The next item is a statement by the Minister for Education and the Welsh Language on the Tertiary Education and Research (Wales) Bill, and I call on the Minister to make the statement—Jeremy Miles.

Thank you, Llywydd. I am pleased to introduce the Tertiary Education and Research (Wales) Bill for the Senedd’s consideration. I do so on behalf of this Government and on behalf of the many contributors who have helped shape its development during extensive consultation and engagement.

The Bill establishes a new commission for tertiary education and research and dissolves the Higher Education Funding Council for Wales. As the national steward for tertiary education and research, the commission will be responsible for its funding, oversight and its quality. The commission will take a system-wide view, supporting learners throughout their lives to have the knowledge and skills to succeed, and securing providers that are strong, independent and diverse and that make significant contributions to national well-being and prosperity.

For the first time in Welsh legislation, we will bring the following sectors together in one place: Wales's higher and further education, school sixth forms maintained by local authorities, apprenticeships, adult community learning, as well as responsibility for research and innovation. In the Bill, we set out nine strategic duties for the commission. Together, they provide the long-term strategic planning framework for what this valuable and varied sector needs to deliver, as we recover, renew and reform.

The Bill places duties on the commission to: promote lifelong learning; to promote equality of opportunity; continuous improvement in tertiary education and research; to encourage participation in tertiary education; to contribute to a sustainable and innovative economy; to promote collaboration and coherence in tertiary education and research; to promote tertiary education through the medium of Welsh; to promote a civic mission and a global outlook.

Now, I don't claim a new radicalism in the purpose of these nine duties, on the contrary, they draw on our rich history of widening access to quality education, Welsh internationalism and civic mission. However, it is radical to give them purpose in law, as the lodestar for the new commission and for our tertiary education sector as a whole. They provide a clarity of purpose, ensuring a relentless focus on the success and well-being of learners, of all ages, across all settings and in all communities.

The Welsh Government will be required to prepare and publish a statement setting out the national strategic priorities for tertiary education, research and innovation, which, in conjunction with the strategic duties, will guide the commission’s own strategic plan and how it functions and allocates funding. The commission, working with the sector, will then shape the system through investment, by connecting providers and sharing information, enabling it to take a strategic view and ensure learners grow as engaged, enterprising and educated citizens of Wales.

The Bill sets out the governance of the commission. Crucially, the board will include representation of learners, but also the tertiary education workforce and the commission’s own staff as associate members, reflecting our commitment to social partnership.

Much of the primary legislation in relation to higher and further education in Wales is decades old; it pre-dates democratic devolution, higher education expansion, significant recent changes in economic and career patterns and the revolution in technology that continues to influence the way we learn, live and work, and, of course, before we could have possibly imagined the sort of challenges brought on by COVID-19.

Llywydd, it is time to grasp the opportunity to change. If we are serious, as this Government is, about narrowing educational inequalities, expanding opportunities and raising standards, then we must break down barriers, secure easier learner pathways and continue to invest in research and innovation.

If we take apprenticeships as an example, our ambition for a system responsive to the needs of learners, the economy and employers is hampered by current legislation. Frankly, we are too dependent on Westminster legislation from over a decade ago, which does not cater to the distinct needs of our economy or society. Therefore, for the first time in Wales, this Bill provides a stand-alone power for the commission to fund apprenticeships in the same way as other tertiary education. The Bill reforms the process for the design and oversight of our apprenticeship frameworks, creating the opportunity for a more responsive and collaborative system.

Turning to governance, our institutions have argued for more flexibility and less bureaucracy; it's a reasonable ask. In turn, the Bill requires the commission to create a new registration model for tertiary education. The new model will be a flexible mechanism for accountable, but proportionate, oversight of the sector. None of what we value most highly in our respected institutions will be lost, but much of the bureaucracy will.

The Bill enables the commission to fund registered providers for research and innovation activities, as well as other organisations collaborating with them. We'll move to a fully integrated sector-wide planning and funding system, with more effective targeting of resources. This is made possible by having a clear, co-ordinated and coherent system.

