Academies Bill [Lords]

Ian Mearns Excerpts

Thursday 22nd July 2010 Commons Chamber

[Dan Rogerson]

I am talking about the funding formula. As we have been talking about different parts of the country benefiting in different ways, I thought it important to get on the record that my students were disadvantaged by that formula.

The amendment is useful in that it has prompted a discussion on these issues, but there are problems with it. I note in passing the phrase in proposed subsection (1A)(c):

“any other persons deemed appropriate.”

In yesterday’s debate, the Opposition argued that it was not sufficient to deem people appropriate and that the list should have been much longer, and included staff, for example, so a little inconsistency is apparent.

Putting that point aside, the problem with the amendment is that it is a little vague. Essentially, it relates to situations in which anyone in the local community might think that their school needs a bit more investment for a project, but no level of investment is specified. I can see how the amendment could kick in when a school has been identified by Ofsted and everyone else as needing drastic investment, but it talks about

“whether there are outstanding requirements for capital investment”.

Presumably, the consultation would leave it up to those who responded to a request to define what they deem to be “outstanding requirements”, so the amendment would effectively mean that if anyone said, “We want a bit more in our existing school for this”, no money would be provided. The amendment is intended to toughen up the criteria governing such requests, and I am tempted by that, but it is flawed because, in practice, it would act as a block.

I am sympathetic to some of the issues that have been raised, and I hope that the Minister will respond to them and clarify how local people may be reassured that the Government’s proposed capital programme will meet as many demands for improvements to existing schools as possible.

[Ian Mearns (Gateshead) (Lab)]

I want to support the amendment and I am concerned about the implications of the Bill on the review of expenditure on capital programmes into the future. In my borough, five Building Schools for the Future secondary school projects have been cancelled very recently. The first one that I want to talk about is the proposed amalgamation between two schools, Ryton and Hookergate, which are on the western fringe of the borough and in the constituency of my hon. Friend the Member for Blaydon (Mr Anderson). That proposed merger was the result of prolonged negotiations regarding those two schools, and the cancellation is a matter of grave concern.

Hookergate—a school that has long served the communities of Chopwell, Rowlands Gill, High Spen and Greenside, as well as many smaller, isolated rural settlements—is sadly subject to a declining pupil population, and it was set to be amalgamated with a school a few miles to the north, in the town of Ryton, on a site that the local authority was negotiating for with several landowners in the area.

Ryton school serves a very broad catchment area, including Ryton and Crawcrook. It also serves communities on the western fringe of Blaydon such as Stella, and the areas of Clara Vale, Stargate and Emmaville. Indeed, the formal part of the consultation on the local authority’s proposal for amalgamation was due to start the day after the Secretary of State made the announcement in the House cancelling the programme.

Another school affected by the cuts proposal is Whickham comprehensive, a large, successful school with some 1,500 pupils in the town of Whickham. It serves surrounding villages such as Marley Hill, Byermoor and Sunniside. It is very popular, but it is in grave need of renewal, as it is in a 1960s CLASP-style building, CLASP being the consortium of local authorities special programme. It is also bursting at the seams, having suffered a fire in one of its blocks several years ago.

St Thomas More Catholic comprehensive school is very popular and successful, with high levels of academic achievement, despite the poor and cramped conditions on its site. The Joseph Swan school, named after the inventor of the incandescent light bulb, who lived in Low Fell in Gateshead, is a successful school serving the community of central Gateshead and Low Fell, where there are three Liberal Democrat councillors. It was to have its dining block and humanities area rebuilt, on the back of the highly successful rebuild of the school’s main body through the traditional capital programme of the late 1990s.

Government Members have criticised us for not investing enough in schools during the 13-year tenure of the Labour Government. In my borough, we had the five schools that I mentioned left to do, but Lord Lawson of Beamish school was rebuilt using the private finance initiative; Kingsmeadow comprehensive was completely rebuilt using PFI; and the Heworth Grange and Thomas Hepburn schools are at the on-site stage. I have to declare an interest: I am still nominally the chair of governors of Thomas Hepburn school. The steelwork is now being erected so that the school can be rebuilt. Numerous primary schools were rebuilt or refurbished through combinations of old-style capital spend and PFI.

The £80 million that was due to come to us as part of Building Schools for the Future included the opportunity to adapt four schools to ensure that they were able to offer inclusive education for children with special needs, where it was the choice of parents to include youngsters with SEN in mainstream schooling. That was part of the transformational aspect of BSF to which my hon. Friend the Member for North West Durham (Pat Glass) referred. That additional SEN money that BSF talked to us about recognised the SEN review in our borough, and our ability to deliver; we could generate, according to the ready reckoner, approximately £10 million to invest in special schools, thereby completing our secondary school investment programme.

In Gateshead, we have built the angel of the north, a millennium bridge, and the Sage Gateshead concert hall and music complex, at which many Members from across the House have attended conferences. We have completed many capital projects, but what I am most proud of is the improvements in education for the children of our borough, and I hate the prospect of that improvement coming to a halt.

When the Secretary of State announced the axing of BSF, and when hon. Friends and I first raised the issue, Government Members accused us of feigning anger and outrage. After 27 years as a local councillor in Gateshead, and after a decade as the lead member on education serving the Gateshead community, I can reassure all Members of the House that I am not feigning anything. In particular, there is no pretence in my profound sadness that the much-needed continued investment in schools in my borough has been snatched away from the children who we all seek to serve.

