Academies Bill [Lords]

Debate between Lord Coaker and Sammy Wilson

Monday 26th July 2010 Commons Chamber

[Vernon Coaker]

The hon. Gentleman is absolutely right about that. Of course what Lord Hill said in another place was that if we were to consider the grammar schools that become academies, we might find that that area is significantly broader. What that “area” meant was very difficult to define.

My hon. Friend the Member for Huddersfield (Mr Sheerman), the former Chair of the Select Committee, drew attention to the fact that the Government are not averse to ballots because they have introduced them for local planning decisions. Of course, the Minister will know, as we heard in the statement that took place before our discussions in Committee started today, the Government are introducing ballots for locally elected police commissioners. The principle of ballots, such as that proposed by the hon. Member for Southport (Dr Pugh), is something to which the Government are not opposed.

We think that we should lay out the details that are set out in amendment 78 rather simply leaving it to people to do what is appropriate. Parents should be consulted and, as many people have said, it is essential that the pupil voice should be heard. In answer to an earlier question from a Member on the Government Benches, of course that would be done in a way that is appropriate. The amendment refers to guidance that should be given to schools on how they should consult pupils.

What are the teachers and non-teaching staff going to come back to in September? The Minister needs to answer the question about what is happening with the TUPE negotiations about the transfer of teaching and non-teaching staff for those schools that want to become academies.

[Sammy Wilson]

The shadow Minister is making a point about the form of the consultation. In fact, if he examines the remarks he is making now he will see just how difficult it will be to be prescriptive about the form of consultation, even though that is what he seems to be seeking. One would consult pupils in a different way to teachers, and parents in a different way to teachers, too. It might not be possible to get them all under one roof. Is he seeking a prescriptive method of consultation or is the fact that the Bill makes it clear there should be consultation on a question mentioned in the Bill and that it must take place with the appropriate people not sufficient detail for him?

[Vernon Coaker]

I do not think that it is sufficient. The hon. Gentleman is right: of course one would consult teachers, non-teaching staff and pupils differently. That is why our amendment states:

“The Secretary of State shall issue guidance as to how”

that is done. Of course the consultation will be carried out in different ways, and that is why we have included the word “guidance”.

On the need for consultation with neighbouring schools, the Bill does not require good and outstanding schools that become academies to partner schools that are in difficulty or need support. I know that in the other place it was believed—many of my hon. Friends believe it too—that such a provision should be on the face of the Bill. Merely stating that they should engage in such consultation is not sufficient. Many of us have made the point time and again that the complete elimination of local authorities from this situation is not acceptable at all.

Let me talk about amendment 77. The Chair of the Select Committee, the hon. Member for Beverley and Holderness (Mr Stuart), was quoted by the hon. Member for Southport. If hon. Members think that I am making too much of the idea that a consultation should take place before, not after, the giving of an academy order, they should listen to what the Chair of the Select Committee said during one of the debates last week—it bears repeating. On the subject of consultations that took place after an academy order was made, and not before, he said:

“Those consulted in such circumstances would have good grounds for feeling that they were participating in a charade. I ask those on the Government Front Bench to consider that.”—[Official Report, 19 July 2010; Vol. 514, c. 49.]

In his reply, the Minister needs to explain why it is not a charade and why the Chair of the Select Committee is wrong or misguided in making that comment. Is he wrong? Has he got it wrong? Does he not understand the process? Of course he understands that the making of an academy order comes before an academy agreement is signed—everybody understands that, and we have all read the Bill. We are saying that the discussion of, and consultation on, an academy order—by the way, I can find no example of what an academy order would actually be—should take place before it is made and not afterwards. Perhaps the Minister—in answer to the Chair of the Select Committee, if not to me—can tell us what an academy order will contain. What will it look like? What will be in it? Will we have the opportunity for some sort of consultation on what an academy order should be?

Academies Bill [Lords]

Debate between Lord Coaker and Sammy Wilson

Wednesday 21st July 2010 Commons Chamber

[Vernon Coaker]

In the spirit in which debate has been conducted in Committee today, I thank the hon. Gentleman for recognising that I was trying to be constructive in my response. He will have read the Bill and he will know that clause 5(1) does not specify who should be consulted by a school wishing to convert. It just says that it

“must consult such persons as they think appropriate.”

Similarly, clause 5(3) states:

“The consultation may take place before or after an Academy order, or an application for an Academy order”.

If the hon. Gentleman follows his point through to a logical conclusion, one might expect the Bill to list the parents, the local community and so on as parties which should be consulted and shown to be supportive of the academy bid, because that would strengthen the application and increase its potential for success. Similarly, one would have thought the Bill would require consultation to take place before the academy order was applied for. I agree that such consultation is necessary, and the hon. Gentleman’s point was not unimportant, but the Bill does not do what he would wish it to do.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman not accept that, first, the Bill requires that there must be consultation and, secondly, that that consultation must be with “appropriate” people, so it is inconceivable that some of the stakeholders he mentioned—local people and parents and the local community—would not be deemed to be appropriate? Indeed, “appropriate” people, which is a general term, might be a far better description than a specific one which might not cover one particular group.

[Vernon Coaker]

Unusually, I do not agree with the hon. Gentleman, because a much tighter form of words in the Bill would ensure that we deliver exactly what he proposes. I believe that the Bill is so drafted because the Government think that the opposition from local authorities and local groups that always emerges to school reorganisation could hold up the progress of the Bill and the attempt to fast-track some schools to academy status. The lawyers will have said, “Put in ‘they think appropriate’, because if you start listing people and groups such as parents and community organisations, you will open yourself up, when trying to convert, to the possibility of legal challenges from parents and organisations saying they were not consulted when they should have been.” To fast-track academies is a policy objective, and I think that Ministers, their officials and their lawyers will have said, “For goodness’ sake, don’t make a list, because it will be a hostage to fortune.” Furthermore, I cannot understand why clause 5(3) includes the phrase

“or after an Academy order”.

--- Later in debate ---

[Vernon Coaker]

I agree with my hon. Friend’s point about the need for parents to be consulted, which relates to what the hon. Member for Bradford East (Mr Ward) said about the phrase

“persons as they think appropriate”

not being sufficient. Instead, the Bill should list groups such as parents and the local authority. If the Government had done that, it would have strengthened the Bill and meant that many of the difficulties that some of us have with it would have been to some extent ameliorated.

[Sammy Wilson]

I have listened to the hon. Gentleman’s explanation of why he objects to the catch-all phrase “appropriate persons”, but is he really suggesting that if a school moved towards academy status, yet parents or another group of significant stakeholders had not been included in the consultation, which must take place according to the Bill, and people wished to challenge that decision in court, the court would say that the letter of the law had been applied, even though that group had been excluded from the consultation?