Procedure of the House

Debate between Lord Hill of Oareford and Lord Peston

Wednesday 24th April 2013 Lords Chamber

[Lord Hill of Oareford]

The guidance would be available to Members of the House in the same way as our guidance is currently available to Members of the House.

To move on, the issue of principle on which we are being asked to decide today is simple: do we want to stand by our current approach or do we want to introduce a new filtering mechanism for this new package of time, whereby a Back-Bench debates committee makes these decisions and decides what will be debated on behalf of us all? That, in essence, is what we are being asked to decide.

I want to make one final point, and then I know that the House would like to hear from Back-Benchers. Those in favour of a Back-Bench debates committee will obviously want to vote in favour of the Motion for resolution before the House. Those who are not in favour will want to vote against when the Lord Chairman moves it. For those who are not sure once they have heard all the arguments, it would be possible to stick with our current overall approach, perhaps refined in some respects, and see how the proposals for a guaranteed regular slot for a topical debate and more debates in the Moses Room bed down. In the light of that experience, it would of course be open to those who still favour a Back-Bench debates committee to bring forward those proposals again.

I hope that I have set out some of the background, explained the proposals and highlighted the essence of the decision that we are being asked to take. I am sure that we will hear some powerful speeches. I look forward to us reaching a decision on this matter of principle, but most of all to being able to crack on in the new Session with the new opportunities for debate that I have identified.

[Lord Peston]

My Lords, I intervene as one of the more naive Members of your Lordships’ House. When I first heard of the proposal to set up a Back-Bench debates committee, particularly given its provenance, notably with the noble Lord, Lord Goodlad, I assumed that it would go through your Lordships’ House on the nod. I am astonished today to find that the Leader of the House, who, I do not have to remind your Lordships, is the Leader of the House and for these purposes not the leader of the Tory Members of the House, has not taken the lead in pressing for this committee.

[Lord Hill of Oareford]

There is just one thing that I want to make clear. I have been extremely keen to make progress. I think that the noble Lord, Lord Peston, implied that I am seeking to speak on behalf of the views of one party group. I should say to the House, and I should have said it before, that I know that there are a number of people in my party who are in favour of a Back-Bench debates committee. I also know that there are a number of members of his party, on the Cross-Benches and in all groups who have come to me expressing concerns about the idea of a Back-Bench debates committee. All I have sought to do is make sure that they have an opportunity to explore those issues and then the whole House can reach a decision.

[Lord Peston]

It is my dear wish, which I think is that of all noble Lords, that there should not be a party-political element to our debate. That is the point that I was trying to make. What was troubling me is that I did not hear the noble Lord say what he has now said: that that should not be the case. The debate needs to be judged on its merits.

Part of its merits is definitely the provenance of the committee. A committee chaired by the noble Lord, Lord Goodlad, is not some minor committee, not one that would not have deliberated fully, but one that would have come up with the right answer. That is the answer that the noble Lord, Lord Butler, has presented to your Lordships. I know that I do not have to repeat what the noble Lord, Lord Butler, has said. I have no interest in being on this committee. I have better things to do. I have no interest in being chairman of the committee, so I can speak openly.

What matters to me is that your Lordships should be using these slots for important debates. We have been reminded that they are pre-determined; there is no argument about the slots being there. We differ on what we regard as important. I have been waiting for someone to put forward a debate on the present crisis in economics, but my guess is that virtually no one will be interested in debating it. Perhaps that is why it has not come forward. Why do we not trust our own colleagues to be on a committee to which they will be elected by the different groups in the House? Why do we not trust them to come to the right answer in terms of both fundamentals and topicality? I am reminded of that great classic work, Microcosmographica Academica, where it is argued, basically in connection with the universities, that nothing should ever be done for the first time. I heard real echoes of that in the speech of the noble Lord the Leader of the House.

