Academies Bill [Lords]

Caroline Lucas Excerpts

Monday 26th July 2010 Commons Chamber

[Dr Pugh]

I am arguing simply that we should be at least as permissive as Baroness Thatcher was in 1988. My hon. Friend argues that we should be more permissive, but the Government are arguing, and anyone who votes against my amendment will clearly be convinced by that argument, that we should be less permissive.

Amendment 9 would delete the words “an Academy order, or”, the effect of which would be to ensure that consultation on academy status would have to occur prior to the order being made. It is good common sense and, in essence, it is supported by the Chair of the Education Committee. As he said on Second Reading:

“The Government’s concession in clause 5 at least makes governing bodies consult those whom they deem appropriate, but it is blunted by the fact that they do not have to do so prior to applying to the Secretary of State and because they can do so even after they have been issued with an academy order. Those consulted in such circumstances would have good grounds for feeling that they were participating in a charade.”—[Official Report, 19 July 2010; Vol. 514, c. 49.]

I do not think that it is our business in this place to encourage charades.

I am aware that, from time to time, it suits Members to parody, simplify and stereotype their opponents. The last Government are characteristically portrayed by the current Government as an unmitigated disaster and, in return, Labour Members portray the Government as an unmitigated evil. If people want to live in a world of hyperbole, that is fine—if a little wearisome—but let us conduct a simple thought experiment. Let us imagine a Government—any Government—different from ours, who propose to allow a public institution to change its character. They agree that the institution must consult people about the change, but they allow consultation only after the irreversible change has happened. Would Members back such a Government? Would they applaud them? What would be the point of consultation? What would that process do for public cynicism about public service consultation—already significantly eroded by the pseudo and sham consultations organised by the previous Government? But on the coalition side of the Chamber, how many quotes—showing our previous attacks, time and again, on sham consultation—do we want dragged up and used against us? At least those consultations did not take place after the event. Why do we want to invite comparison with the twisted politics of a communist plebiscite?

Is the only reason why we support the provision that the Government are proposing it? I notice that no one has said that post-hoc consultation is a cracking idea. It cannot be a case of “my Government right or wrong”. That is not a good basis for a working democracy. It will not help the Government if we vote for indefensible nonsense. It will not help the Government if we vote, but compromise our beliefs in the process. Inconsistency and duff arguments will not help the coalition in the long or short term.

Amendment 10 is genuinely probing. It makes the obvious and, for me, slightly unkind point that the last time schools were given greater financial freedoms under local financial management, which I have always supported, nearly every governing body was presented with a paper from the headmaster showing that his salary should go up because the headmaster down the road would be getting a significant increase. We saw salary inflation across the headmaster class, so headmasters may have something to look forward to from new academy status. Of course, they may not think in those terms, and I am sure that the majority do not, but the point is pretty obvious to all of us—imagine asking MPs to consult on a change that might possibly result in improved salaries. The concept of declaration of interest has some relevance in these provisions, so it is important that consultation is led by those who have none.

I acknowledge that I have not shown a lot of enthusiasm for the Bill, but despite that and despite my doubts as to its cost and effects, I am not seeking to derail it. I do not wish to cause trouble. Free schools and academies are in the coalition agreement. All I hope I have done is to make a case for good sense, which I think most people are up for, the primacy of the Commons Chamber, which I think most of us support, and the right of parents to be taken seriously. I hope rational beings on both sides of the Committee will see their way to supporting the amendment.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I want to speak to new clause 1, on the reversion of academies to maintained status, and amendment 4, on consultation on conversion to an academy. I shall concentrate the majority of my remarks on new clause 1, and will speak only briefly to amendment 4, as consultation has been pretty much covered in our previous debates.

I tabled new clause 1 because there is no provision in the Bill for academies to revert to maintained status. That means that all the potential problems that the Bill would permit—such as restrictive curriculum, discriminatory admissions and employment policies—would be made permanent at the point of conversion. The Government admit that problems are likely. I have cited this before, but it bears repeating that the Minister responding for the Government in a debate in the other place stated:

“I fully accept that if you trust people things do go wrong, but that is the direction that we want to try to go in.”—[Official Report, House of Lords, 7 July 2010; Vol. 720, c. 299.]

