Wednesday 11th May 2011

(13 years, 7 months ago)

Commons Chamber
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Lord Field of Birkenhead Portrait Mr Field
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For the simple reason that the average payment that we get from taxpayers to educate would be less than the marginal cost that the school might wish to charge us for allowing pupils to attend it. Its costs would be covered, we would make a profit and we would be doing what we would wish for the small number of our scholars who might want to move into a public school.

Let me emphasise that such a reform is not just about changing institutions and breaking down the terrible, crippling divide in this country between public schools and state schools. The new clause is an attempt to begin a reform that would allow us to spend our budget in the best way possible to give the greatest advantages and life chances to pupils, whoever they are. It is not the only option we wish to develop; we will not be prevented from developing the others and we will develop them. In this area, however, there is some doubt about what the law says.

Dan Rogerson Portrait Dan Rogerson (North Cornwall) (LD)
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First, I hasten to clarify that it is not the coalition agreement that is under renegotiation. There are many matters outside the coalition agreement that arise, which the two parties will need to deal with.

An interesting question occurs to me about funding levels per pupil across the country, which vary greatly. Has the right hon. Gentleman considered that variation in comparing the costs of local independent schools? Pupils in some parts of the country would have less resource going to them than is currently the case in a London borough, for example, where they are very well funded.

Lord Field of Birkenhead Portrait Mr Field
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I was doing the calculations without the pupil premium, which is a terrifically important innovation. I understand the difference between the marginal cost in the north-west compared with going to Eton. I do not have any wish for those pupils to go to Eton, although I have nothing against Eton or the education it produces.

As I have said, this is a probing amendment; we hope to bring back the new clause in another place. I hope that the Minister understands that whatever we in Birkenhead decide—we have made no decisions about this as governors yet—we want to know the range of possibilities that we could develop for our young pupils at the academy school. This new clause is not going to go away. This is where the debate is going and the Government have a choice between joining us or opposing us until they have to give way. On that happy note, I have said what I want to say about this probing new clause, which we will try to push more seriously in the other place.

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All I want to say on this group of amendments is that if anyone rolls back the admissions code from being a fair code to which people have to pay attention, and if we weaken the link so that the schools adjudicator cannot get involved, make an inquiry and put things right, we will take a dramatic step backwards in the education of this country.
Dan Rogerson Portrait Dan Rogerson
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I am pleased that Labour Members have raised some of these issues, because it is right that we explore them in detail and in depth. We began to do that in Committee and it is right that we continue the process. Given the time available today, I am sure that those in another place will continue the exploration.

It is important for us, as legislators, to examine what the Government are trying to do, which is free up schools to get on with providing the best education that they can. At the risk of boring those who were present at the discussions, I can tell the House that we had an extensive debate in Committee about the level of trust among different members of the Committee for those involved in education, be it head teachers or teachers, and about the extent to which the state or local authorities ought to step in and not trust them to exercise the powers and freedoms available to them.

We have to examine the evidence. I absolutely accept that some of the charities to which the right hon. Member for Leigh (Andy Burnham) referred have concerns and have discussed potential scenarios. However, we are dealing with hypothetical situations and although I very much respect what the former Chair of the Select Committee had to say—

Pat Glass Portrait Pat Glass (North West Durham) (Lab)
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Will the hon. Gentleman give way?

Dan Rogerson Portrait Dan Rogerson
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Gladly.

Pat Glass Portrait Pat Glass
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I am grateful to the hon. Gentleman, who was a fellow member of the Public Bill Committee. I can remember saying to the Secretary of State that he would get the benefit of my experience and that at the end of the six weeks of the Public Bill Committee he would be sick to death of the benefit of my experience. I do not accept that these are theoretical cases. I have 25 years’ experience in education, many of them in dealing with admissions. Time and again, very good head teachers—nice people—did things that I thought, and which parents thought, were completely unacceptable. They did so because they were driven down the route of targets, obtaining a certain numbers of GCSEs and so on. One hon. Member on the Government Benches said that good people can do bad things and that does happen. It is our most vulnerable children—children with special educational needs, looked-after children and children on free school meals—who will suffer and their parents who will lose out if this code is simplified.

