Janet Daby
MP for Lewisham East · Labour · United Kingdom
“A constituent’s 11-year-old autistic daughter attempted suicide last year, and she continues to experience severe anxiety and autistic burnout. The family still have no clarity about her education provision for this new term.”
“Surprisingly, I will not try to persuade hon. Members how to vote today, because I think they know by now how they will vote and why. However, I feel I need to share my thoughts and views with my constituents, and to set out why I am voting the way I am. I say this because there is a significant change from how I voted previously.”
“Alongside that are the additional pressures on the broader health service and the legal sector resulting from this Bill; they reinforce my decision to vote against it. I implore the Government to invest in hospices and palliative care across the country, to make them the best they can be for all postcodes.”
“When I previously voted for assisted dying, the way I voted on the amendments to the Bill varied, as I was trying to navigate my way through this issue while ensuring that I was considered in my approach, but the question of inequality was always on my mind, and how this would impact poorer communities, isolated individuals, people with m…”
“The impact assessment states that as a result of those pressures, ethnic minority people could disproportionately choose “to have an assisted death to avoid financial hardship or escape abuse.” This relates to broader concerns regarding the availability and quality of social and palliative care, particularly for already disadvantaged comm…”
“As chair of the APPG on sickle cell and thalassaemia, I am constantly reminded of the health inequalities and suffering that people with this disorder continue to experience. They are constantly undermined and ignored, and their disorder is grossly lacking in research funding.”
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“It will ensure the functional continuity of property, rights and liabilities, including the many contracts that are critical to the operation of the skills system. The transfer scheme that the clause makes possible will mitigate the risk of delay and a lack of service continuity, which is essential for a smooth transfer from IfATE to the Secretary of State and the subsequent creation of Skills England. Without this clause, the co-ordination of the transfer of IfATE’s property, rights and liabilities to the Secretary of State would be less straightforward and more burdensome.”
“It will also work with the Migration Advisory Committee to ensure that growing the domestic skills pipeline reduces our reliance on overseas workers. To summarise, clause 1 will enable Skills England to take on and deliver the functions currently held by IfATE, where appropriate, alongside other functions. That will address the fragmentation that is holding the skills system back and restricting improved workforce development and productivity gains. Without this clause, it would not be possible to transfer functions from IfATE to the Secretary of State so that they can be exercised broadly by Skills England in the service of employers, learners and others. Clause 2 introduces schedule 2, which makes provision for the transfer of IfATE’s property, rights and liabilities to the Secretary of State.”
“Skills England will provide an authoritative assessment of skills needed in the economy, and use those data and insights to develop and maintain a comprehensive suite of technical qualifications and apprenticeships, as a result of some of the functions transferred by the Bill. It will then work with key stakeholders to ensure that the identified needs for available training are reflected in regions across the country. That will ensure that the system becomes more responsive and better able to quickly and efficiently supply the skills most needed by the economy. Skills England will work closely with the Industrial Strategy Council, so that we have the skilled workforce needed to deliver a clear, long-term plan for the future economy.”
“We intend to establish Skills England as an executive agency of the Department for Education. Despite IfATE’s success in embedding employees in the processes for designing technical qualifications and apprenticeships, the wider skills system remains too fragmented and complex. It is insufficiently responsive to the present and future skill needs of the economy, and we have major skill gaps. Employers report that more than one third of UK vacancies in 2022 were due to skills shortages. To address this, and unlock the potential for skills that drive growth and widen opportunity, we will create a new and more ambitious organisation: Skills England. Clause 1 will enable Skills England to take on and deliver functions currently delivered by IfATE, giving it some of the key tools it needs to tackle these challenges as part of its wider remit.”
“I will begin again, Sir Christopher. I rise to speak to clauses 1 to 3. Clause 1 introduces schedule 1, which transfers statutory functions from the Institute for Apprenticeships and Technical Education to the Secretary of State and makes minor and consequential amendments. It is our intention that functions currently delivered by IfATE will largely be exercised by Skills England on behalf of the Secretary of State. The functions are in chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009, and include the duty to map occupational groups, and the duty to approve and publish standards and apprenticeship assessment plans. Under the terms of the 2009 Act, the Secretary of State will also have the power to delegate functions to other persons.”
