Apprenticeships, Skills, Children and Learning Bill

After that masterly description of the issues raised by Clause 138, I hesitate to go into any detail. I found myself nodding at all the arguments made by the noble Baroness, Lady O’Neill. My proposal is somewhat different from striking out the clause or some of the other amendments; it is to start by questioning why the Government have selected a determination as their way to proceed. My amendment proposes to remove the use of an unusual power—the power of determination—and to replace it with a conventional power to lay regulations. It would be even more suitable if the procedure on the regulations were to be affirmative rather than negative. I tabled my Amendment 255 because determinations are of questionable constitutional impact and are subject to no parliamentary procedure. As has been said entirely correctly, Clause 138 contains an important and wide power. It is entirely appropriate that, if it were to be exercised, it should be subject to proper parliamentary scrutiny. I do not know why the Government should wish to take shelter behind a determination when specifying minimum qualifications. This matter needs to be dealt with in an open and transparent way.