We really ought to make up our minds today, yes or no. We should not do it politically in any way whatever. We certainly should not do it either because we do not want to embarrass the Government, or because, when we are the Government, we do not want to be embarrassed. We want to use this time in a valuable way so that we can make contributions to the subjects and ensure that the subjects are worth making a contribution to.

If we divide, I will vote for setting up the committee. I know that I am an old fogey on this, but I would be much happier if we did not have a vote but just all agreed, as I implied, that we would accept this on the nod, because there are certain things where a vote is not the right thing. This House has a great tradition of sometimes just getting things right. I think that this is the right thing to do, and I very much hope that we do it.

Education Bill

Debate between Lord Hill of Oareford and Lord Peston

Wednesday 14th September 2011 Grand Committee

[Lord Hill of Oareford]

I am sorry not to be able to be more helpful to the noble Baroness because I know that she is also extremely reasonable. She will no doubt keep pressing and we can return to this another time. But the Government’s position is that the legislative requirement on a converting governing body is set out in the Academies Act 2010. The Government take into account whether or not schools have demonstrated that they have complied with those requirements, which are set out clearly and were inserted as a result of debate on this Bill last summer.

[Lord Peston]

My Lords, is the noble Lord going to respond to his noble friend’s devastating intervention on new Clause 5(3)(b) to be inserted in the 2010 Act under Clause 55? Will he explain why she is not right that the one group which should not under any circumstances carry out the consultation is the people mentioned in that new clause?

[Lord Hill of Oareford]

I was coming to that point. I have not got very far with my response. On precisely that point, my noble friend Lady Brinton raised the issue of who should do the consulting when schools are considering converting to academy status. As we have just been discussing, the starting point of the Government is that it should be carried out by the school’s governing body. However, this approach might not always work with underperforming schools that are eligible for intervention. There may be rare occasions when the governing body of the underperforming school seeks to block the development of an academy solution by refusing to consult. Clause 55 resolves this issue, as my noble friend pointed out, by permitting the proposed sponsor to do the consulting.

My noble friend suggests that the local authority would be a better alternative than the proposed sponsor. Clause 55 relates to schools that are failing their pupils and we think need radical improvement. We know that the evidence shows that converting such schools into academies with excellent sponsors can bring about that improvement. Becoming an academy involves, by definition, moving out of local authority control, so it seemed to us it was not right for the local authority to lead the consultation. It is the sponsor who has been identified as able to transform the school, so in our view they are better placed to consult on its future direction. But that consultation has to be carried out in a proper way.

My noble friend also raised important points about the local authority role in decisions about new and additional academies, such as free schools. I hope that I can reassure my noble friend that what her amendment seeks to put into law is already happening in practice. As a result of views expressed during the passage of the Academies Act, the Government introduced a specific requirement on the Secretary of State to take account of the impact of free school proposals on other schools. In meeting this requirement, the department seeks the view of relevant local authorities. In addition, any group wishing to set up a free school has to consult locally on its proposals. The consultation report is an important part of its application to the department. In deciding whether to approve a free school proposal, the Secretary of State therefore takes account of the views of the local authority and other interested parties, including on the issue of the level of need for additional school places.

We know that in practice, many local authorities are already playing a more active role than this. Some are building the free schools programme into their strategic schools planning and have provided proposers with support in areas such as finding sites, getting planning permission and working out levels of demand. It is the case that we do not believe that free schools should be set up only where local authorities identify that they are needed. The key point is to try to make the system more responsive to parental demand by giving parents, teachers or community groups the opportunity to do so.

We accept that consultation is important. It should be conducted in an open way. It should be appropriate to local circumstances. The Academies Act and this Bill provide for such consultation and I would therefore urge the noble Baroness, Lady Hughes of Stretford, to withdraw her amendment.

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[Lord Peston]

Noble Lords will not be surprised to know that I take it for granted, somewhat cynically, that religious schools will be biased in favour of appointing and promoting people of the same religion. That is part of human nature and it is how people carry on. I do not need to remind noble Lords that I am not qualified in the law. However, I am absolutely horrified to hear what both my noble friend Lady Turner and the noble Lord, Lord Avebury, have said about the legal advice they have been given from lawyers, who are certainly well qualified to give such advice.