“By bringing together those different functions in a single organisation, we can make a more responsive skills system that acts fast on the evidence to address skills gaps, uninterrupted by organisational boundaries, administrative hurdles and imperfect data flows. That would not be possible if the key functions were split across Skills England and IfATE. Clauses 1 to 3 are essential to achieving that transformation, so I commend them to the Committee.”
“It sounds as though that college is doing excellent work. The Bill is part of the process of delivering Skills England. It is our intention, following the Bill’s Royal Assent, to make commencement regulations promptly to bring into force the provisions that transfer IfATE’s functions, as well as the powers to transfer its assets and liabilities to the Secretary of State and to deliver those services through Skills England. Skills England will be very different from IfATE, as I have mentioned. It will bring IfATE’s functions together with others that are not currently in statute to identify skills needs and to work with regional partners to ensure that they are being met.”
“With regard to whether employers can spend up to 50% of levy funds on non-apprenticeship training, I do not want to put a target or limit on flexibility. It will be led by what employers need and driven by Skills England analysis. We have already introduced flexibility through new foundation and shorter apprenticeships, and we will continue to work with employers to understand where future flexibility will be most helpful.”
“Although many Members of the other place support the aims of Skills England, it is disappointing that peers voted for an amendment that would delay its full establishment. The Government are clear that employers need a fully formed Skills England now; they cannot wait. That is why we have tabled amendment 1 to overturn that amendment made in the other place. Gaps in our economy are holding back growth and opportunity. We need the Bill to give Skills England the key tools that it needs to tackle them now, and not in 12 months’ time. Skills England has been operating in shadow form since July. Due to extensive transition planning over several months, it is ready to move fast to deliver the functions made possible by the Bill. Delay simply is not an option.”
“I thank those organisations for contributing to this important debate. I completely agree with the Institute of the Motor Industry’s view that Skills England must maintain an “employer-led ethos” with “strong industry collaboration”. That is why Skills England is already working, and will continue to work, closely with industry, while also building a clear picture of the challenges facing employers, including regional skills gaps, in order to support growth in our skills sector. It is pleasing to hear the Association of Colleges, which represents more than 98% of further education colleges, express strong support for plans to establish Skills England and recognise the critical role that Skills England will play in the Government’s broader post-16 education and skills agenda.”
“The Government are committed to delivering skills for the sector, as I have already pointed out, and we are listening to the needs of employers. This can be seen in our reform, growth and skills offer. Skills England will build on the work of IfATE and employers will continue to play a critical role in the design and delivery of apprenticeships and technical education. Indeed, that is already happening. The changes being brought about through the Bill have been designed in response to employer feedback and will simply mean that employers are not overburdened by repetitive and drawn-out processes, which we know can lead to disengagement. I welcome the written submissions from the Institute of the Motor Industry, the Association of Colleges, JTL Training and the Royal Society of Chemistry.”
“By bringing together those different functions into a single organisation, we will really be able to accelerate change. That will help the skills system to be more responsive to emerging skills needs. We need a flexible system that acts fast on the best available evidence to address the skills gaps that threaten to hold back our country. I am sure none of us wants to do that. IfATE has worked with employers to design over 700 occupational standards. Skills England will build on that important work and retain a strong role for employers. But the skills system in England has matured since IfATE was created in 2017, and the scale and urgency of the skills challenge that we face means we need a new approach.”
“Skills England’s being run by CEOs at civil service director level is consistent with the approach taken by IfATE and other Executive agencies of the Department for Education. It is really important that I make those points so that there is a clear understanding of what is happening. We considered, but ultimately decided against, expanding or otherwise retaining IfATE. We want to set Skills England up to build on IfATE’s work with employers, and to shape technical education and apprenticeships, but it will be very different from IfATE. It will have a much broader remit and will be more ambitious. It will bring IfATE’s functions together with others that are not currently in statute. We need to go further and do more to identify skills needs and work with regional partners to ensure they are being met.”
