John Pugh
Main Page: John Pugh (Liberal Democrat - Southport)Department Debates - View all John Pugh's debates with the Department for Education
(13 years, 9 months ago)
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Dr John Pugh (Southport) (LD)
I beg to move amendment 8, page 3, line 11, at end insert—
‘(1A) In the case of a member or members of a governing body objecting to an application under subsection (1), there shall be a ballot of the parents of children enrolled at the school, subject to regulations laid down by the Secretary of State.’.
The First Deputy Chairman of Ways and Means (Mr Nigel Evans)
With this it will be convenient to discuss the following: Amendment 78, page 3, line 11, at end insert—
‘(1A) Before making an application for an Academy order, the governing body shall consult relevant parties on whether to make such an application.
(1B) The Secretary of State shall issue guidance as to how governing bodies should conduct such a consultation with parents, pupils, teaching and non-teaching staff and their representatives, neighbouring schools and the local authority and such other parties as he may think appropriate and such guidance must also specify the information to be made available to consultees in relation to the proposed arrangements for Academy status.’.
Amendment 4, in clause 5, page 4, line 11, leave out ‘such’ and insert—
(a) the local education authority,
(b) the teachers at the school,
(c) the pupils,
(d) the pupils’ parents,
(e) such persons as in their opinion represent the wider community, and
(f) such other’.
Amendment 18, page 4, line 11, at end insert ‘including the local authority for that area.’.
Amendment 77, page 4, line 14, leave out ‘may take place before or after an Academy order, or’ and insert ‘must take place before’.
Amendment 9, page 4, line 14, leave out ‘an Academy order, or’.
Amendment 86, page 4, line 14, leave out subsection (3).
Amendment 10, page 4, line 15, at end add—
‘(4) Consultation on Academy status should not be led by any member of a governing body who may benefit financially as a result of conversion to Academy status or whose salary, terms or conditions may be affected by such conversion.’.
New clause 1—Reversion of Academies to maintained status—
(1) This section applies to any former maintained school which has been converted into an Academy under section 4.
(2) The governing body must make arrangements for the holding of a ballot of parents under this section if at least 10 per cent of the parents of pupils at the Academy request it to do so.
(3) The purpose of a ballot under this section is to determine whether the parents of pupils at the Academy want the Academy to be converted into a maintained school.
(4) If the result of the ballot is in favour of conversion, the Secretary of State must—
(a) revoke the Academy order, and
(b) take such other steps as he considers necessary to convert the Academy into a maintained school.’.
Dr Pugh
When were elected this May—God, it seems years ago—we all knew that there was some prospect that politics in this place might never be quite the same again. Many of us, frankly, welcomed that. The huge and welcome influx of new Members gave us all hope that things could possibly be different. That, along with the odd arithmetic of this place and the challenging nature of the country’s problems, seemed to dictate that the way ahead would be through rational consensus and for a while—all too short a while—it appeared that tribalism and command-and-control politics were dead; the Chamber and Committees would be important and policy would have to be evidence-led, much to the disappointment of the media, whose preference is always for a good scrap.
What do we have with amendments to the Bill, however? We have the spectacle of Ministers who have already told us that they will accept no amendment, period, and the sight of Whips new and old cracking their knuckles off-stage and perfecting basilisk-like stares in the mirror, persuading people not to vote for amendments such as amendment 8 and others that, it could be argued, align with the spirit and improve the detail of the Bill. Paradoxically, they are doing that because they assume that is how coalition politics work. I say paradoxically, because the amendment-denying Ministers in front of us, whose agents the Whips are, seem to be the most mature, civilised and benign advocates of the new politics. I personally cannot associate myself with the recent comments made by my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron); nor can I afford to drink in the Boot and Flogger. I am simply moving an amendment with which the Committee should be comfortable and, frankly, which any Member of any party can and should be free to support.
