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25 July 2007 : Column 827
In his excellent review, the noble Lord, Lord Leitch, did not mention the Learning and Skills Council until page 71. It was not mentioned at all in the recent Statement on world-class skills, so I wonder very much about its future. As my noble friend Lord Eccles said, we are not soft on underperforming colleges, but the power to intervene should remain where it currently resides, with the Secretary of State. This, in our view, is completely unnecessary, unhelpful legislation and is a classic case of Parliament doing too much, which is hardly surprising given that this Government pass a new law every three hours. For that reason, I wish to test the opinion of the House.
5.24 pm
On Question, Whether the said amendment (No. 1A) shall be agreed to?
Their Lordships divided: Contents, 159; Not-Contents, 157.
Addington, L.
Alton of Liverpool, L.
Anelay of St Johns, B.
Astor of Hever, L.
Avebury, L.
Beaumont of Whitley, L.
Blaker, L.
Bonham-Carter of Yarnbury, B.
Bowness, L.
Bradshaw, L.
Bridgeman, V.
Brittan of Spennithorne, L.
Brooke of Sutton Mandeville, L.
Brougham and Vaux, L.
Bruce-Lockhart, L.
Burnett, L.
Byford, B.
Carnegy of Lour, B.
Cathcart, E.
Chadlington, L.
Chidgey, L.
Colwyn, L.
Cope of Berkeley, L. [Teller]
Cotter, L.
Courtown, E.
Craigavon, V.
Crickhowell, L.
Darcy de Knayth, B.
De Mauley, L.
Dean of Harptree, L.
Denham, L.
Dholakia, L.
Dixon-Smith, L.
Dundee, E.
Dykes, L.
Eccles, V.
Eccles of Moulton, B.
Elliott of Morpeth, L.
Elton, L.
Falkland, V.
Feldman, L.
Flather, B.
Fookes, B.
Fowler, L.
Freeman, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Glasgow, E.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Hamwee, B.
Hanham, B.
Hanningfield, L.
Harris of Richmond, B.
Henley, L.
Higgins, L.
Hooper, B.
Howard of Rising, L.
Howe of Aberavon, L.
Hunt of Wirral, L.
James of Blackheath, L.
James of Holland Park, B.
Jones of Cheltenham, L.
Kimball, L.
King of Bridgwater, L.
Kingsland, L.
Kirkwood of Kirkhope, L.
Knight of Collingtree, B.
Laing of Dunphail, L.
Lee of Trafford, L.
Lester of Herne Hill, L.
Liverpool, E.
Livsey of Talgarth, L.
Lucas, L.
Ludford, B.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
Mackay of Clashfern, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Mancroft, L.
Marlesford, L.
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Mawhinney, L.
Mayhew of Twysden, L.
Methuen, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Montrose, D.
Moore of Lower Marsh, L.
Morris of Bolton, B.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicholson of Winterbourne, B.
Noakes, B.
Northbrook, L.
Northover, B.
Norton of Louth, L.
O'Cathain, B.
Oppenheim-Barnes, B.
Palmer, L.
Park of Monmouth, B.
Parkinson, L.
Patten, L.
Patten of Barnes, L.
Pilkington of Oxenford, L.
Platt of Writtle, B.
Plumb, L.
Razzall, L.
Reay, L.
Rees, L.
Rennard, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Roper, L.
Russell-Johnston, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Shephard of Northwold, B.
Shutt of Greetland, L. [Teller]
Skelmersdale, L.
Smith of Clifton, L.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Strathclyde, L.
Swinfen, L.
Taylor of Holbeach, L.
Taylor of Warwick, L.
Teverson, L.
Thatcher, B.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Tonge, B.
Tope, L.
Tordoff, L.
Trumpington, B.
Tyler, L.
Verma, B.
Waddington, L.
Wade of Chorlton, L.
Waldegrave of North Hill, L.
Walmsley, B.
Walpole, L.
Wilcox, B.
Windlesham, L.
Adams of Craigielea, B.
Adonis, L.
Ahmed, L.
Alli, L.
Amos, B.
Anderson of Swansea, L.
Andrews, B.
Archer of Sandwell, L.
Bach, L.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Best, L.
Bhattacharyya, L.
Bilston, L.
Blood, B.
Borrie, L.
Boston of Faversham, L.
Boyd of Duncansby, L.
Bradley, L.
Bragg, L.
Brennan, L.
Brett, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Burlison, L.
Campbell-Savours, L.
Chandos, V.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Colville of Culross, V.
Corbett of Castle Vale, L.
Crawley, B.
Cunningham of Felling, L.
David, B.
Davidson of Glen Clova, L.
Davies of Coity, L.
Davies of Oldham, L. [Teller]
Dean of Thornton-le-Fylde, B.
Dixon, L.
Drayson, L.
D'Souza, B.
Dubs, L.
Elder, L.
Evans of Temple Guiting, L.
Falkender, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Freyberg, L.
Fyfe of Fairfield, L.
