Academies Bill [HL]

Debate between Baroness Massey of Darwen and Lord Bishop of Lincoln

Wednesday 23rd June 2010 Lords Chamber

[The Lord Bishop of Lincoln]

The amendments in this group standing in my name are Amendments 12, 60, 107, 121,122 and 166.

One of the themes running through this debate is the powers that will be undertaken by the Secretary of State and the way that reassurances need to be very clear, perhaps even need to be in the Bill, to enable those who feel a little anxious about accountability issues to feel much more confident about the way forward. My amendments are in that spirit.

I speak as chair of the Church of England’s board of education and therefore declare an interest. As I have said in your Lordships’ House before, the Church of England is the leading provider of academies. It has 34,000 students in its academies, virtually all of which are in areas of social deprivation. That is why the Church of England is involved in academies and wishes to go on supporting them. It has good will towards the philosophy of academies and what they stand for, but does not want to compromise its commitment to improving standards in deprived areas or the fact that its academies are denominational academies with a faith character.

These amendments try to ensure that the Church of England feels confident in encouraging the many denominational schools in which it has a care to explore this possibility. They are sympathetic amendments and seek to be friendly. We are grateful for the reassurances that have already been given by the Minister. If the way that he has dealt with those of us who have raised concerns with him in personal interviews or in letters is indicative of the way that the business of this Government will proceed in this House in future, we are extremely glad. However, I think it was Bismarck who said that laws are like sausages: you really do not want to be there when they are being made. I have a sneaking feeling that the Minister is beginning to understand what he meant.

Certain clauses need to be clear for the avoidance of doubt. We do not doubt the intentions—many of them are good intentions—but we need to have clarity. I am reminded of the interesting exchange on Monday between the noble Lords, Lord Adonis and Lord Phillips, about how much clarity terms need in order to justify their place in the Bill. One of those phrases could be a “school of religious character”. What does that mean? Quite clearly, it means its ethos and values, and we cannot legislate for them, but it means other things too, the things to which Amendment 12 refers: religious character or designation—whichever term we use—admissions, terms of employment of staff, curriculum and governance, which has appeared elsewhere in this Committee. Those dimensions can be secured by legislation.

Admissions have been debated on other amendments, and one of my other amendments addresses the curriculum and collective worship. We could do with some clarity on terms of employment. Are we proceeding on the basis of the School Standards and Framework Act 1998 in relation to Sections 58 and 60, which apply to voluntary aided schools and voluntary controlled schools, or are we subject to the provisions in that Act that relate to independent schools? Academies are declared to be independent schools and are presumably subject to those sections, but we need some clarity. What do the Government intend to secure their commitment, articulated in the gracious Speech, to maintain the religious character of schools that convert to academies?

I shall be briefer on my other amendments. Amendment 60 refers to the curriculum and the provision for religious worship that define a school as being of a religious character. We need more than assurances; we need clarity on those matters.

My remaining amendments in the group, Amendments 107, 121, 122 and 166, all contain the same phrase, “relevant religious authority”. For the Church of England, that is a diocesan board of education, and I do not think that anyone who has any real acquaintance with these matters would dispute that the family of church schools is maintained by the diocesan boards of education. I believe the same to be true of Roman Catholic schools and of Jewish schools. There are authorities operating within the denominational organisations that have a relationship with schools that is precious, treasured and to some extent essential if those schools are to deliver to the high standards with which we have become familiar. I therefore want to ensure that the Bill secures the interests of the “relevant religious authority”—in our case, diocesan boards of education—in any consultation and commission. I have to say to the Minister that Roman Catholic authorities, as well as Anglican ones, are expressing a good deal of anxiety at the moment that we may well not encourage schools to take this step without the assurances that these amendments seek. I beg to move.

[Baroness Massey of Darwen]

My Lords, I will speak to my Amendment 61 on participation in collective worship and religious education, and in doing so declare an interest as a humanist and a vegetarian—so I do not do sausages.

I shall comment in passing on the concerns of the noble Lord, Lord Lucas, and will also speak to my Amendment 133 on the status of state-maintained schools if they become academies. I recognise that Amendments 134 and 135, which were tabled by Members on the Benches opposite, relate to the same matter, so I will not spend too long on them. I also wish to comment on Amendment 12, which was moved by the right reverend Prelate the Bishop of Lincoln.

On Amendment 61, the noble Lord, Lord Lucas, wants the precepts of all major religions in the UK to be taught. I agree that collective worship and RE should be balanced and broad. This education should also include the precepts of humanism and secularism. Sixty-five per cent of 12 to 19 year-olds, according to surveys, are not religious. All children need to learn about non-religious as well as religious beliefs, as we live in a diverse society.

As I said, I am a humanist, and I know that humanism has moral and ethical precepts and a compassionate culture. I respect those from other cultures and other religions, and I hope that they will respect mine. Will the Minister confirm that it is the Government’s view that schools, including academies, should teach non-religious world views as well as religious ones? Will he also confirm that the recent spiritual, moral and cultural non-statutory guidance for independent schools, which was worked on by a wide range of stakeholders, will also apply to independent religious academies? Will previous government guidance that creationism and intelligent design should not be taught in science lessons apply to academies? I realise that I am asking a lot of questions, and I will be happy to receive more detailed answers in writing, but perhaps the Minister has some quick responses.

All state-maintained schools are required to hold a daily act of collective worship and provide religious education. We all know, of course, that many schools approach this with a broad perspective and provide a forum for moral perspectives that are not necessarily religious. At maintained schools, parents are legally entitled to withdraw their children from collective worship and religious education, while sixth-form students can withdraw themselves from collective worship. It is not clear whether these rights of withdrawal will extend to the new academies. Will these current rights be retained?

I will say a brief word on my Amendment 133 to leave out subsections (7) and (8) on page 4, lines 14 to 19. This amendment would remove from the Bill a new provision that automatically converts state-maintained schools with a religious character into an independent school with the same religious character once an academy order has taken effect. However, there is no guarantee that community schools becoming academies will automatically become secular and inclusive.