Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts

Wednesday 7th July 2010 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I rise very briefly to speak to Amendments 26 and 29. I agree with many of the points that were made by my noble friend Lord Whitty, especially in relation to September and the timing of the Bill.

We had a full discussion on consultation in Committee, and I recognise that the Minister was listening to the concern expressed about the serious hole in the Bill to do with the lack of consultation. As a result, he has tabled Amendment 30. This is an improvement but I believe that it is simply not enough. First, the consultation required is far too narrow. The amendment states that it is up to the governing body whom to consult. A governing body that is determined to become an academy could decide to undertake an absolutely minimal consultation, ignoring many parts of the school community and the wider community that should, and must, take a view. I have no doubt that it will consult parents and teachers, but it might not, in the interests of speed, consult the local authority or the local community.

Secondly, the amendment appears to suggest that the consultation could take place after an academy order has been made. That is far too late. Consultations must take place before an order is made. I agree with some of the points made by the noble Baroness. I listened carefully to the debate in Committee and I was much taken by the view expressed by the noble and learned Lord, Lord Mackay of Clashfern, that the consultation should be the responsibility of the Secretary of State. Our Amendment 26 would give the Secretary of State ultimate responsibility. It is also crafted in such a way that it answers the concerns of noble Lords, including my noble friend Lord Adonis, who expressed concerns about litigation.

Amendment 29 stipulates some of the bodies that we strongly believe should be consulted, and top of our list is the local authority. I recognise, of course, that current legislation does not address these issues. However, as I mentioned earlier, there is a vast difference between 200 academies and 2,000 academies and the potential impact on local school communities and the wider community. Consultation, especially consultation with local authorities, is a matter of due process. Local authorities are responsible for ensuring that a range of duties are complied with, and they are best placed to have a strategic view of education as a whole. They are also best placed to ensure that the system can cope effectively with demographic changes. All these things need to be considered in a consultation. In addition, I believe that education cannot be delivered in isolation from the wider range of local public services used by children and young people, many of which are currently commissioned by councils. It is right and proper that local councils should be consulted.

In my view, consultation is a key component of the success of any academy and is key to ensuring a balanced school community. I recognise that many noble Lords would not wish to specify in the Bill who should be consulted. I therefore urge them to support Amendment 26, which merely ensures that the Secretary of State can ensure that the appropriate consultation takes place.

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Moved by

[Baroness Royall of Blaisdon]

26: After Clause 3, insert the following new Clause—
“Consultation before Academy order
Before entering into Academy arrangements with any person the Secretary of State must satisfy himself that relevant interested parties have been consulted by that person.”

[Baroness Royall of Blaisdon]

My Lords, I am very grateful to the Minister for his clarification and to the noble and learned Lord, Lord Mackay of Clashfern, for further clarifying the issue.

I believe that the government amendment is too weak in that it does not deal with the timing properly. That is the most important thing. While I understand from what the noble and learned Lord says that it is not the end of the process, the consultation comes too late. It needs to take place at the beginning or just as the process has begun. That is a fatal flaw in the government amendment. I also believe that the consultation required is too narrow.

My noble friend Lord Adonis referred to foundation schools. I accept that in the past they have not had to consult when they changed their status. However, I think that there is a quantitative difference in the number of academies and the free schools that will become academies. We could be talking about thousands of schools. I think that consultation—

[Lord Greaves]

The amendment—

[Baroness Anelay of St Johns]

My Lords, procedure on Report does not permit such matters. Only questions for elucidation are permitted after the Minister has sat down.

[Baroness Royall of Blaisdon]

I am grateful to the noble Baroness. Essentially the government amendment is too weak. I beg to move Amendment 26.