Gale, B.
Giddens, L.
Golding, B.
Goldsmith, L.
Gordon of Strathblane, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Grenfell, L.
Griffiths of Burry Port, L.
Grocott, L. [Teller]
Hannay of Chiswick, L.
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Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haskins, L.
Haworth, L.
Henig, B.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Hooson, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe of Idlicote, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jones, L.
Jones of Whitchurch, B.
Kilclooney, L.
King of West Bromwich, L.
Lea of Crondall, L.
Leitch, L.
Lipsey, L.
Listowel, E.
Lofthouse of Pontefract, L.
McDonagh, B.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maginnis of Drumglass, L.
Mallalieu, B.
Massey of Darwen, B.
Maxton, L.
Montgomery of Alamein, V.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Handsworth, L.
Morris of Manchester, L.
O'Neill of Clackmannan, L.
Parekh, L.
Patel, L.
Patel of Blackburn, L.
Pendry, L.
Pitkeathley, B.
Plant of Highfield, L.
Prashar, B.
Prosser, B.
Puttnam, L.
Quin, B.
Radice, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rendell of Babergh, B.
Rogan, L.
Rooker, L.
Rosser, L.
Rowlands, L.
Royall of Blaisdon, B.
Sawyer, L.
Scotland of Asthal, B.
Sheldon, L.
Simon, V.
Smith of Finsbury, L.
Snape, L.
Soley, L.
Stone of Blackheath, L.
Strabolgi, L.
Sutherland of Houndwood, L.
Temple-Morris, L.
Tomlinson, L.
Triesman, L.
Truscott, L.
Turner of Camden, B.
Vadera, B.
Wall of New Barnet, B.
Walton of Detchant, L.
Warner, L.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
West of Spithead, L.
Whitaker, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Woolmer of Leeds, L.
Young of Hornsey, B.
Young of Norwood Green, L.
Resolved in the affirmative, and amendment agreed to accordingly.
5.35 pm
“Intervention: Wales“(d) they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.”“(5A) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.”
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“(6A) The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
(6B) But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution’s articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.”
(3) The Welsh Ministers must lay before the National Assembly for Wales a copy of any statement or revised statement prepared by them under this section.
(4) The Welsh Ministers must publish any statement or revised statement prepared by them under this section.
(5) The Welsh Ministers must have regard to the statement most recently published under subsection (4) in exercising, or deciding whether to exercise, any of their powers under section 57 in relation to an institution.””
Lord Triesman: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2.
Moved, That the House do agree with the Commons in their Amendment No. 2.—(Lord Triesman.)
Baroness Morris of Bolton rose to move, as an amendment to the Motion that this House do agree with the Commons in their Amendment 2, leave out “agree” and insert “disagree”.
The noble Baroness said: My Lords, I beg to move.
Moved accordingly, and, on Question, amendment agreed to.
(a) the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and
(b) the Privy Council considers that the proposals are satisfactory and are likely to be carried out.””
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Lord Triesman: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 3.
This amendment fulfils a commitment given by my noble friend Lord Adonis when the Bill was last before this House. My noble friend acknowledged that the issue of foundation degree graduates progressing to higher-level study is such an important matter that it deserves to appear in the Bill, and that is what the Government have sought to provide through the amendment that is now before your Lordships.
Amendment No. 3 provides that in order to grant foundation degree-awarding powers to an FE institution in England, the Privy Council must first have received a statement from that institution setting out how it proposes to secure opportunities for progression to at least one course of more advanced study for any person awarded one of its foundation degrees. The Privy Council will also need to consider that these proposals are satisfactory and are likely to be carried out before it can grant foundation degree-awarding powers. When considering whether to make an order granting foundation degree-awarding powers, the Privy Council will take advice from the Quality Assurance Agency, (QAA).
In practice, it is expected that the statement about proposals for ensuring progression would form part of a “critical self-analysis”, which all institutions applying for degree-awarding powers are asked to carry out. This self-analysis will also be the basis for any application for foundation degree-awarding powers. Therefore, Amendment No. 3 does not place any substantial new burden on applicant institutions.
To maintain standards and safeguard the interests of the learner, it is vital that we strive to preserve the flexibility and potential for innovation that have already made the foundation degree such a popular and highly valued qualification. Institutions, the courses they offer and the needs of employers and learners can and will change over time. With this in mind, Amendment No. 3 has been drafted so that the proposals are to cover not just progression arrangements in respect of foundation degree courses being contemplated at the time of the initial assessment but how the college plans to ensure progression arrangements as it introduces new foundation degree courses over time.
The amendment deliberately avoids creating an entitlement for foundation degree graduates to a place on a course of higher-level study. This is consistent with the commitment made by my noble friend Lord Adonis at Third Reading. Admissions policies and procedures remain the prerogative of individual institutions, and the amendment is framed so as not to infringe this.
