Achievement Gap in Reading

Debate between Kevin Brennan and Nick Gibb

Thursday 4th September 2014 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

May I thank the Backbench Business Committee for choosing this debate and congratulate the right hon. Member for Mid Dorset and North Poole (Annette Brooke) on securing it? I must confess that I had not realised that she was right honourable. I know that a very high percentage of Lib Dems have been knighted, received damehoods or been made right honourable, but in her case it is thoroughly deserved for the work she has done over many years in this House and her commitment to children’s issues, particularly that under discussion.

I also congratulate all the other speakers, including my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg), who is my former boss, the Chair of the Select Committee, my hon. Friend the Member for Huddersfield (Mr Sheerman), who is a former Chair of the Committee, and the hon. Member for Norwich South (Simon Wright). They will forgive me if I do not discuss their contributions—as I was going to do—given the time available.

There are a number of points to make about the achievement gap in reading between poorer children and their better-off peers. First, it is a real problem. As the right hon. Lady said, current Government statistics show that one child in every four leaves primary school unable to read well, which means that each year 130,000 children are already behind when they start secondary school. Of those, a disproportionately large number are from disadvantaged backgrounds; the proportion who leave primary school unable to read well rises to 40% for children on free school meals. We know that it is a real problem, so it is right that we are debating it today and that we will continue to do so.

Secondly, it is not a new problem. Successive Governments have made efforts to close the achievement gap. The previous Labour Government made extensive investment, politically and financially, starting with the literacy hour and progressing to schemes such as Every Child a Reader. I could cite evidence of the success of those programmes, including from the Institute for Public Policy Research’s 2012 report, “A long division: Closing the attainment gap in England’s secondary schools”, which clearly showed that the attainment gap between the richest and poorest students narrowed between 2003 and 2011. Despite that, we know that poorer children are still much more likely to have fallen behind in reading by age 11 than their better-off peers.

Thirdly, the issue really matters. Being behind in reading at age 11 has a massive impact on an individual’s life chances, but it also has a massive impact on the country as a whole. More people who are out of work or on low pay are functionally illiterate—one in four in both instances. More pupils who are excluded from school lack literacy skills. More young offenders and prisoners are poor readers. The list goes on. We can reasonably extrapolate from those statistics and observations that at the macro level crime is higher and economic growth is lower as a result.

Fourthly, this issue has become party political. In my opinion, it should not be. I am not trying to blame anyone in particular for that phenomenon; we are all politicians and we all have to make our case in order to win power and govern in what we believe to be the country’s best interests. That is the trade we are in and, in my view, it is an honourable one. However, as a former school teacher from a working-class background, I hope that it is possible to reach a consensus on a longer-term approach to making progress on closing the achievement gap in reading.

Of course, many of the root causes of the problem lie outside the immediate influence of school. Many parents are poor readers, as we know from the statistics, and they are therefore not in a strong position to help their children at home, even when well motivated to do so. Fifthly, therefore, this issue is not just about schools. We need to develop policies to support parents and families outside schools, especially in the early years. We are concerned about the overall impact of Government policies, whether in relation to Sure Start, as was mentioned earlier, or financial support to poorer families. Whatever the level of spending available to any Government, we ought to be able to agree on the types of policies beyond school that will help to tackle the problem.

I noticed a press release today from the Sutton Trust pointing out new analysis showing that parents from the richest fifth of households are four times more likely to pay for extra classes outside school for their children than those from the poorest fifth. I think that we should certainly look at the policy implications for supporting initiatives to give extra support, outside school or at the end of school, to pupils from poorer backgrounds. There are quite a few good initiatives out there for that, and the pupil premium might be a good way of supporting them.

Sixthly, we should make every effort, as politicians, to evaluate what works, including in schools. That is why Opposition Front Benchers welcomed the setting up of the Education Endowment Foundation, which the hon. Member for Norwich South (Simon Wright) referred to. It gives us the opportunity to start doing what so many people tell us they want us to do in education, whatever political party we belong to: to set longer-term policies.

[The Minister of State, Department for Education (Mr Nick Gibb)]

rose—

[Kevin Brennan]

Does the Minister want me to give way?

[Mr Gibb]

I was hoping that the hon. Gentleman would come to the end of his remarks, because I want to allow my right hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) to speak as well.

[Madam Deputy Speaker (Dame Dawn Primarolo)]

Order. I will be the one to decide that. The maths is that you have eight minutes each and there will then be a minute for the right hon. Lady.

Infant Class Sizes

Debate between Kevin Brennan and Nick Gibb

Wednesday 3rd September 2014 Commons Chamber

[Kevin Brennan]

I apologise for provoking my hon. Friend, but as I think I explained earlier, this is all part of the Secretary of State’s new policy on setting, in that the Lib Dems are set in a different group for this subject and are not allowed to participate in our discussions.

That pledge by the Prime Minister turned out to be worthless, so one would think, under the circumstances, that every sinew of ministerial effort at the Department for Education would be straining at the task of tackling this issue—that no distraction from the cause of meeting the challenge would be allowed and that scarce resources would be prioritised for the issue, with money spent on creating school places where there is a real need. But no, because according to the National Audit Office, two thirds of the places created in the Government’s pet free schools project have been created outside areas classed as having high or severe primary school need. The Government try to claim that the programme is tackling the shortage of places, but the very essence of the programme—a built-in design feature of the policy—is that the distribution of free schools is essentially random. The Department has received no applications to open primary free schools in half of all districts with high or severe forecast need for school places—not one. In fact, overall, only 38% of approved free schools are primary schools, while over 40% of them are secondary. Given that secondary schools are typically double the size of primary schools, despite the growth of “titan” ones under this Government, far more secondary school places are being created than primary school ones, which is where the greater need exists. As we have seen from the debate, there is an acute need. In other words, this Government’s insistence on ideology over pragmatism in opening new schools is producing the wrong kind of schools—secondary—in the wrong places. That is the very definition of policy failure.

Indeed, the National Audit Office found that 42 schools had opened in districts with no forecast need, with estimated capital costs of at least £241 million out of a projected total of £951 million for mainstream schools. That is not an accident. The Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton used to care passionately about class sizes. He told “Daily Politics” back in 2009 that it was important to get class sizes down,

“particularly at primary school level. This is really dramatic, how big our class sizes are compared with other countries.”

That is what he said in 2009, when there were 31,000 infant children in class sizes over 30; by January this year, that had risen to 93,000, which really is dramatic. Before the general election, the Minister told BBC London:

“A child can wander around corridors of a school anonymously because the teacher will not know the name and face of every child in the school. Smaller schools are much more intimate and it’s difficult for a child to be anonymous.”

Those are fine words, but the number of titan primary schools is soaring, with nearly five times the number of primary schools with over 800 pupils than in 2010. So much for intimate smaller schools as promised by the Minister.

What about this Minister’s views on trying to alleviate growing numbers by targeting the resources to areas where there is a shortage rather than a surplus of places? Here is what he said to “Attain Magazine” in spring 2010 about areas with surplus places:

“If it has surplus places beyond a certain figure, 10%, they will at the moment resist any new school coming in because they’ve got to fill these places first. But we’re saying that’s irrelevant”.

That was his attitude. “Irrelevant”—there we have it; it is not an accident. Instead of directing resources to where there is a shortage of places, more places are created where there is surplus of more than 10%. Why? Because right-wing ideology demands a market solution—creating an over-supply to drive out existing schools, rather than operate supportive and collaborative systems such as the highly successful London Challenge approach under Labour, which raised standards for all, and allow investment in new places to happen where those places are needed.

That is the ideology that lies at the root of the places crisis that we are seeing today, and the attempts to blame the last Labour Government are a smokescreen. The number of pupils in primary schools was falling between 2005 and 2010—it fell by 107,000—and the projections of increased numbers from the Office for National Statistics did not come until 2008-10. The last Government recognised that while overall numbers were falling at the time, in some areas, particularly in larger local authorities, more places would be needed. They provided core capital funding of £400 million a year from 2007-08 to 2010-11 to cover local growth in demand for places. Of course, the current Government never acknowledge that in their attempt to create a smokescreen about their role in the places crisis.

In addition, there was an annual “safety-valve” whereby local authorities, if they felt they needed it, could apply for additional funding to address exceptional growth. Until 2009, very few did, but in 2010-11, an extra £266 million was allocated to 36 authorities to provide primary places for September 2010 and 2011.

[Mr Gibb]

rose—

[Kevin Brennan]

I will let the Minister answer in his winding-up speech; I do not want to eat into his time.

That additional funding is never mentioned by Ministers seeking to deflect blame for their failure. In fact, in the last two years of the Labour Government, schools capital budgets were £4.08 billion and £4.44 billion; in the first two years of this Government, they were £3.62 billion and £3.1 billion—storing up huge issues for the future, with the main maintenance and repair budget also slashed. These cuts in capital make it all the more of a dereliction to direct funds away from areas in which places are needed. We will restore coherence to the system, and ensure that precious resources are spent where those places are needed. We will also end the ludicrous system whereby Ministers approve new schools and, in particular, new free schools, which is the Government’s current policy.

Members, including the Secretary of State, mentioned Falcons Sikh free school in Leicester. It was due to open at the weekend, but at the last second the Under-Secretary, Lord Nash, ditched it, leaving 70 pupils and their parents high and dry and uncertain about the future. How could circumstances arise in which, the weekend before a school was due to open, a Minister had to intervene to ensure that it did not do so? Where were the checks along the way? Why was the process allowed to reach that stage without the problem being picked up earlier? We need answers to those questions, because Falcons was exactly the sort of school that is supposed to be providing the places that we say are needed in our system.

What a shambolic and wasteful way to run a school system! We will restore local accountability through independent directors of school standards. We will stop the waste, and build for the future.

Oral Answers to Questions

Debate between Kevin Brennan and Nick Gibb

Monday 27th February 2012 Commons Chamber

[Mr Gibb]

I would encourage schools that want to have smaller class sizes and more control over how they are run to adopt academy status.

[Kevin Brennan (Cardiff West) (Lab)]

When the Secretary of State told the Select Committee on Education recently that teachers have to work only 32.5 hours per week, even if they work full time, did he really believe it or was he just trying to cause offence?

[Mr Gibb]

I am aware that many teachers do enormous amounts of unpaid overtime. That is a tribute to the professionalism of the teachers in our schools today. It is important that that overtime is not spent filling in voluminous forms or reading huge lever arch files of guidance.

History Teaching

Debate between Kevin Brennan and Nick Gibb

Tuesday 10th January 2012 Westminster Hall

[Mr Gibb]

Those are precisely the issues for consideration by the national curriculum review.