I have a couple of points for the Minister. First, do we have any data on what actually goes on in these religious schools? They are financed using public money but do we have data on the religious mix of their staff and of who gets promoted and who does not? Are there any facts at all that could guide us? Secondly, if the law is being broken, I am not clear who is breaking it. I would have guessed that it was the schools that were breaking the law but the noble Lord, Lord Avebury, seemed to suggest that it was the Government, so I am a bit lost on that. I wonder if the Minister could tell us something about that as well. I assume that for one lawyer who you could buy to give you one opinion, the Government could buy another one to give them a different one. That adds to my cynicism. Finally, I hope that the Minister is not going to go through a legal document sentence by sentence, otherwise we will be here past 10 pm.

[Lord Hill of Oareford]

My Lords, on that particular point let me reassure the noble Lord, Lord Peston, that I do not intend to do that and am not equipped to do it. Generally, there have been a number of important detailed and technical points made by the noble Baroness, Lady Turner of Camden, who moved the amendment, and by my noble friend Lord Avebury. The sensible thing on some of those technical matters is to follow them up in writing and to have the kind of meeting that my noble friend suggested. I would go through it in that way rather than trying to grind through technical and detailed points now, which I would not get right either. Generally, that is a sensible way forward but perhaps I might make a few general responses to some of the broad points that have been made, then I will follow them up as I have suggested.

The Government’s overall position, as noble Lords will know, is that we accept that faith schools should have freedoms to employ certain staff according to religious considerations. Those freedoms are there for a reason: to maintain their ethos and to provide the sort of education that parents want. The School Standards and Framework Act 1998, which was passed by the previous Government, reflects that position and we believe that it still strikes the right balance between the prohibition of religious discrimination and the need for faith schools to maintain their religious character.

As for the general point made by my noble friend Lord Avebury about the European framework directive concerned, as I said I will follow that up with him. We do not accept that Section 60 of the School Standards and Framework Act contravenes it. We have seen the opinion that my noble friend referred to and I am advised that we have not changed our view on that. However, as I said, we will reflect and I will meet him to discuss that with officials who will be better equipped than I to have a sensible conversation with him.

So far as academies generally are concerned, it is our policy that faith schools converting to academies will, upon conversion, retain the freedoms and responsibilities which come with those freedoms. That is true in terms of admissions, as we have discussed before, and in terms of staffing. Voluntary-aided schools have always had the ability to take faith into account in the employment of all of their teachers, so where a VA school converts we have preserved this position. Voluntary-controlled and foundation schools have, in comparison, historically only been allowed 20 per cent of staff as reserved teachers, employed to deliver RE in accordance with the tenets of the school’s faith. Where a school’s freedom to take religious considerations into account has historically been restricted in this way, we have also made a commitment that those restrictions will continue when a school converts. This position is currently protected in academies’ funding agreements but, as the noble Baroness, Lady Turner of Camden, said, we are using Clause 60 to ensure that these protections are also preserved in legislation. That was a commitment I made last year to the noble Baroness, Lady Massey, who is sadly not in her place, during the passage of the Academies Act, and I am glad to have the chance to give it legislative effect.

The noble Baroness and the right reverend Prelate discussed a specific point, and I hope this will clarify their exchange. I am told that the Education and Inspections Act 2006 amended the School Standards and Framework Act 1998 to allow, but not require, the head teacher to be a reserved teacher, so the head teacher may be a reserved teacher, but does not have to be. That was to meet the needs of small schools with few teachers.

