Conclusions and recommendations
1. We
recommend that, when it decides that a piece of legislation will
be subject to pre-legislative scrutiny, the Government consult
with the select committees likely to carry out scrutiny and agree
a timetable and arrangements before publication of the draft legislation,
in order to allow committees to plan their work. (Paragraph 7)
2. We recommend that,
when publishing draft bills for pre-legislative scrutiny, the
Government provide comprehensive documents describing the policy
behind the legislation and the detailed operation of the arrangements
in the draft legislation. In addition, we recommend that it also
publish a comprehensive impact assessment covering all the proposals
in the legislation, including the costs of establishing and running
new public sector organisations or arrangements. (Paragraph 8)
3. We have grave concerns
that the Departments have treated consultation with the Welsh
Assembly Government and the National Assembly for Wales as an
afterthought. The consultation on the operation of apprenticeships
in Wales and on the application of the draft legislation to Wales
has clearly been inadequate and we recommend that the Government
rectify this deficiency before the provisions in the draft Bill
are finalised. (Paragraph 10)
4. We conclude that
the Government is to be congratulated on its achievements in expanding
the number of apprenticeships. But within the overall improvement
there are some trends which give rise to concern, in particular,
the fall in advanced apprenticeships. The Leitch review of
skills and the strategy set out in World-class Apprenticeships
also demonstrate that it recognises that more needs to be done.
(Paragraph 15)
5. We recommend that
the finalised legislation define "apprenticeship" and
"advanced apprenticeship". (Paragraph 20)
6. We conclude that
so called programme-led apprenticeships could provide a useful
preparation for an employer-led apprenticeship but they are not
apprenticeships within the meaning of the proposals in the draft
Bill. We recommend that, for the sake of clarity, "programme-led
apprenticeships" are renamed "pre-apprenticeship training"
or an appropriate title reflecting the nature and function of
the training. We further recommend that the Government review
the purpose of what has been called programme led apprenticeships,
to ensure that the content of the training meets the requirements
of participants. We also recommend that the Government make the
connection between "programme-led apprenticeships" and
apprenticeships transparent. It should be clear to participants
how the qualifications achieved through completing the "programme-led
apprenticeship" connect with, and may count towards, the
successful achievement of the qualification requirements specified
in the (follow-on) apprenticeship. (Paragraph 23)
7. We concur with
the Association of Colleges that the system put in place by the
draft Bill must ensure that there is flexibility to allow training
providers—further education colleges and independent learning
providers—to play a full part in the promotion and expansion
of apprenticeships and that there should be scope for them to
develop new roles such as brokers and the provision of support
geared to the needs of small businesses. (Paragraph 24)
8. We draw to the
attention of the Government the concerns of the learning providers
about their capacity to provide enough training for apprenticeships.
We invite the Government to explain, in responding to this Report,
what plans it has to encourage greater provision of training,
to meet the needs of those exercising their right to apprenticeships
under the draft Bill. (Paragraph 25)
9. We conclude that
the legislation is justified as it creates a new entitlement that
every young person with the right qualifications should be able
to take up an apprenticeship and to make provision for some of
the functions of the putative National Apprenticeship Service.
The contribution that the legislation will make to the expansion,
improvement and status of apprenticeships will depend on its implementation.
(Paragraph 28)
10. We agree with
the Government that employers have to be at the heart of the apprenticeship
programme. Without their full support the renaissance in apprenticeships
will not be achieved. We welcome the support that employers' organisations
have given to the policy. (Paragraph 30)
11. Taking the draft
Bill as a whole, we conclude that, for those employers represented
by the CBI and the British Chambers of Commerce, the draft Bill
has the potential to deliver two of their key requirements: a
reduction in unnecessary bureaucracy through greater flexibility
and streamlining of the central government agencies supporting
apprenticeships. The extent to which these goals are achieved
will depend on the implementation of the framework provisions
and the operation of the National Apprenticeship Service. (Paragraph
35)
12. We recommend that
the draft Bill be revised to place a duty on the National Apprenticeship
Service to facilitate the setting up of bodies such as groups
Training Associations, to assist small businesses to carry the
administrative burden of setting up apprenticeships, organising
training and securing financial support. The duty should also
require the National Apprenticeship Service to ensure that such
bodies cover all sectors and put small and micro-businesses within
their reach. We also recommend that in responding to this Report
the Government set out the extent to which it expects the public
sector—both central and local government—to carry
out these functions. In addition, we recommend that, where an
apprenticeship is facilitated under the auspices of such a body,
the apprentice must be employed by a business, not the body providing
administrative support. (Paragraph 42)
13. We recommend the
draft Bill be amended to provide that apprentices aged 16 to 18
be paid the Minimum Wage Development rate within a specified time.