I know that my hon. Friend the Member for Kingswood would like history to be compulsory to 16, which is one of the things that the national curriculum review will consider. As I said at the outset, it is clear that some subjects, such as history, which all pupils should have a good grasp of, have been less popular choices at GCSE. The Government therefore want to encourage more children to take up history beyond the age of 14, particularly among disadvantaged pupils and certain ethnic groups. That is why we introduced the English baccalaureate, which will recognise the work of pupils who achieve an A* to C in maths, English, two sciences, a language and either history or geography, to encourage more widespread take-up of those core subjects, which provide a sound basis for academic progress.

The English baccalaureate has already had a significant impact on the take-up of history: according to a NatCen survey of nearly 700 schools, 39% of pupils sitting GCSEs in 2013 in the schools responding will be taking history GCSE, up eight percentage points and back to the 1995 level of history uptake. There are clear benefits to pupils in taking the subjects combined in the E-bac. Pupils who have achieved that combination of subjects have proved more likely to progress to A-level than those with similar attainment in different subjects in the past. They have also attempted a greater number of A-levels and achieved better results. We are also committed to restoring confidence in GCSEs as rigorous and valued qualifications. We will reform GCSEs to ensure that they are more keenly focused on essential knowledge in those key subjects, and with exams at the end of the course to support good teaching and in-depth study.

To refer to the questions of the hon. Member for Cardiff West (Kevin Brennan), what we want to achieve from the national curriculum review is a curriculum that is so good that the academies will want to adopt it, albeit not being compulsory. The national curriculum also does feed in to statutory testing, in maths and English at the end of key stage 2 and the GCSE specifications.

[Kevin Brennan]

Is the Minister considering writing into funding agreements the requirement that academy schools should teach the national curriculum?

[Mr Gibb]

No, that would obviate some of the freedoms and the whole essence of academy schools. The funding agreements require the teaching of maths, science and English to 16, thus making them compulsory, but the application of the national curriculum is not compulsory for academies, although it feeds into the specification that determines what is tested and assessed through the GCSE system. In that sense, there is an imperative for schools to teach those subjects.

The essence of the national curriculum review is to produce a curriculum that is on a par with the best in the world, based on evidence of what is taught in those jurisdictions that have the best education systems and against whom graduates from this country’s schools will be competing for jobs in the future. The national curriculum, which will be published and available to parents, will be of such a quality that it will become the norm and the benchmark against which parents will judge the quality of their schools.

Finally, I want to touch on the part that teachers play in our school systems as far as history is concerned.

Financial Education

Debate between Kevin Brennan and Nick Gibb

Thursday 15th December 2011 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

May I start by apologising for having been a couple of minutes late to the debate?

It is a pleasure to follow the hon. Member for Darlington (Mrs Chapman). She is right that an investment in knowledge pays the best interest—certainly better than the interest that some of my retired constituents are receiving on their bank balances at the moment. She made an important point, and I hope that the national curriculum review will ensure that our new national curriculum increases the amount of knowledge that children receive.

I congratulate my hon. Friend the Member for North Swindon (Justin Tomlinson) not only on his balanced and passionate speech but on his leadership, along with my hon. Friend the Member for Brigg and Goole (Andrew Percy), of the all-party group on financial education for young people. I thank the all-party group for its report on financial education in the curriculum. Both have been powerful advocates of the cause, and together with Martin Lewis have managed a powerful and effective campaign. I look forward to hearing from my hon. Friend the Member for Brigg and Goole later if he catches your eye, Madam Deputy Speaker.

Martin Lewis is an energetic and highly effective campaigner for financial education in schools, the result of which has been an e-petition with more than 100,000 signatures. From meeting Martin Lewis recently, it is clear to me how passionately he believes in the importance of financial education for young people to help them deal with the complexities and dangers of money and debt management. I know that the all-party group has also been well supported by the Personal Finance Education Group, which has worked for a number of years to promote and develop finance education in schools.

The Government are currently conducting two reviews—that of the national curriculum, which of course includes the core subject of mathematics, which is a cause about which my hon. Friend the Member for South West Norfolk (Elizabeth Truss) is passionate, and that of personal, social, health and economic education, which includes financial capability. The all-party group’s report provides important insights and recommendations to both reviews, and the Government are grateful to it for its thorough and high-quality report. We will examine it very carefully indeed.

I know that we all agree about the importance of good-quality personal finance education and the critical role played by a sound grasp of basic mathematical skills. Support from the finance industry and a range of good resources play their part in supporting schools to teach pupils how to manage their money well.

It is true that young people are growing up in a materialistic world for which they are often not fully prepared. As my hon. Friend the Member for Devizes (Claire Perry) said, the “Got to have it now” culture means that young people have high aspirations for branded or designer goods, often without the means to pay for them. They have unrealistic expectations about the lifestyle that they can afford, which are fuelled by the glittering trappings of celebrity.

My hon. Friend the Member for North Swindon made the important point that our generation—I like to associate myself with his generation—was cushioned from its financial mistakes by rising house prices, which provided equity to pay off consumer debts. That is not available to the current generation.

We all have a job to do in moving young people’s aspirations away from that empty and often destructive perception of what success means. Our determination to raise academic standards in all schools and for all young people, regardless of their background, is about high achievement and stretching aspirations. Developing children’s intellectual capabilities and interests is a direct antidote to materialism. Alongside that, young people must acquire a sense of responsibility. They need to contribute to society as responsible citizens and not take wild risks. They need to learn to live within their means.

[Kevin Brennan]

I understand why the Minister will not today give us the conclusions of the curriculum review that is under way, but does the first key recommendation of the report—that personal financial education should be a compulsory part of every school’s curriculum, which I take to mean all taxpayer-funded schools, including free schools and academies—fall within the terms or the remit of the curriculum review and the review of PSHE?

[Mr Gibb]

We made it very clear when we announced the review of PSHE education in schools that it is not possible for PSHE to become a statutory element of the national curriculum. However, it is in the remit of the review to recommend that elements of PSHE should be compulsory if it believes that strongly.

[Kevin Brennan]

Just to be clear, does that include making those elements compulsory in free schools and academies?

[Mr Gibb]

The national curriculum applies only to maintained schools. The rules that apply to academies go through their funding agreements. The review will consider that issue. The extent to which those elements will apply to academies depends on the funding agreements, which maintains the approach to academies taken by the previous Government.

--- Later in debate ---

[Mr Gibb]

My hon. Friend makes an interesting point. Those are the kind of issues that the PSHE review will consider. We want to ensure that the quality of PSHE teaching in our schools improves. That is the key driver of the review.

The hon. Member for Darlington quoted Benjamin Franklin, but I shall quote Mr Micawber from Dickens’s “David Copperfield”:

“Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery.”

Those aphorisms are as true today as they were in the nineteenth century. Borrowing more than one can afford to repay is one of the most serious social problems facing the UK today. British consumers are considerably more indebted than those in continental Europe. Between 1999 and 2007, household debt increased by 125% while household income increased by only 40%. The Office for National Statistics estimates that around 10% of all households have problem arrears and are unable to make minimum payments in one or more of their financial commitments. The Government are serious about taking action to help people to manage their debts.

We want to ensure that individuals facing financial difficulty can get advice early rather than waiting until their problems become more difficult to resolve. The new Money Advice Service has a statutory function to enhance people’s understanding and knowledge of financial matters and their ability to manage their own financial affairs. It provides free and impartial information and advice. Those consumers who find themselves in high levels of debt will continue to need specialist debt advice, and the Money Advice Service, with its consumer financial education remit and national reach, is well placed to take a role in the co-ordination of debt advice services as part of its existing services.

I have another quote; this time it is from Shakespeare. As Polonius advised his son—

[Kevin Brennan]

Neither a borrower nor a lender be.

[Mr Gibb]

The hon. Gentleman has said it for me.

“Neither a borrower nor a lender be.”

Can he carry on?

“For loan oft loses both itself and friend,

And borrowing dulls the edge of husbandry.”

I will give way to the hon. Gentleman.

--- Later in debate ---

[Kevin Brennan]

It is good advice from Polonius, but we must remember that he is widely regarded as an old hypocrite. Perhaps he is not the best person to quote. He was a silly old fool.

[Mr Gibb]

It was good advice to his son.

[Kevin Brennan]

Perhaps Iago might be more appropriate.

“Who steals my purse steals trash; ‘tis something, nothing;

‘Twas mine, ’tis his, and has been slave to thousands;

But he that filches from me my good name

Robs me of that which not enriches him,

And makes me poor indeed.”

[Mr Gibb]

Very good indeed. The green-eyed monster is there as well. The hon. Gentleman also makes the case for rote learning of English literature. That is missing from our schools. The more poems we can recite in our early years, the better. The hon. Gentleman must have learned that passage many years ago.

To be successful and to achieve aspirations, young people need to be able to stand on their own two feet. They must organise themselves, prioritise, manage money and work independently. That needs to start from an early age. Primary schools must lay the foundations by raising standards of arithmetic and securing a confident progression on to secondary schools. I am also mindful of the many reports of young people leaving school without the most basic knowledge of mathematics. We are committed to improving attainment levels in maths and to ensuring that all children leave primary school fluent and confident in arithmetic. We are studying evidence on the most effective ways of teaching arithmetic in primary schools and we have read the reports and listened to the speeches of my hon. Friend the Member for South West Norfolk.

In the current secondary mathematics curriculum, pupils must achieve fluency and confidence in a range of mathematical techniques and processes that can be applied in a wide range of circumstances, including managing money. The kinds of calculations that people should be able to do are set out in the report “Financial Education and the Curriculum” by the all-party parliamentary group. There is a suggested example of a GCSE question. It asks what Sophie should do with £4,300 that was left to her by her grandfather. She has a choice of two accounts. The first pays 3.1% on a monthly basis and the second pays 3.25% annually. The formula on page 41 is “AER=100[(1 + r/100n)ⁿ - 1]”. If one can master that, one knows all one needs to know about how to calculate compound interest.

Young people need to be confident and competent consumers. They need to be able to work out when a supermarket deal is not what it seems. For example, when supermarkets offer a deal on buying two small packs of something, they need to work out whether it is really cheaper per litre or per kilogram than buying one larger pack. In fact, I have found in some supermarkets that it is more expensive to buy one larger pack than to buy two smaller ones.

The Government are currently reviewing the national curriculum, including the curriculum for maths. The all-party report on financial education and the curriculum will feed into the review, and the review will ultimately ensure that the GCSE reflects its conclusions. We will consult widely on the number of maths GCSEs in the light of the review, and will consider evidence from the pilot of the pair of maths GCSEs referred to by my hon. Friend the Member for South West Norfolk. Application of mathematics and methods in mathematics will also inform decisions. We will look carefully at the evaluation of the pilot.

[Kevin Brennan]

What have not been mentioned so far, but have been endorsed by the hon. Member for North Swindon (Justin Tomlinson), are the qualifications in personal finance offered by the Institute for Fiscal Studies. Has the Minister had a chance to examine them and form a view on how suitable they are for pupils?

