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.
Past GCSE fiasco’s have
demonstrated that there is, or at least will be, a concern about
the legitimacy of Welsh Qualifications should the Welsh Minister
retain the power to regulate awarding bodies. That the Bill
proposes this transfer of power to an independent body is much
needed and welcomed. It is also pleasing that the body will
be reporting to the National Assembly for Wales rather than simply
to the Minister. This should ensure a politically neutral
approach to Welsh Qualifications.
The make-up of the body will
need to have the confidence of the wider education sector.
With that in mind it would be preferable if the teaching profession
are at the heart of discussions around the role of Qualifications
Wales and the changes it will bring to Welsh education.
Having an independent body to
oversee qualifications should eliminate any oversights that have
previously occurred, specifically with relation to GCSE English,
which have undermined the credibility of the system at times in the
past.
Within the Bill it is
expressed that there would be a hope that requirement to publish
information to stakeholders will lead to further engagement.
We believe that it would be more appropriate to insist on this
taking place as part of the Bill, thus placing a remit on
Qualifications Wales to undertake that process.
It would be advisable to
ensure there is a detailed list of stakeholders, including trade
unions, to which the body must consult. Leaving this as a
vague list to be determined by Qualifications Wales could result in
accusations that the body is not engaging efficiently or that
engagement is not centred on a proper element of challenge to the
practices of the body.
We have long since argued, as
have other trade union colleagues and stakeholders, that the body
should not be given awarding powers. The regulation and
awarding roles need to be separated. That they haven’t
been in the past is one reason there have been high profile issues
with results. Splitting the roles has been a positive step
and should not be allowed to change in future.
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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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As above
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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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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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On the whole this appears to
be the case.
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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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§ X
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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
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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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§ X
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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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For the most part the Welsh
Government has identified the key issues. There will remain a
concern that the regulating role and awarding role could eventually
come together under the remit of Qualifications Wales and there
also remains a concern as to how public confidence is retained by
the new 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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Including a
commitment in the Bill that Qualifications Wales will never
undertake a duel awarding and regulatory role would be a step to
tackling the first issue outlined above.
Ensuring
confidence in the system requires a more subtle approach as this
will need to be achieved through demonstrating the high quality of
qualifications over a long-term period; communications with the
education sector, employers and further education institutions and
highlighting the independence of the body.
Of course
permanently splitting the regulatory and award roles will in the
first instance be a step in the right direction of public
confidence.
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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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Question 5
- What are your
views on the proposals for determining ‘priority
qualifications’ and, within these, ‘restricted priority
qualifications’?
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There may need to be greater
work done to show how this works in practice before any serious
comments can be made as to support or criticism for the
proposals.
We would also wish to have
assurances around how this would impact on different learners;
different subject leaders and a commitment to reviewing the
proposals at an early stage to measure the impact they would
have.
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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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Greater details outlined
within the explanatory memorandum.
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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 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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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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§
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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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This is unclear at present but
we would expect limited or no change for learners and
teachers.
It is important that any
changes are based on consultation with the profession and that they
are impact assessed throughout the process to ensure that they are
not creating unintended problems for the sector.
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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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Strengthen the need for consultation within 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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§ 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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Delivery of any new policies,
initiatives or projects is proving hugely difficult in the existing
financial climate. Establishing a new body will undoubtedly
be expensive and will impact on other areas of the education
budget.
Several recent reviews of
Welsh Government policies have highlighted how implementation has
been flawed due to the pace of change being too fast and an
inadequate provision for training and support. These should
be primary considerations in the establishment of Qualifications
Wales, especially considering the vital
importance of getting the
first few examinations correct.
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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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Adequate
provisions put in place for funding, time and expertise.
Review the
entire education budget for Wales.
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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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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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This is
within the competence of the National Assembly for Wales as far as
we are concerned.
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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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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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Establishing
a new body will cost. We are already seeing significant
impacts on education standards due to in-year budget cuts levelled
at the education budget. No doubt schools will be forced to
make redundancies in the near future and standards will be impacted
further. Any additional, or unplanned, expenditure will hit
the ability of schools to deliver the highest standard of
education.
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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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It is
absolutely imperative that Qualifications Wales remains independent
of Welsh Government and that the role of regulator and awarding
body remain separated. These two guiding principles should be
at the very heart of this process for the new body to retain the
confidence of the education sector and the wider public.
While it is
wholly appropriate for the Welsh Government and Qualifications
Wales to have a close working relationship, and to share concerns
and criticisms, these should always be done in a formal and on the
record manor to have a paper trail of accountability.
There exists
come confusion about whether the jurisdiction for vocational
qualifications will fall under the remit of Qualifications
Wales. Definitive clarity on this issue would be
advisable.
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