Academies Bill [HL]

Baroness Morgan of Drefelin Excerpts

Tuesday 13th July 2010 Lords Chamber

[Baroness Walmsley]

My Lords, we on these Benches are second to no one in our enthusiasm for proposing the most widespread appropriate consultation on a matter such as this which is so important to every school. That is why we were so pleased that the Minister brought forward the amendment on Report to put into the Bill the consultation that had been lacking in the original Bill. However, the noble Baroness, Lady Morgan of Drefelin, and her predecessors, has convinced us on numerous occasions of the dangers of lists and of being prescriptive as to who you should talk to about this, that and the other.

[Baroness Morgan of Drefelin]

My Lords, does the noble Lady agree that we are still convincing those on the other side of the Chamber of the dangers of lists? The right honourable Secretary of State for Education is experiencing a very difficult time with lists at the moment. We stand firm on that position.

[Baroness Walmsley]

The noble Baroness is very quick on her feet this afternoon but that is not the sort of list we are talking about. The list in Amendment 3 is dangerous because it probably leaves somebody out. In an individual school’s case, there may well be somebody who is appropriate to consult but who is not in the list. There are times when you have to trust schools. You have to trust what was in the Government’s amendment on Report, which is now in the Bill, that appropriate consultation must take place. Matters such as this will have widespread publicity within a local area, and any organisation that believes it is an appropriate group within the terms of the previous amendment from the noble Lord, Lord Hill, but has not been consulted will certainly jump up and down and shout about the matter, making sure that the governors of the school know its view on whether the school should go ahead.

I remind the noble Lord, Lord Whitty, that a school does not become an academy until the point of conversion. Although I personally strongly encourage schools to consult at the earliest appropriate moment, as I have already encouraged them to do in this Chamber, it must be done according to what we have in the Bill now, before conversion. That is vital.

[Baroness Morgan of Drefelin]

My Lords, I have learnt so much about conversion in the process of this Bill. I have learnt about the noble Baroness’s conversion to the benefits of the academy model promoted by those on these Benches and now by the party opposite, too.

We come back to what the Minister has talked about through our deliberations: the need to get the balance right between central prescription and local innovation, and the need to trust schools. Nobody in their right mind would think it a good idea for anyone in central government to be rude to schools or to put themselves in a position where they have to apologise individually to them. That is something that all of us around the Chamber take seriously.

Listening to my noble friend Lord Whitty proposing his amendment, I thought that what he said was very reasonable. At the heart of what he is asserting is the need for good guidance for schools. We are talking about potentially large numbers of sometimes quite small schools having to go through a process, and about giving them the right kind of support and guidance. I looked at the guidance that is available on the Department for Education's website. Consultation does not feature very strongly in that; it does not even get its own little blue box in the summary of the conversion process.

On Report, the Minister said that the Government were,

“amending our advice to converting schools on the department's website to include guidance on good consultation practice. We will discuss with an applying school as part of the conversion process what arrangements it has made for consultation”.—[Official Report, 7/7/10; col. 309.]

I would be happy if the Minister would explain whether the advice on the website has been updated since Report. We are in a very fast-moving process and if the Government are committed to providing full and proper advice and guidance to schools on consultation, that needs to happen quickly. The advice that schools get from the website about the communication that they should have with the local authority suggests that they should simply ask it to prepare for them details for the transfer of land—deeds and such. That is the context in which a conversation with the local authority is suggested.

There are good, simple suggestions on the website about how schools might consult parents, such as sending a letter to them explaining the proposals and perhaps meeting them. However, I am concerned that the only communication with the local authority should be to ask the local authority,

“to gather land ownership and land registration documentation and information”.

Surely there is a lot more that the school would want to talk to its local authority about. Will the Minister update that guidance, and soon?

[Lord Hill of Oareford]

My Lords, we return again to the issue of consultation—and we will have another go in a moment with the next group of amendments. We have had detailed debate on the subject both in Committee and on Report. These amendments cover much of the ground that we have already debated and on which I have brought forward amendments, so I hope that the House will forgive me if I am relatively brief in rehearsing familiar arguments.

As my noble friend Lady Perry argued, it is the Government's view that the individuals who lead schools—the governors and the head—are best placed to make decisions. They know the local area, the local circumstances of the school and how it relates to other schools in the area. We trust them to determine how to consult and we do not intend to provide an inflexible checklist, which would not make the consultation any more meaningful. The trusting of professionals to do their job is a key principle that the Government are keen to pursue on many fronts, and it underpins this Bill.

