savings come from?
Bill
Rammell:
There will certainly be a reduction from 750 to
150 non-executive directors, but I am in no sense suggesting that that
is the major driver of the efficiency improvements. Those will result
from the general restructuring that has been taking place under strand
7 of the LSCs agenda for change, which will resultI
will clarify the position if I get the figure wrongin a
reduction of about 11,000 posts across the LSC as an organisation. That
will be the major driver of the savings.
I should
highlight one other issue. We are rightly continuing with our plans in
the light of the recent machinery of government announcement on
16-to-19 funding and the Education and Skills Bill, which is currently
passing through Parliament. The decision to transfer 16-to19 funding to
local authorities signals a major change of direction for the LSC, and
it will take time to implement such a change, but the LSC will remain
responsible for funding all forms of post-16 education and training
outside higher education for some time to come. We therefore look to
the LSC to build on its achievements and to play a key role in ensuring
that a wide range of skills provision is available to support business
needs. To do that, it must have a strong and robust accountability
structure in place to enable it to work effectively with partners to
ensure that the system continues to deliver on the new and challenging
targets that we have rightly set for the LSC.
During the past few months, we
have also published the LSC grant letter that sets out our priorities
for the next three years. A strong executive and non-executive LSC
structure is required to maintain delivery. The grant letter made it
clear that the LSC needs to operate strongly at national, regional and
local levels to achieve our overall objectives. For example, the grant
letter identifies as a top priority delivering an expanded Train to
Gain service through closer working with regional development agencies.
In short, the changes are necessary. They are ones that we have
signalled very strongly during the passage of the Bill, and I commend
them to the
Committee.
4.36
pm
Mr.
John Hayes (South Holland and The Deepings) (Con): My
parliamentary career thus far has been found wanting only in the
respect that I have yet to serve under your chairmanship,
Mr. Taylor. I am delighted that that has been put right this
afternoon. I apologise to both you and the Minister for being a moment
or two late for the start of the Committee.
The essence of
the instrument is clearly set out in the documents that we have
studied. Before I move to my prepared notes, may comment on what the
Minister said about 16-to-19 funding, because it is significant?
Further education colleges in particular have considerable
doubts about the transfer of funding because they feel that they have
been left out of the picture. That is highly relevant to the matters
before us. I urge the Minister to clarify, over the coming weeks and
months, exactly how the further education sector will be affected
because, as he knows, there is some uncertainty about the implications
of the shift in funding. He rightly said that the shift will not happen
immediately, and he gave the Committee reassurance, which, I imagine,
should be broadcast more widely. This is an important matter, and the
Ministers reassurance shows that he thinks so, too.
The Further
Education and Training Act 2007the passage of which both the
Minister and I had something to do withprovided for the
abolition of local learning and skills councils and their establishment
in a regional format. Essentially, what we have here today is a
statutory instrument to achieve that. It does not set out the
responsibilities of those new bodies, because that was dealt with in
the legislation, but it does specify their composition. The Government
have shifted toward local learning and skills councils in spite of the
recommendations of Sir Andrew Foster. Before the 2007 Act was passed,
Sir Andrew produced an important study on further education, which had
been commissioned by the Government. I noted the Minister shaking his
head when I said that the Government are now contradicting Sir
Andrews recommendations. I thought it might be useful for the
Committee to hear Sir Andrews words, so I have them to hand. He
said:
Local
LSCs need to be the pivotal centre of the local communitys
interest, working collaboratively with local
authorities.
In the
statutory instrument, we are moving from a local to a regional
structure. However, it can be argued that businesses tend to be very
local or very large; there are regional businesses, but they are not
typical. A regional structure therefore does not match the typical
composition of British business. I think that is why Sir Andrew Foster
made clear his view that local learning and skills councils reflected
the profile of commerce that I have described, and could best perform
their function when rooted in a
locality.
The
establishment of a new regional tier was the first indication that the
Government were distancing themselves from the Leitch review of skills.
