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Schedule 11

The Qualifications and Curriculum Development Agency
Mr. Laws: I beg to move amendment 144, in schedule 11, page 196, line 24, leave out ‘Secretary of State’ and insert
‘Children, Schools and Families Committee of the House of Commons.’.
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The Opposition could perhaps be criticised for not having tabled more amendments on this subject to probe in more depth the relationship between the Government and the QCDA. We may want to return to that later. Amendment 144 deals with the accountability of the chief officer of the QCDA. According to schedule 11, the QCDA is to consist of between eight and 13 members who will all be appointed by the Secretary of State. The Secretary of State must appoint one of the ordinary members to chair the QCDA. Paragraph 3(1) states:
“The chief officer is to be appointed by the QCDA, on conditions of service determined by the QCDA.”
Paragraph 3(2) states:
“The appointment and conditions of service of the chief officer are subject to the approval of the Secretary of State.”
In the debate on Ofqual, we considered whether some accountability for these bodies should be to Parliament through Select Committees rather than directly to the Secretary of State. The Children, Schools and Families Committee has considered that point, as have other Select Committees. The amendment would delete “Secretary of State” and insert
“Children, Schools and Families Committee of the House of Commons.”
In other words, it would make the Select Committee rather than the Secretary of State responsible for approving the appointment and conditions of service of the chief officer of the QCDA.
Ofqual is a high-profile body with potentially an important job. There will be a lot of attention on whether it succeeds in resolving the standards debate. Because of that, there has been an inclination inside and outside Parliament to underestimate the importance of the QCDA. Its responsibilities are set out in the schedule, in later clauses and in the explanatory notes, which state:
“The QCDA will retain the QCA’s non-regulatory functions, including supporting Ministers on developing the curriculum and related qualifications and delivering National Curriculum tests.”
It is an extremely important body and there are issues about its independence.
My party would feel much more comfortable and supported if there was accountability to Parliament, rather than all accountability being placed in the hands of the Secretary of State. After all, the Secretary of State has already been given significant powers over the QCDA, such as the power to appoint its members. We hope that the Minister will respond to those concerns.
Sarah McCarthy-Fry: On the QCDA being a non-departmental public body, it will have the same status that the QCA currently has. It will continue to be the key source of expertise in supporting Ministers on the curriculum and related qualifications. It will continue to develop and deliver national curriculum tests. Ministers are quite rightly accountable to Parliament for the content of the curriculum and they will continue to need an expert body that offers robust advice on monitoring and developing the curriculum. As a non-departmental public body, it will be at arm’s length from Ministers rather than directly under their control. That is the relationship we want it to have: close to Ministers, but separate from them and able to provide expert advice.
Mr. Laws: Will the Minister explain why the Government decided to make Ofqual a non-ministerial body and for the QCDA to be a non-departmental public body? What is the justification for the different treatment?
Sarah McCarthy-Fry: The difference is that Ofqual has a regulatory function whereas the QCDA is an advisory body.
The amendment proposes that the appointment and conditions of service of the chief officer of the QCDA should be subject to the approval of the Children, Schools and Families Committee rather than the Secretary of State. It is similar to amendment 57, which we debated on Tuesday, and which proposed that the appointment and conditions of service of the Ofqual chief executive should be approved by the Select Committee.
The amendment is problematic for two reasons. First, the QCDA is accountable to Parliament not directly, but via the Secretary of State. In fact, two Secretaries of State have an interest in its work. That accountability must be reflected in the responsibility for approving the appointment and conditions of service of the chief officer. I therefore have a problem with the amendment in principle. Secondly, it is not appropriate for a Select Committee to be responsible for approving the appointment and conditions of service of an employee of a public body that is part of Government. That is not the purpose of Select Committees and they do not have the structures to do it. I hope that the hon. Gentleman will consider withdrawing the amendment.
Mr. Laws: I am disappointed, but not entirely surprised. As the Minister accurately said, to some extent we are rehearsing the arguments that we had in relation to Ofqual, where we also sought to involve Select Committees in that way. I therefore have the feeling that the Government are unlikely to be persuaded, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: 500, in schedule 11, page 197, line 29, leave out paragraph (c).
See Member’s explanatory statement for amendment 498.
Amendment 307, in schedule 11, page 201, line 24, leave out ‘this or any other’ and insert ‘any’.—(Sarah McCarthy-Fry.)
See Member’s explanatory statement for amendment 291.
Schedule 11, as amended, agreed to.