In the event of a governing body being divided, amendment 8 obliges a school to hold a ballot if a governor or a minority of governors object to an application for academy status. It therefore provides a restraint on a motivated group of governors misrepresenting or riding roughshod over parents’ wishes.
Mr Evans, you might recall that under Mrs Thatcher, in the Education Reform Act 1988, a parental ballot was an essential precondition of the change to grant-maintained status in any school. There were votes across the country on those matters. Sadly, subsequent Governments seem to have lost interest in the views of parents and, in my view, have disempowered parents, with one exception. Tony Blair insisted that the change from grammar school status required a parental ballot and that condition survives and is effectively incorporated in this Bill.
Can anyone in this Chamber give me an argument for why grammar school parents should be balloted before the status of their school changes and parents of children at other schools should not? I am at a loss to find such an argument. Why should grammar school parents have a right that primary school parents, comprehensive school parents and special school parents do not have? Will anyone agree with the former and present me with a good argument for voting against the latter?
Andrew Percy (Brigg and Goole) (Con)
Presumably, the reason is that a change from grammar school to non-grammar school involves a change in admission arrangements for the cohort coming in the new year. With an academy, the admissions code remains the same and all that effectively happens is that the school organisation changes.
Mr Mike Hancock (Portsmouth South) (LD)
Does my hon. Friend accept the suggestion that there are to be no ballots because most of them might be lost if parents knew all the facts? That situation is being avoided simply by not making provision for a ballot in the first place.
Dr Pugh
My hon. Friend suggests a cynical intention on the part of Ministers and I hesitate to endorse that. People must reach their own conclusions as to whether such an intention is present.
Is anyone going to give hon. Members a good reason to vote against my amendment, which would not even give parents the same rights as the parents of children at grammar schools but would be conditional on a governor objecting to proposals? I cannot for the life of me see why anyone would vote against it, but I suspect that nearly 300 will.
Let me be clear that I have no prejudice against grammar schools. I went to three of them—expelled from none, I hasten to add—and I taught happily at an ex-direct grant, independent school for 15 years. I am agnostic about educational structure and this is just a matter of logical consistency. In our debates on this issue, the hon. Member for Epping Forest (Mrs Laing) has called on the Opposition to
“acknowledge that parents should be the people who have the greatest say in their children's education”.—[Official Report, 19 July 2010; Vol. 514, c. 43.]
The hon. Member for Peterborough (Mr Jackson) has accused Labour of not trusting people
“with the education of their own children.”—[Official Report, 19 July 2010; Vol. 514, c. 118.]
And the Minister has claimed that he wants to ensure that parents are “happy with the quality” of educational provision. The hon. Member for Altrincham and Sale West (Mr Brady) has assured us that
“the Conservative Front-Bench team takes the view that parents should have more choice”.—[Official Report, 21 July 2010; Vol. 514, c. 444.]
They are all wise and experienced politicians who must know, as we all do, that governing bodies can sometimes splinter, be out of touch or be monopolised or taken over by cliques, particularly given the current chronic shortage of governors nationally; it is quite difficult to get people to become governors. Governing bodies also can and might misread parental opinion.
There is a general concern, which I share, about people who are temporarily and contingently nominated as the governors of a state school being entitled unilaterally to change the status of an asset that is paid for and financed by the whole community without the consent of that community or its elected representatives. Setting that concern aside, however, changing the status of a school without allowing the parents of children at the school a decisive voice is extraordinarily hard to justify, especially given the discretionary and entirely unspecific nature of the consultation arrangements in the Bill. The only motive that I can see for opposing my amendment, other than the dishonourable motive that my hon. Friend the Member for Portsmouth South (Mr Hancock) has suggested, is a relative indifference to parental wishes.
Mr Hancock
Does my hon. Friend agree that if the possibility of a ballot taking place arose, it should not be just the parents of children at the existing school who were allowed to vote? It would have to be wider than that and take in the parents of children in feeder schools, as they would be the major beneficiaries, and if not them, the wider community as a whole. As we have argued time and again in our debates on this issue, secondary schools are a focal point in many communities and offer more than the teaching of children.