[Mr Gibb]

We will examine them as part of the curriculum review, but our first priority is to establish what knowledge children need. That will then feed into the qualifications. We have also benefited from Alison Wolf’s review of qualifications in schools. A process is under way to ensure that every qualification offered by schools is of sufficient size and quality, and commands respect in the real world among employers and further and higher education institutions. Those are the factors that will determine whether a qualification continues to be recognised in performance tables.

Education Bill

Debate between Kevin Brennan and Nick Gibb

Monday 14th November 2011 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

Were the Government able to provide any further evidence in the Lords as to the prevalence of such allegations and what proportion of them were found to be malicious?

[Mr Gibb]

I thought the hon. Gentleman supported these proposals. He will be aware that the National Union of Teachers and the NASUWT have compiled figures on such allegations against teachers. The NUT estimates there are about 200 a year, and we gave evidence to the Lords of at least 15 cases in the last few years where there were damaging local reports and publicity about the allegations before charges were brought.

[Kevin Brennan]

The Minister is right that the Opposition have supported these proposals, but they must also be carefully scrutinised for any possible unforeseen consequences. That has been done very effectively in the Commons in Committee and also in the Lords. Is it correct that in the Lords the Government accepted that about 2% of such allegations had turned out to be malicious?

[Mr Gibb]

Yes, of course, but we are talking about the effect on individuals, and if there is just one case of someone suffering such publicity about what turns out to be a false allegation, that is one case too many, as such allegations can have devastating consequences on teachers both socially and career-wise. The publicity that just one such case receives also reverberates throughout the teaching profession, undermining teachers’ morale and making them unduly cautious about maintaining discipline in our classrooms. If we are interested in the welfare of pupils in our schools, we have to make sure they are taught in ordered and safe environments, free from bullying and other disruptive activities.

I thought, however, that the hon. Gentleman was concerned in Committee less about the prevalence of such allegations and more about the question of whether these provisions should be extended to other sectors of the workforce. We have proceeded extremely cautiously, taking into account the fact that we must preserve press freedom as well as the integrity of teachers and their being innocent until proven otherwise.

--- Later in debate ---

[Mr Gibb]

I really do not want to intervene or interfere in this debate between two such august hon. Gentlemen, but we have been careful to tread warily between the two interests: the interest of protecting teachers from the full force of false allegations before they are proven or charges are brought, and from the publicity that might accompany them, and the important interest of protecting press freedom. We are treading cautiously, and that is why we have not extended the measure to other parts of the children’s work force. We want to see how it works in the first instance before making any further decisions.

In Committee, the hon. Member for Cardiff West (Kevin Brennan) made the case for providing protection to groups other than teachers, but he accepted our cautious and targeted approach and suspected that the clause, even in its narrow form, might attract the close attention of, as he put it,

“people more erudite and noble than ourselves”––[Official Report, Education Public Bill Committee, 22 March 2011; c. 557.]

He has been proven correct, but I am pleased to say that the substance of the provision returns to the House intact and with three important improvements. First, through amendment 5, the clause now makes it clear that tentative allegations that a teacher may be guilty of an offence should be treated in the same way as firmer allegations that they are guilty. That was always our intention because even—or, indeed, especially—tentative allegations can have a damaging effect on the teachers involved.

Secondly, through amendment 7, the clause now makes it clear that a judge who is considering an application for reporting restrictions to be lifted should take account of the welfare of both the teacher who is the subject of the allegation and the pupil or pupils who are the alleged victims. We will ensure through amendment 11 that where a teacher decides to identify himself or herself publicly as the subject of an allegation, reporting restrictions are lifted altogether. It is right that if a teacher effectively waives their right to anonymity by, for instance, writing in a newspaper about an allegation, others can also join the public debate.

The noble Lords echoed this House’s concern about clause 30, which would have removed schools and colleges from the duty to co-operate with local partners. My noble Friend Lord Hill met a number of peers during the summer to discuss the matter further and he then discussed the outcome of those conversations with me and the Secretary of State. We accept that retaining the duty would provide continuity while we implement the proposals of the Green Paper, “Support and aspiration: A new approach to special educational needs and disability.” That point was made forcefully in Committee. In another place, Lord Hill introduced amendments 18, 19 and 42 to remove from the Bill clause 30 and the related clause 31.

[Kevin Brennan]

When we were in Committee, I recall the Minister saying that he regarded the duty to co-operate as an “unnecessary prescription” on schools—[Interruption.] Perhaps that is the Secretary of State ringing up his hon. Friend the hon. Member for Stroud (Neil Carmichael) to give him the answer. In Committee, the Minister also said:

“It is not appropriate to delay removing that burden”—

that unnecessary prescription—

from schools.”––[Official Report, Education Public Bill Committee, 29 March 2011; c. 729.]

What points did Lord Hill make in the Lords that were different from those made in the Commons and how did that persuade the Minister to change his mind? Secondly, is this a temporary conversion or does he intend to remove the duty to co-operate at some further stage?

[Mr Gibb]

We were never against co-operation. It is very important that schools, academies and free schools continue to co-operate with other state bodies, locally and nationally, that affect children. That was our reason for removing the prescriptive duty. A number of changes are happening in relation to the Health and Social Care Bill and the SEN Green Paper and, having considered the matter further and reflected upon it, it is better to maintain the duty until deliberations over those measures are complete and until decisions about the SEN Green Paper have been taken.

--- Later in debate ---

[Kevin Brennan]

In the light of what the Prime Minister has said today about the dangers of schools coasting, is the Minister content, prior to the discussion of our amendment, that the Government’s position on this will not make matters worse, given the potential for schools that have been found to be outstanding to coast and then not to be inspected, with it being difficult to trigger an inspection for them in future?

[Mr Gibb]

The Prime Minister made some very important points about coasting schools in his article in The Daily Telegraph today. We want to see standards rise throughout the education system. There has been a concentration on failing schools, but we must also concentrate on the schools in the leafy suburbs that are not challenging their pupils as well as they should. All schools will now be subject to our scrutiny to make sure that they raise standards. The new performance tables will identify how schools perform in relation to children of high academic ability, as well as how they perform in relation to children of a lower academic ability. We will reflect on some of the issues raised by the hon. Gentleman, but outstanding schools are, by their nature, not necessarily to be regarded as coasting if they have been graded by Ofsted as outstanding. The arrangements I talked about are to do with using risk assessment strategies to pick up on problems, even in outstanding schools. Those risk assessments are what will trigger Ofsted to carry out an inspection in an outstanding school.

[Kevin Brennan]

My concern is that the exemption from inspection is almost an invitation to coast. There is a danger of that. Does the Minister not accept that it might be worth cogitating on that a little further in the light of what the Prime Minister has said?

[Mr Gibb]

I am happy to think further about those issues. However, the point of the proposal is that it is difficult for schools to achieve from Ofsted the accolade of outstanding. I am sure that the hon. Gentleman and the hon. Member for Liverpool, West Derby (Stephen Twigg) have visited schools that are categorised by Ofsted as outstanding. It is clear why those schools have been so categorised. I was at a school last week in Wiltshire that had been categorised by Ofsted as outstanding in all 27 categories. I believe that it was the first school to be given such a grading.

[Mr Gibb]

My hon. Friend is right that one has to be proportionate in these issues. Ultimately, this is a matter for the chief inspector of schools. If the results of an outstanding school start to decline, as was hinted at by the hon. Member for Cardiff West, it will be picked up in the risk assessment. He has made important points and we will, of course, reflect on them in the usual way.

[Kevin Brennan]

I will intervene one final time on this issue because I do not want to detain the House. The Chairman of the Select Committee knows that what he described was not what the Opposition proposed in Committee. We proposed triggers for inspection that would be appropriate for schools that had been ruled outstanding but may have slipped. Is that not exactly what the new chief inspector of schools, who was just appointed by the Government, has said in relation to checking whether outstanding schools remain outstanding? After all, when outstanding leaders leave outstanding schools, that can often lead to a big change in the performance of those institutions.

[Mr Gibb]

The hon. Gentleman makes a very good point. When a new head teacher comes into a school it can have important effects, and not necessarily beneficial ones if the school has been led by a very effective leader. That would be a risk assessment issue. I know that it is an issue that the new chief inspector, Sir Michael Wilshaw, is concerned about. We will reflect on those points in due course. The principle of having proportionate inspection and targeting the limited resources on schools that have the most pressing need is important. However, we must take it into account if a school that is graded as outstanding is not graded as outstanding in teaching, for instance.

--- Later in debate ---

[Mr Gibb]

My hon. Friend is right. All kinds of other factors will determine which awarding organisations schools use and why, and there is a “stickiness” compared with the fluidity that might exist in another market situation.

Lords amendment 37 would give the Secretary of State the power to pilot the use of direct payments in education for children with special educational needs. In the Green Paper on special educational needs and disability, we committed to give every child with a statement of SEN or a new education, health and care plan the option of a personal budget by 2014. One element of a personal budget can be a direct payment to a family to buy support for their child. Direct payments are already being used in health and social care, and we want to test how the greater choice and control they give to families can be effectively achieved in education too.

With those brief remarks, I commend the Bill and these amendments to the House.

[Kevin Brennan]

In this debate on Lords amendment 1 and all the amendments that it is highly convenient—for the Government, anyway—to group with it, I note that the Bill returns to us from the Lords without any non-Government amendments. Perhaps that is a reflection of changing times and the new, rigid hegemony in the other place, whereby amendments are rarely passed there without the Government’s say-so.

[Mr Gibb]

I thought that the hon. Gentleman might be a little more generous about the powers of persuasion of my hon. Friend Lord Hill.

[Kevin Brennan]

I was indeed going to be generous—about the powers of persuasion of our Front Benchers in the House of Lords. They persuaded the Government—more effectively than my hon. Friends and I in the Commons did—to change their mind on one or two issues, which I shall come to in a moment.

The Minister has taken the trouble to talk us through the Lords amendments, as he said he would, but some questions emerge from what he said that, if he has the leave of the House to speak later in the debate, I hope he will answer. Lords amendments 1 to 4 relate to clause 8 and the Secretary of State’s functions in relation to teachers. The Bill abolishes the General Teaching Council for England. I note that some criticisms have been made of its operations. One year after the publication of the White Paper, “The Importance of Teaching”, in which the Secretary of State said—I agree with him about this—that there was

“no calling more noble, no profession more vital and no service more important than teaching,”

it is significant that he has taken the opportunity to abolish the professional body.

