Andrew Percy
Main Page: Andrew Percy (Conservative - Brigg and Goole)Department Debates - View all Andrew Percy's debates with the Department for Education
(14 years, 4 months ago)
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Dr Pugh
When were elected this May—God, it seems years ago—we all knew that there was some prospect that politics in this place might never be quite the same again. Many of us, frankly, welcomed that. The huge and welcome influx of new Members gave us all hope that things could possibly be different. That, along with the odd arithmetic of this place and the challenging nature of the country’s problems, seemed to dictate that the way ahead would be through rational consensus and for a while—all too short a while—it appeared that tribalism and command-and-control politics were dead; the Chamber and Committees would be important and policy would have to be evidence-led, much to the disappointment of the media, whose preference is always for a good scrap.
What do we have with amendments to the Bill, however? We have the spectacle of Ministers who have already told us that they will accept no amendment, period, and the sight of Whips new and old cracking their knuckles off-stage and perfecting basilisk-like stares in the mirror, persuading people not to vote for amendments such as amendment 8 and others that, it could be argued, align with the spirit and improve the detail of the Bill. Paradoxically, they are doing that because they assume that is how coalition politics work. I say paradoxically, because the amendment-denying Ministers in front of us, whose agents the Whips are, seem to be the most mature, civilised and benign advocates of the new politics. I personally cannot associate myself with the recent comments made by my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron); nor can I afford to drink in the Boot and Flogger. I am simply moving an amendment with which the Committee should be comfortable and, frankly, which any Member of any party can and should be free to support.
In the event of a governing body being divided, amendment 8 obliges a school to hold a ballot if a governor or a minority of governors object to an application for academy status. It therefore provides a restraint on a motivated group of governors misrepresenting or riding roughshod over parents’ wishes.
Mr Evans, you might recall that under Mrs Thatcher, in the Education Reform Act 1988, a parental ballot was an essential precondition of the change to grant-maintained status in any school. There were votes across the country on those matters. Sadly, subsequent Governments seem to have lost interest in the views of parents and, in my view, have disempowered parents, with one exception. Tony Blair insisted that the change from grammar school status required a parental ballot and that condition survives and is effectively incorporated in this Bill.
Can anyone in this Chamber give me an argument for why grammar school parents should be balloted before the status of their school changes and parents of children at other schools should not? I am at a loss to find such an argument. Why should grammar school parents have a right that primary school parents, comprehensive school parents and special school parents do not have? Will anyone agree with the former and present me with a good argument for voting against the latter?
Andrew Percy (Brigg and Goole) (Con)
Presumably, the reason is that a change from grammar school to non-grammar school involves a change in admission arrangements for the cohort coming in the new year. With an academy, the admissions code remains the same and all that effectively happens is that the school organisation changes.
Roberta Blackman-Woods
I did hear that answer, but many of us fear that, at that point, the process will already have gone too far in a particular direction for it to be stopped. In any case, the Government should adopt best practice, but it is not best practice to carry out a consultation when all but the very last stages of a decision process have already been completed. It would be more honest of the Government to admit that this clause had been inserted in the other place, that they did not want it in the Bill in the first place, and that there is no intention whatever to consult outside the governing bodies. Significantly, they should also admit that no attention will be paid to the outcome of any consultation exercise. This is not what the Government should be doing; it is not good practice.
Andrew Percy (Brigg and Goole) (Con)
I should like to speak to amendments 8 and 9 and new clause 1. I shall possibly touch on amendment 4 as well. Over the past few weeks, it has been interesting for me, as a new Member, to listen to Labour Members telling us that a figure of 51% is the correct one in any decision. Today, however, I think it was the hon. Member for Stockton North (Alex Cunningham) who told us that using a figure of 51% was an unacceptable way of coming to a decision. I am interested that their consistency on one argument does not necessarily carry over into another.
There are some sensible reasons behind amendment 9, in that one would probably want a consultation to have begun—and possibly even finished—before making an academy order. I suspect that as schools move along this route, that will indeed be the case. Today, however, I have been struck by the lack of confidence in our governing bodies and our head teachers. It has been staggering to listen to that. I sit as a school governor and I was until recently a school teacher. Perhaps I am judging hon. Members unfairly, but they seem to be giving the impression that governing bodies are educational asset strippers who want to move forward as quickly as possible without any consultation with parents. As a governor and someone who has worked as a teacher, I do not recognise that portrayal of governors as some kind of strange being.
