Education Bill

Baroness Jones of Whitchurch Excerpts

Tuesday 14th June 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his introduction to the Bill. He has done the best that he can to enthuse us but the Bill is heavy with structural change and light on what really matters—the delivery of high standards in every school for every child. At least the Minister did not fall into the trap of his boss, Michael Gove, who took his reputation for exaggeration to new heights in the Commons debate when he said:

“This Bill provides an historic opportunity for this country. It will help to guarantee every child a high quality education, which will equip them for the technological, economic, social and cultural challenges of the next century”.—[Official Report, Commons, 8/2/2011; col. 180.]

Regrettably the Bill does not meet any of those lofty aspirations. At a time when the debate going on in the country is about how to drive up academic standards, how to ensure that every child has a chance to excel and how to distribute resources fairly to compensate for deprivation, the Bill fails to meet the challenge. Instead, it seeks to redefine the relationship between schools, parents and local communities, diminishing accountability and dismantling the procedures that ensure fairness and equity. As such, there is plenty in the Bill to give us cause for concern.

This does not mean that we are opposed to all the clauses in the Bill. We can support a number of them and others we hope to clarify by amendment in Committee. I will say a little more on that shortly. I hope your Lordships and perhaps even the Minister will recognise that there is something slightly obsessive about a Secretary of State who produces a Bill that gives him more than 50 additional powers. It is an irony that, at the same time as we are debating the Localism Bill, this Bill is moving in the opposite direction, taking decisions away from parents, communities and elected local authorities and centralising them in a department ill-prepared for the raft of new responsibilities coming its way.

On this issue, as perhaps on many others in the Bill, I hope that we might have a common cause with noble Lords on the Liberal Democrat Benches as I see in their election manifesto that they were committed to,

“introduce an Education Freedom Act banning politicians from getting involved in the day-to-day running of schools”.

Not surprisingly, that did not make it into the coalition agreement. Am I the only person to suspect that when something goes wrong, as things inevitably do, and his department is held responsible for a bad decision or a failure to act on the new responsibilities, the Secretary of State will be noticeably absent? Either by then he will have been conveniently reshuffled into another department or he will just expect the Minister opposite to take to the airwaves to explain away the error once again. We are not happy about the centralisation of power. We will scrutinise these clauses with particular care and measure them against a simple yardstick of whether they are in the interests of pupils, parents, professionals and local communities.

As I mentioned earlier, there are some clauses in the Bill that deserve our support. We welcome the extension of free early years provision for disadvantaged two year-olds. We will in due course seek firmer guarantees that the provisions in the Bill cannot subsequently be watered down, but you would expect the party that introduced the universal entitlement for three and four year-olds to approve its extension.

We also welcome the clauses that give teachers anonymity when accusations are made against them. We all know examples of good teachers whose lives have been blighted and their careers damaged when false allegations are made against them. It has on occasions been used as a cynical tool of revenge by some pupils and it is absolutely right that teachers have the right to anonymity until allegations have been investigated and formal charges brought. However, we fail to understand why the Government have so far failed to follow the logic of their own arguments in this regard in extending the provisions to all school staff and those working in further education and the youth sector, who are equally vulnerable.

We will also support practical measures to give teachers more power to intervene in bad behaviour in the classroom. However, we remain concerned that the specific additional search powers in this Bill are not matched by the appropriate safeguards. Moreover, there is a danger that the new measures could be simply symbolic. I read with interest the oral evidence given by head teachers to the Education Bill Committee in the other place. They struggled to find examples of where these additional powers would be useful and the teachers’ unions reported that their members would be very reluctant to use them. Nevertheless, we will welcome alternative proposals that send a clear message to pupils that bad behaviour will not be tolerated.

The Bill is guilty of sending mixed messages to the teaching profession. On the one hand, it wants to strengthen their authority in the classroom while, on the other hand, it waters down their professional status through the abolition of the General Teaching Council for England. So far, the Government have failed to produce a credible position on this. We believe that there is still a need for a regulator with a degree of independence in this sector. Surely, the sensible approach would be to learn the best practice from other professional bodies and work with the teachers’ associations to find a better method of setting standards, regulating entry to the profession, maintaining a comprehensive register and managing teacher discipline.

