19:25 - The Committee divided: - Ayes: 229 / Noes: 303 - Question accordingly negatived.
19:39 - The Committee divided: - Ayes: 227 / Noes: 310 - Question accordingly negatived.
21:00 - The Committee divided: - Ayes: 319 / Noes: 222 - Question accordingly agreed to.
21:13 - The Committee divided: - Ayes: 223 / Noes: 315 - Question accordingly negatived.
21:59 - The House divided: - Ayes: 0 / Noes: 0 - Question accordingly agreed to.
Roberta Blackman-Woods
I am quite sure that the previous Government were setting precise and specific standards for home education, because it is really important to ensure that children’s education is protected when they are being educated at home.
I shall return to amendment 4. It is important that time should be given to consulting all the relevant groups in an area that will be affected by a new academy. I find the Liberal Democrats’ position on this issue rather confusing. The academy that we were hoping to establish in my constituency has been stopped by the Government. It was supported by the local authority, in partnership, and backed by the university of Durham. It had huge support in the local community. It took some time to work through with the local community what the arrangements would mean, but once that had been adequately explained and they had asked their questions of the relevant partners and got the answers, everyone was clear about the way ahead. The parents and teachers were also very clear that they wanted an ongoing relationship with the local authority. If the Bill goes through unamended, as seems likely given the parliamentary process that is being adopted, it will be impossible for parents to have their points heard or to maintain their desired relationship with the local authority. I therefore urge hon. Members to support amendment 4 and amendment 78, so that proper consultation arrangements can be put in place.
I also want to speak to amendment 77, which relates to the timing of the consultation. When I first read clause 5, I thought that there must be something missing. Surely no one could be suggesting that it is appropriate to consult after an academy order has been made. That is clearly ludicrous. When I discussed this with people in my constituency at the weekend, they suggested that we should perhaps applaud the Government for being up front and honest about the fact that they were not going to hold consultations or pay any attention to any consultations that were held. Obviously, if a consultation takes place after an order has been made, they are not going to pay any attention to it. So perhaps the Government are just being honest in clause 5, and saying that, as they are not going to pay any attention to any consultation, it does not matter whether it takes place before or after an academy order is made.
The Minister of State, Department for Education (Mr Nick Gibb)
Did the hon. Lady not hear the answer given my hon. Friend the Member for North Cornwall (Dan Rogerson), which is that the academy order is not the final moment in the conversion process? The final moment involves the funding agreement, which takes place after the academy order is made, so there will be plenty of time for the consultation to take place.
Roberta Blackman-Woods
I did hear that answer, but many of us fear that, at that point, the process will already have gone too far in a particular direction for it to be stopped. In any case, the Government should adopt best practice, but it is not best practice to carry out a consultation when all but the very last stages of a decision process have already been completed. It would be more honest of the Government to admit that this clause had been inserted in the other place, that they did not want it in the Bill in the first place, and that there is no intention whatever to consult outside the governing bodies. Significantly, they should also admit that no attention will be paid to the outcome of any consultation exercise. This is not what the Government should be doing; it is not good practice.
Mr Gibb
May I help the hon. Gentleman by saying that schools that do wish to convert this September must have submitted their applications by 30 June, so there will be time before the beginning of the schools’ summer recess for consultation to take place? In addition, the consultation is not required to terminate by September; it can go on through the autumn until the funding agreement is signed. So there is plenty of time, both before the summer and after it, for this important consultation to take place.
Vernon Coaker
I am afraid that the Minister is just asserting things; there is no fact in what he just said. How many schools are going through this process? What are they actually doing to consult? Are they sending a letter to every parent? Are they holding parents’ meetings? Are they going out into the community? Are leaflets being sent round? Are other schools involved in this? Are other governing bodies involved? Is the local authority involved? What does what the Minister has just said mean? The reality is that none of us knows.
Bill Esterson
The hon. Gentleman is trying to put words into the mouths of many Members. I think he is talking a load of nonsense on that point, but it was a nice try.
One of my concerns about leaving it to governing bodies to decide about consultation is that they, understandably, feel that it is their duty to support head teachers. Sometimes, however, the head teacher gets their own way through strength of personality and the governing body may not apply the degree of scrutiny and challenge that it should, although I am not saying that is always true because many governing bodies work extremely well in genuine partnership with their head teacher. The reason I support the amendments proposed by the hon. Member for Southport (Dr Pugh) is that the situation I described, together with the potential for financial benefit for head teachers, could create the possibility for conflict of financial interest, which would be wholly undesirable. There is concern about the potential for financial gain for head teachers and the lack of scrutiny in some governing bodies, although by no means all—I stress that point. It is important that we get the legislation right at this point, before things go wrong, rather than rushing it through with the danger that such problems might arise.
The hon. Member for Portsmouth South (Mr Hancock) and the former Chair of the Select Committee, the hon. Member for Huddersfield (Mr Sheerman), made important points about schools being a key part of their community. Although governing bodies are representative of certain parts of the community, they do not represent the wider community, which is why the provisions of the School Standards and Framework Act are a good guide. The fundamental problem with the Bill is that if consultation is not held until after the initial decision, it will be apparent to the local community that there has been a fait accompli. The danger is that once the train has left the station, it will be very difficult to put the brakes on.
Mr Gibb
This group of amendments deals with consultation. We have always made it clear that we expect schools to consult on their proposals for conversion to academy status, which is why we were happy to amend the Bill in the other place to put that provision on the face of the legislation. As Lord Adonis said, during the passage of the Bill in the other place,
“it is very unlikely that an academy proposal will be a success if it does not have a very wide measure of support from the parental body, the staff body and the wider community.”—[Official Report, House of Lords, 21 June 2010; Vol. 719, c. 1230.]
