Damian Hinds
MP for East Hampshire · Conservative · United Kingdom
“There are moments in debates like the one we have had today that are difficult to sit through and listen to, but it is the most immense privilege to be a Member of Parliament and to hear some of these testimonies.”
“Today is once again a day of heavy responsibility for all of us to decide on what we in this House call “conscience issues”. Many of the people who we represent hold strong and immutable views, and we hear from them. However, we represent many others who hold much more nuanced views and we are less likely to hear from them.”
“Members who support the Bill should not have their motives questioned, Members who oppose the Bill should not have their motives questioned, and Members who have reached a different conclusion from one they reached at an earlier stage should not have their judgment questioned either.”
“We have heard from royal colleges and other professional bodies, many of whom have a neutral stance on the principle but raise significant questions about particular aspects. We know from Ministers that there would need to be some reprioritisation of NHS resources, but we do not know the extent.”
“If there is the prospect of the Parliament Acts being used, that would increase the importance and the salience of the text as it is now. Today, it is reasonable and entirely in order for hon. Members to consider information that is available now that was not available in those previous parliamentary deliberation.”
“The Government have said, rightly, that the time taken to implement other schemes is not directly comparable, because none are as in this Bill. This is a free vote on a matter of conscience—there is no party line on either side of the Chamber. No one, I suggest, finds this issue easy.”
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“I do not know if the hon. Member has been reading misquotes.com again, but I did not say what he just suggested. I think he is probably referring to an interview from years ago in which I said that it has become something of a rite of passage that, between years 6 and 7, the great majority of children are given a mobile phone. That is true, and it is not at all what he just said that I said.”
“The hon. Member clearly did not consult the hon. Member for Chatham and Aylesford (Tristan Osborne), because he has made a slightly contradictory point. I was coming on to say that we did issue non-statutory guidance that mobile phones should be prohibited during school. That was the right thing to do. I do not know if this is further down whatever webpage the hon. Member for Basingstoke (Luke Murphy) was looking at, but I said that we maintained the option of making that guidance statutory. That time has come to do that, because the guidance has not been sufficiently effective in its current form, but issuing the guidance was the right thing to do.”
“Proving causality perfectly is incredibly difficult—we will probably never be able to do it. However, I do not know about colleagues, but I do not meet many people, particularly not teachers, who seriously doubt that there is a major causal link between the two things.”
“To give the mirror image, it is true that we believe, in general, that we should leave things entirely up to schools, who know their children best, but this should be an exception. As that hon. Gentleman was just saying— [ Interruption. ] I was not being rude; I meant the hon. Member for Basingstoke, as opposed to this one, the hon. Member for Chatham and Aylesford. In 2019, we decided not to issue that guidance, but in 2024 we did. It was clear at the time that there was an option to make the guidance statutory, if required. Since then, the world has kept on changing. My hon. Friend the Member for Harborough, Oadby and Wigston (Neil O’Brien) talked about the continued development, tragically, of mental ill health among children and young people. We had this debate when discussing a private Member’s Bill a couple of Fridays ago.”
“I have made that argument myself many times over the years on many different things. Both the Labour party and the Conservatives find ourselves in the exceptionalism territory. Labour Members of Parliament say, “Don’t tell schools what to do. Leave it up to individual headteachers.” Have they read the rest of the Bill? It prescribes what schools must do in the most extraordinary detail. It takes away academy freedoms, specifies the exact length of breakfast, and says, “You may not have more than four items of branded school uniform. For secondary schools, that includes a tie. Primary schools may not have a tie.” It includes all manner of detailed specifications, except on this one issue.”
“With respect, there are different levels. There is non-statutory guidance, statutory guidance and primary legislation. I first had to deal with this question in 2019. On that occasion, we decided not to issue a ban. We had a big discussion about it in a legislative Committee. I am not totally sure that it was the right approach to take at the time, but it seemed to be the view of headteachers in particular that there should be no ban. The hon. Member is right that when I was back in the Department for Education, we introduced non-statutory guidance, and I believe that the time has come to write that guidance into legislation. If he will give me a chance, I will say why. Even if something should be banned, it is perfectly legitimate to ask: why not just let schools decide? Schools know their pupils better.”