Lord Leitchs report, which came after Sir Andrew
Fosters, recommended a demand-led system to meet the skills
needs of the nations. I shall quote myself herewhen in doubt,
it is always as well to quote oneself. In May last year, I said in the
House that Lord
Leitch
argues
that the present supply-driven model, based on Government planning, has
a poor track recordhis words, not
mineyet the Bill will establish regional LSC councils with
precisely such planning functions.[Official
Report, 21 May 2007; Vol. 460, c.
1067.]
By
reinforcing the role of the Learning and Skills Council in the
management and funding of skills, the Government are not only kicking
against the Foster report, which said that those matters should be
handled very locally, but they are flying in the face of the Leitch
report, which said that the system should become more responsive, more
demand-led and less bureaucratic.
My judgment is that the
composition of the regional bodies will reinforce some of the
weaknesses inherent in the Governments approach to skills. I
think that the Minister is a basically decent chap. I have said that so
often that that it has become tedious, which is a big admission in the
House of Commons. People are beginning to disbelieve me because I have
said it so often; they are starting to think worse of him now. It is
almost as though I must doubly emphasise the point to make people
believe me, but I think that the Minister is basically a decent chap
and that the Government are sensitive to some of the criticisms that
have been made about the management and funding of skills. However, I
do not think that he has the clout or that the Government have the will
to introduce the radical reforms to structure that are necessary to
respond to that
criticism.
Let us be
honest: radical reform is never easy. I have no doubt that there are
always pressures on Ministers, regardless of party, to stick with the
status quo; change is never the easy option. The trouble with these
regulations is that they do just that: they stick in broad terms to the
status quothey rearrange the deckchairs as we head towards the
iceberg. That is a tired metaphor; I ought to work that up a bit better
in the future. I am not doing you justice, Mr.
Taylor.
The regulations
make provision for the salaries of the chairmen and other members of
the regional councils. I have a few questions, which perhaps the
Minister can deal with in his no doubt lengthy response to this short
debate. Can he confirm that each of the nine regional directors will be
paid between £115,000 and £140,000? Those figures relate
to the LSC annual accounts. That means that, even on a generous
estimate, the wage bill for the regional directors alone, not
accounting for expenses and pension contributions, is in excess of
£1 million per
year.
If that is not
enough to satisfy Committee members, who always look at such matters in
immense detail and demand the close scrutiny that I know you at least
would welcome, Mr. Taylor, will the Minister tell the
Committee the average total wage bill for each of the regional
committees? I ask that because some of the regions may be planning to
spend a great deal more than others. There may be disparities between
regions. It may be that the east midlands is not doing as well as it
ought to in these things, and we want to know because, of course, we
put our constituents interests at the forefront of our
consideration of these
matters.
What
specific interface with the new regional LSCs will local business have
in terms of the constitution of the new bodies? What are the structural
relationships in those terms? It seems to me important that we
establish that, even if the Government are not going to go the whole
way with a demand-led system, the new structure will at least have
sufficient responsiveness built into it to deal with some of the
critiques as well as the criticisms that I have raised and that have
been published by Lord Leitch, Sir Andrew Foster and
others.
The next thing
to do is to set the regional LSCs in the context of an overall analysis
of the future of the Learning and Skills Council. There are those who
argue that as far as the LSC is concerned, there is only one difference
between the Government and the official Opposition: the official
Opposition would reform it quickly; the Government are letting it die
slowly. That is not necessarily the position that the Minister would
adopt, but there are those who believe that the LSC is likely to face
major reform in the not-too-distant
future. IndeedI choose my words carefullythat can be
inferred from some of the things that have emanated from the
Government.