Amendment 3, as the noble Lord, Lord Whitty, set out, would also require the governing body to consult before applying for an academy order. We had this discussion last week on Report. It is not until the academy arrangement is finally entered into that the conversion process is legally agreed. That is why it is appropriate to leave it to governing bodies to decide when they should consult, so long as they do it before they enter into academy arrangements. However, I accept that they will frequently want to do it—as my noble friend Lady Walmsley said—early in the process rather than later.

The noble Baroness, Lady Morgan of Drefelin, rightly said that we are amending our advice on the website. I do not believe that it has yet been amended. I do not think that what she read out has been updated and we need to do that urgently. We will obviously discuss with an applying school the arrangements that it has made for consultation and we do not believe that we need to be more prescriptive than that.

Amendment 4 seeks to require the Secretary of State to consult the local authority over any academy proposals. Schools or proposers for free schools will, and have to, consult whomever they consider appropriate, and in many cases that will include the local authority. However, we do not believe that the Secretary of State needs to be involved in any consultations in addition to the school or the proposer, and we do not think it necessary to give local authorities a role which could—although perhaps only in some areas of the country—undermine the purpose of the Government’s policy; as we know, that has been the case in the past.

Given that we have had these debates and rehearsed these arguments, and are to return to them in the next group of amendments on consultation more generally, I hope that the noble Lord, Lord Whitty, will feel able to withdraw his amendment.

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[Lord Adonis]

I had almost finished. I just wish to make one concluding point. I support the policy of new school providers getting a fair opportunity to establish new schools where there is a need for additional schools in an area, either to meet the requirement for additional school places or—to be quite frank—to meet the requirement for high-quality places where they are not being provided by existing schools. If there is to be that opportunity, it is very important that we do not tie up school promoters in red tape that will either dissuade them from coming forward with proposals in the first place or hamper them unduly when it comes to conducting their consultations. Amendment 8 states that,

“the Secretary of State must satisfy himself that relevant interested parties have been consulted”.

As soon as you put phrases like that in legislation, you guarantee a succession of legal cases as people challenge what constitute “relevant interested parties”. That would not meet the purpose, which is the provision of new schools where they are needed or will raise the quality of education in an area, so I do not believe it is desirable.

[Baroness Morgan of Drefelin]

My Lords, it is my turn to pop up from behind the Dispatch Box. I was very interested to hear the noble Lord, Lord Bates, talk about the philosophical issues in Clause 4; I was equally interested to see the little exchanges going on across his Benches. Of course, we have very important business before us at this Third Reading.

My noble friend Lord Adonis and the noble Lord, Lord Phillips, put their finger on the issue that my amendment is about; that is, the Secretary of State being satisfied that appropriate consultation has been undertaken before an academy is established where there was no school previously. I think that we are all keen to hear what the Minister has to say, as my amendment is an amendment to his government amendment. I know that my noble friend Lady Royall will be pleased that he has listened to her remarks and taken on board concerns voiced around the Chamber about appropriate consultation on the establishment of free schools. There are real concerns and questions, for example, about how the admissions code might work in some very small schools, how schools set up by a group of parents might cater for other parents and how the broad and balanced curriculum might work in them. It is therefore important that questions around consultation are taken seriously. Like my noble friend, I believe it is important that, where there is a need for a new school, we make sure that parents have the opportunity to establish a school with the support of the education community around them and that if they consult appropriately they will not be accused at some later stage of having consulted only a few of their mates and people whom they know are fellow travellers and will simply agree with them.

In the interests of ensuring that taxpayers’ resources are invested in good new schools and that work is done to establish sustainable schools that fill a need, the consultation on the establishment of new free schools should be no less important to the Secretary of State than consultation on the conversion of a maintained school to an academy. I look forward to hearing the Minister set that out on the record. I shall think about his response when it comes to considering whether to press my amendment to his amendment.

[Lord Whitty]

My Lords, I support Amendment 8 as an amendment to Amendment 7, because it would require the Government in relation to free schools to engage in at least the same degree of consultation as they are required to engage in on conversion.

In a sense, I congratulate the Government on redesignating free schools as “additional schools” because that indicates what they really are. It may not be what the Minister’s PR department would have advised him to call them, but “additional schools” raises the issue of additional resources. At some point in this debate, probably now in another place, he and his colleagues will have to answer the question posed by my noble friend Lord Knight on how the additional schools will be financed.

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[Lord Phillips of Sudbury]

I apologise for interrupting the last gasp of the Minister’s excellent reply, but would it be fair to say that the obligation of the Secretary of State on the impact consideration is, to a significant degree, a different undertaking from the consultation to be undertaken by the promoters and that the Secretary of State will have to form his or her own judgment as to impact?

