Academies Bill [HL]

Earl of Listowel Excerpts

Wednesday 23rd June 2010 Lords Chamber

[Baroness Williams of Crosby]

My Lords, I shall speak to the amendments tabled by my noble friends Lady Garden and Lord Phillips of Sudbury and explain what is troubling me about academy orders.

Section 14 of the Education Act 2002 is incorporated into Clause 1(4), therefore enabling academies to be dealt with by what might be called the fast-track process of essentially calling into aid the powers given to the Secretary of State in that Act. The difference is that only very specific use was made of the power in Section 14; I do not think that it was intended to embrace a whole category of school in the way that will be possible under the Bill. My straightforward concern is that, where we are looking at the possibility of removing many statutory forms of consultation, virtually no restraint will be placed on the Secretary of State, as the noble Lord, Lord Hunt of Kings Heath, said, and that he will be accountable to no one but himself. The combination of Section 14—the powers of the Secretary of State—being incorporated into the Bill with the fast-tracking of the academy orders means that an academy could be approved, or for that matter rejected, with the involvement of virtually no one but the Secretary of State. Within a democratic structure, that is not an acceptable way to go.

We must therefore look very closely at the amendments that have been tabled. They would bring academies back into the structure of the academy agreement—my noble friend Lady Garden referred to this—which would enable us to set conditions and requirements for the schools that have to be met under the academy agreement but that do not have to be met in the same way under an academy order.

I, too, would be very grateful for greater enlightenment from the Minister on what accountability there is in mind. For example, it might be possible to look at the report from the education department on the experience of academies, their standards, their meeting of the admissions orders and other requirements under the academy agreements. That would enable Parliament to debate how far those requirements and conditions had been met and to distinguish between the effects of academy orders and academy agreements.

Perhaps even more significant than the proposals that my noble friends and the noble Lord, Lord Hunt of Kings Heath, have put forward is the need for this Committee to look closely at the level of accountability for academies and at academy orders under the Bill.

[The Earl of Listowel]

I rise to support Amendment 96 and Amendment 31, which is in the name of the noble Lord, Lord Lucas. I support the former because, as the noble Lord, Lord Hunt of Kings Heath, rightly said, further education colleges can be particularly beneficial to disadvantaged cohorts of pupil. Children in public care may find themselves in a further education college earlier than their peers, meaning that they can carry on with an education that they might otherwise have been denied. The noble Baroness, Lady Sharp of Guildford, has been a strong advocate of equal treatment. I am very pleased to hear that there will be no threat to progress in that area.

The noble Lord, Lord Lucas, asks in Amendment 31 that substantial freedom be given to schools to innovate. He reminds me of the eminent American philosopher and educationalist, John Dewey, who died in the middle of the last century and was very much admired by Bertrand Russell. He moved our thinking on with regard to the gaining of knowledge. He said that we were not simply spectators: we learnt because we had a reason to learn and because there was some impulse to our learning. That is particularly relevant to children who are disillusioned with the mainstream system. Schools need to innovate and find ways of working that engage such children. For example, Lent Rise Combined School in Slough, which has a large Traveller population, works each year to enable young people to work with local businesses to design products and then attempt to sell them at an open day. Those sorts of innovative approaches where Traveller people can see the application of their learning are very helpful. That may be some of what was meant by the noble Lord, Lord Lucas. I look forward to the Minister’s reply.

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[Lord Phillips of Sudbury]

My Lords, would it help the Minister and the Committee if I were to say that the score is England 1, Slovenia 0?

[The Earl of Listowel]

I apologise if this has already been covered but the noble Baroness, Lady Perry of Southwark, pointed out that the academy schools will have considerable additional funds. I am sure that we will have discussed this; it is something that I should have given more attention to sooner. Could the Minister, in replying or in correspondence, give as much detail as possible on exactly how much academies can expect to be given? That would be helpful. I thank the Minister.

[Lord Hill of Oareford]

My Lords, I should probably speak now while England is ahead in the football; on past form that may not persist. I thank the noble Lord, Lord Adonis, for his insight into ministerial life. I know that many will recognise what he says, as I have discovered over the last three days. I also thank the noble Lord, Lord Hunt, for his kind welcome. I am sorry that the noble Baroness, Lady Morgan, is not here, but I am grateful for the noble Lord’s words.

Some interesting and important points have been made about transparency. It is important not just that everything should be fair. It is absolutely clear that our intention is that our approaches to funding should be fair. However, I take the point that they also need to be seen to be fair. Funding is a fiendishly complicated area, as I am discovering as I try to get my head around it. I recognise the need for greater clarity. I say at the beginning that I undertake to reflect on whether there are ways in which we can better demonstrate that, without going down some of the routes that have been suggested in a range of amendments, which, for various reasons, may be slightly overcomplicated and bureaucratic.