As a result of persuasive arguments put in the other place, principally by Liberal Democrat peers, the Government tabled the amendment that led to clauses 5 and 10. I pay particular tribute to Baroness Walmsley for her determination to put consultation on the face of the Bill.
Amendment 8 would require that if any member of a school’s governing body objects to the school’s application for academy status, the parents of children at the school must be balloted. The purpose of the Bill is to allow schools that wish to do so to apply for academy status. The Bill is permissive rather than coercive. The arrangements for governing body decisions are set out in the School Governance (Procedures) (England) Regulations 2003, which state that every question to be decided at a governing body meeting must be determined by a majority of votes of those governors present and voting, and no decision can be taken without due discussion. Furthermore, at least a third of the membership of the governing bodies of all maintained schools is made up of parents. That means that the views of parents will clearly be considered during the governing body’s discussions. In addition, clause 5 requires a school’s governing body to consult on its proposals to convert to an academy. In practice, we believe that means that parents will be consulted and will have the chance to make representations about the proposals.
Dan Rogerson
The Minister is setting out his vision for the Bill and talking about the role of governing bodies. We did not have the opportunity to reach that clause last week because time defeated us. Is he able to confirm whether he has looked at the issue of how many parent governors there should be on future academy governing bodies?
Mr Gibb
I am happy to do so. We shall be coming to the relevant clause later in the debate, but I have been persuaded by my hon. Friend’s arguments, and as a result of his representations, and those of other people, we intend to amend the model funding agreement to raise the number of parents on governing bodies from one to a minimum of two.
Requiring a ballot of all parents of pupils at the school would unduly politicise the process.
Vernon Coaker
I welcome the concession the Minister just made. The Committee has run very well without being churlish about such things, and there are many other aspects we agree with, but that is an important step forward.
Caroline Lucas
At the risk of being churlish, why is the democracy such an issue? The point was made that if you were to—[Hon. Members: “He”]—if he were to have a proper election, it would—I am sorry. A moment ago, the Minister said that if you were to increase the governors—
Mr Gibb
I think I have taken the hon. Lady’s point. Requiring a ballot of all parents of pupils at the school would unduly politicise the process and would enable those who are ideologically opposed to academies—I do not accuse the hon. Lady of that—to use the process either to agitate against the proposals or to try to delay the implementation of the decision. That would place unnecessary burdens on the governing body of the school.
Amendment 10 relates to the financial interest of governors. I reassure the Committee that there are restrictions on people taking part in the proceedings of governing bodies of maintained schools. They are clearly set out in the well-known School Governance (Procedures) (England) Regulations 2003, which provide that where there is a conflict between the interests of any governor, associate member or head teacher and the interests of the governing body that person must disclose the interest, withdraw from the meeting and not vote. If one of those individuals has a financial interest in any matter, he or she must disclose it, withdraw from the meeting and not vote. If there is any dispute as to whether a person must withdraw, the other governors must decide on the matter.
There are important safeguards that apply both before and after conversion to academy status. They mean that there is no need for an amendment specifically to disallow a governor from leading the consultation, as under existing law governors cannot participate in decision making on issues that concern their remuneration or benefit. That is a fundamental principle of charity law, and all academies are charities. I can also confirm that the model articles of association ensure that no governor can make any financial gain in his or her role as a governor.
Nicholas Soames (Mid Sussex) (Con)
Will the Minister clarify that, by and large, these proceedings and procedures have worked very well and have presented very little difficulty in this regard?
Mr Gibb
Yes, my hon. Friend makes a very good point. The type of people who become school governors are motivated by one issue only—the school of which they are governors; they want to raise standards and are concerned about that school.
Several amendments—including amendments 78, 77, 9 and 86—would require the governing body of a maintained school to consult on their proposals to become an academy before applying for an academy order. Clause 5 requires, as I have said, that the governing body of the school
“must consult such persons as they think appropriate”
on the proposed conversion. The consultation may take place before or after an application for an academy order has been made in respect of the school or after an academy order has been granted. This will allow each school to determine when it has sufficient information on which to consult and at what point during the application process it wishes to do so. Schools are, after all, in the best position to determine when and how consultation should best take place, and they may not want to approach parents or others until they have firm proposals.
The only requirement is that the consultation must be held before the funding agreement is signed, since at that point the school will be legally committed to the conversion process. Academy orders, though a step along the way, are not irreversible and we therefore believe that there is still value in a school consulting after an order has been made. At that point, the school is in no sense bound to convert, so it is not the case that any consultation of parents or others would either be not meaningful or too late, as the hon. Member for Gedling (Vernon Coaker) suggested it would be in last week’s debate.
Mr Gibb
Of course, and it is up to the school to decide. I was going to come on to the guidance later. It is published on the departmental website and it sets out precisely what guidance the governing bodies should adhere to. It states:
“It will be for the Governing Body of the school to determine who should be consulted, although schools should consider involving local bodies or groups who have strong links with the school.”
It sets out various elements such as: information on the school’s website, a letter to all parents explaining the proposal, a meeting for parents, a newsletter for parents and asking for views from parents to be sent in writing to the school.
Ian Mearns
My hon. Friend the Member for Gedling (Vernon Coaker) pursued this issue earlier, when he spoke about the ability of schools in the list to go ahead and become academies in September. If the Bill is passed—we assume it will be, given the parliamentary numbers—orders will be made and consultation will have to take place before the funding agreement is in force. If schools are to become academies in September—assuming this idea has not been completely abandoned—it means that the consultation will happen all through August. Is my understanding correct?
Mr Gibb
It is possible for an academy order to be issued in September, while the details of the funding agreement are still being negotiated. These things are very complicated, and it might take several weeks after the academy order is issued before the funding agreement is signed, so the consultation process can continue after the academy order has been issued.
Mr Iain Wright
We really need clarity on this very important point. As I mentioned earlier, paragraph 7 of the explanatory notes states:
“The Secretary of State expects that a significant number of Academies will open in September 2010”.