The Bill transfers some of the General Teaching Council’s functions to the Secretary of State, among which is the power to prohibit a teacher from teaching. In Committee in this House, we debated an Opposition amendment—which, surprisingly, was not successful—that would have required the Secretary of State to keep a list of persons prohibited from teaching. I note that Lord Hill confirmed in the other place that the Government believe that a database of teachers prohibited from teaching will be established. We tabled amendments here and in the other place to require the Secretary of State to keep a register of qualified teachers—again, to our surprise, without success—but Lord Hill indicated that he would consider the matter, saying,

“we have been persuaded by concerns raised in this House and elsewhere that there is a genuine need for the Government to help schools to know who has qualified teacher status and who has passed induction.”—[Official Report, House of Lords, 18 October 2011; Vol. 731, c. 257.]

That is welcome. He went on to confirm that there would be an online database from 2012.

Another concern is the proposal to give employers discretion over which cases of misconduct—those that might lead to the prohibition of a teacher—to refer to the Secretary of State. Again, colleagues in both Houses raised concerns about transparency and consistency. I welcome Lord Hill’s notification to Baroness Jones that the Government are developing advice on the new system to help professional conduct hearing panels determine when a teacher should be prohibited from the profession and that such advice will be available publicly.

Lords amendments 1 to 4 would enable the Secretary of State to issue interim prohibition orders—quickly imposed orders that prevent a teacher from undertaking work while the Secretary of State is considering their case—where he considers it in the public interest to do so, and they must be reviewed every six months. The amendments were tabled in Grand Committee in the House of Lords, but I do not think they were debated there. Their rationale was not given, so when the Minister replies he might like to emphasise what the rationale was, what the amendments will achieve, why they are so important and perhaps why they were not included in the first draft.

Lords amendments 5 to 15 relate to restrictions on the reporting of alleged offences by teachers, about which we had an exchange earlier. We have supported the Government’s intention to help protect teachers from malicious allegations, but we have also been keen to ensure that the provisions are properly scrutinised, as there is a possibility of unintended consequences.

The Lords amendments would extend the reach of clause 13 to cover tentative allegations against teachers. As the Minister rightly pointed out, following advice from the trade unions and others, we argued that the clause’s reach could be extended so that the restrictions apply not only to teachers in schools but to other school staff. The Chair of the Select Committee, the hon. Member for Beverley and Holderness (Mr Stuart)—I am sure it is only a matter of time before he becomes a right hon. Gentleman—mentioned this earlier. In our view, other school staff and staff in further education colleges should be included. The impact of a publicly reported unproven allegation, which the Minister eloquently described, applies to those people, too, and is potentially equally damaging. I understand the Government’s general desire to limit the number of people on whom the provisions will have an impact, but I do not understand why teachers in FE colleges should not be covered when teachers dealing with young people of the same age group in sixth forms—quite possibly teaching exactly the same subjects—are covered. This seems to be an inconsistency in the Bill.

I note what the Minister said about extending the provisions to cover tentative allegations. I make it clear that we do not object to that, but we ask him to be absolutely clear about his motives for including the amendments at this stage. Does he have any further thoughts on the desirability of extending the scope to include non-teaching staff and all staff in FE colleges? If he has any compelling reasons why those staff should be excluded, we would like to hear them. Having listened to him earlier, I am not sure what his evidence is for excluding these staff from the scope of the provisions. I understand why he might want to limit the number of people covered—perhaps that is why he has put a ring fence around teachers—but I do not understand the rationale for failing to include the other staff.

--- Later in debate ---

[Mr Gibb]

As the hon. Gentleman will know, the previous Administration, of which he was part, considered extending the fining power to Ofqual. Indeed, Kathleen Tattersall lobbied Members of Parliament for it to be introduced during the Committee stage of the Apprenticeships, Skills, Children and Learning Bill before the election. Ofqual will launch a consultation when it begins to set out the circumstances in which the new power will be used, and the consultation will last 12 weeks in the normal way.

[Kevin Brennan]

Not only am I aware of that, but I actually said about two minutes ago that it had originally been in the White Paper that the Labour Government introduced. That does not alter the fact that had the Government intended to do this, they could have consulted on it originally, rather than hang it as a bauble on a Christmas tree Bill and react to newspaper headlines. It seems that these proposals have been rushed. I welcome the fact that there is to be a proper consultation, but consultations should happen before proposals are enacted rather than after.

Lords amendments 18 and 19 remove clauses 30 and 31, which repeal the duties to co-operate with a local authority and to have regard to the children and young people’s plans. We welcome the Government’s support for reinstating the duty to co-operate by removing clauses 30 and 31. Labour Members on the Public Bill Committee voted that clause 30 should not stand part of the Bill, but Government Members defeated us. Baroness Hughes co-signed the amendments to leave out clauses 30 and 31, so we strongly support their removal. Had they remained part of the Bill, the Government would be putting the reduction of alleged bureaucracy ahead of the safeguarding needs of some of our most vulnerable children. In their professed zeal for cutting as many processes, systems and guidance as possible, the Government were in danger of throwing out things that raise standards and improve safeguards for our children. These duties are examples of the latter.

As I said in an intervention, in Committee the Minister characterised the duty to co-operate as an unnecessary prescription and went on to say that it was not appropriate to delay the removal of that burden on schools. In the Lords, Lord Laming spoke eloquently and convincingly to expose the irresponsibility of the Government’s position:

“In every inquiry that has followed a tragedy to a child with which I am familiar, two key messages have permeated every report like the lettering through a stick of rock. The first is that in future each service, including education, must greatly fulfil its particular responsibilities to promote the safety and well-being of each child. The second is that each service must develop the skills to work successfully across organisational boundaries and share information at an early stage.”—[Official Report, House of Lords, 30 June 2011; Vol. 728, c. GC268.]

I can understand why the Government might have listened to Lord Laming more readily than they listened to us in the Commons, but they were fully aware of the views of Lord Laming and others on these matters.

Lord Laming went on to say:

“The development of children’s plans and children’s trusts under the Children Act 2004 were designed specifically to place the well-being and the promotion of care of children in this wider context. In the letter which the Minister sent to me, he said that the Bill simply reverts to the earlier position.”—[Official Report, House of Lords, 30 June 2011; Vol. 728, c. GC268-269.]

So that was what the Government wanted to do: to revert to the earlier position—the one pre-Laming—using this Bill. By including these clauses, they originally showed their disdain for the services and processes that have since been put in place to keep our children safe. It is abhorrent that any Government, not least one who said at one time that they wanted to be the most family friendly ever, should be willing to risk the safety of our vulnerable children just so that they can reduce prescription.

I am glad that the Government have got it, albeit late in the day, but I am concerned that this is a temporary change of mind. I was not assured by what the Minister said in reply to my intervention, because Lord Hill’s letter to Baroness Hughes on 12 October said:

“We are persuaded that the duty in itself provides schools, colleges and others with sufficient freedom to determine the arrangements that work best for them”.

In a letter of 6 October 2011 to Baroness Hughes, he said that the reason for the Government’s change of mind was that this was a temporary measure while they worked through how to achieve better collaboration in the planning, commissioning and delivery of services.

I welcome the Lords amendments, but we want to strengthen them slightly. We have tabled an amendment that would ensure that schools must in all cases have regard to children and young people’s plans created by children’s trust boards, whether or not they are made under section 17 of the Children Act 2004. I should like an assurance from the Minister. Are the Government committed long term to a wide-ranging, overarching duty on schools to co-operate with local authorities and other local partners, which include health and police bodies, to promote the well-being of children? Is that a long-term commitment of the Government, or do they intend to water down or attempt once again to abolish the duty in the future?

[Mr Gibb]

Perhaps I can help the hon. Gentleman by quoting my noble Friend Lord Hill, who said in another place that he accepted the point made by our noble Friend Lady Walmsley that

“at a time when the Government have recently announced pathfinders to test and work through our SEN Green Paper proposals, which seek to encourage greater partnership working, we should not risk sending…any confusing messages about the importance of partnerships. I took their advice and decided that the simplest thing to do was to delete the relevant clauses.”—[Official Report, House of Lords, 24 October 2011; Vol. 731, c. 634.]

[Kevin Brennan]

The interesting thing is that one reason why the Government became confused or were in danger of sending out confusing messages was the interminable delay in the publication of the Green Paper on SEN, which we were promised well before the consideration of the Bill in Committee and which finally turned up extremely late. Had it been published on time, perhaps the Government would not have been in danger of sending out confused messages, but I simply reiterate that we are concerned that the Government do not appear to have a long-term commitment to give schools an overarching duty to co-operate. We await confirmation from the Government that they believe that such an overarching duty to co-operate is important and should be retained in the long term.

Labour’s amendment (a) to Lords amendment 19 would require maintained schools to have regard to children and young people’s plans produced by children’s trust boards whether or not that is prescribed in regulations made by the Secretary of State. We voted in the Commons that clause 30 should not stand part of the Bill. Our amendment to delete clause 31 and insert another clause is intended to extend that opportunity for that omission to be retained.

The Government’s suggested changes to the law on the arrangements to admit pupils to school have been debated throughout the Bill’s passage through Parliament. On two occasions—on Report in the Commons and Lords—the Government have introduced amendments that have responded to some if not all the points made by the Opposition. The whole point about admissions is fairness and how we can have a system that gives children fair access to local schools in accordance with their parents’ wishes. In the centrally managed schools system that the Government are creating, it is regrettable that the Government have resisted placing a clear and unequivocal duty on the Secretary of State to work towards fair access to education.

We welcome the reinstatement of the duty on local authorities to send reports to the adjudicator, which is the effect of amendments 21 and 22. The fact that the reports will not now receive the special treatment for such reports, which is removed by amendment 20, is regrettable, although I hope that it does not lessen their importance and that the contents will still receive the full attention of the adjudicator. I trust that that is what will happen.

--- Later in debate ---

[Kevin Brennan]

The Government made it clear during the Commons stage that they wished the academies to be subject to the admissions code. We welcomed that at the time and I am happy to welcome it now, because any state school should have a fair admissions policy. Any school funded by the taxpayer should admit pupils on a fair basis in accordance with the code. We therefore welcome the extension of the code to academies and the clarification of that by the Government, rather than relying on funding agreements in order to achieve that.

One of the innovations of the Bill that we debated is the change to the powers of the schools adjudicator. Currently, when an admissions authority is found to be in breach of the code, the adjudicator can rectify any flaws with immediate effect, but following the passage of the Bill, the adjudicator will be able to make only “binding” decisions, which the admissions authority will be obliged to implement. Ministers have already made it clear that the purpose of that change is to emphasise the importance of schools taking responsibility for their own actions, but it should not allow them the scope to avoid those responsibilities or to frustrate parents who have made a successful complaint and have a legitimate expectation that matters will be put right promptly.

The draft version of the admissions code was pretty clear. Paragraph 3.1 stated:

“The admission authority must revise their admission arrangements immediately to give effect to the Adjudicator’s decision.”