I welcome the undertaking given by the Deputy Prime Minister yesterday to meet the borough’s MPs and discuss this issue. I hope that at that meeting he will reassure us that the Building Schools for the Future programme for Gateshead has a future and has not been sacrificed on the ideological altar of investment in academy school buildings or new free schools for other, more favoured parts of the country.

In that vein, I was struck by the suggestion made by the hon. Member for Bermondsey and Old Southwark (Simon Hughes), the deputy leader of the Liberal Democrats, on the BBC last week that he would use his influence to lobby on behalf of places such as Liverpool, Sheffield and Newcastle—all places where the Liberal Democrats have had a significant foothold in local government representation. I hope that the Government will demonstrate transparency and that such decisions on school funding are made on the basis of fair criteria rather than behind-the-scenes deals.

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[Ian Mearns]

I have experience over the years as a local authority representative and also a school governor, and I have come across all too many children whose parents do not even know that they do not have aspirations for their child. Particularly in deprived communities, many parents, and consequently their children, accept the lot they are given. They have a stoicism, and also a lack of understanding about how the systems work and how they could make things better. Because of that, they do not have the fortitude or understanding to pursue improvement for their own child, and in such a scenario who will look after the child’s interests in respect of these independent academies?

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[Neil Carmichael]

My hon. Friend is absolutely right. SEN is an emerging story—we all know that. The hon. Member for North West Durham (Pat Glass), with her vast and important experience, made those points as well. That complicates the situation on statementing.

It is not just a question of parents getting a statement, but of what happens when they do. That is just as problematic. I have seen in my postbag cases where a statement has been provided but its consequences are not deliverable for the child. We must remember that provision through local authorities is not as perfect as it ought to be.

We need to consider what happens in academies—that is what the amendment is all about. We already have governors in schools, and they are very important. Governance performs a valuable function in ensuring that schools perform properly, reach appropriate targets and deliver the high-quality education that we need. In the schools of which I have been a governor, we have had a governor specially responsible for special educational needs.

[Ian Mearns]

It is a legal requirement.

[Neil Carmichael]

Yes, and such accountability is necessary and good, and we will find it in academies. Of course, we have to ensure that not only is there a legal requirement for such governors, but that they do their job and ensure that SEN provision is properly maintained, promoted and delivered in their academy or school. I suggest to my hon. Friend the Minister that we need to consider that as the Bill takes its form.

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[Neil Carmichael]

I am not sure whether it was a speech, but the point is interesting and we should look into it. Of course, the Minister has already promised a Green Paper on the wider issue of SEN, so we should discuss that matter. I thank the hon. Gentleman for a point well made, but I believe that thus far, academies are delivering proper provision.

This matter has already been discussed in the House of Lords, and Baroness Wilkins, in an effective performance, produced two changes to the Bill. One is that the Secretary of State can intervene if special educational needs are not properly provided for. That is a sensible step and a provision that is broadly welcomed.

[Ian Mearns]

A cumbersome aspect of that is that the Secretary of State’s office could be inundated with individual cases of parents who feel that the special educational needs provision for their child has not been tackled effectively.

[Neil Carmichael]

That is also an interesting point, for which I thank the hon. Gentleman.

The Bill is essentially a good measure. It provides for more academies, and we support that because we believe that good leadership, good management, flexibility and less intrusion from local authorities will deliver a higher standard of education. Of course, that must include provision for special educational needs.

We have been promised a Green Paper on special educational needs. The time to discuss the subject is when that is published. A constant theme of the past two or three hours has been the lack of satisfactory provision for special educational needs throughout the country. There are pockets where it is not good enough and delivery that needs to be improved. As long as that is the case, we cannot be satisfied, and we must therefore endeavour to improve the overall provision for special educational needs.

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The hon. Member for North West Durham talked about the hard-end drift—perhaps it will be called the “Glass drift”—and said that even when money goes in, it somehow drifts away. That must be because of the pressures within the system: the way human beings work—those who do the jobs that she did in the past, parents and people in schools—leads to money not going where people want it to go. It is therefore not enough for Ministers to wish the right outcomes—all hon. Members wish the right outcomes. Rather, they must show that they understand the engineering of the system sufficiently to deliver them. We are dealing with the most vulnerable of our children, and we cannot have an already bad situation made worse inadvertently by Ministers in a hurry who do not have sufficient explanations. I am sure that that is not the case, but I would hate to think it was. We should not be blinded by the desire to appear to be acting if we are doing the wrong thing.

[Ian Mearns]

Having worked in the system and taken a number of cases to education appeals panels, I have often seen a situation in which council officers think they are doing the right thing by the system by refusing parents what they want, because they believe that other provision is nearly as good but less costly. Does the Chair of Education Committee accept that if parents want provision that costs tens of thousands of pounds a year, allowing that provision incurs an opportunity cost to the system and other children within it?

[Mr Stuart]

There is always an opportunity cost and people always have to make judgment calls. We need to know who makes those calls, what the pressures on them and their incentives are, and their accountability. It all comes down to that, and understanding what the accountability mechanisms will be if there is a much-increased number of free academies.

