Will the cabinet secretary clarify what particular concerns she has with the drafting of that amendment?

If it is not a function of the inspectorate or qualifications Scotland to look at how we can create a smooth learner journey and ensure that we follow the experience of our young learners and other learners throughout the education system, I do not know whose function it would be. I understand that it could be quite a process and I do not underestimate the work that might be involved, but it is an important aspect of creating a coherent and supportive education environment for children and young people, particularly in qualifications.

My amendments in the group seek to pick up on a number of points, which I will take the committee through.

We have heard from various organisations and people working in the education system of difficulties with data sharing that mean that there are questions not only about how we can expand access to measures such as free school meals but about how we can widen access for people from poorer backgrounds and people with protected characteristics and care experience. Some of the pilots that have been carried out, particularly those in the north-east, have identified that data-sharing arrangements can be a barrier to progress.

The other aspect that is important to mention is that a unique learner number might make possible a much smoother learner journey. The learner number would follow young people through their education. If, for example, they needed support in their exams, that requirement could be attached to the learner number. Another example would be of a young person with additional support needs moving to another school. That approach would remove some of the responsibility from families for being project managers in their children’s lives, which can be really tiring and cumbersome. It would also allow authorities and others to identify what that particular person needs or wants.

The learner number could provide strong coherence all the way through the education system from when a young person enters it in the early years to when they conclude their learning journey—if we ever conclude it.

Amendment 244 seeks to require that the strategic advisory council advise qualifications Scotland on whether the creation of a unique learning number and consequential data sharing between schools, colleges and universities would support the aims of education in Scotland. It is important to note that the minister and the cabinet secretary have recognised in committee that there could be value in doing that, but both of them stopped short of saying that they would progress that or try to put it in place. My amendment seeks to require that that work is done and enable us to get the Government’s view of that on the record. The approach would allow us to make a little more progress towards sensible data sharing and coherence in the system.

There is also the option of amendment 328, which would require the strategic advisory council to provide advice on whether the creation of a unique learner number and consequential data sharing between schools, colleges and universities would support the functions of the chief inspector.

Members have two options to consider on the approach. One relates to the strategic advisory council in qualifications Scotland and the other relates to the chief inspector. What I propose could be a useful role and function for both of them; they would probably have a view on those issues.

Which part of the bill makes it clear that Education Scotland will be on the strategic advisory council?

At the risk of using the wrong language—I hope that I am using the right language—what is the intention of the cabinet secretary for those regulations and the parliamentary scrutiny of them?

In the interests of time, I will be as brief as I can. My colleagues Sue Webber, Willie Rennie and Miles Briggs have spoken about the chief inspector’s independence. We have heard a lot of evidence in committee about that, and the evidence that Sue Webber cited a moment ago from Professor Donaldson, about the independence of the chief inspector, was compelling.

The amendments seek to rebalance the relationship between the Government and the scrutiny function by making the chief inspector accountable to the Scottish Parliament, which is the right forum in the interests of transparency, oversight and public trust. Recent reforms to other scrutiny and oversight bodies have, rightly, focused on reducing direct ministerial control, and it is only right that Scotland’s education inspectorate be held to the same standard of democratic independence.

This is not about weakening accountability; it is about putting the accountability in the right place. Ministers should not oversee the body that scrutinises their own practice. The chief inspector must have the freedom to act decisively, report openly and enforce change when needed.

My intention is not to compel the sharing of specific data. This is about creating the landscape in which data sharing could be promoted more easily.

A lot of the support for this sort of approach has come from further and higher education institutions and comes out of the pilot programme looking into how we could include information for the widening access programme beyond just the Scottish index of multiple deprivation. My understanding is that the institutions would be supportive of this approach.

As I said, the amendments would not compel them to share particular data. The suggestion is that a unique learner number could smooth the way for the future development of such data sharing, if that was required.

My amendments to section 6 aim to embed collaboration into the culture and the legal framework of Scotland’s education system.