That was the original version of the code issued by the Minister, which was pretty clear and unambiguous, as it should be. However, I was dismayed to read in the revised version of the draft code, published 10 days ago, that paragraph 3.1 has been changed. It now states:

“The admission authority must where necessary revise their admission arrangements as quickly as possible and no later than 15 April following the decisions (i.e. the deadline for determination of admission arrangements) to give effect to the Adjudicator’s decision.”

It is not clear from reading out those two sentences, but there is an important difference in their visual presentation. In the first sentence the word “must” is rendered in bold, whereas in the second sentence it is in plain text and “15 April” appears in bold. The proper sense of urgency and compulsion seems to have been replaced by one of contingency and delay. Although the second sentence states “as quickly as possible”, which is a weaker statement, the eye is drawn to “15 April”. Bearing in mind that the deadline for objections has been brought forward by a month to 30 June—a sensible change that we support—that means that there could be a delay of 10 months or more before a decision is implemented, which is simply unacceptable.

It is not necessarily for the legislation or the new code to undermine the effectiveness of the office of the adjudicator in a wholly unnecessary attempt to provide for circumstances that have not proved problematic under previous arrangements, so our amendment would put it beyond doubt that, where changes are required in response to valid objections, they must be implemented in time to benefit those who made them.

On constituting governing bodies, to which the Minister referred, it might be helpful if he offered some clarification. Our amendment was intended to make it absolutely clear what the Government’s amendments mean in relation to staff on governing bodies. In Committee, the Minister said:

“I am cautious about prescribing centrally the basis on which governing bodies should appoint people.”––[Official Report, Education Public Bill Committee, 31 March 2011; c. 811.]

Having had time to consider the matter, the Government and the Minister appear to have changed their minds completely. If that is the case, we welcome it. Will the Minister confirm that he now thinks that more than one member of staff could be a member of a governing body, which might help us in relation to our amendment? If he does so now, he might not need to later.

[Mr Gibb]

I am happy to confirm that we want to reduce the amount of prescription on how to constitute a governing body. After deliberation and discussions with Members of this House and in another place, we have said that we will prescribe one staff member and one local authority representative, but that does not remove the discretion of governing bodies to appoint others; it is merely stating that there should be one staff member and one local authority member.

[Kevin Brennan]

That is extremely helpful. The Minister’s words will probably satisfy us so that we need not press that amendment to a vote later.

The chief inspector and the question of whether schools can be exempted from inspection were the subject of our earlier debate and of some interventions by me, the Chair of the Education Committee and my hon. Friend the Member for Scunthorpe (Nic Dakin), who is no longer in his place—I almost said Grimsby, but it is important to get the right part of Lincolnshire. Those remarks, and what the Prime Minister said earlier today about coasting schools, bring the issue more clearly into focus. As it stands, the clause removes the requirement for Ofsted—in other words, the chief inspector—to inspect and issue a report on each school in England, at a frequency set out in regulations, that rates the overall quality of the school and sets out its areas for improvement. Clause 41 will have a similar effect on further education institutions, which will be debated in the second group of amendments.

In effect, the provisions would exempt certain schools from section 5 inspections. Furthermore, the exemption would not be for a fixed number of years, and neither would a school be exempt only until something indicated that standards needed to be re-checked, such as a complaint from parents or pupils, a change of head, or concern being expressed by the local authority. It is possible that, under the clause, some schools could be exempt from inspections almost in perpetuity unless they wanted to pay for one.

It was pointed out earlier that a school could still be inspected under the chief inspector’s programme of surveys of curriculum subjects and thematic reviews, during which time the chief inspector may elect to treat the inspection as a partial section 5 inspection. However, that does not mean that every school would be inspected—far from it. In the case of the curriculum and thematic reviews, only parts of the school’s performance would be looked at.

The Prime Minister said earlier today that he was concerned that comprehensives in wealthy villages and market towns were sometimes coasting, although I do not know why he picked out comprehensives; that could apply equally to grammar schools in some parts of the country. He said that the fact that their

“respectable results and a decent local reputation”

hid the fact that their pupils could be performing much better. We know how quickly schools can move, for a variety of reasons, from being outstanding to what the Prime Minister describes as “coasting”. The Opposition’s proposals to provide more triggers for inspections when real concerns arise should have been accepted by the Government.

When Sir Michael Wilshaw gave evidence to the Select Committee on 1 November 2011, during his pre-appointment hearing before taking on his role as the new chief inspector of Ofsted, he said:

“Ofsted is about raising standards and it seems to me that there are only two levers for raising standards; one is Government and regulation, and the other is Ofsted.”

He later went on to correct himself, saying that he meant “two main levers”, stating:

“In terms of accountability, Government and Ofsted are the two main levers.”

In relation to the amendments, will the Minister tell us whether he agrees with the new chief inspector of schools in that regard?

--- Later in debate ---

[Mr Gibb]

Thank you, Madam Deputy Speaker. In the light of your ruling, I will make just one point to my hon. Friend which is relevant to the amendments. The performance tables will identify the results and show how well children did at primary school. There will be a column for children who achieve level 5 at key stage 2, and another column for those who achieve level 3 at key stage 2. There will also be columns for those with special educational needs and those with disabilities. That will help to identify those schools that are coasting, and we will then take action against those schools or help them to improve their results.

The hon. Member for Cardiff West also talked about triggers for inspections. That is a matter for Her Majesty’s chief inspector, but I can confirm that there will be annual risk assessment for outstanding schools, which will normally commence three years after the last inspection. Where there is a change of head teacher before that point, however, the chief inspector has agreed to bring forward the risk assessment, including an HMI review. Ultimately, however, we have to leave it to the professional judgment of the inspector to determine whether an inspection should be triggered. Factors to be taken into account might include: the performance data of a school that had previously been judged to be less than outstanding in achievement or teaching not showing signs of improvement since its last inspection; progress measures showing that pupils or students were not making good progress in comparison with similar groups nationally; or below-average attendances showing little sign of improvement. Many factors can act as a trigger for an inspection.

The hon. Gentleman also raised the issue of admissions. I thank him for his attention to detail in scrutinising the codes, but I can assure him that they are statutory. “Must” means “must” in those codes; they have the full force of the law. On his wider point, the vast majority of the changes can be implemented quickly, but there are cases in which they might take longer than 14 days, at which point 15 April will form an ultimate backstop. The key point in paragraph 3.1 of the code states that the adjudicator’s direction should be implemented as quickly as possible.

[Kevin Brennan]

I thank the Minister for his comments. Would he be prepared to put it on the record that going right up to 15 April should happen only on very rare occasions, rather than in the majority or a large minority of cases?

[Mr Gibb]

What I will put on the record are the words used in paragraph 3.1 of the code, which states that admission authorities must where necessary revise their admission arrangements as quickly as possible, and no later than 15 April, following the decisions to give effect to the adjudicator’s decision. It goes on:

“An Adjudicator’s determination is binding and enforceable.”

I will come back to that point when I address the hon. Gentleman’s amendments in more detail.

On Ofqual, the power to fine would be used only where that was the most proportionate response to an incident of non-compliance with its conditions. As I have said, Ofqual will consult on the use of its power and will publish a full statement as part of its qualifications regulatory framework setting out how and under what circumstances the power will be used. That will make clear Ofqual’s expectation that only serious or persistent breaches will lead to a fine. Of course, it will allow 12 weeks for responses to that consultation.

--- Later in debate ---

[Mr Gibb]

The incidents I would cite are those from this summer when there were persistent errors. The persistence came, in particular, after we had asked the awarding organisations to check that there were no further errors. They did those checks and confirmed that there were none, but then further errors were discovered and damage was caused. That is an example of persistence in the errors we are trying to eliminate from the system.

The hon. Member for Cardiff West asked for an explanation regarding Lords amendments 89 to 91 about land. The Bill introduces new powers to transfer the publicly funded land of foundation and voluntary schools and academies to free schools and academies when those schools close or the land is to be otherwise disposed of. Lords amendments 89 to 91 reduce the reach of those new powers so that they do not apply to land that is leased to a new academy by a private landlord. Where we are engaging in commercial negotiations with private landlords for the lease of land to new free schools, we think it is more appropriate to protect any public investment in that land by contractual means rather than in statute.

The hon. Gentleman also raised the PFI issue and I am happy to restate the purpose of amendment 34. Under section 6(2) of the Academies Act 2010, a local authority “must cease to maintain” a school once it converts to academy status. Some banks and local authorities have asked whether that prohibition on maintenance might prevent a local authority from making a payment under PFI or other contracts. Our view is that local authorities have always been able to use their own resources to provide assistance, including financial assistance, to academies and to enter into contractual commitments and incur liabilities on their behalf. We are clear that section 6(2) of the Academies Act does not prevent the continuation of those activities. All academies are and will continue to be maintained by the Secretary of State under funding arrangements entered into under section 1 of the Academies Act, and any assistance provided by local authorities to academies, whether financial or otherwise, will only ever be a proportion of the total expense. Amendment 34 therefore confirms that local authorities can continue to make payments for academies under PFI and other contracts.

My hon. Friend the Member for Bedford and the hon. Member for Cardiff West raised the issue of direct payment pilots. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather), who has responsibility for children and families, wrote to peers in the other place explaining the importance of introducing this new clause and consulted on the text of the draft clause, including in relation to special educational needs and disability organisations as well as local government interests. The principles behind the clause—greater choice and control for the families of children with SEN—are shared across the House. Indeed, the clause is modelled on legislation on the direct payment health pilots that were introduced by the previous Government. Let me reassure hon. Members that the orders needed to give practical effect to the clauses are subject to the affirmative procedure. These are, after all, powers concerning pilots rather than a national scheme and the clause has a sunset provision of four years.

My hon. Friend the Member for Beverley and Holderness asked about anyone being able to refer complaints to the adjudicator. We do not believe this change will lead to many more complaints. The regulations on which we are currently consulting will ensure that repetitive, vexatious or anonymous complaints cannot be made. I hope that will provide him with some reassurance. On the issue of spite, which he also raised, “anyone” does mean anyone, so it could be a school or a charity. The only proviso is that they must be willing to put their name to objections and to refer matters that are new or substantially new to the adjudicator.

My hon. Friend asked about consistency in the referral of misconduct cases by schools to the regulator. Evidence suggests that there is already variation in referrals despite the blanket duty on employers to refer all cases, and this duty has not been affected. Employers will know when a case of misconduct is serious enough potentially to require a referral from the profession, and they can use the draft prohibition guidance, which I can send to my hon. Friend, to help them make this decision. If a member of the public is not happy with the decision, they can refer a complaint to the Secretary of State.

My hon. Friend also asked about Ofsted’s capacity to deliver more rigorous assessments. We have discussed and agreed the more rigorous risk assessment, and Ofsted has the resources necessary within its budget to achieve this. Every organisation has to prioritise its resources in the current economic climate and Ofsted is no different.