Academies Bill [Lords]

Ian Mearns Excerpts

Wednesday 21st July 2010 Commons Chamber

[Mr Buckland]

Very well. I have been led astray by the hon. Lady’s film persona on many occasions, and in a very positive way, but I accept what you say, Mr Chope, and I shall return to the amendment.

I do not share the concern that, when it comes to children and young people in special education, the Bill will result in a “them and us” situation. In fact, to accept the amendment would be to create just such situation. If both Houses pass the Bill and we allow schools the opportunity to go down this exciting avenue, we must as a matter of principle allow all types of school to enjoy that potential opportunity, and it would be wholly wrong and discriminatory to exclude special schools from that process.

[Ian Mearns (Gateshead) (Lab)]

For a number of years, I was the chair of the board of governors in a special school that dealt with the educational needs of children who were then classified as having moderate learning difficulties. The classifications were of the time. As the chair, I had to go through a process whereby the local authority decided that it would be more appropriate to close the school, because the range of provision for the children was inappropriate for the time in which we were living. If each special school in an area becomes an academy and independent of local authority concern, is there not a danger that special school arrangements and special educational arrangements will be maintained in aspic for ever?

[Mr Buckland]

That is unfair. I acknowledge and bow to the hon. Gentleman’s experience, but he underestimates where we are with special education. I am sure that he will agree that head teachers and staff in special schools always look at ways of improving their provision, and reinvent and adapt it to the new children who enter their schools year on year. I find special schools in the modern era very receptive to change. They want to understand and learn from their experiences, and they want to learn about new diagnoses, which is an area of constant change. In autism, for example, the huge increase in the number of diagnoses means that there is an increased demand for special education, so I do not share the hon. Gentleman’s pessimism or his vision of special schools wanting to remain in a golden age and refusing to move with the times.

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[Gavin Barwell]

My hon. Friend makes the point far more eloquently than I can. At some point in the future, the shadow Education Minister might have the honour of being the Minister again, or even the Secretary of State, who will sign off the applications for academy status. However, the amendment would tell primary schools or federations of primary schools that they were not even allowed to make the case for academy status, and that is completely the wrong approach.

[Ian Mearns]

The hon. Gentleman refers to schools working in partnership on school improvement programmes, and clause 15 refers to city technology colleges becoming part of the family of academies that the legislation will look after, but I am afraid that the city technology college in my constituency has always been fiercely independent and has never wanted to work in partnership with any other school or with the local education authority. I do not see how the circle will be squared, because that is the evidence from our experience.

[Gavin Barwell]

I thank the hon. Gentleman for his intervention, but my experience in my part of the world is very different. In Croydon we had one of the original city technology colleges, which has converted to an academy, as most CTCs have, and the academy partners have continued to work closely with the local authority and community.

My next point is about the evidence base. In an intervention on the hon. Member for Gedling, I referred to the evidence in relation to the Oasis Academy Shirley Park, an all-through academy that he and the former Secretary of State approved in my constituency. The evidence from the first year is that at primary and secondary levels the academy has made a profound difference not just to pupil attainment, parental satisfaction and the local community’s confidence in the school, but most importantly to the pupils’ perception of the school that they attend, which surely ought to be the key judge of any school.

The Opposition also argued that the policy is a leap in the dark, and that, whereas the previous policy was managed and a number of schools became academies each year, we are opening the floodgates and do not know how many schools might become such institutions. Having listened to the debate, however, it is clear that the Secretary of State will retain control of approving academy applications, and the explanatory notes to the Bill give a rough forecast of the numbers that we might expect.

My final point is about the admissions policy. The hon. Gentleman suggested that, given how primary schools are rooted in their community and some secondary schools are not, there was a danger that the admissions criteria might change and the local link could break down. As I understand the arrangements, however, such schools will continue to be covered by the admissions code. Indeed, in my area we have written into academy funding agreements the importance of a clear local link in relation to selection. In all parts of the country, we want good schools serving their local communities so that local parents have what they want, which in my experience is a good local school.

None of the concerns about size, evidence base, opening the floodgates or admissions bears any scrutiny, and there is a very important point of principle. Primary schools or federations of primary schools should have the chance to make to the Secretary of State the case for being given academy status, so that we see at primary level the same improvement, particularly in deprived parts of the country, of which there are a number in my constituency, that we have seen at secondary level.

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[Mr Gibb]

Any Government face such challenges, but the Government whom the hon. Lady supported for 13 years were not that effective in dealing with them. Under the previous Government, a considerable number of schools were in special measures for a long period, and the results in some schools were very poor. This is going to be a challenge for this Government, as it was for the previous Government. It will also be a challenge for the organisation that monitors the quangos—the Young People’s Learning Agency.

[Ian Mearns]

The way in which the legislation has been framed seems to have built in a mechanism under which that scrutiny will not need to be carried out in the first instance, because only outstanding schools will be allowed to go forward. The whole point of the previous Government’s academies programme was to lift standards in schools that were performing below the level that we all want for our children. This Government’s programme is for outstanding schools only—[Hon. Members: “No, it’s not.”] Well, that is certainly the way the legislation seems to be framed.

[Mr Gibb]

My hon. Friends have just made the point from a sedentary position that that is not the case. It is not only outstanding schools that are being invited to acquire academy status; it is all schools. We are also continuing to address the problems at the other end of the scale, to ensure that schools that are in special measures and that are struggling can acquire academy status and have a sponsor that can raise standards in those schools. Those projects, and that approach to policy, will continue.