The Bill enables the commission to ensure that Welsh tertiary education continues to be of the highest quality, and to create a consistent quality-based approach through shared principles and collaboration.

We also need to secure continuous investment in workforce professional development. For this reason, we are empowering the commission to give advice and assistance to providers regarding quality improvement, including the learning and development of the workforce.

The learner engagement code requires providers to address how they will involve learners in decisions on all aspects related to their learning, interests and concerns. What’s more, by including learner representatives on its board, the commission will practise what it preaches. 

The establishment of the commission will, for the first time, provide Wales with a national steward to oversee the whole of the tertiary education sector. The arrangements we are putting in place through this Bill will help shape a diverse and dynamic sector that supports learners throughout their lives, delivering for communities, employers and the nation as a whole. I look forward to the contributions and collective efforts of Senedd Members in taking this significant Bill on its parliamentary journey.

Minister, thank you for your statement and the formal introduction of this Bill. The Bill presents us with an opportunity in Wales to mould tertiary education to fit the specific needs here in Wales, and to ensure our learners in Wales receive the quality of tertiary education they deserve and the support they require on their educational journeys.

It's fantastic to see that for the first time in Welsh legislation we will bring together in one place Wales's higher education, further education, local authority maintained sixth forms, apprenticeships, adult community learning as well as a responsibility for research and innovation, and we do welcome that from these benches.

But, the tertiary education sector is still recovering—sorry, my throat's going—after 18 months of serious disruption. Education providers are finding themselves exhausted as they try to keep schools and colleges open because of high levels of staff absence. So, I do have to question the timing of this, and perhaps ask, 'Why now?'—why, when we're at a critical point of this pandemic and embarking on a new curriculum? And I’d appreciate the Minister’s reassurance on that.

ColegauCymru have previously raised several concerns over the delivery of the tertiary education and research Bill, with an emphasis on the absence of learner protection plans and a learner engagement code. So, I’m pleased to see that these are now included within the Bill.

It would be also great to hear more about the appointments to the board—the experience and neutrality and that sort of thing—the requirements to be on it. We welcome the introduction, of course, of the learner representatives on the board, and I think that’s a fantastic idea. I was just wondering how this is going to look in practice. Will these members be appointed, elected, employed? Will these be paid positions, where they’d be expected to be present at every meeting? The levels of accountability, of course, upon these individuals will be significant, given the position they hold and the financial responsibility of this board. So, just a little bit more information on that would be fantastic.

Gone are the days where having a certain key skill or qualifications offered a job guarantee now, but, when it comes to 16-19 FE provisions, funding and quality assurance needs a single approach, one of progression of the learner and their outcomes, at the heart of this Bill. The challenge is not through the protection of the current provision, but rather the creation of effective pathways for progression. One way in which we believe we can tackle this problem would be to implement better curriculum planning for the 14-19 age group and develop holistic routes for progression of learners. Minister, could you, please, outline whether you’ve looked into these concerns and how you intend to work to create a more joined-up approach for school to FE transition? Thank you.

In addition, while we welcome the inclusion of sixth-form colleges in this Bill, it's still unclear from the Bill how the proposed reforms of post-16 education will complement and enhance the new curriculum and ensure continuity and engagement between pre-16 and post-16 education providers, especially when considering the setbacks education providers have experienced during this pandemic. So, I’d be grateful, Minister, if you could outline what measures you’ll be taking to ensure that seamless connection between the two.

COVID will also have a lasting impact on the lives of learners across Wales for several years. Three factors that I feel need addressing are the impact on young people who have been displaced from direct employment and work experience; a better understanding of how people in the 2020-21 cohort have transitioned from school into all forms of post-16 education; and how support will be provided to middle and lower attainers who have faced greater difficulties with progression into FE. So, Minister, could you outline what plans you intend to put in place to support people who fall within these groups?