Lisa Nandy (Wigan) (Lab)
I take the hon. Gentleman’s point about Members not taking governors’ commitment seriously. I want to reassure him that that is certainly not the argument that many of us are putting forward. The point about governors, of which I am one, is that they have a strong duty to take into consideration the impact of changes on the children in their school. They attach the utmost importance to that duty. We are also asking them to take into account the impact of the proposed changes on the wider community, but they will be able to do that only if they consult the wider community. Many of us are concerned that that will not happen unless such a requirement is incorporated in the Bill.
Andrew Percy
I thank the hon. Lady for her intervention. Amendment 8 does not mention the wider community; it simply mentions parents. We also now have community governors to represent the interests of the wider community. So it is untrue—sorry, it is incorrect to suggest that governors do not take into account the role of their school in the community. In fact, over the past few years, one of the great moves forward for most schools is that they now recognise their position at the centre of the local community, and no longer see their responsibility ending at the school gate or the perimeter fence. Most schools now work incredibly hard to build links with their communities.
Lisa Nandy
I accept that most schools see their role as being at the heart of their community, and I am grateful for that. The problem arises when a school does not see that as its role, and that is what many of these amendments are seeking to address.
Andrew Percy
I suspect that the hon. Lady and I will have to agree to differ on this point, otherwise we will end up bouncing backwards and forwards. Head teachers, teachers, governors and those who have attended a governors’ training course are generally well aware of their responsibilities beyond the boundary fence of their school.
Sammy Wilson
Does the hon. Gentleman not agree that any school that wants a long-term future and wants to attract the necessary intake of pupils to maintain its position will have to take cognisance of what is going on in the community, because without community support it will not get a supply of pupils?
Andrew Percy
My hon. Friend makes that point better than I could. That is precisely why I am making the point today that governing bodies are not full of educational asset strippers. They consist of people who care deeply about their schools and communities and who will not change the governance arrangements of their school without proper consultation with parents, pupils and the wider community. We should pay respect to the people who serve as governors. They are dedicated individuals who understand their responsibilities full well, and they will not proceed without proper consultation.
Mr David Ward (Bradford East) (LD)
There seems to be a view that a particular school serves a community, but in many areas the reality is that it serves different communities. A catchment area will include a range of different communities, not all of which might be represented on the governing body.
Andrew Percy
The hon. Gentleman makes the point that I was going to make about amendment 8, which limits consultation on the ballot to the parents at the school at the time, taking no account of the wider community or communities. One of the biggest problems that I have with the suggestion of a ballot for parents is this: given that orders can take up to a year to go through, who do we ballot? Do we ballot year 11 parents? Do we ballot year 6 parents from feeder schools? Do we ballot people who might be thinking of having a child at some point? The impossibility of drawing a correct boundary around those to be balloted is the weakness of the ballot process.
Having served as a local councillor who has been through the Building Schools for the Future process, I would like to ask Labour Members who propose ballots this question: where were our ballots on the proposal to merge schools? Where were our ballots on the proposal to close schools? Where were our ballots on the proposal to move ahead with academies, put forward by the previous Government? Such ballots did not exist, and the Government were right not to call for them. Proper consultation with the governing bodies, involving consultation with parents and schools, was the best course of action.
The same applies to health services. In my area, a number of health services have been lost. Trusts have become foundation trusts, and their governance arrangements have changed, but we had no ballots on those proposals either.
Ian Mearns (Gateshead) (Lab)
The hon. Gentleman makes a cogent argument for the retention and strengthening of the strategic role of the local authority in education provision, which seems to run against the logic of establishing academies across the piece.
Andrew Percy
The hon. Gentleman will probably be disappointed, as I was about to move on to that point. Labour Members have said a great deal about the role of the local authority, and of parents in relation to it, in control of schools. In the area I represented as a councillor, when parents were up in arms about proposals to close our primary schools, the local education authority was in no position to fight such proposals or to act as a guardian for our local schools, because there is no genuine control by the local authority over education. The surplus places legislation and the Ofsted framework come down from central Government. It is a fallacy that parents are continuously engaged with their LEA about the structure of education in their area. The theory might look and sound good, but the reality is different.