“The further down that list we go, the more we hear people saying, “Phones are about, particularly in breaks and at lunch time.” That, to me, is part of the school day; this is not just about lesson time.”
“I apologise, Madam Deputy Speaker; indeed we are. In fairness to the hon. Lady, there is a connection, but it is important to say that we did not say no to a ban in 2024. We said that we would start with non-statutory guidance, with the option to make that guidance statutory. Yes, children’s usage of mobile phones has continued. People say, “Phones are banned in all schools anyway.” That is true, and I doubt there is a school in the whole country that says, “Yeah, it’s okay, just whip out your phone in the middle of an English lesson.” Everybody has various restrictions. However, if we look at the survey data, we see that there is a bit of a hierarchy; we can listen to Ministers, headteachers, classroom teachers or kids.”
“Now, the only real argument that I hear—I do not say that this is a trivial point—is about the big cost of buying pouches or lockers. If that is what we are arguing about, that is material progress. It is time for us to stop talking about whether, and to start talking about how.”
“The hon. Member makes a powerful point very effectively. There will always be arguments about needing exceptions for this case and that, but we can have exceptions, and school headteachers are pretty good at knowing when they need to make an exception to a rule. It would be helpful to have a national policy in this area. That would not preclude exceptions for children with a special educational need or young carers. Crucially, it would also not preclude children from having a phone as they go to and from school, where the school and the parents want that. Parents often think about that, for safety reasons. There are various ways of dealing with this, such as the pouches that the hon. Member mentioned, or lockers. I have noticed a shift. A couple of years ago, some people argued against a ban on principle.”
“The two would merge in the 1980s to give us, of course, BTEC, the Business and Technology Education Council. There were national training organisations, the Learning and Skills Council, sector skills councils, the UK Commission for Employment and Skills, the Skills Funding Agency or SFA, which would later become the ESFA, or Education and Skills Funding Agency, and most recently LSIPs—local skills improvement partnerships—and IfATE.”
“Clause 3 will abolish the institute and introduce a schedule 3, which makes consequential amendments to the 2009 Act and other Acts. The history of this sector is the history of many changes in the machinery of government and the creation of many quangos. There have been 12 in the past five decades. This one will be lucky—no doubt—13. My hon. Friend the shadow Minister helped us with some of the history and some of those previous bodies. I have a slightly longer list. We have had industrial training boards, the Manpower Services Commission, the Training Commission, and the training and enterprise councils known as TECs—but those TECs were not the same as another type of TEC, the Technical Education Council, which existed alongside the Business Education Council or BEC in the 1970s.”
“We are debating clauses 1 to 3 stand part and schedules 1 to 3. The Minister, in her opening remarks, talked a lot about the intention to create Skills England, how it will operate and so on. That is not in clauses 1 to 3. The Bill is all about transferring functions from the independent Institute for Apprenticeships and Technical Education to the Secretary of State in central Government. Colleagues may have seen the, as ever, helpful and pithy descriptive notes from the House of Commons Library. Clause 1 introduces schedule 1, which will transfer statutory functions from the institute to the Secretary of State. Clause 2 introduces schedule 2, which will allow the Secretary of State to make schemes for the transfer of property rights and liabilities from the institute.”
“Those many bodies over the years have been mirrored by a true panoply of qualifications and awards: traditional apprenticeships; modern apprenticeships; the YOP or youth opportunities programme; the YTS, or youth training scheme; City and Guilds; the TVEI, or training and vocational education initiative; the NCVQ or National Council for Vocational Qualifications; NVQs or national vocational qualifications, which are still in use; GNVQs, or general national vocational qualifications, which became BTECs and diplomas; the 14-to-19 diplomas, which are not quite the same thing as the Tomlinson diplomas; Skills for Life; traineeships; and all together between 100 and 200 recognised awards and organisations, excluding those that do only end-point assessments.”
“I am very grateful; who knows where this conversation might take us? Last time I looked, 1563 was not in the past five decades. The hon. Lady says that every generation should try to reform, and that may well be true. I do not know how many generations she calculates there are in a 50-year period, but as sure as anything, there are not 12, let alone 13.”
