Lord Puttnam
Main Page: Lord Puttnam (Labour - Life peer)Department Debates - View all Lord Puttnam's debates with the Department for Education
(13 years, 4 months ago)
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Lord Puttnam
“( ) This section shall only come into force if its provisions have been approved, by a simple majority, in a vote of registered teachers.
( ) For such a vote to be valid, 50 per cent of registered teachers must have voted.”
Lord Puttnam
My Lords, the purpose of this amendment is to challenge the Government but in effect also to challenge the profession itself. During Second Reading, I and the Minister disagreed on one issue. I suggested that the Bill challenged the professional status of teachers and diminished them, while he felt otherwise. If there are two overused phrases in this Bill and in discussions on education generally, they would have to be “world-class education” and “professionalism” in relation to teaching. I have not done a word count on the Bill but it is literally littered with the words “profession” and “professionalism”, normally prefixed by the words “enhanced” or “increased”.
It is the refuge of a pedant to look in the OED but the words are very clear. Under “professional” and “professionalism”, it says:
“Reaching a standard or having the quality expected of a professional person or his work; competent in the manner of a professional”.
Or there is,
“raises his trade to the dignity of a learned profession”.
A professional is:
“One who belongs to one of the learned or skilled professions; a professional man”.
As someone who comes from outside politics, I have never ceased to be amazed by the sometimes brilliant ability of politicians to oppose, which in my judgment is only matched by the apparent hopelessness to learn from the mistakes of their predecessors. It is something that I have observed over the past 15 years and I have no reason at all to think that I am wrong.
I declare an interest as a former chair of the General Teaching Council. I make two points. I genuinely loath government by assertion, which is what we are dealing with here, whereas I celebrate government by evidence. We came in in 1997 on a mantra of evidence-based policy-making. Sadly, that had died by the millennium. None the less, it was a good idea in its time. Creating policy involves learning lessons from the past and gathering evidence from the present. In support of my contention that scrapping the GTC was the coward’s way out, I started looking for lessons from the past and I found more than I could ever possibly have hoped for. In the process, I have become a quasi-authority on the formation and development of the General Medical Council.
I have an advantage over the Minister in that I have looked through a number of interesting and riveting documents from the Library on the development of the General Medical Council—and I shall certainly hand them to him. What strike you immediately are the extraordinary parallels between the development of the GMC and the hoped-for development of the GTC. It is also interesting to see that throughout its history the GMC relied on lessons learnt, and mistakes made, by the development of the legal profession, which in turn relied entirely on the very ragged process of the development of the clergy. Only Henry VIII tried to interrupt this learning process—at least, until now. I will not go into that at this stage, although I certainly could.
The parallel is quite extraordinary. For example, there has always been only a minority of pressure within the profession for increased professionalism. Prior to 1858, when the law was passed in this House, the bulk of doctors did not think that it was necessary that they be regarded as professionals. They were perfectly happy with the way things were and thought that the market operated very satisfactorily. Throughout the history of the GMC, there was very little agreement on the level of the retention fee that ought to be charged to be a member of what was termed a profession.
Here I come to a challenge to the profession itself. I bow to no man in my belief that this is an important profession and that all my futures, and those of my children and grandchildren, are entirely dependent on several generations of outstanding teachers. That is very clear throughout the Bill. It cannot be squared with an attempt to scrap the embryonic professional body that we attempted to create, inadequately, in 1997.
Another fascinating parallel that I dug up a moment ago is that the inadequacy of the original legislation for the GMC in 1858 was described as a sort of disgrace because the public were ill served as the legislation was watered down to a point where they could not rely on the professionalism of an individual doctor. Noble Lords may think that I am overstating this parallel but I think that it is a very important one.
For 153 years, a great deal has been learnt about turning the medical profession into a respected professional body, frequently in the face of fierce opposition from within. I am not pretending that the GTC was remotely what I would have liked it to be—dreadful mistakes were made—but you do not scrap a professional body; you build on it and enhance it. You improve it and nurture it and sometimes you have to cajole and maybe kick it. But our aim is to have a far more professional and far more effective body of teachers adhering to a set of responsibilities.
Finally, I say this to the Minister. If the profession does not want the proposals in my amendment—and I have deliberately used the form of balloting for which the Government clearly have a preference in settling disputes—you will hear not one more word from me. But let the profession decide whether it wishes to be professional, whether it wishes to acknowledge the obligations that go with being professional and whether it wishes constantly to prove itself to the point where we have a generation of teachers of whom we can truly be proud. I beg to move.