A recent report by the Evidence for Policy and Practice Information and Co-ordinating Centre, the EPPI, also highlighted concerns about grade inflation in 2020 and 2021, which has led to higher competition for universities, while participation in vocational learning has fallen.

And finally, we welcome the changes for apprenticeships, of course, and I think that more control is necessary here. We need to have a much bigger focus on apprenticeships, in fact, and the potential that they have to provide the jobs of the future, including green jobs and high-skilled jobs. We must ensure that the sector is diversified to enhance opportunities and introduce more rigorous targets to expand the apprenticeship programme for more people, making it more reactive to the needs of our local communities, businesses and our economy. I’d be grateful if the Minister would outline what provisions have been considered for the 14-16 age group, as some colleges work with them on initiatives such as the junior apprenticeships.

Minister, we cannot stress enough the importance of lifelong learning in this day and age. Lifelong learning is an important part of post-16 and adult education, and an emphasis needs to be made to highlight its importance going forward.

Finally, the challenges people have faced over the pandemic have motivated many people to learn new skills and gain new qualifications, which has led to better employment prospects. So, it is clear that the appetite is there. It also plays into contributing to a sustainable and innovative economy as the employment market adapts and changes around us. But we need to ensure that we make lifelong learning and retraining opportunities accessible, feasible, and cost effective for people to access them, and that they provide equality of opportunity. They need to fit around people’s daily lives. Minister, what discussions have you had with FE and HE sectors to work out how this could be delivered and in an accessible way? Thank you.  

Well, I thank the Member for her questions and the constructive tone with which she engages with the range of issues, and I think the range of questions that she asks demonstrates the breadth of the Bill and the scale both of the challenge and the opportunity, I think, which we are seeking to make sure our sectors are best placed to engage with.

On the important question of timing, I absolutely understand the context for the question that the Member puts, but I do think that it's the confluence and the context in which we find ourselves that actually makes the need for the Bill more urgent, really—so, she mentioned COVID, obviously, importantly, but it's the week of COP, and we understand the transformative impact that climate change is having on our society, on our economy; our new relationship with the European Union; the need that she refers to in her own question to enhance lifelong learning provision as people remain in work for longer, but may need to adapt their skills more frequently during their working life and to manage periods out of work; and the digital challenge as well. All of those are coming together at the same point in time. Any one of them is a significant challenge. So, I think it's the confluence of those that offers opportunities as well as challenges, which, I think, makes the timing absolutely right for this Bill.

She raises an important point about the composition of the board. The board's appointment will follow the public appointments route in the usual way, and a range of skills will be needed on the board from a range of backgrounds, both education but also industry and beyond. So, the initial appointments will be made in terms of the chair, the deputy chair, the chief executive for the first appointment, and the board, by Welsh Government through the public appointments process, and I hope that will give her some reassurance. In terms of the associate members, which are the ones I referred to in my speech, that will be a matter for the commission itself.

I think she raised an important set of points about the relationship between schools and the post-16 sector, and, of course, sixth forms are at the heart of that Venn diagram in many ways. And I think that's why it is important that the Bill brings sixth forms within the compass of the commission, albeit indirectly in a sense, because I think that will lead to a more coherent set of arrangements. And I think she makes a very important point about ensuring that pre-16 education and post 16 is a sort of seamless journey in that sense, and I think this Bill is intended to bring some coherence at the point. I think that the relationship with sixth forms plays an important role in ensuring that continuity and that continuum of learning in the way that she describes.

There are a number of points that she made in relation to the impact of COVID, as I think she—. We are monitoring the progress of the cohorts that have been most directly affected in a very periodic way, and we've published some information already about attainment, about courses that people are going into, the performance and so on, just because we recognise, as I know that she does, the particular impact on that cohort. And that information will, I think, be an asset in the work that the commission can do.

She spoke about the importance of making sure that everyone has access to the opportunities that the Bill will enhance, and including those most directly impacted by COVID, and I couldn't agree more with her. One of the key duties on the commission is the duty of equality of opportunity, and that is to ensure that all learners from whatever background are able to flourish to their fullest extent in all parts of the tertiary sector, and I know that she will share that ambition.