Turning to the specifics of the clause, Amendments 133 and 134 relate to the Secretary of State’s power to make an order to disapply the requirement that academies that were previously voluntary-controlled or foundation schools must employ up to 20 per cent of their teachers who are selected on their ability and willingness to teach denominational RE. Once that requirement is disapplied, the academy will have the ability to select up to 100 per cent of its teachers based on faith criteria, as any other independent school can. This was the point that the noble Baroness, Lady Murphy, was concerned about. I would like to make it clear to her that the power to issue such an order would be used only in circumstances where such an academy had changed its governance arrangements from minority to majority faith representation. It would mirror a process that is already possible in the maintained sector whereby, for example, a VC school can change category to a VA school and has to go through a consultation.

I agree with the point that issuing an order should not be a decision that is taken lightly. Any order would be issued only if a clear proposal had been set out justifying a change in the academy’s governance and staffing arrangements, a consultation of affected parties had taken place and a considered decision had been made in the light of responses to that consultation. Such an order would contain transitional provisions to protect the employment of teachers employed prior to the order taking effect. I hope that provides some reassurance.

On Amendment 127, I am advised that the provisions of the Equality Act 2010 mean that no teacher in an academy without a religious ethos can lawfully suffer less favourable treatment because of their religion or belief, as is required by the framework directive, so we think that the replication of Section 59 of the School Standards and Framework Act 1998 for non-religious academies would be an unnecessary additional layer of legislation.

As I said, I will follow up some of these more technical, detailed points, and we can pursue them further. Overall, the Government’s position is that parents choosing to sent their children to a faith school do so with the understanding that—

Education Bill

Debate between Lord Hill of Oareford and Lord Peston

Monday 18th July 2011 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

Behind me is a portrait of the judgment of Daniel. Actually, I think that it should be a portrait of the judgment of Solomon, given today’s debate—

[Lord Peston]

I am sorry to interrupt the Minister. I am very much looking forward to hearing his speech, but the monitor suggests that we are possibly within seconds of voting in the Chamber.

[Lord Hill of Oareford]

I am going to speak very quickly.

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[Lord Peston]

It is just that I do not want his speech to be ruined by the fact that we may need to march out during the middle of it.

[Lord Hill of Oareford]

My Lords, I would have finished it by now if the noble Lord had not intervened.

There is an extremely wide range of views on this important issue, as I knew there would be, and, like others, I am grateful to my noble friend Lord Avebury for raising it. In considering the current system and the way forward, the Government’s guiding principle is that the arrangements for collective worship should be flexible and fair to pupils and parents as well as manageable for schools. The requirement for a broadly Christian collective worship is a long-standing one, which I think was the point made by the noble Lord, Lord Touhig, who referred to it as our Christian heritage. A similar point was made by the noble Lord, Lord Griffiths of Burry Port.

If I may declare an interest, as other noble Lords have, I am the son of a Methodist mother, who herself had to go to chapel three times a day on Sunday, and of a father who was a chorister at Westminster Abbey and so went to church almost every day for six years. As a result of that, we had no church at all in our household because I think that my parents suffered from overload. However, as a kind of historian—or a historian manqué—I think that it is difficult to write out the role that the church has played in education and in the history of our country for many hundreds of years—

Education Bill

Debate between Lord Hill of Oareford and Lord Peston

Wednesday 13th July 2011 Grand Committee

[Lord Peston]

Before the Minister speaks, I unfortunately missed the last meeting of your Lordships’ Committee. I broadly support what is said here but would like, as someone who spends a lot of time using this sort of technology, to offer one or two caveats. First, I know of no other way of wasting more time than in getting on to the net. It is not merely ordinary time-wasting because it is addictive. I am keen for our young people to get involved in all this but we should not be naïve about it. When I come into your Lordships’ House, I am one of the early arrivals at 8.30. By 9.30 I am fed up to the teeth and immediately log-on. I start typing into my machine. Some two hours go by and I have looked at The Wasteland by TS Eliot—you can download it for free, which surprises me. I then begin to wonder if that is a better poem than The Love Song of J Alfred Prufrock. That is all good for young people except for the amount of time that it takes. Equally, one should not be naïve in assuming that they will do as I do and look for intellectual, aesthetic and scientific things. They will spend a lot of time mucking around. I am not saying a word against any of this being the right path to go down—quite the contrary. We really must go down this path but I wanted to add those words of caution.

