Enterprise Bill [Lords]
Natascha Engel Excerpts(8 years, 3 months ago)
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Margaret Greenwood (Wirral West) (Lab)
In November of last year the green investment bank announced it had raised £10 billion in green infrastructure investment in the last three years. At the time the Secretary of State said:
“As this milestone shows, the Green Investment Bank is going from strength to strength and is having a major impact supporting renewable energy projects across the whole of the UK.”
This, at the moment, is not a private company—
Madam Deputy Speaker (Natascha Engel)
Order. Lots of Members wish to speak. If the hon. Lady would like me to put her name at the end of my list of those wishing to speak, I will do that, but otherwise interventions must be short, as must the responses.
Kevin Brennan (Cardiff West) (Lab)
On a point of order, Madam Deputy Speaker. Is it in order for the Secretary of State to come to the House in the full knowledge that he intends to amend the Bill and to ask Members of this House to vote on Second Reading on clauses that have not even been published? Is not that a gross abuse of power?
Madam Deputy Speaker (Natascha Engel)
As the hon. Gentleman knows, it is perfectly in order to do so—[Interruption.] Order. This is the Second Reading of a Bill, and if we listen to the Minister, this information might come at later stages. It is in order. The Second Reading of a Bill can be wide ranging. The Secretary of State can mention these things but he does not have to do so, and what happens in the later stages of the Bill is a matter for those later stages.
Kevin Brennan
Further to that point of order, Madam Deputy Speaker. I am grateful for your ruling—[Interruption.] I am sorry, do hon. Members have something to say? Further to that point of order, would it be in order for the Secretary of State to ask his officials now to go away and publish the new clauses that he intends to insert into the Bill, so that Members taking part in the Second Reading debate today can go to the Library to get that information and incorporate it into their remarks?
Madam Deputy Speaker
I think I have got the gist of the hon. Gentleman’s point of order—[Interruption.] Order. Of course it is in order for the Secretary of State to ask his officials to do that, but that is up to him. I think that we really ought to move on. This is a Second Reading debate and 28 Members are seeking to catch my eye—[Interruption.] Order. Let us move on.
Sajid Javid
Thank you, Madam Deputy Speaker.
When it comes to late payments, my Department leads by example. We pay more than 95% of invoices within five days, and more than 99% within 30 days. But many organisations are less scrupulous, including some in the public sector. The average British small business is owed almost £32,000 in overdue invoices. That is a huge sum, and for many it can mean the difference between success and failure and between keeping going for another year and throwing in the towel. However, it is not easy for a small business or sole trader to challenge a larger firm. They might not be happy, but they need that contract. They cannot afford to bite the hand that feeds them. That is not right, and it is not fair, and this Bill will do something about it.
Several hon. Members rose—
Madam Deputy Speaker (Natascha Engel)
Order. Members are starting to make points of order again on this one issue—
Madam Deputy Speaker
Order. We have had points of order on Sunday trading and if the hon. Gentleman wants to make a point of order at the end of the debate, I am perfectly happy for him to do so, but for now we must move on with the debate. We are getting bogged down in this one issue. The hon. Gentleman has his name down to speak, and I will happily call him, and he can also make an intervention, if the Secretary of State wants to take it, but these are not points of order.
Sajid Javid
When Napoleon called Britain a nation of shopkeepers, he meant it as an insult, but I see it as a badge of honour. I grew up above the family shop and I saw for myself how hard my parents worked day and night, seven days a week, to make their business a success. It takes a special kind of dedication to build something like that from scratch and to keep it going for 30 years or more. Before becoming an MP, I spent two decades at the other end of the business spectrum, working for some of the world’s largest multinational companies. For as long as I can remember, I have been surrounded by people who have created, managed and grown successful private businesses. When they create businesses, they create jobs. They create prosperity. They create opportunity.
Businessmen and women are the heroes of Britain’s economic recovery and whether they are running an international corporation from Canary Wharf or a one-woman start-up from a kitchen table, they deserve our respect and our support. The Enterprise Bill gives them all that and more and I commend it to the House.
Student Maintenance Grants
Natascha Engel Excerpts(8 years, 4 months ago)
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Several hon. Members rose—
Madam Deputy Speaker (Natascha Engel)
Order. Before I call the Scottish National party Front-Bench spokesperson, I remind Members that there are 18 people who want to catch my eye and the winding-up speeches will start in just over an hour, so we will have a time limit of three or four minutes by the time we reach the Back-Bench speeches. If everyone is as concise as possible, we will hopefully be able to get everyone in.
