The Explanatory
Memorandum prepared by the Welsh Government describes the
Bill’s main purposes in the following terms:
The Bill provides
for the establishment of Qualifications Wales as the independent
regulatory body responsible for the recognition of awarding bodies
and the review and approval of non-degree qualifications in Wales.
Qualifications Wales will also, along with the Welsh Ministers, be
responsible for preparing a list of priority qualifications,
designated as such by reason of the significance of the
qualification, having regard to the needs of learners and employers
in Wales. The intention is, through the establishment of
Qualifications Wales, to strengthen the oversight of qualifications
and of the qualification system in Wales.
The Bill is
intended to address the four main limitations of the current
system. These are outlined in the Explanatory Memorandum
as:
•
there is no single organisation that is dedicated to ensuring the
effectiveness of qualifications and the qualification
system;
•
there are no powers to prioritise qualifications and to thereby
focus regulatory activity where it is most needed – with the
result that there are large numbers of regulated qualifications but
limited resources to ensure effectiveness;
•
there are no powers to select a single provider of a given
qualification to ensure that learners across Wales take the same
qualification; and
•
the capacity to drive forward the strategic development of
qualifications within the current arrangements is too limited -
creating a risk that Wales’ qualifications will not be held
in as high esteem, nationally and internationally, as those in
other nations.
The Bill provides
Qualifications Wales with the following principal aims, and it must
act compatibly with these when exercising its functions:
a) Ensuring that
qualifications, and the Welsh qualification system, are effective
for meeting the reasonable needs of learners in Wales;
and
b) Promoting
public confidence in qualifications and in the Welsh qualification
system.
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Question
1 - Is there a need
for a Bill for the purposes outlined above?
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Yes.
NTfW strongly believes that there is a need for the Qualifications
Wales Bill.
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If you believe there is a need for the Bill,
what are the main issues that need to be resolved?
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NTfW notes (and
agrees with) the four main limitations of the current system that
has brought about the requirement for Qualifications Wales, most
notably:
·
there
is no single organisation that is dedicated to ensuring the
effectiveness of qualifications and the qualification
system;
·
the
capacity to drive forward the strategic development of
qualifications within the current arrangements is too limited -
creating a risk that Wales’ qualifications will not be held
in as high esteem, nationally and internationally, as those in
other nations.
With the two
limitations above in mind, and being mindful that the focus is at a
qualification level, NTfW would continue to advocate that
Qualifications Wales also adopts a wider remit of becoming the
gatekeeper for Apprenticeship Frameworks in Wales.
There is a
recognition that the apprenticeship offer across the UK is becoming
increasingly divergent (most notably between England and the other
nations of the UK), and it is with this in mind that NTfW would
welcome (strongly) an increased role for Qualifications Wales in
the area of Apprenticeships, and would particularly welcome
Qualifications Wales becoming the ‘Issuing Authority’
for Apprenticeship Frameworks in Wales.
It is noted that
reference is made to the potential for Qualifications Wales to
become an “issuing authority in due course”
within the Explanatory Memorandum, albeit within Annex C
(Glossary)
It is also noted
that within its analysis of who will be affected by the
legislation, the Explanatory Memorandum para. 102
states:
“For those
employers who provide work-based learning, or apprenticeships, it
is expected that they will also feel the benefits of qualifications
that better meet their needs as well as economic benefits from any
qualification investment made in their workforce, and that a
cumulative effect will be felt across the economy of Wales as a
whole..”
It is with the
above, and a number of the ‘matters to which Qualifications
Wales is to have regard’ that NTfW would also advocate that
Qualifications Wales ensures a strong role in the coordination of
the emerging Sector Qualifications Advisory Panels to ensure that
the Vocational Qualifications (VQs) developed in Wales (for Wales)
are ‘fit for purpose’
By ensuring the
two things listed above are done, this would ensure the quality of
the Apprenticeship Frameworks in Wales, and the quality of the
qualifications within them.
If there support
for the above amongst key stakeholders involved with the
development of Qualifications Wales, then there is a current window
of opportunity as Welsh Government will shortly be announcing a
Review of Apprenticeships (as outlined in the Skills Implementation
Plan)
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
X
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2 – This is a problem that
needs to be addressed.
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 2
- Do you think the
Bill, as drafted, delivers the stated objectives as set out in the
Explanatory Memorandum?
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Notwithstanding
the comments in Question 1 above, then Yes, NTfW believes the Bill,
as drafted, delivers the stated objectives as set out in the
Explanatory Memorandum.
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If not, how do you think the Bill should be
amended to take account of this?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
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2 – This is a problem that
needs to be addressed.
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§
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 3
- Are the sections
of the Bill as drafted appropriate to bring about the purposes
described above?
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Notwithstanding
the comments in Question 1 above, then Yes, NTfW believes the
sections of the Bill, as drafted, are appropriate to bring about
the purposes described above.
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If not, what
changes do you believe need to be made to the Bill?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
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2 – This is a problem that
needs to be addressed.
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§
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 4
- Has the Welsh
Government correctly identified the four main limitations of the
current arrangement, and will the two principal aims the Bill sets
for Qualifications Wales, as well as the eight matters which it
must have regard when exercising its functions, effectively address
these limitations?
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Yes.
NTfW believes that the Welsh Government has made the correct
judgement in regards to the limitations of current arrangements,
and that the principal aims, and matters which it must regard when
exercising its functions, will effectively address these
limitations.
