Counter-Terrorism and Security Bill

Debate between Lord Phillips of Sudbury and Baroness Williams of Crosby

Wednesday 4th February 2015 Lords Chamber

[Lord Phillips of Sudbury (LD)]

My Lords, I shall speak to Amendment 14B, and my learned—not my learned—

[Baroness Williams of Crosby (LD)]

My brilliant friend—

[Lord Phillips of Sudbury]

My—admirable and brilliant—noble friend Lady Williams is a co-signatory to that amendment and is going to speak to Amendment 14D. My noble friend Lord Norton of Louth, who unfortunately cannot be here, and the noble Viscount, Lord Hanworth, who is indeed here, also have their names to these amendments.

First, I thank the Minister again for the way in which he has tried to deal with the very many comments and complaints about the Bill. Major advances have been made. The most important, on which this amendment touches but does not major, is the agreement that there must be an affirmative resolution by both Houses before the guidance can take effect. That is a very important concession.

Amendment 14B deals with the preparatory work for the debate which will ensue when the resolution is put to this House and to the other House to bring the guidance into effect. What we say and what Amendment 14B provides is that there cannot be the debate on the affirmative resolution to bring the guidance into effect until at least 28 days after the Government have laid a report before both Houses containing what we would say is essential information in order for both Houses to be fully prepared to debate to best effect the guidance and whether to bring it into effect. We call this a common-sense measure.

The first thing to say is that it is abundantly clear that Part 5 has had very little coverage beyond this place. We heard earlier from the noble Lord, Lord Wilson, that the Cambridge colleges have only just woken up to Part 5 and the potential impact on them, and how they are all now riding very high horses, but very late in the day. Indeed, I have discovered exactly the same position in other parts of the university fraternity. There has been extraordinarily little media coverage of this extraordinarily important set of provisions. As a result, there is not, as one would have expected, the head of steam behind the reforms proposed from all round the House and intended to impact on the effect of Part 5 of the Bill.

Academies Bill [HL]

Debate between Lord Phillips of Sudbury and Baroness Williams of Crosby

Tuesday 6th July 2010 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I am supported in my amendment by my noble friend Lady Williams of Crosby. This amendment, although different in terminology, covers much the same ground as what was the Amendment 4 that I moved in Committee. I do not propose to rehearse in detail the arguments that I then advanced in favour of that amendment. Suffice it to say that the nub of this amendment is to ensure that before any academy is converted from a maintained school or created completely afresh, the Secretary of State shall take a strategic view of the need for such an academy and, in particular, shall be required to consider its potential impact on other schools —plainly those in the vicinity. It is commonplace to observe that a brand new academy will have to draw its pupils from somewhere. The amendment will require the Secretary of State, in considering whether to grant a request for a school, to consider how that could impact on other good schools in the vicinity. Therefore, the amendment is bang in line with an oft repeated objective of the coalition. In the words of my right honourable friend Michael Gove, we have the most segregated education system of almost any sophisticated democratic country and we need to raise up those who go to schools in underprivileged circumstances. I pay tribute to the previous Labour Government, who strove manfully to do just that, by the creation of the first wave of academy schools.

That is the purpose of the amendment. Not to have such a vital consideration plainly and simply in the Bill would be wrong. I take into account what my noble friend Lord Hill said in Committee, namely that it was his and the Government's view that even without an amendment of this kind they would be under a duty to consider the impact of new academies on neighbouring schools. However, it is a good rule for legislators not to leave principle measures out of a Bill, not least because many of those who in future have to make the Bill work, such as headmasters, governors and local education authorities, will not have access to expert education lawyers who can pick up some of the implications that my noble friend Lord Hill rightly said were in the undergrowth of the Bill. This measure is designed to make plain what is implied.

Finally, I have drafted the amendment to make it clear that it is not the only consideration to be taken into account by the Secretary of State in considering an application for an academy school—it is one inter alia. The prospects to which the amendment relates are important, and there will be a significant number of situations where the amendment will allow sensible, long-term strategic planning of our secondary school system and of our primary school system—but particularly of our secondary school system. I hope that it will commend itself to the House and to the Minister. I beg to move.

[Baroness Williams of Crosby]

My Lords, I support my noble friend, because this is a crucial amendment that would greatly strengthen the Bill if it were to go through. This is not only because a local authority has a profound responsibility in arranging for the provision of adequate education for every child in its area, but for another reason that is very close to all of us at present: namely, the financial issues facing the Department for Education and many other departments. It is to those issues that I will address a few remarks.

It is worth pointing out—I looked up the figures recently—that in primary education there are 4,000,237 places, with 482,930 surplus places unused and unfilled at present which cost the Government a good deal of money. In secondary education, the figures are slightly, but not a great deal, better. There is a surplus in secondary education of 307,712 places, which is 9 per cent of the total. In the case of primary schools, 11 per cent of all places are empty. That puts a heavy burden on those, whether they are local authorities or churches, who are responsible for running the schools. Therefore, it becomes all the more important that, in creating a new school, whether it is a converted academy or a new school altogether, careful consideration is given to the impact on the number of places already being supplied.

An academy can do one of two things: it can add to the number of schools that already exist or it can replace those that are taken out. As many noble Lords know very well—I certainly do—it is not easy to close schools. There is usually a great deal of passionate commitment to them, especially primary schools, and the procedure for church schools can be long involving dioceses, parents and others in agreeing to such a provision being made. On the coolest statistics of all—the effect of financing education by having a large number of surplus places that are then added to—it is crucial that such an amendment is accepted.

From 1999 to 2003 the birth rate in Britain fell—not hugely, but by about 40,000. Those children who are just at the age when they go to school will be entering schools with already surplus places, which will increase because of the drop in the birth rate. That change in the birth rate goes back to a modest increase in 2003-04, which means that that group of children will not be reaching school until next year. For all those reasons, therefore, I strongly urge the Government to give due consideration to my noble friend’s amendment. I hope that they will consider it and feel inclined to accept it on grounds of cohesion, the satisfaction of people involved in schools and because of the fundamental financial difficulties.