If we are to
establish the new structure, it is right that we should know its
context. Does the Minister perceive a long-term or even a medium-term
future for the LSC, or does he see substantial further reform of the
council, as Lord Leitch argued would be necessary? If so, we should
have an open and frank debate about what the alternatives might be. The
Learning and Skills Council has to have a structure or some form, so
perhaps it is right that we should have that debateor at least
that it should begin today. There should be a proper public policy
debate among parliamentarians and other interested parties about which
direction the Government are taking. As I say, there are doubts about
their long-term commitment to that body, and thus whether it will deal
with the future management and funding of skills.
I look forward
to hearing what the Minister has to say before deciding whether the
regulations will become highly contentious, or whether we can move
ahead with at least a degree of agreement.
4.46
pm
Stephen
Williams (Bristol, West) (LD): I have served under your
chairmanship before, Mr. Taylor, and it is always a pleasure
to do so. I am sure that you and the Committee will be relieved to hear
that my few words will genuinely be few, unlike those of the hon.
Member for South Holland and The
Deepings.
This is the
third reconstruction of the Learning and Skills Council during its
short life. From what the Minister said earlier, and given that some of
its existing functions are to be transferred to local government, we
cannot be sure that we will not have to consider yet another
reconstruction in future. Today, however I shall speak about the
regional aspects of the regulations and about accountability.
Paragraph 2(1) states
that
A
regional council is to consist of not less than 10 and not more than 16
members.
Although
I generally welcome the reduction of quangocracy around the country
from 750 members to 150, I wonder whether 16 people will be enough in
some regions. I refer specifically to the region of which I represent a
partthe south-west of England, which stretches from the Scilly
islands off the west coast of Cornwall up to the Cotswolds and down to
Bournemouth. It is probably the most ludicrously constructed region
that the Government have forced upon the people of England. Within the
region, we go from the tourism constraints of Cornwall to Airbus in
Bristol. Any body concerned with skills or with any other matter has to
grapple with a huge number of issues, and I wonder whether 16 members
will be sufficiently representative of the diverse interests of the
region.
On
accountability, the Prime Minister, in what I think was his first
statement to the House, promised that regional Select Committees would
scrutinise all the regional bodies that work in our name. The LSC will
be another such body, joining the South West of England Regional
Development Agency, South West Arts and all the other regional agencies
across the country. Those
bodies sometimes take decisions with which we might not agree, but we
have no way of scrutinising them, calling them into question or
reviewing them. The only level of accountability mentioned in the
regulations is accountability to the Secretary of State for Innovation,
Universities and Skills. What mechanisms will be put in place to ensure
that regional Members of Parliament will be able to scrutinise the work
of the regional LSC, given that we do not seem to be getting anywhere
with the setting up of the regional Select Committees promised by the
Prime Minister in July
2007?
4.50
pm
Peter
Bottomley:
There is a tribute to my hon. Friend the Member
for South Holland and The Deepings in the booklet celebrating 40 years
of the all-party disability group, which is having a party downstairs
for Jack Ashley. That is linked because the booklet is sponsored by
Royal Mail, which has said that it is trying to employ more disabled
people and finding that, by having a common person to link with rather
than having to go through learning and skills councils or their
equivalents around the country, it can become less bureaucratic and the
system that it is dealing with can be likewise. I pay tribute to Mary
Fagan and the others who are ensuring that that happens. Dedicated
teams can achieve a great
deal.
I
hope that the Minister will not mind if I air a general criticism.
Since 1997, the Government have spent time on process and structure,
but I believe that altering the culture and maintaining commitment
could have achieved as much, more easily. I do not make my next point,
which is financial, as a criticism, but as an observation. If the
change will cost £55 million, clearly, the economic return after
a year and a quarter will be worth whileI understand that.
However, I believe that a lot of the cost could be cut out anyway if
people who are doing their present jobs did not to have to go around
saying ,Can I get one of the new jobs in the new
superstructure? or, Can I go down to one of the 150
local partnerships? The Minister did not mention those in his
speech, but they are mentioned in the explanatory notes.
I was a Minister for six years.
