Neil O'Brien
MP for Harborough, Oadby and Wigston · Conservative · United Kingdom
“Following is the full text of the petition: [ The petition of residents of the constituency of Harborough, Oadby & Wigston, Declares that the petitioners oppose any proposal to extend the boundaries of Leicester City Council in a manner that would incorporate the communities of Great Glen, Wistow, Newton Harcourt and Little Stretton into…”
“In the Government’s own consultation about the expansion of Leicester, nine out of 10 people said that they were against it. Now, with millions of pounds of taxpayers’ money wasted so far, Ministers are having to do a complete reworking of this whole chaotic, undemocratic process, amid accusations of gerrymandering.”
“The petition states: “The petitioners therefore request that the House of Commons urges the Government to halt and reconsider any proposals for the expansion of Leicester City Council's boundaries, and to ensure that the views of local residents are fully considered before any changes are implemented, thereby protecting the character, ide…”
“The petitioners therefore request that the House of Commons urges the Government to halt and reconsider any proposals for the expansion of Leicester City Council's boundaries, and to ensure that the views of local residents are fully considered before any changes are implemented, thereby protecting the character, identity and independence…”
“In the Government’s own consultation on whether to expand Leicester, nine out of 10 people said no. Tens of thousands of people signed petitions against it, yet until Ministers hit this legal snag they tried to press on anyway.”
“Eleven thousand people in Oadby, Wigston and Great Glen recently voted in a referendum against joining the city of Leicester. Ministers know that people do not want this locally, and yet they are forcing it on them anyway.”
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“Therefore, if a Government do not want to create large rates of youth unemployment—and most systems around the OECD do not—they end up with different minimum wage rates for different ages. That system has been there since the start; it was there when Labour created these things, and it was still there when we turned it into the national living wage, so none of that is novel. I will say one thing about the Employment Rights Bill, since it has been brought up.”
“Just to reassure the lady, the numbers are correct. Although I do not encourage people to use mobile phones in Committee, Sir Christopher, the hon. Lady can google her way to the 2015 Ofsted report. She can read it for herself and be chilled, as I was, by its description of the pre-reform system and the low level of quality that was being provided in it. The hon. Lady tempts us off the topic to talk about wider issues. On those different rates, I would say that most systems around the world, including ours, have different rates of minimum wage by age. That is about making the so-called “bite” of the minimum wage similar for different ages. Different groups of people at different ages have different productivity levels and different typical rates of pay.”
“Sure. A shadow form exists at the moment, but that does not change the longer-term point that if we do not give it its own legislative basis and make it independent of the Department, all the criticisms and concerns about the dilution of the employer voice and so on still stand. I am not having a go at those who are setting up Skills England.”
“The criticisms being made by people in the industry and people with experience in education and skills are serious. I hope that the Government will listen to them, rather than simply overturning what they have done and ignoring them.”
“The DFE has some good NEDs, by the way, but that is not the same as having an independent institution. That is why Lord Blunkett and other Labour peers are warning that the Government are making a mistake. Those are their words, not ours. Lord Blunkett has a lot more experience of those things than me. All I would say to the Minister and to hon. Members on the Government Benches is, instead of overturning what peers have put into the Bill, this might be one of those times when it is more sensible to listen to people on their own side, people with some serious grey hairs and a lot of experience, people in their own party, who are advising them that they are making a mistake here. Instead of overturning what they have done, the Government should allow it to stand.”
“A fantastic person—all good. It is like having NEDs—non-executive directors—in a Department; it is good to have external people. As I noted, however, the CEO of the organisation is literally not a civil servant; it is a job-share civil servant. They are people who currently work in the Department doing post-16 skills, so I am not sure about idea that this is an independent body. Can the hon. Lady tell me where Skills England is based? Physically, where is it located? Perhaps the Minister will tell us. Is it in Sanctuary Buildings, by any chance? Sanctuary Buildings is none other than the headquarters of the DFE. Is this, in fact a desk in an open plan office that is part of the DFE? The Government can bring in good people. It is good to bring in good people.”