What message does it send to parents and teachers about the importance of professional standards when the Government make it clear that free schools will not be required to employ qualified teachers? Surely, parents should be able to choose the best school for their child, safe in the knowledge that all publicly funded schools will employ teachers with relevant training and qualifications?

Equally, if we are committed to driving up standards in schools, what justification can there be for the abolition of the School Support Staff Negotiating Body? This organisation was halfway through producing job profiles for support staff which would have recognised their important contribution to children's learning experience in schools. It was a welcome development that school leaders and teachers alike have supported, so I hope that in Committee we will be able to persuade the Minister to reconsider that decision.

I do not intend to rehearse all the arguments around the clauses today, but I would like to highlight some areas of particular concern. First, the Bill dilutes parents' rights over school admissions. This is a massively sensitive subject and will continue to be so as long as parents detect that there are schools of varying quality in their area. The Bill abolishes local admissions forums and waters down the capacity of the schools adjudicator to intervene to ensure fair play. The new draft admissions code, published after the Bill had received its Third Reading in the other place, would allow grammar schools to expand beyond their current physical capacity, leading to a potential expansion of selection in the state school system. A weakened admissions system means less power for parents to ensure their child can go to the school they choose. A weaker system also risks unfairness going unchallenged.

Secondly, we support the Government’s aim to establish an all-age careers service by April 2012. However, the lack of a transition plan from the existing careers service providers, compounded by the impact of local authority cuts, means that most of the staffing and expertise will be lost before the new service has had a chance to establish itself. As the ASCL has said,

“More than 2 million young people aged 16 to 19 could lose out on valuable careers advice while the government overhauls the national careers advice service, at a time when young people’s unemployment is reaching record highs”.

There is a real danger that, in this vacuum, careers advice will end up being provided online or collectively, whereas we believe that young people need personalised, ongoing, face-to-face advice that is tailored to their individual skills and interests. They also need real choice between academic and vocational training, including access to good-quality apprenticeships.

Finally, this Bill rewrites the Academies Act passed last summer at breakneck speed and without adequate scrutiny in the other place. As a result, only one of its original 14 sections has escaped being replaced or amended. The model created by the previous Government to use academies to turn around failing schools in deprived areas has now been turned on its head. The resemblance between the old and the new is in name only; now, every school will be encouraged to become an academy.

The Bill could mean that by 2015 we would have an all-academy world: 20,000 schools, each with its own admissions policy, all being judged on the prescriptive English baccalaureate that is geared towards the top 30 per cent of children. Schools will have a clear incentive to admit the most able students and, with a weakened adjudicator and greater competition between schools, back-door selection becomes more likely. Such a world could be a dangerous place for less academic children or those with special needs.

In this new world, the role of elected local authorities in planning schools and services is marginalised. The strategic role envisaged for them in the education White Paper is abandoned. They will have no significant role and scarce resources to co-ordinate provision, whereas we believe that local people and local communities should be in the driving seat in determining what is best for their children’s education.

I said at the outset that this Bill ducked many of the key arguments about education today. While it is true that those do not appear in the Bill, it is also true that there are potentially profound consequences arising from the restructuring of education services being pursued by the Secretary of State. The expansion of academies, each with its own budget, will create a vast new marketplace for schools to buy services that have previously been provided without charge by local authorities. New private providers of education services are already moving into that void. No doubt some services will be able to be procured more cheaply, but schools will also be under pressure to save on the cost of expensive services for those who have special needs or require learning support.

No doubt the Government will argue that the pupil premium will help offset some of those additional costs. However, can we be sure that the money involved will compensate for the complexities of trying to provide an education service in a deprived area? What will be the consequence of the private sector supplying those support services? Can we be sure that they will be properly regulated and that schools will be protected from market failure?