That is as surprising to me as to my friends. Many thought that they
had given up too early when they read about me, or they thought that
the then Prime Minister did not have a sense of humour and then
realised that they were wrong. My determination in the Department of
Employment, where I had responsibility for disability issuesI
did not have responsibility for the Employment Servicewas that
I would change no structure or process; instead, I would give more
commitment to make the existing system work more effectively. As we
heard from the hon. Member for Bristol, West, the regulations deal with
the fourth significant change during the relatively short life of the
Learning and Skills Council. We have seen what has happened to
community health councils and in many other areas in which the
Government have repeated decided to make changes. The number of reports
and the number of people who have to implement those changes is legion,
and I pay tribute to those who manage to do the job, but I often think
that it might be better not to start on such processes in the first
place.
The Minister made a
straightforward case for the regulations. I did not take part in the
debate on the primary legislation and, in a way, I am glad that I did
not. However, let me make a local point. Worthing, which covers most of
my constituency, does not have sixth forms or their equivalent in
schools; rather, it has Worthing college, which brings people in the
16-to-18 or 19 age group, plus other, older people. Northbrook college,
which is almost the equivalent of a university college without quite
the same status, offers further and higher education. I have not,
however, noticed a change in what they or local employers have said to
me in the past 10 or 11 years of
change.
I do not
challenge the commitment or good intentions of the
Governmentthat goes for the Minister and his predecessors.
However, I often wish that we had kept a Department of Employment and a
Department of Education. We should say to people outside the civil
service who help in learning, skills and training that we will give
them backing and resources, but we will not spend our time changing how
the system is organised. The system should be run, not constantly
reorganised.
4.54
pm
Bill
Rammell:
We have had a short debate, but we have set out
some of the issues, to which I shall respond.
The hon.
Member for South Holland and The Deepings said that there were doubts
within the further education sector about funding as a result of the
machinery of government changes. For the record, I should say that in
the past 10 years funding for further education has increased by
something like 52 per cent. in real terms. That is in stark contrast to
the 14 per cent. real-terms cut that took place in the five years
before 1997. Any process of change creates a degree of uncertainty,
which is why the Secretary of State and I have been having meetings
with further education college principals and leaders of private
training providers up and down the country. We want to engage them in
the process of change. During those discussions, I have not detected
any opposition to the changes that we are proposing; instead I have
rightly and naturally faced questions about how the changes will work
and how principals can be reassured. That is the process that we are
going through at the
moment.
Regarding the
abolition of the local LSCs, one of the problems with the 47 local LSCs
that were established by the Learning and Skills Act 2000 was that they
were neither large enough to impact on a regional basis, nor small
enough to be genuinely local. For an example, I think of my own
learning and skills council area, which is Essex: the council does some
good work but Essex is the size of some countries in terms of its
reach. The idea that a council covering that area can provide a
sufficiently customised and localised reach is not necessarily the best
or optimum way to proceed. That is why we are moving to the approach of
having regional councils that can genuinely interact on a regional
basis, while at the same time establishing 150 local LSC partnership
teams at a much more local level.
The
Conservative spokesman argued that we were distancing ourselves from
Lord Leitchs demand-led approach, but I must say that I simply
do not recognise
his description. Look at the expansion of the Train to Gain programme,
which is a genuinely demand-led initiative: we will be spending more
than £1 billion through that route by the year 2010-11. We are
also rolling out skills accounts, and £500 million will be spent
on that scheme by 2010-11. In no way, shape or form are we not moving
in a much more demand-led direction. If the hon. Gentleman has any
doubt about that, I urge him to go and talk to some further education
college providers, who sometimes feel nervous about the pace of change
towards a demand-led system.
The hon. Gentleman also lamented
the fact that a radical structural approach was not being proposed.
However, I did not hear him articulate what alternative form of radical
structural approach he had in mind. Frankly, until he is prepared to do
that, his arguments will ring somewhat
hollow.
Mr.