I start by summarising some of the main points that have been made and by responding to the opening points raised by the noble Lord, Lord Hunt. The Bill, as he said, would allow the Secretary of State to fund academies either by contractual agreement—as now—or, for the first time, through grants. The purpose of that is to give the Secretary of State greater flexibility. To respond to the point made by my noble friend Lady Garden, it is not intended to be a bit of both; it is a case of either/or. There would be no top-up from one to the other. As the noble Lord, Lord Hunt, set out, it is our view that the vast majority of academies will continue to be funded by the route with which we are familiar—the contractual funding agreement, which runs for seven years. The proposal for the grant, as the noble Lord summarised, is to give a greater degree of flexibility, probably in a small number of cases where having that—particularly in the case of a new school being set up under the academy model—might make more sense. The requirements on academies relating to admissions, exclusions and special educational needs will be the same, whether they are funded through a grant or a funding agreement. I hope that that provides some reassurance to the noble Lord, Lord Hunt of Kings Heath.

On Amendment 79, the Government have made it clear that they will apply a rigorous “fit and proper person” test in approving any sponsors of an academy or promoter of a free school. The Secretary of State will publish on the department’s website the criteria for deciding applications from schools that are not outstanding. In some ways I recognise the point that there is a need for greater clarity on these issues. Part of the answer to the points that have been raised on both sides of the Committee is that, if we publish more information to make clear what the criteria are, we may be able to reduce some of the uncertainty.

We are keen that there should be flexibility in the criteria that the Secretary of State can use, so that he makes the best decision in each case. The Secretary of State expects to approve all applications from outstanding schools other than those where there are exceptional circumstances—for instance, if a school has a significant financial deficit. As the programme develops, it may be necessary to adjust those processes in the light of experience, particularly with regard to free schools. We are keen to ensure that we have the flexibility to do so.

Amendments 14, 79 and 80 all require that the conditions of academy arrangements should be set out as statutory instruments. The noble Lord made that point. Again, we are keen to try to maintain as much flexibility as possible. We will publish a revised model funding agreement, some elements of which I have circulated, although not as early as I would have liked. They are now in the Library. That will make clear the standard terms and conditions under which an academy will be funded.

An academy agreement is a contract between the Secretary of State and an academy trust under which the academy trust agrees to establish and run an academy and in return the Secretary of State agrees to provide funding for the academy trust. Amendment 11 would mean that an academy agreement could put in place only one half of these arrangements, so the contract would not be properly made. Clause 1(3) has been drafted to ensure that future academy agreements will, as now, need to contain both those elements. Amendment 10 would allow the Secretary of State or the academy trust to amend the terms of the funding agreement at any time. That is already the case: the funding agreement can be amended by mutual consent of both parties, via a deed of variation.

Amendments 124 and 125 would require that academy orders be made by statutory instrument—in the case of Amendment 125, subject to the affirmative resolution procedure. The making of an academy order is an administrative process on the way to becoming an academy. While it is important for the school in question, there is not necessarily a wider public interest in an individual decision by an individual school that would make it necessary or appropriate to bring each and every one of these before Parliament.

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[Baroness Whitaker]

My Lords, I had not intended to prolong this long debate by joining in, but I have to confess that I, too, was made more anxious during the course of it. I share the anxiety of the noble Baroness, Lady Murphy. I should say that I, too, am a humanist. Indeed, I am now a vice-president of the association. Long before that, however, I felt strongly that we live in a plural society and we need more than ever to be at ease with our fellow citizens. Our education system ought to increase that. I have some sympathy with the approaches taken by the noble Lords, Lord Baker and Lord Lucas, but most of all with Amendments 61 and 133 in the name of my noble friend Lady Massey.

Perhaps I may quickly throw this in: “belief” is the name given by international law to those systems of morality or ethics that are not religious. I quite agree that it is rather an odd word for that purpose, but it is generally taken to mean that. My question for the Minister is—if he does not mind putting my anxiety in the anxiety basket, so that it is a bit heavier than the certainty one—in what way will academies teach the national curriculum in respect of religion and belief?

[The Earl of Listowel]

My Lords, we have heard about two extremes of school—one in which only faith is taught, and the other in which everything is taught. There has been no reference to a concern that we might have, whereby one may learn much about everything but not have a thorough understanding of any particular thing. Perhaps at this time our faith schools are more important than ever to our children because, as the report of the Church of England’s Good Childhood Inquiry showed us, an increasing number of children are growing up in families where their parents separate or there are family tensions. As the 2004 UNICEF report pointed out, at that time this country performed the poorest in terms of our child welfare. There was a number of dimensions to the report. It looked at family relationships and highlighted the fact that Italy came top as regards children spending time with their family on a regular basis and enjoying a meal together.

I am speaking speculatively, but perhaps the particular value that faith schools of various kinds can offer can give children a sense of belonging when they do not have that sense at home. The value of a Catholic school is that it has behind it a whole tradition of music, ceremony and dress. Children in those schools benefit from feeling that they belong to something. While I recognise the danger of extremes, and of having a Jewish school by a Muslim school by a Catholic school by an Anglican school, and the difficulty of different faiths interacting, perhaps if this is worked right, the stronger our individual identity is, and the stronger our basis in our religious community, the more we can relate in a positive way to those of different faiths.