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Baroness Blatch: My Lords, I am grateful to the noble Baroness for that answer. I am still slightly mystified. A matter that puzzles me is that teaching assistants can now do almost anything in the classroom so long as they are under the supervision of a qualified teacher. They can help to teach reading; they can help small children with basic arithmetic; and they can do different kinds of tasks in a secondary school. They can do almost anything that the noble Baroness has mentioned thus far in all our debates and even as mentioned in the policy statement, which I now know has been overtaken and superseded by one which is more up-to-date.

I am puzzled as to why the new type of teaching assistant is being created. I am told that there will not be two types; they will all become the new kind of teaching assistant referred to in Clause 129.

Another concern is the wording of Clause 129. Teaching assistants are not mentioned. The wording is obscure. Clause 129 states:



    (a) is a qualified teacher".

It does not state "teaching work", but "specified work" and we do not know what that will be. We do not know to what "satisfy specified requirements" refers. Subsection (2) states:


    "Regulations specifying work for the purpose of this section may make provision by reference to—


    (a) one or more specified activities, or


    (b) the circumstances in which activities are carried out".

The wording is obscure. Anyone could be forgiven for wondering what Clause 129 means. There is a great deal of suspicion and anxiety about the precise meaning of the clause and what it does for the status of a qualified teacher in the classroom.

Throughout the Bill, with my amendments I have been striving for an honest description of what the Government aim to do. We do not want to find somewhere down the line that we are getting teachers on the cheap. That is the concern among teachers.

The wise use of a teaching assistant can extend disproportionately the amount of work achieved by a teacher in the classroom. I am not convinced that teachers do not know how to exploit the talents of assistant teachers. I have been to many schools and have seen how incredibly effectively teachers will use a teaching assistant. Teaching assistants gather much experience over the years. I have always believed that there should be a proper system of validating some of the qualifications they gather on the way.

There is a pertinent point to be made as regards special schools. I have been in special schools where assistant teachers have gathered much experience over the years of working in the classroom with children with special needs, certainly more than the newly-qualified teachers coming in straight from college. It

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seems to me that, first, they are paid badly and always have been, and, secondly, there is a case for validating their qualifications and ensuring that they are properly recognised.

I do not deny that there is a proper role and the scope for that to be used as a stepping stone into teaching, as was mentioned by the Minister. I shall withdraw the amendment and await the new policy paper. However, it would be helpful to know that we shall not find ourselves by stealth with teaching assistants who at the end of the day turn out to be substitute, unqualified teachers.

Amendment, by leave, withdrawn.

[Amendment No. 121B not moved.]

Clause 132 [Provision of education]:

Baroness Sharp of Guildford moved Amendment No. 121BA:


    Page 82, line 12, at end insert—


"( ) Regulations made under subsection (1)—
(a) shall not prohibit the provision of education by a person employed full-time who does not have a specified qualification for two years after taking up a first appointment in a further education institution, provided that person embarks on a course leading to such a qualification within that period;
(b) shall not prohibit the provision of education by a person employed part-time who does not have a specified qualification for four years after taking up a first appointment in further education, provided that person has embarked upon a course of study leading to such a qualification within that period; and
(c) may make different provisions as to the specified qualifications and other matters for those engaged in the provision of education on a part-time basis from those engaged full-time.
( ) In determining the qualifications to be specified under subsection (1), the Secretary of State shall have regard to the extent to which the qualifications match the standards laid down by any body recognised by her as being responsible for determining the competencies required for persons providing further education."

The noble Baroness said: My Lords, we discussed this amendment in Committee. It relates to the training of further education staff. In Committee we agreed that many of the staff come from unconventional backgrounds and that the training requirements laid down in the Bill are not necessarily appropriate to them. In particular, there was concern about the arrangements agreed under the Further Education National Training Organisation (FENTO) standards and the procedures which met those standards which had been agreed with the noble Baroness, Lady Blackstone, at an earlier stage. We sought clarification as to whether or not those agreements still applied.

