Education Bill

Debate between Baroness Massey of Darwen and Baroness Turner of Camden

Tuesday 1st November 2011 Lords Chamber

[Baroness Turner of Camden]

I shall speak also to the amendments in my name with which Amendment 85 is grouped.

I am attempting to follow up something which I began in Committee: I am endeavouring to protect the position of teachers in religiously designated schools from having religious views and requirements imposed upon them which they may not support. I am a secularist but I agree with the rights of both the religious and the non-religious. I accept that faith schools exist and are provided for in our legislation. My amendments do not alter that.

I commended the previous Government when they first introduced academies that they also provided for the appointment of what is known as reserve teachers, who could be expected to teach religious education and instruction and to abide by the religious ethos of the school. They were, however, limited in number to one fifth of the teaching staff. The other teachers did not have to comply with this and there was no requirement that the head teacher should be a reserve teacher. It did not seem to me that these requirements under the Bill would apply to other schools, such as foundation or voluntary schools of a religious character, and my amendments in Committee were intended to do that. I have since studied what the Minister said in reply. I have had the opportunity, for which I thank him, of meeting him and his officials and I have made available to him a legal opinion supplied by the secular association. As a result, I have dropped some of the amendments I introduced in Committee and have attempted to concentrate on what I think spells out the best way of complying with the advice I have received and the requirements of European law.

The first amendment seeks to give explicit statutory protection to teachers in community schools that become academies from being required to teach religious education. Many teachers with decades of experience do not wish to teach RE and there is no reason why they should lose the protection afforded to them by this section of the School Standards and Framework Act because of a change of the type of school.

The next amendment, which is in two parts, makes it clear that while preference may be given in connection with the appointment, remuneration or promotion of teachers at a voluntary aided school on the basis of religious belief, this is only to the extent of it being justified as an occupational requirement having regard to the school’s religious ethos. The second part provides that while termination or engagement of a teacher may have regard to compliance with the tenets of the religion involved, discrimination is nevertheless prohibited on grounds not allowed under our equality legislation, such as in relation to sexual orientation.

The third amendment will put into legislation the commitment that the Government have already given that academies which were originally voluntary controlled schools should go through a consultation process similar to that in the maintained sector before being allowed to gain staffing and governance arrangements similar to those in voluntary aided schools.

This may sound complicated because reference has to be made to legislation that already exists and the various schools concerned. However, basically it is quite straight forward. I want to ensure that teachers with no or perhaps different beliefs are not discriminated against as the Government and the previous Government provided quite specifically for faith schools to be able to discriminate in favour of teachers who share their religious outlook, but in line with specific arrangements and limitations on numbers, to which I have already referred. Otherwise, teachers will be recruited and employed on the basis of their ability to teach their particular non-religious subject and are no way discriminated against.

My impression when I met the Minister and his officials was that these views were not opposed by the Government. I hope therefore that my amendments can either be accepted—if the Minister accepts the ideas involved—or perhaps he could produce alternative wording. As I have already indicated, the advice I have received indicates that my wording is in line with our own equality law and European law.

Amendment 88 is grouped with my amendments and my noble friend will no doubt speak in favour of it. I fully support it. In the mean time, I beg to move.

[Baroness Massey of Darwen]

My Lords, I will speak to Amendment 88 in this group. I support my noble friend Lady Turner in her previous amendments. She has explained the issues very well and I know that she has had extensive consultation with the Minister on them. We have heard most, if not all, of her arguments before and I think that they are very powerful. I know that there is some sympathy for her arguments among various faith groups. While the issue is about religion, it is mainly, I think, about fairness and discrimination.

In Amendment 88, my chief concern is the fostering of segregation in schools on the basis of religion. The change proposed by the Education Bill will make voluntary-aided faith schools the most attractive option to religious groups seeking to set up schools because they will be the easiest to set up. This is especially so if the local authority is readily in favour of the school, in which case proposals would be extremely likely to succeed. It is hard to see how this change is justified in light of the drive towards free schools and the fact that free schools cannot religiously discriminate in admissions for more than 50 per cent of their intake. Surely this is a reflection that faith-based admissions criteria should be curbed, not increased. This will increase religious segregation in admissions, extend discrimination against staff of no religion and increase the number of schools teaching faith-based religious education. I believe, as does the noble Baroness, Lady Turner, that all schools should include and educate all pupils together so that they can learn from each other instead of being segregated on religious and other grounds.

