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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. UCAC
welcomes a Bill that creates an independent body to regulate
qualifications in Wales, and a Bill that takes that role out of the
hands of the Welsh Government. We have long argued that it is
inappropriate for the Welsh Government (or any Government), which
sets policy on education and qualifications, to regulate those
qualifications due to obvious risks relating to conflict of
interest and the negative influence of internal and cross-border
political competition on the credibility of the system.
There is a need to
ensure that the body is independent of the Welsh Government’s
Department for Education and Skills, although it receives its remit
from that Department. We believe that such a body is necessary to
ensure that we have credible qualifications, and that
practitioners, stakeholders and the people of Wales have confidence
in the regulatory system.
It is important to
have a Bill that gives the body legal status and that gives a
robust outline of key issues and puts them on a statutory
footing.
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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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To
ensure:
·
a high-quality qualifications regime
with a variety of qualifications that provide suitable
opportunities for learners in Wales
·
that qualifications have credibility
in Wales and internationally
·
the portability of qualifications
within Wales and internationally
·
that the qualifications regime meets
the requirements of Wales, e.g. when choosing the content of
qualifications to be approved, consideration is given to the labour
market in Wales, Wales’s research needs in the higher
education sector, and cultural and linguistic issues such as the
importance of the Welsh language in the workplace
·
that Qualifications Wales is itself
a bilingual organisation, and that it ensures that the regime is
bilingual, with sufficient Welsh-language resources being
commissioned to support such qualifications (and published at the
same time) as those supported by English-medium
resources
·
that current learners are not
disadvantaged (and do not feel that they are disadvantaged) by the
establishment of the new body or during the transitional
period
·
that there are clear arrangements to
communicate with stakeholders, and that Qualifications Wales will
ensure that teachers and lecturers have access to high-quality
professional development to meet the needs of their pupils in terms
of preparing for external qualifications
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How significant is this issue? (Please select
one option)
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·
a high-quality qualifications regime
with a variety of qualifications that provide suitable
opportunities for learners in Wales
·
that qualifications have credibility
in Wales and internationally, and the portability of qualifications
within Wales and internationally
·
There is a need to ensure
Welsh-medium provision. There is a wide range of subjects available
through the medium of Welsh, with an increasing number of
additional vocational courses available over recent years following
the introduction of the Learning and Skills Measure, although some
providers have been slow to provide courses through the medium of
Welsh. Welsh-medium provision must be at the heart of any new
system. There is still room for improvement regarding Welsh-medium
materials and publishing timeliness. We believe that the process of
ensuring that Qualifications Wales is a bilingual body that
operates bilingually and provides a bilingual service needs to be
planned
·
that there are clear arrangements to
communicate with stakeholders, and that Qualifications Wales will
ensure that teachers and lecturers have access to high-quality
professional development to meet the needs of their pupils in terms
of preparing for external qualifications
It is vital to ensure that these
issues are addressed in order to guarantee standards and important
opportunities for learners in every sector in Wales.
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·
that current learners are not
disadvantaged (and do not feel that they are disadvantaged) by the
establishment of the new body or during the transitional
period
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2
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3- Ensuring the independence of Qualifications
Wales. There is a need to ensure the credibility of the
Regulator’s role and, in the wake of this, the credibility of
qualifications in Wales. This is vital, but the Bill will tackle
the issue of independence, and that is the only reason for defining
it as a minor problem.
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4
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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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Yes.
On the whole, the
Bill achieves the objectives set out in the Explanatory Memorandum,
e.g. issues regarding its establishment as an independent body, and
the need to meet the needs of learners. We believe that it is vital
to ensure that we have an independent body, and the relationship
outlined between the Government, the Assembly and the body offers a
model that can work in this regard.
On the other hand,
we firmly believe that there is a need to ensure that
Qualifications Wales gives due and necessary regard to
‘promoting and facilitating the use of the Welsh language,
including through the availability of assessment arrangements that
provide for assessment through the medium of the Welsh language,
and of qualifications that otherwise promote or facilitate the use
of the Welsh language’, as set out in Part 2, Section 3(2)(b)
of the Bill.
Mention is made in
the Bill of the desirability of this approach. It must be stressed
that this is not only 'desirable'; it is essential in respect of i)
a body that will serve Wales, and; ii) priority qualifications, on
a national basis. The current system, which puts Welsh-medium
providers, educators and candidates at a disadvantage in respect of
some qualifications, particularly vocational qualifications, cannot
continue. It is therefore necessary to strengthen this aspect of
the Bill, so that Welsh-medium provision is more of a core element
on the face of the Bill.
We also recognise
that it would be possible for a new body of this kind, by
regulating qualifications in Wales only, to put students in Wales
at a disadvantage by not garnering confidence and by not ensuring
qualifications that equate to those in other countries.
Nevertheless, we are confident that the Bill grants the new body an
opportunity to develop qualifications that are appropriate,
challenging and equivalent to those in other countries.
The Bill also
tries to protect students during the transitional
period.
The memorandum
explains the intention to divide the Welsh Government's vision for
Qualifications Wales into two parts - the intention to create a
regulatory body, which is included in the Bill, and the intention
in the future to develop awarding powers. This is not part of the
Bill, of course, and UCAC would like to take this opportunity to
state that we remain concerned about the proposed transfer of
awarding powers in due course. We do not believe that it is
appropriate to combine awarding powers with the responsibility to
ensure quality. The combination of 'regulatory + awarding'
responsibilities is just as dangerous—and has the same
potential to be harmful—as the combination of 'regulating +
making' education policy, which we have at the moment.