“The Independent Panel on Technical Education, which convened in 2015 to 2016, took a broad overview of exactly the fractured landscape that the hon. Member talked about. By the way, I have missed out the page of my notes where I was going to go through all the qualifications that someone could do at level 3 to age 18, which is a similarly sized list.”
“Yes, but the Bill does not do that, and if the hon. Member thinks it does, I am afraid he is mistaken. Some years ago, I used to sit on the Government Benches and was a Minister at the Department for Education, as the hon. Member said, and on many occasions I have had a close interest in these areas. There was a cross-party coming together in the early to mid-2010s, which resulted in the Sainsbury report. The noble Lord Sainsbury, as the hon. Member may know, is a Labour peer who devoted a great deal of his life and the work of his foundation, the Gatsby Foundation, to trying to improve something that in this country, historically and by international comparison, we have not been tremendously good at: technical and vocational education and training.”
“The Sainsbury report, published in April 2016, set out a blueprint for what would be a major upgrade and simplification of technical and vocational education and training, to address the productivity gap in this country—we talk about this sometimes; there has been a productivity gap every year I have been alive, and I am in my mid-50s today—and indeed a major social justice gap. Although it was a blueprint, it was also a redprint because it had cross-party support. It called for a fundamental shift in how we did technical and vocational education, with coherent routeways from level 2 through to level 5 along 15 different sector routes, three of which would be apprenticeship only, through to 35 different pathways mapped as specific occupations—specific needs of the economy and companies.”
“I had probably better go on a little, but I would love to hear from the hon. Gentleman. I promise that the Committee will have a chance so to do. Unsurprisingly, that panel found that the technical and vocational education and training landscape in this country was over-complex. The example of plumbing was given, with 33 different qualifications that a young person could decide to do. Moreover, the panel found that the system was not providing for the skills that the country needed and that the technical and vocational education and training had become “divorced” from the occupations that they were there to serve, with no or weak requirements to meet employers’ actual needs.”
“My hon. Friend is right. If we take the full etymology, we can go back a lot further, to the creation of guilds centuries ago, which evolved into the modern system.”
“On the other hand, it can be argued that there should of course be direct control from a democratically elected Government over the most important institution in our country. However, I think an independent body for upholding standards in education is in a separate bracket.”
“In part, that comes from knowing that the qualifications of the technical and vocational strand in our country are just as rigorous and have the same integrity as the academic strand. By the way, independence is not totally a left/right issue. There are plenty of people on the right of politics who share the Minister’s desire not to have independent bodies. There is a general “anti the quangos” strand, and I have some sympathy for that. By the way, a debate is going on at the moment about removing the independence of the national health service and bringing it into the Department of Health and Social Care. That can be argued both ways. On the one hand, it will be harder for the NHS to do some things, particularly what they call reconfigurations, when they become subject to political pressure.”
“I suggest that the Bill presents two fundamental questions: first, about independence; and secondly, about who should set the expectations and standards in any given sector of work—should it be the employers in that sector or somebody else? We will come to that debate when we reach clauses 4 and 5. Ultimately, this is about whether we believe enough in the phrase “parity of esteem” to do the things necessary to achieve it. As I said in the House the other day, parity of esteem is not something one can just “assert”, and it cannot be legislated for. We cannot pass a law to give something greater esteem. Esteem is in the eye of the esteemer and it can only be earned.”
“They could also strengthen the powers of local skills improvement partnerships, working closely with devolved authorities and mayors, to ensure that what is delivered at a local level in individual colleges matches what the local economy needs. I would have probably chosen that architecture, but plenty of other variations are possible. To be clear, the Bill does not do any of those things. It simply abolishes the independent body that convenes employers to set the standards and then uphold them, and it hands those powers to the Secretary of State. It does nothing else—I say that, but it is not totally clear to me what it does to Ofqual, and we may debate that when we get to clause 8.”