[Baroness Morgan of Drefelin]

Before the Minister responds to that point, will he also consider the points made by my noble friend Lord Knight about the impact on schools in an area? We talked about funding at Second Reading, in Committee and on Report. It is a theme that has come back again and again and it is an important point. When you are looking at the impact of a new school on an educational community, funding is a key question.

[Lord Hill of Oareford]

I was not disputing for one moment that it is an important issue. I was attempting, however crudely, to make the point that, with regard to consultation, which is the purpose of these amendments, I was not clear, as I listened to his points, precisely how they related to the amendments. As for my noble friend Lord Phillips, I have difficulty because he always asks such intelligent, perceptive and well-argued questions. My noble friend asked whether the Secretary of State will have to take the impact into account. The answer to that question is yes.

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[Baroness Walmsley]

I hope the House will allow me to say on behalf of the mover, since clarification has been required, that the analysis by the noble Baroness, Lady Morgan, of the amendment is a misreading of its intention.

[Baroness Morgan of Drefelin]

Well, another Morgan rises. This is a very interesting amendment. It has prompted quite a fascinating debate at the end of the passage of this Bill. For me the question is: what do we really want this annual report to look at? Is it the free- market, free school experiment in which we replicate the experience of Sweden so we can see by evaluating the impact on standards, as they did in Sweden, how standards fell markedly, or the expansion of the Labour Government’s very successful academy programme and how the coalition Government have learnt from that and further driven up standards based on our expertise and experience? There are lots of different ways of looking at this report.

I am very much in favour of ensuring that we have the data to evaluate the impact of government policy, that they are properly scrutinised and that Parliament has the opportunity to debate the outcome of that work. What would most interest me is a commitment from the Minister that we will debate this policy of expanding or morphing Labour’s academy programme to encompass outstanding schools and its impact, and have some hard data to back up the debate. We are having a conversation around this House that will carry on for some years. It would be good if that were to be supported by hard data. In the past, we have also had real concerns about the impact on children with disabilities and special educational needs, and on children in care. The ability to shine a light on the impact of the policy on their experiences and outcomes would also be of help. I am therefore sure that if that means we are actually going to do something with the data, I would support that. If there are annual reports that have not been published but should have been, I am sure that they are in the process of being compiled and we will see them coming on stream very shortly.

[Lord Hill of Oareford]

My Lords, I am very grateful to my noble friend Lady Williams for moving this amendment, not least because it gives me an opportunity, perhaps for the first time in our many lengthy discussions, to disagree with the noble Lord, Lord Adonis. I am grateful for that, if for nothing else—even though I obviously applaud the fact that that the amendment will deliver scrutiny and rightly give Parliament the opportunity to look at the progress of this important policy. As the noble Baroness, Lady Morgan of Drefelin, said, we have had an interesting debate in which all sorts of views have come from some surprising quarters around this House. I welcome the support of her party to openness and parliamentary accountability, which is perhaps a shift from the position that it might have adopted a few months ago when noble Lords were calling for debates and scrutiny. However, that point may be unfair.

During the second day of Report, I agreed and was keen to reflect on the persuasive arguments brought by my noble friends Lady Williams and Lady Walmsley, and, I accept, by the noble Lord, Lord Hunt, when we debated the importance of parliamentary scrutiny of the progress of academies and the impact of the Bill. I am therefore delighted that my noble friend Lady Williams has returned with the amendment.

We believe—this lay behind the point made by the noble Lord, Lord Adonis—that academies already operate within a highly accountable framework. They are indeed inspected by Ofsted and have to report on their performance to the Secretary of State; but I fully accept my noble friend’s argument that this policy marks a significant extension of the academies programme and that it is therefore right that we should report regularly to Parliament on its progress.

On the question asked by the noble Baroness, Lady Morgan of Drefelin, decisions about debates are probably not taken by me; I do not know, and it is not my area. Others in the House authorities will take them. However, if such a decision is taken, we could certainly debate the issue and, after the discussions that we have had so far in Committee and on Report, I can hardly wait for another opportunity to discuss academies.

I thank my noble friends Lady Williams and Lady Walmsley for their help and advice on this issue. It is also true, having heard the noble Baroness, Lady Sharp, talking about prodding and poking, that I feel prodded and poked by many of my noble friends, including the noble Baroness. I am grateful for that. I also thank all those who gave so generously of their time in Committee and on Report. A hard core sat through many hours, including Members of the opposition Front Bench. I should like to place my thanks to them on the record. I am grateful to noble Lords for the contributions made from all sides of this House. I am certain that the Bill is better as a result.

Amendment 9 will increase transparency and accountability to Parliament. That seems the right way forward, and I am extremely happy to accept my noble friend’s amendment.