Education, Children and Young People Committee 03 December 2025 [Draft]
We will discuss the apprenticeship levy in later groups of amendments, but the fact is that the situation is not as Stephen Kerr sets out. It is more complicated and challenging than that, but I will comment on the apprenticeship levy specifically later.
Last week, I acknowledged, in answer to a general question in the chamber, that there is unmet demand. Indeed, one of the reasons for taking this primary legislation through the Parliament is to have a better arrangement for meeting unmet demand in the period ahead. I would also point to the support that the bill has had from the Federation of Small Businesses, which represents the many businesses in the SME sector that are very supportive of the bill. The current system is quite challenging for some SME businesses, and we want to improve the system for them. That is one of the strong reasons why the Parliament passing the bill is the right thing to do, and I look forward to Stephen Kerr’s support at the end of stage 3.
On a wider point, I do appreciate that Stephen Kerr and I did not have any engagement ahead of stage 2. Obviously, I engage with all members of the committee, but, if Stephen Kerr would like to engage with me ahead of stage 3, I would be happy to facilitate that and to listen to him.
Amendment 108, in the name of Miles Briggs, would have no effect; the SFC would, in any case, have to specify the amount of grant that it awarded to a local authority. The bill gives ministers the power to set out in regulations the criteria for a person to be a training provider, and SDS funds a broad range of such providers. Indeed, sometimes the employer is the training provider.
Amendment 110, in the name of Miles Briggs, would potentially preclude some employers and other forms of training providers.
Amendments 111, 112 and 118, also in the name of Miles Briggs, also attempt to delegate the SFC’s duty to secure Scottish apprenticeships and work-based learning to colleges and to do so on a regional basis. The amendments would allow colleges to act as managing agents, and they attempt to restrict the managing agent fee that colleges can retain.
The bill does not prevent a college from acting as a training provider, and, therefore, as a managing agent, but it would be a very significant departure from current arrangements and would lack the statutory processes and safeguards that apply to the SFC in managing funding. There is also a danger that there would not be coherent provision across Scotland. I am supportive of creating a strong regional partnership, something that I know that Miles Briggs is exercised about, but I believe that that can be done through the bill’s existing provisions and the 2005 act. Therefore, with respect, I am not able to support the amendments.
Amendment 113, in the name of Daniel Johnson, embodies reasonable points about value for money, transparency and fair work practices. However, it is not clear whether the amendment would exclude colleges, given that they are public sector bodies. It is also unclear how the SFC would assess what constitutes value for money and what mechanisms would be used to assess transparent spend. In any event, it is likely that to prescribe fair work practices in such a way would be beyond the legislative competence of the Government and the Parliament, as we discussed last week in relation to other amendments.
I do agree with the intent behind amendment 114, in the name of Pam Duncan-Glancy, but I ask her not to move it, so that I can consider the framing ahead of stage 3 in relation to amending section 20 of the 2005 act.