The other words of caution already emerged in your Lordships’ earlier deliberations. For a lot of young people, we are talking about a great deal of money. As much as I support my noble friend’s Amendment 107C, it would cost quite a lot of money. Also, one should not forget how many homes still do not have computers. That was perfectly clear from the earlier discussion. It again troubled me a little that—I have forgotten where I read it now, but it was apropos of what is developing in California—increasingly if you do not submit your work via computer it ceases to be acceptable. Are we absolutely certain that we want to be completely committed to that path? I am quite certain that, were our successors to read my speech a generation from now, they would say, “Well, they really had some old fogies in those days, didn’t they?”. By then, it will just be the norm but we should just be a little cautious about the path to that norm. Nothing of what I have said should be interpreted as meaning anything other than support for technology in schools. As I say, the world wide web is a fantastic treasure trove of valuable things. We certainly want our young people to use it. I simply add the caveat that there is a little more to this than just saying what a wonderful thing that is.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

First, I agree very much with the view expressed by the noble Lord, Lord Puttnam, and with the powerful speech made by my noble friend Lord Willis on Monday, when we last discussed this before being rudely interrupted. My noble friend was absolutely right that the effective use of technology clearly supports good teaching and helps raise standards.

As he argues clearly, it is not an either/or between, for example, Shakespeare and technology. I have had that conversation with the noble Lord, Lord Puttnam, before. He made the case powerfully to me that technology can bring Shakespeare within reach of people for whom the traditional way of books would be much harder; it can bring it to life in a way that the Arden set might not.

My noble friend was right to suggest on Monday that there has been too much emphasis on the technology itself, the kit, and the idea that we could transform teaching simply by spending money on computers or whiteboards. I know that the noble Lord, Lord Puttnam, agrees with that. By the same token, I accept that there are far more exciting ways of learning than just by Latin primer.

One point that was not raised about technology is the fact that we have an extraordinarily successful market in educational technology in the UK. We are a leader, so there are strong commercial reasons why we should support it. We want to encourage sharing of evidence of effective practice in the use of technology and improved teacher skills in using it. My noble friend and the noble Lord, Lord Puttnam, have given me a useful nudge—I think that that is the word—or prod about the importance of that.

We are talking to a number of interested parties—school leaders, professional bodies, educational charities, industry, academics and other experts—about how the department should take forward its thinking about technology. Given the pace of change, we think it important to allow schools and teachers themselves, working with industry, to respond to the changes. We want to give teachers the freedom to choose how to use it to create lessons that engage their pupils and enable them to achieve their full potential. The noble Lord, Lord Puttnam, gave a powerful example of how that is happening. The noble Lord, Lord Puttnam, and my noble friend talked on Monday about having a conversation with the department. I would certainly welcome such a conversation and invite both of them and any other noble Lords with an interest to help us develop our thinking.

Access to computers and the internet is an important point. Clearly, that can have benefits for the whole family. We know that many schools offer access to ICT before and after normal school hours to help pupils without access at home. Other schools are working with charities such as the e-Learning Foundation and the commercial sector to provide access. We want more of that.

On resources, the financial situation is obviously difficult. We seek to support disadvantaged pupils directly through the pupil premium. The premium enables schools to decide for themselves how best to spend additional resources to support disadvantaged pupils. On Monday, my noble friend gave the figures for the extent to which there is a disparity between rich and poor—unsurprisingly—of access to computers. The premium may well include providing computers and broadband connectivity if the schools think that that is the most effective approach for particular children in the circumstances that they face.

