Education Bill

Debate between Lord Bishop of Hereford and Lord Elton

Wednesday 14th September 2011 Grand Committee

[The Lord Bishop of Hereford]

I wanted to stress the point about the trusts because it seems to underline all 12 of these amendments, in terms of how they seek to unpick the dual system that we have and challenge so much of what is there about voluntary controlled or voluntary aided schools. I was grateful for the earlier points from the noble Baroness about Amendment 129. I think we have come to a similar point about that, in that quite clearly we would not want it to be impossible for head teachers to be reserved teachers. The Minister has kindly clarified that the current situation is that they may be, not that they are required to be. We certainly would not want any change in the legislation that made that impossible.

On Amendment 128, the voluntary aided power to use religious criteria for staff appointments is quite clearly a strong power. We readily acknowledge that, as would others here. It is bound to be regarded with concern by some—I appreciate that. However, the key for us is that trustees need to be able to ensure that the purposes of their trusts are being fulfilled. That is why the powers are given in quite the way that they are. Hence, an ability to appoint staff with a proven commitment to the religious character of the school is essential in order that the purposes of donors and the duties of trustees are not frustrated. That also seems fundamental within big society issues.

I jump forward to Amendment 136, which seems to be asking to allow reserved teachers to be appointed but not to allow them to be selected using any religious criteria. If that were included, I would find that a strange consequence. Would it not perhaps be a little like selecting a Labour candidate who may turn out to be a Conservative supporter? That may happen, but I would prefer not to see that in our church schools.

There are too many issues to want to dismantle the dual system. I do not want to go back over the more general points and debates that noble Lords have had about that previously. I also pick up the point made by the Minister on the “as is” issue. There are voluntary controlled schools that want to be able to change and become voluntary aided. That is currently the case. If they were to become academies, it seems to be important that what is available to them under the present situation should continue to be available under the new legislation. Similar points apply to independent schools which, in some cases, have similar trusts to those voluntary aided and voluntary controlled schools.

I believe that I have said enough to make the point about some of the concerns, in particular, but also about the more fundamental issues that underline them to make it clear why I have deep concerns about all 12 of these amendments. Rather than go through others in similar detail, I hope that what I have said will be understood and applied as they affect the rest of the amendments.

[Lord Elton]

The right reverend Prelate has not made the request but I make the suggestion that it might expedite things were he to be engaged in conversations between the Minister and the noble Lord, Lord Avebury, with suitable support.

[Lord Avebury]

Perhaps I should answer the criticisms which have been made about my contribution to this debate by the right reverend Prelate. He seemed to be suggesting that there was something improper in my raising these amendments and talking to them this afternoon or in the manner in which I raised them, which he contrasted with the proceedings that we enjoyed on Monday. He was suggesting that because I was an honorary associate of the National Secular Society, I was in some way trying to undermine the dual system, when all I am trying to do is to ensure that the trusts which administer faith schools do so in conformity with both European directives and with the European Human Rights Act. I think that the Minister's proposal is an excellent one, but as there is a fundamental dispute between us on whether these provisions are compatible with European law and with the Human Rights Act, we should sit down with our legal advisers and the Bill team to try to resolve them as best we can. I suggest that that is the best way in which we can move forward, if my noble friend Lady Turner agrees.