I am surprised at the opposition to these proposals, given that they build on the legislation of the previous Government. They do not represent a major departure from the previous approach. The Bill has only 20 clauses, and the reason for that is that it builds on the legislation introduced by the previous Government.

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[Vernon Coaker]

I was not aware of that letter. It would have been even more helpful if the hon. Gentleman had told us what it said, but I will have a look at it. Certainly, the ready reckoner and the whole question of funding for primary schools is still an issue.

I take the point about primary schools being an important part of the community, whether they are small, rural or urban. The more important point that many hon. Members made concerned the capacity of those schools operating on their own to deal with academy status, particularly in regard to some of the support that they receive from local authorities on insurance, legal costs and sometimes when emergencies occur. If we are not careful, the Government will undermine the local authority’s capacity to deal with such matters, while not giving individual primary schools, even if they become academies, the capacity to deal with them either. That is a real issue for us all.

To be fair, the Minister tried to address most of the points made, except that relating to the inadequacy of the equalities impact assessment and the impact assessment on the Bill, which makes no reference to any evidence for what the Government are doing. My hon. Friends and I have raised serious concerns about the rush to academy status for primary schools, but in the interests of dealing with some of the important issues that remain to be debated in the limited time available, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Ian Mearns]

I beg to move amendment 19, page 1, line 22, at end insert—

(za) the school has regard to the regulations relating to schools admissions made under section 84 of the Schools Standards and Framework Act 1998;

(zb) the school has regard to the regulations relating to the exclusion of pupils made under section 52 of the Education Act 2002;’.

[The First Deputy Chairman]

With this it will be convenient to discuss the following: amendment 23, page 2, line 8, at end insert—

(e) the school must comply with the provisions of the Code for School Admissions issued from time to time by the Secretary of State.’.

Amendment 24, page 2, line 8, at end insert—

(e) the school must comply with fair access protocols issued from time to time by the Secretary of State.’.

Amendment 27, page 2, line 8, at end insert—

(e) the school complies with provisions on pupil exclusions and behaviour partnerships as set out in EA 2002, EIA 2006 and ASCLA 2009.’.

Amendment 42, page 2, line 8, at end insert—

(e) the admissions arrangements of the school make no provision for selection on the basis of religion or belief.’.

Amendment 11, page 2, line 21, at end insert—

‘(9A) Academy arrangements must also include terms imposed for the purpose of securing that the school complies with any code for school admissions issued under section 84 of SSFA.’.

Amendment 43, page 2, line 23, at end insert—

‘(11) Subsection (12) applies if the school is a voluntary controlled school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.

(12) The Academy agreement must include terms imposed for the purpose of securing that no greater percentage of pupils are selected on the basis of religion or belief after, as compared with before, the conversion date.’.

Amendment 14, in clause 6, page 4, line 21, leave out subsections (3) and (4).

Amendment 49, in clause 6, page 4, line 24, at end insert—

‘(3A) If the school is a selective school, sections 105 to 109 of SSFA 1998 shall continue to apply in respect of the retention of selective admission arrangements at the school.’.

Amendment 44, in clause 6, page 4, line 37, at end insert—

‘( ) Subsections (7) and (8) apply only if the governing body has made a request to maintain such religious character.

( ) Subsections (7) and (8) do not apply if the school is not designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character and, on conversion to an Academy, such a school may not then be designated or treated as designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.’.

Amendment 12, in clause 6, page 5, line 4, at end add—

‘(10) After the conversion date the school must comply with any code for school admissions issued under section 84 of SSFA which applied to the school on the conversion date.’.

Amendment 13, in schedule 2, page 18, line 26, at end insert—

‘9A In section 84(1) of SSFA (code for school admissions) after paragraph (b) insert—

“(bza) Academies,”.’.

[Ian Mearns]

I do not intend to detain the Committee for long as we are only three amendments into a 30-odd amendment marathon.

I am not a fan of the legislation as it takes a set of proposals that were meant for one set of schools and transfers those, lock, stock and barrel, to schools in a wholly different category. It takes resources that were meant to improve the educational outcome for children in schools that are underperforming and transfers them in a targeted way to schools that are, in the first instance, already regarded as outstanding. It will also take resources that the local authority currently receives to be targeted at school improvement and gives those resources to schools that are already outstanding, in a “devil take the hindmost” fashion.

[Mr Graham Stuart]

The hon. Gentleman makes a powerful case were it not for the fact that the Government have made it clear that they want all schools to have the opportunity to become academies and have that freedom. Also, the pupil premium, which is an important part of the policy platform, will ensure that the poorest in our society have an extra resource, which, for the first time, will follow them, rather than some political fix. Surely he should recognise that in his remarks.

[Ian Mearns]

I thank the Select Committee Chair for his comments, but I did emphasise the words “in the first instance” with regard to the outstanding schools in these proposals. The pupil premium will be part of legislation in the autumn, and it remains to be seen how those proposals will pan out.

[Glenda Jackson]

I tabled questions asking which children in my constituency would benefit from the pupil premium and which would not, and the Department did not know.

[Ian Mearns]

I thank my hon. Friend for that information. It helps us to pad out the argument about how we feel about the Bill.