Several hon. Members rose—
Madam Deputy Speaker (Natascha Engel)
Order. I am putting a time limit of four minutes on Back-Bench contributions. If we keep to four minutes, we might get through everybody who wishes to speak.
Several hon. Members rose—
Madam Deputy Speaker (Natascha Engel)
Order. I am sorry to say that, before I call the next speaker, I must drop the limit down to three minutes.
Several hon. Members rose—
Madam Deputy Speaker (Natascha Engel)
Order. Five Members are seeking to catch my eye. If no interventions are taken, we should be able to get everybody in, but if interventions are taken, I am afraid that people will have to be dropped off the list.
Trade Union Bill
Natascha Engel Excerpts(8 years, 6 months ago)
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Chris Stephens (Glasgow South West) (SNP)
I beg to move amendment 15, page 1, line 14, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas or responsibility.”
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to discuss the following:
Amendment 16, in clause 3, page 2, line 32, at end insert—
“(4) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 17, in clause 4, page 3, line 7, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 18, clause 5, page 3, line 31, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 19, in clause 6, page 4, line 5, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 20, in clause 7, page 4, line 14, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 21, in clause 8, page 4, line 29, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 7, in clause 12, page 9, line 26, at end insert—
“(13) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to the publication requirements in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 22, page 9, line 26, at end insert—
“(13) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 8, in clause 13, page 11, line 4, at end insert—
“(14) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to reserve powers in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 14, page 11, line 4, at end insert—
“(14) The provisions in this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 9, in clause 14, page 12, line 8, at end insert—
“(3) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to the prohibition on deduction of union subscriptions from wages in public sector would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 34, page 12, line 8, at end insert—
“(3) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 31, in clause 15, page 12, line 19, at end insert—
“(4) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 32, in clause 16, page 13, line 33, at end insert—
“(5) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 33, in clause 17, page 14, line 32, at end insert—
“(5) The provisions of this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
New clause 2—Workplace ballots and ballots by electronic means—
“(1) Workplace ballots and balloting by electronic means, shall be permitted in the types of trade union ballots specified in subsection (2) with effect from the commencement date for sections 2 and 3 (Ballot thresholds for industrial action);
(2) The types of trade union ballots to which subsections (1) and (3) apply are those referred to in Chapters IV (elections for certain positions), V (industrial action), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer).
(3) In relation to the ballots referred to in subsection (2)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.
(4) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in subsection 226 of the Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (3)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (3)(b).
(5) In this section—
(a) “Workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. Such means of voting in the workplace determined by the union may, but are not required to, include electronic means; and
(b) “electronic means” means such electronic means as is or determined by the union and, in each case, where section 226B of the Act (Appointment of Scrutineer) imposes an obligation on the union, is confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(6) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (5), the means of voting in the ballot shall also include postal voting, or some means of voting in a workplace ballot other than electronic means, where determined by the union and, in a case in which section 226B of the Act imposes an obligation on the union (Appointment of Scrutineer), confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.
(7) For the purpose of subsections (5) and (6), a workplace ballot or means of electronic voting satisfies ‘the required standard’ for the ballot if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret; and
(c) the risk of any unfairness or malpractice is minimised.
(8) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
New clause 5—Voting by electronic means in trade union ballots for industrial action—
“(1) Trade union members shall be permitted to vote by electronic means for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.
(2) In this section “electronic means” means such electronic means, including means of secure voting electronically in the workplace, as is, or are determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(3) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (2), the means of voting in the ballot shall also include postal voting where determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.
(4) For the purpose of subsections (2) and (3), a means of electronic voting satisfies “the required standard” for the ballot if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret; and
(c) the risk of any unfairness or malpractice is minimised.
(5) In relation to the ballots referred to in subsection (1)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person on its behalf.
(6) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (5)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (5)(b).
(7) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
The new Clause would permit electronic voting in ballots for industrial action.
New clause 6—Voting by electronic means in trade union ballots—
“(1) The provisions in New Clause5 [Voting by electronic means in trade union ballots for industrial action] apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.
(2) The electronic means adopted for the purposes of subsection (1) must also be capable of allowing union members to vote in ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”
The new Clause would permit electronic voting in union elections and ballots other than those for industrial action.
New clause 7—Secure workplace ballots for industrial action—
“(1) Trade union members shall be permitted to vote in person at their place of work by means of a secure workplace ballot for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.
