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Q 420Mr. Hayes: With respect, it will be the Skills Funding Agency that releases specifications for apprenticeships. I am very happy for sector skills councils to be at the pivot of that process. However, as I said earlier, the Bill does not mention sector skills councils, except in a cursory fashion. I acknowledge that the explanatory notes refer to them. The real point is that the National Apprenticeship Service will be responsible specifically and explicitly for modelling the developing apprenticeships and the apprenticeship frameworks specified by the SFA. It would be entirely possible to have a National Apprenticeship Service with that competence working with sector skills councils, would it not?
Mr. Simon: It would have been possible. However, my point remains that under the structure in the Bill, it will be statutory for the specification of standards to be set by the chief executive of the Skills Funding Agency. That will give the broadest definition of what an apprenticeship is and should be. That will be done through wide consultation with everybody in the sector from businesses to users.
It is absolutely right that the frameworks should continue to be set by the business employers who use them. There are currently 180 frameworks among the sectors. It would be wrong to bring that function into the NAS. It is much better for the NAS to focus on delivering apprenticeships and driving up the number and quality of them. It should be involved in the high-level business of setting the overall standards and in saying what an apprenticeship is. Determining who needs to do what should be left to employers in the sector skills councils. As I have said repeatedly, although the councils may not be writ large in the Bill, they are writ large at the centre of the skills system.
Q 421Mr. Hayes: But there is no definition of apprenticeships or advanced apprenticeships in clauses 1 to 38. Clauses 20 to 25 provide an outline of content specification for apprenticeships, but there is no example and no draft specification.
As the Minister knows, clause 15 allows existing vocational standards to be upgraded to apprenticeships. As we have heard from witnesses and from elsewhere, that is a worry because the standard of apprenticeships and the quality of the brand are critical. If we call anything an apprenticeship to meet the targets and fulfil the entitlement, it will be extremely damaging to the real apprenticeships that he and I admire and wish to grow.
Why is there no specification? Can we expect to see it at least in draft form in Committee so that we can have a real debate about the quality and content of apprenticeships?
Mr. Simon: I am very surprised that the hon. Gentleman says that there is no definition or specification of an apprenticeship in the Bill. If you were to summarise clauses 1 to 34, one of the fundamental things that they do is to define and explain exactly what an apprenticeship is, how it is to be delivered, who is to deliver it and in what circumstances it is to be delivered. Obviously, it would be wrong to put in the Bill the line-by-line detail and substantive content of what that means.
The Bill sets up the processes by which employers will work under the three structures of the specification. At the highest level, they will work under the chief executive of the Skills Funding Agency. The frameworks will be made by the sector skills councils and the agreements will be made between learners and employers. The Bills sets out clearly how those different parts of the apprenticeship system work. An apprenticeship is a relationship between an employer, a learner and a provider. The Bill sets out how those parts feed in to the process and at what levels. The process will be different in hundreds if not thousands of cases.
Q 422Mr. Hayes: To grow the number of apprenticeships, we need good, independent advice and we need more young people to hear about them. So was the Minister surprised when the CBI complained that the Bill
“did not go far enough”,
in terms of the advice that could be offered and that it specifically complained that providers were not going to be obliged to let people know about apprenticeships? The CBI said that it was very much left to their discretion. The suitability of the advice that they gave was very much in their advisers’ hands, rather than there being the open, free and independent advice that might come from an independent careers service, of the kind advocated by Conservatives and others.
I asked careers advisers about that specifically. You will remember that I asked Kieran Gordon, the expert witness:
“Has the Bill gone far enough on strengthening the mechanism by which quality independent advice can be offered to young people?”
He replied:
“I do not think it has.”——[Official Report, Apprenticeships, Skills, Children and Learning Public Bill Committee, 3 March 2009; c. 57, Q155.]
He went on to say that the Bill did not have sufficient “teeth” in that regard. Why are the Government so resistant to independent, free, quality advice being given to young people so that they can consider apprenticeships?
Mr. Simon: I was going to answer that, but I was slightly worried that I might say the wrong thing. You might want to recap the beginning of that question for Jim.
Jim Knight: Sorry, a call of nature intervened. In respect of clause 35, the important thing for the Committee to consider—obviously, we will debate it at more length later in our proceedings—is how this sits alongside the statutory guidance that will be issued in respect of the duty to give impartial advice, which was in the Education and Skills Act 2008. We will be consulting on that statutory guidance fairly soon. It will ensure that every young person in school is given advice about what an apprenticeship is and about the merits of an apprenticeship. In respect of delivering what we have set out in clause 35, that ensures that those for whom an apprenticeship is suitable receive more detailed advice about that apprenticeship, beyond the advice that is set out in the statutory guidance as regards the 2008 Act.
Q 423Mr. Hayes: May I ask just one final question? It is a very straightforward one, and the Ministers will have the answer to hand. They will remember—indeed, it will be writ large on their memory—Andrew Foster’s advice about freeing up further education colleges from what he described as the “galaxy of oversight” bodies that regulate, monitor and advise them. We heard scepticism from the Association of Colleges and particularly from Graham Moore of the 157 Group about the Bill’s effect in respect of local education authorities. As a result of the Bill, will that “galaxy of oversight” be bigger or smaller? Will the 17 bodies that are currently involved, which Andrew Foster mentioned in his report, be fewer or greater in number as a result of the legislation?
Mr. Simon: I was surprised that they were not more enthusiastic.
Jim Knight: There has been a misunderstanding.