Government Members have regularly alluded to and broadly welcomed what they see as a return to grant-maintained schools by another name, now known as son of grant-maintained schools or academies. If the policy were to go down that road, its fairness, equity and accountability would have to be severely questioned. Unlike local authorities, the governing body of an academy will not undergo the rigours of the local democratic system. That is, it will not have to stand for election and stand or fall on its record and/or its programme.

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[Mr Gibb]

The ready reckoner is used to give an indication to prospective academies of what their funding might be. It is not to be used by local authorities to calculate the claw-back, because they are different figures. Academies are funded through two different routes, so the figures would not match.

[Ian Mearns]

Nevertheless, local authorities are uncertain about the financial implications and their capacity to improve schools in the future. Indeed, education cannot be delivered in isolation from the wider range of local public services used by children and young people—or by the local community. Within education, if the role of local authorities as commissioners was recognised and strengthened, the children’s services budget could be more efficiently used by delivering a wider range of services through schools.

It is important to ensure that all children have fair access to a place in a local school, and that academies operate a fair admissions procedure. Similarly, it is imperative that all schools operate a fair exclusions policy. I was pleased that the Secretary of State gave a reassurance on Second Reading when he said that academies

“have to abide by the admissions code and subscribe to fair access protocols, so that those hard-to-place children are placed appropriately.”—[Official Report, 19 July 2010; Vol. 514, c. 31.]

However, I would like to see an inclusion in the Bill that all academies must comply with admissions law and codes and fair access protocols, as well as regulations relating to pupil exclusions. That would ensure that they were on the same footing as other schools, requiring a change to primary legislation to amend and making them truly equal partners. I therefore ask the Committee to accept amendment No. 19 in my name because it would achieve exactly that.

[Dr Julian Huppert (Cambridge) (LD)]

I tabled amendments 42, 43 and 44, which deal with one aspect of admissions to academies of a religious nature. I understand the benefits that can flow from such schools. Indeed, I used to be a governor of a Church of England school in the ward I represented and it was a very interesting experience. However, I am concerned that the Bill may inadvertently lead to an increase in the proportion of religious places. It risks permanently entrenching religious segregation in our education system through irreversible changes that could permit wide discrimination in admissions and employment.

By “freeing” religious academies from the national curriculum without sufficient safeguards, the Bill also risks exposing children to extreme religious views, including creationism. Members will know that I have spent some time arguing for the scientific line on such issues. My concern is widely shared. A new ICM poll commissioned by the British Humanist Association found that 72% of the public are concerned that the Academies Bill could lead to taxpayers’ money being used to promote religion. A third of the public said that they were “very concerned” about that. The poll also found that two thirds of people think that religious academies should be required to teach pupils about other beliefs, including non-religious ones.

I seek assurances from the Minister on these issues and I have tabled three amendments to flush out their thinking in this area. Amendment 42 would prevent any form of religious discrimination in admissions policies. Many state-funded “faith schools” use privileges to have highly selective admissions criteria, giving preference to the children of parents with particular beliefs. The Government have so far made it clear that they intend to allow these schools to retain their admissions policies, and I have great concerns in that area. It can cause segregation along religious and socio-economic lines. Professor Ted Cantle, author of a report into community cohesion in Blackburn, describes religious schools as

“automatically a source of division”

in the town, which is not something we would wish to see. In other areas, faith schools, which are their own admissions authorities—as these academies will be—are 10 times more likely to be highly unrepresentative of their surrounding area than faith schools where the local authority is the admission authority. Separating children by religion, class and ethnicity is totally antithetical to the aims of social cohesion, and amendment 42 would ensure that no academy pupil is discriminated against on religious grounds.

That is an ideal to which I hope we all aspire. However, if amendment 42 cannot be accepted by the Government, I hope that amendment 43 can at least provide greater assurance. It would ensure that, at the very least, existing faith schools cannot discriminate more when they achieve academy status. During discussions in the other place, the Government confirmed that maintained faith schools will be able to discriminate in admissions. I hope they will change their mind on that. They said that a 50% quota would be imposed to ensure that 50% of admissions would not be religiously selective, and that was repeated on Second Reading. However, that provision is not in the Bill, the model funding agreement or any other official guidance or information. We need to know what would happen there. If amendment 42 cannot be accepted, I hope that amendment 43 will be, to ensure that things can get no worse than they currently are.

Finally, I turn to amendment 44, which deals with two issues, one of which I take to be a drafting error on which I seek reassurance, and the other is the desire to provide choice for current religious schools. I shall take the second part of the amendment first. The amendment would ensure symmetry. Currently a state-funded religious school becomes a religious academy, but there is nothing to confirm that a non-faith school becomes a non-faith academy. I therefore seek the guarantee, which I think the Secretary of State intended, that that is what would happen—that their nature simply would not change.

The first part of the amendment deals with schools that are religious schools now. Currently, a state-maintained school with a religious character is forced to become an academy with that religious character, but surely religious schools should at least have the option not to do that if they do not wish to. That would be popular with the local community: a recent poll found that 64% of people agreed that the Government should not be funding faith schools of any kind—but that is a debate for another time. However, some faith schools are only nominally of a religious character—that character being a residue of former connections. When taking on academy status with the possibility of growth, these schools may wish to free themselves of the restrictive status of being of a religious character which has ceased to be relevant to them. The amendment would allow them the choice, rather than compel them.

