Education Bill

Lindsay Hoyle Excerpts

Wednesday 11th May 2011 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Government new clause 21—Charges at boarding Academies.

New clause 1—Tackling educational underachievement—

‘(1) The Secretary of State may, by order, in circumstances where an existing school has for the preceding two years or for three of the preceding five years failed to meet or exceed the “National Floor Standards”, disapply any provisions of the Academies Act 2010 to facilitate the making of an academy under section 4 of the Academies Act 2010 (Academy orders).

(2) For the purposes of this clause the term “National Floor Standards” means standards of educational attainment and progress of pupils established from time to time by the Secretary of State and in place at the time of the order and which may be applied retrospectively for the purposes of this section.’.

New clause 13—Schools Causing Concern and disapplication of the Transfer of Undertakings (Protection of Employment) Regulations 2006—

‘(1) The Academies Act 2010 shall be amended as follows.

(2) In section 4, at end insert— “The Secretary of State may by order disapply the Transfer of Undertakings (Protection of Employment) Regulations 2006 when making an academy order under this section if the school is eligible for intervention (within the meaning of Part 4 of the Education and Inspections Act 2006).”’.

New clause 19—Purchase by academies of places for pupils aged 14 at a private school—

‘(1) An Academy may apply its funds for the purpose of purchasing a place at a private school for a relevant pupil for the whole or part of the pupil’s remaining school career.

(2) For the purposes of this section, a relevant pupil—

(a) is a pupil on the school roll of the Academy; and

(b) is aged 14.’.

Government amendments 34, 35, 38 and 39.

[Mr Gibb]

I shall also speak to Government new clause 21 and Government amendments 34, 35, 38 and 39.

It is a delight to return to scrutinising the Education Bill after 22 pleasurable Committee sittings.

--- Later in debate ---

[Mr Gibb]

The issues were raised in Committee, and these are technical amendments—they are about getting the wording of the provisions right. These things could have been done in a more cumbersome way, but we decided to deal with them in the Bill, so that the provisions are made simpler for people who read it. There is no policy difference between what we discussed in Committee and what is set out clearly in the White Paper.

Government amendment 39 is even more technical. It seeks to correct a missed consequential amendment in the Bill. It removes a reference in section 77(3) of the School Standards and Framework Act 1998 to section 77(4) because, if the Bill is passed, paragraph 17(4) of schedule 14 to the Bill will remove subsection (4) from section 77, so we do not want any references to section 77(4) in the Bill. I urge hon. Members to support the Government amendments and new clauses.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Mr Andy Burnham.

[Andy Burnham (Leigh) (Lab)]

Thank you, Mr Deputy Speaker.

Labour’s main objection to this Bill is with how it takes power off parents and pupils—[Interruption.] Have we moved on to the amendments about admissions, Mr Deputy Speaker?

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[Mr Deputy Speaker]

No, we are dealing with the whole of the first group.

[Andy Burnham]

Then I think that you should have called Kevin Brennan instead.

[Mr Deputy Speaker]

I did ask the Whip to check. I call Mr Kevin Brennan.

[Kevin Brennan]

Sorry about that, Mr Deputy Speaker. Of course I would never interrupt my boss in mid-flow—we know the consequences of that sort of thing.

The Opposition do not have any fundamental objections to the Government amendments and new clauses. We merely seek to question, as my hon. Friend the Member for Sheffield, Heeley (Meg Munn) has done, the late stage at which they have been introduced, because we are now on Report.

I have asked the Minister some questions about how each PRU’s budget share will be calculated, and he has given half an answer. I wonder whether that calculation will be done on the same basis as that for a special school, where the majority of funding goes on the basis of places and not on occupancy, unlike in mainstream schools. When Labour produced a White Paper on this very subject, we gave more examples of where that is already happening.

The Minister has confirmed that new clause 21, to which he has referred, will not give a blank cheque to independent boarding schools seeking to become academies that will enable them to charge excessive fees and that it will be up to local authorities to decide whether it is appropriate to support pupils in such a way. He is absolutely right that there are circumstances in which it is appropriate for pupils to be supported in boarding provision by the state. In some cases, that is entirely appropriate, but it is important that we should have safeguards in place to ensure that there is no blank cheque for independent schools that are seeking to become academies, and the Minister sought to reassure me on that.

