Academies Bill [HL]

Lord Wallace of Saltaire Excerpts

Wednesday 7th July 2010 Lords Chamber

[Lord Whitty]

This amendment should be fairly straightforward. In a sense, I am on the same page as the noble Baroness, Lady Walmsley, was at the very beginning of proceedings today. It appears slightly odd that we should propose amendments that require schools to obey the law, but life is more complicated than one would think. The point of my amendment is to clarify that, for the purposes of the Human Rights Act and the Equality Act, academies are regarded as public authorities. This is important in both contexts. The noble Baroness, Lady Walmsley, got an assurance in fairly unequivocal terms on the Human Rights Act, and I should like an equivalent assurance, at least, on the Equality Act. I am proposing this in the hope that the Minister will be disposed, if not to accept the amendment, at least to give me a statement that meets the points of the amendment.

Notwithstanding what was said about governing bodies just before the break—and the Minister and others will know that I am not entirely well disposed towards this Bill in principle—I and, I think, most people in this House, would accept that the majority of governing bodies and managements of academy schools that come through this process will operate within the mainstream of educational approach and activity. Nevertheless, it is possible and, at the edges, probable, that the process of establishing academies—and even more so free schools, which will eventually be subject to the same provisions—can lead to governing bodies that are outside of the mainstream. I put that as delicately as possible. There are particular subsets of parents who have particular views on education; particular faith groups will have views on matters of gender and sexuality that are not the normal approach that would be guaranteed if the organisation were subject to the Equality Act and the Human Rights Act. We have to bear in mind that, whatever safeguards we build in, such minorities could qualify to establish a school under that process. Alternatively, it could be that the management of the school is proved to be so lax that, whatever the ethos of the governing body, it is not properly observed. I should therefore like it clarified that the requirements under the Equality Act and Human Rights Act that apply to public authorities will apply to academies, despite their slightly ambiguous position. If the Minister can give me that assurance, we can move on to the next amendment.

[Lord Wallace of Saltaire]

My Lords, we are happy to confirm, as I thought that we had in Committee, that the Government accept that academies are public authorities for the purposes of the Human Rights Act 1998. We welcome the noble Lord’s intention of ensuring that; we will, as we said in Committee, ensure that academies are included in Schedule 19 to the Equality Act 2010. As the noble Lord will know, academies as independent educational institutions will be required to comply with all the duties in the Act that apply to schools more generally with respect to non-discrimination, reasonable adjustments for disabilities and the like, including gender issues. Academies are not currently included in Schedule 19, but the schedule will be updated before the duties come into force in 2011 and academies will be included in time for that commencement. Therefore, by the time those duties are implemented, it will be clear that an academy is a public authority for the purposes of the Equality Act.

With that clear reassurance, I hope the noble Lord will feel able to withdraw his amendment.

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I do not want to impose a huge bureaucracy on this process, but I think that people have to talk to one another at all stages. That includes not only the governing body but the Secretary of State. I therefore hope that, as a result of this debate, the Minister will consider coming forward with an amendment that covers both aspects and takes into account the amendment in the name of the noble Baroness, Lady Walmsley. If he comes forward with a more conclusive and clear amendment that enshrines in the process the principles of consultation, although it would not please me entirely, it would make me feel a lot happier.

[Lord Wallace of Saltaire]

My Lords, the noble Lord is in the 15th minute of a speech on Report, which is a little long.

[Lord Whitty]

I accept that it is a little long, although I did warn the House, but it is actually only the 12th minute and this is an education Bill. I beg to move.

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[The Earl of Listowel]

My Lords, I agree with the thrust of what the noble Lord, Lord Greaves, has said. He referred back—as did the noble Lord, Lord Hunt of Kings Heath—to our debate on the necessary expensive services to children with special educational needs and the need for a strategic commissioning of such services. There could be an important role for local authorities in that area in future. Like the noble Lord, I would encourage the Minister to set up some kind of forum with the local authority so that there is an ongoing communication with it. Each local authority will have a councillor responsible for the welfare of children within its area; why could there not be informal meetings in which new academies are introduced to such people? This would enable the doors of communication to be kept open?

As my noble friend Lady Howarth made clear, if we want children to succeed at school, we need to make sure that their welfare is catered for. It is important that social services work in partnership with schools. I am sorry to repeat it one more time, but head teachers keep on telling me about the value of social workers when they are connected with a school; or, if they do not have a social worker, how much they would like one attached to their school. It is important to keep these matters in mind and I thank the noble Lord, Lord Greaves, for making this debate possible.