Dr Pugh
I am arguing simply that we should be at least as permissive as Baroness Thatcher was in 1988. My hon. Friend argues that we should be more permissive, but the Government are arguing, and anyone who votes against my amendment will clearly be convinced by that argument, that we should be less permissive.
Amendment 9 would delete the words “an Academy order, or”, the effect of which would be to ensure that consultation on academy status would have to occur prior to the order being made. It is good common sense and, in essence, it is supported by the Chair of the Education Committee. As he said on Second Reading:
“The Government’s concession in clause 5 at least makes governing bodies consult those whom they deem appropriate, but it is blunted by the fact that they do not have to do so prior to applying to the Secretary of State and because they can do so even after they have been issued with an academy order. Those consulted in such circumstances would have good grounds for feeling that they were participating in a charade.”—[Official Report, 19 July 2010; Vol. 514, c. 49.]
I do not think that it is our business in this place to encourage charades.
I am aware that, from time to time, it suits Members to parody, simplify and stereotype their opponents. The last Government are characteristically portrayed by the current Government as an unmitigated disaster and, in return, Labour Members portray the Government as an unmitigated evil. If people want to live in a world of hyperbole, that is fine—if a little wearisome—but let us conduct a simple thought experiment. Let us imagine a Government—any Government—different from ours, who propose to allow a public institution to change its character. They agree that the institution must consult people about the change, but they allow consultation only after the irreversible change has happened. Would Members back such a Government? Would they applaud them? What would be the point of consultation? What would that process do for public cynicism about public service consultation—already significantly eroded by the pseudo and sham consultations organised by the previous Government? But on the coalition side of the Chamber, how many quotes—showing our previous attacks, time and again, on sham consultation—do we want dragged up and used against us? At least those consultations did not take place after the event. Why do we want to invite comparison with the twisted politics of a communist plebiscite?
Is the only reason why we support the provision that the Government are proposing it? I notice that no one has said that post-hoc consultation is a cracking idea. It cannot be a case of “my Government right or wrong”. That is not a good basis for a working democracy. It will not help the Government if we vote for indefensible nonsense. It will not help the Government if we vote, but compromise our beliefs in the process. Inconsistency and duff arguments will not help the coalition in the long or short term.
Amendment 10 is genuinely probing. It makes the obvious and, for me, slightly unkind point that the last time schools were given greater financial freedoms under local financial management, which I have always supported, nearly every governing body was presented with a paper from the headmaster showing that his salary should go up because the headmaster down the road would be getting a significant increase. We saw salary inflation across the headmaster class, so headmasters may have something to look forward to from new academy status. Of course, they may not think in those terms, and I am sure that the majority do not, but the point is pretty obvious to all of us—imagine asking MPs to consult on a change that might possibly result in improved salaries. The concept of declaration of interest has some relevance in these provisions, so it is important that consultation is led by those who have none.
I acknowledge that I have not shown a lot of enthusiasm for the Bill, but despite that and despite my doubts as to its cost and effects, I am not seeking to derail it. I do not wish to cause trouble. Free schools and academies are in the coalition agreement. All I hope I have done is to make a case for good sense, which I think most people are up for, the primacy of the Commons Chamber, which I think most of us support, and the right of parents to be taken seriously. I hope rational beings on both sides of the Committee will see their way to supporting the amendment.
Caroline Lucas (Brighton, Pavilion) (Green)
I want to speak to new clause 1, on the reversion of academies to maintained status, and amendment 4, on consultation on conversion to an academy. I shall concentrate the majority of my remarks on new clause 1, and will speak only briefly to amendment 4, as consultation has been pretty much covered in our previous debates.