Hayes:
I do not deny for a moment that the Government pay
lip service to the idea of a demand-led system. However, the Minister
will know that last week the Government published their new plans for
apprenticeship, the national apprenticeship service. In those plans, it
is set out that the role of NAS
includes:
determining and
publishing the strategy for expanding places by region, sector and
age-group consistent with the Governments published national
plans.
That is the
implementation of a national strategy, not a response to local need.
Therefore, perhaps the Minister can tell us whether or not the NAS will
have a relationship with these new regional
bodies.
Bill
Rammell:
Yes, it will. We need both national and regional
direction, and a genuine response to business. I simply state for the
record that, for example, the Government are channelling more than
£1 billion by 2010-11 through the Train to Gain route, which is
a genuinely demand-led initiative. To try to describe that investment
as not moving towards a demand-led system is something that I find
difficult to comprehend.
The hon. Gentleman
said that we are rearranging the deckchairs on the Titanic. Further
education college success rates in the last five years have gone up
from 59 per cent. to 77 per cent. In apprenticeships, we have
gone from a completion rate of 24 per
cent.
The
Chairman:
Order. May I bring the Minister away from his
peregrination to the main part of our debate, which is the regional
council membership as covered by the statutory
instrument?
Bill
Rammell:
I accept your guidance, Mr. Taylor. I
was simply responding to the critique that had been put forward by the
Conservative
spokesman.
Mr.
Hayes:
I have read the regulatory impact assessment and
there is no role set out in the structure of the new bodies for sector
skills councils. Why is
that?
Bill
Rammell:
There will be a relationship with the sector
skills councils. Clearly, we want a dialogue to take place at all
levels between the learning skills councils and the sector skills
councils, which are the identifiers and the drivers of business needs
when it comes to the further education system.
The hon. Gentleman also asked me
about the structure of the regional councils and whether they would be
business-led. I assure him that that will be the caseindeed, we
envisage that 40 per cent. of the members of the regional councils will
have a business background. He also asked me about the future of the
Learning and Skills Council. We have made it very clear that we shall
shortly consult on the pre-19 and post-19 structures. However, any
further changes to the LSC will require further legislation and are
unlikely to take place until 2010-11. It is therefore essential that a
proper accountability structure should be put in place, to drive and
continue to build on the improvements in performance that the LSC has
delivered in recent times. That is why the changes are significant and
important.
Mr.
Hayes:
In the regulatory impact assessment, to which I
just referred, the Minister says that the regulations respond to the
Foster report, rather than implement its recommendations. Is that
correct? One tends to respond to criticism; when one agrees with
something one goes ahead and implements it. Is there a difference
there, or is it just clumsy
wording?
Bill
Rammell:
I do not think that in substantive or ideological
terms there is any difference between the general thrust of policy
direction that Andrew Foster
put forward and what we have encapsulated in the further education White
Paper, and are implementing through the Further Education and Training
Act 2007. There is a train of continuity between those different policy
positions that shows significant consistency.
The Liberal Democrat spokesman,
the hon. Member for Bristol, West, asked a serious question, and I take
his point about the size of the regional councils. It is, I think, a
matter of balance. If we move much beyond a body of 16 members, that
will become more of a legislative chamber than a proactive, focused,
business-led organisation determined to ensure that the system responds
to the needs of business. We have, therefore, set a maximum figure of
16. It is a matter of balance, and it should be possible to meet the
relevant needs of the hon. Gentlemans region and
others.
On the hon.
Gentlemans point about accountability, the proposals to
establish the regional councils are made within the context of the
unitary structure for the national council of the Learning and Skills
Council, and all the learning and skills councils activities
are directly accountable to Ministers. There are ample and regular
opportunities for hon. Members of all parties to scrutinise and
challenge the work of the LSC.
Question put and agreed
to.
Resolved,
That
the Committee has considered the draft Regional Learning and Skills
Councils Regulations
2007.
Committee rose
at three minutes past Five
oclock.