I hope my amendments will be considered carefully by the Government, and I hope that Ministers will comment on them. I intend them as probing amendments and will not press them to a vote, but I hope that the Government will take them seriously and accept a number of them.

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[Mr Gibb]

I am very happy to write to the hon. Gentleman if he would prefer that.

The hon. Gentleman also asked about the exclusion of children with special educational needs. As he will know, the current 203 academies have a higher proportion of children with SEN and they exclude such children disproportionately less than maintained schools.

My hon. Friend the Member for Cambridge (Dr Huppert) raised the concern that freeing faith schools from the national curriculum would create a risk of their teaching creationism, but there is no risk of that because they will still be required to teach a broad and balanced curriculum. The funding agreement will continue to require academies to teach religious education. For non-faith delegated academies, that means teaching the locally agreed syllabus; for faith schools it means teaching a curriculum in accordance with the tenets of the relevant faith. That is the same requirement as applies to voluntary-aided schools.

My hon. Friend also raised the issue of schools converting to academy status. As I have just said, the same rules apply as for maintained schools that want to convert to faith schools: they have to go through the whole process of re-designation, which requires the permission of the Secretary of State.

My hon. Friend asked where provision on the 50% rule is. It is not in the funding agreement, but we would not enter into a funding agreement that included admissions arrangements that allowed faith selection of more than 50%. That is a policy position, but it has been confirmed in both Houses and I confirm again that we will not sign funding agreements with new faith schools that intend to select more than half their intake on the basis of faith.

The hon. Member for Brighton, Pavilion (Caroline Lucas) asked about co-ordinated admissions arrangements. I am happy to assure her that they will apply. She also asked about levers for enforcing the admissions code. The Young People’s Learning Agency will ensure compliance with funding agreements on behalf of the Secretary of State. If an academy breached an obligation in its funding agreement, the YPLA would seek to enforce the obligation and the Secretary of State could ultimately do so through the courts. The Secretary of State has a specific power within the funding agreement to direct the admission of an individual pupil or to direct the amendment of an academy’s admissions arrangements if they do not comply with the code.

The hon. Member for Hampstead and Kilburn (Glenda Jackson), who is not in her place, asserted that the new academies will increase social division, but they will not. The Bill states at clause 1(6)(c) that academies must provide

“education for pupils of different abilities”,

and at clause 1(6)(d) that they must provide

“education for pupils who are wholly or mainly drawn from the area in which the school is situated.”

In response to the queries of my hon. Friend the Member for Portsmouth South (Mr Hancock), the admissions code requires fair and inclusive admission arrangements and outlaws any notion of cherry-picking. Of course, the academies will be bound by the code. Academies must be part of local fair access protocols, which require them to admit their fair share of challenging pupils, some of whom are likely to have been permanently excluded from other schools.

This has been an interesting and wide-ranging debate. I have spoken for long enough and I hope that I have managed to reassure my hon. Friends in both parts of the coalition and Opposition Members. I hope that on the basis of the assurances I have given, hon. Members will feel able to withdraw their amendments.

[Ian Mearns]

With your leave, Ms Primarolo, I am happy to withdraw the amendment and to defer to the amendments that are put at the appropriate time later. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Mr Iain Wright]

I beg to move amendment 20, page 1, line 22, at end insert—

(za) if the school is an additional school, the school meets a proven need for additional capacity in the area in which the school is situated;’.

Academies Bill [Lords]

Ian Mearns Excerpts

Monday 19th July 2010 Commons Chamber

[Ed Balls]

That is a very interesting suggestion, and if an amendment to that effect is tabled, we will look at it. I am all in favour of parent power. What the Secretary of State is doing, however, is cutting parents out of the equation entirely; he is leaving it entirely to the head teacher, the chair of governors and himself. There is no parent voice at all in this Bill. That is why I am very fearful, and that is why I believe that this Bill is the biggest threat to our comprehensive state education system in the post-war period.

We will table amendments to ensure that local authorities maintain their role in education as guarantors of fairness and of the public interest—as set out in the very Education and Inspections Act 2006 that the Secretary of State likes to quote from.

[Ian Mearns (Gateshead) (Lab)]

On 5 July, I asked the Secretary of State where his much-touted expressions of interest had come from—chairs of governors, head teachers or full governing bodies. The answer I received was that that information is not included in the form that is sent out to schools. In other words, these expressions of interest could have come from the caretaker’s cat. We do not know exactly who they have come from in order to arrive at the figure of the 1,800 schools that, apparently, have expressed an interest in academy status.

[Ed Balls]

I am afraid that I can give no guidance or enlightenment to my hon. Friend on that. We read in The Times this morning that only 50 schools will be going for academy status, rather than the thousands we were told about a few weeks ago. If my hon. Friend is thinking of putting down a question to the Secretary of State, he should not hold his breath. In my experience, answers are not very forthcoming.

It is clear that, whether we are talking about funding, fairness, standards, accountability, the role of local authorities, social cohesion, the role of free schools, existing schools becoming academies or the incentives for collaboration, there are massive questions, none of which were addressed—as always—in the Secretary of State’s speech, but which must now be scrutinised in Committee in just two or three days on the Floor of the House. It would not surprise me at all if we end up with statements on Wednesday, Thursday and the following Monday in order further to constrict that time.