The Government certainly recognise the important role that technology can play in supporting education. We are considering that within government. I ask my noble friend Lord Willis—and, as I said, any other noble Lords who would be interested in such conversation—to help us with our thinking. I certainly accept the fundamental importance of the subject, as my right honourable friend the Secretary of State set out in the recent speech to which the noble Lord, Lord Puttnam, referred. On that basis, I ask my noble friend to withdraw the amendment.

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[Lord Hill of Oareford]

William III.

[Lord Peston]

My Alzheimer's is worse than I thought it was. The Secretary of State must be aware of that technology. Other things are in the national curriculum that, when I was at school, I found inimical to education. Geography was the most extreme example. We were made to do geography. I was not persuaded then and I am not persuaded now that geography should be part of anybody's education. If I want to know where somewhere is, again, I go to my computer. These days, I have to type in the name of countries that did not exist in my day, but I can find out where they are.

I believe that education is about finding things out and appreciating them—all that my noble friend and the noble Baroness, Lady Sharp, said. If we all reflect on what was the best part of our education and schooling, it was things that were not merely part of the curriculum but, in my case, not something I was ever examined on. I was in the economic sixth at Hackney Downs School and the headmaster decided that economics was clearly not part of education. He told the English master to see the five of us who had taken that option in the sixth form. The English master, Mr Brierley, who was the great discoverer of Harold Pinter, introduced us to things that we had never heard of, one of which has become a total obsession of mine—philosophy.

To return to my earlier remarks, I have wasted more time reading about analytical philosophy than I care to remember, but that was part of my education. Perhaps the Minister can enlighten me, but I do not believe that those responsible for our national curriculum have ever said that rational argument and logical reasoning are what education should be about. All that tells me that the last people—having worked at the Department of Education as its first ever special adviser, I include in my admonitions officials as well as the Minister—who should be deciding these things once and for all are Ministers and their officials. We need outside comment.

I partly address my next remark to my noble friend Lady Hughes. The one thing that gives me hope is that, although I entirely support her amendment, the department should know that many of the rest of us still have our views. Therefore, if something comes up that we think is totally crackers, the department will still hear from us on this subject, whether we are officially consulted or not.

Education Bill

Debate between Lord Hill of Oareford and Lord Peston

Monday 4th July 2011 Grand Committee

[Lord Hill of Oareford]

The evidence was a point made by a noble friend. It is reasonable to think that where the process is conducted properly and the independent review panel comes back to the governing body saying, “We think that you are wrong for this, that and the other reason”—so that the governing body is confronted with that evidence and realises that others have reached a different view, or that they have made mistakes in how they have gone about it—most people will listen to what is being said to them. Obviously I do not have hard evidence because we do not have the system in place.

The noble Baroness, Lady Hughes, talked powerfully about the example of Lewis Hamilton. I understand that example. Because the numbers are so small, one ends up having anecdotal exchanges of that nature. When this was debated in another place, a letter from a chair of governors was quoted which reads:

“In February a violent incident occurred at our school and after an exhaustive investigation the Principal took the decision to permanently exclude both the pupils involved in the attack. In short, they had come into school after issuing threats on ‘Facebook’ and sought out an individual to beat up. Failing to find him, they subsequently violently assaulted another boy, leaving him with concussion and in a state of shock. The police wanted to pursue the matter further but the family of the victim were fearful of reprisals and refused to press charges. In March, an exclusion hearing took place and the Governor’s Disciplinary Committee upheld the Principal’s decision to permanently exclude both the pupils involved in carrying out the assault. The mother of one of the excluded pupils appealed and the IAP overturned our decision and directed that we should reinstate the excluded pupil … The whole school environment was deeply shocked”.

That is an anecdote, but is illustrative of the effect these decisions can have on other pupils and the school. I wanted to start the point about the exclusion trials because there may be an assumption that the Government want in some way to be gung ho or vindictive about this, or that we start from the point of view that heads are Victorian figures of authority who must never be questioned and their writ must always run. That is not our position. Our position is that there could be a small number of cases where the effect on the attitude of other pupils and staff is worth giving the school space to take that into account. The principal of Burlington Danes Academy gave evidence to the Education Select Committee in the other place, where she said:

“I am very pleased that the appeal panels have gone, having had a permanent exclusion overturned. A teacher was attacked with a knife and the child was able to come back to the school”.