What of the management of these academies? It is hard to imagine how the Secretary of State thinks he is going individually to manage thousands of academies, so it is rather convenient for him that they are already forming themselves into chains and federations. Instead of managing individual schools, he could ultimately manage contracts of large private providers—some no doubt bigger than the democratic local authorities they seek to replace. Those providers currently make a virtue of their charitable status being not-for-profit, but can we be confident that that protection will continue? Could we one day be facing the educational equivalent of Southern Cross, with all the challenges of maintaining continuity of education in the school system that could result?

When we scrutinise the Bill, we will be looking at the detail of the clauses as written, but we will also be mindful of the potential consequences of a market-dominated education system and what it means for the school system as a whole. We will put forward measures to ensure that the right checks and balances keep children’s interests paramount. We will aim to place the rights and priorities of pupils, parents, professionals and the public at the heart of the Bill, and reassert the right of communities to determine their children’s education. We hope very much that, in the course of the discussions, we can make common cause with noble Lords across the House, perhaps including the Minister, to strengthen the Bill on this basis. We look forward to the remainder of the debate today.

Children: Parenting

Baroness Jones of Whitchurch Excerpts

Thursday 19th May 2011 Lords Chamber

[Lord Hill of Oareford]

To revert to my earlier answer, I am not convinced of the need for a codification. I do not know how one would set about it or, in practical terms, the benefits it might bring. The priority should be to focus on and to help those families who most need help, rather than to draw up an approach for all parents and families, as I am not aware that there is a particular problem in most families and with most parents.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that one of the most successful initiatives designed to help parents to understand their responsibilities was the introduction of Sure Start centres? Is he concerned about the level of cuts being imposed by cash-strapped local authorities, which is estimated to be around 22 per cent in real terms? Will his department reconsider its decision not to ring-fence the Sure Start centre grant?

Education: English Baccalaureate

Baroness Jones of Whitchurch Excerpts

Tuesday 17th May 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, the international baccalaureate to which my noble friend refers, has many merits. I am not sure I would have benefited from it, because I was never very good at the science and maths bit, which it entails. I agree with him, however, that for many children it is suitable; it has many strong advocates. We are freeing up the system so that schools that want to offer the IB in the maintained sector are able to do so and that pupils can choose to study it.

[Baroness Jones of Whitchurch]

My Lords, the Minister made great play of the fact that schools should not simply staff up to cover the English baccalaureate subjects, but there is already anecdotal evidence that that is happening. What is the department doing to monitor whether that is the case and what is happening on the ground now that the English baccalaureate league tables are being sought by so many schools? And what steps will the department take where that is identified as happening in schools to discourage them from doing it in the future?

[Lord Hill of Oareford]

My Lords, in some ways, if one of the consequences was that schools needed to employ more teachers to teach modern foreign languages or sciences, it would not be a development that I would deplore. I think that many of us in this House would welcome it. If more people were employed to teach those academic subjects, I would not see it as regrettable. The noble Baroness is right that we need to monitor what is happening to make sure that the provision of teachers in STEM subjects and other subjects is sufficient. We have had a long-term problem in ensuring that we have enough and we need to try to address that. We need to monitor that. The normal statistical returns which are produced each year and inform the department’s recruitment of teachers and trainee teachers will track that, enabling us to see what is going on.

Children: Adoption

Baroness Jones of Whitchurch Excerpts

Tuesday 10th May 2011 Lords Chamber

[Lord Hill of Oareford]

I very much agree with that. As we have said in previous debates and exchanges about adoption, the role of the voluntary adoption agencies is extremely important in this. One of the issues that my honourable friend Mr Loughton is looking at is encouraging the take-up of the services provided by the voluntary adoption agencies. Some local authorities seem more resistant than others to using those services. One would want to tackle that because the range of different performances from one local authority area to another is very wide. It would be good to narrow it. The role of voluntary adoption agencies in that is an important part of coming up with a solution.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that the application of the Equality Act, far from resulting in children losing the chance of being adopted, will open up new opportunities for a much more diverse group of prospective parents to offer a stable and loving home to children in care?

