Schools Bill [HL]

Lord Harris of Peckham Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Lord Lexden (Con)]

My Lords, may I just point out that Mr Johnson and his colleagues sought no mandate for the substantial reform of academies in the 2019 election manifesto? There is one page devoted to education in the Tory 2019 election manifesto, and it contains no sentence on or reference at all to academies.

[Lord Harris of Peckham (Con)]

My Lords, I thank the Minister. She has been to one of our conferences with 200 people, and I am proud to say that she is coming to our conference in October, where we will have 4,500 teachers, and seeing some of our children. I am really passionate about academies. My noble friend Lord Baker got me involved in the first one at Crystal Palace 30 years ago. That was a very bad school, where 60 children a year were expelled. Over the last 30 years, it has been one of the best schools in the country. Last year, it had 5,000 applicants for 180 places. It is a world-class school for the second time, and 35% of its children are on free school meals.

The Harris Federation runs 51 schools, 52 this year. We have only taken over free schools from start-ups or failing schools. Some 90% of our schools are now outstanding, and we have five world-class secondary schools and one world-class primary school. I have to thank Michael Gove, Secretary of State at the time, for giving us that school seven years ago under a lot of opposition. It was in the worst 2% of schools in the country but now, seven years later, it is not just outstanding: it is world class. From the start, with my noble friend Lord Baker, and through to the noble Lord, Lord Adonis, Tony Blair and Michael Gove, academies have made a great difference to many children in this country, as we have given them a better education. One of my ambitions is to see every child in this country getting a great education, because they only ever get one chance at it. They might have five or six jobs throughout their lives, but only one education.

Five years ago, everyone was against Michael Gove getting the school over the road to be a sixth form—Harris Westminster. I am so proud of that school. It was the eighth best in the country last year, with more than 50% of the children there on free meals. The seven that beat us cost anything from £50,000 to £100,000 a year to go to. It is all down to having great teachers, giving good service, making sure that children enjoy going to school, motivating them and making sure they do the best they can. That is what we should try to do with every child in this country. If we could do that, we would have a much better country.

[Baroness Barran) (Con)]

My Lords, I start with an apology. Many of your Lordships started by saying that your remarks would be brief, but I apologise that mine may be rather longer. I know your Lordships will understand why, and I also say how much I appreciate the kind and generous comments that so many of your Lordships have made about my work on the Bill.

Starting with whether Clauses 1 to 18 and Schedules 1 and 2 should stand part of the Bill, I said in my letter of 30 June how seriously the Government take the views of the House and its Committees, and that is why we support the removal of Clauses 1 to 18 and have tabled the removal of Clause 2 and Schedules 1 and 2.

Before I speak about the policy behind the clauses, I confirm and shall elaborate on, as a number of your Lordships have asked me to do, our plan to develop new clauses. We will work closely with the sector and parliamentarians over the summer with the intention of developing a revised approach to the academy trust standards. I have had a brief conversation with the noble Baroness opposite about how the Opposition Front Benches want to be involved in this, but I extend my earlier invitation. We will take whatever time is needed to engage with your Lordships and those whom you believe it is important for us to talk to, but I ask your Lordships first to look at the information we have already posted on GOV.UK, and I shall set out in a letter a little more about our intended engagement plans, so that we use everyone’s time as intelligently as possible.

I am pleased to inform the House that we held the first meeting of the external advisory group, which I chair, last week and we began discussing these important matters. On my noble friend’s question about the terms of reference for the group, they are on GOV.UK, as is its membership. Its purpose is set out and the inbox for anyone wishing to contribute to the review is also there. I shall make sure that all those details and the links are included in my letter to your Lordships following this debate. We are planning an intensive programme of engagement with the unions and leaders of schools of all types, both multi-academy trusts and maintained schools. We have already started talking to a number of key system thinkers in the field and, importantly, a number of representative bodies, including, of course, the Churches. The interim findings of the review will inform a revised legislative approach to the academy standards.

I turn specifically to the amendments tabled by the noble and learned Lord, Lord Judge, my noble friend Lord Baker, the noble Lord, Lord Addington, and the noble Baroness, Lady Chapman, which seek to remove Clauses 1, 3 and 4; and to the amendments in my name, which remove Clause 2 and Schedule 1 and make consequential changes to the Bill. I acknowledge that they are the correct response to concerns about both the drafting of the clauses on academy standards provisions as they stood on the introduction of this Bill and the breadth of the delegated powers that were proposed. The Government are supporting these amendments at this stage to secure time to engage with the sector and relevant stakeholders, and to reconsider how best to implement the policy intent behind these measures in legislation ahead of Committee in the other place.

Furthermore, in response to the Delegated Powers and Regulatory Reform Committee’s recommendation, we are determined to use this summer’s review to find a way that meets our policy objectives without the need for the Henry VIII power originally sought through Clause 3. The Government remain firmly committed to a fully trust-led school system; to enable this, we are still clear that changes are needed to the way the school system is managed. My noble friend Lord Lexden referred to the Government’s manifesto, but I would also refer him to the schools White Paper, where we set out clearly our plans in relation to this.

We need to establish a statutory framework that enables effective, risk-based regulation and ensures that the same minimum standards are applied consistently across all trusts. By defining the scope within which the Government can set standards, we will be able to protect the core academy freedoms from being amended by the regulations. We want to provide clarity for the academy sector about the limits of the Secretary of State’s powers to make decisions on its behalf, as well as sending a strong signal to the wider school sector about the Government’s commitment to moving to a fully trust-led school system in which all schools can benefit from being part of strong multi-academy trusts. The examples given by my noble friend Lord Harris were wonderful; I look forward to the next conference.

The intention behind the drafting of these clauses was to take an important step towards securing the permanence of that system and to bring clarity to the limits of the Secretary of State’s powers. Although Clause 1 was intended to reduce the complexity of the regulatory landscape by bringing existing requirements into one set of standards, I recognise the concern that, as drafted, the clause would allow a Government to go beyond these intentions. The Government’s aim is not and has never been to centralise power over academies or undermine their freedoms.

As my noble friend Lord Agnew elaborated on, we know that the best academy trusts use their freedoms to transform outcomes for pupils, particularly the most disadvantaged, and deliver improvement in schools and areas where poor performance has become entrenched. We do not believe that great trusts are made through lists of standards and regulations, and we do not intend to micro-manage or further centralise power over them. Rather, we want to simplify the regulatory framework for academy trusts, seeking opportunities for deregulation where it is appropriate to do so. Our intention is to bring back a revised power that makes the limits on the Government’s powers crystal clear. I wish to provide certainty that we will protect the fundamental freedoms to which my noble friend Lord Agnew referred.

Through our work to develop revised clauses, we will seek to establish the principles on which the academy standards will be based and ensure that any delegated powers sought provide a more clearly defined and constrained regulatory approach. Through these reforms, we are committed to creating a regulatory environment that enables the best academy trusts to drive system-wide improvement through innovation and best practice while ensuring that all academy trusts meet the same minimum standards, providing fairness and consistency for all. I will now turn to the remaining amendments relating to Clause 1.