It beggars belief that the Government would not want to guard against certain things going wrong, so is it really necessary to give schools complete freedom over admissions, curriculum and employment just to show that the dedicated people running our schools are trusted? I would argue not. The public are funding these schools, so on their behalf we must ensure that children are protected from indoctrination, that they are taught key subjects and that their staff are fairly treated. But given the Bill’s failure to make proper consultation mandatory when schools convert to academy status, it is crucial to have a mechanism for parents to say that they want their schools to revert to maintained status if, as an academy, things do go wrong.

The Government want academies to be like private schools funded by the state, yet if things go wrong at a private school, parents have more recourse than parents of children at an academy as envisaged in the Bill. For example, if a private school behaves in a way that a parent does not like, the parent can stop paying the fees, withdraw their child or pay for their child to go somewhere else. There is no comparable control in the Bill for parents of children in academies. For example, it may well not be practical or possible for there to be the surplus capacity necessary for children to be pulled out of one academy and be sent to the next state-funded school of choice.

If parents see things going wrong in schools and believe that the Government’s complete trust has been misplaced, surely they should be able to do something about it. The amendment is designed to provide a remedy to parents as a group—if, for example, an academy failed to teach key subjects or sought to impose religious beliefs on pupils. The amendment means that where 10% of the parents of pupils at an academy request it, the governing body must make arrangements for the holding of a ballot of parents to determine whether they want the academy to be converted back into a maintained school. If the Government are in favour of decentralising, as they constantly say they are with their big society rhetoric, why do they not want to let parents have the power to act if they decide that an academy is not better and if they want the school to go back to being a maintained school?

[Mr Edward Timpson (Crewe and Nantwich) (Con)]

On the practical aspects of the amendment, as opposed to the principle that the hon. Lady has already articulated, will she explain why she arrived at the 10% figure as a threshold before a ballot is triggered? As to the ballot itself, once the mechanism is in place, what majority would apply to the ballot—50% or more—before academy status could be withdrawn?

[Caroline Lucas]

I am grateful that the hon. Gentleman takes the amendment sufficiently seriously to want to know such a level of detail, which is very encouraging. It seemed to me that 10% was a reasonable threshold, but I would be delighted to discuss the issue in more detail with other Members who might want a slightly higher threshold—I would not have thought we would want to make it lower— and I am equally open to suggestions as to the necessary majority. Perhaps a simple majority would not be enough and a two thirds majority might be better. At the moment, however, I am using the amendment to set out a basic principle.

[Vernon Coaker (Gedling) (Lab)]

I think that the hon. Lady’s amendment puts forward a good point. However, does not the intervention from the hon. Member for Crewe and Nantwich (Mr Timpson) highlight the problem with the process that we have to go through in that the hon. Lady could have the most brilliant idea ever and be like Cicero in presenting it, but it would make no difference at all because there is no Report stage for the Government to consider her point and table appropriate amendments?

[Caroline Lucas]

I am very grateful to the hon. Gentleman for coming to the rescue. That was an exceedingly good point, which completely reinforces the fact that we are being forced to rush the Bill through at breakneck speed for no better reason than, presumably, the Secretary of State wanting to put a notch up and say that he has managed to achieve something before September. That is not a good way to make decisions. We should be going through the Bill line by line, making proposals and hearing the Government’s response so that we are able to create the best possible legislation. We are being railroaded into a charade that is not designed to get the best piece of legislation on to the statute book, and that is what we should be getting.

--- Later in debate ---

[Mr John Redwood (Wokingham) (Con)]

It was a pleasure to hear the hon. Member for Southport (Dr Pugh) looking back with such fond nostalgia to those democratic, halcyon days of the Baroness Thatcher of Kesteven. I did not know that he cared quite as much, but it was a wonderful trip down memory lane. I have a lot of sympathy with the hon. Gentleman in usually favouring democratic solutions and thinking that consultation is good and voting better, but sometimes the best can be the enemy of the good. What we have from Ministers is the opportunity for schools that so wish to obtain greater freedom to serve their pupils, parents and the wider community by having more to spend of the money that is properly theirs in the educational budget, and greater freedom to decide who they employ and how, and what they do in the classroom.

The Bill does not, as the hon. Member for Brighton, Pavilion (Caroline Lucas) suggests, set up some kind of complete freedom, whereby iconoclasts can seize control of a school and ignore all kinds of standards and requirements; those schools will still be within the state sector, monitored and regulated, and they will still need to achieve standards. There will be a great deal of interest from the local community, but there will still be the national regulatory scheme, too, so the hon. Lady was just trying to shock the Committee and is not living in the real world.

