Education Bill

Lord Northbourne Excerpts

Monday 24th October 2011 Lords Chamber

[Lord Northbourne]

My Lords, I hear the expression “fair access”, but it is possible to develop arguments for different kinds of fairness. Is “fair access” clearly defined anywhere? We are turning this legislation on the assumption that we all agree about fair access. However, fair access might be for the poorest children, or for the children with the greatest educational need, or for the cleverest children, as they are the children who are most likely to profit from an excellent education. Can we have a definition of “fair access”?

[Baroness Walmsley]

My Lords, I see that the noble Lord, Lord Northbourne, is exercised by his inability to define what a parent’s responsibilities are. Along the same lines, he is looking for us to define what “fair access” is tonight.

I would like to speak to my Amendment 70 in this group. It is identical, I think, to the one that I tabled in Grand Committee when I raised this issue. As the noble Baroness, Lady Hughes of Stretford, said, we are making some changes in this legislation to the powers of the adjudicator. I was concerned that, since the adjudicator cannot look at wider issues but only at the complaints put before him or her, there was nobody who could take a view across the piece and see whether injustices were arising in different places in the country. Indeed, if one could see a pattern emerging, somebody ought to do something about it.

I followed up our debates in Grand Committee by raising the issue with the Secretary of State. I pointed out that we on these Benches do not usually want to give additional powers to the Secretary of State, but in this case we thought that it was necessary, partly because, as the noble Baroness, Lady Hughes, said, the schools landscape is becoming more and more complex and diverse and many schools are now their own admissions authorities. So I am pleased to say that, along with my noble friend the Minister, my right honourable friend the Secretary of State is of the view, as I understand it, that he already has these powers and duties. The only reason I tabled my amendment again was to give my noble friend the opportunity to put it on the record under which statutes the Secretary of State already has these duties. If that is perfectly clear, I see no reason to press my amendment.