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Mr. Gibb: It is a pleasure to follow the clear exposition by the hon. Member for Yeovil of the Liberal Democrat position regarding Ofqual in general and schedule 9 in particular. I agreed with some of his comments and I am pleased he agreed with some, although not all, of our amendments.
Clause 124 and schedule 9 would establish the Office of Qualifications and Examinations Regulation. We have long advocated making the regulatory side of the QCA independent. My right hon. Friend the Member for Witney (Mr. Cameron) said when he was shadow Education Secretary:
“Reform of the Qualifications and Curriculum Authority is one such positive step. It is not acceptable that the QCA, the guardian of our exams, is not independent of the Government.”
By “Government”, we mean not just Ministers but all those who are paid directly or indirectly by the taxpayer to produce and administer exams or who are paid by the taxpayer to train our teachers to teach pupils and students to pass exams. Essentially, “Government” means all those who have control or strong influence over the direction of education policy and who receive their income from the state. In other words, Ofqual needs to be independent, not just of the Department for Children, Schools and Families but the education establishment, which by definition is as important in determining the direction of education policy, the structure of our assessment system and the variation in standards over the years as any Government Minister.
Sir Michael Barber points out in his seminal book, “Instruction to Deliver”:
“Officials in the Department tried desperately to block”
the announcement of a national literacy strategy.
He went on to say:
“While the civil service was not party political, it was heavily influenced by the various lobby groups who competed for influence in the Department which thus tended to see issues from the producer angle...Moreover, the lack of ambition which characterised the education service as a whole inevitably affected the Department too.”
When that lack of ambition is combined with an ideological approach to education that is Rousseauian in nature, child-centred in ideology, equivocal about the acquisition of knowledge, hostile to rote learning and testing—all of which have increasingly dominated thinking in the education establishment over the past half century—one sees the importance of ensuring the independence of Ofqual from that education establishment. Leaving aside the ideology, it is clearly in the interests of everyone in the education establishment for Ofqual to pronounce that standards in exams are as high today as they were 10 or 20 years ago and to pronounce that exam standards in any given year are as high as they were the previous year. They have a vested interest in Ofqual asserting that view. All their work, their approach, and their philosophy would be undermined if Ofqual were to say otherwise. Ensuring that Ofqual is completely independent of the education establishment and the producer interest is even more important than its independence from the Minister for Schools and Learners, the Under-Secretary of State for Children, Schools and Families, and the Secretary of State. There is no understanding of that point in the drafting of the Bill.
Over the past few years a huge amount of independent academic research has demonstrated that exam standards have fallen. Over the same period, the regulatory wing of the Qualifications and Curriculum Authority has consistently claimed that there has been no such decline, even while others in the QCA have acknowledged widening access to those same exams. Peter Tymms at CEM—the centre for evaluation and monitoring—at the University of Durham has demonstrated that a student who obtained an E in A-level maths in 1998 would have been awarded a B in 2004. Duncan Lawson of the University of Coventry tested students’ mathematical competence on entry to university and found that those entering with a grade B in 2001 established a slightly lower level of competency in basic skills than those entering with a grade N 10 years earlier. Professor Peter Williams said in the Observer in July 2007:
“Over 20 or 30 years, I do not think there is any doubt whatsoever that absolute A-level standards have fallen. They have edged south continuously over a long period of time. I think all university academics and a good proportion of sixth-form teachers would agree with my assertion.”
That same Observer article also cited a wider study carried out at the centre for evaluation and monitoring in Durham. The article said:
“For nearly two decades up to 50,000 pupils a year have taken the same ability test before facing A-levels. Researchers found that, in most subjects, pupils of the same ability achieved two grades higher in their A-levels in 2006 than in 1988, jumping to three grades in maths.”
That is the A-level information system, or ALIS, test, which CEM introduced in 1983.
I could go on and cite much more evidence, Mrs. Humble, but I will not try your patience or that of the Committee. Although my hon. Friend the Member for South Holland and The Deepings has departed from the Committee for a short while, I do not wish to replace him in that regard.
Jeff Ennis: I know that this is one of the hon. Gentleman’s main campaign themes, as it were, which he pursues in the House on a regular basis. If we have had this grade inflation over the years, can he explain to me why we have not had a similar grade inflation for the degrees that are awarded at university? I ask the question because it appears to me that, if the students are getting worse by achieving lower A-levels or they are not rising to the same academic standard at A-level, there would be a consequential knock-on effect in the degrees that are awarded by our universities. I think that the reverse has happened. We have also seen a certain amount of inflation with degrees awarded by our universities, which seems to underline the fact that students are getting better rather than worse.
