Education and Adoption Bill

Lord Deben Excerpts

Tuesday 10th November 2015 Grand Committee

[Lord Deben (Con)]

My Lords, I did not intend to intervene in this debate, except from my experience of trying to deal with schools that are failing. In my former constituency, I had a terrible case of failing schools on two occasions. My experience is that we have to face the fact that the time taken to put such schools right has been unbelievably long. The fact that that has been the case has put the Government into this position. Normally, I would have supported many of the arguments that have been made by the party opposite. I have lived through generations of children who have suffered because we could not take urgent action. I do not think that we should make these decisions without a real understanding of the history.

Listening to the debate, I want to say two things. First, I say to the noble Baroness that I do not think that law should set out a list of all the people who you might consult when you are consulting. It really is up to the people doing the consultation to decide who it should be. Of course it is true that people will naturally turn to a list which will not be dissimilar to that of the noble Baroness, but we have become very prescriptive about who would and would not be on the list. I can think of several other people who I would want to put on the list in particular places. For example, in the very bad situation that we were in in Felixstowe, I would want to put on the list discussion with local businesses about what they needed to give decent futures to the boys and girls in the schools that were so obviously failing. I could make a list that would be as credible as the one that the noble Baroness wants.

The trouble is that once you write a list like that, those who do not happen to be on it become kind of second-class citizens. However, I think that the noble Baroness would agree that by the time we put them, the church authorities, in circumstances in which that were appropriate for the school, and everyone else that we have talked about on the list, it would be as long as your arm. It seems to me very much better to have the formation presented by the Government. This was a good debate to have, but it would not progress our discussions to have that list.

Far more concerning are the comments made just now from the Opposition Front Bench. I listened with great care to the noble Lord as he put forward his case. I thought he was a little over the top in coming close to claiming that the Government were somehow dictating inappropriately and tying that up with almost everything else that the Government have done. Of course he does not like the Government; that is what he is there for. I have been in that position, and I know exactly what he is there for.

Let us be a little bit historically accurate. The truth is that local authorities for a very long time presided over a system where, when things went wrong, few things were done about it. We have all experienced that. I experienced it in a school in Leiston, where generations of children were disrupted because the local authority would not make the changes. That was a local authority whose political complexion I agreed with, so I am not making a party-political comment, I am making a comment about the historic facts of local authority control. It was very difficult to make serious changes. There was a curious belief that in this one aspect of life, the way things are done had to move at a very slow pace.

So it is quite understandable why the Government feel that there may well be an elongation of necessary steps. The reason that I am on the Government’s side is that, in the end, I am on the side of those children. I start with the children. Indeed, I remember having a very big argument with the secretary-general of the National Union of Teachers who had the effrontery to have over her stall at the Conservative Party conference the words, “Putting teachers first”. I said that that was not what she should be doing; she should be putting children first. The fact that she refused to accept that changed my views about the unionisation of teachers in a very direct way, and anybody who sees the annual teachers’ conferences will see the best advertisement for home schooling I have ever come across. There is a long history of this, and we have to break it. We have to break it for those children who will otherwise be trapped since so many schools are the unique opportunity that a child has. I am prepared to go a long way with the Minister, and I hope very much that we shall see this work. I am quite sure we can come back to it if it does not, but the one thing we cannot allow is a position in which children are condemned for long periods in failing schools. It is a risk worth taking.

[Baroness Morris of Yardley]

It is like being in Piccadilly Circus in this Room at the moment. I shall speak briefly to this group and particularly in favour of Amendment 20 which is exceptionally reasonable and rather mild. I share some of the concerns about tick-box consultation, asI did when I was a Minister. You put the list of people in, and it becomes too mechanical if you do not watch it because the essence of consulting is lost. However, I have some reservations about Amendment 19.

I understand where the Minister is coming from on this because I experienced the same thing. I have a memory of a school in Leeds where 2% of pupils got five As to Cs. I had parental demonstrations against me taking action to close it down. I also saw the most awful demonstrators every time I went to intervene in a local authority. There is a bit of me that thinks—I wonder whether the Minister could stop talking to the other Minister because it is really disconcerting; this is a Committee to discuss the Bill, not to sort out other shenanigans—that that is the nature of the job. That is democracy. We are not Russia or North Korea. The nature of the job is that sometimes you get what you think is the most unreasonable opposition and it drives you mad. You feel like you have had a bad day at the office, but you have to get up and go through it again the next day. That is the nature of being a Minister in a democratic institution.

Some of the examples that the Minister has given during the passage of the Bill about interventions, particularly those he gave in his Second Reading speech in the discussions about Pimlico Academy, would not be stopped by Amendment 20 because all it does is state that the Secretary of State must call a meeting with the parents of the children in the school to explain what she is about to do and that she must take into account what they say. It has nothing to do with the sort of disruptions I had and which the Minister referred to at Second Reading. That is life, and it has to be got on with. This is about consulting the parents.

The other thing I learnt in difficult situations of this sort is that it is easier if you take parents with you. This is massive change for a school and the parents worry. Change frightens us all, and by not explaining it to parents and asking their view, you run the risk of driving them into opposition. What are they hiding? What are they fearing? Why do they not want to hear my view? As the Minister’s view will not be there, there will be murmurs in the playground and at the school gate, which means that consultation will take place by rumour, fact and misfact. You are not going to stop parents talking about what is happening and you are not going to stop them expressing their view. They will go and get the placards and oppose an academy conversion, whereas in some cases an academy conversion might be exactly right. I ask the Minister to split off in his mind his experience, because we should not be writing legislation on the basis of one Minister’s personal experience, and that perfectly understandable annoying aggravation which is the nature of being a Minister in a democracy. Look at Amendment 20 and explain how, when you are bringing about massive change that affects a group of children and their parents, you can possibly explain to them that it is unreasonable to call a meeting, invite them to attend, explain what you are going to do, listen to what they say, and take their views into account.