Academies Bill [Lords]

Iain Wright Excerpts

Monday 26th July 2010 Commons Chamber

[Mr Redwood]

It cannot be done on that short a time scale—these things will take a bit of time to go through. As soon as schools want to make a proposal, they will have to put in an application, and of course they will notify parents at that time. It is quite possible for them to do so by e-mail or post in the school holidays, and the schools will be back in September, when there will be opportunities for the dialogue to continue.

[Mr Iain Wright (Hartlepool) (Lab)]

The right hon. Gentleman is being most generous in giving way. May I point him to paragraph 7 of the explanatory notes accompanying the Bill? It states:

“The Secretary of State expects that a significant number of Academies will open in September 2010 and for the number to continue to grow each year.”

As the hon. Member for Southport (Dr Pugh) says, there is simply not the time to consult in the way that the right hon. Gentleman suggests.

[Mr Redwood]

I think hon. Members are making obstacles where none need occur. Changes will go speedily only if the local community is happy. As soon as it gets out that a school is considering academy status, the local community will be engaged. There are local newspapers, local websites and all sorts of ways to do so, and the usual school grapevines will be in operation.

Opposition Members protest far too much—we all know they hate freedom, and they do not believe that free people can mobilise themselves in a good cause. I can assure them that people can do so very quickly if need arises. They should not be so afraid of the idea that their local schools might want a bit more freedom and a bit more of their own money to spend. It is dreadful that they believe that all their local schools need so much control from the centre that they want ever more regulation and control from Whitehall of the kind that Labour Governments meted out, and continued or increased control from local education authorities in the hope that one day there will be more Labour authorities to exercise it.

Surely it is high time that we set free the schools that wish to be set free. I can assure the Committee that should groups of parents not wish a change to academy status to happen, they will mobilise quickly and democracy will work. It is still alive and kicking.

--- Later in debate ---

[Mr Gibb]

It is possible for an academy order to be issued in September, while the details of the funding agreement are still being negotiated. These things are very complicated, and it might take several weeks after the academy order is issued before the funding agreement is signed, so the consultation process can continue after the academy order has been issued.

[Mr Iain Wright]

We really need clarity on this very important point. As I mentioned earlier, paragraph 7 of the explanatory notes states:

“The Secretary of State expects that a significant number of Academies will open in September 2010”.

Is the Minister now suggesting that academies will open without a funding agreement being in place?

[Mr Gibb]

The school can continue with an academy order made. That is the point. The academy order can be made in September, but the funding agreement might take several additional weeks afterwards—[Interruption.] No, the school will be open; children will be able to attend a school and an academy order will have been made.

--- Later in debate ---

[Dan Rogerson]

I apologise to you, Mr Hoyle, and to the Committee for not being here for the start of the debate on this group of amendments. I was startled by the efficiency and economy with which the Committee dealt with the previous one.

I welcome the fact that the hon. Member for Hemsworth (Jon Trickett) has raised this issue. It is right that people should look to their local schools for more than the education of young people—or even the education of people throughout their lives. In constituencies such as mine, the rural primary schools are at the heart of the small villages and offer much in terms of facilities and a focal point for much of what happens in the community. In the towns and bigger urban areas, secondary schools offer a similar facility, as my hon. Friend the Member for Portsmouth South (Mr Hancock) said. I completely understand the concerns that the hon. Member for Hemsworth has raised, on behalf of his constituents and people across the country watching this debate, about facilities that they are accustomed to having access to, for a whole range of purposes, perhaps being affected.

I do not have an academy in my constituency, so I bow to the experience of hon. Members who do as to how academies can continue to be at the heart of their communities. However, I would hope that we could have a response from the Minister to the issues raised by the hon. Member for Hemsworth, to reassure people that there will be something in the funding agreement—as we have heard, Government spokespeople in the other place suggested that that would be the way forward—if not in the Bill itself, to ensure that there is a duty on those schools to continue to engage with their local communities.

We have provision in the Bill not just for the transition of existing maintained schools into academies, but for new schools. We have already had a debate about whether some capital resource might be available to help those schools get under way. I hope that that could be kept to a minimum and that where people come forward wishing to provide those services, they would bring with them the determination to provide such facilities themselves. However, if there is a drawdown of money from the state system, as it were, the relevant duties and responsibilities must lie with those people, because they will be wanting to make a contribution to the education of young people in their communities, and I would hope that they should also be at the heart of those communities.

