Debate Excerpts: Baroness Walmsley vs Lord Phillips of Sudbury

Education Bill

Debate between Baroness Walmsley and Lord Phillips of Sudbury

Tuesday 18th October 2011

(13 years, 1 month ago)

Lords Chamber

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Lord Phillips of Sudbury

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I apologise to the House for overrunning the conventional time. I suppose it is because I take such a profoundly serious view of these curtailments of free speech that I have overrun the 15 minutes. However, I will wrap up my remarks quickly. Not one of the statistics to which I referred relates to the subject matter of Clause 13, which is pre-charge publicity—not allegations but pre-charge publicity. As regards allegations, 28 per cent led to disciplinary proceedings, more than 50 per cent had some substance and 18 per cent involved suspensions.

I am grateful to my noble friend for the concessions he has made. He may have had to battle for some of the concessions that he has wrung out of his colleagues. However, he does not accept my Amendment 48, which deals with the raising of the cap on freedom of speech in the case of a teacher who resigns or is dismissed, or Amendment 51, which allows a parent whose child has come home complaining of an assault to at least e-mail the other parents in the class to ask them whether they have had any experience of Mr Jones doing what he ought not to do, or e-mailing the staff, for example. To prohibit that seems to me utterly wrong. I speak to these two amendments in that spirit.

Baroness Walmsley

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My Lords, I have some amendments in this group. Like my noble friend Lord Phillips of Sudbury, I welcome the Government’s amendments. I congratulate my noble friend Lord Phillips on his success in persuading the Government to improve this clause as far as they have. However, I join him in urging the Minister to consider whether he could go a little further. There is devastating logic in what my noble friend says. I am also aware of cases where the abusing teacher has been asked to go away quietly so that no more will be said about the matter. Speaking of logic, I have two amendments in this group which seek to follow government policy and prevent an unintended consequence of this section of the Bill.

Noble Lords may remember that in Committee, speaking to Clause 42 stand part, my noble friend Lady Brinton said on behalf of both of us:

“I would also like to ensure that, where there has been abuse, the subsequent inspection overtly inspects what action has been taken, and openly reports whether the failures that allowed the abuse to occur have been put right. … Parents expect it, and children deserve it”.—[Official Report, 12/9/11; col. GC 117.]

I hope that the Minister will agree with that because it was the 22nd recommendation of the report of Sir Roger Singleton of June 2009, which was agreed to by the then DCSF under the previous Government. Significantly, the DfE under this Government also confirmed adherence to that positive response given in June 2009. Indeed, I know that our honourable friend Mr Tim Loughton has been considering how he can implement this and other recommendations of the Singleton report. There was some news of that only this morning.

Of course, I am aware that Clause 13 only prevents a publication identifying a teacher who is the subject of an allegation. However, the difficulty sometimes arises where writing anything at all about an event might lead to readers having a very good idea of who it might have been. For example, if something occurred on a field trip and there had only been one field trip that year, then it would be possible to identify the alleged perpetrator. So my amendments seek to ensure that we do not fetter the ability of a regulator or a responsible Ofsted inspector to do their jobs properly and to write in their reports about what happened and how the school has, or has not, put measures in place to prevent a repetition. This is what Sir Roger Singleton recommended should happen and that wish has since been endorsed by the previous Government and the current one.

So I hope that the Minister will now see that, in tabling Amendments 50A and 50B, I am trying to avoid that unintended consequence. I believe that Clause 13 as currently written could prevent a regulator or inspector from producing an adequate school inspection report following a case of abuse; a report which stated what action the school has taken. Has my noble friend had time to consider these small, but, I hope, helpful amendments, since they seek to implement what I believe to be the intentions of the Government as well as of the previous Government; intentions which were so well set out by Sir Roger Singleton’s recommendations?

I support what my noble friend and the noble Baroness, Lady Hughes, have said about the research that has been circulated to us from York Consulting. I looked at that myself, quite independently of my noble friend and the noble Baroness, and it occurred to me too that there was not a single fact in there that supports the need for this legislation; not one fact that talked about hyped-up, unwarranted publication of the name of a teacher prior to charge. There were lots of statistics about the increase in the number of allegations, lots of statistics about how many of those were eventually found to be unwarranted, but not a thing about publicity. So I still have great reservations about this legislation, despite the fact that in Amendments 50A and 50B I am trying to improve it, because I just do not feel that the Government have yet disclosed to us the pressing need for it, despite what the teaching unions would perhaps like to see. I really would say to the teaching unions—and I have said to the teaching unions—give me the evidence. Where is the evidence about these large amounts of terrible publicity that have brought the Government to decide that they need this legislation? I simply have not seen it yet.

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Education Bill

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