Apprenticeships, Skills, Children and Learning Bill

Buried in Clause 126(6) are the words: ""In performing its functions Ofqual must also have regard to such aspects of government policy as the Secretary of State may direct"." In normal circumstances that would be regarded as a hybrid. It is a mixture of a piece of conventional guidance and something giving the power to direct. My question is this: how will this subsection work and what is it meant to do? In my amendment I turn it into a conventional guidance provision: ""Ofqual must, in performing its functions, have regard to any guidance on aspects of government policy given by the Secretary of State"." The subsection is very wide and I am sure that under the heading of "government policy" almost anything you wanted could be included. I am pursuing the point because it obviously impinges on independence. As drafted, is this really a formal power to direct and therefore could produce directions with which Ofqual must comply? If it is a formal power to direct, would any direction made under it be laid before Parliament? As we have discussed before, one of the difficulties with directions is that they are not subject to parliamentary procedure. Indeed, Parliament may never learn that directions have been laid, or if it does, only many months after the event. In summary, I seek clarification of what this subsection is intended to mean and how it is to work.