Is the Minister now suggesting that academies will open without a funding agreement being in place?
Mr Gibb
The school can continue with an academy order made. That is the point. The academy order can be made in September, but the funding agreement might take several additional weeks afterwards—[Interruption.] No, the school will be open; children will be able to attend a school and an academy order will have been made.
Sammy Wilson
I thank the Minister for giving way and for his further clarification of the purpose and usefulness of consultation after the order has been made, but does he not accept that once an order has been made, many of those who might have had an interest in the consultation might well deem that there has been a done deal so that the consultation is meaningless? I say that despite the Minister’s assurances today, because the flag locally will be whether or not an order has been made to declare a school an academy.
Mr Gibb
I am grateful for that intervention, as it enables me to repeat that the deal is not done until the funding agreement is signed. That has always been the case: it was the case under the previous Administration and it is the case today. It is the funding agreement that is key.
Let me turn my attention to amendments 78, 4 and 18, which seek to prescribe with whom the school must consult. The Government believe that the individuals who lead schools—the governors and the head—are best placed to make decisions about their schools. They are the ones who know the local area, the local circumstances of the school and how it relates to other schools in the area. We do not intend to be prescriptive over whom schools should consult, as schools will have different views and the level of information they want or can make available at the time of consultation will depend on the point at which they do it. If they consult at the very beginning of the process, they may consult only on the principle of conversion itself. If they consult at a much later stage, they may want to consult on a wide range of additional matters—the curriculum, governance arrangements or a specialism for the academy, for example—on which they may by then have firmer views.
We trust the school to determine how to consult and whom to consult, and we do not intend to provide an inflexible checklist, which would not, in itself, ensure that consultation were any more meaningful. This includes consultation with the local authority, as amendment 18 would require. We do not intend to give local authorities a role that could, in some areas of the country, undermine the Government’s policy—as we know, this has been the case in the past. We do not want to provide local authorities with an opportunity to delay or frustrate applications via the consultation process. The Department’s website, as I mentioned earlier, includes guidance on good consultation practice.
New clause 1, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), would allow schools that have become academies to return to maintained status if 10% of the parents of the pupils at the academy vote in favour of it. Of course, the academies programme is about freedoms and lack of prescription, so an academy could choose, if it wished, to run itself like a maintained school. The academy could willingly act in such a way that for all intents and purposes, it would be a maintained school, operating with all the restrictions and requirements that apply to them—including the academy buying back services from the local authority and choosing not to use its curriculum or staffing freedoms. Therefore there would be no need for it to change its status for it to be run in a way that is equivalent to a maintained school.
We expect all schools that apply to become an academy to be fully committed to the academies programme. Before becoming an academy, the governing body of the predecessor school will have taken account, as I have said on numerous occasions, of the views of the parents and pupils at the academy.
Let me deal briefly with some of the comments made during the debate. My hon. Friend the Member for Southport (Dr Pugh) raised the issue of the new politics, which he said that he, like me, supports. I believe that the coalition involves discussion, concessions and change, which we have seen during the passage of the Bill. The coalition is delivering the kind of politics demanded by the public. Today, the coalition has delivered its promise to introduce a pupil premium. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather) has today tabled a written ministerial statement announcing a consultation process on the implementation of the pupil premium.
My right hon. Friend the Member for Wokingham (Mr Redwood) took us back to the halcyon days of Lady Thatcher, which I know he likes to do from time to time, as do we all. My right hon. Friend is absolutely right that we need to trust teachers and head teachers and that we need to give parents a genuine choice that will serve as a powerful force to raise standards.
My hon. Friend the Member for North Cornwall (Dan Rogerson) is right to point out that it is the funding agreement that is the key and the binding moment in the conversion process towards academy status. Schools wishing to convert in September had to apply by 30 June and we expect that those schools most keen to convert in September will already have embarked on consultation. That is what the Department has advised. There is nothing to stop such enthusiastic governing bodies from continuing to consult through July and the summer holidays, and it is inconceivable that they will have kept such matters from parents, when parents are represented to the tune of one third of governors on such bodies.
My hon. Friend the Member for Brigg and Goole (Andrew Percy) is absolutely right that the governors of a school, particularly the parent governors, take their responsibilities very seriously. They care deeply about the school and would not take forward the process of acquiring academy status without taking into account the views of the community, whether or not a particular part of the community were represented on the governing body.
The hon. Member for Wigan (Lisa Nandy) made the important point that schools are at the heart of the local community, and we agree that they should be, which is why the funding agreement specifically states that academies should be at the heart of the community and share facilities with it. She also raised the issue of the risk to governing bodies of a legal challenge, but clause 5(1) requires them to consult those people whom they think appropriate, and to a large extent, therefore, it is up to the body to decide whom it should consult. Provided that its decision is reasonable, it is unlikely to face a legal challenge.
The hon. Member for Gedling asked for the number of schools that have applied. Those that want to convert in September must have applied to do so by 30 June, but that does not mean that others will not also have applied by that date, and we do not believe that all those that have applied will necessarily be in a position to convert by September. We want to ensure that the process is right, and we will not allow conversions until all issues have been resolved.
The hon. Gentleman also asked where we are with the TUPE negotiations. Employers of staff at schools seeking to convert will be at different stages, depending on when they intend to convert, but TUPE requires the consultation on the transfer of employment to be sufficient, and it will apply outside the Bill in any event. Any proposed September convertors will have been advised to begin a TUPE consultation some time ago, at the outset of their consideration of the application.
Finally, the hon. Gentleman asked about the details of the academy order. It will state that a named school will convert to an academy on such date as is specified in the funding agreement. It is a very short document, and with those few remarks I urge hon. Members and my hon. Friends, when asked, to withdraw their amendments.