(2) In this section “secure workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. These may, but are not required to, include electronic means and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union to ensure that the required standard is satisfied, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(3) For the purpose of subsection (2), a workplace ballot satisfies “the required standard” if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) those entitled to vote can do so in privacy;
(c) votes cast are secret; and
(d) the risk of any unfairness or malpractice is minimised.
(4) In relation to the ballots referred to in subsection (1)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.
(5) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (4)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (4)(b).
(6) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
The new Clause would permit secure workplace ballots for industrial action. These can involve electronic or non-electronic means.
New clause 8—Secure workplace balloting and voting for trade union elections and other matters—
“(1) The provisions in New Clause 7 [Secure workplace ballots for industrial action] shall apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.
(2) The arrangements adopted for the purposes of subsection (1) shall allow union members to vote in workplace ballots for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”
The new Clause would permit secure workplace ballots in union elections and ballots other than those for industrial action.
New clause 9—Methods of voting in ballots for industrial action, trade union elections and other matters—
“(1) Voting in a ballot or election carried out to meet the requirements of the 1992 Act as amended can be carried out by postal ballot, electronic means, secure workplace ballot or a combination of these methods.
(2) The combination of methods is to be determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot.”
New clause 10—Application of provisions to public sector employees across the UK—
The extent and provisions of this Bill shall only apply to the public sector in the UK,
(a) By consent of the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, Mayor of London and other public bodies and local authorities in England in their areas of responsibility.
(b) Where consent has been granted, this consent can be withdrawn at any time.”
Ian Lavery (Wansbeck) (Lab)
What was your vote? You wouldn’t have been elected.
Madam Deputy Speaker (Natascha Engel)
Order. No shouting out. If Members want to intervene, they should stand up and do so.
Chris Stephens
I will give the hon. Member for Hertsmere the benefit of my trade union experience. In localised disputes about local issues, turnouts go through the roof, in my experience. Lower turnouts usually happen in national, UK-wide disputes. Those issues can lead to low turnouts, but the key test is how well the trade union is organised. Turnout will be a lot higher in some areas than in others in such disputes.
Education and Adoption Bill
Natascha Engel Excerpts(8 years, 8 months ago)
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Kevin Brennan (Cardiff West) (Lab)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to discuss the following:
New clause 2—Schools with an inadequate Ofsted judgement—
‘(1) Where, in a report of a school made under section 5 of the Education Act 2005, Her Majesty’s Chief Inspector of Education, Children’s Services and Skills states that in his or her opinion—
(a) special measures are required to be taken in relation to the school, or
(b) the school requires significant improvement
the following actions will be taken.
(2) The Regional Schools Commissioner must consult with the local authority, any trustees or persons representing foundations associated with the school and, in the case of an academy school, the person with whom the Secretary of State has made Academy arrangements, about the school’s governance arrangements.
(3) If the school is a local authority maintained school, then the Regional Schools Commissioner may determine that section 5 (consultation about conversion) applies.
(4) If the school is an Academy school, then the Regional Schools Commissioner may consult with the Secretary of State about whether or not to terminate the school’s academy arrangements with a view to the school being established as a local authority maintained school or by the Secretary of State making Academy arrangements with another person.
(5) For the purpose of this Act, the Regional Schools Commissioner is an official appointed by the Secretary of State, except in the area of a combined authority, and if so requested by the combined authority or mayor, the Regional Schools Commissioner is a person appointed by the combined authority or mayor under arrangements made under Part 6 (Economic Prosperity Boards and Combined Authorities) of the Local Democracy, Economic Development and Construction Act 2009 as amended by the Cities and Local Government Devolution Act 2016.”
Schools which receive an inadequate Ofsted judgement may require changes to their governance arrangements. The new clause addresses weaknesses in the Bill by inserting a new clause 7 which removes the assumption that there is only one form of governance suitable for such schools by requiring a local discussion about what is best for such a school and the area the school serves.
New clause 3—Schools causing concern: involvement of parent—
‘(1) The Education and Inspections Act 2006 is amended as follows:
(2) After section 59 insert—
“59A Duties of Secretary of State, local authorities, and proprietors to parents when a school is eligible for intervention
When a school is eligible for intervention, the Secretary of State, the local authority, school governing body and proprietor must exercise their functions with a view to involving parents of registered pupils in decisions relating to the school under this Part and the Academies Act 2010.”
(3) In section 59 (Meaning of “maintained school” and “eligible for intervention”)—
(a) in subsection (1) after (c) insert—
“() an Academy school”
(b) after subsection (2) insert—
“(3) In this Part, references to the governing body of an Academy school are to be read as references to the proprietor of an Academy school.