“I, too, pay tribute to the work of Lord Sainsbury. Those points, which were inserted into what were then called the Sainsbury routes, drew on the experience of the best technical systems in the world, particularly those in Germany and Switzerland. What characterises those systems is the unbelievable level of employer ownership and the incredible constancy of the organisations, which are external to Government, that run them. The Bundesinstitut für Berufsbildung has been around for, I think, 50 or 60 years. Are those not the characteristics of a good system—employer ownership and independence—and the things that Lord Sainsbury was talking about?”
“Does my right hon. Friend agree that the context in which this is happening matters? We are talking about getting rid of a prestigious and independent institution, and at the same time, T-levels will not do what Lord Sainsbury hoped they will do. They were supposed to replace the existing standards but, in fact, they will be just another thing in the alphabet soup. We are seeing apprenticeships being made shorter again, and we are going back towards shelf-stacking types of apprenticeships. The mood music is already pretty ominous, and that is against the backdrop of Ministers getting more power by taking this back into the Department and abolishing independence. Does my right hon. Friend agree that that is an issue?”
“The Minister says she does not want to set a limit, but there was a commitment from the Secretary of State that employers would be able to spend up to 50% of their funds on non-apprenticeships. That was a Labour commitment. If I understand her, it will no longer be up to 50%; it will be some other number. Or is she saying that it will be up to 100%? Which of those things is she saying?”
“Now we have another position—a fifth—on the spending of this money: “No, that is not the number any more.” Employers will be jaw-to-the-floor agog at what is going on in the DFE. What is the policy? This is billions of pounds of employers’ money, in a difficult economic situation, being spent imminently, and yet the DFE cannot say—the Minister literally would not take a further question on it—what the policy is. What an extraordinary situation. What a shameful situation. Unbelievable. We have been saying that, down the line, there might be some things to worry about in this transfer of power away from an employer-led and independent system towards the tender mercies of the DFE, but employers have got something to worry about right now. The Government do not seem to know what their own policies are.”
“We have mysteries wrapped in mysteries here. As well as the lack of clarity about the future caused by the Bill, even in this debate on one group of clauses, we have had an extraordinary statement by the Minister. Businesses would like to know how, in just a few months’ time—next year—they will be able to spend a couple of billion pounds of their own money. This is employers’ money. Labour have oscillated between, “We will let 50% of this go on other things”, “No, we will not” and, since being in government, “We are reviewing this. This is not our policy any more.” On the Floor of the House, the Secretary of State has been saying, “No, it is absolutely our policy—50%. That is the number.” That is what she has told the House.”
“I am not asking for a target; that is a complete mischaracterisation. I am asking for clarity on the Government’s own policy. The Government said that that they would allow employers to take up to 50% of the money and spend it on things that were not apprenticeships. Either that is still the policy or it is no longer the policy. Which of those two things is the truth?”
“I beg to move amendment 3, in clause 4, page 2, line 6, at end insert— “(3B) A group of persons under subsection (3) must include a representative from an organisation that is the representative body for a sector.””
“It is our way of encouraging the Government to be much clearer than they have been, in the framework document or anywhere else, about how they will maintain IfATE’s focus on involving employers in drawing such things up; that was really its purpose. Our concern is to ensure that politicians who have some foible of their own—some idea or bee in their bonnet—do not impose what they want without listening to industry. That might not be current Ministers; it might be future Ministers. That is why we tabled these amendments. Perhaps the Minister will reassure us on that point, and perhaps she will even accept the amendments.”
“The section on the responsibilities of the chief executive focuses just on their role as the accounting officer, in relation to the board and in relation to their responsibilities to the Department for Education. There is no mention of employers. There is no explicit reference in the section on the purposes of the new agency; there is just the reference that I have mentioned. If I were an employer, I might be concerned by that. We have this strange proposal that the Secretary of State will just be allowed to write everything herself, whenever she believes that it is advantageous to do so. With our amendments, we are not trying to stop that, although we are very sceptical about it. We are just trying to specify the sorts of people who will be involved.”