[Lord Hill of Oareford]

I reiterate my point that all sides of the House would agree that having a wide number of potential adopters—those with strong religious beliefs and those without—who can help children and provide loving and stable homes for them is what we would all seek to encourage.

Education: English Baccalaureate

Baroness Jones of Whitchurch Excerpts

Thursday 5th May 2011 Lords Chamber

Asked by

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what assessment they are making of the impact of the new English baccalaureate on the breadth of subjects offered by schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, anecdotal evidence suggests that the English baccalaureate is already having an effect in terms of opening up opportunities for pupils to take qualifications in key academic subjects. We will continue to monitor teaching, as we do at present, through the school workforce census, which will collect information annually on the subjects being taught by all teachers in maintained secondary schools. We will also be examining trends in GCSE entries.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Can he explain the process by which the core subjects in the English baccalaureate were put together at the expense, as some see it, of other equally merited academic subjects? Is he aware that schools are now putting pressure on pupils to focus on those English baccalaureate subjects regardless of their aptitude, so that the school will perform well in the new league tables? If he agrees that pupils should not be shoe-horned into those narrow curriculum choices, what is the department doing to ensure that they are given a broad range of curriculum options and can flourish and excel at subjects they enjoy?

[Lord Hill of Oareford]

I agree with the point that children should not be shoe-horned into choices that are not appropriate for them. I think that everyone would accept that children are different, that there is no right way for any particular children and that vocational options as well as academic options should be fully available. It would be wrong if schools were forcing children to do things that were not right for them or were forcing them to change subjects halfway through their course. The point of the English baccalaureate is to try to make sure that a number of key academic subjects are available to as many children as possible. If one starts at the point that what one wants to do is to get children from all backgrounds, particularly from poor backgrounds, to get to university, and to keep those options open to them, the subjects in the English baccalaureate are the kinds of subjects that will help those children to progress to A-level and from A-level to university. The correlation between the subjects that the Russell group has said that it would look for and the subjects in the English baccalaureate is very close.

Schools: Curriculum and PSHE Reviews

Baroness Jones of Whitchurch Excerpts

Wednesday 27th April 2011 Lords Chamber

[Lord Hill of Oareford]

I am not sure that any of those developments would have an impact in the way that my noble friend implies. The requirements on schools, whether they are free schools, academies or maintained schools, are not changed in any regard by any of the reviews that are currently being carried out.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that once again Michael Gove has jumped the gun by changing the school league tables to reflect the new English Baccalaureate subjects before the curriculum review, which might have recognised the vital importance of PSHE, has been completed?

[Lord Hill of Oareford]

I do not, my Lords. There are two separate processes at work. The national curriculum review is rightly a process that we are working through to look at which subjects should be in the national curriculum. The English Baccalaureate review was to provide us with a snapshot of what is already going on in schools. The English Baccalaureate is not compulsory in the way that some elements of the national curriculum will be, and they demonstrate different things.

The desire to introduce the English Baccalaureate quickly was driven by our concern that too many children, particularly children from poor backgrounds, are being denied the opportunity to study academically rigorous subjects. I am sure the noble Baroness will know how wide the discrepancy is between children on free school meals and children not on free school meals in terms of their current study of what some people would call rigorous academic subjects. Four per cent of children on free school meals study the English Baccalaureate subjects as opposed to 17 per cent on non-free school meals. I do not think that is acceptable. Highlighting the issue and making people realise that there are these discrepancies will help give children from poor backgrounds, in particular, the opportunity to have academic subjects taught to them, which in turn will help them get into universities, which I know is a goal we all share.

Children: Early Intervention

Baroness Jones of Whitchurch Excerpts

Thursday 17th March 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, first, I thank the noble Baroness, Lady Walmsley, for initiating this debate. It has proved to be topical, thought-provoking and controversial in equal measure. We have heard some immensely well-informed contributions this afternoon. It was a particular pleasure to hear the maiden speeches of the right reverend Prelate the Bishop of St Edmundsbury and Ipswich and the noble Lord, Lord Storey, who spoke with such authority and expertise. We all look forward to many more similar contributions in the coming years.