Amendment 54 seeks to place that commitment in the Bill, particularly with regard to facilities. I hesitate to get into a debate on the new clause standing in my name, which my hon. Friend the Member for Portsmouth South mentioned—we may reach it this evening; I am not sure—but there are related issues, which I hope you will permit me to mention, Mr Hoyle, that go wider than just the facilities. My hon. Friend referred to social and community cohesion, on which I hope the Minister will have had a chance to reflect.

With regard to the use of the facilities that the hon. Member for Hemsworth has set out in his amendment, there is a concern that if schools that are considering going down that route are to be held in law to be responsible for providing them following a change, they might seek to reduce such facilities or run them down. I hope that they would not, because all schools, whether they are undergoing the process or not, will want to be at the heart of their communities. However, behind the amendment is a concern that a school might wish to restrict access a little. My concern is that accepting the amendment as drafted, with all the caveats that the hon. Member for Gedling (Vernon Coaker) will no doubt raise on Report—perhaps I can cut in now, before we get there—will mean that schools would be encouraged to run down the community activities that they offer, because they would want to keep to a minimum what they would have to do afterwards. The amendment might therefore have the opposite effect.

Also, the courts would presumably then become the final arbiter of whether a school was keeping its swimming pool open—if it had a swimming pool—for the same number of hours as it had been a little while ago. We could have schools repeatedly going back to court. I know that that is not the intention of the hon. Member for Hemsworth. I am merely saying that his amendment is a chance to probe the Minister’s intentions and insist that, wherever possible, we should have as much in the guidelines or the funding agreement, which is probably the way to do things, to reassure people that schools will continue to be at the heart of their communities, no matter how they receive their state funding—whether through a maintained set-up or the newer, academies option.

I hope that the Minister will indicate his support for that, but also place on record the fact that it will apply to any new academies, as well as to those formed by existing schools transferring across.

[Mr Iain Wright]

May I begin by saying what a pleasure it is to serve under your chairmanship, Mr Hoyle?

I will be brief, because my hon. Friend the Member for Hemsworth (Jon Trickett) and the hon. Members for Portsmouth South (Mr Hancock) and for North Cornwall (Dan Rogerson) have said all that needs to be said about amendment 54. I welcome the amendment, which was tabled by my hon. Friend. He has rightly expressed the concern about the risk that community facilities—provision that could and should be used by partnering schools or the wider community—could be stopped as a result of an academy order. All three hon. Members who have spoken in this debate have said how important such facilities are to social cohesion.

A further point is that in times when public finances are tight, the potential saving from having extended schools with those provisions is immense. There could be savings to the NHS, from having that social network in place, to the Home Office and police budgets, from early intervention, or to the social care budget. Those savings could be huge, and they all stem from the idea of an extended school that opens out into the community, providing an open and collaborative range of offers. However, there is nothing in the Bill that might safeguard that. I am concerned about that, which is why I welcome the amendment. I know that it is a probing amendment, as my hon. Friend said. However, I hope that the Minister can reassure the Committee that what is in the Bill will safeguard what is available for the community, because the whole of society can benefit as a result.

[Mr Gibb]

Amendment 54 seeks to ensure that each academy order contains provisions that make the school’s facilities available for community use once the school has converted to an academy. We agree on the importance of schools being at the heart of their communities. We would want to encourage the community use of school facilities. That is why the model funding agreement, which has been made available in the Libraries of both Houses and on the Department’s website, requires academies

“to be at the heart of their communities and to share their facilities with other schools and the wider community”.

That could include a wide range of initiatives—for example, making the school’s sports facilities available for local groups to use, offering adult education after hours, and engaging staff in outreach work across other local schools. It is clear from the provisions in academy arrangements that we are committed to academies being a central resource to their local communities. That is also borne out by our expectation that all outstanding schools commit in principle to working in partnership with a weaker school, as part of their applications to become academies.