(4) If an Academy school is found to be eligible for intervention under this Part, then the school is to be treated as a maintained school for the purposes sections 63 to 69, and the governing body is the proprietor of the Academy school. For the avoidance of doubt, an intervention under sections 63 to 69 takes precedence over any provision of the Academy arrangements made between the Secretary of State and the proprietor.”
(4) In section 60 (Performance standards and safety warning notice) in subsection (6) at end insert—
“(e) the parents of registered pupils”
(5) In section 60A (Teachers’ pay and conditions warning notice) in subsection (6) at end insert—
“(c) the parents of registered pupils”
This new clause requires parents be involved in decisions about the future of their children’s schools.
New clause 4—Consultation with school community about identity of Academy sponsor—
After section 5A of the Academies Act 2010 insert—
“Consultation with school community about identity of Academy sponsor
‘(1) This section applies where an Academy order under section 4(1)(a) or (1)(b) has effect in respect of a maintained school.
(2) Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—
(a) the school’s governing body;
(b) the local authority;
(c) the Chief Inspector of Education, Children’s Services and Schools;
(d) parents of registered pupils at the school;
(e) the teaching and other staff of the school, and
(f) any other such persons as he thinks appropriate.
(3) As part of the consultation, the Secretary of State must publish all correspondence held by her relating to her choice of the proposed Academy sponsor.”
The new clause would require consultation with a school’s community before a decision on the Secretary of State’s preferred choice of a school’s sponsor is made. This new clause also requires publication of full information about the reasons for the Secretary of State’s choice.
New clause 5—Inspection of Academy sponsors—
Before section 9 of the Academies Act 2010, insert—
“8A Inspection of Academy sponsors
(1) The Chief Inspector of Education, Children’s Services and Skills may inspect the proprietor of an Academy school in the performance of the proprietor’s functions under the Education Acts, the Academy agreement entered into by the proprietor, and any ancillary functions.
(2) When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the proprietor specified in the request.
(3) Such a request may specify particular matters which the Chief Inspector must inspect.
(4) Ancillary functions shall include any function that may be carried on by a local authority.
(5) Before entering into Academy arrangements in relation to a school to which an Academy order under section 4(1)(a) or (1)(b) has had effect with an Academy proprietor with whom the Secretary of State has existing Academy arrangements in relation to one or more other schools, he must receive a report from the Chief Inspector on the overall performance of the proprietor in performing their functions.”
The new clause would make provision for the bodies which run Academy schools to be inspected. This new clause also requires Ofsted to report on the performance of an Academy chain before the Secretary of State uses his powers to make an Academy order.
New clause 6—Information on performance of academy proprietors—
‘(1) The Academies Act 2010 is amended as follows.
(2) After section 11(1)(b) of the Academies Act 2010 insert—
“(c) the performance of Academy Proprietors and academy chains in regards to their management of academy schools, including the impact of this management on educational performance of such schools.””
Section 11 of the Academies Act 2010 requires the Secretary of State to prepare and publish an annual report on academy arrangements and on the performance of academies. The new clause aims to require the report to cover the performance of academy proprietors and academy chains in regards to their management of academy schools.
New clause 7—Performance of academy proprietors—
‘(1) When deciding whether to make an academy order in relation to a particular school, the Secretary of State shall have regard to any information on the proposed academy proprietor and, if applicable, the academy chain to which it belongs, which has been gathered—
(a) in order to prepare reports under subsection (1) of the Academies Act 2010, and
(b) in the course of any Ofsted inspection of any school run by the proposed Academy proprietor or of the academy chain to which it belongs.
(2) The Secretary of State shall only appoint an academy proprietor for a new academy if the proprietor, and if applicable, the chain to which it belongs, has a proven record of success in improving schools which are comparable to the school to which the proposal relates.
(3) The Secretary of State shall by regulations define “proven record of success”.”
The new clause would require the Secretary of State to have regard to the information about an academy proprietor and its relevant academy chain before appointing it as an academy proprietor for a new academy.
New clause 8—Inspection of academy chains in England—
‘(1) The Education and Inspections Act 2006 is amended as follows.
(2) After section 136 insert—
“136A Inspection of academy chains in England
(1) The Chief Inspector may inspect the overall performance by an academy chain in England.
(2) The Secretary of State may require the Chief Inspector to conduct an inspection in relation to a particular academy chain.
(3) When requiring an inspection under subsection 2, the Secretary of State may specify matters which the Chief Inspector must inspect.
(4) The Secretary of State may by regulations define an “academy chain”.