I have to say to the hon. Member for Southport (Dr Pugh) that I cannot believe that the Liberal Democrats are allowing themselves to be led through the Lobby to support this Bill. They face a very important choice. Interestingly, the Secretary of State’s deputy, the hon. Member for Brent Central (Sarah Teather), is not availing herself of the opportunity to sum up this Bill tonight. She is leaving it to the hon. Member for Bognor Regis and Littlehampton (Mr Gibb), presumably because, having described this policy as a complete shambles, she does not fancy having to defend it on the Floor of the House. The right hon. Member for Yeovil (Mr Laws) described this policy as “dotty”, and in their own manifesto the Liberal Democrats said:

“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”.

So their manifesto actually said—

--- Later in debate ---

[Dr Pugh]

The shadow Minister has the advantage of me. I do know that there are a number of studies of charter schools in the United States, and that some are for and some against. The meta-analysis is inconclusive. It does not show that charter schools necessarily produce the wholesale educational improvement that the Secretary of State mentioned in his contribution.

There is no evidence that schools with all their current freedoms—and the ordinary council school has much more freedom than it ever used to have—feel oppressed rather than supported by local authorities. However, as has been said several times today, there is ample evidence that they are sick to death of the bureaucratic overload imposed by the Department and Ministers. It is downright shoddy and unfair to suggest that schools can be released from the bullying and bossiness of central Government only if they break their relationship with the local authority. It is dishonest to suggest that academy status is about addressing underperformance, when it is those who overperform who are to be fast-tracked and those in the leafy suburbs who are most likely to apply.

[Ian Mearns]

Does the hon. Gentleman agree that, in regard to the other part of the coalition, the cat is out of the bag, in that some Conservative Members regard academy status as grant-maintained status reinvented, and as a sort of promised land towards which they have been working? Part of the underlying problem is that, with money for services such as special educational needs, and school improvements in particular, being dragged back from local education authorities, schools that are already regarded as outstanding and excellent will be taking from local authorities money that would otherwise be used to improve other schools, which there will no longer be the capacity to do.

[Dr Pugh]

To a certain extent, it seems to be a case of “to those that have, shall be given”. It is also highly unlikely that parents in the most deprived areas, where attainment is low, will have the skills, the capacity or the conviction to set up their own schools. Free schools will probably be created elsewhere, in areas that are already stocked with quite decent and reasonable schools.

Even if we can force ourselves to ignore the slim evidence and the implausibility of some of the arguments, we should not blind ourselves to the risks involved. Those risks have been mentioned here and in the other place. They include the risk of a two-tier education system—the word “apartheid” has been used—and the risk of knock-on consequences for other schools. A number of Members have also mentioned the risks to special educational needs and support services. I also invite Members to inspect the Bill’s treatment of charity law, which could create the risk of profiteering skewing schooling at some time in the future. There is also a risk of diminished public accountability for a public resource, and an enormous risk in the current circumstances, with the £150 billion deficit, that we might lose economies of scale and consequently spend more money to less effect. Furthermore, we might have to bear the huge capital cost of providing extra buildings while underusing the present buildings in an anarchic, unplanned education market.

Schools Funding

Ian Mearns Excerpts

Wednesday 7th July 2010 Commons Chamber

[Michael Gove]

I am grateful to the hon. Gentleman for making that point. In my statement, I made it clear that I would be grateful if hon. Members would ensure that any information they had that pointed to inaccuracies was put to me, and I am very happy to discuss that. Following the questions and points of order that have been raised by Opposition Members, my Department has insisted on looking at all the information that has been placed in the public domain in order to check it for accuracy. That is why I have come to the House today to make this statement. I believe that about 25 schools were miscategorised. I think that the shadow Minister, the hon. Member for Gedling (Vernon Coaker), indicated in the question that he asked that that was around the figure that he had identified as well. With other schools that were listed, there were clerical errors—for example, the date of opening was not accurately recorded—and for that I apologise.

[Ian Mearns (Gateshead) (Lab)]

I am not really sure about this, Mr Speaker, but is the Secretary of State saying that the list that was put in the Vote Office this afternoon is not accurate? I understand from my hon. Friend the Member for North West Durham (Pat Glass) that a school that is listed as in her constituency actually is not in it.

[Michael Gove]

It is my belief that the list we have placed in the Vote Office is accurate. I know that there was particular confusion regarding schools in Durham in the first list that was issued on Monday, but we have sought to clarify that and I believe that it is now correct.

Industry (Government Support)

Ian Mearns Excerpts

Wednesday 16th June 2010 Commons Chamber

[Ian Mearns (Gateshead) (Lab)]

The Secretary of State mentioned the due diligence being conducted on particular projects. The Prime Minister has referred to Lord Mandelson going round the country with a massive cheque book, handing out hundreds of millions of pounds, two thirds of which he said went into Labour marginal constituencies. Will the due diligence also involve taking a close look at where that money is being spent, particularly where those Labour marginal seats are now held by members of the coalition parties?

[Vince Cable]

Yes, indeed; we are looking at all the projects in a completely practical way. As I said, some of them are good, and some of them are not. It is as simple as that.