Lord Hill of Oareford
My Lords, on the status of the teaching profession, I agree with everything that has been said. The issue that we are debating today is whether professionalism can be captured only in some national regulatory body or whether it can be found in other parts of the wood.
I was very struck at Second Reading when the noble Lord, Lord Knight, spoke of the success of Teach First as being great achievement of the previous Government. He could have spoken about the work of National Leaders of Education or Local Leaders of Education, or the work of the National College, which are all very good examples of professionals working to raise standards and help other professionals. He could have mentioned the growing numbers of academies taking on responsibility for helping other schools in chains or clusters. Those all seem to be aspects of a profession taking responsibility for itself. I may be wrong because I was not around at the time, but I am not sure how prominent the role of the GTCE was in taking forward Teach First, National Leaders or partnership working between schools. Having a national body of that sort does not deliver professionalism, raise standards or deal with important issues about continuous professional development. The Government believe that we need a regulatory system that is credible, effective and provides value for money—I think that there is acceptance for that today.
I do not take any particular pleasure in the ending of the GTCE. I know that it was started with high hopes and that there were many who had wanted it, as we have already heard, from the 19th century. The noble Lord, Lord Puttnam, both today and at Second Reading, spoke eloquently of the practical problems that it faced at its birth—I think that the phrase he used at Second Reading to describe his appointment was “hospital pass”. However, what is clear—I do not want to labour this too much—is its record. Since the GTCE was formed in 2000, nearly two-thirds of local authorities have never referred a case of incompetence to it, despite employers having a statutory duty to do so. Since 2001, the GTCE has concluded only 82 competence hearings and struck off 15 teachers for incompetence. The majority of our teachers, we know, are highly competent professionals, and we would not question that, but it seems unlikely that in the whole 10 years there have been only 15 incompetent teachers.
One fact that struck me as evidence of the attitude of teachers towards the GTCE was the point raised by my noble friend Lord Lingfield; that is, of the modest £36.50 annual registration fee, the taxpayer has to subsidise £33. That does not seem to be a very powerful sign of a profession that feels strongly about the role that the GTCE performs.
The noble Baroness, Lady Jones, made reference the views of the NASUWT. I recognise that its views can change over time, and they clearly did, because the general secretary of the NASUWT has said:
“I have frequently said that if the GTCE was abolished tomorrow few would notice and even less would care. I have absolutely no doubt that the Secretary of State’s decision will be warmly welcomed by teachers across the country”.
The key question is that posed by the noble Lord, Lord Puttnam; namely, what should replace the GTCE if one accepts that it has not delivered in the way that he and others had hoped at its beginning?
Perhaps I may set out what we are proposing. It is, in essence, the following. A smaller, more cost-effective body, the teaching agency, would deal only with matters of misconduct. Hearings would be heard by a panel made up of representatives of the profession and independent lay people, with a right of appeal, as now, to the High Court.
Issues of incompetence would be dealt with separately. I have always thought that the GTC’s current sanction for incompetence was a surprisingly nuclear option. Rather than a slow, cumbersome process that led painfully to a national process and ultimately—for 15 teachers—to barring from the profession, we think it would be better to have a much more flexible, local system whereby issues are resolved more quickly. We can all think of people who have not made a go of it with one employer, but who flourished somewhere else. We are therefore keen to move to a system with all the same protections in employment legislation whereby employers can exercise judgment, address problems more swiftly, and help teachers to improve.
We have been carrying out a review of the professional standards for teachers, which will give employers clearer national benchmarks for performance and conduct. We are currently consulting on simplified arrangements for performance management and tackling poor capability. That will streamline the system and remove the current duplication that employers have found is a barrier to tackling performance issues. We will also strengthen the training and support available to school leaders, so that head teachers and aspiring heads are better prepared for their management role through a revised national professional qualification for headship. We think that these measures will leave the powers to deal with teacher incompetence in a more appropriate place and help head teachers to exercise those powers more effectively than the current regulatory system does.
So far as conduct is concerned, none of this is to say that we think there is no role for a national regulator. On the contrary, we are clear that where teachers are guilty of serious misconduct, they should be referred to the national regulator for potential barring from the profession. That mechanism is cumbersome for head teachers and the regulator, because every case where a teacher is sacked for misconduct must be referred, even though the vast majority of these cases do not warrant barring. The new arrangements will be more effective by giving employers discretion, while still ensuring that the most serious cases are referred. Where cases are referred to the regulator, the Bill gives the Secretary of State a new power to make interim prohibition orders. This power was always intended for use in the very rare cases where it is in the public interest to bar an individual from teaching while an investigation is under way. Amendments 64AA, 65A 65B and 65C have been tabled by the Government in response to your Lordships’ Delegated Powers and Regulatory Reform Committee’s recommendations that the safeguard for this power be put in the Bill.