“The manifesto said: “Skills England will formally work with the Migration Advisory Committee to make sure training in England accounts for the overall needs of the labour market”. It mentioned a commitment to “devolving adult skills funding to Combined Authorities…alongside a greater role in supporting people into work”, and Labour will “transform Further Education colleges into specialist Technical Excellence Colleges.” There are different ways that those aims could be achieved, and I would argue that there are better ways. The Government could, for example, keep IfATE as the standard-setting and upholding body, and create a new, small body, possibly inside the Treasury, to assess the needs of the economy and allocate funds accordingly.”
“To turn a great speech that includes those things into a truly outstanding speech in this Committee, they would have to explain why taking away the independence of the body overseeing the system that upholds the standards would make those entirely laudable and shared goals more likely to come about. I know of no reason to believe that it will, but I am keen to hear from anybody who has such an idea. In the Labour manifesto, there were some very laudable aims. It said that it wanted to empower “local communities to develop the skills people need” and to “put employers at the heart of our skills system.” Labour said that it would “establish Skills England to bring together business, training providers and unions with national and local government”, in order to deliver its industrial strategy.”
“I have no doubt that Government Members will take the opportunity to make speeches on this subject, and I am sure those will be rather good. Members may make what could be described as great speeches and what they say will be largely unarguable. I fancy that we may hear the word “mission” from them, perhaps even more than once. They will talk about the importance of skills in our economy, investing in the next generation, valuing every single person for what they can do and the value of joining-up across Government Departments. That will all be correct, but it will be largely beside the point.”
“No, I do not, but there is a definition of what an apprenticeship is. There are perfectly good reasons to have all manner of training courses, including entry-level ones, that do important things, but they are not apprenticeships. The shadow Minister talked about Germany. In our country, the minimum length of an apprenticeship is shorter than the typical length of one in Germany. The time off the job—the time in college—is shorter. As I say, we can add on other things, but we cannot stretch the definition of what an apprenticeship is indefinitely. I may come back to that later. On the face of it, this is a simple Bill—it has 13 pages and is on a simple subject—so it should be fairly easy for a Committee to dispatch in a couple of Thursdays.”
“If the specification is reduced, of course that will increase the numbers. To be fair, the Government are not waiting for Skills England. They have already been doing this, by bringing the minimum length down from 12 months to eight months. They have also announced what they are calling foundation apprenticeships, and I hope the Minister will be able to tell us exactly what those are—they sound a bit like traineeships, but let us hear it—and crucially, whether they will count towards the number of apprenticeships that are being undertaken in the country.”
“In the good, possibly great, speeches that we will hear from Government Members, one other thing they might say—in fact, they have already started to say it; they pre-empted me—is that apprenticeship starts have fallen since the peak, but that under this Government, they will rise. Well, of course they will rise. If we look at the time series over the last decade of apprenticeship starts, we are not comparing apples with apples; we are comparing apples with oranges, because we had major changes in what counts as an apprenticeship, with the move from frameworks to standards as well as the minimum duration and minimum time off the job. In discussing the overall numbers, we should also mention that the falls were in the intermediate level and that there were rises in the advanced level, and especially in higher-level apprenticeships.”
“Essentially, the rationale for why there is an independent Institute for Apprenticeships and Technical Education is the same one as why the Chancellor sets fiscal rules, or why Gordon Brown made the Bank of England independent: it is specifically for the Government to keep themselves within certain tram lines. We do this for academic qualifications. I have asked the Minister this question I think three times, and I will ask it again today: it would not be acceptable, would it, to say, “I’m going to put the pass mark, standards and specification for A-levels in the hands of a Government Minister”? If that is not acceptable for A-levels, how can it possibly be acceptable for T-levels? And we still say that we believe in parity of esteem.”
“I do. Funnily enough, my hon. Friend anticipates my next paragraph. Any Government rightly want more young people to pass their GCSEs, get good A-levels, or start and complete apprenticeships. The truth is that the quickest way to have more people getting any qualification is to make it a bit easier, and there is plenty of history of that, I am afraid. The entry requirements or length could be reduced, the pass mark could be made lower, or the credits that count towards the outcome could be changed. One of the reasons we have independent bodies setting standards is so that that temptation cannot be succumbed to, and crucially, everybody can see that it cannot, so they can have total faith in the standards being upheld.”