(5) Regulations under subsection 4 may set out the activities of academy chains that may be subject to inspection under this section.”
(3) In section 137(2)(a), after “authority”, insert “or academy chain”.
(4) In section 137(3), after “authority”, insert “or academy chain”.
(5) In section 137(4), after “authority”, insert “or academy chain”.
(6) In section 137(5), after “authority”, insert “or academy chain”.”
This new clause would permit the Chief Inspector of Ofsted to inspect academy chains, and give the power to the Secretary of State to order such inspections. It would also entitle academy chains to receive the report following an inspection, and require them to prepare a written statement setting out the action they will take in light of the report.
New clause 9—Right of appeal against an academy order—
After section 5 of the Academies Act 2010 insert—
“5A Right of appeal against an academy order
(1) An academy order appeal committee shall be established to hear appeals against decisions of the Secretary of State to make an academy order in a particular case.
(2) The following persons shall have the right to appeal to the academy order appeal committee:
(a) parents of children at the school, and
(b) staff of the school.
(3) The Secretary of State shall by regulations define the powers and remit of the academy order appeal committee.”.”
This new clause would provide for a right of appeal against an academy order.
Amendment 1, page 1, line 1, leave out clause 1.
Clause 1 to be replaced with new clause (Schools where people do not fulfil potential).
Amendment 12, page 1, line 1, leave out clause 1.
This amendment would remove the clause that establishes that “coasting” schools shall be eligible for intervention.
Amendment 8, page 1, line 16, clause 1, at end insert—
‘(3) The governing body must inform the parents of registered pupils that the school has been notified that it is coasting.”
The amendment extends the duty to inform parents to those whose children attend the new category of coasting school.
Amendment 13, page 2, clause 2, leave out line 42.
This amendment would retain the right of a governing body of a school to make representations to the Chief Inspector at Ofsted in response to a warning notice, and the obligation of the Chief Inspector to consider such representations and give to the governing body and the local authority notice of his decision whether or not to confirm the warning notice.
Amendment 2, page 6, line 2, leave out clause 7.
Clause 7 to be replaced with new clause (Schools with an inadequate Ofsted judgement).
Amendment 14, page 6, line 2, leave out clause 7.
This amendment would remove the duty on the Secretary of State to make an academy order where a school is eligible for intervention because it requires significant improvement or it requires special measures.
Amendment 11, page 6, line 8, clause 7, at end insert—
‘(A2) If requested by a relevant—
(a) local education authority, or
(b) local admission forum,
The Secretary of State may include in such an order provision for the school to adopt selective admission arrangements such as would fall under section 104(2) and sections 105 to 109 of the School Standards and Framework Act 1998 (“SSFA 1998”).
(A3) Section 104(1) of SSFA 1998 is amended as follows—
For subsection (1), substitute “If requested by a local education authority or local admission forum, the Secretary of State may by order permit a school to adopt selective admission arrangements falling under subsection (2) and sections 105 to 109.”
This amendment would allow the Secretary of State to provide for new academies established under this part of the bill to have selective admissions arrangements but only in circumstances where a local education authority or local admissions forum had requested it.
Amendment 15, page 6, line 16, clause 8, after “consult”, insert
“parents of children at the school, staff of the school and”.
This amendment would ensure that parents and staff of the school are consulted before a school is converted into an academy.
Amendment 16, page 6, line 16, clause 8, after “such”, insert “other”
This amendment is consequential to amendment 15.
Amendment 9, page 6, clause 8, leave out lines 18 and 19 and insert—
‘(3) If an Academy order under section 4(A1) or (1)(b) has effect in respect of the school, the Secretary of State must convene a meeting of parents of registered pupils to explain the implications for the school being subject to such an order and take account of the views of parents in respect of the future governance of the school.”
This amendment requires the Secretary of State to convene a meeting of parents where the Secretary of State determines, or is required to, force Academisation.
Amendment 3, page 6, line 19, clause 8, leave out “4(A1) or”
A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).
Amendment 4, page 6, line 26, leave out clause 9.
A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).
Amendment 10, page 6, line 39, clause 9, at end insert—
“(d) the parents of registered pupils”
This amendment requires the Secretary of State to consult parents on the identity of an Academy sponsor where forced Academisation is proposed.
Amendment 17, page 6, line 39, clause 9, at end insert—
“(d) the parents of children of the school,
(e) the staff of the school.”
This amendment would require parents and school staff to be consulted about the identity of an academy sponsor prior to academy arrangements being entered into.