--- Later in debate ---

[Harriett Baldwin (West Worcestershire) (Con)]

It is a pleasure to take part in this Opposition day debate on Government support for industry. It was a great pleasure to hear the maiden speech of my hon. Friend the Member for Bracknell (Dr Lee). I also heard the maiden speeches of the hon. Members for Bolton West (Julie Hilling) and for Wansbeck (Ian Lavery). I apologise for having to leave the Chamber, as I had been invited to tea by Mr Speaker, and that is why I sadly missed the maiden speeches of the hon. Members for Barnsley East (Michael Dugher), for North West Durham (Pat Glass) and for Middlesbrough South and East Cleveland (Tom Blenkinsop), but I look forward to reading them in Hansard. It has been delightful to hear so much about the north-east in today’s debate. In 2005, I fought Stockton North, and, as they say, Stockton North fought back. However, I do know what a delightful part of the world the north-east is.

I speak as someone who has worked in the private sector for the past two decades—my whole career thus far has been in the private sector. In those two decades, I have survived both boom and bust and all types of economic cycle. I have been through the cycle in which one hires additional people, the cycle in which, sadly, one has to let people go, the cycle in which one invests heavily in training, research and development, and the cycle in which one markets and exports products overseas, so one travels to explore overseas markets. I learned in those two decades that businesses have to be adaptable to thrive and survive. I also learned that Governments do not create wealth. Governments do not invent new products or start new businesses and cannot tell which businesses will survive or thrive. However, I strongly agree with the Secretary of State’s comments at the beginning of the debate that the Government have an important role to play.

There are signs that the Labour party is beginning to understand that Governments do not create wealth. Last week, the former Labour City Minister, Lord Myners, said:

“There was flawed thinking about job creation in the past. I found it very frustrating to sit in meetings with some of my fellow Ministers talking about creating jobs in the green economy and biotechnology. The Government cannot create jobs.”—[Official Report, House of Lords, 8 June 2010; Vol. 719, c. 625.]

Lord Myners is right. Across the world, and throughout history, economic recoveries are almost invariably led by small business creation and by the jobs created by those small businesses as they grow and become successful.

Against that background, I would like to consider Advantage West Midlands, the regional development agency that covers both my constituency and that of the shadow Secretary of State, the right hon. Member for Wolverhampton South East (Mr McFadden). I have been surveying my local businesses recently about how they perceive Advantage West Midlands. Their reactions are mixed. Some of the bigger businesses have had a very positive experience of working with the regional development agency. However, some of the smaller businesses, which the Federation of Small Businesses represents, have found it difficult to negotiate a way into the large regional organisation that is the regional development agency. As it is the small businesses that create the large part of the jobs that bring us out of recessions, it is vital that we get better at signposting that help to small businesses.

According to the annual report of Advantage West Midlands for 2008-09, which covers the worst period of the recession, its budget peaked at £330 million, which I think we would all agree is substantial. With that budget, it was able to create or safeguard 16,997 jobs. I worked that out to be approximately £20,000 per job—quite a high level of subsidy. The Labour Government cut this year’s budget of Advantage West Midlands to, I think, £270 million, and so far it has created about 4,000 jobs, but let us assume that that annualises out to about 8,000 jobs—a cost of well over £30,000 per job.

In 2008-09, the key inward investment achievement was the expansion of Deutsche Bank into Birmingham, which created 300 jobs. Perhaps my hon. Friend the Member for Bromsgrove (Sajid Javid), who is not unfamiliar with that organisation, will be able to find out whether Advantage West Midlands was the deciding variable in Deutsche Bank’s decision, or whether the expansion might have happened anyway.

Management costs and the implementation of the myriad different initiatives and programmes used a considerable proportion of Advantage West Midlands’ annual budget. The salaries of the chief executive, the director of resources, the director of operations, the director of strategy and communications, the director of economic development and the director of economic regeneration are all similar to, or higher than, that of the Prime Minister. If that management structure is replicated in all eight regional development agencies and the London Development Agency, it is likely that many of the front-line funds destined to play their role in helping business and industry are being rather diluted by the high cost of implementation.

The Government have an important role to play in helping business and industry. I believe that they should focus on the creation of excellent infrastructure, on keeping the Government’s own borrowing costs down so that interest rates remain low, and on an attractive taxation environment for both start-ups and inward investment. That is how we can compete with countries such as Singapore and Portugal, which were mentioned earlier.

[Ian Mearns]

I welcomed the hon. Lady’s comment about the number of Members from the north-east of England who had spoken today. Obviously, when it comes to our region and our regional development agency, our perspective is very different from that of many Conservative Members. As was pointed out earlier, geography is an important factor.

In the north-east, one of the magnificent benefits of the RDA has been its fantastic “Passionate People, Passionate Places” tourism regime, which has received national and international acclaim and has massively boosted the tourism industry in our region. That is vital to us, given that the nearest capital city to Tyneside, for instance, is Edinburgh, 100 miles to the north. The amount spent on tourism per head of population by the Scottish Government is significantly greater than the amount spent in the north-east of England. That is the market in which we have to compete. We are peripheral to the English economy. I welcome what the hon. Lady has said about strategy and infrastructure, because it is vital to the integrity of the regional economy.

[Harriett Baldwin]

I love visiting the north-east. I wish that the weather were a bit better for the beaches, but it is a gorgeous part of the world.