“That is why you have to make it clear in legislation that, as Skills England goes forward and as, particularly in this context, its apprenticeship functions go forward, it has to involve everybody, even though it takes longer”. —[ Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC104.] All of this matters because the framework document, which has now been published and which I have here, is at best vague and at worst silent on the involvement of employers. There are some vague statements in the section on aims. It says that employers will be engaged in the preparation of standards and so on, but it does not say how. The rest of the document does not refer to this.”
“Having seen Governments and civil servants struggling with the implications of new technologies, it might be an example of where there is more cause to work with others who know the industry well rather than go it alone. I am not sure that that is the example that I would pick to show why this is a good idea. The Cross-Bench peer Baroness Wolf noted: “I was staggered when I was working as an expert adviser in government to discover, for example, that most people in the apprenticeship division in the DfE had been in their jobs for only a couple of years. There were some wonderful people, but there was no real collective memory of why things had gone wrong before.”
“Yet, under the Bill, that is exactly what we will be able to do on the technical side. As my right hon. Friend the Member for East Hampshire pointed out earlier, this is another difference in parity of esteem between the technical and academic sides. The Secretary of State will be able to be judge, jury and executioner in this legislation. When asked for an example of when the Secretary of State’s power to go it alone and write things herself will be used, the skills Minister told peers that it could be used to “update standards for emerging or rapidly developing occupations, such as those in the digital sector.” —[ Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC108.] Personally, I do not find that very reassuring.”
“It is not at all obvious to me why they would be any problem, but the Minister in the Lords seemed resistant to these ideas, arguing that this would be a “constraint in the system” that would slow down “groups coming together”. It is not at all obvious to me why it would slow things down. The power to make standards and assessment plans alone is not something that we would ever accept for academic qualifications. The Secretary of State would not be allowed to write the national curriculum for, let us say, GCSE Geography and then take on the role of the examining boards—OCR, Cambridge Assessment or whatever—and turn it into a specification. We would not accept it if she took on the role of Ofqual and was in charge of marking her own homework and deciding whether the standards were comparable to similar things.”
“Amendment 3 states: “A group of persons under subsection (3) must include a representative from an organisation that is the representative body for a sector.” Amendment 4 says: “When approving a standard under subsection (3), the Secretary of State must have regard to the reasonable requirements of— (a) industry, commerce, finance, professions and other employers regarding education and training, and (b) persons who may wish to undertake education and training.” I will not read out amendments 5 and 6 because they just repeat the same things in relation to clause 5. One would think that the amendments are pretty uncontentious, and I hope that the Government will be able to accept them.”
“The concept of engaging with employers and other stakeholders in relationship to development of apprenticeship standards and technical qualifications is well founded and valuable.” One of the central pillars of IfATE was its focus on employer and business needs to create and maintain suitable qualifications to equip people for the world of work. As such, we recognise the importance of keeping that focus to ensure that businesses can still trust the qualifications, so that they continue to invest in the future generation of employees. The Bill, however, gives very wide-ranging powers to the Secretary of State without maintaining those clear external links and the accountability that they help to provide. That is potentially damaging to the status of these qualifications.”
“Clauses 4 and 5, to which our amendments apply, allow the Secretary of State to prepare, respectively, either a standard or an apprenticeship assessment plan on her own. She can do that as long as she is satisfied that it would be more appropriate for the standard to be prepared by the Secretary of State rather than a group of persons. The Government say that a group of persons will normally be consulted, but the Bill does not specify who will be consulted when it refers to “a group of persons”. That lack of detail is concerning, and our amendments seek to rectify it. In its written evidence to the Committee, the Royal Society of Chemistry said that it feels that “some of the mechanisms put in place by IfATE should be retained.”
“The Minister is worried about undue delays, but what is the timeframe for an undue delay? Is she worried that something will be held up by a week or a month?”
“There are other examples, including the tech sector, where we hear the comment, “We want to be able to do things really quickly.” I can see the attraction politically of a dynamic young Minister wanting to come up with some new whizzy thing. That is exactly where problems come in. We also heard the example about the nuclear industry, where it was said, “The industry is not able to participate in drawing up the standards for itself. Therefore, we will just crack on with it without them.” What a curious argument, and it is not a reassuring one, particularly for something as serious as the nuclear industry. I am keen to press our amendment 4 to a vote. I hope that Ministers will reflect further on the whole run of what the Government have been doing on apprenticeships.”