Dr Pugh
I shall say a few words before putting amendment 8 to the vote. Ministers have been fairly quiet throughout the large part of this debate, and I cannot be alone in sensing a certain embarrassment about some aspects of this legislation and the manner in which it has been pressed.
My hon. Friend the Member for Portsmouth South (Mr. Hancock) said to me during my earlier contribution that the real reason for weak consultation and no balloting is that it is all about making the establishment of academies easier, and at the time I said that that was uncharitable. Having listened to the counter-arguments, however, I am not sure that he was not after all right and me a little naive.
The ministerial argument against ballots was that they would politicise, but one does not need to be very bright to realise that that is a general argument against any ballot, any time, any place. The right hon. Member for Wokingham (Mr. Redwood) suggested that we would know the parental view from informal soundings, and to some extent that is correct, but he was unable to explain how that could happen before September, when schools are closed for the holiday. Indeed, if that is such a good, sure-fire method, why do we persist with ballots before changing a grammar school’s status? People were completely unable to answer that, or why primary, secondary and special schools should not have the same privileged legal position.
No one answered the comments from the hon. Member for Beverley and Holderness (Mr. Stuart), the Chair of the Education Committee, even though they were repeated. I shall repeat them again: he described the consultation arrangements as appearing like a charade. I recall working for a boss who used to listen to his heads of department, gather them all around, very carefully solicit their views and conclude by saying, “I hear what you say.” After that, he would do precisely what he wanted to do in the first place.
The hon. Member for Brigg and Goole (Andrew Percy) suggested that parents will be able to vote not necessarily by ballot but with their feet. I describe that as the Burmese school of democracy: “If you don’t like it, you can get out and go somewhere else.” He was quite right that governors generally and usually have a good awareness of and good contact with parents, and that they are likely to know quite a lot about how they might feel and react, but the clear point is that that is not invariably the case. Were it invariably the case, every grant-maintained ballot would have been won, but many were lost. Indeed, the hon. Member for Sefton Central (Bill Esterson) and I come from an area where all the grant-maintained ballots were lost.
If Members wish to disempower parents, if people in this Chamber genuinely believe in post hoc consultation, and if they object to rational amendment in the Commons, they should vote against my amendment. I can do nothing about that, but if they think differently I should like them to agree to amendment 8.
Question put, That the amendment be made.
Vernon Coaker
I beg to move amendment 82, page 3, line 11, at end insert—
‘(1A) An application under subsection (1) shall be in such form and shall contain such particulars as may be prescribed in regulations.’.
Vernon Coaker
I will be interested to hear why the Minister thinks that the amendments are unacceptable. Before that, it is important to say that, in the previous debate, there was a massive change in Government hope and expectation for their flagship academies policy. They have retreated from claiming that hundreds of new academies will open in September to saying that hundreds or a large number of academy orders will be agreed. The Secretary of State did not outline that as part of a flagship Government policy, which was for significant numbers of new academies to open. The policy is chaos, confusion and a complete shambles. Hon. Members of all parties will find it unbelievable that we now have a Government commitment to a significant number of academy orders, with consultation to follow. Significant progress has therefore been made as we have exposed the flaws in many aspects of the Bill. However, a Minister coming to the Dispatch Box and admitting that the Government’s aims and objectives will not be realised is astonishing.
I do not want to take up too much of the Committee’s time on the amendments. I should simply be grateful if the Minister explained why he thinks that they are unacceptable.
Mr Gibb
The amendments would collectively have the effect of increasing the burden of regulation associated with the academy conversion process. They propose several sets of regulations as well as a requirement that academy orders be made by statutory instrument. Hon. Members will recognise that that would take the Government’s policy in the opposite direction from our proposals. We want to deregulate when regulatory burdens are not only stifling innovation, but costing time and therefore money to achieve compliance. We want to give schools freedoms to allow them to focus on raising standards. Adding bureaucracy to the process is the last thing that we want.
Amendments 81 and 82 would introduce regulations that prescribed the contents of applications for academy orders and the criteria that the Secretary of State applied when deciding whether to make them. We do not believe that it is appropriate to regulate the contents of applications for academy orders. The Department already provides clear guidance on its website about the conversion process and the various steps that a school needs to take. The website also includes an application pro forma, which covers all the necessary information to enable a decision to be made. The Government have made it clear that they will apply a rigorous fit and proper person test in approving any sponsors of an academy.
The Secretary of State will consider applications from schools that wish to become academies and, in each case, confirm whether he is content for the conversion proposal to proceed to the next stage. If he is, he will make an academy order. In doing that he will, of course, take account of the relevant information before him, but he expects to approve most applications from outstanding schools. Those schools will make up the first wave, and we will publish the criteria for other applicants—the next wave—on the Department’s website.
Before issuing an academy order, the Secretary of State will undertake checks to ensure that the school is in a position to become an academy. That is important because academies operate with greater autonomy than other schools and need to be in a secure position to do so. We will check whether there has been any significant change since the school’s last outstanding Ofsted rating.
Mr Mike Hancock
Does my hon. Friend anticipate the criteria being changed from those that are currently applied to the raft of academies that is going through the process and the academies that he expects to go through shortly? Will the basic criteria be changed for future academies? He suggested that they would be published, but how different will they be?
Mr Gibb
The criteria will be different because the fast-tracking is confined to schools that are graded outstanding. When they have gone through the process, we will relax the criteria to enable other schools to do so. My hon. Friend will recall that the Secretary of State sent letters to all schools in the country. The criteria that I just mentioned apply to fast-tracking. There will be different criteria for the process once the first wave has gone through.