I thank my hon. Friend the Member for Bedford for his continued and vocal support for academies and free schools. I assure him that it is right that admissions at academies and free schools must comply with the admissions code as set out in their funding agreements. As with all other state-funded schools, complaints about admissions will now go to the adjudicator.

My hon. Friend also raised concerns about particular families who do not adopt personal budgets—one third is the figure he cited—and the support they require. He argues for having pilots, and that is what the new clause does. I share his concerns about the possible burdens on families. That is why the pilots will look at the support available to families and how the system can be as straightforward as possible to use, as well as at which families take up those payments and which do not. On the point that the hon. Member for Cardiff West made, cost-cutting is not a driver for this policy—it is about having greater choice and control.

On the issue of Ofqual and how the Conservatives could support a regime of fining by a regulator, my hon. Friend the Member for East Hampshire set out the reasons why the qualifications market needs to be regulated. I should like to make it clear that turnover will be determined in accordance with an order made by the Secretary of State and that Ofqual will consult on how the fining regime is to operate.

I listened carefully to the comments of my hon. Friends the Members for Bedford and for Stevenage about primary schools. Primary national offer day will be 16 April. The idea is to co-ordinate the date rather than to put any new pressure on parents to get their children into certain primary schools. It merely makes things easier and less stressful for parents rather than more stressful.

Let me deal briefly with some of the amendments tabled by the hon. Member for Cardiff West. He will know that we have listened carefully to the concerns expressed in this House and in the other place in response to our original intention to withdraw schools and colleges from the duty to co-operate. The evidence of that engagement is clear in these Lords amendments. We have removed the “duty to co-operate” clause as well as the clause that the hon. Gentleman seeks to amend regarding the children and young people’s plan.

The hon. Gentleman’s amendment (a) to Lords amendment 23 relates to our plans to allow anyone to refer an objection to the schools adjudicator about the admissions arrangements at any state-funded school in the country. The amendment would require admissions authorities and others to comply with the adjudicator’s decision within 14 days of receiving written notice of that decision. Current legislation in this area, which was introduced by the Labour party, requires compliance to be forthwith. Let me assure the House once more that our changes to admissions do not affect the adjudicator’s power to consider and decide on the matter put to him and other matters as he sees fit, or to make binding decisions as a consequence. The amendment would impose a stringent national timetable for the implementation of such decisions. It is based on two false assumptions—first that schools do not wish to put things right, which they do, and secondly that all situations are the same, which they are not. On that basis, I hope that the hon. Gentleman will not press his amendment to a Division.

[Kevin Brennan]

I am grateful to the Minister for those comments, but can he firm up what he has said by making it clear from the Dispatch Box that he sees no reason why, in the vast majority of cases, the schools adjudicator’s ruling should not be implemented if not forthwith, then within a very short period of time and certainly not at the last possible moment?

Grammar Schools

Debate between Kevin Brennan and Nick Gibb

Tuesday 8th November 2011 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I begin by congratulating my hon. Friend the Member for Dartford (Gareth Johnson) on securing this important debate, which has been interesting and well argued. As ex-grammar school pupils, we share a familiarity with the high standards and positive experience that grammar schools engender. I also know that he continues to serve as a governor at Dartford grammar school for girls to ensure that those standards and values continue. As the Sutton Trust recently reported, more than eight in 10 of girls at that school are accepted at university. At 83%, it is around the same percentage as Maidstone grammar school, which I attended for one year, where 87% are accepted. That record is testament to the work of the school, its staff and the girls themselves. More than nine in 10 pupils go to university from Dartford grammar school—the boys’ school.

This debate comes at a time of almost unprecedented reform in our education system, and I am grateful to my hon. Friend for paying tribute to the work of the Department since May 2010. For too long, standards were allowed to slip in far too many schools. I know that Sir Michael Wilshaw, Her Majesty’s new chief inspector at Ofsted, will bring a resolute determination to reverse that trend and to return the focus of all schools towards excellence rather than excuses.

Grammar schools ensure that thousands of state-educated pupils move on to higher education and to the most competitive universities. Around 1,050 grammar school pupils were studying at Oxford and Cambridge in 2009. Some 98% of pupils in grammar schools achieved five or more GCSEs at grades A* to C, including English and maths, compared with 57.8% of pupils nationally. In 2009-10, some 95% of grammar schools pupils who were eligible for free school meals achieved five or more GCSEs at grades A* to C, compared with about 31% nationally. The gap between the overall figure of 98% and the free school meals figure of some 95% of those in grammar schools achieving those good GCSE grades, which is about three percentage points, is absolutely critical. That contrasts sharply with the national figure.

In 2009, 55% overall achieved five or more GCSEs at grades A* to C, including English and maths, but for pupils who were eligible for free school meals the overall figure was just 31%. That gap of 24 percentage points has stubbornly remained over recent years. That is a disparity in outcome that we want to close or, at the very least, bring closer to the narrower gap that grammar schools have achieved for the simple reason that reducing the attainment gap between pupils from rich and poor backgrounds is one of the key objectives of the coalition Government. The question is how we can achieve that objective. How do we spread to the whole state school sector the grammar school ethos of high standards and ambition and of placing no limit on achievement?

No limit on achievement certainly seems to be the approach taken by Dartford grammar school. It is one of three such schools where, in 2010, more than 95% of pupils achieved the English baccalaureate’s combination of GCSEs. A further nine grammar schools scored above 90%, and 67.9% of grammar pupils achieved the E-bac nationally, compared with the overall national figure of 15.2%.

My hon. Friend the Member for Reading East (Mr Wilson) was right to pay tribute to Reading school, where 78% of the pupils achieved the E-bac, and to Kendrick school, where 72.8% achieved the E-bac.

[Kevin Brennan]

At Chislehurst and Sidcup grammar school, only 15% of pupils achieved the E-bac. Does the Minister regard that as a failure?

[Mr Gibb]

The hon. Gentleman makes a good point. There are a variety of standards in the list of grammar schools, and I believe that we will see a rise in that figure that he just quoted in the years ahead, just as we will see a rise in the proportion of pupils taking the E-bac right across the state sector, as schools focus on achieving results in the E-bac.

My hon. Friend the Member for Reading East raised the issue of the grammar school ballot provisions, both in statute and in annex E to the funding agreement. We have discussed these issues on a number of occasions and the head teachers of the two schools that he mentioned—Reading school and Kendrick school—have made very clear representations. Throughout the country, there have been just 10 petitions since 1998 and only one went to a ballot. That proposal to abolish a grammar school, in Ripon, was defeated by a margin of two to one, but we are looking very seriously at the technical issues that my hon. Friend raised both today and in recent weeks.

My hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw) paid tribute to Lancaster girls’ grammar school, where 87.3% of the pupils achieved the E-bac combination of GCSEs, and to Lancaster royal grammar school, where 81.9% of pupils achieved the E-bac combination of GCSEs. Those are excellent schools, and my hon. Friend is right that we should not be engaged in wars about such excellence.

My hon. Friend the Member for Wirral West (Esther McVey) was right to extol the virtues of Calday Grange grammar school, where 87.3% of pupils achieved the E-bac, and the two Wirral grammar schools, where 77.3% of pupils achieved the E-bac combination of GCSEs.

My hon. Friend the Member for Rugby (Mark Pawsey) was right to pay tribute to Lawrence Sheriff school and Rugby high school. I listened very carefully to the important points that he made about the selection process, and local authorities should be advising parents about the options that are available to their children, particularly those who are from more disadvantaged backgrounds. I have also taken on board my hon. Friend’s important point about the environment in which the tests are taken.

My hon. Friend the Member for South Thanet (Laura Sandys) raised the issue of the ethos and popularity of grammar schools. It is that formula that the Government are now seeking to replicate in every school in the country and for every pupil, irrespective of family background. In this country, we have many exceptional schools and teachers who work extremely hard towards achieving those goals—in fact, we have some of the very best schools and teachers in the world—but we also know that many state schools are struggling to work in what is at times an almost unworkable system of bureaucracy and central control. As a result, we have fallen back in the programme for international student assessment rankings, from fourth to 16th in science, from seventh to 25th in literacy and from eighth to 28th in maths. Our 15-year-olds are two years behind their peers in Shanghai in maths and a full year behind teenagers in Korea and Finland in reading.

[Kevin Brennan]

When the Minister cites those figures, will he cite the change in the number of countries participating in the PISA survey, will he say over what period he is quoting and will he also give the Trends in International Mathematics and Science Study statistics for the same period?

[Mr Gibb]

Even if we take into account the increasing number of countries taking part in the PISA surveys, which took place in periodic years from 2000 onwards, the surveys still show this country declining. Also, the TIMSS survey is different, because it examines the curriculum of the countries in which children are tested, whereas the PISA survey looks at a common set of questions right across the different countries. The PISA survey is the one that we should be concerned about.

[Kevin Brennan]

It is only fair to put on record that, as the Minister knows, Andreas Schleicher, who compiles the PISA statistics, does not agree that there has been any absolute decline in performance in this country.

[Mr Gibb]

However, Andreas Schleicher also says that there has been no increase in performance in this country, whereas other countries around the world are increasing performance. That is the problem facing our young people if we do not improve standards in our state schools, because those young people are now competing for jobs in a global market. It is no longer good enough just to look at the past, because we now have to compare our system with the best systems in the world.

Our education system has become one of the most stratified and unfair in the developed world. Since coming into office, we have been setting out our vision for reform on four broad themes: improving the quality of teaching and the respect for our work force in schools; greater autonomy for schools to plan and decide how and when improvements should take place; more intelligent and localised accountability; and reducing and simplifying the bureaucracy that frustrates and demoralises teachers. Those themes formed the basis of the White Paper that we published a year ago this month, “The Importance of Teaching”, and I believe that grammar schools can actively support improvement in each of those four areas.

First, we want to get the best graduates into teaching by funding the doubling of the Teach First programme during the course of this Parliament, and by expanding the Future Leaders and Teaching Leaders programmes, which provide superb professional development for the future leaders of some of our toughest and most challenging schools. We want grammar schools actively to share their experience of staff development with other schools, in both the initial training of staff and the provision of professional development. We have had more than 1,000 expressions of interest in establishing teaching schools and 300 applications have already been received, with grammar schools among the keenest to sponsor or support local schools to improve standards in their communities.

Secondly, our drive for greater autonomy has seen 111 of the 164 grammar schools that made those applications become academies, and many of them support other local schools. The vast majority of grammar schools participate in some form of partnership with other maintained schools or academies, be that an exchange of staff, working with students or supporting school leadership. Between them, the newly converted academies have agreed to support more than 700 other schools and to support fellow head teachers through the doubling of the national and local leaders of education programmes.