(Paragraph 44)
14. We conclude that
the economic downturn throws up challenges and opportunities for
the Government's policy on apprenticeships. There are, as far
as we can see, no provisions in the draft Bill that have been
specifically designed to encourage the provision of apprenticeships
during the downturn. We recommend that the Government set out
in detail (i) how it expects the public sector, both central and
local government, to provide and organise apprenticeships to meet
the challenges of the downturn and (ii) what additional resources
will be provided. (Paragraph 48)
15. We recommend that,
in responding to this Report, the Government clarify whether it
expects the majority of apprentices within the civil service and
public sector to be existing employees who "convert"
to apprenticeships and what steps it is taking to monitor the
quality of the training provided to apprentices in the private
and public sectors who "convert". (Paragraph 49)
16. From the perspective
of support for apprentices we consider that the winding-up of
the Learning and Skills Council poses particular challenges at
an important time. The primary cause for the change falls outside
the scope of our inquiry and is unrelated to improving and promoting
apprenticeships. We took limited reassurance from the Learning
and Skills Council's evidence about continuity and are concerned
that the establishment of the National Apprenticeship Service
may be seen as the by-product of a wider reorganisation, which
is principally concerned with the raising of the education and
training leaving age to 18. We recommend that, in the documentation
accompanying the finalised legislation, the Government set out
in detail the organisational implications of the raising of the
leaving age on the expansion and operation of apprenticeships
and reaffirms the central position of the National Apprenticeship
Service. (Paragraph 52)
17. We were unable
to form a conclusion on the operation of the National Apprenticeship
Service—for example, its relationship to the existing National
Employer Service which contracts with large employers for apprenticeships—because
little information about its operation was provided with the draft
Bill, supporting documentation or in response to our questions.
Nor were we provided with evidence to be able to judge whether
the Government's claims that the National Apprenticeship Service
would provide an improved service were justified. Given the future
importance of the Service this lack of information is completely
unsatisfactory. We recommend that, to accompany the finalised
legislation, the Government produce a detailed memorandum setting
out how the National Apprenticeship Service will operate at national,
regional and local level to fulfil its functions, setting out
the proposed number of staff to carry out each function, along
with a budget showing the costs of setting up and running the
Service. (Paragraph 56)
18. In view of the
functions allocated to the National Apprenticeship Service we
conclude that it is important that the targets on apprenticeships
measure the starts and completion rates of apprenticeships by
sector and size of business, charting milestones towards the Government's
aspiration of 400,000 apprentices in England by 2020. In addition,
the targets need to provide an accurate measure of quality of
training. We recommend that the Government draw up and publish
with the finalised legislation an indicative set of targets for
the prospective National Apprenticeship Service. (Paragraph 57)
19. We conclude that
the collection of accurate and timely data on apprenticeships
will be crucial not only to the measurement of progress against
targets but also informing the formulation of policy. But the
requirements to supply data have to be such as not to impose an
undue burden on business. We recommend that the Government draw
up and publish with the finalised legislation its plans for the
collection of data on apprentices and apprenticeships and for
the publication of data. The data required will need to differentiate
between new entrants and those converting from existing employment
to an apprenticeship, track the progression to apprentices and
identify characteristics such as age, gender, ethnic background,
disability and sector. (Paragraph 60)
20. We recommend the
legislation impose a duty on the National Apprenticeship Service
to promote and enhance apprenticeships. (Paragraph 61)
21. We conclude that
the Government's proposal to replace completion certificates issued
by Sector Skills Councils with a "national" certificate
issued by the National Apprenticeship Service fits with the proposals
in the draft Bill to achieve national recognition for apprenticeships.
We also conclude that the draft Bill will not, and should not,
substantially change the existing structures and roles played
by the Sector Skills Councils. (Paragraph 64)
22. We recommend that
the National Apprenticeship Matching Service be designed to complement,
not replace or duplicate, existing arrangements for putting prospective
apprentices in contact with employers, and that the primary focus
of the Service be on meeting local needs. The results of the trials
currently underway should be published before the Second Reading
of the Bill. Finally, we recommend that the Government draw up
and publish with the finalised legislation its estimates of the
costs for the setting up and running the Matching Service. (Paragraph
67)
23. The draft Bill
makes no reference to quality of apprenticeships. We conclude
that the consequences of the substantial expansion of the numbers
need to be carefully monitored, to ensure that the quality of
apprenticeships as a brand is safeguarded. Ofsted is not suitable
to carry out this role as its focus is not on apprenticeships
and its approach has been characterised as bureaucratic and mechanistic.