I tabled new clause 1 because there is no provision in the Bill for academies to revert to maintained status. That means that all the potential problems that the Bill would permit—such as restrictive curriculum, discriminatory admissions and employment policies—would be made permanent at the point of conversion. The Government admit that problems are likely. I have cited this before, but it bears repeating that the Minister responding for the Government in a debate in the other place stated:
“I fully accept that if you trust people things do go wrong, but that is the direction that we want to try to go in.”—[Official Report, House of Lords, 7 July 2010; Vol. 720, c. 299.]
It beggars belief that the Government would not want to guard against certain things going wrong, so is it really necessary to give schools complete freedom over admissions, curriculum and employment just to show that the dedicated people running our schools are trusted? I would argue not. The public are funding these schools, so on their behalf we must ensure that children are protected from indoctrination, that they are taught key subjects and that their staff are fairly treated. But given the Bill’s failure to make proper consultation mandatory when schools convert to academy status, it is crucial to have a mechanism for parents to say that they want their schools to revert to maintained status if, as an academy, things do go wrong.
The Government want academies to be like private schools funded by the state, yet if things go wrong at a private school, parents have more recourse than parents of children at an academy as envisaged in the Bill. For example, if a private school behaves in a way that a parent does not like, the parent can stop paying the fees, withdraw their child or pay for their child to go somewhere else. There is no comparable control in the Bill for parents of children in academies. For example, it may well not be practical or possible for there to be the surplus capacity necessary for children to be pulled out of one academy and be sent to the next state-funded school of choice.
If parents see things going wrong in schools and believe that the Government’s complete trust has been misplaced, surely they should be able to do something about it. The amendment is designed to provide a remedy to parents as a group—if, for example, an academy failed to teach key subjects or sought to impose religious beliefs on pupils. The amendment means that where 10% of the parents of pupils at an academy request it, the governing body must make arrangements for the holding of a ballot of parents to determine whether they want the academy to be converted back into a maintained school. If the Government are in favour of decentralising, as they constantly say they are with their big society rhetoric, why do they not want to let parents have the power to act if they decide that an academy is not better and if they want the school to go back to being a maintained school?
Dr Pugh
The right hon. Gentleman is sketching out various alternatives to a more democratic arrangement. I understand his argument, but is he not also making an overwhelming argument not to proceed in September? All the things that he asks parents to do cannot be done, because the parents are on holiday and the school is shut.
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.
Dan Rogerson
As a seasoned political campaigner, the hon. Gentleman is well aware of the possibilities that are open to anyone at that point.
Dr Pugh
I do not want to accuse the hon. Member for East Antrim (Sammy Wilson) of complete nonsense, but the gist of amendment 8 is a procedure for dealing with an objection. If a governor disagrees, there would be a ballot. The ballot would decide on that objection, and that would be the end of the matter. The hon. Gentleman said that a governor could keep the debate going for ever, but they cannot do so. That is not what the amendment proposes.
Dan Rogerson
My hon. Friend is right that amendment 8 sets out such a procedure, but the question is whether we should adopt it and whether it will allow everybody who might want a ballot to trigger one.
Dan Rogerson
We are moving into uncharted territory with the suggestion of motions of no confidence in head teachers and legislating on that point. It is an interesting point.
I hope that the Minister can tell us how the consultation process will be supported and how it can move forward. I hope that he can reassure the Committee—as those in the other place were reassured—that consultation will be meaningful and allow everyone to have their say. Hon. Members have already raised concerns about the time scale over the summer for those who wish to take early advantage of these measures, and there are schools which do want to take this route. I would be interested if the Minister could say how we can ensure that that consultation is meaningful in those instances.
Amendment 9 is an important one in the context of consultation. It is possible to have that consultation after the application has been made. Amendment 9 would require the consultation to take place between the application and approval by the Secretary of State. It is fair to say that there may have been some discussions already between the Secretary of State and the Department and the schools that started this process before the Bill was introduced. It is possible theoretically therefore that approval could be given quickly. The amendment would narrow the window for consultation between the application being made and being granted by the Secretary of State. If that happened in a short space of time, there would be no time for consultation. We need the consultation to be able to proceed until the signing of the final agreement, which is the agreement that creates the academy and concludes the process.
