Education Bill

Lord True Excerpts

Tuesday 28th June 2011 Grand Committee

[Lord Peston]

My Lords, I support my noble friend’s amendments, I note—whether with glee or cynicism, I am not sure—her desire to include this provision in the Bill. I have been in this House for 25 years and if I had a tenner for every time this matter had come up I would be a very rich man indeed. I am sure that the Minister has the word “Resist” on a piece of paper in front of him, and that that was done independently of party considerations because we know that all Governments are perfect and never get anything wrong when drafting legislation. However, I still naively believe that one can improve legislation in your Lordships' House so I totally support my noble friend’s desire to include this provision in the Bill.

Leaving my cynicism mode and getting on to more substantive matters, I note that the word “disadvantaged” appears here. We are not going to remove disadvantage from our society via an education Bill, but I firmly believe—that is why I became an adviser and a politician—that one can improve the society in which one lives via one’s contribution to your Lordships' House. That does not mean that all the disadvantaged will suddenly cease to be disadvantaged, but if we go down this path some of them will cease to be so, and that will be highly productive, both socially and economically, because to the extent that we can improve some young people's lives, they will become the parents of the future and will in turn improve their children's lives. One should not assume that this matter is just about using up resources; we should take a longer view and realise that we will be creating resources by going down this path.

It is broadly my view that if we can achieve anything, it will be a step forward. Although we can nitpick—I am an expert at that if I am in the mood—that is not what we are here for. We are here to make a contribution so that the Bill can be made better and, more importantly, so that the world in which we live can be made a little better.

[Lord True]

My Lords, I intervene not to spoil the party but to declare an interest as leader of a local authority, so I have an interest in the way in which the amendments are framed. As I declared at Second Reading, my wife is principal of a Montessori nursery school. I agree with almost everything that the noble Earl, Lord Listowel, said. I do not think that he intended to imply—and I certainly could not accept—that private provision is necessarily more to be worried about than some of the bad public provision that I have had occasion to see during my long interest in nursery education.

I apologise to the Committee: I want to take a great interest in the Bill but am involved also in the Localism Bill. If I disappear suddenly after debating the amendments that I am involved with, it will be not because I am uninterested in the clauses that we are discussing but simply because I have tabled amendments to another Bill.

I agree with a lot that the noble Lord, Lord Peston, said about the amendments. We cannot save the world but one should start every day as optimistic as one can be, provided that one does not set oneself unrealistic goals. I am not sure that I would accept the wording that local authorities have an absolute duty, which seems to carry with it a range of potentially legalistic issues. However, of course a local authority will recognise, as we all do, the importance of the early years—that must be common ground here—and will wish to maximise as far as possible the take-up of groups that are defined as disadvantaged. I am sure that most local authorities will voluntarily accept that. The noble Earl referred to Traveller people, who are one example.

I cannot support some amendments so warmly. My problem with Amendments 4 and 5—we will discuss this matter when we come to a later group—is that they are potentially too rigid. Good law should be realistic. As regards so-called pre-entitlement, neither this nor the previous Government willed the resources to make it a reality, and certain consequences have followed which we will discuss later. I see in the financial memorandum to the Bill that the Government are setting aside £308 million to extend provision to the two year-old age group, which all noble Lords in the Committee will welcome. However, the reality is that the country is plunging into debt at a rate of £16 million per hour and we should not set out in legislation things that we are incapable of delivering. That would come outside the definition of optimism that I put earlier.

I agree with what the noble Baroness has set down in Amendment 7. Local authorities will wish to secure high standards and—I have underlined this—flexible organisation. Some other amendments that the noble Baroness tabled seem to be rather inflexible in their constraints: no Government shall ever again change anything that is set down in law. Surely the reality of good early-years provision and good educational provision generally should be flexibility, diversity and a range of provision. So I found a slight conflict in those amendments, but I could welcome the noble Baroness’s amendment if she looked equally kindly on my Amendment 8 in the next group.

The aspiration is welcome but realities on the ground, the speed at which we can go and, frankly, the issues that could potentially be raised by the rigidity of some of the amendments mean that I could not support them in the main.

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Moved by

[Lord True]

3: Clause 1, page 1, line 13, after “area” insert “whose parents or guardians wish it and”

[Lord True]

My Lords, I do not share remotely the experience of the noble Lord, Lord Peston, who I see leaving. I do not wish to stay him; I merely wish to say that having seen a great deal of legislation coming and going, both in government and Parliament, I expect that “resist” will be on the file for these amendments, too. However, I shall speak to them none the less.