Amendment 18, page 7, line 16, leave out clause 10.
This amendment would remove the clause that provides that where a school is the subject of an Academy Order, the governing body and its relevant local authority must facilitate the school’s conversion into an academy.
Amendment 5, page 7, line 20, Clause 10, leave out “4(A1) or”
A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).
Amendment 6, page 7, line 33, clause 11, leave out “4(A1) or”.
A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).
Amendment 7, page 8, line 5, clause 12, leave out “4(A1) or”.
A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).
Kevin Brennan
I apologise in advance for my slightly croaky voice.
It is good to return to the Bill, which we considered in Committee before the summer recess. We tabled more than 80 amendments, none of which was passed, despite the cogency of our arguments and the excellent drafting. We therefore find ourselves having to submit further new clauses and amendments on Report, given our continued view that the Bill is badly drafted and ill thought through.
Before I deal with the details of new clause 1, let me take this opportunity to welcome my hon. Friend the Member for Manchester Central (Lucy Powell) to her new position. We have worked together before, and I look forward to her term of office first as shadow Secretary of State and then, in the not-too-distant future, as Secretary of State. She is the fifth Labour Secretary of State or shadow Secretary of State for Education under whom I have served, in government and in opposition.
Trade Union Bill
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Madam Deputy Speaker (Natascha Engel)
Order. Before I call the next speaker I am afraid that I must reduce the time limit to three minutes. I say to Members who have already spoken that interventions are preventing others from speaking later, and those who are hoping to speak are probably cutting into their own time. If interventions could be kept to a minimum, the Chamber would be grateful.
Jack Dromey
On a point of order, Madam Deputy Speaker. It is probably widely known that I am a former deputy general secretary of the Transport and General Workers Union and of Unite, but, for the avoidance of any doubt, I draw attention to my entry in the Register of Members’ Financial Interests, of which I am very proud.
Madam Deputy Speaker (Natascha Engel)
I thank the hon. Gentleman for his point of order, which is on the record.
Paula Sherriff
I thank my hon. Friend for his intervention and agree with everything he has just said.
The trade union movement also brought us the minimum wage and even the weekend, and the key to all that was an organised voice in politics. It is no secret that the affiliated trade unions have put many of us on these Benches, while Conservative Members rely on big businesses, corporations and wealthy individuals. For decades, there has been a consensus that any changes to political funding rules should be made on a cross-party basis. This Bill, like so many others, rips up the constitution in favour of a naked political attack. It is an attack on the ability of trade unions and their members to have a say in politics, just at the time when it has never been more important that working people have a voice.
At the moment, hundreds of thousands of working people pay just a few pence from the union subs to make their voices heard. I am talking about paramedics or cleaners, who do not have the luxury of a cosy dinner with the Chancellor; supermarket workers, who will not catch the Secretary of State in the veg aisle; and teaching assistants, who are not likely to bump into the Prime Minister on the street—indeed, we know that the last time someone did bump into him in west Yorkshire it did not end very well. Trade union members know whether their unions are affiliated to Labour and can opt out of making a contribution to the political fund, and every 10 years we are balloted on whether we want a political fund at all. There is no real wrong that this Bill is trying to right. It is not about high principle, just low politics.
I am not afraid to say that I am a working-class woman when there are too few in this House. I spent my life before I came here working on the front line of our public services, for the police, supporting victims of crime, and for our NHS, supporting all who needed care. When I walk around my constituency people say to me time and time again that they want to see more people like them in Parliament. I am not ashamed of the trade unions’ political work. They are part of our democracy, not a barrier to it. Working people in my constituency need a voice more than ever—
Education and Adoption Bill
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Andrew Gwynne (Denton and Reddish) (Lab)
I am interested in what the right hon. Lady has to say about failing academies because, as she will know, the regional schools commissioner is involved in one academy in my constituency that Ofsted judges to be inadequate. Will she define what she means by a “coasting school”? That is important because we tend to think of schools as failing when they perform at a relatively low base, but is it not the case that a school can be coasting if it does not push highly academic pupils as hard as it can so that they achieve the best that they can?
Madam Deputy Speaker (Natascha Engel)
Order. An awful lot of Members want to speak and the interventions are getting very long. If we keep them shorter, everyone will, I hope, get a chance to speak.
Nicky Morgan
I will, of course, adhere to that restriction, Madam Deputy Speaker, and take only a limited number of interventions.