Although incidents are fortunately rare, these events are not unique. Schools have to be safe environments where pupils can learn. To achieve this, as we have already discussed, schools need to be able to manage behaviour, and heads and governing bodies need to know that they can go about that with confidence.

I turn to the specific amendments on the First-tier Tribunal and the amendment about giving panels the power to reinstate. Clearly, requiring all cases to be taken to the First-tier Tribunal with a power to order reinstatement would defeat the purpose of Clause 4. Our proposals reform the current arrangements for exclusion appeal panels, remedying what we consider to be a weakness in relation to the power to force reinstatement. We believe that the new review panels will ensure quick resolution, which is in the interests of all parties.

I think that there was a question about the timing. We believe that the panel will have to meet and consider a case no later than 15 school days after the parent requests the review.

I was grateful to my noble friend Lord Storey for speaking to his amendment, which addresses an important issue about the amount of adjustment to a school’s budget that an independent review panel can set. Again, there are balances to be struck in wanting any financial penalty to be sufficiently high that the governing body would want to reflect seriously upon it. However, I understand my noble friend’s concern that the adjustment should take account of the size of the school and its total budget, as well as his point about a flat-rate penalty. Therefore, although there are arguments in favour of such a scheme because of its simplicity, I am happy to accept the principle behind his amendment and say that, when consulting schools and local authorities later this year on the new arrangements, we will include the issue of whether the penalty should take account of the size of schools—for example, having different penalties for primary and secondary schools.

[Lord Peston]

Will the noble Lord clarify a minor matter of logic? If he is saying that the review panel has the right to fine a school if the school does not go along with it, how can it be in the interests of any school to have its budget reduced when it is doing what it thinks is the right thing? Whatever we do, that seems to be about as absurd an idea as you could dream up. Who would suffer from having less money? Presumably, the school would buy fewer text-books or less of this and less of that. To me at least, none of this makes any sense. Why the Government have gone down this path, I have not the slightest idea. I have worked very hard to follow this issue since Second Reading but the fine business makes no sense to me whatever.

[Lord Hill of Oareford]

My Lords, the purpose is to compensate the local authority for the additional costs of the services that it would then have to pick up because the school was no longer providing them. That is the benefit.

We have heard important points raised about the Joint Committee on Human Rights and I shall make a couple of points about that. The JCHR set out its views on the compatibility of Clause 4 with convention rights. We disagree with the view that the proposal to establish review panels is incompatible with Article 6 of the European Convention on Human Rights. Our central legal argument is that the existing statutory framework around exclusion and educational provision for children who are excluded, whether on a fixed-term basis or permanently, is not determinative of a civil right, so Article 6 does not apply. In all the Strasbourg cases where civil rights have been found to engage Article 6, the civil right in question must have a basis in the domestic law of the state concerned. There is no domestic law right in the UK which guarantees the right to be educated in a specific institution. The right to an education, which is a right guaranteed at Article 2 of Protocol 1 of the convention, is not a guarantee of education at or by a particular institution. Article 13 of the convention requires that everyone whose convention rights and freedoms are violated shall have an effective remedy. As no convention rights are at issue here, we are clear that Article 13 is not engaged. We will shortly set out these arguments in more detail in a response to the Joint Committee.

I was asked about the consistency of school rules and the criteria for exclusion. The guidance is clear that a decision to exclude should be taken only in response to serious breaches of the school’s behaviour policy and if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school. The guidance is also clear that the head teacher should consider all the evidence, taking account of the school’s equal opportunities policies and, where applicable, equality legislation. We will continue to collect data on exclusions, which include exclusions by SEN and by ethnic group.