However, it would not be appropriate for every academy order to make such provision. Academy orders are intended to be the documents that confirm a school’s conversion, and will contain key pieces of information pertinent to the conversion, depending on the circumstances of each school. We believe that the place to impose obligations on an academy is through the academy arrangements, in either the funding agreement or the terms and conditions of grant. That is consistent with the approach of the previous Government.

The hon. Member for Hemsworth (Jon Trickett) talked about the gym and the sports facilities in his local school, and asked whether it could be made a requirement that there should be no less provision to the community than existed at the date of the transfer. He wanted to put that in the Bill, which I have explained would be excessive. He also raised the issue of the fees charged for those sports facilities. Again, his fear is that an academy would raise those fees in order to raise further funds for the academy or the school. However, all the issues that he has raised are issues for the funding agreement. There is no reason why those facilities cannot continue. If the issue is shared facilities between the school and the local authority, these will be subject to discussion as part of the conversion process. On the wider issue of charging, charging that is allowed is limited, as he knows, and will be equivalent to the money that maintained schools are also entitled to raise for out-of-hours-type activities.

I suppose that the issue at the back of the hon. Gentleman’s mind is the concern that somehow academies will be less community-minded than the maintained schools that they replace—that somehow they will gouge out those facilities used by local residents or the out-of-hours evening classes that they attend. I see no evidence from the academies that I have visited around the country that that is their attitude. They are just as much a part of the community as the maintained schools that they are replacing.

The hon. Gentleman should be assured, certainly on the basis of the statements that I am now making to the Committee, that it is not the Government’s intention that academies should become islands unto themselves, charging the maximum that they can to raise funds for their facilities. They will continue to be part of the community, concerned about the community, and wanting to share their facilities with the community.

I want to turn now to the points raised tangentially by my hon. Friends the Members for Portsmouth South (Mr Hancock) and for North Cornwall (Dan Rogerson). They both raised the issue of community cohesion. It is our view that the funding agreement will already include that requirement, using the phrase that I have just read out about being at the heart of the community and sharing facilities with the community. I am also able to help my hon. Friends by adding to the funding agreement an explicit requirement that academies will be required to be at the heart of their communities, to promote community cohesion and to share their facilities with other schools and the wider community. I hope that, in the light of those few words and the arguments that I put forward earlier, the hon. Member for Hemsworth will withdraw his amendment, which he described as a probing amendment.

[Jon Trickett]

I am grateful to the Minister for the way in which he has presented his case to the Committee, and I do not wish to press the amendment to a vote. He has had the opportunity to put the Government’s views on record, and they will no doubt form part of any future debate when academies begin to operate. I predict, however, that the monitoring system he is introducing will be more expensive, more bureaucratic and more top-down than the present system of accountability of schools to their local communities through the local authorities, and that is deeply regrettable. With that, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Mr Iain Wright]

I beg to move amendment 79, page 4, line 8, at end add—

‘(8) Before making an Academy order in respect of a maintained school under this section, the Secretary of State shall consult with—

(a) the local authority,

(b) any other local authority who would in his opinion be affected by the making of an Academy order,

(c) teachers and other staff at the school and their representatives,

(d) parents and pupils of the school and the other schools in the community, and

(e) such other persons as the Secretary of State considers appropriate.’.

[The Chairman of Ways and Means]

With this it will be convenient to discuss new clause 7—Social cohesion—

(1) Before a school makes an application for an Academy order or an Academy arrangement with an additional school the relevant local authority must be asked to assess the impact of Academy status on—

(a) admissions in the local authority area where the school is situated;

(b) funding between all publicly funded schools in the local authority area where the school is situated; and

(c) social cohesion in the local authority area where the school is situated.

(2) The impact assessment in subsection (1) should be made with regard to any existing policies the local authority or local schools forum have in relation to (a), (b) and (c).

(3) Before making an Academy order or an Academy arrangement with an additional school the Secretary of State must have regard to the impact assessment in subsection (1) made by the local authority.’.

--- Later in debate ---

[Mr Wright]

With this amendment and new clause 7, we return to a subject that we have discussed time and again in this brief Committee stage. One of the most fundamental weaknesses of the entire Bill is its wholly inadequate provision for consultation. Clause 4 sets out the process for the Secretary of State to consider and approve an academy order. It also sets out the criteria by which an application may be considered. The two criteria are that the governing body has applied or that the school is eligible for intervention. This provides no role for the local community or for parents to ask for intervention, however. Time and again this afternoon, the point has been raised about the lack of consultation for local stakeholders, especially parents. We believe that local authorities, communities, teachers, trade unionists and, most importantly, parents should have a role in calling for intervention.