I spoke at Second Reading about the problems faced by many private and voluntary nursery settings as a result of the operation of the free entitlement and the injustice and, to some degree, dishonesty that results from it. I shall not repeat those arguments in Committee.

The reality is that we rely, and will continue to rely, on private and voluntary settings to provide much of the nursery education that people freely choose and that successive Governments have held to be desirable. I wish to see no change in that situation and I hope that that is also the position of the Government. I take as my text a letter written by the Secretary of State, Mr Gove, to a nursery provider when he was an opposition spokesman. He wrote as follows:

“We think it is incredibly important”—

you can almost hear him—

“that parents are given the widest possible choice of childcare. Each family is unique and has unique circumstances; thus they should be able to access childcare that is affordable and flexible to their needs. It is disappointing therefore that the Government”—

he meant the previous Government—

“have not done more to help Private, Voluntary and Independent … nurseries. We believe that at present there is not a level playing field among nursery providers and that the financial pressure on private, voluntary and independent providers is simply not sustainable”.

He called in the letter for the code of practice to be suspended to allow nurseries to charge supplementary fees to parents as a temporary solution. I agree with what the Secretary of State, as he is now, said then about the importance of the private and voluntary sector, but there is still no level playing field. There is still financial pressure on smaller providers and it is disappointing that there is not more recognition of the value and viability of those small, diverse, and, I submit, outstanding settings.

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[Lord Hill of Oareford]

My Lords, the short answer is that it will vary considerably from area to area. If I am able to provide any better particulars, I will write to the noble Earl.

[Lord True]

My Lords, my noble friend will not be surprised that I am immensely disappointed by his response. That will be shared by the many people who have been in contact with me since I raised this matter at Second Reading. I am grateful for the support that was given by the noble Baroness, Lady Howe, and the noble Earl, Lord Listowel. I say to him, regarding the figures that I gave in my speech, that you have only to calculate on the amount of money that is made available to a setting what kind of pay is possible under that if—as the noble Baroness, Lady Hughes, and my noble friend maintain—the total money available should be limited to the free entitlement only.

The only crumb of comfort is the suggestion that the fiction that goes on around the edge—that people can go on charging outside the so-called free entitlement —should go on and we should go on nodding and winking at that. That is very disappointing.

We heard a lot of talk about certainty. There is no certainty in this. The free entitlement is not fully resourced—it never has been—and public policy should not be based on something that is essentially not true. As someone who loyally went through the Lobbies to support top-up fees in universities and would do so again, there is a certain irony in being told that top-up fees in a non-maintained sector like nursery schools would bring the United Kingdom to its knees.

I will reflect on what has been said. I cannot promise my noble friend that I will not return to this matter on Report, but in the interim I am grateful to him for elements of his response and to other noble Lords who spoke. I beg leave to withdraw the amendment.

Amendment 3 withdrawn.

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Moved by

[Lord True]

11: After Clause 1, insert the following new Clause—
“Early years schools workforce: Montessori schools
The Secretary of State may issue directions to the Child Workforce Development Council in relation to the training and qualifications of teachers of children under 5 in Montessori-accredited nursery schools, and shall in particular ensure that recognition continues to be given to Montessori qualifications and Montessori training courses, where these are provided by practitioners qualified and experienced in that approach, and use recognised Montessori accredited schools for practical training experience.”

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[Lord True]

My Lords, Amendments 11 and 70 relate to nursery education and are intended to apply pari passu to Steiner schools as well as to Montessori schools. If these amendments or something like them are brought back on Report, they will include protections for the specific training required by Steiner schools. I have made that clear to representatives of Steiner Waldorf Schools Fellowship. They in turn have made it clear to me that they welcome, and feel the need for, the protection offered by amendments such as these.

Both the Montessori and Steiner systems of pedagogy are proven in action, much trusted by the parents who choose them and are undeniably diverse compared with the approaches to learning offered in other settings. Each system has its own set of qualifications; each system polices its own settings; and each system requires that schools purporting to be Montessori or Steiner should reflect their values and approaches.

Most Steiner qualifications are levels 4 or 5. Almost all Montessori qualifications are level 4. They are administered by Montessori colleges, but the Montessori Centre International has an independent board that advises on academic standards and meets three times a year to validate all diplomas. The Montessori Centre International is one of the largest training organisations in the world in its sector. It has around 400 graduates every year. The other three colleges have between them 80 to 100 graduates going into nursery provision. The majority of these graduates are UK or EU-based, although more than 100 come from outside the UK. There are some 800 Montessori schools in the United Kingdom, with approximately 6,000 teachers. Therefore, there is a clear requirement for specific training. I believe that the system works: 88 per cent of Montessori schools have received the highest ratings in Ofsted inspections, which is far higher than the average for early-years settings.