Dr Pugh
Does it not follow that trying to get academy status by September must be nonsense? Can my hon. Friend sketch out an indicative timetable that includes application, the funding agreement—which is irreversible—and, somewhere in the middle, consultation, bearing in mind that it is only six weeks until September?
Mr Gibb
I am grateful for that intervention, as it enables me to repeat that the deal is not done until the funding agreement is signed. That has always been the case: it was the case under the previous Administration and it is the case today. It is the funding agreement that is key.
Let me turn my attention to amendments 78, 4 and 18, which seek to prescribe with whom the school must consult. The Government believe that the individuals who lead schools—the governors and the head—are best placed to make decisions about their schools. They are the ones who know the local area, the local circumstances of the school and how it relates to other schools in the area. We do not intend to be prescriptive over whom schools should consult, as schools will have different views and the level of information they want or can make available at the time of consultation will depend on the point at which they do it. If they consult at the very beginning of the process, they may consult only on the principle of conversion itself. If they consult at a much later stage, they may want to consult on a wide range of additional matters—the curriculum, governance arrangements or a specialism for the academy, for example—on which they may by then have firmer views.
We trust the school to determine how to consult and whom to consult, and we do not intend to provide an inflexible checklist, which would not, in itself, ensure that consultation were any more meaningful. This includes consultation with the local authority, as amendment 18 would require. We do not intend to give local authorities a role that could, in some areas of the country, undermine the Government’s policy—as we know, this has been the case in the past. We do not want to provide local authorities with an opportunity to delay or frustrate applications via the consultation process. The Department’s website, as I mentioned earlier, includes guidance on good consultation practice.
New clause 1, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), would allow schools that have become academies to return to maintained status if 10% of the parents of the pupils at the academy vote in favour of it. Of course, the academies programme is about freedoms and lack of prescription, so an academy could choose, if it wished, to run itself like a maintained school. The academy could willingly act in such a way that for all intents and purposes, it would be a maintained school, operating with all the restrictions and requirements that apply to them—including the academy buying back services from the local authority and choosing not to use its curriculum or staffing freedoms. Therefore there would be no need for it to change its status for it to be run in a way that is equivalent to a maintained school.
We expect all schools that apply to become an academy to be fully committed to the academies programme. Before becoming an academy, the governing body of the predecessor school will have taken account, as I have said on numerous occasions, of the views of the parents and pupils at the academy.
Let me deal briefly with some of the comments made during the debate. My hon. Friend the Member for Southport (Dr Pugh) raised the issue of the new politics, which he said that he, like me, supports. I believe that the coalition involves discussion, concessions and change, which we have seen during the passage of the Bill. The coalition is delivering the kind of politics demanded by the public. Today, the coalition has delivered its promise to introduce a pupil premium. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather) has today tabled a written ministerial statement announcing a consultation process on the implementation of the pupil premium.
My right hon. Friend the Member for Wokingham (Mr Redwood) took us back to the halcyon days of Lady Thatcher, which I know he likes to do from time to time, as do we all. My right hon. Friend is absolutely right that we need to trust teachers and head teachers and that we need to give parents a genuine choice that will serve as a powerful force to raise standards.
My hon. Friend the Member for North Cornwall (Dan Rogerson) is right to point out that it is the funding agreement that is the key and the binding moment in the conversion process towards academy status. Schools wishing to convert in September had to apply by 30 June and we expect that those schools most keen to convert in September will already have embarked on consultation. That is what the Department has advised. There is nothing to stop such enthusiastic governing bodies from continuing to consult through July and the summer holidays, and it is inconceivable that they will have kept such matters from parents, when parents are represented to the tune of one third of governors on such bodies.
