Academies Bill [HL]

Lord Baker of Dorking Excerpts

Wednesday 23rd June 2010 Lords Chamber

[Baroness Thornton]

My Lords, I declare that I share the same belief as my noble friend Lady Massey.

I wish to ask some technical questions about employment and equalities law. The right reverend Prelate’s amendments are not innocent and possibly not sympathetic. I was the Minister who helped to take the Equality Bill through your Lordships’ House earlier this year, and I took part in many of the discussions on issues to do with the application of equalities legislation and employment law to religious schools and other establishments. I would like reassurance that the right reverend Prelate’s amendment does not seek to undermine or change what I thought was the agreement about the application of employment and equal opportunities legislation to all establishments and their employment practices. I am not completely happy with the agreement but it is the one that we came to in the course of that legislation,

I also seek reassurance from the Minister and the Government that they do not intend to accept the amendment and change the existing policy and practice, and that these schools—free schools, academies or whatever the Government decide to call them—will be expected to abide by the existing legislation in their employment practices.

This House has sometimes waxed lyrical about the number of guidance missives from what is now the Department for Education to schools on how they should undertake their employment practices. There is no question but that all maintained schools in this country have a clear idea about what their duties are as employers and how they should comply with them. Will the new schools be expected to find out for themselves what they should do? How will we ensure that they also abide by the law on employment practices and equal opportunities?

[Lord Baker of Dorking]

The noble Baroness, Lady Massey, referred to a debate that took place in this House some three years ago. At that time, some of us sought to move amendments to ensure that if new faith schools—not existing ones—were established, 25 per cent of the pupil roll should come from outside the faith or from no faith. For a fleeting moment the Labour Government supported us, as those who took an interest in these matters will remember; but as a result of a campaign by the Catholic Church which was—I cannot use the word “deceitful”—imaginative, shall we say, the Government ran away from that commitment. They sought to extend the threat to all existing Catholic schools and not only to new ones—the Catholic Church had established only two small new primary schools in 30 years—but the debate was about new Catholic schools. Anyway, as a result of that campaign, the Government ran away from that commitment.

However, the Anglican Church made a statement in the House—I see the right reverend Prelate nodding—which I completely support. I went to a Church of England primary school and I am not against church schools as such. There was nothing too emphatic about going to an Anglican primary school; it was not too passionate. It had all the attractive characteristics of the Anglican faith; it did not ask too much but it gave reassurance. The right reverend Prelate who spoke for the Church of England at that time said that, irrespective of the fact that the amendment had not been passed, when the Anglican Church established new faith schools it would ensure that 25 per cent of the intake would come either from outside the faith or from no faith. I would like some assurance that that undertaking is still in place. I do not expect the Minister to reply, because nothing is on the statute book, but reassurance from the right reverend Prelate would be most welcome. I maintain that it is sensible for children of different faiths to sit, play and eat alongside each other in school and to go home on the bus together, but I appreciate that sensitivities still exist. However, I still hope that that undertaking of the Anglican faith survives.