In our view the most suitable candidate for this essential job
is the National Apprenticeship Service. We recommend that the
finalised legislation must contain a provision requiring the National
Apprenticeship Service to test and report on the quality of apprenticeships
in England. (Paragraph 74)
24. We conclude that
a draft specification of apprenticeship standards should have
been supplied with the draft Bill. Its absence has impeded our
scrutiny and prevented interested parties from examining the full
impact of the likely use of the provisions in the draft Bill.
We recommend that a detailed draft specification be produced and
published as a matter of urgency and well before Second Reading
of the Bill. In our view the specification of apprenticeship standards
has to ensure that the quality of apprenticeships is maintained
by ensuring, for example, a minimum period of good quality off-the-job
training is specified in each apprenticeship framework. In addition,
the Government needs to explain how conflicts—between Sector
Skills Councils and employers or between the National Apprenticeship
Service and Sector Skills Councils—will be resolved. (Paragraph
78)
25. We recommend that
the provision in the draft Bill on consultation on the specification
of apprenticeship standards should be amended to require employers
and training providers to be consulted. (Paragraph 79)
26. The award of UCAS
points for completion of advanced apprenticeships would enhance
the quality of apprenticeships and make apprenticeships more attractive
to those entering the job market or seeking to change career.
We conclude that establishing that all advanced apprenticeships
automatically attract UCAS points sufficient for entry into some
higher education for some courses that are cognate to the apprenticeship
would be a powerful demonstration of the quality, consistency
and currency of the programme. (Paragraph 82)
27. We believe that
it is essential that all advanced apprenticeships should carry
sufficient UCAS points for entry to higher education and that
this will provide the leverage necessary to facilitate and encourage
progression to higher education. (Paragraph 84)
28. It is unclear
what the right given at clause 21 of the draft Bill to all suitably
qualified young people to an apprenticeship will mean in practice.
We recommend that the Government make a statement setting out
its intention when the Bill comes before the House. (Paragraph
88)
29. We recommend that
in responding to this Report the Government explain in detail,
and with examples, the circumstances in which it would suspend
the right to an apprenticeship at clause 21. (Paragraph 89)
30. If the "right"
to an apprenticeship is defined and made meaningful, the Government
should provide it to those aged 19 and over. (Paragraph 90)
31. We conclude the
academic qualifications required for the statutory right to apprenticeships
at clause 21 are too rigid and recommend that the Government relax
them. We recommend that the Government explore the option of using
a portfolio of evidence, rather than formal academic qualifications
alone. (Paragraph 94)
32. We recommend that
before finalising the entry requirements the Government review
the effect of such requirements on groups which traditionally
have not been well-represented among apprentices. (Paragraph
95)
33. We conclude that
a provision to enshrine an obligation to attempt to find an alternative
placement on an employer, who does not wish to continue to provide
an apprenticeship, could go against the grain of the Government's
policy to encourage employers to offer more apprenticeships. We
recommend, however, that where an apprenticeship, to which the
provisions at clause 21 applied, is terminated because of redundancy
as defined at section 139 of the Employment Rights Act 1996 or
because of insolvency, the former apprentice's right to an apprenticeship,
and concomitant duty on the National Apprenticeship Service, be
reinstated even if he or she has attained the age of 19. (Paragraph
98)
34. We recommend that
the Government insert a provision into the finalised legislation
requiring the National Apprenticeship Service to establish a mediation
service for apprentices dissatisfied with the quality of the training
they are receiving. (Paragraph 101)
35. The legislation
is justified because it will strengthen the structure for apprenticeships
in England. But it needs additional measures, particularly those
to guarantee quality of training and to allow apprentices to progress
in their chosen professions. As the legislation builds on existing
structures we expect that it is workable. Whether it will deliver
the Government's targets and a renaissance in apprenticeships
depends on the detail of the system and on whether employers,
which the legislation places in the driving seat, make full use
of the provisions and the other measures to promote apprenticeships.
We cannot wait until 2020 to discover whether the legislation
is working. The Government will need to review the legislation
by 2014. If insufficient employers are establishing apprenticeships
the Government will have to consider stronger measures to change
behaviour. (Paragraph 102)
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