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[Mr Frank Field]

On a point of order, Mr Deputy Speaker. I am not pressing my new clause, even though the Minister could have had his speech written for him by old Labour, which I think will be noted. I wish for the proceedings to go forward as expeditiously as possible.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

As amusing as that may be, it is not a point of order.



New Clause 2

Admissions policy of independent schools opting for Academy status

‘(1) Section 6 of the Academies Act 2010 (effect of Academy order) is amended as follows.

(2) In subsection (4) (definition of “selective school”), after paragraph (b), insert—

“, or

(c) it is an independent school with a selective admissions policy converting to an Academy”.’.—(Mr Brady.)

Brought up, and read the First time.

[Mr Graham Brady (Altrincham and Sale West) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 10—Fair access to education and training—

‘(1) EA 1996 is amended as follows.

(2) In section 10 (General duty of the Secretary of State), at the end insert “and ensure fair access to opportunity for education and training.”.’.

New clause 22—Guidance on draft Regulations on pupil registration and school attendance codes—

‘The Secretary of State shall provide guidance to local authorities for dealing with families who have chosen to home educate their children prior to the implementation of the Education (Pupil Registration) (England) Regulations and the School Attendance and Absence codes.’.

Amendment 40, in clause 4, page 9, line 26, at end add

‘The Secretary of State must lay before Parliament an annual report on the numbers of students at all schools in England and Wales subject to these powers including—

(a) details as to whether these pupils have identified special educational needs or additional learning needs,

(b) the numbers of times these powers have been exercised,

(c) the previous and current status of their schooling provision,

(d) whether their exclusion was referred to a review panel, and

(e) where known the outcome of any review panel action including any financial adjustment of the schools budget share for a funding period incurred by schools as a direct consequence of the exclusion.’.

Amendment 9, in clause 34, page 33, line 4, at end insert—

‘(1A) In section 84 (Code for school admissions) in subsection (2) after “other matters”, insert “which ensure fair access to opportunity for education”.’.

Amendment 10, page 33, line 5, leave out subsection (2).

Amendment 13, page 33, line 14, leave out subsection (3) and insert—

‘(3) For section 88J (changes to admission arrangements by schools adjudicator) substitute—

“88J Implementation of decisions by adjudicator

(1) This section applies where the adjudicator has made a decision (‘the primary decision’)—

(a) under section 88H(4) on whether to uphold an objection to admission arrangements, or

(b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admissions.

(2) If the admission authority has not amended its admission arrangements within a period of 14 days of being notified of the primary decision, the local authority for the area in which the school is situated may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.

(3) Following the amendment of the admission arrangements by the admission authority following a primary decision, the local authority for the area, if it considers that the changes to the admission arrangements are not consistent with the primary decision, may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.

(4) An admission authority which is subject to a direction under subsections (2) or (3) may ask the adjudicator to set aside the direction on the grounds that the changes to the admission arrangements contained in the local authority’s direction are not consistent with the primary decision.”.’.

Amendment 11, in schedule 10, page 83, line 4, leave out paragraphs 1 to 3.

[Mr Brady]

It is a great pleasure to have this opportunity to participate in this important debate, which has so far been excellent, with colleagues on both sides of the House making points that are focused on the important task of raising standards and extending opportunity without too much ideology and dogma getting in the way.

My new clause 2 is supported by 38 colleagues from both sides of the House—a very broad spectrum of support that reflects the fact that it demonstrates basic common sense in moving forward the educational debate. It is modest, but it would do something quite important. It seeks to remove an anomaly that the Government have themselves created, arising from the fact that in the Academies Act 2010 they legislated to allow state grammar schools to become academies without changing their admissions status, thereby accepting the principle that it is possible to be an academy and a selective school.

The new clause would merely extend exactly the same arrangements to independent schools seeking to become academies and retain their existing admissions arrangements. It would address the point made by my hon. Friend the Minister earlier when he referred to the vital importance of our excellent independent schools and excellent state schools working more closely together, breaking down the artificial divides between them and ensuring that we open up for as many children as possible access to what he describes as some of the best schools in the world, according to the OECD.

New clause 2 makes an important amendment, even though all it would do is remove an anomaly, because it would send the clear message that what matters in education is providing quality and new opportunities, and opening access to the very best schools without dogma getting in the way. At a time when the Government and the Opposition are deeply concerned with raising our performance on social mobility and ensuring that people, regardless of background, can progress in life according to their talents and abilities, the new clause would remove one of the impediments that stand in the way.