“Skills England is operating in shadow form and is working extremely closely with IfATE, which also currently has a base in Sanctuary Buildings—the Department for Education. Following a vigorous recruitment process, in line with civil service guidance, we have appointed Skills England’s chief executive officers. Tessa Griffiths and Sarah Maclean have been appointed co-CEOs. They are senior leaders with long-standing experience in the public sector. Tessa and Sarah have been leading Skills England while it has been in shadow form, since last summer. They have driven the rapid progress that has seen Skills England start to deliver its important work ahead of the passing of this Bill. We do not believe in delay; we want to get on with establishing Skills England as an arm’s length body.”
“An Executive agency is a widely used model of arm’s length body. It has a clearly defined status and must be established and governed in line with official Cabinet Office guidance. Executive agencies are appropriate for the delivery of specialised functions separate from a primarily policy-focused Department, but within a policy and resources framework set by the Department, and for delivery of services to other parts of central Government using specialist skills. The Executive agency model will give Skills England the independence to focus on the delivery of its functions at arm’s length from the Department for Education, while ensuring sufficient proximity to the Department that Skills England can quickly and efficiently inform decisions on skills policy and delivery.”
“There have been previous arm’s length bodies with functions partially linked to those intended for Skills England, but none provides a direct comparison, given Skills England’s distinct remit. Establishing Skills England is a manifesto commitment, and will support the delivery of the Government’s missions. As an Executive agency, Skills England will be subject to clear requirements on governance, transparency and accountability, and Ministers will be accountable to Parliament. The Government have put in the Bill a duty for the Secretary of State to publish information about matters they will take into account in deciding whether to prepare a standard or apprenticeship assessment plan without a group of persons. This new power will therefore be subject to the same level of transparency as existing powers being transferred from IfATE.”
“Hon. Members have given me much to think about and feed back. I remind Opposition Members that one in eight young people are not in education, employment or training, a third of vacancies in our country are due to a lack of skills, and many people are in jobs for which they are underqualified. Young people need to know that when they undertake skills training, there will be a guaranteed job at the end of the process. We are committed to ensuring growth in this country. We want to get young people into work to ensure that they succeed and progress in life. We absolutely know that what we are trying to achieve with Skills England is the right thing to do. I will attempt to respond to the various points that hon. Members have made.”
“What I am saying is that we have already introduced flexibility and we will continue to work with employers to understand where future flexibility will be most helpful. That will be worked through with Skills England. I am happy to get the hon. Member some further information.”
“We are not centralising regulation of technical qualifications akin to IfATE. Skills England will operate independently of the Department for Education and will continue to work with IfATE to develop occupational standards. Skills England will have a new and transformative role in the skills system and will work closely with, but not duplicate, the role of the Department or regulators such as Ofqual or the Office for Students.”
“We have been listening to businesses and employers, and they are absolutely telling us that they want greater flexibility in our apprenticeship systems and in how employers can spend their levy funds. We are reforming apprenticeships to deliver greater flexibility for learners and employers, including through shorter and foundation apprenticeships. I have attempted to answer the shadow Minister’s questions, but he is not satisfied. I have also offered to ensure that we get some more information. I want to make one more point: we are not putting a target or limit on flexibility; this will be led by what employers need.”
“Only when the Secretary of State is satisfied that it is more appropriate for them to prepare a standard or assessment plan than for a group of persons to prepare it will the Secretary of State do so. To ensure transparency, the Secretary of State will publish information about matters that they will take into account when making the decision to prepare a standard or assessment plan without a group of persons.”
“Through this Bill, we are making a small number of targeted improvements that enable flexibility and support employers to engage in the design of standards in an appropriate way, by focusing their time and effort where it is most needed. Clause 4 amends a requirement for occupational standards to be prepared by a group of persons, by making it subject to a power for the Secretary of State to create and update standards in circumstances where it is appropriate to do so. Clause 5 does the same in regard to the preparation of apprenticeship assessment plans. I can assure hon. Members that the default position will remain that in the majority of cases, groups of persons will prepare standards and apprenticeship assessment plans.”
