Schools Bill [HL]

Baroness Brinton Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, I remind the Committee that the noble Baroness, Lady Brinton, is taking part remotely. I now invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I start by apologising to noble Lords who have their names against amendments and clause stand part notices in this group. The rules for remote contributions mean that I am always called after the mover of the first amendment in the group; I would have wanted to hear other expert contributions before speaking.

Amendments 39A and 39B in the name of the noble Lord, Lord Knight, make it absolutely plain that the Secretary of State’s powers should be used only when an Ofsted inspection has made it clear that there are issues. Amendment 39C in the name of the noble Lord, Lord Mendelsohn, asks for further qualification to inform a Secretary of State’s intervention decision on the replacement of directors or trustees, which include those who pose

“a risk to the duty of the institution”.

I hope that this would also include those who do not respond to safeguarding concerns. The detail of this comes to the nub of the issue that we have faced in our day and a half of Committee so far: exactly how the Bill will work in practice.

Turning to the 14 clause stand part notices in this group for Clauses 5 to 18, I hope that, after our debates so far in Committee, the Minister is in no doubt about the concern right across the House, including from all the former Education Ministers present, about the first part of the Bill on academies. The noble Lords, Lord Baker, Lord Nash and Lord Agnew, have made it absolutely plain in our debates today and last week that this Bill, especially this part of it, is not fit for purpose and that it would be sensible to delay until more detail can be provided to Parliament, the education sector and parents.

Normally, when a major change in the structure of our entire education system occurs, there has been broad consultation with the public, schools and the bodies that deliver educational services to education directly. That just has not happened here. It is evident that your Lordships’ House remains concerned that this part has not been thought through in the detail needed. All schools that are funded through the public purse becoming academies, bringing virtually all schools under the direction of the Secretary of State, is one such major change.

That brings us to the other conflicting issue to which noble Lords have referred in almost every debate on each grouping: the Henry VIII powers that the Secretary of State will take on in the Bill; again, without wider consultation or understanding of the implications. I want to focus on the latter point for a second. Page 55 of the White Paper, Opportunity for All: Strong Schools with Great Teachers for Your Child, sets out the standards, regulation and intervention from the department’s perspective. Given the debates we have had, the White Paper is remarkably coy about the powers of the Secretary of State. In fact, according to the schedule on page 55 of the White Paper, the Secretary of State’s only role is to sign new funding agreements and amend them “for material changes”. Intervening in schools is listed as happening by the regions group, on sufficiency, admissions, safeguarding, attendance and ensuring quality; whereas the Bill appears to give decisions over these powers directly to the Secretary of State. So, what is on the face of the Bill sets out neither a strategic framework nor the detail of how it will work in practice; it also contradicts the White Paper.

This reflects the difficult debate that we are having at the moment. My noble friend Lady Garden of Frognal said during our debate on the first group of amendments that there should be delays in the progress of the Bill until some of these matters are clarified and put out for consultation. Other noble Lords have said the same; they are right. As more and more issues and concerns emerge, grouping by grouping, it is not right to proceed until they are discussed and then consulted on with the wider public.

As the noble Lords, Lord Agnew and Lord Nash, made clear in our debate last Wednesday, the Academies Minister has already had to take a large number of decisions in relation to schools that are not maintained. Some of us argue that this results in a closed and untransparent system that is particularly opaque for parents, their children and their communities when key and serious decisions need to be made about their local school. It now appears that these powers, given to the Secretary of State but with a recommendation presumably to be made by the relevant Academies Minister, will apply to all 20,000 publicly funded schools once the Bill has gone through. How on earth will this work in practice? Also, how will it be publicly accountable to the parents and communities that these academies will serve? Can a junior Minister manage this workload or will the practicalities of it mean that it will be made by invisible and unaccountable civil servants?

In the Clause 3 stand part debate earlier, the Minister said that the Government will always consult the sector, but I did not hear anything about consulting parents and communities on changes to their local schools. I hope that the Minister can provide some answers or a timetable for your Lordships’ House as to when our many questions can be answered in detail and then debated properly; otherwise, we must delay the next stage of the Bill until we know and understand more about what the Government are trying to achieve through it.

[Lord Baker of Dorking (Con)]

My Lords, I agree with everything that the noble Baroness said; I congratulate her on saying it.

May I express the hope, which I think is in the interests of many people, that we might finish these clause stand part debates before the dinner hour? Every morning, as I leave my apartment to come to the House of Lords, my wife waves me away with the comment, “Don’t speak too much.” So I do not expect to elaborate again all the points that the noble Lord, Lord Knight, made. In fact, I do not intend to move my stand part notices for Clauses 8 to 14 at all because they use exactly corresponding words in the funding agreements. Clauses 16 to 18 are exactly the same; I do not intend to move my amendments on them in order to accelerate the movement of the House.

I will say a just few words on Clause 5, which gives the Secretary of State the power to give directions rather than advice. The noble Baroness, Lady Morris, and I did not have that power. I would not seek it. No Minister has had it since 1870. I do not believe that it is right for Ministers to interfere with the actual management of schools at the local level.

Clause 6 gives the Secretary of State the right to get involved in schools’ financial matters and the running of schools. Again, I do not believe that that is the right function for the Secretary of State.

Clause 7 is a significant clause because it is the one that allows the Secretary of State to appoint a new board, governor and governing body. Ministers have never had this power. In fact, the noble Lords, Lord Agnew and Lord Nash, operated the whole problem of failing schools very effectively by using funding agreements. I recommend that their practice should continue, and that this measure should not be attempted in the Bill.

That is all I have to say. I hope that we will be able to proceed quite quickly.