Education Bill

Lord Quirk Excerpts

Monday 4th July 2011 Grand Committee

[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 Quirk]

My Lords—

[Baroness Jones of Whitchurch]

My Lords, a few of the amendments in this group are in my name and it may help the debate if I speak to them first. I apologise for interrupting. I shall speak to Amendments 64A, 64B, 73A, 73B, 73C and 73D.

We have considerable sympathy with the intent of noble Lords who have supported Amendment 64. We believe that there is a need for government to send out a much stronger, more positive message to the teaching profession about their value and status. Therefore, we believe that a body carrying out the key functions of the GTCE should remain in the Bill.

Like my noble friend Lord Puttnam, we fully acknowledge that the GTCE has struggled to fulfil parts of its mission. However, in abolishing it, we are in danger of losing other functions which it has delivered well and which would be lost to the profession as a whole. For example, in abolishing the GTCE we will deny the teaching profession a self-regulated professional body on a par with virtually every other professional body in this country. As the GTCE itself says:

“The Bill would remove the professional infrastructure that is standard for other professions such as medicine, law and nursing, and for other teachers”.

Equally, teachers themselves are calling for the continuation of such a body. For example, the NASUWT says the abolition,

“will damage the status of the profession”.

Meanwhile, as we have heard, the Government talk endlessly, and quite rightly, about raising the status of the profession. However, if they are serious, it would surely be a regressive step to take away the professional body.

The Bill describes how certain functions will transfer to the Secretary of State and others will stop completely. I am very grateful to the noble Lord, Lord Hill, for his letter of 13 June setting out in more detail which of the GTCE functions will stop. In that letter he said:

“The GTCE functions which we do not propose to continue include: maintaining the register of teachers; investigating cases of professional incompetence; undertaking a range of surveys and research about the teaching profession; disseminating research and statistics; supporting teachers’ continuing professional development”.

Taking some of those examples, we believe that it is vital to maintain a professional register of teachers, as other professions do and, indeed, as the comparator bodies in Wales, Scotland and Northern Ireland will continue to do. The register of those qualified and entitled to teach in our schools has been successful in enabling employers to make recruitment checks. Under the Government’s proposals, all that will be held is a database of those prohibited from teaching.

Organisations such as the Association of School and College Leaders and the National Association of Head Teachers have made it clear how much they value a register of all qualified teachers that is accessible by schools. The NUT echoes that, saying that it would be a waste of resources if this work were abandoned now. The ASCL said that abolition of the GTCE and discontinuation of the registers removes the public’s guarantee that all registered teachers are,

“eligible, suitable, properly qualified and of good standing”.

It is not just the public’s but parents’ rights to the same guarantees that matter. For example, as part of my other life, I carry out some paid work for the General Medical Council, and I listened with great interest to what my noble friend had to say about it. Not only have I seen how much doctors value the General Medical Council’s register but I have seen how important it is for patients to access details of their doctors’ registration in an open and transparent way. Surely parents deserve the same rights? In a recent survey, 93 per cent of parents want teachers to be regulated, to have an agreed level of training and to be registered with a regulatory body before taking up a teaching post.

--- Later in debate ---

[Lord Quirk]

My Lords, if the only the noble Baroness, Lady Jones, had been in charge of briefing for the Opposition in the other place in February, such a massive and very welcome defence of the GTC might well have given this Bill a different course as it has proceeded through Parliament.

Even now, having heard the noble Lord, Lord Puttnam, we seem still to be assuming that the GTC is no good. We know that it has not been the huge success that those of us who spoke for it 15 years ago naively anticipated, but it has not been a complete failure either. The GMC, the historic model, has been discussed by the noble Lord, Lord Puttnam. Let us not forget that, even at the present time, the GMC’s wheels sometimes grind a little greasily, particularly over the competence of individual practitioners. That does not mean that any patient would want to see the GMC abolished and its role devolved to Andrew Lansley. The GMC is strong in its institutional mechanisms and it can put right the defects that are inevitable in any human institution. That is true for the GTC. I do not know much about it, and I certainly do not know as much about it as the noble Lord, who directed it during its first, uneasy infant steps. The GTC, I am reliably informed by people inside it, knows that it is not working properly. It knows what is wrong, why it is wrong and how to put it right. The solution surely is to fix the GTC, not to abolish it and then have a string of amendments such as we have in front of us today replacing the bits of the GTC that we see as so essential and putting them into somebody’s hands in the Department for Education. Surely the time has come really to think, “If this is a failure and if we did wrong 15 years ago, let us look to see whether this is true”.

In his Second Reading speech, the noble Lord, Lord Lexden, who said that teachers in the private sector of education, for whom this Bill is not intended, are very keen to join the GTC. In January this year, research was published that showed that more than 90 per cent of parents wanted the profession to be regulated by a body such as the GTC and not by the Government. During all their speeches in this House and the other place, Ministers such as Mr Gove and the noble Lord, Lord Hill, have talked continuously about trusting the profession and letting teachers use their professional judgment. The amendment of the noble Lord, Lord Puttnam, says, “Let teachers be the judge”. Let us go to the teachers and ask—as we had thought and hoped that we would—whether they want to be regulated by someone in Whitehall or are big enough to start regulating themselves properly.

[Lord Lingfield]

My Lords, I will not take you back to Henry VIII, as the noble Lord, Lord Puttnam, did. I sympathise enormously with his position. He did a magnificent job in trying to get the General Teaching Council off the ground. The issue of the GTC arose long before the noble Lord did, but rather after Henry VIII, in so much as the publication of Nicholas Nickleby by Dickens in, I think, 1840 so shocked the Victorian mind concerning conditions in schools that moves towards a general teaching council were started almost straight away. As the noble Lord told us, and the noble Lord, Lord Quirk, repeated, the General Medical Council was a great spur to teachers to get moving to get their own profession. What went wrong?

What went wrong was something that went right. In the 1860s and 1870s, as these moves were going on, teachers’ unions and associations started to get their act together. Quite rightly, they were there in order not to protect the customer—which is what a general teaching council and a general medical council are about, by improving professionalism—but to stop teachers being exploited by employers. That is how the unions came together. Unfortunately, these two things became conflated, and they stayed conflated throughout the 20th century. All the moves towards a general teaching council, which were successful in Scotland, died away because of the conflation of ideas on what a union would do and what a general teaching council should do.

I remember being sent by the then Secretary of State, Mark Carlisle, to talk to all the union leaders, because he rather thought that a general teaching council would help to improve professional standards. It was very clear right from the beginning that it was all about how the unions would get certain seats on such a council and what power they would have, and what power they would have to give away.

When it comes to the noble try by the noble Lord, Lord Puttnam, to get that together, we find exactly the same thing. As he said at Second Reading:

“Some of the unions that claimed to want a GTC backed off the moment they realised it might involve power-sharing, and the Government of the day were extremely ambivalent”.—[Official Report, 14/6/11; col. 754.]

Governments of every shade have been ambivalent throughout the history of bids for a general teaching council because they were absolutely unwilling to hand the reins of teacher supply to an outfit that would come to be dominated by unions. Today, if I remember correctly, some 36 of the current General Teaching Council’s 64 members have strong union connections. Therefore, the conflation is still there.