“I can hear that there is a case for some of the Minister’s arguments. Where there are only minor or technical changes, I understand the point about not needing a group of people. However, I have not heard anywhere in the Minister’s comments, or in the other place, any sense that there would be some great delay or problem introduced by talking to people in industry. That shred of evidence has never been produced during this process. But it is clear that the Minister’s intent is not just that. This will be not just be about situations where there are minor or technical changes or a very clear third party body, as in the dentistry example.”
“I want to encourage Ministers to think more carefully about how—perhaps in the framework or elsewhere—they might, in response to the Lords amendment, more tightly define the circumstances in which they will, and more importantly will not, use the ability to go it alone. There is definitely a risk of politics getting in the way of good process and of mistakes being made that we will live to regret.”
“That is exactly the point I was making. In some instances, the Government can say, “Look, there is already this formal official third party”—perhaps a royal society or some part of the medical profession—“so we do not need this.” I can see why the Government would write that into legislation, but Ministers’ intent clearly goes beyond minor amendments and beyond instances where there is that other group, to instances where they will proceed without drawing up a group of people, in the interests of time or because it is a new and dynamic field. It is precisely because the Government have not defined the circumstances up front that I am keen to put our amendment 4 to a vote.”
“Sometimes professional bodies overlap, even in the medical profession. When I was a Health Minister, I was acutely aware of that. For example, there are two different ways to become a dentist in this country—there are two different professional bodies that can accredit someone. Were there to be a dispute between them, it might well be sensible to convene a group of persons. I am sympathetic to at least the argument that where we have a big professional body, that is less of a problem, but the problem is that this is not limited to just those instances.”
“Amendment proposed : 4, in clause 4, page 2, line 6, at end insert— “(3B) When approving a standard under subsection (3), the Secretary of State must have regard to the reasonable requirements of— (a) industry, commerce, finance, professions and other employers regarding education and training, and (b) persons who may wish to undertake education and training.”— (Neil O ’ Brien.) Question put, That the amendment be made.”
“It is a very strange argument to make for the open-ended nature of the clause as drafted. We have all made our point. The Minister understands the argument we are making. The Government clearly want the power to be more expansive than we think is sensible. I am keen to press amendment 4 to a vote for that reason, and we will have to agree to disagree. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.”
“This clause could be drafted very differently. It could say that where there are only minor or technical amendments to be made, or where we have a clear judgment from a single professional body about what is needed, the Secretary of State can prepare a standard. But that is not what it says—it just says that they can prepare the standard “if satisfied that it would be more appropriate”. There is no constraint on this other than the Secretary of State’s judgment—not even any lists of instances or types of things that it would apply to. The Minister has just given us another good example of that: she says that the Secretary of State might want to create a standard when there is a new industry. Why on earth would they not want to speak to some people in an emerging sector, be it technology or anything else?”
“By removing a statutory requirement for independent review, we risk reducing the rigour that that brings, as learned bodies such as the Royal Society of Chemistry have pointed out. I just do not understand what problem Ministers are trying to solve by getting rid of a simple and basic requirement to review things regularly.”
“I do not understand why the clause is necessary. I understand that in some areas, the review might be very light touch—there might be a review and the decision is not to do anything. On Second Reading, the Minister committed to publishing information about the intervals for review. What will they be? What is the plan? If we are getting rid of the requirement for regular reviews, how often will they be? What is the process of review going to look like? Independent reviews can provide very valuable feedback to policymakers and training providers, which may not necessarily be obvious to Ministers who do not follow the ins and outs of an industry every single day. Clause 6 risks eroding the quality of and confidence in technical education qualifications.”