[Caroline Lucas]

Is it not the case that, if one gives academies the right to choose their own curriculum and opt out in so many respects from the local authority, one is giving them exactly those freedoms? I do not think that anything that I have said is designed to shock; my remarks exactly reflect the Bill. It will give academies incredible freedoms that other schools do not enjoy, and it will have huge ramifications for the rest of the local authority, as academies drain resources from it and from other schools. That is why consultation is so important.

[Mr Redwood]

That is a completely different argument from the one that the hon. Lady made in her speech, in which she said that these schools would be free of all checks, balances, regulation, inspection and control, and that they would go wrong. She seemed to be implying that we were giving schools the freedom to do badly. That is a particularly fatuous argument, because parents have considerable influence through governors and through their own voice, and they would take a great deal of interest. The number of pupils applying to go to the school would drop off very rapidly if the kind of disaster that she envisaged in her remarks came true, so I do not see that happening. I think that a combination of national regulation, the framework of law and local pressure would, on the whole, be benign.

Now the hon. Lady is arguing a rather different case—that these academies are going to be so successful, because they have all these excellent freedoms, that they will attract more and more people from the local community at the expense of the other schools in the area. I wish it were so. I do not think they will be that successful and take all the pupils from the local area, but if they are very good, I welcome the fact that more people will want to send their children there. That is a benign pressure to place on the other schools in the local area. It may be, however, that some of the more traditionally maintained schools act as the beacon that she would like to see.

[Caroline Lucas]

To clarify my point, I am talking about the fact that these schools will drain resources away from other schools. That is already happening in my constituency with the existing academies established under the previous Government, and it will happen even more under the new Government’s proposals. I am talking about resources coming out of other schools because academies will essentially outsource things such as special educational needs provision and other co-ordinating methods that were usually undertaken by the local authority. That means that the local authority will have less money to perform those same roles.

[Mr Redwood]

The main mechanism by which academies could take more of the money would be by their being extremely popular and attracting more pupils, because most of the money follows the pupils. That is a thoroughly benign pressure. If these academies are going to take off and develop extremely good standards and reputations, they will attract more pupils and get more money, which they will need because they are teaching more pupils, and the other schools will need to pull their socks up. If the outcome is not as successful as that, the hon. Lady’s worries should fall away. Surely she must accept, however, that we need some challenge and improvement in the system, and that there is nothing wrong with choice.

Why is it that someone like the hon. Lady does not trust anybody other than the state and is never prepared to give anybody any freedom to initiate, innovate, change and improve? Cannot she see that we desperately need to raise school standards, and that we need to do something to try to make that happen? Her system was tried for 13 years, and it did not work.

--- Later in debate ---

[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.

--- Later in debate ---

[Mr Gibb]

I am grateful to the shadow Minister for that remark. He clearly takes the issue very seriously and has scrutinised the Bill thoroughly. It is a pleasure to debate the measure with him.

[Caroline Lucas]

At the risk of being churlish, why is the democracy such an issue? The point was made that if you were to—[Hon. Members: “He”]—if he were to have a proper election, it would—I am sorry. A moment ago, the Minister said that if you were to increase the governors—

[Mr Gibb]

I think I have taken the hon. Lady’s point. Requiring a ballot of all parents of pupils at the school would unduly politicise the process and would enable those who are ideologically opposed to academies—I do not accuse the hon. Lady of that—to use the process either to agitate against the proposals or to try to delay the implementation of the decision. That would place unnecessary burdens on the governing body of the school.

Amendment 10 relates to the financial interest of governors. I reassure the Committee that there are restrictions on people taking part in the proceedings of governing bodies of maintained schools. They are clearly set out in the well-known School Governance (Procedures) (England) Regulations 2003, which provide that where there is a conflict between the interests of any governor, associate member or head teacher and the interests of the governing body that person must disclose the interest, withdraw from the meeting and not vote. If one of those individuals has a financial interest in any matter, he or she must disclose it, withdraw from the meeting and not vote. If there is any dispute as to whether a person must withdraw, the other governors must decide on the matter.

There are important safeguards that apply both before and after conversion to academy status. They mean that there is no need for an amendment specifically to disallow a governor from leading the consultation, as under existing law governors cannot participate in decision making on issues that concern their remuneration or benefit. That is a fundamental principle of charity law, and all academies are charities. I can also confirm that the model articles of association ensure that no governor can make any financial gain in his or her role as a governor.