In relation to apprenticeships, this Bill will, I think, transform the ability of our apprenticeship system to be responsive in the way that her question encourages it to be. There is a very significant investment programme that we have as a Government in relation to apprenticeships, and I think being nimble, being able to react to the needs of the economy in a way that is straightforward, is at the heart of that, and the Bill will support that.

Finally, she makes a set of important points in relation to lifelong learning. Again, one of the key duties on the commission is to promote that. There was a piece of work that we anticipate receiving imminently from the Wales Centre for Public Policy, which will help us understand better what the opportunities are in terms of lifelong learning, and she will have identified in the Bill that the funding mechanism for FE includes a mechanism that enables that progressively to be expanded to make a reality of that lifelong provision.

Thank you, Minister, for the statement.

There's much about this Bill that we welcome, but a number of concerns have been raised by stakeholders about the Bill, which vary from uncertainty about the new commission and its relationship with Government and learning providers, planning and funding, the well-being and voice of learners, securing quality and academic freedom. Now, given the number and diversity of these concerns conveyed by stakeholders, it would be relevant to ask some questions on the consultation process. NUS Cymru, for example, is of the view that a very real opportunity was missed here to incorporate a very real partnership with learners across the post-16 sector, and that this is reflected in the wording of the strategic framework of the Bill, where there's an absence—there isn't a great deal of reference to the learner voice—and, for example, there's a lack of recognition of the way that there is diversity in terms of access to advocacy and representation between the HE and FE sectors. There would have been an opportunity here, for example, to give a legal basis to that, and that recognition and support for that would be a condition of being a registered body. Therefore, does the Minister believe that the Bill, as it currently stands, does give adequate consideration to the learner voice?

Now, I'm sure that we could all agree that academic freedom is crucial to higher education in the UK and internationally. It's an important principle that we should welcome, support, fund and promote here in Wales. The outcomes of not securing such freedoms are very broad ranging. Academic freedom affects the investment universities can secure for Wales through its activities. It can limit their abilities to create partnerships, domestically and internationally, and it can place Wales at a disadvantage therefore. We need better recognition and safeguards for academic freedoms within the Bill, but stakeholders have referred to areas where there is a lack of protection. These include unintended gaps in transferring current protections in the funding legislation, the powers that Welsh Ministers have, rather than the commission, and the number of regulatory powers and other new powers contained within the Bill. In this regard, I would like the Minister to outline how the Bill before us today does safeguard academic freedoms, the ability of academic institutions to form these key partnerships, and what this will mean for Welsh students at a domestic level and on a global platform.

The stated aims of this legislation include respect for education institutions, while bringing regulation and funding under the new commission on tertiary education and research. However, the Bill doesn't eradicate Welsh Government powers to abolish higher education corporations against their will, and it extends powers to change their statutory responsibilities. We're not necessarily against these aspects of the Bill, because universities do have to behave in a way that responds to the needs of our economy, not as businesses. But, given that the institutions affected by the Bill do receive public funds, could I ask the Minister how the Bill ensures that our universities do respond strategically to the skills needs of the Welsh economy, as well as research, rather than behaving as commercial entities competing against each other?

In terms of the Welsh language, it was explained during the consultation process that stakeholders agreed that the new commission should be placed under a specific duty to give due regard to the Welsh language in exercising its functions, and should be subject to the Welsh-language standards. In this regard, it was noted that the commission would deal with a number of areas that would have a direct impact on the ability of the PCET sector to develop the ability of learners to study through the medium of Welsh or bilingually, which will go some way towards delivering the Welsh Government's aim of a million Welsh speakers by 2050. Historically, the offer of Welsh-medium and bilingual provision within PCET has been limited and patchy because of a number of factors, including the limited availability of qualifications, the limited availability of resources in terms of physical resources and staff able to teach and assess through the medium of Welsh, and the perceived lack of demand by employers and learners. So, could the Minister outline how he believes the Bill responds to these issues, and, specifically, how the Bill will respond to the absence of qualifications and the limited resources available, in terms of physical resources and staff able to teach and assess through the medium of Welsh? So, I’d like to hear more about the details on how the Bill will help us on the way to that target of a million Welsh speakers. Thank you very much.