“Are the Government not placing an undue burden on those who are directly involved in the design and delivery of standards to act as their own assessors? That lack of external scrutiny could lead to a decline of trust among stakeholders, both learner and employer. I do not understand, from what the Minister has said, why the Government think that this level of scrutiny is too much. The requirement is to update things “at regular intervals”—it does not say “every two weeks” or “every six months”. It says regularly. This is not a wild bureaucratic requirement to keep things up to date. I do not understand why this is a thing that must be zapped. As far as I can see, the only golden thread running through DFE legislation at the moment is a sort of maximisation of the power of officials and the minimisation of any constraints on them.”
“Not reviewing the necessary skills that apprentices need to carry out roles will be detrimental to the workforce and certainly narrow the opportunities for those apprentices in the long term.” We also have concerns about the clause, which deletes the requirement that things are updated “at regular intervals”. It is not the most arduous requirement of all time on Government, but regular reviews are not just a bureaucratic exercise. They guard against complacency and stagnation, and ensure that technical qualification standards stay fit for purpose. Without that, there is a risk that they become less and less relevant to the needs of employers and learners. This also sets up a slightly strange conflict.”
“This is one of the strangest bits of the Bill. It is pretty baffling why the Government do not want to regularly review the approval of technical educational qualifications. Without rigorous independent oversight, there is obviously a risk that standards for technical qualifications could be lowered or might not stay as relevant as possible. In its written evidence, the Royal Society of Chemistry stated: “We have concerns about the removal of structured reviews of standards. The very nature of sectors such as science mean the skills required evolve quickly.”
“The Minister says that this is an excessively onerous requirement. Could she give us some sense of the volume of work required as a result of this section in the 2009 Act? What does “onerous” mean? How many are having to devote how many man hours to doing what? How many people are employed purely to do what? What is the evidence that this is “onerous”?”
“The Government’s argument is that the requirement to review—they do not have to rewrite, just review—qualifications every three years is excessive. I wonder whether that is really excessive in the eyes of most of the users and employers involved in these schemes. Elsewhere we have seen bureaucratic collapse, with the Office for Students halting the accreditation of new higher education institutions. That is not a good thing. It is a problem that needs to be fixed, rather than an excuse to get rid of that requirement. It is the same with clause 6. The Government are making a mistake on this, but we will not vote against it. Question put and agreed to. Clause 6 accordingly ordered to stand part of the Bill. Clause 7 Examinations by independent third parties Question proposed , That the clause stand part of the Bill.”
“It seems to me, although they do not say this, that the qualification that Ministers have in mind is probably T-levels, and I do not know quite why they are not spitting that out. Peers did not, I am afraid, get to the bottom of this question, but I hope we can today. What type of qualifications are Ministers really thinking of using for this? Why we would suddenly need this now, once we move from IfATE to Skills England, in a way that we did not before? Will we not end up creating two tiers of technical qualifications, where some are Ofqual-approved and others are not? Will there not be a perverse consequence from that?”
“At present, we have a guarantee of quality through a legally independent institute with a very high level of employer ownership. If we are worried that, under this new system, users will require additional reassurance, that begs the question of why we are making this change. More practically, if some, but not all, technical qualifications will be accredited by Ofqual, and so will have that status, what impact will that have on perceptions of all the others that do not have that status? The Skills Minister in the Lords talked about this provision being needed to show that high-quality technical education qualifications are equivalent to academic ones. There will now be this third category of technical qualifications, which are the really good ones that are Ofqual-accredited, so what are the other ones?”
“In the other place, the Minister gave the example that: “the Secretary of State may deem it appropriate to ask Ofqual to consider whether imposing an accreditation requirement on the qualifications in question could help maintain their quality and signal to the wider system that they are broadly commensurate with other accredited qualifications in terms of rigour. For example, the Secretary of State could use this power in instances where it is important to ensure that students who opt into and successfully complete high-quality technical education qualifications are in no way disadvantaged as compared to their peers who pursue academic qualifications.” —[ Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC122.] That raises a number of questions.”
“I will now turn to clause 8, which was the subject of great confusion and endless inquiry in the other place, with lots of very knowledgeable and learned peers trying to understand what the Government’s intent was, what would be going on, and what the point of it was. I have read it all several times and I am not sure we really ever got to the bottom of it. Perhaps the Minister will help us to get the bottom of some questions about it today. Clause 8 amends the 2009 Act to specify that, when the Secretary of State deems it appropriate, Ofqual would have the discretion to exercise its accreditation power for technical education qualifications.”