“As I progress, I am sure the right hon. Gentleman will understand more about why we have chosen this direction of travel. My understanding is that this is a response to an amendment from the Lords, and the Secretary of State is being as transparent and open as possible during the process. As I continue to speak, the right hon. Gentleman will understand why—”
“Indeed. I will endeavour to explain why a statement now is not the most appropriate thing. It is likely to be appropriate for the Secretary of State to use the power to prepare a standard or assessment plan in scenarios where using a group would be disproportionately onerous; where it would be unnecessary, because only simple corrections were required; or where it could create undue delays. That might include creating or updating standards to align with industry-recognised qualifications or statutory requirements.”
“One reason why we have this Bill is because we recognise that the skillset is changing very quickly, and we in England need to keep up with that. Therefore, we must ensure that there is no delay so that people have the skills to get into the jobs that are required. We have a skill shortage and we need to respond, and the Bill enables us to do that. We want to avoid delays so that the standards can be set and things can be done in a manner that enables people to undertake the training they need.”
“In fact, the public law duty is broader than the factors listed in the amendments, and it includes consideration of value for money and quality. I assure Members that the consultative approach taken by IfATE to developing standards will not change as a result of the Bill transferring functions to the Secretary of State. New standards and those that have undergone material revisions will continue to be published online for comment from any interested parties before approval, and existing duties to publish information about matters that will be considered when approving groups and standards will transfer from IfATE to the Secretary of State unamended. Amendments 4 and 6 are therefore duplicative of existing duties on the Secretary of State, which will be fulfilled by Skills England. For those reasons, I ask the hon.”
“Amendments 4 and 6 would create a statutory duty on the Secretary of State to have due regard to the reasonable requirements of industry and those who may wish to undertake training when considering whether to approve a standard or assessment plan, where it has been developed by a group of persons. The Secretary of State is already subject to a general public law duty, which requires them to take into account all the relevant considerations before taking decisions relating to the functions for which they are responsible. There is therefore already a requirement that, when executing the functions described in the Bill, the Secretary of State considers and balances the needs of different users of the system, such as those outlined in the amendments.”
“Different expert voices have a role to play in different circumstances. IfATE is under an existing duty to publish information about matters that it will consider when deciding whether to approve groups of persons responsible for preparing a standard or an assessment plan. That, in effect, shapes how a group is convened and which types of organisations most commonly participate. This ensures that groups are inclusive and independent, and the existing duty is being transferred to the Secretary of State unchanged. Flexibility is essential to ensure that a group of persons always reflects the particular circumstances that require it to be formed.”
“Amendments 3 and 5 would prescribe in legislation a particular type of person to be included in a group of persons to prepare a standard or an assessment plan. These matters were raised several times in the other place. Our position remains clear: specifying criteria in primary legislation would introduce new and unnecessary constraints on the structure of groups, prioritising the expertise of certain types of organisation above others. It would make the process for forming groups slower and more onerous, reducing the speed with which important skills gaps are plugged. Delays are not in anyone’s interest, not least learners or employers. The existing legislation does not include criteria on how a group is formed to prepare a standard or an assessment plan, or who specifically should form part of a group.”
“That means that competence is tightly defined and does not need to be separately considered by a group of persons approved by IfATE. However, the current legislation means that a group of persons must be in place to prepare the standard, despite that being unnecessary and duplicative. With regard to assessment plans, the nuclear industry provides an example of where there is strong support for apprenticeships but limited capacity to engage in the development of multiple training products simultaneously. As I have outlined, clauses 4 and 5 make crucial changes to bring flexibility to support employers and other experts to engage in the design of apprenticeships and technical education in a proportionate way, by focusing their time and effort where it is most needed. I therefore ask the Committee to support these clauses.”
“If the shadow Minister will bear with me, I will present an example scenario, from which I hope he will recognise that there could be delays in some niche situations. Scenarios in which it is likely to be appropriate for the Secretary of State to use the power to prepare a standard or assessment plan are those where using the group would be disproportionately onerous; where it would be unnecessary, because only simple corrections were required; or where it could create undue delays, as I have said. That might include creating or updating standards to align with industry-recognised qualifications or statutory requirements. For example, the dental hygienist occupation is regulated by the General Dental Council.”