The noble Baroness chose the title of the debate very well, because it reflects the two strands of the argument for early intervention. First, there is the moral case, based on equality of opportunity for every child—about which more later—and, secondly, there is the hard-nosed economic case addressed in Graham Allen’s report, which says that the more society is prepared to spend on early years development, the less needs to be spent on remedial action and dysfunctional young people and adults later. It is a compelling argument but it also highlights the failings in this Government’s approach to strategic economic and social investment because, however much this Government claim to be persuaded by the arguments of Graham Allen and others, they have already shown themselves unable or unwilling to act on the logic of early intervention. The scale of the cuts that they are now imposing and their hands-off approach to local government expenditure are surely testament to that.

We all understand the need for economic efficiency, but surely the sensible approach is to focus on growth and jobs to stimulate the economy, rather than rely on major cuts to public services, which appears to be the preferred route of this Government and is already putting at risk some of the successful early intervention programmes that exist.

As we have heard from a number of noble Lords around the Chamber, the funding of Sure Start is a good illustration of that point. It is an example of successful early intervention in action. The previous Government established a nationwide network of children’s centres—more than 3,500 in total—with over 2.7 million young people and their families accessing the services. Although it will not be possible to measure their impact fully for many years, the national evaluation of Sure Start has already found better social development and behaviour among three year-olds, less negative parenting and fewer accidental injuries sustained by those who attend.

Indeed, before the election Mr Cameron and Mr Clegg made personal promises to keep children’s centres open but, regrettably, the Chancellor’s subsequent announcement that the funding would be protected only in cash terms means a real-terms cut. The reduction in the early intervention grant, which now covers Sure Start, is 11 per cent just in the first year. As a result, despite the supposed political support, a Daycare Trust survey found that 7 per cent of centre managers anticipate that their centres will close within a year and 56 per cent will offer a reduced service.

There is another reason why the Government do not appear to have the political will to invest effectively in early intervention and it is an issue that I have debated with the Minister in the past. It is also one that has been argued passionately today by my noble friend Lady Morris. By removing the ring-fencing from funding to local authorities at the same time as their budgets are cut, the Government are no longer in a position to have any control over how that shrinking pot of money is spent. The noble Baroness, Lady Eaton, the chair of the Local Government Association, has admitted that,

“councils are facing unprecedented cuts to their budgets following the toughest financial settlement in living memory, as well as an increased demand for services”.

It is an obvious worry for those in need of long-term or specialist care who do not have a local, vocal voice. It is also a worry for services such as those that we have been discussing today where, as the noble Baroness, Lady Ritchie, rightly argued, the benefits cannot be evaluated or the financial rewards reaped for many years to come.

It also strikes at the heart of the issue raised by my noble friends Lady Morris and Lady King, who made the case for universal rather than targeted provision to avoid families falling through the net. If the Minister is persuaded by the arguments in favour of early intervention, how can he guarantee that any of the initiatives taken by the Government will result in actual children’s services on the ground? If money is set aside for this work, such as in the form of the early intervention grant, how will the Government track whether it is used for this purpose? Does the Minister accept that the result of his hands-off approach will be a patchy set of unco-ordinated services which fail to bring about the benefits of the long-term cost-effectiveness that we have heard about today?

I am very aware that Graham Allen, in his report, made a virtue of saying that he would not be asking for any additional money to fund his proposals. Some might say that he had no choice in this and I wish him well in exploring alternative sources of funding. The noble Lord, Lord Storey, rightly sounded a note of caution over the use of the private sector in providing such services. As we all know, the voluntary sector is also being squeezed, with children’s charities having their grants cut. Even the newsletter of Philanthropy UK quotes a major funder as saying that it will be a challenge to find enough funding to make this initiative work, and that the Government should instead kick-start the process while encouraging match-funding from other sources over time. It is undoubtedly more of a challenge to lever in outside funding to a scheme whose very existence is predicated on the principle that the benefits will not be measurable for many years to come.