Issues that the Secretary of State will check include whether the school has a substantial budget deficit, whether there are PFI arrangements relating to the school and whether the school is already part of reorganisation proposals. Depending on the outcome of discussions, that may have a bearing on whether and when the Secretary of State can approve an outstanding school’s progression to the next stage. When an academy order is made, the Secretary of State must give a copy to the governing body, the head teacher and the local authority. If the application is rejected, the Secretary of State is required to inform the governing body, the head teacher and the local authority of his decision and the reason for it. It will therefore be transparent and clear why and when a school will be permitted to convert and when it will not.
However, the first stage of the process—the academy order stage—is just that: it permits a school to convert, but does not require it to do so. We need to be clear that, for many proposals, the greater detail and the final stage of the process will come later, when the Secretary of State decides whether to enter into a funding agreement with a proposed academy. It is only on signing the funding agreement that the conversion becomes legally binding. We therefore believe that prescription of the form and content of academy orders in secondary legislation is unnecessary and too bureaucratic.
An academy order is the means whereby a school’s conversion into an academy is enabled. The intention behind amendment 83 is that an academy order be made by statutory instrument, which would have to be laid before Parliament. Academy orders are intended to be the legal means whereby an individual school converts to academy status. They will contain key pieces of information that are pertinent to the conversion, but are highly specific to the circumstances of each school. It would not be a good use of Parliament’s time to require each order for each and every school to be tabled. The use of the negative resolution procedure would also be highly disruptive to any school, since the period of 40 days during which the order could be prayed against in this House or the other place would leave the school with no certainty about whether the conversion could go ahead.
In any event, the hon. Member for Gedling (Vernon Coaker) will be interested to know that the Lords Delegated Powers and Regulatory Reform Committee issued a report on the Bill, dated 17 June. I am sure that he knows it well, given that he has been so assiduous in scrutinising the Bill and all the accompanying documents. As he predicted, it states about the provision:
“this seems to us to be reasonable. Each order affects only one school and there is provision for those affected to be provided with copies. We agree… that these Orders are not really legislative in character and we see no reason why Parliament would want to have any control over them.”
For those reasons, I urge the hon. Gentleman to withdraw the amendment.
Vernon Coaker
It is a very good job that the Minister has persuaded me that statutory instruments of any sort—negative or affirmative—are unnecessary, otherwise he would not be able to announce academy orders in September. I intend to ask leave to withdraw the amendment, but I return to a point I made earlier. I provoked the Minister at the beginning of this debate, but in both this debate and the debate on the previous group of amendments, I note that he has not put any figure at all on the number of schools that he expects to become academies. That now seems to have gone down to almost nought, because the aspiration now is to introduce large numbers of academy orders.
The Minister of State, Department for Education (Sarah Teather)
He was talking to his wife.
Mr Hancock
Yes, I was a bit thrown by that. I do not know if there was a domestic going on—
Mr Iain Wright
May I begin by saying what a pleasure it is to serve under your chairmanship, Mr Hoyle?
I will be brief, because my hon. Friend the Member for Hemsworth (Jon Trickett) and the hon. Members for Portsmouth South (Mr Hancock) and for North Cornwall (Dan Rogerson) have said all that needs to be said about amendment 54. I welcome the amendment, which was tabled by my hon. Friend. He has rightly expressed the concern about the risk that community facilities—provision that could and should be used by partnering schools or the wider community—could be stopped as a result of an academy order. All three hon. Members who have spoken in this debate have said how important such facilities are to social cohesion.
A further point is that in times when public finances are tight, the potential saving from having extended schools with those provisions is immense. There could be savings to the NHS, from having that social network in place, to the Home Office and police budgets, from early intervention, or to the social care budget. Those savings could be huge, and they all stem from the idea of an extended school that opens out into the community, providing an open and collaborative range of offers. However, there is nothing in the Bill that might safeguard that. I am concerned about that, which is why I welcome the amendment. I know that it is a probing amendment, as my hon. Friend said. However, I hope that the Minister can reassure the Committee that what is in the Bill will safeguard what is available for the community, because the whole of society can benefit as a result.
Mr Gibb
Amendment 54 seeks to ensure that each academy order contains provisions that make the school’s facilities available for community use once the school has converted to an academy. We agree on the importance of schools being at the heart of their communities. We would want to encourage the community use of school facilities. That is why the model funding agreement, which has been made available in the Libraries of both Houses and on the Department’s website, requires academies
“to be at the heart of their communities and to share their facilities with other schools and the wider community”.
That could include a wide range of initiatives—for example, making the school’s sports facilities available for local groups to use, offering adult education after hours, and engaging staff in outreach work across other local schools. It is clear from the provisions in academy arrangements that we are committed to academies being a central resource to their local communities. That is also borne out by our expectation that all outstanding schools commit in principle to working in partnership with a weaker school, as part of their applications to become academies.
However, it would not be appropriate for every academy order to make such provision. Academy orders are intended to be the documents that confirm a school’s conversion, and will contain key pieces of information pertinent to the conversion, depending on the circumstances of each school. We believe that the place to impose obligations on an academy is through the academy arrangements, in either the funding agreement or the terms and conditions of grant. That is consistent with the approach of the previous Government.
The hon. Member for Hemsworth (Jon Trickett) talked about the gym and the sports facilities in his local school, and asked whether it could be made a requirement that there should be no less provision to the community than existed at the date of the transfer. He wanted to put that in the Bill, which I have explained would be excessive. He also raised the issue of the fees charged for those sports facilities. Again, his fear is that an academy would raise those fees in order to raise further funds for the academy or the school. However, all the issues that he has raised are issues for the funding agreement. There is no reason why those facilities cannot continue. If the issue is shared facilities between the school and the local authority, these will be subject to discussion as part of the conversion process. On the wider issue of charging, charging that is allowed is limited, as he knows, and will be equivalent to the money that maintained schools are also entitled to raise for out-of-hours-type activities.