For the second time in a week, I agree with the hon. Member for Denton and Reddish (Andrew Gwynne). I will talk about coasting schools in a moment, because they form an important part of the Bill. He is right that this is not just about tackling failure, but about stretching the most able and ensuring that all children make the progress that they are more than capable of.
I was talking about examples of failing academies. Thetford academy was put in special measures in March 2013. The Department replaced the sponsors and brought in the Inspiration Trust, which took the school on in July 2013. The results in the next academic year showed that the number of students achieving five GCSEs at grades A* to C, including English and maths, rose by 10 percentage points. A few months later, in December 2014, Ofsted judged Thetford to be “good with outstanding leadership”. The report described the school as “transformed beyond recognition” and said that the trust’s leadership and support had created a
“strong culture where only the best is good enough.”
That is why the Opposition’s amendment is without merit. I suspect that the shadow Secretary of State knows that himself, but having failed to identify sufficient Members of Parliament to support either him or the hon. Member for Leicester West (Liz Kendall) to stand for the party leadership, he knows he has to take up the aggressive anti-choice, anti-academy rhetoric of some Opposition Members and their union paymasters.
Let me deal now with coasting schools, as I was asked to do by the hon. Member for Denton and Reddish. Alongside strengthening powers to intervene in failing schools, the Bill provides for the first time measures to tackle coasting schools. As the Prime Minister so clearly put it, “just good enough” should not be enough for anyone’s child. How we will define coasting schools has already generated considerable interest. I welcome the level of engagement from this House and outside it. To support the Bill’s passage, we will ensure that draft regulations on the definition of coasting are available in Committee for Parliament to scrutinise.
Let me set out the principles that will inform the definition. First, I want to make it clear that the definition will be based on pupil performance data and not on a single Ofsted judgment. Where a school is judged to require improvement by Ofsted, it will not automatically fall within the coasting definition. Secondly, the definition will take into account the progress pupils make—whether they achieve their potential based on their starting point and whether, as we discussed, the brightest are being stretched and the less able properly supported. Finally, the definition will be based on performance over three years, identifying schools that have been coasting over a period of time, rather than through a single set of results.
I emphasise that the Bill does not propose any automatic interventions for coasting schools. Coasting schools will be eligible for intervention, but regional schools commissioners will have the discretion to decide the most appropriate course of action. Some coasting schools may have the capacity to improve sufficiently and, where that is the case, they should be given the opportunity to get on with it, without distraction.
Other coasting schools may require additional support and challenge from a national leader of education or a strong local school. By creating this new category of coasting schools, regional schools commissioners will have the power to pair those schools that need to improve with educational experts who can help them along the way. When—and only when—a coasting school has no credible plan or is not improving sufficiently, it is right that regional schools commissioners are able to instigate academy conversion to ensure that pupils and parents get the world-class education they deserve.
Madam Deputy Speaker (Natascha Engel)
Order. Before I call the shadow Secretary of State for Education, I should tell hon. Members that I am going to put a time limit of six minutes on Back-Bench contributions—it will follow immediately after the shadow Secretary of State.
Bill Esterson
My hon. Friend is making an excellent speech, and I commend him for that. He has drawn attention to the fact that, in the report, it is very clear that the Labour academies were a success—the evidence has been taken over a long enough period to make that judgment. We should rightly praise the previous Labour Government for their intervention and their selective use of academies as a school improvement measure. We took evidence from the Charter School movement that suggested that only a small number of schools should convert at a time. Does he agree that one fundamental problem is that the Government have tried to change too many things at once within the education system and have converted too many academies?
Madam Deputy Speaker (Natascha Engel)
Order. Interventions are getting very long. The hon. Gentleman is on the speaking list, so he may want to save his gunpowder for when it is his turn to speak. The interventions need to be much shorter. Otherwise, we will not get everybody in.
Tristram Hunt
My hon. Friend makes a valuable point that there should not be a hierarchy of school type. What makes a difference is strong school leadership and great teaching in the classroom, which can be there across a range of different schools. At Committee stage, we will introduce amendments on a quality threshold for conversion. I am talking about a guarantee that only academy chains with a proven track record should be eligible to sponsor new academies. We want Ofsted to be allowed to inspect academy chains as it does in relation to local authority school improvement functions. What is there to hide? We want shorter funding contracts and for academy freedoms to be extended to all maintained schools as well as measures that challenge the stranglehold of poor academy chains by making it easier for schools to change their sponsors—a Bosman ruling for schools introducing autonomy back to the chains. In short, we want action on inadequate academies and encouragement for maintained schools with a strong plan for improvement.
