Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, the noble Lord made much the same point before the dinner break. If he looks back over some of the legislation that he introduced, he will find that it is peppered with considerations and language of that kind. You cannot legislate without using general terms. The amendment that I have put forward has a long-stop protection in that it is capable of being judicially reviewed. If the noble Lord were to suggest that that is the very evil against which more precise language would guard, I would have to tell him, first, that more precise language cannot be used in a situation such as this and, secondly, that to give a controlled guided discretion to the Secretary of State is a device used in every Bill in every month of every year in this place. I am confident that it will work in this case. You have only to look at Clause 1(6), which refers to,

“pupils who are wholly or mainly drawn from the area in which the school is situated”.

You could argue till the cows came home about what “mainly” means and what,

“the area in which the school is situated”

means. As I say, at times legislative language must, and can only, resort to generalities. I think that the amendment I have produced is capable of being used practically and to effect. The alternative would be to have nothing in the Bill, which I suggest would be the worst of all worlds.

Given the backdrop that I have described, I very much hope that the Government will accept this amendment, which does not apply, of course—I have specifically excluded it from doing so—to maintained schools converting to parallel academies, which will be by far the larger number. However, there would still be a significant number of new free academies, which must surely also be expected to serve the higher purpose of educational justice for all, not just their own pupils. A big society, surely, must be an equitable society, particularly towards its most needy. My amendment may not be perfect, but something like it must be in the Bill if we want to end what Mr Gove called in his Statement today a “segregated and stratified” school system. I beg to move.

[Baroness Royall of Blaisdon]

My Lords, Amendments 191 and 114 are intended to probe the Government’s view of the long term of this reform and speak to concerns expressed elsewhere in this debate. In answer to questions about the Statement on free schools, I think that the Minister spoke of pilots, although I may be wrong. The amendments to which I speak ask the Government to pilot the Bill’s approach in limited areas, or initially to cap the numbers of these new academies so that the effect on nearby schools can be considered in the light of experience. It seems reasonable to me that if the effects that have been forecast of the disruption and funding shortfalls for vital services transpire, we will know that proceeding further along this road would be an error. Other amendments in this grouping discuss the need for openness and the consideration of the wider effects of this policy when proceeding with changes of status on this scale.

Amendments 119 and 177 relate to the criteria for acceptance of an application for conversion to an academy. Crucially, they relate to the need to consider the local impact of the change in the round and to consider the impact on community cohesion of the change to academy status. These constitute very real concerns. The amendment to which the noble Lord, Lord Phillips, spoke also addresses the local impact of these schools. I support the amendment. Questions need to be answered in relation to the example that he gave of a school in Suffolk.

Amendment 76A seeks to introduce a requirement for academies introducing new or significant sixth-form provision to consult existing providers of sixth-form courses, including sixth-form colleges and FE colleges in the area. It also seeks to ensure that academies are part of regional and subregional planning groups for 16 to 19 provision. This will ensure that there is no duplication of existing provision within an area and avoid inefficiency.

Local authorities currently act as commissioners for courses for 16 to 19 year-olds funded by the Young People’s Learning Agency. They engage with all providers across local authority boundaries to ensure that courses are provided which meet the needs of students and provide the best value to taxpayers. We would need to be assured that that process would continue with academies, because there needs to be an overview.

Amendment 92A seeks to introduce a fair funding element to 16 to 19 year-old provision in academies to ensure that 16 to 19 year-olds are not treated more favourably than existing providers of education for 16 to 19 year-olds. Currently, if an academy provides or introduces new 16 to 19 year-olds’ education, the funding is top-sliced from that which is given via the YPLA to other providers in the area. This funding is provided on the basis that all the places offered by the academy will be filled.

That is not the case for other providers, which are funded on the basis of the places that they have filled in previous years. It can also create an anomalous situation whereby, if places are not taken up at an academy, but the students instead choose to go to a sixth-form college, it is still the academy rather than the college that receives this funding for those places. That creates a financial incentive for academies to offer courses for which there is no or little new demand. I am not an expert in these areas, but when I was alerted to these specific issues, it seemed that these were the very issues that we should be probing and seeking answers on from the Minister.

These amendments are not designed to shackle the Secretary of State and they do not prevent him continuing with his plan. They merely seek to assure those who have perhaps been unnerved by the speed with which he is pursuing an end to any form of community accountability for schools.

[Lord Bew]

My Lords, I shall address some of the issues raised by the noble Lord, Lord Phillips of Sudbury, in his Amendment 4. Much of this is an issue of context. I was struck by the example of the case in Sudbury, which he gave in his speech at Second Reading. It is of concern that what we are doing with this new second phase of the academies project will leave certain schools and communities behind.

However, I want to suggest an angle of vision on this which I hope will be helpful in a small way to the Committee. If you look at a very traditional elitist system such as that which prevails in Northern Ireland—the grammar school system—which is different markedly from the system that is being discussed, although there is a small grammar school element to it, you will see that the results achieved at A-level and GCE are by far the best in the United Kingdom. At the bottom, the results are not so good—but nor are they now so divergent from those in England. Girls are actually doing better in Northern Ireland. Boys in Northern Ireland are doing worse than in England. However, those results tell you something: the way that our system has evolved over a generation or more is that we now accept that Northern Ireland will for ever lead the academic attainment lists at the highest level in the United Kingdom unless there are changes in policies. They tell you that at the bottom level this elitist system is not as bad in relation to England as we once thought it was. It is actually very close indeed. It is bad to be at the bottom level in England and in Northern Ireland.

The point I am trying to make is that the Northern Irish grammar school system, for all its many joys, was not formed in a political culture whereby a Minister for Education talked, as he was talking today, about using the state as a weapon for equity. In other words, the context is enormously important. It is important that the context is right when we discuss these questions and that the policy of the Government is directed towards greater equality of opportunity, which seems to be, as the noble Lord, Lord Phillips, conceded, where the Minister is coming from. He may not be quite the Marxist-Leninist that the noble Lord, Lord Greaves, talked about, but none the less that seems to be the approach. The status quo is leaving people behind. We already have a segregated system. The status quo is already having negative effects, and the noble Lord, Lord Phillips, whose point about unintended consequences I accept, is rightly concerned that they will become more marked as side effects of this new system.