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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The impact of
devolved government and Wales having the authority to develop its
own distinctive education system have created a direction of travel
for Qualifications in Wales that is increasingly different to that
in England. In Westminster political decisions have been
shaping the direction of development of qualifications in England
not always in ways that are compatible with Welsh Government
policy. It seems inevitable therefore that Welsh Government
would want to assume control over this area of policy.
For some time
there has been concern over the vast array of approved
qualifications, particularly in vocational areas, and to have a
Welsh regulatory body take responsibility for simplifying the range
for Wales makes eminent sense.
At this time and
in the context of current Welsh Education Policy there is a need
for this 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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The independence of Quals Wales from direct
political pressure / influence is critical. The development
of a suite of high quality and fit for purpose qualifications
should be a cross-party issue that rises above and is independent
of the government of the day. That such quals. have high
esteem across the UK and are comparable as passports to progression
to HE with quals from other parts of the UK has to be absolutely
guaranteed. At no time can learners in Wales be disadvantaged
by only having access to a constrained selection of
qualifications. The research function attached to Quals Wales
will be key in providing impartial, high quality evidence upon
which to base decisions.
As the world is a constantly changing
environment there is a need to ensure that a priority list or
restricted priority list does not become fossilised and
outdated. There needs to be the scope for innovation in
qualifications and forms of assessment. This exists in the
current competitive quals. market and Welsh Quals must remain at
the forefront of best practice, setting out the parameters for a
high quality experience for learners that is relevant and prepares
them for the next stage in their progression in education, training
or employment however this may look in the future.
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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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§
XXX
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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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Yes.
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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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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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§
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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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If you believe there are problems in this area,
how do you think they could be resolved?
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4
limitations:
The four
limitations are fine but implicit in these is the need to de-couple
Welsh regulation from English / joint regulation. While the
joint approach exists it will always create a limitation on
developing appropriate quals for Wales. This LA has
experience of where quals designed to meet the specific needs of
learners in Wales have been stalled by the economics of Awarding
Bodies in England to the detriment of Welsh learners and
schools. Should this 5th limitation of the current
system be made explicit?
2 principal
aims:
“Promoting
public confidence in qualifications and in the Welsh qualification
system.”
This
is easily stated but the problem is about
“brand”. The public are very slow to adapt to new
suites of quals and to understand what they are. Education
history is littered with the wrecks of one year post-16 vocational
quals that never managed to survive. Developing the Welsh
brand is critical. If, for example, BTECs do not appear under
their brand in the new order, what label will be given to WJEC
vocational courses for 14-19 year olds that will become quickly
recognisable in Wales and valued. The challenge of modifying
public perception and understanding should not be underestimated
– many still talk in the currency of “O” levels
even though they died out decades ago.
8
matters:
Fine.
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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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§
xxxx
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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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Acceptable but to
be developed with caution. There needs to be the flexibility
to respond to change in the system and bring on new non-priority
quals. where these reflect an emerging shift in the demand for
certain types of quals.
The issue with the
“restricted priority” list is the impact on innovative
pedagogy for delivery. One of the delights in times past was
the ability to develop quite radically different specs. that
delivered on the same set of knowledge and skills but through
different delivery vehicles and pedagogical methods. The need
to retain innovation and excitement in the system is important if
sterility is to be avoided.
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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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One reason for developing different specs for a
given subject was to respond to the differing needs of learners and
the communities they come from – one cap does not always best
fit all. So a restricted priority of 1 whilst providing
consistency and uniformity across Wales may not be sufficiently
responsive to all types of learners, ie some may be disadvantaged
by the single approach. Unless, of course, some flexibility
of approach can be built into the design of a qual.
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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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§
xxxx
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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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Content with the
process – again just anxious about the restriction if it is
consistently reduced to 1 (as above).
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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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§
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 7
- How will the Bill
change what organisations do currently and what impact will such
changes have, if any?
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From the
perspective of an LA and its secondary schools it will be business
as usual but with less diversity of quals from which to
choose. If the core (Eng., Maths., Science) all becomes
restricted priority to 1 and there is no capacity for parallel
specs. aimed at different types of learners there may be a risk of
dis-engagement among some learners. Whilst equity of offer is
an important principle the ability to offer a differentiated
curriculum in Key Stage 4 is also important.
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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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As above and Q.5
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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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§
xx
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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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Brand management
and public perception and confidence. A number of Awarding
Bodies have worked hard to develop recognisable high street brands
of quals that are understood and have currency in the minds of the
public.
Beyond this remain
the challenges of Managing Change and developing very smooth
operational practices within Quals Wales to implement the
provisions of the Bill.
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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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Sustained campaigns (TV, radio, press, on-line)
to stamp clearly into the mind of the public the types, nature and
value of Welsh Quals. For example, there are still a number
of schools and parent / student communities across our region who
remain unconvinced of the value of the WBQ despite much effort in
publicising it. This illustrates the challenge faced by WG
and Quals Wales if they are to market a full suite of Wales only
Quals.
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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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§
xx
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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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No.
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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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There is some anxiety around the powers of the
Minister to set minimum requirements for quals. – section 21
(4). This opens up the possibility for direct Ministerial
intervention in the design of quals which could result in a
political shaping of quals. given that the regulation refers to
knowledge, skills or understanding. Whilst any instrument
would need to be laid before the Assembly (see section 50 (2) (a)
), if a government had a clear majority a smooth passage might be a
given. There is a reference in Section 21 (4) to consult with
Quals. Wales and “other persons (if any)”. The
potential absence of any wider consultation on a regulation which
may have a direct and significant impact on the content of a
qualification is concerning.
Consideration should be given to defining more
precisely the limits of a “minimum requirement” and to
compel a Minister to consult more widely on the implications of
such direction.
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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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No specific views to express.
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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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Maintaining the independence of Quals.
Wales is an important issue. There is scope for the
Minister to direct Quals Wales and to step in directly via
“minimum requirements” as indicated above. Are
there sufficient safeguards in this Bill to protect the reputation
of Quals Wales and thereby the trust in Welsh qualifications from
the potential of direct political intervention in matters (ie
qualifications) which should be settled dispassionately and seen to
be above politics by the whole of the Welsh populace and others
beyond our borders. It is about achieving the correct balance
in matters of governance over the qualifications that will be
followed by young people 14-19 in Wales.
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