[Lord Wallace of Saltaire]

My Lords, the debate in Committee underlined the importance which many noble Lords attach to the role of local authorities. There are some very important questions here and we do not pretend to have all of the answers. Both parties within the coalition are committed to the principle of localism, with decisions and accountability returned from London to local communities. We are clear that we no longer want to hear the Secretary of State for Education—as happened under the previous Secretary of State—announcing on the “Today” programme that he had just dismissed a head teacher in Carlisle. However, it would be only honest to admit that neither party in the coalition is yet clear what localism means in detail, in this sector and others, and what the balance between the role of local authorities and of more local communities, including parents and others, should be.

In his letter to council lead members sent on 26 May, my right honourable friend the Secretary of State for education made it clear that the Government see strong local authorities as central to their plans to improve education. This Thursday, the Secretary of State will be speaking on this theme to the Local Government Association conference. He will confirm that we want to see local authorities acting as powerful champions of excellence, both in education and in wider children’s services, and that we want to see local government playing a strong strategic role, working with schools to drive up standards, supporting schools in working together to share expertise, and in promoting the spread of innovation for the benefit of all.

We want to see a smooth transition to the new school system and we are pursuing a genuine dialogue with local government and other partners to that end. We will therefore pursue further dialogue with representatives of local government about these and related issues over the coming weeks and months. It may be, as my noble friend Lord Greaves suggested, that the local authority develops more of a commissioning role along the lines envisioned by the party opposite in its 2005 White Paper. It may also be that some of the other ideas that he alludes to in his amendment should be explored further as part of the future shape of provision and the relationship between local authorities and schools. I assure my noble friend that the Secretary of State is committed to this dialogue; he will be pursuing it further on Thursday and will make a number of proposals as to how it should be taken further in the next weeks and months. I invite my noble friend Lord Greaves, with his considerable expertise in this field, and other noble Lords who have expressed interest, to help shape our thinking in this area so that we can, in time, come forward with the best possible proposals. On that basis, I urge my noble friend to withdraw the amendment.

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[Baroness Morgan of Drefelin]

My Lords, I am delighted to support my noble friend's amendment. It may be late, but the contribution that support staff make to our country’s schools is worthy of significant attention. In Committee, I and the noble Baroness, Lady Sharp, reminded noble Lords of the important role of support staff, and I am delighted to support my noble friend's analysis of the challenges that they face with a major expansion of the academies programme. This amendment provides a framework that is markedly different from the national negotiating body that the Minister referred to in Committee. When one looks at the contribution that the 123,000 new classroom assistants have made across the school system, it is important that we take all possible steps to maintain stability in the workforce. A framework such as this would contribute to that. In the past, as the noble Baroness, Lady Sharp, eloquently said, support staff have been undervalued, and we should put in the work to create a new school support staff negotiating body. A lot of work and thought has gone into defining the roles and contribution that the staff make, and this could be a great support, particularly to small academies such as the primary academies that some noble Lords have been concerned to promote. I hope that the Minister will support this approach.

[Lord Wallace of Saltaire]

My Lords, I hope that the noble Lord, Lord Whitty, will forgive me if at this late stage I do not read out the whole of the 15-page brief that I have been given in reply. We are all conscious of the importance of support staff. From the anecdotal evidence that I have picked up both in Yorkshire and London, many classroom assistants and support staff working in maintained schools are working for remarkably low pay on part-time contracts that do not include lunch. Therefore, this is not simply a question about the transfer to academies: there is a broader question of how we all value the very useful contribution that they make. Having said that, and underlined the fact that it is not just a question of the conditions of support staff in schools that convert to academies, but that the problem exists across the board, I also emphasise that academies are intended to have freedoms over staff pay and conditions. That is precisely the point of freeing academies from the deeply complex, embedded structures of maintained schools across the country. Freedom in relation to pay and conditions has been a core freedom since the academies programme started under the previous Government, and indeed that was part of the reason why the previous Government set it up. It enables academies to establish pay and conditions which reflect their approach to the school day and to attract and appropriately reward innovative school leaders and practitioners.

As academies recruit good support staff, I urge them to value them as well, and perhaps to value them more than some maintained schools under local authority control do at present. Having said that, at this early hour, as it has just become, I urge the noble Lord to withdraw his amendment.