Thirdly, it is vital to ensure that improvement is driven not by the Government but by schools themselves, through effective accountability that focuses on raising standards. We are overhauling the inspections framework to focus on schools’ “core four” responsibilities—teaching, leadership, pupil attainment and pupil behaviour. The E-bac sets a high benchmark against which parents can hold schools to account, and it helps to narrow the gap between those from the poorest backgrounds and those from the wealthiest backgrounds.

The Russell group of universities has been unequivocal about the core GCSEs and A-levels that best equip students for the most competitive courses and the most competitive universities—English, maths, sciences, geography, history and modern or traditional languages. However, nine out of 10 pupils in state schools who are eligible for free school meals are not even entered for those E-bac subjects, and just 4% of those pupils achieve the E-bac. In 719 mainstream state schools, no pupils who are eligible for free school meals were entered for any single-award science GCSE; in 169 mainstream state schools, none of them were entered for French; in 137 mainstream state schools, none of them were entered for geography; and in 70 mainstream state schools, none of them were entered for history. Academic subjects should not be the preserve of the few, but we need to free schools to achieve that aim.

Fourthly, therefore, we are dramatically reducing the bureaucracy that constricts achievement. In opposition, we counted the number of pages of guidance sent to schools in one 12-month period. They came to an incredible 6,000 pages—or six volumes of “War and Peace”, if people are inclined to consider it that way— yet they contained little of substance that schools do not already know or share.

The most recent example of our efforts is the recently completed consultation on the school admissions and appeal codes. There were some 130 pages of densely worded text, with more than 650 mandatory requirements that were often repeated. The revised versions, which we published last Wednesday, total just over 60 pages and are minimal in their requirements, while preserving the important safeguards as well as introducing new requirements, such as priority in admissions for children adopted from care. As my hon. Friend the Member for Poole (Mr Syms) said in his contribution, it is one of the most far-reaching changes that we can make if we give all schools, including grammar schools, a greater say over their own published admission number.

Currently, that intake number is tightly managed by the local authority to ensure that any increases do not affect the school down the road. That kind of rationing of places only limits choice for parents and pushes cohort after cohort of children to less accomplished schools, rather than giving good schools the freedom to expand and share their excellence.

Our approach is simply to let schools decide how many students they can offer a high quality of education within their own capital budget, while ensuring that they maintain standards or improve any underperformance. Why is that important? Quite simply, it is important because we want the number of places in all good schools to increase, to increase genuine choice for parents. Even marginal increases in some areas will lead to a positive cycle of increased standards. Critics who argue that that will create sink schools overlook the current admissions codes—

Oral Answers to Questions

Debate between Kevin Brennan and Nick Gibb

Monday 23rd May 2011 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

I am sure the Minister has read the bishops’ e-alert which arrived from the Catholic Bishops’ Conference of England and Wales at 2.18 pm this afternoon, in which the bishops say that they

“have serious reservations over the omission of Religious Education from the English Baccalaureate”

and

“urge the government to reconsider its decision”.

Given the state of rebellion on the Government Benches about this and the uncertainty across the country, will the Minister take this opportunity to confirm that he is not planning another U-turn, this time about RE and the E-bac?

[Mr Gibb]

Unlike the Pope, the bishops are not infallible. We believe that there is plenty of room in the English baccalaureate curriculum to continue to study subjects such as RE, economics, music, art and vocational subjects, and we have deliberately kept the English baccalaureate small to enable that to happen. In addition, RE is a compulsory subject, and we have seen a very large rise in the proportion of the cohort taking religious studies to GCSE, whereas we have seen a fall in the numbers and the proportion taking geography and history to GCSE.

Education Performance

Debate between Kevin Brennan and Nick Gibb

Thursday 12th May 2011 Westminster Hall

[Kevin Brennan (Cardiff West) (Lab)]

I, too, congratulate the hon. Member for South West Norfolk (Elizabeth Truss) on securing this important debate. We have heard contributions from 11 Back-Bench Members, and it has been a useful opportunity for an extended discussion. The hon. Lady commenced the debate with a thoughtful and serious speech, and as the parent of a 17-year-old girl who is currently studying for AS-levels, I have a lot of sympathy with some of her comments about examinations. When I return home tonight, hopefully I will help my daughter to prepare for her English AS-level next Tuesday.

We also heard from the hon. Member for Suffolk Coastal (Dr Coffey), who is no longer in her place as I think she is contributing in the main Chamber. She took us on a fascinating personal journey around her education, although I felt slightly upset when she did not mention economics as one of the core subjects that should be studied by everyone. We also heard a thoughtful and interesting speech by the hon. Member for South Basildon and East Thurrock (Stephen Metcalfe). Later I shall study it again as it will be worth reading on the page.

My hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) pointed out—quite rightly as a former Schools Minister—the consequences of some of the policies that he set in train nearly 10 years ago, including the improvement in the numbers of those achieving five GCSEs, including English and maths, at grades A to C. He reminded us that that number rose from 32% in 1997 to 55% by 2010, and was even higher in his area of Liverpool. Despite the carping about that achievement, there is no evidence to suggest that a significant dumbing down of GCSEs took place during that period. Instead, it is evidence of real improvement in schools and of attainment by our young people.

The hon. Member for Cities of London and Westminster (Mr Field) made a thoughtful contribution, and the hon. Member for Stourbridge (Margot James), who to the relief of us all pointed out that she is not an Oxford graduate, went on to make important points about looked-after children and children who are referred to pupil referral units. I am sure that the House can work together on such issues. I did not agree with her remark about competitive school sport and perhaps she might like to walk to another place at the other end of the building and talk to Baroness Sue Campbell about the improvements that have been made in competitive sport over the past 10 years. As a former Minister responsible for school sport, I recommend that conversation. The Baroness is a Cross Bencher and will not be parti pris.

The hon. Member for Portsmouth North (Penny Mordaunt) made an important contribution and provided the best pun of the debate when she told us that GCSE boxing was a great hook to get people on to studying other things. We heard contributions from the hon. Members for Central Devon (Mel Stride), for Esher and Walton (Mr Raab) and for Wells (Tessa Munt). The hon. Member for East Hampshire (Damian Hinds) sounded as if he were supporting something akin to the report card proposed by the previous Government. Perhaps he should discuss his ideas with the Minister; I thought they were interesting and had some promise as a way of finding a more valid way to measure progress. He spoke a lot about the E-bac, which slightly contradicted what he said at the end of his speech. Perhaps I can ask all Government Members to raise their hands if they passed the E-bac.

[Mr Gibb]

indicated assent.

[Damian Hinds]

indicated assent.

Education Bill

Debate between Kevin Brennan and Nick Gibb

Wednesday 11th May 2011 Commons Chamber

[Mr Gibb]

Yes, and innovative sittings.

New clause 20 seeks to give pupil referral units in England greater autonomy, to enable them to provide vulnerable children with high-quality education and support. In the schools White Paper, “The Importance of Teaching”, we announced that we would give PRUs control over their budgets and staffing. We had intended to use PRU regulations to achieve the financial control aspect of that objective, but although we could do that, the regulations would become very complex and difficult to understand and use. The easiest and clearest way to achieve the objective is to amend section 45 of the School Standards and Framework Act 1998, so that the provisions on school finances apply to PRU management committees. That is what new clause 20 does.

This is a small change, but its effect will be significant, and we believe that it will be an important driver for further improvement in the PRU sector. In common with our other education reforms, it is based on the trust that we place in the teaching profession and our desire to give schools of all kinds the freedom and autonomy to run their own affairs.

[Kevin Brennan (Cardiff West) (Lab)]

Will the Minister explain how each PRU’s budget share will be calculated?

[Mr Gibb]

The finance regulations will apply to PRUs in the same way that they apply to maintained schools, and, of course, we are currently consulting on the entire school funding arrangements.

The purpose of new clause 21 is to ensure that rights enjoyed by pupils in boarding academies are the same as those in maintained state boarding schools. Under section 458 of the Education Act 1996, local authorities are required to remit boarding fees for pupils from their area who are attending state boarding schools in certain circumstances. Those provisions apply solely to maintained schools. When section 458 was enacted, there were no academies, and as a number of boarding schools are taking the opportunity to convert to become academies, we want to ensure that the pupils at those boarding academies continue to have their right to be considered for a remission of boarding fees safeguarded. So the new clause mirrors the provisions in section 458, with the exception that we are not mirroring subsection (1), which enables local authorities to charge fees for boarding. That provision is unnecessary in the case of academies, because the funding agreement allows academies to charge boarding fees. It must be right that on the remission of boarding fees we have a level playing field in our treatment of pupils at maintained and academy boarding schools.

Government amendments 34 and 35 are being introduced so that some of the pupils who would most benefit from good alternative provision—AP—can be referred to AP academies.

[Kevin Brennan]

Will the Minister give way?

[Mr Gibb]

I am happy to give way to the hon. Gentleman.

[Kevin Brennan]

I am grateful, again, to the Minister, and I think that it sometimes saves us time if we do things in this way.

On new clause 21 and amendment 38, what safeguards are in place to ensure that excessive fees cannot be charged to the state in relation to independent boarding schools that become academies?

[Mr Gibb]

Ultimately, it is up to the local authority as to whether it remits boarding fees. These powers are rarely used and apply only in two very limited circumstances. The first is where no other educational provision that is needed for the particular pupil is available in the area. The second, as an alternative, is where the parent is suffering financial hardship, and in those circumstances the local authority can take into account how much it remits. So it is very much up to the local authority to make the decision, and of course it would not be persuaded to pay unreasonable figures in those circumstances.

On Government amendments 34 and 35, the current wording of clause 51 means that an AP academy would be restricted to taking a majority of its pupils as referrals by local authorities under section 19 of the Education Act 1996, which places a duty on local authorities to make arrangements to provide education for children who, because of illness, exclusion or otherwise, would not receive suitable education unless those arrangements were made. That restriction arises because of the definition of “alternative provision”, which is why there is a restriction on the amount of children that can be taken as a result of other referrals.

We know that, in addition to those children, the AP sector also provides education and support for pupils referred to it by schools for early intervention to tackle behavioural problems. We want to encourage greater use of early intervention, which can re-engage a child and address behavioural problems at an early stage and, thus, reduce the risk of permanent exclusion. That type of intervention benefits both the child, whose education is less disrupted, and the school, which can ensure that other pupils’ education is not disrupted by poor classroom behaviour. The trial that we will run of a new approach to exclusions will help us to understand how schools can most effectively use early intervention in this way.

We want AP academies to be responsive, and it makes no sense to restrict the proportion of children that they can take from school referrals. Alternative provision academies will be assessed against rigorous criteria in order to obtain academy status, and they will be accountable through their funding agreements or grant arrangements, and through Ofsted inspections. The high level of accountability should mean that they are among the best providers, and we want them to be able to accept the children who most need their provision, regardless of whether they are referred by schools or by local authorities.