The amendment is not prescriptive about how a college should approach the question of progression. There is already diversity of practice, and we would not want to stifle that. It will be for the awarding institutions themselves to determine how they go about achieving progression opportunities for every person awarded a foundation degree, and it will be for foundation degree graduates to decide whether they wish to take up the opportunities for progression that are presented to them.
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Progression need not always be to an honours degree. The published draft guidance states that progression is expected to be to at least one bachelor’s degree with honours, with an expectation that this should not normally exceed 1.3 years for a full-time equivalent student in England, or to an appropriate professional or other qualification at level 6 in the National Qualifications Framework.
I am sorry that the noble Lord, Lord Dearing, is not in his place, but I know that he is at a conference which is analysing the 10 years since his quite exceptional report. He has written to me suggesting that the wording of paragraph 12 of the draft guidance be amended slightly to reflect more closely the wording of paragraph 30 of the foundation degree benchmark statement—included as Appendix 2 of the guidance—which also addresses progression.
I undertake that we will incorporate the noble Lord’s suggestions in the next version of the guidance, which will be issued as a working document to the QAA, following completion of the Bill’s passage. At the end of the first sentence of paragraph 12, we will insert the following form of words, which will replace the second sentence of that paragraph:
“Progression routes should be established when Foundation Degrees are validated, and identify the link(s) between the Foundation Degree and other qualification(s). Such links may be to qualifications awarded by higher education institutions and/or by professional and other educational bodies. Institutions awarding Foundation Degrees will normally guarantee progression to at least one bachelor’s degree with honours, with the expectation that this should not normally exceed 1.3 years for a full time equivalent student in England. Alternatively, progression may be to an appropriate professional qualification or other qualification at level 6 in the National Qualifications Framework”.
I also take this opportunity to thank the noble Lord, Lord Dearing, for his valuable contribution to the development of the proposals on foundation degree-awarding powers throughout the passage of this Bill. His helpful and constructive suggestions have informed several improvements made by the Government, both to the provisions in the Bill and to the non-statutory guidance and criteria. I look forward to continuing working with the noble Lord, Lord Dearing, and other noble Lords who have assisted with this and with whom other government colleagues have worked.
Returning to Amendment No. 3, the applicant institution’s statement needs to be forward-looking, setting out the institution’s strategy for securing progression routes from foundation degree programmes which it might establish in future as well as from those it has already established and developed.
In determining whether an applicant institution’s proposals are satisfactory and likely to be carried out, the Privy Council might also consider whether the institution’s academic management is sufficiently strong to ensure that progression routes are and will be established. In making its determination, the Privy Council may also wish to consider what the applicant institution proposes to do about renewing progression arrangements or seeking new ones, if the old ones
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A mechanism needs to be in place that can monitor whether, once a college has been granted foundation degree-awarding powers, it continues to act in accordance with the statement it made at the time of application. Failure to do so and, more generally, a failure to secure opportunities for progression for its foundation degree graduates, would be a grave matter.
A lapse in progression routes from any foundation degree would be picked up by the QAA, whether through its regular audits of HE provision in FE institutions or through its procedure for handling causes of concern in institutions providing higher education.
A cause for concern can be declared at any time. There is no need to wait until the institution’s next audit to investigate whether there has been a transgression and, crucially, to make the necessary intervention if that is required. If, on investigation, the cause for concern is established and substantiated, swift and proportionate action can be taken to rectify the shortcoming.
The consequences for a foundation degree-awarding college that fails to ensure progression from its foundation degrees are set out in the QAA’s published procedure. In all cases, the QAA will discuss the outcome with the institution concerned and request an action plan, with targets for rectifying the shortcoming. HEFCE will be informed of the action to be taken in the case of institutions it funds. The department will be informed of this action in all cases. The QAA will monitor and sign off all action plans and decide whether the institution’s next scheduled audit should be brought forward.
The substantiation of a cause for concern carries a serious reputational risk to any provider of higher education and it would have a negative impact on that institution’s ability to recruit new students. QAA intervention is a real deterrent to serious lapses in standards, which is what a failure to ensure progression would amount to. The QAA has commented:
“The recommending of an institution for foundation degree-awarding powers would be on the assumption that an FE institution would operate its powers in the manner anticipated when its application was assessed. The failure to ensure progression routes would be a serious matter and might constitute grounds for QAA intervention. The review of the cause for concern would look at the issue of persistent failure and make recommendations accordingly”.
We have brought forward a sensible, robust package of statutory and non-statutory measures, which signal clearly the continued centrality of progression to the foundation degree qualification. A strong, effective mechanism is in place for monitoring the performance of foundation degree-awarding institutions and intervening where this is not satisfactory, not only at the time of application for the new powers but on an ongoing basis. I therefore urge your Lordships to agree to the amendment.
Moved, That the House do agree with the Commons in their Amendment No. 3.—(Lord Triesman.)
Baroness Morris of Bolton: My Lords, this amendment was brought forward in another place to address concerns raised in your Lordships’ House—especially by the noble Lord, Lord Dearing—
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