Clause 167

Objective
Mr. Gibb: I beg to move amendment 34, in clause 167, page 90, line 31, leave out ‘coherence’ and insert ‘rigour’.
The Chairman: With this it will be convenient to discuss the following: amendment 226, in clause 168, page 91, line 15, at end insert—
‘(g) information provided to it by recognised awarding bodies.’.
Amendment 387, in clause 168, page 91, line 15, at end insert—
‘(g) the desirability of promoting the acquisition of academic knowledge.’.
Amendment 386, in clause 168, page 91, line 21, at end insert—
‘(d) persons whom, in the opinion of the Secretary of State, represent the interests of employers or institutions within the higher education sector.’.
Amendment 145, in clause 169, page 91, line 37, leave out subsection (2).
Amendment 388, in clause 170, page 92, line 12, at end insert—
‘(c) must have regard to the importance of maintaining the rigour of academic qualifications.’.
Amendment 389, in clause 172, page 93, line 10, at end insert—
‘(c) must have regard to the importance of maintaining the academic rigour of the curriculum.’.
Mr. Gibb: Clause 167, which is probably the shortest one in the Bill, sets out what the QCDA’s objectives should be. It says that:
“The QCDA’s objective is to promote quality and coherence in education and training in England.”
I can understand “quality”, which we support. However, I do not understand the purpose of inserting the word “coherence” into education and training. Clearly, we do not want incoherence in education and training, but there is no need for it to be an ordered and coherent activity. The market should decide—whether that is within the state sector, or between the state and independent sector. The schools will decide what the education should be and parents should decide what type of education they want for their children. The more diverse the education system, the better, so that we can use best practice from all over the country and from all kinds of institutions.
I see no purpose in having the word “coherence” in the very short objective that is set out for the QCDA in the clause. Amendment 34 therefore seeks to leave out the word “coherence” and insert the word “rigour” because parents are seeking rigour from the education system. I do not want to rehearse the debates that we have already had in the Committee about trying to restore rigour and standards to our education system, our qualifications and our curriculum.
Amendment 387 inserts into clause 168, which concerns the general duties of QCDA, the phrase:
“the desirability of promoting the acquisition of academic knowledge”.
Over the past 10, 20 or 30 years, there has been a drift away from knowledge towards skills. Children are learning about chronology or data analysis in history, but very often they are failing to learn about the Saxons, the Romans, the middle ages and periods of history that are important to Britain, Europe and the world. The children may well have those esoteric skills, which I doubt that they will have acquired, but their knowledge of history is sketchy. I sat in on a lesson in a secondary school recently where they were learning about data analysis and intuiting the evidence. A portrait of Henry VII was displayed to the class, which were asked to intuit from that portrait things about Henry VII. The answers that the children were coming up with were that he was rich because he had a fur thing around his neck and that he was full of himself because he had all this gilt on his clothing, but that is an irrelevance. Nothing was said about his battle with the barons or the fact that he was actually short of money, hence all the problems that Henry VII suffered during his reign. That is not the way our education system should be going, but it is the way that it is travelling at the moment.
The purpose of amendment 387 is to insert into the objectives of the QCDA the desirability of promoting the acquisition of academic knowledge. No parent in this country would find that an odd objective to insert—I am surprised that that objective is not already set out in the Bill.
Amendment 386 inserts a subsection (d) into clause 168:
“persons whom, in the opinion of the Secretary of State, represent the interests of employers or institutions within the higher education sector.”
That is a requirement to consult those people. Qualifications serve three purposes—they serve the students or people who take the tests, as our education systems serves them, but they also serve the users of qualifications, which are the institutions of higher education and employers. They need to be consulted when the QCDA is considering its work and the reforms that it is implementing in the curriculum.
Amendment 388 adds a subsection to clause 170, saying that the QCDA
“must have regard to the importance of maintaining the rigour of academic qualification.”
There is ample evidence, which I do not want to reprise in today’s debate, that exam standards have declined in recent years—such as from the centre for evaluation and monitoring at Durham university, about how there has been grade inflation in most of the A-levels taken over the past 10 or 20 years.
Finally, amendment 389 adds a subsection to clause 172, saying again that the QCDA
“must have regard to the importance of maintaining...academic rigour”.
None of the amendments is terribly controversial. They are all amendments that the public would support. I hope that the Minister will be able to support them this evening.
Mr. Laws: I am also interested in hearing the Government definition of “coherence”, when we come to the Minister’s response to the hon. Gentleman’s amendments.
I shall speak to amendments 226 and 145. I hope that amendment 226 will not prove too controversial and that the Minister will be able to reassure me in her response, because the amendment adds an additional element that QCDA must have regard to in pursuing its functions—information provided to it by the recognised awarding body. It is important for the QCDA to take into account the expertise and practical knowledge of the awarding bodies. I am sure that the Minister will say that she agrees with that—we had a similar amendment on one of the clauses dealing with Ofqual’s responsibilities and the Minister was able to respond positively. I hope that she will be able to do so similarly on amendment 226.
Amendment 145 is probing, to find out more about the thinking of the Government on clause 169(1)(b), which makes some allowance for the QCDA potentially not to be taking a responsibility for some qualifications in the future. The explanatory notes say:
“The Secretary of State is given the power by order to exclude qualifications from QCDA’s remit”—
as is implied in clause 169—
“The order-making power is subject to the negative procedure. This provision is designed to allow for any future changes to the QCDA’s role. The intention is that this power could be used in particular to remove the QCDA’s functions in relation to vocational qualifications, if the Department for Innovation, Universities and Skills were to conclude at a later date that it did not wish the QCDA to have advice and review functions with respect to these qualifications. Any such decision would not affect Ofqual’s role in regulating those qualifications.”
I am interested to know why the Government—the two Departments—have inserted that provision into the Bill and whether they think that it would be sensible in the future for vocational qualifications not to be part of the remit of the QCDA. I thought that it would be the Government’s intention to include vocational qualifications and that there was concern that they should be treated differently from the range of academic qualifications. I hope that the hon. Lady can therefore enlighten us about why the measure has been inserted into the Bill and explain what consideration has already been given by her sister Department, DIUS, into whether the change should take place. Is there is a plan to use the exclusion power within the foreseeable future?
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