The failures of the past, which have been documented, have resulted in a level of disconnected policy making that has meant that curriculum, learning and assessment, and qualifications have been somewhat kept in silos. We have ended up with a situation in which the curriculum has not always been driven by what young people want to learn in the classroom, what we need them to learn for the future or what the teaching profession and employers think that they should learn, but has been driven, in fact, by the needs of assessment. We have all recognised that, and it is one of the reasons why it is important that we take on board the reviews. My amendments in this group aim to begin to correct that situation.

My amendments 232 and 243 would establish a two-way duty of collaborative relationships between the new body, qualifications Scotland, and Education Scotland, so that we can create a system whereby, in effect, the assessment is driven by the curriculum rather than the other way round. That is really important. Although the organisations have standing relationships with different parts of the sector, we know that those relationships could be stronger and that, in places, they have fallen short.

A collaborative relationship between qualifications Scotland and Education Scotland is crucial. It is also what the OECD, and independent reports such as those by Ken Muir and Louise Hayward, said was needed, and it could enable progress towards a culture of collaboration and the coherence across learning, assessment and qualifications that most of us agree is needed.

My amendment 233 would strengthen the collaboration duty of qualifications Scotland by requiring it to work in collaboration with others, rather than to have “regard to the desirability” of doing so. Sometimes, we can get bogged down in semantics, but the bill’s language on collaboration is really important. To have a situation whereby national agencies that operate in the education landscape need only

“have regard to the desirability of ... collaboration”

is too weak. Amendment 233 would amend section 6(2) to say that qualifications Scotland “must work” with other bodies in order to create the coherence, collaboration and consistency in the system that everybody knows that we need.

I move amendment 232.

I intend to press amendment 234, because I think that I have support for it and I feel that it is an important amendment. I will not move amendments 235, 240, 237 or 239 at this point, on the basis that Stephen Kerr’s amendment is preferred and I think that it does what mine was seeking to do anyway.

On amendment 240, I am compelled by Ross Greer’s argument about the language of terms such as simplicity, simplified and constant simplification, and I am keen to work to find another mechanism or another way of saying what I think we both agree is necessary at stage 3.

The outcome will be the same, because I will not move amendment 240, but I am not as convinced by the cabinet secretary’s point about the responsibility for coherence.

If there are too many bodies organising different aspects of qualifications, there is no leadership. That is part of the problem that we have seen in education in Scotland. I am not convinced by the cabinet secretary’s argument, but I will work with Ross Greer ahead of stage 3 on an amendment that I think could carry the support of Parliament.

On the basis that the cabinet secretary is prepared to work with me to look at how we could have regard to developments in knowledge and skills, while looking at the language around that, I will not move amendment 235.

Amendment 234 agreed to.

Amendments 34, 235 and 4 not moved.

Amendments 54 to 56 moved—[Jenny Gilruth]—and agreed to.

Amendment 5 not moved.

Amendment 6 moved—[Ross Greer]—and agreed to.

Amendments 240 and 236 to 239 not moved.

Section 7, as amended, agreed to.

After section 7

Amendment 241 not moved.

The conversation around data sharing is, of course, a complicated one; I think that we all understand that, including me. That is one of the reasons why the amendments seek to ask the qualifications body, or the inspectorate, to look at whether doing either of the things that the amendments propose would be useful for progressing education in Scotland.

I also think that the unique learner number has broader benefits than just the enabling of data sharing. However, it would be an important aspect of what we could do to bring coherence to the learner journey.

I take the cabinet secretary’s point about the candidate number. As she has identified, there are other ways in which we could track the pupil experience. However, there are too many different ways in which to do that, and my attempt is to bring one way into the system.

On the basis of the cabinet secretary’s tentative preparedness to discuss at least the learner number, if not the data sharing aspect, I will not press amendment 244, and I will not move amendment 328 at stage 2, but I would like to discuss the matter further ahead of stage 3.

Amendment 244, by agreement, withdrawn.