Order, Order

We turn now to a vote on the Apprenticeships (Wales) Bill.

Apprenticeships (Wales) Bill

A BILL TO

Make provisions for reforms to Apprenticeships, to ensure protections are in place for Apprentices, and for connected purposes.

Section 1: Definitions

(1) In this Act, unless specified otherwise,

(2) ‘Apprentice’ refers to the definition as established under Section 3(1).

(3) ‘College’ shall refer to the education institution that an Apprentice attends as part of the non-practical portion of their education

(a) In the event that an Apprentice attends a secondary school for the non-practical portion of their education, ‘college’ shall still be the applicable word.

(4) ‘Apprentice Supervisor’ refers to an employee at a college (as established above) as established under Section 5(1).

(5) ‘Employer’ refers to the employer of the apprentice.

Section 2: Repeals

(1) Where any existing legislation conflicts with this legislation, this legislation supersedes the existing legislation and shall repeal it insofar as it conflicts.

(2) Any repeal, revocation, or extinguishment enacted by any repealed provisions shall remain repealed, revoked, or extinguished.

Section 3: Apprenticeship Requirements

(1) ‘Apprentice’ shall refer to an individual who is;

(a) Sixteen years of age or older,

(b) Works with qualified staff to gain job specific experience

(c) Is given time for a non-practical portion of their education equivalent to at least twenty percent of their normal working hours.

(2) Apprentices shall not require an offer of employment or to be employed to be considered for an Apprenticeship

(a) The offer of or existing employment refers to prior to the offer of or commencement of an apprenticeship.

(3) The Employer may request proof of relevant qualifications before making an offer of an Apprenticeship.

Section 4: Advertisement of Apprenticeships

(1) When advertising an Apprenticeship, the Employer must;

(a) Clearly and plainly state;

(i) The hours worked per week

(ii) The required qualifications

(iii) The pay offered

(iv) Any potential risks associated with the job

(b) Include an adequate description of general responsibilities per year of employment

(c) Indicate which college the Apprentice would be studying at

(d) Include the location of employment

(2) An Employer may choose to advertise through the college, in which case the college must also abide by the above rules.

(3) Section 4(1a) and 4(1b) may be omitted as a requirement where the advertisement

(a) Is on a poster or a billboard in a public place

(b) Is within a newspaper or magazine

(4) If any information is omitted the employer or college must endeavour to provide this information at an interview or in an alternative manner.

(5) The Secretary of State may, by order in the negative procedure, amend Section 4(1).

(6) The Secretary of State may, by order in the negative procedure, amend Section 4(3).

Section 5: Apprenticeship Safeguards

(1) There shall exist at all Colleges within Wales that offer an apprenticeship a dedicated individual, or multiple, to safeguard Apprentices.

(a) This individual may be an existing member of staff or one may be hired expressly for this purpose.

(b) All apprentices must be made aware of:

(i) The identity of the Apprentice Supervisor

(ii) The role of the Apprentice Supervisor

(iii) The location of the Apprentice Supervisor (ie an office)

(iv) How to contact the Apprentice Supervisor.

(v) How the college ensures apprentices are aware of the above is the responsibility of the college.

(c) This individual shall be trusted to deal with potentially sensitive information.

(2) ‘Valid Reason’ shall be considered as:

(a) Discrimination on the basis of (non-exhaustive):

(i) Religious belief

(ii) Political Opinion

(iii) Racial Group

(iv) Age

(v) Sex

(vi) Sexual Orientation

(vii) Disability

(ix) Gender Identity

(x) Pregnancy

(xi) Marital status

(b) Breach of contract

(c) Illegal activities

(d) Deliberate placement of Apprentice in harm’s way without any required equipment or safety gear

(e) As deemed essential by the Apprentice Supervisor.

(3) An Apprentice may contact the Apprentice Supervisor at any time with concerns regarding their placement

(a) The Apprentice Supervisor must respond to the initial contact within a week of the Apprentice raising concerns.

(4) If the Apprentice Supervisor has reason to believe there is Valid Reason that the Apprentice is at risk at their workplace, they must seek to intervene.