Inherent in the Bill is a massive risk of creating a two-tier system that will divide rather than unite communities, and that will set deprived communities against affluent neighbourhoods. As I said in Committee last week, the Bill could ensure that the most important relationship was between the individual school and the Secretary of State, rather than between the school and its local community.

We have just been discussing amendment 54. One of my concerns is that the Bill, as it stands, is a highly centralising piece of legislation whose focus is firmly on the school and the Secretary of State, rather than on the wider area. There is also a risk that the Secretary of State intends to use the freedoms that academies allow to give only successful, prosperous schools the flexibility and resources to thrive. Those freedoms could well be provided at the expense of the vast majority of schools, which could face cuts to support services and experience severe disruption. The fragmentation of our schools system would be a real step backwards for social progress and social cohesion.

Amendment 79 would ensure that, before making an academy order in respect of a maintained school, the Secretary of State would be obliged to consult the local authority, teachers and other staff at the school, parents and pupils of the school and the other schools in the community, and any other such persons who are considered appropriate. In addition, he would have to consult other local authorities that might be affected by an academy order. This is most common, although not exclusively so, in London, where pupils in a particular school may be drawn from a wide variety of local authorities. Demand for places at a school in a particular local authority, especially a popular school, can affect the demand, and hence the viability, of schools in other boroughs. Surely the Minister accepts that it is right for those affected local authorities to be consulted as well. Proposed new subsection 8(b) would ensure that any other local authority that might be affected by the making of an academy order was consulted. For those reasons, we believe that amendment 79 offers an important means of injecting more challenge, scrutiny and consultation into the proposed legislation.

We believe strongly that local authorities have a strong role to play in helping every child to succeed. They do not, and should not, run schools, but they can provide a strategic function, and commission provision across an area that is relevant, suitable and in keeping with the local authority’s vision for the shape of their economy. Local authorities can ensure that local services are of a high quality and meet the needs, ambitions and aspirations of children and young people. The actions or, at times, inactions of local authorities can also be held to account by local people in a truly democratic fashion, as a means of securing effective, efficient and fair local public services.

We on the Labour Benches and, I suspect, some on the Government Benches, believe that local authorities are best placed to facilitate partnerships across different schools and drive forward improvement and rising standards. I said “I suspect”, but it is fair to say that all Liberal Democrats subscribe to that view. I quote page 37 of their 2010 general election manifesto, which states:

“Local authorities will not run schools, but will have a central and strategic role, including responsibility for oversight of school performance and fair admissions. They will be expected to intervene where school leadership or performance is weak.”

We can all agree with that sentiment. I can more or less agree, too, with the next bullet point in their manifesto:

“We will ensure a level playing field for admissions and funding and replace Academies with our own model of ‘Sponsor-Managed Schools’. These schools will be commissioned by and accountable to local authorities and not Whitehall”.

That is an important commitment, on which every Liberal Democrat Member of Parliament was returned to the House. It is important that the Committee has the opportunity to vote on the matter, so that Liberal Democrat Members can support their manifesto commitments to a level playing field on admissions and funding and on social cohesion. On that basis, I give notice that I want to test the Committee’s opinion with regard to new clause 7.

[Ian Swales (Redcar) (LD)]

What did the hon. Gentleman think about the provisions under discussion when the Labour Government introduced academies? As far as I know, none of the provisions apply to the current academy system.

[Mr Wright]

I do not want to return to the Second Reading debate, but the purpose and definition of academies under the Bill differ fundamentally from those of the academies introduced by the Labour Government. We gave freedoms and flexibilities to poorly performing schools in deprived areas. The Bill is a completely different kettle of fish, and I think that the hon. Gentleman agrees with me.

Under new clause 7, before a school can make an application for an academy order—or arrangement with a free school—local authorities would be asked to assess the impact of such an order or arrangement on admissions, the funding between all state-funded schools and social cohesion in an area. As the hon. Member for North Cornwall (Dan Rogerson) ably articulated, social cohesion with regard to education is vital. There is a huge risk inherent in the Bill that social cohesion will be threatened and compromised. The new clause addresses that.