“It might be helpful for the hon. Member to know that where an occupation is regulated, the requirements for assessing competence are tightly defined and cannot be deviated from. For example, for the paramedic apprenticeship, where the occupation is regulated by the Health and Care Professions Council, it is not necessary for a group in such circumstances to prepare a standard, and the process for producing an assessment plan would therefore be significantly sped up by not requiring a group of persons to form and undertake the work. Existing legislation means that a group of persons would still need to be in place in such instances, which is unnecessary and duplicative in practice.”
“The default position will be for a group of persons, and that will always be the default position of the Secretary of State. The reason for that would be to make factual corrections, drawing on— [ Interruption. ] Hon. Members have mentioned this as well. Creating new standards would also be necessary in emerging occupations where there is sufficient high-quality evidence that training would be required but the occupation is not yet at a point of maturity, and where employers are able to invest sufficient time to produce the standard in the first instance, as well as for straightforward adjustments in knowledge, skills and behaviours.”
“Both are focused on critical occupations in priority sectors and in delivering the Government’s home building target. In such instances, revision of the standards and assessment plans is likely to be needed before a fixed review point. The clause means that issues can be addressed quickly to support improved delivery of apprenticeships for the benefit of delivery partners and learners, and I commend it to the Committee.”
“It will also allow the Secretary of State to take a targeted approach to reviews, tackling issues such as low achievement rates and out-of-date knowledge, behaviours and skills. Without the clause, technical education qualifications, standards and apprenticeship assessment plans would need to be reviewed at published intervals rather than based on need. That would prevent resources being deployed effectively to ensure that technical education qualifications, standards or apprenticeship assessment plans are kept relevant and up to date as required. For example, training providers and assessment organisations have reported difficulties with delivering the installation and maintenance electrician and domestic electrician apprenticeships.”
“Removing the requirement to publish information about the intervals at which reviews will be conducted will allow the Secretary of State to determine when reviews of technical education qualifications, standards and apprenticeship assessment plans should be carried out based on need, rather than a fixed review point. The clause will allow the Secretary of State to review technical education qualifications and over 700 high-quality occupational standards and apprenticeship assessment plans more frequently where occupations evolve quickly, such as in digital. That will ensure that technical education qualifications, standards and apprenticeship assessment plans are kept up to date, coherent and relevant.”
“Clause 6 amends the requirement to review technical education qualifications, standards and apprenticeship assessment plans at regular and published intervals by removing the requirement to publish information about the intervals at which reviews will be conducted. There is no change to the broader review requirement. The Secretary of State will still be required to maintain arrangements to review approved technical education qualifications, standards and apprenticeship assessment plans with a view to determining whether they should be revised, be withdrawn or should continue to be approved.”
“The Secretary of State will still be required to maintain arrangements to review approved technical education qualifications, standards and assessment plans, with a view to determining whether they should be revised or withdrawn and whether the qualification should continue to be approved. The current approach to review is rigid and burdensome, given the volume of standards available. More than 700 high-quality occupational standards are now available following the introduction of the first in 2014 and IfATE being established in 2017.”
“If the hon. Gentleman will allow me to continue a bit further, I will explain. The current approach to review is too rigid and burdensome, given the volume of standards, assessment plans and technical education qualifications. It fails to recognise the differences in starts, achievement rates and rapid changes in skills needs, such as digital. Originally, it was expected that reviews would be carried out every three years, but with the proliferation of standards, assessment plans and technical education qualifications to review, IfATE was unable to maintain that cycle. Therefore, clause 6 will not remove the requirement of the Secretary of State to conduct reviews, but will allow them to be more targeted by prioritising reviews that are most needed rather than working to set intervals.”
“The option not to arrange an independent third-party review may also be deployed where employers place a high value on a professional body’s mandated qualification or key skills and behaviour learning outcomes, and the occupational standard adopts this very closely, such as the Chartered Institute of Personnel and Development and human resources standards. In such cases, an external review would be nugatory. That is also the case for emerging or highly specialised occupations, such as in the nuclear industry, where the group of persons preparing the industry represent the totality of interested parties. Without the clause, third-party examinations of all new standards and assessment plans would continue to be required in every instance, the delivery of which would not benefit the content but would act as a drain on time and resource.”