So why change it; why interfere with the training system that is delivering a perfectly satisfactory position; and why do we need the amendments? There is a large quango called the Children's Workforce Development Council, which has a budget in excess of £100 million and a turnover that is larger than all the excellent Montessori schools combined—I definitely prefer the private to the public here. The body advises the noble Lord’s department. For a reason that I am not entirely clear about—although the early-years foundation stage document published in 2008 stated that Ofsted would recognise qualifications recognised in turn by the CWDC—the body set out to create a new, generic qualification at level 3 only, which is intended as the one and only qualification that will be used by everyone working in settings with children.

I understand and share the aspirations of noble Lords who spoke on earlier amendments for high-quality provision and good training. However, the general aspiration should not squeeze out a particular good that is proven. The CWDC says that it has undertaken extensive consultation. This was claimed again at the conference of the National Day Nurseries Association that took place earlier this month. In fact, many at the conference said that they had not been consulted at all, and there was severe criticism of the CWDC, which was reported in the professional press. The Montessori and Steiner organisations tell me that they have not been consulted or approached in a systematic way.

The proposed CWDC qualification is at a lower level than the existing Montessori and Steiner qualifications. It is very basic and focuses as much on policy as on practice—perhaps more. It is considered by many early-years practitioners, certainly in the Montessori and Steiner sectors, as not fit for purpose. However, if Montessori qualifications are not included on a recognised list, Montessori colleges will not be able to train teachers, and Montessori schools will not be able to fulfil their quota need for Montessori-qualified teachers. The same goes for Steiner schools. I submit that that would be absurd. Representatives of Montessori bodies twice sought meetings with the CWDC and asked for exemption from its level 3 course in recognition of Montessori’s unique pedagogy, philosophy and proven excellence. So far, Montessori has had no concrete response except a demand to map its qualifications against the lower-level qualification proposed by CWDC.

Now, I thought that this Government believed in excellence and diversity, which we have all subscribed to today. I thought that they were seeking, as the Bill does, to rein back the influence of quangos and reduce bureaucracy. Will my noble friend consider positively the idea put forward in these amendments to protect both Steiner and Montessori schools and lift from them the fear that is now widespread in those sectors as a result of the unwelcome attentions of the CWDC? In short, if it ain’t broke, don’t fix it.

If my noble friend is not ready to incorporate this into the Bill, it need not be there but it needs to be in black and white somewhere. It needs to be done soon and in a form that leaves no room for doubt that these excellent colleges and schools with their excellent qualifications will continue to be part of our education landscape. I beg to move.

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[Lord True]

My Lords, I am rather happier with that response than with the response to the previous group. I am very grateful to my noble friend for her comments. I apologise to the Committee for discussing Steiner schools when they are not mentioned in the amendments that we are discussing. However, I am sure that they will be grateful to my noble friend for her comments and will pursue the matter separately. Montessori schools will be grateful to noble Lords on all sides of the Committee for their firm support. I am very grateful to all those noble Lords who warmly support this excellent system and these excellent schools.

I note that my noble friend extended the invitation to these schools to continue in existence until 2012. I have sought to express that positively as opposed to describing it as a stay of execution. I hope that as discussions continue, the temporary nature of that arrangement can be lifted and that—

[Lord Elton]

My Lords, I think that the noble Lord is trembling on the edge of withdrawing the amendment. However, I remain rather anxious about the extension to 2012 and a possible extension after that. I would like to hear from one end of this Bench or the other what the effect of that would be on recruiting people for training in this area of teaching if there is a possibility that the railway will end a mile or two down the line.

[Baroness Morris of Bolton]

I cannot understand why there has been such consultation given that we are still in a temporary situation. I cannot understand why it cannot be put on a firm footing—I hope before the Bill leaves your Lordships' House.

[Lord True]

My Lords, I am grateful to noble Lords for those interventions. Having veered away from using the phrase “stay of execution”, I think my noble friend will understand where I am coming from. As there seems to be such universal recognition of the value of this sector, surely we can give certainty to it. I hope that before Report my noble friend will consider further what noble Lords have said in this debate and find a way to extend that period of certainty beyond 2012. Perhaps the word “perpetuity” could come into that. I beg leave to withdraw the amendment.

Amendment 11 withdrawn.