The Bill gives parents a choice—I limit my comments here to maintained schools that become academy schools—to vote with their feet. The hon. Member for Southport (Dr Pugh) wants parents to vote in some form, and I suggest that providing a range of different education facilities in an area enables parents to decide not with a tick in a box but with their feet.
My concerns about new clause 1 echo many of those put forward by my hon. Friend the Member for Crewe and Nantwich (Mr Timpson). We might end up with the strange situation in which 10% of parents are continually unhappy with the governance arrangements and go back for a second, third or fourth bite at the cherry. That is the problem with a 10% threshold, or a 30%, 40% or 49.9% threshold—
Andrew Percy
I am pleased that the hon. Gentleman has come round to the idea of having a 55% rule in certain circumstances.
With the ballots proposal, the risk is that we end up with vexatious and frivolous requests for ballots.
Caroline Lucas
The hon. Gentleman’s points underline the fact that we do not have time to discuss the amendments properly. He focuses not on the principle of providing some way for academies to revert to maintained status, but on whether the threshold should be 10% and whether there will be vexatious uses. It is not beyond the wit of mankind to devise ways of further amending the proposal to ensure that it is not put to vexatious use. Will he focus on the principle of the amendment, and say whether he agrees with it?
Andrew Percy
As someone who has been a teacher, I hope that governing bodies will have a way not only to move in one direction but, potentially, to move back.
Dan Rogerson
I agree with the hon. Gentleman that such mechanisms are important, but would he be satisfied with the current provision that at the end of seven years, if the agreement is not renewed, the school would revert to maintained status?
Andrew Percy
My hon. Friend has, I hope, allayed some of the fears of the hon. Member for Brighton, Pavilion (Caroline Lucas). Should the measures not succeed, or should the school not be happy with the position, the Bill would provide a route back.
We should trust governing bodies and governors to do their job. They are dedicated people, education professionals, well-intentioned parents, and well-intentioned people from local communities. They will not steamroller ahead against the wishes of parents and the wider community. They will take on board seriously the views and aspirations of local people. The weakness of not having a range of education provision is that we deny parents and pupils a choice over the curriculum that they want to follow. We end up with parents choosing between school A and school B, which are identical. There is nothing wrong with some competition, with giving parents the choice and with allowing them to vote with their feet. I urge the Committee to vote against the amendments.
Lisa Nandy
I want to speak particularly to my amendment 86, which is a probing amendment designed to understand the Government’s reasons for not including in the Bill consultation with key groups, including the wider community, prior to a school seeking academy status.
Previously, when maintained schools converted to academies, the local authority was obliged to consult widely. Although there was no legal requirement for public consultation where a new academy was to be established, the local authority at least had to be consulted. I am worried that that is not being replicated in the Bill. Despite some progress, the current wording on consultation is inadequate, requiring consultation only with
“such persons as they think appropriate”.
It is of the utmost importance that parents, pupils, staff and the local authority are consulted.
We have already talked a little about the importance of consulting children. I want also to draw attention to the United Nations convention on the rights of the child, which successive Governments have supported, and which sets the standard by which we expect children to be treated in this country. Part of that is about talking to children and listening to their views on matters that affect them. Few matters could affect children more than that currently under consideration by the Committee.
The changes will impact on all the groups to which I have referred, including the wider community, children who are not currently at school, children who are going on to school, and children who are at other schools. I will not rehearse the arguments that were advanced on Second Reading, but it is important to consider those in the context of the amendments.
The Government have said that they are committed to giving parents a greater voice. The National Governors Association has said that, in that case, it would like to see consultation with parents as part of that principle. I reiterate the point I made earlier that governors have a strong duty to put the children in their school first. I would like a provision for prior consultation with the wider community to be included in the Bill. That would mean that, before taking the decision to seek academy status, the governors were in command of the full facts. That cannot be controversial, and I cannot understand why the provision is not in the Bill.
Several groups have raised the concern with me that the wording of the Bill is so broad as to leave governing bodies open to legal action should they not carry out consultation with groups in a way that is considered proper. Will the Minister consider that in his response, as I would hate to see that happening to governing bodies? As a school governor, I would find it extremely worrying to find my school in that position.
Lisa Nandy
That brings me to a point that was raised with me by the TUC. The Government’s concept of the big society appears to feature the involvement of more and more people in the services that they own as members of the community, but this proposal, like some of the other measures that have been pushed through, seems to be directly at odds with that principle.