Noble Lords have asked for reassurance that the element of discretion that we are introducing will not lead to a weaker and less consistent system. It is of course important that the new system protects pupils and maintains confidence in the teaching profession. Let me say straightaway that the proposals make no change to the duty on all schools to refer any cases of serious misconduct relating to children to the Independent Safeguarding Authority.
I should also draw your Lordships’ attention to the fact that the Bill provides for referrals to the Secretary of State from members of the public. Where a parent or other member of a community disagrees with the judgment of a head teacher who has not referred a teacher dismissed for serious misconduct, they may make the referral themselves. This provides a further safeguard that teachers in the most serious cases will not in some way slip through the net.
I turn to the important issue of the Register of Teachers, which a number of noble Lords raised, including the noble Baroness, Lady Jones of Whitchurch, my noble friend Lady Jolly, the noble Lord, Lord Knight, and my noble friend Lord Willis of Knaresborough. The Government said in another place that we would consider the arguments in favour of making available data about teacher qualifications. We have listened to what the head teachers’ unions have said—that point was raised by the noble Baroness, Lady Jones of Whitchurch. I have also listened to the case eloquently made today by noble Lords, particularly by my noble friend Lord Willis of Knaresborough. It is right to say that the teaching agency will maintain a database of teachers who have attained qualified teacher status and who have passed their induction period. That seems to be an eminently sensible point and we will take it on board. That database will be available online to employers from April 2012.
Some amendments concerning surveys and statistics—CPD and so on—were spoken to by the noble Baroness, Lady Jones of Whitchurch. The Government will continue to commission research and to support the effective management, assessment, planning and development of the teaching profession. We are in the process of considering what the data and research needs of the new teaching agency and the department will be.
The CPD part of the GTCs’ work is currently shared with the TDA, and in future work on CPD will form part of the remit of the new teaching agency. However, as I have already said, over time we would tend to see more and more of that work being delivered by schools.
With regard to some of the more technical issues, the noble Baroness, Lady Jones of Whitchurch, raised the question of information-sharing between the GTCs in the devolved Administrations. Officials in the department recently met their counterparts and the GTCs from Wales, Scotland and Northern Ireland to discuss this issue. We have an agreed approach to sharing information between the four nations and will continue to meet regularly to discuss that.
On cash reserves, I agree with the noble Baroness that, if money was originally paid to the GTCE for the benefit of teachers and some of that money is still available, it should continue to be used for a similar purpose. If there were any cash reserves, we would use them for the benefit of teachers and the teaching profession—for example, to contribute to the continuing administration of the regulatory function, which a large proportion of the GTCE’s fees was spent on.
I recognise that my answer is disappointing to the noble Lord, Lord Puttnam. I never like to disappoint the noble Lord, for whom I have great respect. I hope that what I have been able to say about the register will provide some reassurance to noble Lords who I know were concerned and that, taken together, my response will enable the noble Lord, Lord Puttnam, to withdraw his amendment.
Lord Puttnam
I thank the noble Lord, Lord Hill. I certainly do not want to detain the Committee but wish to make two points. I was very impressed by what the noble Lord, Lord Lingfield, said and was very impressed at Second Reading by the speech of the noble Lord, Lord Lexden. I should like to touch on those for one second. As both of them know, I am conscious of the fact that the job I took on was very much a question of standing on the shoulders of giants. I had read a lot about but, sadly, never met Sir Alec Clegg, and I knew John Tomlinson very well. These were great men. They were noble and decent, and my job was to try to deliver something of their vision. I fought hard and successfully, and I think that it was a good move to bring the independent schools on to the GMC. I could not have had two more heroic figures than Ian Beer and Elizabeth Diggory to support me, and I feel very strongly that, were they both here today, they would not wish to throw in the towel at this point.
I also want to touch on Scotland, which both noble Lords mentioned. I spent a fair amount of time in Scotland and took a lot of advice from the then chairman of the Scottish GTC. He said, “Give it time, laddie. Give it time”. He was right. We needed to give it time but we have not given it sufficient time. I should possibly have listened to him even more. No one is pretending that Scots unionists are any person’s pushover; they have intense pride in the profession. My amendment is simply intended to challenge the English teaching profession to show similar pride, similar determination and a similar commitment to getting their act together. It requires them to create something of which they and we can be proud, and we can be very proud that we protected it when it was under pressure. For the moment, I am happy to beg leave to withdraw the amendment.