“I was trying to imagine whether, if we were having this debate in a committee room of the Bundestag, we would really be debating whether the remit of the group of persons should include considering the needs of both employer and employee; and whether leading employers from those sectors should be included in the design of the qualifications. I suggest not.”
“But the most rapidly changing occupations and sectors—things such as advanced electronics or artificial intelligence—are probably the last ones for which we would want to say, “Let’s take employers out of the equation and let Government make the changes.” Generally speaking, employers are much quicker at spotting the changes that are needed and pushing for them. Amendments 3 and 5, in the name of my hon. Friend the shadow Minister, specify that the group of persons should include “an organisation that is the representative body for a sector.” That seems a very sensible and almost unarguable proposition. Amendments 4 and 6, in my hon. Friend’s name, require the body to take account of the needs and interests of both employer and employee.”
“I am still a little nonplussed, because I do not know why we would not want employers to be involved in working out what even a change in regulation would mean for what somebody doing this qualification would learn and how they would go about it. Will the Minister tell us what reason there could be for not wanting employers to be involved in setting those standards? Does she perhaps have a mountain of evidence showing hold-ups in standards because all these regulatory changes have had to be reflected in standards for qualifications and it has been impossible to do so? As my hon. Friend the shadow Minister said, in the case of rapidly changing occupations, it might be necessary for the Secretary of State to sign off changes so that they can happen quickly.”
“They state that Ministers will publish something about the things that the Secretary of State takes into account in making a judgment about whether she, rather than the group of persons—employers—will set the standards. The suggestion from Ministers is that that would be interpreted in a very minimalist way. I am not doubting that, but at the moment it is only a suggestion, so we do not know. In other words, the Secretary of State would supplant businesses and employers only in the case of something minor—I say “minor”, but it may be an important thing—in its effect on the standard, such as a change in the regulation.”
“Clause 4 says that the Secretary of State may herself prepare standards, instead of a “group of persons”. It is worth dwelling on that. I am sure everybody knows this, but “group of persons” is a funny old phrase, because in this context it means employers. The clause says that the Secretary of State may insert herself into the process instead of that group of persons if she is “satisfied that it would be more appropriate”. The same is true for clause 5, on assessment plans. When the Bill was debated in the other place, Government amendments were made to try to calm concerns and answer some of the questions that were raised. Lords amendments 3 and 6—the Government amendments—appear here as clauses 4(5) and clause 5(5).”
“It is a fantastic way to see people coming through. Employers are investing in the next generation, but they are also getting to figure out which of the next generation they most want in their business. It is a way to instil so-called soft skills—there is nothing soft about soft skills—which are sometimes called employability skills. When employers talk about the education system and about people who are taking their first job, the thing they complain about most is the lack of such development, and all that can be helped during the industrial placement. The second distinguishing factor that people talk about is that they know that T-level standards have been designed by those that they want to go and work for. They have been designed by leading employers in the sector, and they have to be kept up to date.”
“It would be difficult to overstate the centrality of employer involvement in setting standards for technical and vocational qualifications. Earlier I mentioned Lord Sainsbury’s report and its finding that the then system of qualifications and courses had become “divorced” from the occupations that it was meant to serve. Several things are different about T-levels, compared with their predecessor qualifications. There is more time in college. There is English and maths and digital, alongside the core vocational discipline. When we talk to young people, however, they talk about two real differentiating, distinguishing factors that motivated them to do T-levels. The first is the industrial placement—nine weeks of actual work in an actual workplace—which also appeals very strongly to employers, because it is like a nine-week job interview.”
“Why not just do that now? How hard is it to figure out the list of criteria that might weigh on the Secretary of State’s mind? Why must we have a statement about a future statement? Why can the Government not say now what those criteria would be, before the Bill completes its passage through the House of Commons?”
“Even for highly regulated occupations and professions, there is still the question of how to transpose that into a set of standards for, say, an apprenticeship. The question then is: who is the person, or who are the people, best placed to work that out? I am not saying that it is not necessarily Ministers, but I have not heard anything slam-dunk convincing that it is Ministers, rather than the professional body.”
“It could be something like, “That each standard must be prepared by a group of persons and then approved by the Secretary of State, unless it is necessary to do otherwise for the efficient operation or continuity of those courses and those qualifications.””