Andrew Percy
Would the hon. Lady care to comment on the previous Government’s conversion of schools to academies, and their school closures? Does she believe that there was proper consultation with parents and pupils then, and does she feel that there should have been ballots?
Lisa Nandy
I believe that we can always do better when it comes to consultation, but I also believe that the standard being set in the Committee today marks an extraordinarily low point in the history of consultation. I think that we should move on from what was done by the previous Government, and ensure that there is more consultation, not less.
Let me emphasise to the Minister that schools are at the heart of their local communities. If there is no consultation with the people who will be affected by the Bill, schools will drive a wedge between themselves and their communities, and I believe that we have an obligation to prevent that from happening. My amendment seeks to establish why the Government do not wish to ensure that the views of the community inform the decisions of schools. I should be grateful if the Minister could answer that question.
Andrew Percy
I agree with the shadow Minister that there should always be a way back, but I fail to understand the following fact. When his party were in government, there were plenty of forced mergers and forced school closures through the transforming our primary schools programme and the surplus places legislation. There were thousands of names on petitions against irreversible school closures. Where were the democracy and localism in those decisions?
Vernon Coaker
There are two points. I shall come back to the local point in the moment, but all the way through these discussions—the hon. Gentleman, to his credit, has been in the Chamber for many hours of the debate on the Bill—I have pointed out significant and substantial differences between the academies programme pursued under the last Government and the academies programme and model proposed by the Bill. Our model concentrated on areas of educational underperformance and social disadvantage. That was the key driver for the use of the academy model. The Bill turns that on its head and says we will allow schools that are doing well under the current system to become academies, with all the worries and concerns that have arisen.
I know that the hon. Gentleman has been involved in this area and has worked hard in his constituency on the issue of school reorganisation. However, in virtually every circumstance in which academies have been agreed—that includes the 200 that were agreed and the number that were to go forward in September with secondary school reorganisation attached to educational transformation—the local authorities were key partners in those decisions. Some of those decisions were difficult. We have not tabled the amendments to say that any of this is easy, that there is a panacea or that someone can wave a magic wand to bring about school reorganisation in way that is never controversial or painful. We are saying that under our model, local authorities and local partners were specifically included. There were still difficulties, and sometimes tough decisions had to be made, but local authorities and local decision makers were involved. The way that the Bill is drafted specifically excludes those people from being involved other than in the way that a wish list of good practice would say that they should be involved.
Andrew Percy
I am failing to get my head round the arguments of Opposition Members. There was plenty of consultation—admittedly under the previous Government—on Building Schools for the Future and on transforming our primary school agenda, and it threw up thousands of names on petitions from parents who did not want their schools closed, yet their schools were still closed. Where was the consultation? The failings the hon. Gentleman is outlining are exactly those that took place under the last Government.
Bill Esterson
Consultation is not a referendum; it will not necessarily produce the answer that the majority are pushing for, but there is a fundamental difference between holding a consultation and not holding one at all. The problem with the Bill is that unless the governing body agrees, there will be no consultation at all.
Andrew Percy
I think I heard the hon. Gentleman correctly and that he was saying that the Opposition are arguing that they want consultation simply so that they can say they have had it, but they are not all that bothered about the outcome.
Andrew Percy
I was not planning to speak on Third Reading, but I want to respond to a couple of points made by the shadow Secretary of State, particularly relating to Labour Members’ concerns about special educational needs and inclusion. We should always use temperate language, and although debate on the Bill has been interesting and measured on both sides of the House, the extreme language used—we heard some recently from the hon. Member for Hampstead and Kilburn (Glenda Jackson)—about social division, apartheid and exclusion has been incredibly unfortunate. As the Bill has progressed, we have received assurances from Ministers about the content of funding agreements with regard to social inclusion and SEN. It is incorrect to suggest that only Labour Members are interested in those issues. Many Members have raised concerns and received assurances from Ministers.
The Bill has been improved in another place, and welcome assurances have been received from Ministers. Ultimately, we should accept that parents will be given a choice, and it is for parents and governors to take the Bill forward and make what they can of it. The suggestion that schools will, in some way, do something bad for their community is a nonsense.
Question put, That the Bill be now read the Third time.
The House divided: Ayes 317, Noes 225.