Education and Adoption Bill

Debate between Baroness Massey of Darwen and Lord True

Wednesday 16th December 2015 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I support this group of amendments. On Amendment 16A, I always thought it curious that schools applying for academy status must consult, but those issued with an academy order do not need to. To move on, I hope that the Government will accept the amendments on the need to consult. I remember, as I have said, being a parent and governor in London at the time of comprehensivisation. Yes, it was sometimes bloody. The noble Lord, Lord Storey, mentioned trauma. It was traumatic: there were banners in the streets and protests. But finally, having consulted parents, everything settled down. It did not take all that long. The time allowed for consultation can be defined; it does not have to go on for ever.

It is disrespectful and dangerous not to consult parents. Consultation with parents brings them more onside with what is going on and makes them more likely to support the school that their children will enter.

Amendment 15C is interesting and important, but I am reminded of the Minister’s remarks on coasting towards the end of his speech on the first group of amendments, and of one of his letters—I think to the noble Lord, Lord Lucas—which stated:

“Where a school has the capacity to improve sufficiently, we will give it the time and space to do so”.

The Minister refers there to the very important principle of having the possibility to think again, hesitate and perhaps seek further advice and information. I apply this to the Secretary of State. If the Secretary of State may—rather than must—intervene in the issuing of an academy order, that gives him or her an opportunity to look at the situation again. Looking again is often a very good thing.

[Lord True]

My Lords, I agree with many of the remarks of the noble Baroness, Lady Morris, about the role of parents. It may have been 30 years ago that we had the disgraceful intimidation and political machinations in the consultation over grant-maintained schools. However, as I said at Second Reading, if you look at the anti-academies websites and those of many of the other activists who want to stop academies, you will see the same sentiments, tactics, and calls for strike action and action against this measure, so I am afraid that that spirit is still out there in the world. However, the new leadership of the Labour Party may stamp it out, and I look forward to that.

Of course, parents have a role. I do not want to repeat what I said at Second Reading as this is Report, but we need to watch this legislation. My local authority was very grateful to receive a visit from the Prime Minister on Monday, who praised the quality of our children’s services. Many local authorities perform well, and it is a pity that those authorities are not given more space. I am concerned about bureaucracy in connection with the regional schools commissioners but we must address the Bill and the amendments that are before us. The worst amendment in this group is—perhaps not surprisingly—the one that has attracted the interest of the Liberal Democrat Benches, namely Amendment 16A. I would be very disappointed if colleagues on the other side of the House united to support it. The amendment is concerned with schools that are causing concern where children are being failed and where intervention is needed. It proposes that we should delay intervention while someone consults the very governors of the school who have failed the pupils at that school. Those governors are referred to in proposed new subsection (2)(c) of the amendment. Are we in the House of Lords going to state in an Act of Parliament that the very people who have failed children must be consulted before something can be done? I cannot believe that we would support that.

It may well be that the “relevant local authority” referred to in Amendment 16A has failed, and that its performance is causing Ofsted concern. Why, then, should we insist that it be consulted when a school’s children need to be helped, or, indeed, that the teachers at the school should be consulted, as proposed in new subsection (2)(b) of the amendment? It has to be said, although it is harsh, that the teachers at the school may be some of the people whose performance has caused the problems. Therefore, I would be astonished if the Labour Party, which at least pays lip service to supporting academies—I am never quite sure whether the Liberal Democrats support them or not, but most of the time they seem not to do so—were to line up with the Liberal Democrats and say that we must have an elaborate consultation involving the very people who failed children in the first place.

This amendment also refers to,

“the minimum length of time that must be allowed”.

At the very least we should have the maximum time allowed—I suggest no days for pursuing or consulting a governing body that has failed children.

Childcare Bill [HL]

Debate between Baroness Massey of Darwen and Lord True

Wednesday 1st July 2015 Lords Chamber

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for his statement and am very pleased to hear that the noble Lord, Lord Sutherland, will be helping in the progress of this Bill. The noble Lord chaired most ably the Select Committee on Affordable Childcare. It is to this point that I wish to refer, following on from the points made by my noble friend Lady Andrews about the skeletal nature of the Bill and the inadequacy of the deliberations before the Bill came to us.

The Affordable Childcare Select Committee interviewed more than 80 experts in childcare and several academics and parents. It was an excellent committee effectively chaired. I would like to know from the Minister whether the Government have actually read the Select Committee report. Even though the report was presented to this House in February, we have been promised a response only in the autumn. That seems to me to be a very long time for consideration.

If the Government have read the report, does the Minister think that it would be a good basis on which to produce or propose legislation now? The Government have missed an opportunity to produce a really good, solid Bill. They have not done so. They had the opportunity to read the Affordable Childcare Select Committee report with all its recommendations. What will the Government do now about this Select Committee report? Will they take it seriously and why have they not done so already?

[Lord True (Con)]

My Lords, I raised this matter on Second Reading. I was critical of my noble friend on the Front Bench and of the way in which the Bill had been brought forward. This was from the viewpoint of someone who spent rather too long in Whitehall and even longer—13 years—in the usual channels. I repeat what I said: it was not a good way to go about legislating. But I think that the House is at its best when it sheds light, rather than heat, on a subject, so perhaps we should get on and consider it in Committee.

The noble Baroness the Leader of the Opposition was a little bit holier than thou. During all the years I spent toiling in opposition, I remember a fair number of pretty outrageous Bills—indeed, skeleton Bills—that came forward from the other side. I remember in particular a scandalous planning Bill which would not bear much resuscitation. So we have all been guilty and we all agree that the House is at its best and does its duty best when it has the opportunity to consider a Bill in detail. I was grateful for the chance to talk to the Leader of the House yesterday, and to my noble friend, who responded, as the noble Earl, Lord Listowel, said, with the courtesy and consideration that the House expects from him. Clearly, a mistake was made. When a new Government are formed they understandably want to make progress on important matters. Lessons have been learned and I am unequivocally grateful to my noble friend for his response.

There is just one small thing. I do not want to upset my noble friend the Chief Whip, but Report stage is quite restrictive. It is not for me to do the usual channels any more but it may be that, in the light of information we receive, some of the Report consideration could be on recommittal, to enable your Lordships to look at one or two matters, provided that there is no obstruction to the timely passage of the Bill. This is a matter for the usual channels but the House does have that flexibility. I should like to thank my noble friend for the generous, courteous and honest way in which he has come forward with good solution for the House.