“Unsurprisingly, my hon. Friend makes a very good point. More generally, in legislation one obviously tries to make language as tight as possible, but subtleties in language and meaning still matter in how it gets interpreted. The way the clause is drafted—that the “Secretary of State may prepare a standard if satisfied that it would be more appropriate”— does not sound like a tiny number of exceptional cases. It sounds like a judgment that could be made in every case: “Do I think it is more appropriate that I do it?”, or “Do I think it is more appropriate that we get somebody else to do it?” I just ask the Minister if the Government have considered using a different formulation in the wording.”
“I wonder if, buried in this difficult-to-penetrate text, there is something that the Committee really needs to understand, but which, right now, I do not.”
“Now that the Government are saying that Ofqual can do that—if the Secretary of State says it is okay—does that mean that Ofqual might stop doing that, or that its approach for T-levels will be used for some other qualifications? That would not necessarily be invalid, but it would be a move away from the vision of Lord Sainsbury, who wanted a streamlining and simplification, and a broader understanding of technical and vocational qualifications, so that there would be an apprenticeship route and there would be a college-based route. Of course, there will always be some particularly specialist qualifications or students with special needs, for example, but for the majority of cases, the college-based route—these 15 routes—would be the T-level.”
“The clause is about Ofqual and about why, and in what circumstances, it may accredit a technical qualification if the Secretary of State says that it is all right for it to do so. My hon. Friend the Member for Harborough, Oadby and Wigston said it seemed most likely that the Government have in mind T-levels, and asked whether they would just spit that out. That is one possibility. My worry is the opposite—actually, let us call it a question, not a worry, and make it a neutral term. Ofqual already has a role in regulating T-levels—I was just reading the Ofqual page about how it is regulating the technical qualification element of T-levels.”
“The probing arguments and challenges from us are the same as they were then. The Government say that third-party examination is not necessary in some sectors because, for example, in highly regulated occupations, the standard required is obvious—or, as the Minister said in the other place, because “an external review would be nugatory.” Is there not still some value in independent verification of that? And, if there is going to be verification, are not those in the sector the people best-placed to do it? Let me turn to clause 8. It is difficult, because in this place one does not want to reveal not knowing something, but I am nonplussed by this clause because, to be honest, I really do not know what is going on.”
“As suggested by some learners during the survey, a question needs to be asked: are these apprenticeships worthy of the name?” I mention that for two reasons. First, this was a question that came up. Secondly, it is very important not only that we pay close attention to this position at any one moment in time, but that we create a system that is self-regulating and that does not allow for standards to be eroded. Independence of the body setting the standards and independent third-party checking of the standards alongside leading employers, who will benefit from employing these people, is the surest way of doing that. Clause 7 and the question about independent third parties examining occupational standards or apprenticeship assessments is a repeat of a debate we had on one of the earlier clauses.”
“Helpfully, I have the precise words: “Inspectors found that in a third of the 45 providers visited, apprenticeships did not provide sufficient, high-quality training that stretched the apprentices and improved their capabilities. Inspectors observed, for example, apprentices in the food production, retail and care sectors who were simply completing their apprenticeship by having existing low-level skills, such as making coffee, serving sandwiches or cleaning floors, accredited. While these activities are no doubt important to the everyday running of the businesses, as apprenticeships they do not add enough long-term value to the individual companies or tackle skills shortages effectively. Some learners on low-level, low-quality programmes were unaware that they were even on an apprenticeship.”
“Clauses 7 and 8 are grouped, and I am sure there is a reason for that, but it strikes me that they are quite different, and I want to say a word about both. Clause 7 is about examination by independent third parties, which I think gives an opportunity to also talk about the overall principle of having independent evaluation of standards and making sure they are up to scratch. I am conscious that the hon. Member for Great Grimsby and Cleethorpes asked a question earlier, and we did not have the documentation to hand at the time, but I did not want to leave it hanging in the air. She asked specifically about whether the words that my hon. Friend the Member for Harborough, Oadby and Wigston, the shadow Minister, had used represented the exact phrase from the 2015 Ofsted report on the then apprenticeships regime.”