[Andrew George (St Ives) (LD)]

The hon. Gentleman makes a strong case, referring to Liberal Democrat party policy. In new clause 7(1)(a), he refers to the admissions policy and the impact on admissions to schools. Were he successful in getting the new clause accepted, what would he envisage as the best solution in circumstances in which, inevitably, parents will be disgruntled that their child is unable to gain admission to a local school?

[Mr Wright]

In my constituency, parents want to get their children into certain popular schools. It is important that the local authority sets out a clear procedure by which admissions will be considered, that there is a good appeals process, and that the schools adjudicator is part of that process. It is important that local authorities are in the driving seat: not running schools, but with borough-wide thinking on admissions. The approach has worked well and can continue to do so.

Earlier today, my right hon. Friend the shadow Secretary of State for Education and the shadow Schools Minister, my hon. Friend the Member for Gedling (Vernon Coaker) wrote to every Liberal Democrat Member, expressing the wish that we work together to amend and improve the Bill by supporting new clause 7. If Liberal Democrat Members feel that they must support the Bill as a whole in keeping with the coalition agreement, I can understand and respect their position, but I hope that there can be cross-party support for new clause 7.

[Dan Rogerson]

How could I resist the opportunity to respond to the hon. Member for Hartlepool (Mr Wright), who has thrown his glove across the Floor of the House to land at my feet?

The hon. Gentleman is obviously pining for the day on which there is a Liberal Democrat majority Government—[Interruption.] I look forward to working with the hon. Gentleman. Given the way in which his party has conducted itself in opposition, he and his hon. Friends may well be working towards such an arrangement even now.

Let me say, in all seriousness, that the hon. Gentleman is absolutely right to suggest that if the Liberal Democrats had been the majority party, we would have proceeded with the sponsor-managed schools option. However, we are not in that position. As the hon. Gentleman pointed out, we are in a coalition Government with a coalition agreement, and it is clear that some policies emanate from one partner in the coalition and some from the other. That is the way it works in coalition agreements all over the world, in countries where arrangements such as this are far more common than they have been in the United Kingdom, at least for several decades.

I do not think that academies are the answer. I did not think that they were the answer when the hon. Gentleman’s party was in charge of the policy, and I do not think that they will necessarily be the answer for all schools now. However, following the coalition agreement, the Bill contains a series of provisions enabling communities, where there is a will, to allow schools to adopt academy status. It remains to be seen how many will take up the option and what use they will make of it. Amendments were made in another place, notably with regard to the provision of additional schools—which I know concerned the hon. Gentleman in earlier debates—and assessments of the impact on the surrounding area.

Consultation is vital. We have already engaged in a full debate on that issue, and I shall not go over the ground again. I will say, however, that the hon. Gentleman spoke of commitments by a political party in a set of circumstances prior to a coalition agreement which has been published and is available for everyone to examine and discuss. Believe me, people in my constituency and others have been discussing it, and we have had many debates on it. That should not come as a surprise to the hon. Gentleman.

I had the honour of serving in the last Parliament, when the hon. Gentleman stood at the Government Dispatch Box ably standing up for—it must be said—the sometimes slightly dodgy policies that his party was producing. He must have seen us sitting on the Opposition Benches below the Gangway—where his hon. Friend the Member for Gateshead (Ian Mearns) is sitting now—talking to some of his hon. Friends who were then sitting on this side of the Committee. They were sorely tempted to join us. Lord McAvoy, as he now is, would have been there, casting his eye over Labour Members and making sure that that did not happen.

It could be said that we are now in similar circumstances in terms of the way in which this place works, but it can only work, and a Government can only work, when there is an agreed programme. We have an agreed programme, and the Government are proceeding with it. However, I am pleased that the Minister was willing to listen—as was his noble Friend Lord Hill—to Members of our party and our side of the coalition, and to other noble Lords and hon. Members, and to make provision to allay some of the concerns that have been raised.