I return to the moral case for action. We have heard some inspiring examples from noble Lords this afternoon of schemes that are already making a difference to the lives of children and transforming their life chances. I cannot refer to them all but some very important points were made about the role of grandparents and the need for multi-agency interventions. A number of noble Lords highlighted the importance of communication skills at an early age. The need for autism and SEN was highlighted very successfully, and the case for play therapy and nutrition was argued well by noble Lords, as was the need for highly trained staff.

Like others, I shall not dwell on the evidence. Suffice it to say that these initiatives are supported by a wealth of academic research quoted by Frank Field, Graham Allen and others showing that, for example, the development of children as early as 22 months is a striking predictor of their ultimate qualifications and life chances. It is also clear that the Labour Government’s aspiration to abolish child poverty by 2020, which was repeated in the Conservative Party manifesto, is a crucial but challenging goal that could tackle the rich/poor attainment gap, but would also require a major investment by the Chancellor to target around 20 per cent of the population in order to lift children out of severe poverty.

Government policy initiatives on this scale really matter not only to avoid children becoming trapped in a cycle of low achievement and poverty but also to improve their broader well-being, which we know is an issue dear to the Prime Minister. I thought that the noble Baroness, Lady Brinton, made an excellent case for the importance of informal play and happiness in the role of children’s broader well-being. The Child Poverty Action Group research currently lists the UK as a lowly 24th in the European ranking on this issue. What will the Government do to address that? I have great respect for the Minister, and I have no doubt that he recognises the strength of the case for early intervention. However, does he have the strategy and funding to achieve it? How will he persuade cash-strapped local authorities, businesses and the voluntary sector to play their part, and where does this work sit in the list of priorities in his department?

We have had a good debate today, and the solution now lies in the Government’s hands. Are they prepared to act, or will we one day look back in time at a lost generation whose lives could have been transformed but who have instead had their lives blighted before they even reach the starting gate?

Education Maintenance Allowance

Baroness Jones of Whitchurch Excerpts

Monday 7th March 2011 Lords Chamber

Asked By

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government how many young people they estimate will be affected by the cancellation of the education maintenance allowance.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the EMA is currently paid to 45 per cent of 16 to 18 year-olds in full-time education at a cost of £560 million a year. Research commissioned by the previous Government showed that about one in 10 of those receiving EMA would not have continued in learning without it. We are currently considering the replacement arrangements with the aim of targeting support more closely on those facing the greatest financial barriers to participation.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Is he aware that some colleges have estimated that up to 50 per cent of young people will have to leave post-16 education when the EMA payments stop, thereby joining the growing ranks of those not in education, employment or training? Has the department considered the economic and social impact of this? Would it not have made more sense to finalise the details of the new discretionary scheme before announcing the end of the EMA, to minimise the upset and uncertainty that many young people who do not know whether they will qualify under the new scheme are feeling?

[Lord Hill of Oareford]

On the noble Baroness’s second point about sequencing, I accept the force of her argument. As she will know, the Government were confronted with a situation where they had to take urgent decisions rapidly because of the scale of the deficit, and we took those decisions first. I take her point, but we acted in the way that we did because we needed to start cutting the deficit quickly. On her first point, I am aware of the views of many principals of sixth-form colleges and young people, who have expressed concerns to me about the loss of the EMA. The noble Baroness referred to 50 per cent; I come back to the research commissioned by the previous Government which looked at the impact and stated, consistently across two or three pieces of work, that about one in 10 said that they would not have carried on. We will target the arrangements we work out on those who need help most, because I accept that we need to ensure that the children who face the greatest barriers get help to carry on in education and training.

Children: Policy

Baroness Jones of Whitchurch Excerpts

Monday 14th February 2011 Lords Chamber

[Lord Hill of Oareford]

Those kinds of priority targets relate very much to the groups of people that the Government will want to ensure get the support they need. So far as concerns children with special educational needs, the noble Baroness, Lady Howe, will know that my honourable friend Sarah Teather will shortly be bringing forward a Green Paper on special educational needs and disability, and that will be an opportunity to make sure that those services are provided.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that good parenting skills are crucial to giving young people the best start in life? Does this not underline the need for schools to teach these skills as part of the core curriculum?