Mr. Gibb: A book that I regard as the set text on this subject is “The Schools We Need and Why We Don’t Have Them” by E.D. Hirsch, who is an American academic and has a chapter dealing with precisely that argument.
I think that the answer to the hon. Gentleman’s question is twofold. First, a lot of universities are now implementing remedial classes for students, even high-calibre students coming with very high grades and A-levels, to bring them up to the level that they need to start their university course. Secondly, I am afraid to say—this is an issue that really concerns Conservative members of the Committee—that the proportion of students from the independent sector taking places at some of the top universities is increasing and that concerns us more than anything else in this whole debate about education. It is not that we have anything against the independent sector—quite the contrary—but it is alarming that the state sector is declining in the proportion of students from that sector going to Oxford and Cambridge, despite huge efforts to counter any possible prejudice that there might be in either of those universities.
What concerns me is the response by Ofqual to the evidence that I was just citing. Evidence has been around for a long time about a concern that has been prevalent and, indeed, growing for many years. Ofqual was informally established in early 2008, following an announcement by the Secretary of State in September 2007. Before that, the regulatory division of the QCA was responsible for regulating qualifications and maintaining standards, ever since the QCA was established in 1997. However, when the chairman of interim Ofqual, Kathleen Tattersall, was questioned in an evidence session by my hon. Friend the Member for Broxbourne, the following exchange took place. My hon. Friend asked:
“Does Ofqual believe that there is grade inflation in A-levels and GCSEs?”
Kathleen Tattersall replied:
“Ofqual will take the evidence that it has and that comes to its attention to make any pronouncement, one way or the other, on issues of that kind. That is something that we have not particularly explored and I do not think that it would be appropriate for me to come to a view without full consideration of the evidence.”
Why is that something that Ofqual has “not particularly explored”? When my hon. Friend asked if, in future, Ofqual would be exploring that issue, he received another evasive answer from Kathleen Tattersall, who said:
“What we will be doing as a regulator is looking at the evidence, particularly where there are any issues of public concern. If that issue is a matter of public concern, clearly we will be seeking evidence on it, but there are a range of other issues where our starting point would always be to look at the evidence and to come to a considered judgment on the evidence.”
Why have the QCA and Ofqual not been looking at the evidence, including that of Peter Williams, the Durham evidence, and that of Duncan Lawson, Jonathan Ramsey and John Corner? What did Kathleen Tattersall mean when she said:
“If that issue is a matter of public concern”?
When challenged by my hon. Friend the Member for Basingstoke, her response was:
“Ofqual has been set up to regulate the system, to get better public accountability for the system, to ensure that there is a better public understanding of the issues and to assure public confidence. That is what regulators do. I do not think that it has been set up to address any specific concerns, such as the one that was just mentioned.”——[Official Report, Apprenticeships, Skills, Children and Learning Public Bill Committee, 3 March 2009; c. 70, Q182-184.]
It is depressing that she should say that Ofqual was not set up to assess standards over time or to address public concerns over grade inflations, but to ensure better public understanding of the issues and to assure public confidence—in other words to proselytise and to persuade the public that all is well with the system, but not to take evidence or examine whether standards have been maintained.
The answers by the chairman of Ofqual were not a slip of the tongue. The exact same use of words and phrases appears throughout her evidence in response to questions about standards. They are carefully crafted, rehearsed and considered replies, but there is one slip:
“When you asked me about looking at grade inflation, I should have said that several studies that have been conducted over the years involving international experts looking at our system have concluded that there is grade inflation.”——[Official Report, Apprenticeships, Skills, Children and Learning Public Bill Committee, 3 March 2009; c. 81, Q214.]
When I quoted that to the Minister, she responded:
“I presume that you are taking that Kathleen Tattersall quote from Hansard. She did not say that. We have asked for Hansard to be corrected.”——[Official Report, Apprenticeships, Skills, Children and Learning Public Bill Committee, 10 March 2009; c. 156, Q350.]
