Apprenticeships, Skills, Children and Learning Bill

Again, my Lords, this has been a fascinating debate. The noble Viscount, Lord Eccles, took us on a helpful journey and explained eloquently the spectrum of independence, from how Ofqual might be defined as an independent regulator through to the SFA as an agency. This debate gets to the heart of some of the differences around the Chamber. It might have been helpful in the previous debate if I had mentioned to the noble Baroness, Lady Walmsley, that the QCDA will be a joint chair of JACQA; I had that note, so I thought that I would throw that in while I was on my feet. The noble Baroness, Lady Perry, gave us a helpful insight into the history of how we have come to where we are. I stress, though, that on the question of the erosion of the independence of the QCA we would argue that the QCA legislation, the 1997 Act, already provides for the Secretary of State to direct the QCA or to require it to have regard to plans. There really is no significant change for QCDA provisions. Accountability to Ministers is, and will remain, clear. The noble Viscount, Lord Eccles, asked about the QCDA’s accountability to Ministers and how that might affect its relationship with the Select Committee. I am absolutely confident that the QCDA will come before the Select Committee and be able to be questioned by it, as I am sure noble Lords would expect. To those who ask whether we need a Qualifications and Curriculum Development Agency, I would attempt to explain that ministerial decisions on curriculum, qualifications and assessment policy issues need to be informed by expert and professional advice. Once those decisions have been made, we need an agency that is capable of putting them into practice and ensuring that we have high-quality curricular assessments and qualifications. Since these advice and delivery functions are clearly accountable to Ministers, who are accountable to Parliament, it is fair to ask—as did the noble Baroness, Lady Verma, very clearly—why those functions cannot be performed within the department. There are two principal reasons why we believe that the Bill’s approach is correct. First, the department’s responsibility is to lead and manage the system. Its role and expertise are principally about policy and strategy. It is generally not appropriate for the department to have large delivery and professional functions in-house. This is our approach. Just as funding of teacher training is done by a non-departmental public body, similarly, the specific functions relating to the QCDA’s remit sit well in an agency—an agency that will have the culture and focus to enable it to develop professional knowledge, technical skills and the kind of organisational culture that we need. Secondly, we need transparency. Some of the functions of the QCDA need to be carried out at one step removed from Ministers—most obviously, when delivering national curriculum tests. I would be very interested to hear from the noble Baroness, Lady Verma, whether she would expect the national curriculum tests to be delivered directly by the Department for Children, Schools and Families and whether that is what is being proposed. Given the importance of test results, everyone needs to be confident that they are delivered impartially. Even with Ofqual as a regulator overseeing tests, there must not be any suspicion, however unfounded, that Ministers have an opportunity to influence the detailed delivery—by setting grade boundaries, for example. This point has been made by the party opposite in this Committee. Like every other public body, the QCDA will need to be efficient, as we would expect the highest standards of governance. The forthcoming move of the QCDA to Coventry, for example, following the Lyons review a few years ago, will significantly reduce the agency’s costs. It is simplistic to argue that the creation of Ofqual means that it is not appropriate to maintain the QCDA functions and that it is a straightforward matter to bring its functions into the department. That would be a significant mistake. We will challenge the QCDA to take advantage of its relocation to drive down costs and I am confident that it will respond positively. The QCDA will be an efficient and effective organisation at the heart of England’s education system. It will not make policy; that is for Ministers. With regard to the analysis of the noble Viscount, Lord Eccles, we are clear that the QCDA will be an arm’s-length body, have independence within a clearly defined remit and be accountable. It will support Ministers in delivering policies and be accountable through Ministers, with a clear and transparent remit, reporting to ministerial remits and not going off and doing its own thing. Our approach has an extremely strong commitment to an independent Ofqual and to the appropriate governance for the delivery and expertise that we wish for from the QCDA. I hope that, with those reassurances, noble Lords will allow the clause to stand part.