Education Bill

Debate between Baroness Massey of Darwen and Baroness Turner of Camden

Wednesday 20th July 2011 Grand Committee

[Baroness Massey of Darwen]

My Lords, I support the remarks made by the noble Baroness, Lady Walmsley, and my noble friend Lord Touhig about having students on governing bodies for two reasons. First, it would be good for the school and, secondly, it would be good for the students to have experience of being on a governing body. We have got better at listening to children over the past six or eight years or so. I sit on a couple of boards on which young people are now represented, and they collaborate fully. We have a Youth Parliament that is incredibly powerful, sensitive and sensible. We have talked before about the importance of school councils. Having pupils as governors is an extension of that. School councils are elected. They are not just there to talk about the toilets. They talk about all kinds of important issues, such as school meals, discipline and bullying, and they talk about the ethos and curriculum of the school. This is all to the good. Schools benefit and young people benefit, so I support the amendment.

[Baroness Turner of Camden]

My Lords, I, too, support my noble friend in her amendment. I have been briefed by a number of organisations, including Save the Children, of which I was a trustee for many years. It is fully in support of the amendment, which would ensure that students were able to become school governors. I gather that they cannot be at the moment; they may play a very full role in the community, but they cannot become school governors unless there is a change in legislation to make it possible. Save the Children has reminded me about the UN Convention on the Rights of the Child and the right for children and students to be involved in decisions that affect them. What can affect them more than the kind of education they have? It seems entirely reasonable that students should be allowed to become governors, which I am sure will add to the general weight and value of governors and ensure that students begin to feel a much greater sense of responsibility than if they are simply governed by other people. Therefore, I strongly support the amendment and I hope that the Government will be prepared to accept it as well.

Education Bill

Debate between Baroness Massey of Darwen and Baroness Turner of Camden

Wednesday 13th July 2011 Grand Committee

[Baroness Massey of Darwen]

My Lords, with all due respect, I think my noble friend is misunderstanding me. I am not saying that parents should not send their children to the school of their choice. All I am saying is that, as a parent, I would not wish my child to have his or her education limited to a particular doctrine or creed or particular way of teaching or particular aspects of teaching. I would want my child to have a very broad education. Earlier I gave the example of a Roman Catholic school where the nuns say they will teach in a broad sense but within the ethos of their own faith. That is fine by me.

[Baroness Turner of Camden]

My Lords, I support wholeheartedly what my noble friend Lady Massey has just said, particularly in relation to children learning about different faiths and so on and that being part of general education. Amendment 85B is very good and extremely well intentioned. The only problem I have is with its wording. Subsection (7) outlines the principles of PSHE, which of course are absolutely admirable, that it “endeavours to promote equality”, of course; “encourages acceptance of diversity”, of course; and,

“emphasises the importance of both rights and responsibilities”.

Of course we all agree with that; it is absolutely right. However, subsection (8) says:

“Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9)”—

that is, schools with a religious character,

“from causing or allowing PSHE to be taught in a way that reflects the school’s religious character”.

That gives me a problem because subsection (7) could lead us into difficulty when it says, “endeavours to promote equality”. We are all aware that there are religions that, if you look at their precepts, are in dispute with the equality law that we have, and we want all citizens of this country to accept the rights that the equality law gives them. That sort of wording might lead us into some difficulty.

I do not have the same problem with Amendment 98, which has just been spoken to by my noble friend Lady Massey. Frankly, I would prefer that wording and that amendment to the wording in the amendment that is presently before us. However, I support the feeling behind both amendments, I think that it is right, and I congratulate both noble Baronesses on their commitment to these ideas, which I wholeheartedly support.