Mr. Simon: I can only assume that there was some kind of a misunderstanding. Privately, they have been very enthusiastic and supportive. I am perfectly confident that, under the new arrangements, life in a FE college will be simpler, more straightforward and less complex than now. On the 16-to-19 side, colleges will have one funding relationship with the lead local authority. On the adult side, they will have a single account relationship with the SFA, which is novel; they now have multiple funding conversations with many different parts of the Learning and Skills Council. Another novel aspect is that they will have a single accreditation facility with the SFA; currently, there is a cumbersome, 100-page bureaucratic process that they are compelled to repeat with the LSC every time a new tranche of funding becomes available. They will have a single performance framework in the framework for excellence arrangements. They will have a single data relationship with all the various agencies that require data from them; there will be just one relationship. I am in no doubt that, under our plans, life in an FE college will be—
Q 424Mr. Hayes: And will the number of bodies involved in oversight, as identified by the Foster model, be fewer? What is the number to be: four, three, two, one?
Mr. Simon: There will be fewer relationships for them to deal with, yes.
Q 425Mr. Hayes: We argue that all this new structure will be convoluted and complex—we agree with the witnesses; the Ministers do not—but how much will the change cost or save? I guess that the ambition is that it will save a lot of money.
Jim Knight: The costs are set out in the impact assessment in the normal way. If I had a copy to hand, I would read out the relevant bit.
Q 426Mr. Hayes: Okay, but will the new structure be cheaper? Will it deliver a better service more cost-effectively?
Jim Knight: Yes it will, and most importantly, it will be responsive to the needs of both learners and employers. The other strength for FE colleges, beyond what Siôn has set out so clearly, is that the planned side of their business for 16 to 19-year-olds will give them a certain amount of stability, while the demand-led side will allow them to innovate in relation to adults. That will appeal to a sector that has been remarkably successful at innovating and responding to the changing economic needs of its areas.
Q 427Mr. Hayes: I appreciate the difficulty of answering these questions on spec, but will the Ministers set out the cost savings in relation to the change from LSC to all the successor bodies? We would like to be able to explore that in detail in Committee.
Mr. Simon: The cost is already set out in the impact assessment; we have not memorised it. It is on the record.
Q 428Mr. Laws: May I point out that I thought that the LSC’s view was that the change will not save any money at all and that it will be cost-neutral?
Mr. Simon: This change is not a cost-saving exercise; that is not why we are making it. In the immediate term, it will be cost-neutral; in the long term, my expectation is that the new structures will be more efficient and cost-effective than the LSC.
Jim Knight: For clarity’s sake, the administrative cost of the new system, including staffing and on-costs, will be met, as Siôn has said, by the LSC’s current staffing budget. We expect that to be revenue-neutral, but there will be some additional transitional costs. Savings will be made by operating from a smaller estate of office premises. For example, by operating at national and regional level, the SFA will require fewer premises. Furthermore, we expect to make administrative savings through a centralisation of functions, including shared support services, the greater use of technology and perhaps some shared procurement. Sharing will be facilitated by the fact that the SFA and YPLA head offices will be located together in Coventry. We also think that there will be efficiency savings at local authority level, by joining the commissioning of 16-to-19 education and training with the commissioning of wider youth services, such as learner support.
Q 429Mr. Hayes: What is the transitional cost?
Jim Knight: That is certainly set out in full in the impact assessment. We can obviously return to that during our debate.
Q 430Mr. Laws: I am sorry to butt in on John Hayes again, but is it not the case, Minister, that some of the cost savings that you mention are already embedded in the LSC’s plans for estate reorganisation, so we are not really comparing the reorganisation per se with the old situation?
Mr. Simon: No. The LSC is not forecast to exist then, so it does not have plans for that period.
Q 431Mr. Laws: That is not what it said.
Mr. Simon: How can the LSC have estate plans for 2015 when it is scheduled to be wound up next year?
Jim Knight: Even if the whole thing is cost-neutral, it is still right to move the break from 16 to 19, to have a dedicated adult skills agency, to return 16-to-19 commissioning to local authorities and to have an agency that will ensure that everything is coherent for FE colleges, which is what the YPLA will do.
Mr. Simon: If you would like to give us the details of what the LSC has told you, I will certainly look into that.
Q 432Mrs. Maria Miller (Basingstoke) (Con): There are a number of important early years provisions in the Bill, and we have not had much time to talk about them in the earlier evidence sessions, so perhaps I could turn the Committee’s attention to those provisions now. I do not think that there has been any conversation about clause 190 and the early years budgetary framework. When that is in place, do you expect there to be a level playing field for the cost of delivering early years’ free entitlement for both the maintained sector and the private, voluntary and independent sector? Do you think that that budgetary framework should have been in place when the free entitlement was introduced?
Sarah McCarthy-Fry: We want to get consistency. We are not going to specify that early years has to be delivered by one sector or another. We are hoping that that will provide a level playing field across all providers by giving consistency of funding.
Q 433Mrs. Miller: In saying that you want to get a consistency of funding, are you acknowledging that there has not been consistency to date?
Sarah McCarthy-Fry: The Bill aims to ensure that there is. I would not like to say that there has or has not been consistency, but by putting it in one setting and having it in one place, our aim is to make sure that, even if other providers feel that they have not been as well serviced—whether or not that is true—we will be able to demonstrate it under these proposals.
Q 434Mrs. Miller: The Library’s research paper, which it very helpfully published alongside the Bill, would tend to suggest that it is more than just a feeling that certain sectors have not had the same funding. The Department’s own benchmarking analysis for 2007-08 and 2008-09 clearly pointed out that maintained nurseries have been receiving £3,800 per pupil per year, whereas the PVI sector has been receiving around £1,800 per pupil per year. When will the new legislation and the single funding formula, which is being developed by local authorities, be in place so that all local authorities will be able to even out the imbalance of funding that we appear to have seen to date?
Sarah McCarthy-Fry: Our intention is that our powers will be used so that, from 2010-11, all local authorities will be required to introduced a single funding formula.
 
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