Dan Rogerson Portrait Dan Rogerson
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The point that the right hon. Member for Leigh raised is that we do not have the code in front of us, and so the hon. Lady is raising the issues that she fears may result. We will have to wait and see the code and examine it then.

Barry Sheerman Portrait Mr Sheerman
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My hon. Friend the Member for North West Durham (Pat Glass) was actually making the point that she thought she heard the hon. Gentleman say that this was theoretical. May I disclose a secret to him? I was the parliamentary church warden here for seven years and I am a lay canon at Wakefield and what amazed me in the evidence was that Church schools—schools that I thought would have been bending over backwards to look after the poorest children and those from deprived backgrounds—were the best at excluding those children. I am saying that as someone who is relatively active in the Church.

Dan Rogerson Portrait Dan Rogerson
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I welcome that contribution and the hon. Gentleman has been very forthright in raising the issues that he has mentioned. I am sorry to see that the hon. Member for North West Durham (Pat Glass) has had some misfortune in hurting her arm and I am pleased, of course, that it has not restricted her ability to be present and to put forward her views, which she does forthrightly and in a well-informed way on all education issues. What I was trying to say in response to her is that the key to what the Government are trying to do, not just with the admissions code but with some of the bodies and partnerships in which schools have hitherto been forced to participate, which we have discussed before, will be to trust schools to take decisions. We will still have a schools adjudicator and we will still have a code that will cover such matters. The question is where we should strike the balance. The Opposition clearly feel that the Government are getting it wrong, but I want to see the code. It is unfortunate that we did not have it before this debate, but we will be able to examine it when it comes. I shall give the Government the benefit of the doubt that we are striking the right balance.

Andy Burnham Portrait Andy Burnham
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I am disappointed that the hon. Gentleman is giving the Government the benefit of the doubt and I am sorry to hear him sound like a spokesman for the Government today. Let me ask him a specific question: on admissions, does he think that the Bill as it stands is consistent with the policy passed at last year’s Liberal Democrat conference?

Dan Rogerson Portrait Dan Rogerson
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A number of issues in the policy were passed at the last conference. As a keen student of what goes on at the Liberal Democrat conference, the right hon. Gentleman might perhaps have heard the speech I made there and will have been interested to hear what we had to say.

The question for me on a range of issues concerns where the balance is struck. I am happy, as I say, to give the Government the benefit of the doubt. However, on the question of sticking to key principles, I have a personal philosophical disagreement with the new clause tabled by the hon. Member for Altrincham and Sale West (Mr Brady). I accept that he speaks a great deal about issues arising in areas of the country that have a selective system and that he feels passionately about that. I should possibly have discussed this with my wife before I mentioned it, because she was educated early on in a selective system in Kent and later moved to Cornwall. When she was in Kent, she was not in a grammar school, and in Cornwall she was in the comprehensive system. She went on to get her A-levels, qualified to become a teacher and has taught very effectively. I question whether, if she had remained in the selective set-up—again, this is hypothetical—she would have had the encouragement and support to go on and become a teacher. I have some questions about the effectiveness of the selective system for all pupils, although some prosper very well within it.

I welcome the Government’s commitment not to expand selection and so I hope that those on the Front Bench will resist the hon. Gentleman’s new clause. As far as I am concerned, it is a way of bringing in more selective schools funded by the state. The point I wanted to make when Opposition Members were seeking to talk about their ideological purity is that that new clause is signed by some Members from the party of the right hon. Member for Leigh but by no one from my party.

Kevin Brennan Portrait Kevin Brennan
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I can understand why the hon. Gentleman feels that he is required to support measures in the coalition agreement, but where in the coalition agreement does it say that the Government will weaken and water down the powers of the schools adjudicator and make fair admissions less available to children from all sorts of backgrounds? Why on earth does he not show some muscular liberalism and stand up for those people?

Dan Rogerson Portrait Dan Rogerson
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I am delighted that this concept of muscular liberalism has come back. I am sure that we will not hear it very often from Opposition Members! I look forward to its being raised again and again.

Iain Wright Portrait Mr Iain Wright
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Flabby liberalism.

Dan Rogerson Portrait Dan Rogerson
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That is a personal remark—I resemble that remark.