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If you believe there are problems in this area,
how do you think they could be resolved?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
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2 – This is a problem that
needs to be addressed.
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§
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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Question 5
- What are your
views on the proposals for determining ‘priority
qualifications’ and, within these, ‘restricted priority
qualifications’?
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NTfW believes that
the proposals are proportionate to the desired
outcome(s).
NTfW recognises
that ‘priority’ and ‘restricted priority
qualifications’ would mainly involve General Qualifications
(GQs) and as such would the proposed approach (and intended
outcome) would promote confidence amongst all
stakeholders.
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If you think there are problems in this area,
how do you think they could be resolved?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
|
§
X
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2 – This is a problem that
needs to be addressed.
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§
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 6
- What are your
views on the commissioning type process Qualifications Wales would
undertake under the Bill, in respect of restricted priority
qualifications?
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NTfW believes that
the proposals are proportionate to the desired outcome(s).
However, any commissioning process will need to be fair, open and
transparent. In addition, we must recognise that the
qualifications ‘market’ in Wales is comparatively
small, and that a restrictive commissioning process will be
counterproductive to provider and employer choice and/or meeting
the unique needs of Wales.
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If you believe there are problems in this area,
how do you think they could be resolved?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
|
§
|
2 – This is a problem that
needs to be addressed.
|
§
X
|
§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 7
- How will the Bill
change what organisations do currently and what impact will such
changes have, if any?
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NTfW feels that
the introduction of the Qualifications Wales Bill, will a more
significant impact on awarding bodies than its members. The
biggest risk associated with the introduction of the Bill, is that
awarding bodies could decide that they will no longer offer their
qualifications in Wales, and therefore this will have an impact on
provider (and employer) choice.
It is recognised
within the Explanatory Memorandum that “over 120 other
awarding bodies are also recognised to offer other regulated
qualifications in Wales, and these mainly award vocational
qualifications” As outlined in our response to the
consultation ‘Our Qualifications Our Future’ NTfW
raised its concerns that any restriction on awarding bodies to
operate in Wales, would have a detrimental effect on choice,
especially as it is felt that no one awarding body would have the
breadth of specialism required to work across the broad spectrum of
sectors within Wales.
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If you believe there are problems in this area,
how do you think they could be resolved?
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By having fair, open and transparent recognition
and commissioning processes as identified in the response to
Question 6.
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
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2 – This is a problem that
needs to be addressed.
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§
X
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 8
- What are the
potential barriers to implementing the provisions of the Bill (if
any) and does the Bill take account of them?
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NTfW is mindful
that we are currently in a period of continued budgetary
constraints, and as such the main potential barrier is that of the
funding allocations (initial and continued) for Qualifications
Wales to fulfil its functions. Although there are well costed
models, there is uncertainty about future budgets within the
education and skills budget.
The other
potential barrier is that of awarding bodies being un-receptive to
the proposed changes, and thereby creating a period of uncertainty
in the qualifications landscape in Wales.
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If you believe there are problems in this area,
how do you think they could be resolved?
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How significant is this issue? (Please select
one option)
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1 – This is a key, urgent
problem.
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§
X
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2 – This is a problem that
needs to be addressed.
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§
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§
3 – This is a minor
problem
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§
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4 – Not a problem.
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§
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Question 9
- Do you have any
views on the way in which the Bill falls within the legislative
competence of the National Assembly for Wales?
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NTfW takes
assurance from the fact that the Minister for Education and Skills
is confident that (through his Member’s Declaration) that the
Qualifications Wales Bill falls within the competence of the
National Assembly for Wales.
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Question
10 - What are your
views on powers in the Bill for Welsh Ministers to make subordinate
legislation (i.e. statutory instruments, including regulations,
orders and directions)?
In answering this
question, you may wish to consider Section 5 of the Explanatory
Memorandum, which contains a table summarising the powers delegated
to Welsh Ministers in the Bill to make orders and regulations,
etc.
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NTfW believes that this is right and
appropriate.
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Question
11 - What are your
views on the financial implications of the Bill?
In answering this
question you may wish to consider Part 2 of the Explanatory
Memorandum (the Regulatory Impact Assessment), which estimates the
costs and benefits of implementation of the Bill.
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As alluded to in Question 8, NTfW is aware that
the funding (initial and ongoing) for Qualifications Wales will be
drawn from the education and skills budget, which is (and no doubt
will continue to be) under pressure from other Welsh Government
budget priorities. Therefore, NTfW strongly advocates that
Qualifications Wales is established and managed within the
knowledge that any budgets allocated draws resources away from the
direct delivery of teaching and learning to learners at all levels
within the education system, and as such, further scrutiny is
required, to ensure that Qualifications Wales represents the best
value for money.
NTfW fully supports the establishment of
Qualifications Wales, as a body independent of government, in order
that it can achieve its vision and fulfil its functions as outlined
in the Bill. However, this most not come at a cost which is
unsustainable, and draws resource away from the delivery of
teaching and learning.
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Question
12 - Are there any
other comments you wish to make about specific sections of the
Bill?
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NTfW notes that one of the stated aims of
Qualifications Wales is “Promoting public
confidence in qualifications and in the Welsh qualification
system” However, it is concerning to note that
within the proposed budget for Option 3 (the preferred option) that
only £50k is set aside for ‘promotion and awareness
campaigns’ (see Annex B to Explanatory Memorandum, table
28) Surely, if Qualifications Wales wishes to achieve this
aim, then a significant increase to this budget line needs to be
made (within the overall proposed budget)?
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