The Minister was extremely helpful in his reply, for which we are grateful. However, the Association of Colleges, on whose behalf we tabled the amendment, was a little unhappy. The Minister's explanation repeated the position already reached in public discussion. The association believed that there was still a problem because he did not explain how, technically, the Government intend to frame regulations to give effect to that policy. It would appear to allow only

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regulations which prohibit the undertaking of teaching by persons who are not qualified. That formulation would preclude the drafting of regulations which would allow teaching by unqualified persons in certain circumstances. I refer, for example, to persons in the first two years of full-time employment who are pursuing a recognised qualification.

Some explanation of the scope of the regulations and how they fit in within the powers granted within this clause would be helpful. I tabled the amendment to seek further explanation on those issues and wonder whether the Minister can help. I beg to move.

9.15 p.m.

Lord Davies of Oldham: My Lords, I am grateful for the opportunity provided by the amendment moved by the noble Baroness, Lady Sharp, to clarify what I hoped I had established in Committee, but I recognise the points she has made. I shall do my best to have a better shot at it this time around.

The timescales currently set out in regulations were established on advice from FENTO, the standards setting body for further education. For a full-time teacher the qualification must be obtained within two years of a place becoming available; for a part-time teacher the qualification must be obtained within four years of a place becoming available. Those timescales obviously ease the burden on part-time staff, particularly those who have other current employment, and provides sufficient flexibility to acquire the qualification in service and in stages, as appropriate to their role. It is our intention to continue that policy in the new regulations.

It is reasonable for a student to expect those who teach in further education to be qualified, both in their own subject and in teaching practice. If not, it is reasonable to expect that they should become qualified at the earliest opportunity. Of course we provide support from the Standards Fund, through the Learning and Skills Council, to cover both the costs of teacher training and the staff cover costs so that new staff can be released from teaching duties in order to gain the qualification.

As I mentioned in Committee, we recognise that there is heavy pressure on teachers in their first year of teaching. We maintain that the support given to the staff in the way that I have just outlined, together with good management practice, eases the burden of actual teaching in the college. It should ensure that the lecturer can achieve the teaching qualification without too great a burden being placed upon him. So we look to the colleges—as they have always argued that they are in favour of qualified staff—therefore to assist in the development of the policy.

I can confirm that it is our intention that the existing regulations relating to the qualifications for teachers in FE colleges will continue in force, subject to minor modification for clarification purposes. We do not at this stage plan changes to the timescales, which differentiate between full and part-time staff, as I have indicated. Our intention is to re-enact provisions in Section 218 of the Education Reform Act 1988, as part

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of the rationalisation of that section. As I sought to make clear in the debate on the amendment in Committee, if we are to ensure high standards of provision in FE, it is crucial that these powers are retained.

Whether a member of staff is employed full-time or part-time should make no difference to the standard of teaching received by the learner. I hope that the noble Baroness, Lady Sharp, will feel reassured by that explanation.

In Committee the noble Baroness described the clause as "rather bleak". I looked at it and I agree with that description. It is expressed as a series of negatives and I understand the bleakness of it. The clause needs to be read with Clause 136(1), which effectively gives a power to make exemptions from the regulations, and a more general provision in Clause 204 where any regulations can make provision generally or only in specified cases. The regulations do not apply to anyone who was a teacher at a further education college or at a maintained school before 1st September 2001. There is also an exemption for a,


    "person whose primary occupation or profession is not teaching and who is employed by the college on a temporary or occasional basis to provide updating on current industrial, commercial or professional practice".

I am sure that the noble Baroness recognises that one of the great strengths of the FE system is its ability to call in expertise from people practising in commerce and in business. They are not teachers. It would be unreasonable to expect them to obtain teaching qualifications. But they are able to give the latest insight into the practice in the world which they occupy and bring that into the educational framework. We greatly value that. It is that category of person that we would ensure will continue to be exempt from these provisions. We have no plans to change that exemption although we may make minor changes to the wording in the light of experience.

If we produced changes to regulations we would feel obliged to discuss them with FENTO, with the employers and with the trades unions because we recognise the great sensitivity and interest in the matter. All interests would be considered. On that basis, I hope that the noble Baroness is reassured more fully than she was in Committee. I hope that she will feel able to withdraw the amendment.


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