My Lords, Amendment 74 probes the charging of fees in connection with entries on the list of relevant providers. The Bill would enable the Secretary of State to make regulations to provide for a list of post-16 education or training providers, including independent training providers.
We have no argument with the principle of introducing legislative measures to protect the interests of learners, and agree wholeheartedly that those who run providers on the proposed list of relevant providers should be “fit and proper persons”. But we are concerned that many of the provisions appear to be just piling costs upon ITP delivery without any consultation or rationale as to why they are necessary. Can the Minister explain why no such exercise has taken place and assure the Committee that meaningful consultations will take place before any new requirements for providers are introduced via regulations?
Under the proposals, any provider not on the approved list will not be granted funding agreements or be allowed to subcontract with another provider that is on the list, so this will not be an option going forward. Yet being on this list does not guarantee future financial sustainability, given that the Government admit that listing will have a “significant impact” on the costs of smaller providers because of the need to pay to join and the imposition of mandatory professional indemnity insurance, as highlighted by the noble Lord, Lord Aberdare, in his Amendment 72.
If this is in response to concerns about provider failure, I too fail to see how enhanced liability insurance and more stringent entry registrations will have any impact or give protection to learners. Meanwhile, it risks destabilising the entire ITP sector at a time when the economy desperately needs more skilled staff as we emerge from the pandemic and as the effects of Brexit on the labour market are felt.
The Association of Employment and Learning Providers has also raised concerns about the practicality of this indemnity requirement, given that it is not aware that the insurance product that the Government may have in mind actually exists, despite such a requirement being written into primary legislation. I hope the Minister is able to address this in her response.
There is also understandable concern in the sector that increasing costs may be a backdoor way to reduce the number of ITPs in the market. Can the Minister confirm whether this is indeed the Government’s intention? If it is, I am concerned that such a policy could backfire spectacularly and have significant adverse consequences for learners and communities.
ITPs deliver three-quarters of all apprenticeship, traineeship and adult education budget programmes. While many are small, they provide crucial and valuable opportunities and bring much-needed responsiveness, innovation and competition to the skills training marketplace. Many ITPs are either specialist providers or serve areas out of easy reach of a local college—indeed, there are 1,186 towns but only 170 FE colleges in England. Does the Minister recognise that ITPs are very good at reaching out to small businesses in small towns and rural areas which do not have a local college, including the Chancellor’s Yorkshire constituency and some red wall areas? Does she agree that they have a major contribution to make to the Government’s levelling-up agenda?
I hope the Minister can provide some clarity on these issues and assure the House that independent training providers will be able to continue to provide value opportunities, which will be crucial to the country’s post-pandemic recovery.