Certainly, having
a category of qualifications labelled restricted priority
qualifications is one clear way of ensuring relatively fair
qualifications/data in terms of qualifications in our country;
however, it is clear that only one awarding body, at present, can
ensure that every qualification objective is delivered
It should be noted
that winning the political battle in the press is the only way to
ensure confidence in the qualifications system in Wales, and that
it is unfair to say that the ‘main criterion for the success
of this legislation is the confidence experienced by employers, HE
providers, those delivering qualifications, learners and the wider
public about the qualification system in Wales.’
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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4 – Not a problem.
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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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Yes, on the whole,
though the wording needs to be stronger in certain areas, e.g. in
respect of references to Welsh-medium provision (see question
2).
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If not, what
changes do you believe need to be made to the Bill?
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The wording needs
to be stronger in certain areas, e.g. in respect of references to
Welsh-medium provision.
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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4 – Not a problem.
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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, on the whole.
We note that the Explanatory Memorandum acknowledges that the list
of eight matters is an incomplete list. However, the two principal
aims and the list address the four main limitations of the current
arrangement, though there is perhaps a case for placing greater
emphasis on the learner in the list. It would be possible to add
the following to Part 2, Section 2(c): "...qualifications that are
available to the learner, including vocational
qualifications… "
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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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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We accept the
need, and understand the rationale, for these categories. We accept
that the proposals are appropriate. Nevertheless, we believe that,
overall, it would be advantageous to provide a wide and suitable
range of qualifications for candidates in Wales, wherever
possible.
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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.
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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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4 – Not a problem.
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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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We are uncertain
about some aspects of the process. The Bill appears to address the
necessary issues and objectives, especially in terms of ensuring
equivalence, but there needs to be appropriate
progression.
Perhaps limiting
this to one qualification provider could create different
challenges. Questions arise in terms of having a monopoly; also, is
there a risk that the Welsh Government could have too great an
influence on the methods of assessing a subject if there is only
one provider? On the other hand, perhaps the English-medium and
Welsh-medium sectors will be in a similar situation for the first
time regarding choice of courses and quality of support and
resources.
It will be
necessary to ensure adequate time for commissioning, in order to
ensure that qualifications of a high quality can be developed in a
timely fashion.
It seems that the
Bill contains an opportunity for the market, though it is not
entirely clear how this will work in practice.
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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4 – Not a problem.
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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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Despite the
assertion ‘that it is not likely that there will be any
detrimental effects on competition in the qualifications
market’, it is clear that the qualifications market in Wales
will cease to exist, to all intents and purposes. The simple fact
is that only one body (as things currently stand) will be able to
achieve all of the objectives of the legislation, in particular the
need to meet ‘the reasonable needs of learners in
Wales’ and the issue of ‘promoting and facilitating the
use of the Welsh language, including through the availability of
assessment arrangements that provide for assessment through the
medium of the Welsh language, and of qualifications that otherwise
promote or facilitate the use of the Welsh language'. We see no
reason to oppose this. Indeed, because of how vital it is to
provide for both of our country’s languages, we do not
disagree with it. Furthermore, we see benefits in legislating to
ensure a limited number of providers for one qualification, as we
want to see qualifications that have equivalence and results that
can be compared.
It is inevitable
that the Bill will have a major impact on schools that, at present,
have a choice of several qualification providers. It is true that
the majority of our members will not be detrimentally affected in
this respect; the current situation is messy, especially in terms
of trying to compare qualifications. We support the proposed
change.
We recognise that
it is ‘an overriding concern that the qualifications
represented by Qualifications Wales should be well regarded across
its borders, particularly in England, where many Welsh students aim
to travel for education or employment purposes.’ However, we
are content that Welsh Government will legislate to ensure that a
different education system is provided in Wales to meet the
different needs of Wales. We do not accept the need to see a
‘negative impact regarding the practicality of studying for
and attaining Wales’ qualifications very close to the border
where pools of potential students or employees come from two
distinct qualifications systems and where any poor level of regard
for Wales’ qualifications would create a disadvantage for
Wales’ learners’ opportunities.’ There is an
opportunity here to offer qualifications that are challenging and
that are recognized internationally. The challenge is to market
them in an effective manner.
We can only see
positive outcomes in terms of those organisations that use Welsh.
The only way to ensure ‘a living language: a language for
living', to ensure that attention must be paid to ‘promoting
and facilitating the use of the Welsh language, including through
the availability of assessment arrangements that provide for
assessment through the medium of the Welsh language, and of
qualifications that otherwise promote or facilitate the use of the
Welsh language', and to ‘promote and facilitate the uptake of
Welsh language qualifications’ is by making the body fully
bilingual from the outset. This is would be a major and positive
step forward.
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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4 – Not a problem.
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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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We are not of the
view that there are major barriers, and we acknowledge that
sufficient consideration has been given to trying to ensure the
independence of the body.
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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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2 – This is a problem that
needs to be addressed.
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3 – This is a minor
problem
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4 – Not a problem.
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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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We accept that it
is within Wales’s legislative competence, and we are pleased
that it is.
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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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We have no
objections in terms of the powers that are being conferred. We
acknowledge that it will be necessary to give Ministers some
statutory powers. There should be full consultation on any
subordinate legislation and guidance.
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