I suppose that the issue at the back of the hon. Gentleman’s mind is the concern that somehow academies will be less community-minded than the maintained schools that they replace—that somehow they will gouge out those facilities used by local residents or the out-of-hours evening classes that they attend. I see no evidence from the academies that I have visited around the country that that is their attitude. They are just as much a part of the community as the maintained schools that they are replacing.
The hon. Gentleman should be assured, certainly on the basis of the statements that I am now making to the Committee, that it is not the Government’s intention that academies should become islands unto themselves, charging the maximum that they can to raise funds for their facilities. They will continue to be part of the community, concerned about the community, and wanting to share their facilities with the community.
I want to turn now to the points raised tangentially by my hon. Friends the Members for Portsmouth South (Mr Hancock) and for North Cornwall (Dan Rogerson). They both raised the issue of community cohesion. It is our view that the funding agreement will already include that requirement, using the phrase that I have just read out about being at the heart of the community and sharing facilities with the community. I am also able to help my hon. Friends by adding to the funding agreement an explicit requirement that academies will be required to be at the heart of their communities, to promote community cohesion and to share their facilities with other schools and the wider community. I hope that, in the light of those few words and the arguments that I put forward earlier, the hon. Member for Hemsworth will withdraw his amendment, which he described as a probing amendment.
Dan Rogerson
My hon. Friend raises an important point. He has intervened on both the hon. Member for Hartlepool (Mr Wright) and me, and he will no doubt want to raise his question with the Minister when he responds—indeed, the Minister may well wish to do address it in any case. When talking about fears being allayed, the particular point I was addressing was to do with community cohesion, which is very important. It is about the way in which the existing maintained schools, the new academies that have transferred over and other new school provision that is offered will interact and relate to the surrounding community. There has been a bit of progress on that, which I welcome.
On the tempting invitation from the hon. Member for Hartlepool to support the Labour amendment, I must say that their conversion comes a little late on some of these issues. As my party colleagues, my hon. Friends the Members for St Ives (Andrew George) and for Redcar (Ian Swales), have already said in this brief debate, in respect of how the relationships emerge most of the provisions were in existence and operation under the previous academies programme. I do not think there is any huge difference therefore. The only difference is that this is someone else’s academy programme, not that of the hon. Gentleman.
Mr Gibb
Amendment 79 would require the Secretary of State to consult all those listed in the amendment before making an academy order in respect of a maintained school. As I have mentioned a number of times, clause 5 already requires the governing body of a maintained school wishing to convert to academy status to consult on its proposals. That provision was included in the Bill in response to concerns raised in the other place and in order to demonstrate the importance that this Government attach to consultation. I believe, therefore, that it is unnecessary and inappropriate, not to mention impractical, for the Secretary of State to consult on those same proposals. It should be the school’s decision to become an academy, except in those cases where the school is eligible for intervention. It is our aim to reduce any unnecessary bureaucracy surrounding the academy conversion process, and I believe that potentially duplicating consultation would fall into that category.
We have made it very clear that we believe that schools are in the best position to determine how best consultation should take place. That includes deciding who should be consulted, although some guidance is provided on the website as to who is consulted, and when and how that should be done. We do not intend to provide an inflexible checklist, such as that proposed in this amendment, which would not, in itself, ensure that consultation was any more meaningful.
New clause 7 would mean that before a school makes an application for an academy order or an academy arrangement with an additional school, a local authority must be asked to assess the impact of academy status on admissions, on funding between all publicly funded schools and on social cohesion in the local authority area where the school is situated. It would also mean that before making an academy order or an academy arrangement with an additional school, the Secretary of State would be required to have regard to the impact assessment.
Clause 9 requires the Secretary of State, when deciding whether to enter into academy arrangements with an additional school—an entirely new or “free” school—to take into account the impact of such a school on the existing schools and colleges in the area. We believe that requiring the local authority to consider the impact of an additional school as well is unnecessary and will simply result, again, in the duplication of work. The clause does not include provisions for the Secretary of State to assess the impact of schools that convert into academies. We are clear that schools should convert “as is”; in most cases, it will be the same head, the same staff, the same parents and the same children in the school, but with additional freedoms to innovate and raise standards. Furthermore, the requirement for converting schools to consult means that those other schools in the area may have the chance to make representations on the proposed conversion. Where schools convert “as is” we do not believe, therefore, that the nature of the change is such that there is any need for an impact assessment.
Andrew George
The Minister will have heard my two interventions about the availability of an appeals process where an admissions policy excludes potential pupils from a school before they have been able to gain admission to the school. Under the current arrangements, in most areas the parents can appeal to the local authority if they feel that the decision is unacceptable. What arrangements will apply where an academy has been set up?
Mr Gibb
My hon. Friend will know that the admissions code will apply just as much to academies as to maintained schools, that the admissions appeals code will also apply just as much to academies as to maintained schools and that the co-ordination arrangements will apply too. So the local authorities will hold the ring on admissions in the same way as they do at the moment.
Mr Iain Wright
I may be pre-empting what the Minister is going to say. He has been talking about existing maintained schools converting to an academy, using the phrase “as is” and he mentioned that schools would have the same head, the same estate and so on. New clause 7(1) states:
“Before a school makes an application for an Academy order or”—
this is the point on which I seek clarification—
“an Academy arrangement with an additional school”.
That refers to a free school. Will the existing arrangements still apply in respect of a free school too? Could the Minister provide clarity on that?
Mr Gibb
I shall seek to do that during the rest of my speech. If I do not get round to the hon. Gentleman’s point, I shall write to him.
We believe that the impact of an increase in academies and the freedoms they provide will lead to improvements in standards across the education sector as the best heads and the best schools drive improvements and expertise. The noble Lords were concerned about schools changing their age range and the Bill was amended to allay those concerns. Subsection (4) of clause 9 makes it clear than when a maintained school becomes an academy under the current school closure processes, further to the Education and Inspections Act 2006 and not further to an academy order, when the age range is not like-for-like, the school would be classed as an additional school, so the Secretary of State would be required to evaluate the impact. That would include, for example, an academy created as a result of the amalgamation of two or more schools or an 11-to-18 academy that replaced an 11-to-16 maintained school, if that involved a closure rather than a conversion. Any school wishing to add a sixth form would need to follow the relevant statutory provisions.