--- Later in debate ---

[Mr Gibb]

My hon. Friend will know that the admissions code will apply just as much to academies as to maintained schools, that the admissions appeals code will also apply just as much to academies as to maintained schools and that the co-ordination arrangements will apply too. So the local authorities will hold the ring on admissions in the same way as they do at the moment.

[Mr Iain Wright]

I may be pre-empting what the Minister is going to say. He has been talking about existing maintained schools converting to an academy, using the phrase “as is” and he mentioned that schools would have the same head, the same estate and so on. New clause 7(1) states:

“Before a school makes an application for an Academy order or”—

this is the point on which I seek clarification—

“an Academy arrangement with an additional school”.

That refers to a free school. Will the existing arrangements still apply in respect of a free school too? Could the Minister provide clarity on that?

[Mr Gibb]

I shall seek to do that during the rest of my speech. If I do not get round to the hon. Gentleman’s point, I shall write to him.

We believe that the impact of an increase in academies and the freedoms they provide will lead to improvements in standards across the education sector as the best heads and the best schools drive improvements and expertise. The noble Lords were concerned about schools changing their age range and the Bill was amended to allay those concerns. Subsection (4) of clause 9 makes it clear than when a maintained school becomes an academy under the current school closure processes, further to the Education and Inspections Act 2006 and not further to an academy order, when the age range is not like-for-like, the school would be classed as an additional school, so the Secretary of State would be required to evaluate the impact. That would include, for example, an academy created as a result of the amalgamation of two or more schools or an 11-to-18 academy that replaced an 11-to-16 maintained school, if that involved a closure rather than a conversion. Any school wishing to add a sixth form would need to follow the relevant statutory provisions.

The answer to the question whether the admissions code and the appeals code will apply to free schools, too, is yes, it will. The problem with the Minister’s opening remarks—

[Mr Wright]

I’m not the Minister any more.

[Mr Gibb]

Sorry, the shadow Minister. It is all very new.

The problem with the shadow Minister’s speech in moving the amendment was that it was written, I think, before he heard of the Government’s intention to put in the funding agreement an explicit requirement to promote community cohesion. On top of that, it already requires academies to be at the heart of the community. He cited the Liberal Democrat manifesto commitment that local authorities will not run schools. That is a view common throughout the coalition and we also agree that local authorities should be the champion of parents and pupils, championing school improvement and challenging rather than defending underperforming schools. In an old politics kind of way, he is trying to drive a wedge into fissures in the coalition where no fissures exist—and he is doing so unsuccessfully.

The point made by the hon. Member for Gedling (Vernon Coaker) about excluded pupils is wrong. He alleged that the funding for an excluded pupil stays with the academy. The funding follows the pupil when the pupil is excluded and that is a requirement in the academy agreement.

With those few words, I hope that I have persuaded Opposition Members and those elsewhere to withdraw their amendments.

[Mr Iain Wright]

I apologise to the Minister on the subject of the concession that he has made on social cohesion and community cohesion in the funding agreement. I had meant to mention that, but I was wrapped up in helping Liberal Democrats. I apologise; that is a welcome concession.

The hon. Member for North Cornwall (Dan Rogerson) went so far in tempting me to think that he does not agree with academies, but then he pulled back considerably. He mentioned, rightly, that coalition—like all politics—is a question of compromise and negotiation, but I think that the Liberal Democrats are getting a bit of a raw deal in the coalition agreement when it comes to education policy. I will readily admit that today there has been the announcement on school funding and the pupil premium and I am pleased to see the Minister of State, the hon. Member for Brent Central (Sarah Teather), on the Treasury Bench. I pay tribute to her for pushing that forward.

In every other sense, the emphasis has been on Conservative party policy, with an emphasis on free markets. There has been a rush to the markets and a lack of consultation with and consideration for the wider community that is at odds with what the Liberal Democrats want. I shall still provide the hon. Member for North Cornwall and his hon. Friends, who seem readily poised to join us in the appropriate Lobby, with the opportunity to ensure that the commitments that were made in the Liberal Democrat manifesto in the general election, only a matter of weeks ago, can still be fulfilled.

I am not content with the Minister’s explanations in terms of new clause 7. I think it is very important and I will want to press that to a vote, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 16

Pre-commencement applications etc

Question put, That the clause stand part of the Bill.