Hansard is still as I quoted it on 10 March. I am concerned by the “we” in the Minister’s response. Surely Kathleen Tattersall could ask for Hansard to be corrected—not the Minister or the Minister’s officials? I am afraid that it is all too cosy. There is a desperation not to admit to a decline in standards. The chair of Ofqual refuses point blank to admit that there has been grade inflation, despite masses of evidence to the contrary, and refuses to admit that there is even public concern about grade inflation. Ofqual has been in place sufficiently long for it to have taken the evidence and pursued the issue, but it has done no such thing. It seems to see its role as assuring the public and telling them what the issues are, rather than listening to the public and being told by them what the issues are. I do not believe that Ofqual as currently configured will deliver consistent standards in our qualifications system, because I do not believe that it considers that to be its role. However, it should be, and to ensure that Ofqual does see that as its role we need to amend its objectives, which is a debate for the next clause.
We also need to ensure that the right people are appointed to the board—people who are independent of, rather than cosy with, Government, and people who are independent of the education establishments. Amendment 197 requires the board to have one member who is a member of another regulatory body. We need to be sure that Ofqual uses the same principles and approaches as other regulatory bodies, including the same rigorous approach to data collection and analysis. Amendment 198 requires the chief regulator and the chief executive to be full-time positions. That is an additional safeguard to avoid conflict and it also ensures that Ofqual’s role is taken seriously. It is not just a PR role; it is a huge job that requires application to reverse the trends in our exam system.
It is not good enough to say, as Kathleen Tattersall did, that
“wherever there are conflicts of interest we will also look for ways in which they can be managed.”
There must be no conflicts of interest, which is why amendment 40 amends schedule 9 to prevent anyone with a financial or occupational interest that might conflict with the objectives of Ofqual from serving on its board. Greg Watson, the chief executive of Oxford, Cambridge and RSA Examinations said:
“Yes, absolutely. It is important, equally, that Ofqual is independent from those that it regulates.”[Official Report, Apprenticeships, Skills, Children and Learning Public Bill Committee, 3 March 2009; c. 64-65, Q171 and 174.]
Anyone who is a lecturer or professor at a teacher training institution, any serving teacher or head teacher, anyone involved with exam boards or publishers of school textbooks, anyone working for a local education authority and any current or past civil servant or Minister in the Department for Children, Schools and Families should not be able to serve on the board of Ofqual. All those people have a vested interest in demonstrating that exam standards have not fallen over that period, even if they have done so. There is a need for expertise in assessments and academia, but care needs to be taken to ensure that people with that knowledge do not have a reputational or other interest in demonstrating that the UK exam system has maintained its standards over the years.
5.30 pm
Amendment 385 adds a third reason as to why or when the chief regulator can be removed from office. Paragraph 3(7) of schedule 9 currently gives two such reasons, including
“inability or unfitness to carry out the duties of office”
and unauthorised “absence from Ofqual’s meetings” for six months. The amendment adds
“failure to ensure the standard of regulated qualifications is maintained.”
I am pleased that the hon. Member for Yeovil supports that amendment, because we might well test the Committee’s opinion. It is important that the legislation is clear that a key role of the chief regulator is to ensure the standards of regulated qualifications are maintained. The same additional grounds for removal from office are added by amendment 420.
Amendment 417 seeks to introduce transparency into the payment of public officials, by ensuring that all details of their contracts of employment are published in each annual report, including pension arrangements. Similarly, amendment 416 ensures that the same information is published for the chief executive, together with all details of expense payments.
Amendments 418 and 419 change schedule 9 so that the Secretary of State appoints not just the first chief executive of Ofqual, but subsequent ones. Amendment 415 gives the Secretary of State the power to fire the chief executive. Schedule 9 already gives the Secretary of State power to remove the chief regulator, but we believe that the power should extend to the chief executive as well. It is important in a democracy that those held accountable to the public for manifesto promises and for the quality of public services have powers to remove senior people responsible for the delivery of those public services, if they are not delivering what they should be, which is higher standards.
Ministers should also have the power to appoint people to those positions. That does not mean that Ministers will or should be able to interfere inappropriately. There are clear demarcation lines set out in the Bill and elsewhere—if a Minister seeks to interfere in, say, lowering the grade boundaries or getting more pupils to achieve a pass or A grade, the chief regulator would be perfectly within his right to refuse and could well go public with the fact if such an attempt had been made. However, it is important that the Secretary of State has the power to remove people who are clearly not delivering the key objective of maintaining standards in our exam system.
 
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