I thank the Member for her questions and for the welcome that she’s given to the Bill, and the questions that deal with very important areas, many of them having been raised, as she mentioned, by stakeholders during the process—the extended process of consulting since the draft Bill was introduced.

In terms of the learner voice, I think that there is new emphasis in the Bill on that in the wake of what we’ve heard from stakeholders. So, from my perspective, the learner journey, and ensuring that that’s a smooth one through the system, is vital to this, and the focus is on the learner—that’s the main focus of the commission in terms of how the Bill is structured. That’s vital, I think. The engagement code and the learner protection code, those two elements are very important in terms of giving a voice on the one hand, but also providing safety and security for the learner in circumstances, maybe, if a course comes to an end or the learner wants to move between courses, and the detail that can be provided in those codes can provide a lot of support and security for learners in that context. We’ve looked at what's happening over the border and the code that we have here is much more broad ranging than that. I also think that the representation on the board of the commission is important in terms of the learner voice. That’s at the core of the new system. But the Bill has been introduced and there will be an extended period now of scrutiny and further conversations with stakeholders, and I’m very happy to hear more if learners and their representatives have ideas about how we can strengthen the approaches that the Member raised today.

I agree entirely on the subject of academic freedom. That’s on the face of the Bill as a requirement. There are also restrictions on what the Government can do in terms of requirements of the commission, that have at their core the idea of academic freedom as well. So, there’s more than one example in the Bill where that is on the face of the Bill.

The Member asked about how the Bill will expand the freedom of institutions to co-operate, which is a different version of academic freedom. I think that the Bill allows that at its core. That is, at present we have a funding system that relies on boundaries. That is, higher education is funded by the Government—further education by the Government and higher education by HEFCW, so that creates inconsistencies in the system, which isn’t strategic and doesn’t allow those links and that co-operation and collaboration that I know the Member wants to see. So, in moving away from that to have a transparent funding system that is based on a strategy, I think that’s going to allow our institutions to collaborate in a variety of creative ways.

The Member raised an important point about higher education corporations. And we thought, as we designed this part of the Bill, how to proceed with this question—to be honest, there was a discussion about the best way to go on this. Ultimately, we stuck to what’s already in the law. There are minor technical changes stemming from the fact that there's a commission, that there's a new body, but the substance of this hasn’t changed. The reason for that is that we need some kind of backstop under some circumstances—it's in some sort of emergency scenario that that might arise, of course. But there is a risk that, if the powers don’t exist, the institution would not be in a position to ask the Government to intervene, but also that we would need a parliamentary Act in order to change the situation. So, it’s just a practical matter. But, again, I’m happy to hear if people think that that needs to be strengthened, the ways of ensuring that. Public law, of course, applies here, so there would be significant restrictions that would arise in that context anyway. But, as I said, I’d be happy to hear further suggestions.

In terms of the Welsh language, the point that the Member makes is vital. It’s a discussion that I’ve had with CollegesWales, higher education colleges and our universities, and I think this is an important opportunity to ensure a contribution from the sector towards the aim that we all share. There's a different relationship that people have with the Welsh language after they leave school, I think. The dynamics may be a little different, so I think we have an opportunity here, and in a variety of ways I think that the Bill does make a contribution towards that. On the face of the Bill, it is a duty that the commission drives demand for post-16 education through the medium of Welsh, but I think there are a variety of ways that that can happen. The explanatory memorandum, quite a part of that is given over to explaining what kinds of things the commission could do, but I'd be happy to discuss that in more detail with the committee, for example, if that's of interest because I think that there's a lot that we can do in that context. 