--- Later in debate ---

[Kevin Brennan]

Will the Minister confirm that full data and statistics will be kept on the number of pupils being referred in this way, just as they are for exclusions?

[Mr Gibb]

Local authorities will, of course, keep records. Our trial is being run precisely to tackle the problem that the hon. Gentleman is hinting at. We want to make sure that the responsibility for what happens to pupils once they are excluded is retained in the system, which is why we are running the trial from this year to see whether we can move that responsibility to the schools where the pupils are originally registered.

[Kevin Brennan]

Clearly, if pupils are no longer being excluded as an alternative provision referral is being made, it is important that that is properly monitored and followed. Will the Minister confirm that we will have a clear picture, across the board, of what is happening on referrals to alternative provision, just as we do on exclusions?

[Mr Gibb]

I will write to the hon. Gentleman to make sure that I am giving him an accurate response on the data collection issues to which he is referring. Of course the funding for places at an AP academy will come through the system, where a record will be kept to make sure that that funding is properly allocated. He is referring to the national collection of data, and I will write to him about that to make sure that we have the case precisely summarised.

--- Later in debate ---

[Mr Gibb]

Of course, boarding academies will not be permitted to make a profit on the boarding elements of their provision, so there are double safeguards in place.

[Kevin Brennan]

I am grateful to the Schools Minister for that answer, which is very helpful.

On amendments 34 and 35, I would be grateful if we could have an assurance that there is no risk that pupils will be referred unnecessarily under these provisions or that there will be a huge increase in the volume and therefore the cost of alternative provision. What safeguards are in place to ensure that pupils are not simply referred out of mainstream schools and into alternative provision because, for example, their academic performance is not up to scratch as regards hitting their English baccalaureate targets or because schools want a way of dealing with pupils with special educational needs? I would be grateful if the Minister could assure us that strict safeguards will be in place to ensure that the new alternative provision approach cannot be abused in such a way by any schools that are seeking to hit any particular targets on special educational needs and academic achievement. Who will pick up the bill in such cases? Will it be the referring school or the local authority?

Finally, the Minister mentioned the technical Government amendments, and I am grateful for his explanation of them.

--- Later in debate ---

[Mr Gibb]

I cannot say more than I have said. We gave a commitment that we would not increase the number of selective schools in the state sector. If we were to do as my hon. Friend the Member for Altrincham and Sale West and my right hon. Friend the Member for Wokingham (Mr Redwood) wished, it would contravene that commitment, which we gave before the election.

[Kevin Brennan]

In answer to the question from the hon. Member for Altrincham and Sale West (Mr Brady), surely such schools would be wasting their time, given that the coalition agreement says that all new academies will have “an inclusive admissions policy”.

[Mr Gibb]

No, they would not be wasting their time, because I am not convinced that these issues are deterring good independent selective schools from coming into the state sector. That is certainly not the case with Batley grammar school, and I am sure that it is not the case for other good independent schools, selective or otherwise, that wish to come into the state sector.

New clause 10 would amend the general duty on the Secretary of State to promote the education of the people of England and Wales to include a duty to

“ensure fair access to opportunity for education and training.”

Equity coupled with excellence is at the heart of the schools White Paper, the Green Paper on special educational needs and this Bill. Fair access is about more than admissions; it is about ensuring that every school is worthy of parents’ consideration, that every school is able to raise standards free from red tape, and that every school supports the most vulnerable children. Everything we are doing in the Department is geared to support that aim: the pupil premium allows funding to follow disadvantaged pupils, we are spending £800 million in 2011-12 to meet the pressure for places at good schools, and our behaviour reforms are intended to make every classroom a safe place to learn.

It should be absolutely clear that we do not disagree with the thrust of new clause 10. Of course it is the job of all those involved in education to ensure that all children have the opportunities they need to succeed, but local authorities already have that duty, and that is where the duty is most appropriate. Local authorities have the duty to secure the provision of education for people in their area, and they have the levers to achieve that. Localism is about ensuring that powers are given at the right level, and it is right that duties go alongside that. Fair access is and should be driven locally, not by a Whitehall-focused duty. I therefore urge hon. Members not to press new clause 10.

--- Later in debate ---

[Mr Gibb]

I beg to move, That the Bill be now read the Third time.

Let me begin by thanking all Members on both sides of the House who served on the Bill Committee. As with all the best Bill Committees, it was always good-humoured and good-natured, and it included thorough scrutiny of each of the Bill’s 79 clauses and 17 or 18 schedules. In barely a month we had 22 sittings, even more than the Committee considering the mammoth Bill that became the last Government’s Apprenticeships, Skills, Children and Learning Act 2009, which, with 270 clauses, was well over three times the size. We also reached the final clause with time left over to debate new clauses as well, which is rare for any Bill Committee. It is therefore only right and proper for me to pay tribute to the Minister for Further Education, Skills and Lifelong Learning, as well to officials in the two Departments and officials of the House.

Having spent 13 years in opposition, I know from first-hand experience how demanding a Committee stage can be for Opposition spokesmen, so let me also thank the hon. Members for Hartlepool (Mr Wright) and for Cardiff West (Kevin Brennan) for the professional way in which they fulfilled their responsibilities.

The Education Bill has four principal aims: to help schools improve behaviour in the classroom, to remove bureaucratic burdens from schools and, in particular, from teachers by restoring trust in professionals, to ensure that schools are properly accountable to parents and local communities for what they do, and to ensure that the resources that we have are distributed fairly and targeted towards those pupils that need them the most.

[Kevin Brennan]

May I ask whether the Secretary of State’s absence is authorised or unauthorised?

[Mr Gibb]

I find it upsetting when people complain about my presence in debates. Frankly, I think that the hon. Gentleman has secured a very good deal.

There is no bigger barrier to the recruitment and retention of good teachers than poor pupil behaviour. Figures published last month showed that in nearly one in five secondary schools, behaviour is judged as being no better than satisfactory. In the latest year for which we have figures there were over 363,000 fixed-period exclusions, of which 80,000 were issued for threatening behaviour or verbal abuse against an adult. Recent polls by the Association of Teachers and Lecturers found that two in five teachers had dealt with physical aggression during that year, and that a quarter had been subjected to a false allegation by a pupil. That underlines the fact that too many teachers have been hindered in doing their jobs because of poor behaviour. I fully understand why teachers have felt that the system, and the Government, have not always been on their side. The Education Bill will ensure that the pendulum swings back in their favour by strengthening teachers’ powers. They will be able to issue same-day detentions, and to search for, and confiscate, items such as mobile phones and video cameras. We considered these measures in detail in Committee. I hope they are used only very rarely, but I would rather teachers were able to decide for themselves whether to use them and I am confident that they will help protect the rights of all children to learn in an environment free from disruption and bullying.

Just as importantly, the Bill will also extend better protection to teachers from false and malicious allegations. Teachers will now have pre-charge anonymity when faced with an allegation of an offence by a pupil, to prevent false accusations being used to undermine teachers’ authority. Teachers have campaigned for that for years, and it has been delivered by this Government in our first year. Of course, we will continue to listen to those who seek to extend these provisions to other staff in schools and colleges, but we also need to tread carefully in relation to cherished rights of free speech in a free society.

Discipline is just one area in which teachers have not been afforded the trust and respect they deserve. Over the past decade, for every step forward, there have been three steps backwards as yet more targets and diktats were issued to schools from the centre. Understandably, much of the debate in Committee was about whether to retain the legislation that piled up under the previous Government. I do not doubt that much of that was well-intentioned, but it has clearly failed to address the performance gap this country faces, especially for those from disadvantaged backgrounds.

We are determined to raise the professional status of teachers by giving them the space and flexibility they need. Since the Academies Act 2010 the number of academies has more than trebled, from 203 to 658. All those schools are able to decide what is best to raise standards for their pupils, free from red tape and political interference. That is why it has attracted not only Toby Young, but Peter Hyman, Tony Blair’s former director of strategy and author of the autobiographical book, “1 out of 10: from Downing street vision to classroom reality”. Peter Hyman is setting up a free school in Newham. Newham School 21 will teach children between the ages of four and 18 and aims to be open in September 2012. The Bill provides for two new types of academies: alternative provision academies, and 16-to-19 academies, which will extend the benefits of the programme even further.

The Opposition have complained that the Bill centralises power, yet at the same time they complain when we strip back the layers of instruction and guidance telling schools and colleges how to co-operate, which they put in place. Similarly, they protest when we end the requirement on every local authority to set up forums, irrespective of their actual needs or unique circumstances. The Bill will help us bring an end to the perpetual revolution that has been inflicted upon schools, by allowing professionals—not the Qualifications and Curriculum Development Agency or the General Teaching Council—to do what is best for them.

Just as we are liberating professionals from bureaucracy, so we are ensuring that there is stronger accountability to parents. The Bill will sharpen school accountability by reducing the number of areas in which Ofsted inspects to just four—pupil achievement, quality of teaching, leadership and management, and behaviour and safety—with outstanding schools and colleges also being freed from routine inspection, so that more focus can be diverted towards those that need it most.

The independent regulator, Ofqual, will ensure that our qualifications stand comparison with the best in the world by measuring our relative performance. Because we are prepared to take action where schools and local authorities fail to give children their one chance of a good education, the Bill strengthens the Government’s power to intervene in poorly performing schools, which often have higher proportions of disadvantaged pupils. The Minister for children, my hon. Friend the Member for Brent Central (Sarah Teather), is introducing an entitlement to free early-years provision for 130,000 disadvantaged two-year-olds across the country. The scrutiny in Committee has allowed us to set out clearly that we will maintain the free entitlement for all three and four-year-olds at 15 hours, and that we will ask Ofsted to review the impact of the two-year entitlement.

We are also ensuring that more resources are targeted at the education of the poorest through the pupil premium, which will be worth £2.5 billion every year by 2014-15, and the Bill will ensure that funding for apprenticeship training takes priority when young people have a place, so that we deliver on our ambitions to expand the programme and make it the primary work-based learning route for raising the participation age. Thanks to the vigilance and scrutiny of the Chairman of the Education Committee, we have now removed a reserve power to suspend this offer, which underlines our commitment further. In addition, the scrutiny provided and arguments put forward by my hon. Friends the Members for North Cornwall (Dan Rogerson) and for Wells (Tessa Munt) on the issue of school governors and the proposals in clause 37 have allowed us to improve our policy in this area. We have retained the principle of governor appointments based primarily on skills, while also meeting their desire to reflect stakeholder groups with an interest in schools, in particular staff and local authorities.

The schools White Paper, “The Importance of Teaching”, set out a pathway to close the attainment gap between those from the poorest and wealthiest backgrounds, and to reverse this country’s decline in international performance tables, so that all who are educated in our state schools have the opportunity to compete with the school leavers and graduates of countries with the best-performing education systems. This Education Bill will allow us to take important steps on that journey, and I commend it to the House.