As I said in an intervention on the right hon. Member for Birkenhead (Mr Field), there are matters across government that go beyond the coalition agreement, and decisions have to be taken about where the balance should be struck. From my point of view, the issue is whether we stay true to the principle that both parties have articulated about looking at what is constraining schools and trying to set them free to move forward, while also looking after particular groups of people who might be vulnerable if schools do not operate in the spirit of the code and what the Government seek to achieve.

Graham Stuart Portrait Mr Graham Stuart
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Going back to an earlier point, this is all about the incentives that apply to schools. The head teachers at the Church schools that the hon. Member for Huddersfield (Mr Sheerman) mentioned are not bad, but people respond to the incentives they are given. Although I am not positive about all the moves the Government are making—I have doubts about the English baccalaureate—things are moving forward with the measurement of pupil premium and children on free school meals. If we can move to a system that better rewards and reflects in the accountability measures for schools the performance of every child, we will not need to have this suspicion about every head teacher. Heads have responded in the way they have because of the incentives that were created by the previous Government, which led to this large, unwieldy system. [Interruption.] I should be fair: I am talking about successive Governments. We need to come up with a measure collectively that will improve that: then we will not need a schools adjudicator, because schools will simply have a mission to educate their local children and will be supported and rewarded for doing a good job for all of them.

Dan Rogerson Portrait Dan Rogerson
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I welcome that intervention from the Chair of the Select Committee on Education, which will be providing more evidence over the next few years as we continue this debate. He makes an important point about the incentives that have pushed head teachers into operating in a particular way that was not envisaged when targets and regimes were set up. As the hon. Member for North West Durham said, good people occasionally do things that are less good or bad. Why do they do that if they are essentially good people who want to look after the educational opportunities of all those in the community they serve? It is because incentives are acting on them and pressing them down a particular course of action. We need to tackle those issues.

Damian Hinds Portrait Damian Hinds
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Church schools have come up two or three times now and there seems to be some assumption that it is endemic in denominational schools, which means predominantly Catholic and Anglican schools, somehow to try to get around the code. Is the hon. Gentleman aware that when the chief schools adjudicator came before the Select Committee, he accepted—indeed, volunteered—that problems in Church schools had been greatly exaggerated in the media coverage of his most recent report?

Dan Rogerson Portrait Dan Rogerson
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It is important to base things on evidence. I went to a Church primary school and my two elder children go to that school. In an area such as Cornwall, which is not one of the most diverse culturally, I welcome the fact that because it is a Catholic school it is attended by Polish, Portuguese and Filipino children, so it has quite an inclusive and diverse mix in what is a fairly white or monocultural area. I say monocultural, because we could otherwise get into an English-Cornish debate. Certainly, in my area there are not the opportunities to engage with as diverse a population as in other parts of the country. However, I am straying a little far from the amendments, Mr Deputy Speaker, so I shall conclude.

I hope that the Government will resist the new clause tabled by the hon. Member for Altrincham and Sale West, because they have a commitment not to expand selection and in my view his new clause would allow the expansion of selection.

Stella Creasy Portrait Stella Creasy (Walthamstow) (Lab/Co-op)
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I rise to speak in support of amendment 40. I speak also on behalf of several of my hon. Friends who believe the Bill should not pass without some extremely important debate on its implications for children with special educational needs, particularly in the light of the—I do not think that muscular is the right word, so I shall say pre-gym—Green Paper on SEN. I particularly want to discuss the amendments that would help us to ensure that there are some protections for such children.

The amendment is about not just entrance to school, but exit from school. Many of those working with children with special educational needs are gravely concerned that the changes introduced in the Bill will be disastrous for those young people as they are pushed out of the mainstream sector, lost to our systems of accountability and end up the worse for it. It is worth looking at the numbers of children involved before I move to what the amendment might offer and the questions that I would like the Minister to answer in his response.

We know that 6,500 pupils were permanently excluded last year, and that 300,000 children have faced fixed-term exclusions from secondary schools, a further 39,000 from primary schools and 15,000 from special schools. That is a huge number of children facing exclusion under the current system. Many of us have deep fears about the incentives in the new system. I take it that Ministers feel that they can trust professionals not to abuse the system, but Opposition Members consider it important to ensure that there are checks and balances; otherwise the number of exclusions will dramatically increase.