In terms of qualifications, Qualifications Wales is looking at what we can do differently in terms of vocational qualifications, for example, through the medium of Welsh. There is a great deficit in that context. Some have already been created that are 'made in Wales' as it were, but there is further work that we have to do on that, I think, with Qualifications Wales. 

I'd particularly like to congratulate you on the emphasis you've given to the stand-alone powers to fund apprenticeships in the same way as any other part of tertiary education, because I think this really is an important step forward in the parity of esteem that we need to have between applied technical skills and academic and so-called intellectual skills, although, in reality, obviously there's much of both of these mixed up. But we need to ensure that BTECs and A-levels are given exactly the same status, and that vocational and academic skills are given parity of esteem. 

I just wanted to pick up on how you think this Bill will improve the accountability and proportionate oversight of tertiary education without some of the bureaucracy, because traditionally the academic governance has been conducted by the Senedd, and there's always been a tension between the academic freedom and the sustainable businesses that they need to be. But, equally, the financial and efficient and effective management by the university council isn't necessarily as good as it might be in some cases. How is this Bill, and the powers that the Welsh Government will have to intervene if they don't think that governing bodies are doing the job effectively, how is that going to be improved by these new arrangements, because, clearly, it's a very, very important issue for a sector that's hugely important to our economy and our well-being?

I think the Member makes an important point. I think there is a difference in approach in higher education and further education for reasons that I know that she will understand. And I think that illuminates a larger point that, whereas we want a single sector, there are a diversity of players within that sector, and I think that balance is the right balance to strike. 

I refer to the point about academic freedom that Sioned Williams made, but there is a mechanism, of course, for registration in the Bill, and there's a range of ways in which the commission can engage with institutions who are not in compliance with their registration conditions. And it's a sort of gradually escalating set of interventions really about advice and engagement, and then there's the possibility of a direction and then more stringent enforcement activity for the most egregious, and one would hope and expect, unlikely scenario. So, the Bill sets out a sort of escalating range of interventions, which, in the worst situations, the commission could avail itself of. But, the register is the mechanism for delivering that oversight. 

Finally, Hefin David. 

Diolch, Llywydd. And I think, in response to the question, 'When should this be done, why now?', well, Professor Ellen Hazelkorn's report was published in March 2016. So, if not now, then why not yesterday, previous to that? But, of course, there has been a global pandemic in the meantime, and I think this might have been done earlier. 

I was listening to your response to Sioned Williams, and I haven't got my translation equipment, so I hope my understanding of Welsh was sufficient. But, you talked about the inconsistency, I think, of the fact that further education was responsible to Welsh Government and higher education to HEFCW. But what will happen with the new body is there'll be a huge range of demands for financial and other support from a range of bodies that do similar things at different levels, and may be competing with each other. How can that be resolved within one body? How will the transparency be provided and how will that be scrutinised to ensure that everyone in the new pot is treated fairly?

I thank Hefin David for that really important question. The basic thesis underpinning the Bill is that it effectively will lead to more transparency in this way. And I think we're inspired a little bit by the experience in New Zealand of this when they established their equivalent commission, and it operates on a similar basis in the sense of Government setting the overall strategy and then the commission having its own strategic plan reflecting those requirements and so on.

HEFCW already operates on a basis that is transparent in the way it allocates funding. It's publicly available, the criteria are established and the sums are dispersed in a way that is very public, and I think that is something that is easier to deliver in that sort of arm's-length environment. So, I actually think that the bringing together of the further education, adult learning and apprenticeship funding streams in that kind of arm's-length way will actually enhance the transparency in the way that, perhaps, HEFCW currently does for HE. The key advantage that the proposals in the Bill bring about is that the funding is allocated on the basis of that public strategy, if you like, so there's a strategy that is devised, that is consulted upon and that is transparent, and the boundaries, if you like, between institutions—or the historic boundaries at that point between the sources of funding—are not the guide to how that money is allocated. So, I think those two routes will significantly enhance the transparency across the post-16 sector. 

Thank you, Minister.