Academies Bill [HL]

Lord Rix Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Rix]

My Lords, as the grandfather of a splendid little lad with Down’s Syndrome who is nine years’ old, perhaps I may say that the massive support that my noble friend Lord Low has received from around the Committee is music to my ears. I should like to add my support to the amendments.

[Lord Phillips of Sudbury]

My Lords, I hope that I am not going to spoil the party by referring to the first two or three amendments in this odd group. The debate seems to have become about the composition of school governing bodies which, as far as I can see, is the subject of a later group of amendments. Never mind; we soldier on.

The first two amendments in the group seek to amend the words at the start of the Bill:

“The Secretary of State may enter into Academy arrangements with any person”.

“Any person” seems an unambitious expression and one wonders why it should not, for example, say, “Any charity”. I understood the Minister to say earlier without equivocation—this is how I read the Bill—that only a charity can be “the other party” for the purposes of academy arrangements. If we were to get technical—which is what we are supposed to do in this House—we would consider the Interpretation Act, which states, I think I am right in saying, that “any person” is any corporate entity or any individual person. It does not, for example, cover unincorporated trusts—and a great many charities are just that.

If I had been kinder I would have raised these issues with the Minister before the debate, so I do not expect him to answer directly. However, I strongly recommend that the phrase “any charity” should be substituted for “any person”. That would be happier, clearer and avoid the technical argument I have touched on.

--- Later in debate ---

[Lord Hill of Oareford]

One is approaching this from first principles, and first principles are first principles. I give an undertaking to come back at Report with proposals as to how one could put the principle of parity into effect.

[Lord Rix]

I had intended to thank the Minister for the letter that he sent to many of the Peers who spoke at the Second Reading of the Bill and to ask that he at least acknowledge some of these points. The Minister has already done this, which means that he has shot our fox to a certain extent, because a lot of us have a lot more amendments to make. I trust that the Minister will take them in the spirit in which they are offered, consider them and perhaps meet us again before Report. If he could do that, we would be extremely grateful.

[Lord Hill of Oareford]

I would not like to deny the noble Lord, Lord Rix, the pleasure of the hunt. I had no intention in shooting his fox, but it struck me in listening to the debate that, given that was my view, it made sense to make that clear sooner rather than later. I know that the noble Lord and others who know huge amounts about this subject will want to make many points, and I am always happy to have them made to me.