(a) This intervention could include, but is not limited to:

(i) Direct intervention by the Apprentice Supervisor

(ii) Lodging a complaint with the company the Apprentice works at

(iii) Taking legal action on behalf of the Apprentice

(1) This shall come at no cost to the Apprentice

(2) The college may seek financial recourse from the local government for assistance.

(3) The college may also fund the legal action in whole or in part.

(a) In the event that legal action is successful, the college may request recourse from the opposing employer to reimburse legal costs.

(4) The Apprentice may also seek financial compensation as part of the settlement

(b) The intervention must be measured and in response to the risk and Valid Reason.

(5) In the event successful intervention occurs, the Apprentice is not permitted to be dismissed by their workplace.

(a) If the workplace makes attempt to dismiss the Apprentice on the basis of the intervention, this action may be legally challenged.

(b) The challenge may be submitted by the Apprentice Supervisor.

(6) Throughout the process of intervention, the Apprentice Supervisor must ensure that the Apprentice is aware of the ongoing situation.

(a) This must include the facts as they are

(b) The Apprentice Supervisor must ensure the Apprentice is contacted at least once per week with relation to the intervention.

(i) In the event the intervention has not progressed, the Apprentice must still be made aware of this.

(ii) The Apprentice Supervisor may delay contacting the Apprentice if they have reason to believe that doing so will ensure that within 24 hours there will be further information.

(iii) The maximum gap between contact must be at most two weeks.

(iv) If the Apprentice Supervisor has not made contact, the Apprentice has an obligation to report this to management at the College who may pass this information on.

(v) A week is considered to be Monday to Sunday inclusive.

Section 6: Apprenticeship Fund

(1) There shall exist a fund for the purposes of supporting businesses with apprenticeships.

(2) Businesses may make an application to the Welsh Government to access some funding from this fund.

(3) The fund may be used in relation to apprentices and apprenticeships, including (but not limited to);

(a) Hiring more apprentices

(b) Supporting businesses who already have apprentices if they are suffering financial issues in order to maintain the apprenticeship

(c) Purchasing any necessary equipment for use during the apprenticeship

(d) financial rewards for the apprentice, eg for good work

(4) The relevant Welsh Minister may, by order in the negative procedure, amend section 6(3) to insert or remove such uses of the apprenticeship fund as necessary.

Section 7: Short Title and Commencement

(1) This Act may be cited as the Apprenticeships (Wales) Act 2023

(2) This Act comes into force six months after Royal Assent.

This Act was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, on behalf of Llafur Cymru. This Act is inspired by the Apprenticeships (Northern Ireland) Act 2022 and the Apprenticeships Act 2023 by the same author.

Opening Speech:

Presiding Officer,

I rise in support of this bill. This marks the third chamber I have presented a similar bill to, owing to its usefulness and versatility to be expanded in different areas to comprehensively raise standards.. Section 5 is the portion of the bill that has survived through multiple iterations, and owing to its importance I will refer to my previous arguments in support of this.

“[Section 5] seeks to implement safeguards for Apprentices in the workplace beyond what normal employees are entitled to. By establishing a figure (or figures) who are responsible for protecting Apprentices at the college they attend for the non-practical portion, we ensure that items of concern can’t get lost in the bureaucracy of education institutions. Furthermore, it ensures that support is provided for an Apprentice who may be unaware of precisely what courses of action they have available to them. The list of potential interventions is, I stress, not exhaustive, meaning that an Apprentice Supervisor may take the action they deem appropriate and in line with the concern of the Apprentice.”

Section 4 creates requirements for apprenticeship advertisements so that the apprentice is aware of what goes into working there. While some items may be omitted, the employer must ensure that this information is provided in the interview or in an alternative manner.

New to this iteration is Section 6, the Apprenticeship Fund. Its purpose is to assist businesses who take on apprentices with anything it may need, including assisting with retaining apprentices, purchasing equipment, and more.

Apprenticeships are a useful tool for upskilling or reskilling our population to give our modern economy and workers the tools for success. I am steadfast in my support of this. Ensuring that they are appropriately protected is key to encouraging more people, young and older, into apprenticeships. I hope to see swift passage of this bill.

Link to the Debate

Voting on this bill will end at the close of business on 18th of June at 10pm BST