The answer to the question whether the admissions code and the appeals code will apply to free schools, too, is yes, it will. The problem with the Minister’s opening remarks—
Mr Gibb
Sorry, the shadow Minister. It is all very new.
The problem with the shadow Minister’s speech in moving the amendment was that it was written, I think, before he heard of the Government’s intention to put in the funding agreement an explicit requirement to promote community cohesion. On top of that, it already requires academies to be at the heart of the community. He cited the Liberal Democrat manifesto commitment that local authorities will not run schools. That is a view common throughout the coalition and we also agree that local authorities should be the champion of parents and pupils, championing school improvement and challenging rather than defending underperforming schools. In an old politics kind of way, he is trying to drive a wedge into fissures in the coalition where no fissures exist—and he is doing so unsuccessfully.
The point made by the hon. Member for Gedling (Vernon Coaker) about excluded pupils is wrong. He alleged that the funding for an excluded pupil stays with the academy. The funding follows the pupil when the pupil is excluded and that is a requirement in the academy agreement.
With those few words, I hope that I have persuaded Opposition Members and those elsewhere to withdraw their amendments.
Mr Iain Wright
I apologise to the Minister on the subject of the concession that he has made on social cohesion and community cohesion in the funding agreement. I had meant to mention that, but I was wrapped up in helping Liberal Democrats. I apologise; that is a welcome concession.
The hon. Member for North Cornwall (Dan Rogerson) went so far in tempting me to think that he does not agree with academies, but then he pulled back considerably. He mentioned, rightly, that coalition—like all politics—is a question of compromise and negotiation, but I think that the Liberal Democrats are getting a bit of a raw deal in the coalition agreement when it comes to education policy. I will readily admit that today there has been the announcement on school funding and the pupil premium and I am pleased to see the Minister of State, the hon. Member for Brent Central (Sarah Teather), on the Treasury Bench. I pay tribute to her for pushing that forward.
In every other sense, the emphasis has been on Conservative party policy, with an emphasis on free markets. There has been a rush to the markets and a lack of consultation with and consideration for the wider community that is at odds with what the Liberal Democrats want. I shall still provide the hon. Member for North Cornwall and his hon. Friends, who seem readily poised to join us in the appropriate Lobby, with the opportunity to ensure that the commitments that were made in the Liberal Democrat manifesto in the general election, only a matter of weeks ago, can still be fulfilled.
I am not content with the Minister’s explanations in terms of new clause 7. I think it is very important and I will want to press that to a vote, but I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 4 ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Clause 16
Pre-commencement applications etc
Question put, That the clause stand part of the Bill.
Mr Gibb
We have had an interesting week of debates on the Bill, and I thank all hon. Members who took part, particularly my hon. Friends the Members for Penrith and The Border (Rory Stewart) and for South Basildon and East Thurrock (Stephen Metcalfe), who made their maiden speeches during these debates. I should also like to thank the Minister of State, Department for Education, my hon. Friend the Member for Brent Central (Sarah Teather), for her help, and the right hon. and hon. Members on the Opposition Front Bench for their careful and thorough scrutiny of the Bill.
I thank officials in the Department for the long hours that they have spent on the Bill during its passage through the other place and this House, and for their support of my right hon. and hon. Friends. We should also thank the Chairs of the Committee: Mr Evans, Mr Caton, you, Mr Deputy Speaker, and Ms Primarolo, whom my hon. Friend the Member for Portsmouth South (Mr Hancock) lovingly referred to as “Miss P”. I am grateful to my noble Friend Lord Hill, who skilfully steered the Bill through the other place just days after being appointed a Minister, and to my hon. Friends and noble Friends who have improved the Bill and the model funding agreement in both the other place and this House.
Throughout the process we have been keen to listen to concerns, particularly, though not exclusively, those of our partners in the Liberal Democrat part of the coalition. Amendments in the other place have given children with special educational needs greater rights to admission to academies than existed in previous academies legislation, and new requirements for funding for low-incidence special needs have been added. New duties to consult have been included in clauses 5 and 10, and the Secretary of State will now be obliged by statute to take into account the impact on other schools of any new school established under the Bill. That is now in clause 9.
My noble Friends have added greater parliamentary accountability through an annual report to Parliament, which will also enable us to analyse issues of concern to my hon. Friend the Member for North Cornwall (Dan Rogerson), such as the viability of primary schools that opt for academy status. He made a compelling case for increasing the number of parent governors, so as I mentioned earlier, the model funding agreement will be changed to increase the number from one to two. Opposition Members have successfully ensured that the funding agreement includes a requirement for looked-after children to have a designated member of staff.
Bob Russell (Colchester) (LD)
Will the two parent governors be elected by other parents or appointed?
Mr Gibb
My understanding is that they will be elected, but if I am proved wrong I will write to my hon. Friend.
After 22 hours in Committee and nine hours on Report in the other place between 7 June and 13 July, and after 19 and a half hours of Second Reading and Committee in this House, not including this afternoon and evening, we finally reach Third Reading of a Bill that, in the words of my right hon. Friend the Secretary of State,
“grants greater autonomy to individual schools…gives more freedom to teachers and…injects a new level of dynamism into a programme that has been proven to raise standards for all children and for the disadvantaged most of all.”—[Official Report, 19 July 2010; Vol. 514, c. 24.]