My hon. Friend the Member for Brigg and Goole (Andrew Percy) is absolutely right that the governors of a school, particularly the parent governors, take their responsibilities very seriously. They care deeply about the school and would not take forward the process of acquiring academy status without taking into account the views of the community, whether or not a particular part of the community were represented on the governing body.
The hon. Member for Wigan (Lisa Nandy) made the important point that schools are at the heart of the local community, and we agree that they should be, which is why the funding agreement specifically states that academies should be at the heart of the community and share facilities with it. She also raised the issue of the risk to governing bodies of a legal challenge, but clause 5(1) requires them to consult those people whom they think appropriate, and to a large extent, therefore, it is up to the body to decide whom it should consult. Provided that its decision is reasonable, it is unlikely to face a legal challenge.
The hon. Member for Gedling asked for the number of schools that have applied. Those that want to convert in September must have applied to do so by 30 June, but that does not mean that others will not also have applied by that date, and we do not believe that all those that have applied will necessarily be in a position to convert by September. We want to ensure that the process is right, and we will not allow conversions until all issues have been resolved.
The hon. Gentleman also asked where we are with the TUPE negotiations. Employers of staff at schools seeking to convert will be at different stages, depending on when they intend to convert, but TUPE requires the consultation on the transfer of employment to be sufficient, and it will apply outside the Bill in any event. Any proposed September convertors will have been advised to begin a TUPE consultation some time ago, at the outset of their consideration of the application.
Finally, the hon. Gentleman asked about the details of the academy order. It will state that a named school will convert to an academy on such date as is specified in the funding agreement. It is a very short document, and with those few remarks I urge hon. Members and my hon. Friends, when asked, to withdraw their amendments.
Dr Pugh
I shall say a few words before putting amendment 8 to the vote. Ministers have been fairly quiet throughout the large part of this debate, and I cannot be alone in sensing a certain embarrassment about some aspects of this legislation and the manner in which it has been pressed.
My hon. Friend the Member for Portsmouth South (Mr. Hancock) said to me during my earlier contribution that the real reason for weak consultation and no balloting is that it is all about making the establishment of academies easier, and at the time I said that that was uncharitable. Having listened to the counter-arguments, however, I am not sure that he was not after all right and me a little naive.
The ministerial argument against ballots was that they would politicise, but one does not need to be very bright to realise that that is a general argument against any ballot, any time, any place. The right hon. Member for Wokingham (Mr. Redwood) suggested that we would know the parental view from informal soundings, and to some extent that is correct, but he was unable to explain how that could happen before September, when schools are closed for the holiday. Indeed, if that is such a good, sure-fire method, why do we persist with ballots before changing a grammar school’s status? People were completely unable to answer that, or why primary, secondary and special schools should not have the same privileged legal position.
No one answered the comments from the hon. Member for Beverley and Holderness (Mr. Stuart), the Chair of the Education Committee, even though they were repeated. I shall repeat them again: he described the consultation arrangements as appearing like a charade. I recall working for a boss who used to listen to his heads of department, gather them all around, very carefully solicit their views and conclude by saying, “I hear what you say.” After that, he would do precisely what he wanted to do in the first place.
The hon. Member for Brigg and Goole (Andrew Percy) suggested that parents will be able to vote not necessarily by ballot but with their feet. I describe that as the Burmese school of democracy: “If you don’t like it, you can get out and go somewhere else.” He was quite right that governors generally and usually have a good awareness of and good contact with parents, and that they are likely to know quite a lot about how they might feel and react, but the clear point is that that is not invariably the case. Were it invariably the case, every grant-maintained ballot would have been won, but many were lost. Indeed, the hon. Member for Sefton Central (Bill Esterson) and I come from an area where all the grant-maintained ballots were lost.
If Members wish to disempower parents, if people in this Chamber genuinely believe in post hoc consultation, and if they object to rational amendment in the Commons, they should vote against my amendment. I can do nothing about that, but if they think differently I should like them to agree to amendment 8.
Question put, That the amendment be made.