“For example, in highly regulated occupations in the health sector, where the regulatory requirements for occupational competence must be reflected in the occupational standard and assessment plan, third-party review would be duplicative and an inefficient use of resources. Similarly, where a regulator is directly supporting the development of the occupational standard and apprenticeship assessment plan and can assure themselves that they will meet regulatory requirements, an independent third-party examination also becomes redundant.”
“Clause 7 amends the 2009 Act to substitute a requirement for independent third-party examination of all new standards and assessment plans for a discretionary power for the Secretary of State to make arrangements to do so. The default position will remain that the Secretary of State will make arrangements for independent third-party examination of new standards and assessment plans prior to their approval. The clause will provide an alternative approach in certain circumstances, where obtaining third-party examination is duplicative or not necessary. We envisage scenarios where the Secretary of State is not likely to make arrangements for an examination.”
“There are of course then options for using the new flexibilities in accreditation, which will need to be considered in the interests of employers and learners. The Secretary of State will carefully consider when it may be appropriate for Ofqual to accredit technical qualifications. With regard to clause 7, in certain circumstances, obtaining independent third-party examination of new standards and assessment plans is unnecessary or duplicative, wasting time and resources; we may need to move things on.”
“I want to emphasise that no one is seeking to erode standards. We are seeking to improve the skills system. We recognise the need to move things on and to quicken up the process. This Government are entirely committed to doing that. We recognise the skills gaps and the need to ensure that people have the skills needed to get into the employment that they need. This is a Government who have a mission for growth and breaking down barriers to opportunities. In clauses 7 and 8 we are seeking to move along the processes to make sure our system is more flexible and agile and can respond to markets, businesses and employers. In clause 8, in terms of Ofqual, we are not trying to create a two-tier system. The Bill would remove what is an unnecessary and blanket ban on the accreditation of technical education qualifications.”
“I thank the right hon. Member for raising that. Through clause 8, we are making sure that Ofqual can accredit technical qualifications where the Secretary of State deems it appropriate. I thank Members for their contributions. Clauses 7 and 8 are essential in ensuring that Skills England has the flexibility to respond nimbly to an evolving skills system, and I therefore urge the Committee to support them.”
“I should be clear that Skills England will be an evidence-based, authoritative voice on skills, with a broad and ambitious remit to identify and tackle skills gaps. Although it will have a significant impact across the Government, and indeed the country, it is part of a skills system where priority skills policy, strategy and funding decisions remain for the Secretary of State and the Cabinet. Taking advice from Skills England, we will be asking more employers to step forward and fund level 7 apprenticeships. As I have said, we will set out more information shortly. I therefore ask the hon. Member for Harborough, Oadby and Wigston to withdraw his amendment.”
“Amendment 7 would require the Secretary of State’s report about the exercise of functions transferred from IfATE to include information on the impact on the provision of level 7 apprenticeships in England. The amendment would duplicate the duty in the Bill for the Secretary of State to report on the impact of the exercise of relevant functions on apprenticeships. What the amendment appears to be asking for is already in scope of the report, as described in clause 9. I also reassure Members that Skills England’s analysis and insights, which highlight skills needs in our economy, will reflect how far apprenticeships and other technical qualifications are meeting those needs on an ongoing basis.”
“I just thought I would help the hon. Member with his questions. Level 6 apprenticeships are indeed a core part of our apprenticeships offer, supporting growth and opportunity. We are reforming the apprenticeship levy into a growth and skills offer to deliver greater flexibility for learners and, indeed, employers. Decisions on training and funding through the levy in future will be guided, of course, by Skills England.”
“Without clause 9, there would not be a requirement set out in legislation for the Secretary of State to report transparently on exactly which functions in the Bill Skills England is taking on.”
“They must produce an annual corporate plan and an annual report, both of which will be published in respect of Skills England, subject to any commercial considerations in the corporate plan. Guidance dictates that corporate plans should include matters such as key objectives and performance targets, and assessment of current and recent performance against those targets. Furthermore, governance arrangements for Skills England will be set out in a framework document, which is a core constitutional document that must be produced in line with guidance from HM Treasury. Skills England’s framework document will be agreed between its board and Ministers. Once finalised, it will be published online, and Ministers will deposit a copy in both Houses.”