I shall start by saying what the Bill is not about. It is not about a “full-scale assault” on comprehensive education—a ludicrous claim by the shadow Secretary of State in The Guardian on Saturday. We believe in comprehensive education and are committed to it, and the Bill will strengthen it. Nor is it about scrapping the admissions code, another spurious claim about the Government’s education policies by the shadow Secretary of State. We are committed to fair admissions through the code, and all academies will be bound by it through the model funding agreement.
Nor is this Bill about the creation of a two-tier education system. Two tiers are what we have today—the best performing state schools and the worst. The independent sector, which educates just 8% of children, is responsible for 44% of all A* grades in GCSE French. It educates just 10% of 16-18 year olds, but is responsible for 35% of all A grades in A-level physics.
The Bill offers all schools the opportunity to acquire the kind of professional freedoms that have proved so successful not only in the independent sector, but in the city technology colleges and in academies. After 20 years of independence, CTCs are among the most successful schools in the country. On average, in those schools, 82% achieve five or more GCSEs at grades A* to C, including English and maths. In those academies that have been open long enough to have had GCSE results in 2008 and 2009, a third have GCSE results that improved by 15 percentage points compared with their predecessor schools.
There have been 1,958 expressions of interest from schools in all parts of the country. Of those 1,071 are from schools graded outstanding by Ofsted. Many of the heads and governing bodies of those schools are hungry for the freedoms in the academies legislation that the previous Administration introduced. They are in a hurry to have them by September and, for those schools that are ready and able, so are we.
We are in a hurry because we do not think that it is right that 40% of 11-year-olds leave primary school still struggling with reading, writing and maths. It is not acceptable that nearly three quarters of pupils eligible for free school meals fail to get five or more GCSEs or equivalents at grades A* to C, including English and maths, or that 42% of those eligible for free school meals fail to achieve a single GCSE above grade D.
I know that there are some concerns among hon. Members of all parties about the future role of local authorities if all schools become academies. However, I should point out that there are 203 academies out of 3,300 secondary schools and some 17,000 primary schools. It will be many years, if at all, before all those schools acquire academy status. The Bill is permissive, not prescriptive or mandatory. We see a new and stronger role for local authorities emerging over the years as champions of parents and pupils, challenging rather than defending underperforming schools. My right hon. Friend the Secretary of State has established a ministerial advisory group to take that forward and written to all education authorities seeking views.
The Bill is the first step in the coalition’s ambitious plans to raise standards in all our schools. We want parents not to have to worry about the quality of education that their children will receive at their local school. We want behaviour in all schools to be as good as in the best. That is why we are clarifying and strengthening teachers’ powers and abolishing the statutory requirement for 24 hours’ notice for detentions. We want a teaching profession with renewed morale and confidence, no longer struggling under the yoke of monthly Government initiatives and ever-demanding bureaucratic requirements.
The Bill is about trusting the professionalism of teachers and head teachers. It is about innovation and excellence, about giving parents a genuine choice and children the opportunity for a better future. It is a short Bill, but its impact will be long lasting. I commend it to the House.
Ed Balls
The fact is that our academies were disproportionately set up in disadvantaged communities. They disproportionately took in more children on free school meals than the catchment area required, and they achieved faster-rising results than the average. That was social justice in action; what we are seeing with this Bill is the opposite. The freedoms and the extra resources in the Bill are going to outstanding schools, not schools that need extra help. They are going to schools that have more children from more affluent areas, fewer children with free school meals, and fewer children with special needs and disabilities, even though they will get pro rata funding. That is not social justice being put into action; it is social injustice. That is why the Bill is deeply offensive to people on the Opposition Benches and, I think, probably to many on the Government Benches as well.
Ed Balls
If the hon. Gentleman looks at the facts over the past decade, he will see that of the 20 local authorities that had the biggest increase in results, half were in the poorest 10% of boroughs in the country, all of which were in London. The London Challenge programme and our academies focused on tackling disadvantage. Of course there is a long legacy of social division and inequality in our education system. We were addressing it; the Government are going to re-entrench it. That is the difference.
Let us look at the amendments that—[Interruption.] The Secretary of State, who chose not to participate in this Third Reading debate—[Interruption.]
Ed Balls
In that case, Mr Speaker, I will make no reference to the fact that a requirement that the admissions code should attach to such schools was excluded from the Bill, nor will I refer to the fact that parental consultation could have been strengthened, but that that was ignored.
Let me come to the substance of the Bill as we find it. The thing that worries me most is this—
The Secretary of State for Education (Michael Gove)
That Unite backed Ed Miliband.
Ed Balls
The right hon. Gentleman makes his jokes, but as Secretary of State he is, in my view, presiding over the most profoundly unfair piece of social engineering in this generation, and in the end he will be ashamed of what he has done this evening and over these past few days. That is my strong view. The contemptuous way in which he has treated the House of Commons in recent weeks is a matter of great shame to him as well.
In any case, the Liberal Democrats appear to have completely forgotten their manifesto, which declared that
“we will ensure a level playing field for admissions and funding and replace Academies with our own model of ‘Sponsor-Managed Schools’. These schools will be commissioned by and accountable to local authorities and not Whitehall”.
However, the Bill entirely removes any role for local authorities. We are told now by the Schools Minister that there will be a new ministerial advisory group. However, the fact is that cutting out the role of the local authority will mean that there will be no check on the pressures for free market schools to lead us not just to massive unfairness, but to what we fear will be much greater social segregation in the coming weeks, months and years. I fear a new education social apartheid arising from this Bill.
I am very fearful, and that is why I say to Government Members that this Bill is the greatest threat to our state education system in 60 years. It is a Bill of great significance, but it has been rushed through in a way that is an abuse of Parliament. As I said a moment ago, I think that the Secretary of State should be ashamed of himself. This evening we challenge the coalition, Conservatives and Liberal Democrats alike, to put a halt to this deeply ideological, free market experiment before it is too late, and to vote against the Third Reading of the Bill.