Academies Bill [HL]

Debate between Lord Adonis and Baroness Morgan of Drefelin

Tuesday 13th July 2010 Lords Chamber

[Lord Adonis]

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

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

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

[Baroness Morgan of Drefelin]

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

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

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