Academies Bill [HL]

Lord Lucas Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Adonis]

I begin by paying tribute to the Church of England for the outstanding work that it does in promoting academies. As the right reverend Prelate said, the Church of England is the largest single sponsor of academies. The right reverend Prelate the Bishop of Liverpool and I worked closely on the development of academies in Liverpool and the area around, and they are making marvellous progress, extending opportunity in an area that has not had it in the past.

This is my first opportunity in the House to congratulate the noble Lord, Lord Hill, on his appointment, which I do very warmly indeed. I should also say how glad I am that my noble friends Lady Royall and Lady Morgan are leading on this Bill for the Opposition. They bring a wealth of talent and experience to the task.

My noble friend Lady Morgan raised a number of policy issues about the extension of academies, which I shall leave the Minister to respond to. However, on the specific issue about the legal name that should be given to a certain category of school, I find myself in surprising agreement with the noble Baroness, Lady Walmsley. She and I are survivors from the interminable debates on the Education Act 2005, on which our views did not coincide all the time, particularly on the issue of academies. But she is right that, in terms of legal category, the schools to which the Bill proposes to accord that status have all the essential characteristics of existing academies.

I know that a rose by any other name would smell as sweet but, for two reasons, I do not support this amendment on the name that it gives to a legal category of schools. First, the schools which we are talking about in this Bill are academies in all their essential legal characteristics. They are managed independently of the local authority, on a contract with the Secretary of State that regulates a whole host of their policies and funding and which will be similar to that of existing academies. My noble friend says that academies are schools largely in deprived or challenging circumstances, and she is correct, although I need to point out to the House that that is not the exclusive preserve of academies. A number of entirely new schools have been set up as academies in very mixed social areas and a number of successful schools, including successful independent schools, have come into the state system by using the legal category of academies.

The legal status is clearly set out in Section 65 of the Education Act 2002, which is cast in similar terms to Clause 1. I emphasise the fact that the 2002 Act, which was passed by the last Government, does not specify that academies, in legal terms, can only be schools that pass a threshold either of deprivation or of low achievement. On the contrary, I invite Members of the Committee to look at Section 65, which says:

“The Secretary of State may enter into an agreement with any person under which … that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school in England with the characteristics mentioned in subsection (2)”.

Those characteristics are that the school,

“has a curriculum satisfying the requirements of section 78 of the Education Act 2002”,

and that it,

“provides education for pupils of different abilities who are wholly or mainly drawn from the area in which the school is situated”.

Those provisions are almost identical to those in the Bill.

If there is no legal distinction between the schools that we are talking about in this Bill and those referred to under the Education Act 2002, is there another public policy reason for us to give a different label to certain schools within a similar legal category? I urge your Lordships not to do so. We already have an alphabet soup of different names for schools within the state system: community schools, foundation schools with a foundation, foundation schools without a foundation, voluntary aided schools, voluntary controlled schools, trust schools, city technology colleges, grammar schools, maintained special schools and non-maintained special schools. If the schools that we are talking about are academies, as they are in their essential legal characteristics, the right thing to do is to call them academies and not to add to the alphabet soup.

[Lord Lucas]

My Lords, the noble Lord, Lord Adonis, paid tribute to the right reverend Prelates, so I shall pay tribute to him. He was a most excellent Schools Minister and was largely responsible for the success of the academies programme. As the Minister said, the party opposite has every right to be proud of what it achieved. I also praise the noble Lord for starting off his life as a Back-Bencher exactly as I hope he will continue, feeling free to disagree with his Front Bench. As my noble friend Lord Hill will discover, feeling free to criticise one’s own side when one feels that it is getting it wrong is the mark of respect that every Back-Bencher seeks to attain.

I feel that the noble Baroness, Lady Morgan, although she was in turn an excellent Minister, is getting it wrong. It was always inevitable that the academies programme, once it had proved itself and gained momentum, would be open to existing schools. The idea that schools have to fail in order to become academies is not tenable. The substance of the amendment is political phooey and should be disregarded.

The noble Baroness raised a number of points that I suspect I will agree with later—or at least I will share her concerns. This is a new phase for the academy movement and it raises questions which were left in abeyance when the academies were few and had strong sponsors but which need examining now. However, a change of name, with further confusion for parents and everybody else, is not required.

[Baroness Massey of Darwen]

My Lords, at Second Reading many noble Lords pointed out that most parents want a good local school, whatever it is called, and that good schools depend on good leadership, good teachers and good classroom practice, none of which I see mentioned in the Bill. My noble friend made some interesting points about academies, as did the noble Lord, Lord Adonis—I quite agree with him about the alphabet soup of schools. However, this is not just discussion about a name.

I have never particularly liked the name “academy” for a school, despite my respect and affection for my noble friend Lord Adonis. To me, the term has always meant a Scottish secondary school, the garden where Plato taught or, as in the Brixton Academy, a nightclub. As I understand it, we are talking about names that have legal and constitutional significance. No doubt we will tease out some of these legal and constitutional issues, such as buildings, charitable status, admissions, inspection, employment, VAT regulations, freedom of information and data protection, throughout the passage of the Bill. My noble friend is right. If these apply to what are called direct maintained schools—in other words, if they have to obey the rules I have just mentioned—the name should be looked at again. Could the noble Lord please spell out—I am sure he will—the differences between the name “academies”, as referred to in the Bill, and other kinds of school which now exist, and tell us why the name should not be changed?