Further Education and Training Bill [HL]

My Lords, I echo the words of the noble Baroness, Lady Morris of Bolton, and say how pleased we are that, as a result of a series of negotiations during the Recess and recently, these amendments have come forward. They meet many of our concerns about the sweeping powers of intervention originally proposed in the Bill and the Government have come a very long way. We indicated that we were not fully happy with the initial proposals that they put to us in July. We felt that there was need for further assurances on the accountability issue. On that front, we are now as fully satisfied as we can be with these amendments moved by the Government. The LSC must now give notice to the Secretary of State before it exercises its power of intervention. It is somewhat unfortunate that it is at the moment unclear which Secretary of State is appropriate, but that is one of the results of the division of responsibilities for further education between the new Department for Children, Schools and Families and the Department for Innovation, Universities and Skills, which the Minister represents. Be that as it may, we have the assurance that, before the LSC exercises its power, it will consult the Secretary of State and, if the Secretary of State feels that it is acting inappropriately in its intervention, he may intervene and direct the LSC that the action is inappropriate. We are extremely glad that the LSC will say in its annual report how it has used its powers of intervention, if it has done so, and that the annual report will be laid before both Houses of Parliament so that scrutiny can take place. The Secretary of State has given a written assurance that, if he receives notice from the LSC that it proposes to intervene, he will personally write to local Members of Parliament, which means that there is also accountability through the local MPs. The Minister was slightly economical with his quotation from Mr John Hayes, who indeed said in the other place: "““Taken together, the amendments and the further written assurance of the Minister represent a significant change of direction””." However, the Minister jumped what he went on to say: "““They mean, in effect, that the LSC will be unable to intervene without the approval of the Secretary of State””.—[Official Report, Commons, 11/10/07; col. 515.]" We started by saying that we could see little reason why the powers needed to be handed over to the Learning and Skills Council, as the Secretary of State’s residual power of intervention was already in the Act. We have, after considerable consideration, ended up with a situation that is de facto very much the same. We are pleased about that, although whether it was necessary to go round the houses in this way is a little uncertain. I pay tribute to the way in which these compromises have been reached. Again, I quote what Mr John Hayes said in the other place: "““The House is at its best when Bills are improved by careful scrutiny and when the Opposition are listened to””.—[Official Report, Commons, 11/10/07; col. 514.]" Perhaps he overestimates the role of the other place, as it seems to me that it was in this House that much of the effective scrutiny took place. Certainly, the changes that were made derived from the power of this House, when it considers government proposals to be unwise, to make the Government think again. I pay tribute to Members on all Benches for their achievements in improving the Bill and making it a much more sensible and viable measure. I am thinking not just of the role played by the two opposition Benches, although I particularly welcome the spirit of co-operation in which we have worked with the noble Baroness, Lady Morris of Bolton; I should also mention, as the Minister did, the important role played by the Cross-Benchers, in particular the noble Lords, Lord Dearing and Lord Sutherland, in achieving the compromises that have been agreed. I pay particular tribute to my noble friend Lady Walmsley, who is not here with us today, as she is speaking in distant Wales on behalf of the Lord Speaker. She took the Bill with me through Committee and took it alone through Report and Third Reading while I was away on an extended trip. Finally, I pay tribute to the two Ministers with whom we have dealt, the noble Lords, Lord Adonis and Lord Triesman. Both are listening Ministers who are prepared to respond when they recognise that the issues raised have substance. I am very grateful to them. I think that we have a better Bill as a result.