“The policy document explains that the clause would mean that the position on third-party examinations would change from being obligatory to being optional, so clause 7 would make it possible for no third-party examination of a standard or an apprenticeship assessment plan to be undertaken at all. Once again, it is DFE maximalism and a move away from a super-rigorous, employer-led system. We want the technical education system to be like the Deutschmark rather than the Weimar currency, right? We want it to be like the gold coin that can be bitten down on. We want everyone to know that it is really good. All those things that might seem inconsequential or annoying to DFE officials are there for a reason. That is why there is independent assessment, and once again, it is being got rid of.”
“It would be a problem for that hypothetical future Government to have those independent examinations that clause 7 is getting rid of, because independent third parties would object to the debasement of standards. I will not labour the point. Clause 7 would amend the Apprenticeships, Skills, Children and Learning Act 2009 to remove the requirement for independent third parties to examine occupational standards or apprenticeship assessment plans before approval. Once again, the Secretary of State—there she goes again—would have the power to make such an arrangement.”
“I want hon. Members to imagine a hypothetical scenario in which there is a future Government unrelated to this one. Let us say that that hypothetical future Government have passed a Budget that is a bit of a turkey, and it has not done good things to the economy. That hypothetical Government are taking a bit of money out of apprenticeships to spend it on other things, which is giving that Government a bit of a problem. That hypothetical future Government might—because unlike the current one, they do not have good intentions—be tempted to try to prop up apprenticeship numbers, and numbers relating to other technical qualifications, by debasing standards.”
“If the Minister has any examples of the requirement causing big delays and being so awful that she has to be nimble, swashbuckling and able to bang all these things through, I would love to hear them. So far, we have heard no such examples, either in the other place or here. For that reason, I am keen to vote against clause 7 stand part.”
“So far in the debate on clause 7, we have not heard any examples of the requirement for an independent assessment causing a long delay. I thought the Minister would give us an example of the introduction of such and such a qualification being delayed for a year because of the requirement to get an independent view on it, or qualification x being introduced 18 months later than it should have been because of the requirement for an independent examination of whether it was legit. If she has examples of any such problems, I am happy to take an intervention from her. The requirement for independent bodies is quite a big safeguard to remove. We have the same safeguard with double belt and braces on the academic side, but for some reason it is not needed on the technical side. I do not know why, but as ever, it is not going to go to the ball.”
“Communist China would set a target to produce more nails, and billions of tiny, useless nails would be produced. Then a target would be set to produce a greater weight of nails, and people would produce a few massive nails, which would also be useless. Targetology is always dangerous; if we do not have the right institutions and the right independence, the short-termism of politicians can become a dangerous thing.”
“That is exactly the same point as was made by the Institute of Chartered Accountants: if we do not invest in people here, the work leaves, or we have to bring people in from elsewhere. We think it is a big mistake to cull level 7 apprenticeships to fill a gap that the Government are creating through their own policies. Not only are those apprenticeships vital across the public sector, but they are a vital way into the professions for people who will otherwise struggle to enter. They are the capstone of the drive to make apprenticeships truly prestigious and to make them ladders that people can use to get all the way to the top. To be self-critical for a moment, for some time we had a target of 300,000 apprenticeships, and I could see in Government how that created pressure to debase standards to hit a number. That happens all the time.”
“Similarly, Attwells Solicitors says: “Reducing funding to level 7 apprentices runs the risk of removing opportunities into professions where a qualification equivalent to a master’s is mandatory”. The firm adds: “Reducing funding for level 7 apprentices will likely impact diversity and social mobility in professional careers such as Law…Apprenticeships help break down barriers into not only Law but all career paths which could be inaccessible to young people without them”. Indeed, many of the areas where we currently have level 7 apprentices are things we are short of nationally. That is why the Campaign for Learning has called for a skills immigration worker test before defunding level 7 apprenticeships, so that we do not simply go from investing in British workers to importing workers from other countries to fill the hole.”