[Lord Hill of Oareford]

I agree very much with the noble Baroness about the importance of parenting and early years. School has an extremely important part to play. As she will know, the department is carrying out a review of PSHE, and that will provide us with an opportunity to look at the whole range of educational services delivered as part of PSHE.

Building Schools for the Future

Baroness Jones of Whitchurch Excerpts

Monday 14th February 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, before I respond to the substance of the Minister's Statement, it would be helpful to provide some context for the judgment that led to it. The Secretary of State had previously acknowledged that before 1997 there had been a failure adequately to invest in school buildings. The Labour Government were responsible for building, rebuilding or significantly refurbishing 4,000 schools, with 1,000 completed in the past two years. As a Government, we were on track to see a further 1,000 new school buildings in the next two years. Building Schools for the Future refocused schools investment on the strategic renewal of the schools estate. It was intended as a programme to renew the entire secondary estate and to plan and provide for changes in demand. Building Schools for the Future was gathering pace at the end of the Labour Government and was a success story.

I thank the Minister for his Statement, and for the clarity with which he set out the department's plans on the issue. However, I was surprised to hear him on the airwaves on Friday trying to downplay the judgment as minor and technical. Surely it is anything but that. Perhaps I may remind the Minister that the judgment said that the Secretary of State's handling of the cancellation of Building Schools for the Future was,

“so unfair as to amount to an abuse of power”.

An abuse of power is anything but minor and technical. It is because of the gravity of the decision taken and the subsequent judgment that we are discussing the issue today.

The two specific arguments that were accepted by the judge in the case were that the Secretary of State failed to consult, and that he failed to consider his public equalities duties. Neither of these points is technical or minor, and they say a great deal about the cavalier style adopted by the Government. Is it not true that this attitude is becoming something of a pattern? We hear constantly of challenges to government decisions on the grounds that they have not taken the time to follow proper and due process. I cite as examples the Home Secretary’s failed attempts to limit immigration numbers and criticism about the Government pre-empting consultation on the forestry proposals alongside Parliament’s consideration of the Public Bodies Bill. With this Secretary of State alone, we have seen the same reckless approach adopted in respect of school sports, Bookstart and the education maintenance allowance. On the latter point and in the light of this decision, I ask the Minister whether the Government plan to reverse their decision to cancel education maintenance allowance payments for current recipients.

Is it not time that the Secretary of State stepped back, learnt from those mistakes and adopted a more conciliatory approach to policy-making in the future, where partnership and consultation with stakeholders and service users are at the forefront of the approach to developing an education strategy? One of the most damning criticisms in the judgment is that, by failing to consult, the Secretary of State could not have had any of the crucial information required to make an informed decision. He therefore could not have known what impact his decisions would have on individual schools and communities. He could not have known, for example, which schools were in the worst condition, which were addressing the real needs of disabled students and which were meeting special equality considerations.

Given the seriousness of the judge’s criticism, should not the Secretary of State’s Statement in the other place have started with a word of apology or regret? Today, if nothing else, will the Minister put that right and now apologise to the communities that suffered the devastating effects of his Secretary of State’s defective decision-making?

To restore public confidence and the confidence of this House, will the Minister now publish all relevant information and advice relating to the decision? Will he confirm reports that a leading QC warned the Secretary of State that councils had a “fairly strong case” against him? Why, then, did he proceed regardless, and how much public money has been wasted on legal costs? Can he confirm that there will be full and transparent consultation with all those affected to give parents, students and teachers confidence that they will receive a fair hearing? Should not the Secretary of State now remove himself from any further part in this decision?

This is a damning verdict on a Cabinet Minister by a High Court judge. He is a repeat offender and these are serious issues that need to be addressed. I look forward to hearing the Minister’s response.