We also wish to see an end to the continued and accelerating process of centralisation in education policy. When I read clauses 8 to 11 of the Bill, my first thought was to wonder whether the Education Secretary had reinstated her predecessor’s poster of Vladimir Lenin in Sanctuary Buildings. The proposed crackdown in those clauses on governors, parents, councillors, teachers and heads who merely wish to express an opinion in a free country on the future of their school is something to behold. As the Prime Minister’s former guru, Mr Steve Hilton, said of this Government’s approach to education:
“The Soviet comparison is an apt one—using central command to try and run a vast system. Of course you can squeeze some results out of it and muster some sign schools are improving. But is it the big transformation we want to see to prepare for the 21st century? No”.
Steve Hilton was right. These clauses are an extraordinarily statist attack on civil society and the individual’s ability to express dissent.
Oral Answers to Questions
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Jo Swinson
I hear what my hon. Friend says. Obviously, we are pleased that the CrossCountry and ScotRail strikes have been called off. Dialogue is always the best way to resolve these issues. Strike action is a sign of failure on both sides, so resolving the issues is always the best solution. On the subject of a minimum turnout and vote, I gently point out to my hon. Friend that his Conservative colleague, Nick Alston, is the new police and crime commissioner for Essex and was elected with the support of 6.6% of the electorate.
Natascha Engel (North East Derbyshire) (Lab)
The right to withhold one’s labour is a mark of a country’s democracy. Does the Minister agree that any move to restrict that right is a move in an anti-democratic direction?
Vince Cable
I have already been working closely with the Bully-Banks group and the Federation of Small Businesses, which is deeply concerned about the problem. The scale of the scandal is becoming larger by the day, as more cases are uncovered. It is clear that the banks—or some of them—behaved extremely badly in the sale of such products. I am not fully satisfied that they are yet conforming with the spirit of the FSA’s advice on the matter; indeed, yesterday I met the chairman of the new regulatory authority to discuss with him how we can support small business more actively.
Natascha Engel (North East Derbyshire) (Lab)
Further to that point, the banks and the FSA are dragging their feet, making a decision and then not making a decision on interest rate swaps. Meanwhile, perfectly viable small and medium-sized businesses are going to the wall. What is the Secretary of State doing to ensure that the banks and the FSA make a decision quickly, so that businesses do not go under unnecessarily?
Vince Cable
In relation to the speed of the process, I was assured yesterday that the FSA will complete early in the new year a pilot it has undertaken to identify the range of companies that might be assisted. That will then be rolled out to all companies. There is a genuine problem of definition. Some companies are sophisticated and took on these swaps quite conscious of the risks involved; others were mis-sold them. The borderline between the two is not absolutely clear, but I agree with the hon. Lady’s general proposition—a view that other Members share—that a lot of small businesses have been severely mis-sold products and need to be assisted.
Oral Answers to Questions
Natascha Engel Excerpts(13 years, 3 months ago)
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Mr Willetts
I am aware of the strengths of that excellent campus, and I am sorry that business in the House meant that I was not able to visit the other day, as I had hoped. I will visit very soon. Of course, there have been many bids for the regional growth fund, but in that way or in others I hope that we can continue to support my hon. Friend’s facility.
Natascha Engel (North East Derbyshire) (Lab)
Government Front Benchers have today stated their intention to extend from one year to two a worker’s right to claim unfair dismissal, but, in industries such as construction, where tens of thousands of workers who have worked for many years for the same employer do not even have a written contract, what is the Secretary of State doing to enforce such basic employment rights before he starts taking workers’ other rights away?
Mr Davey
We do not propose to take away all the rights to which the hon. Lady refers. We are approaching our employment law in terms of ensuring fairness for employees and that businesses have the freedom and flexibility to take on more people. I would have thought that she welcomed the fact that we want to reduce the dole queues by ensuring proper employment reform.
Oral Answers to Questions
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Michael Gove
I have to confess myself perplexed by what my hon. Friend tells me, but of course I would be delighted to meet him. I know what impassioned advocates he and my hon. Friend the Member for South West Norfolk (Elizabeth Truss) have been for Wymondham college.
Natascha Engel
(North East Derbyshire) (Lab): Children, parents and their teachers were delighted last month that the Government changed their minds about scrapping school sport partnerships. Unfortunately, however, the Secretary of State forgot to reinstate the money for them. I know that he is a very busy man and it was just an oversight, but will he take this opportunity to reassure the House that he will give school sport partnerships their money back?
Michael Gove
I am overjoyed that in all my meetings with Baroness Campbell, the head of the Youth Sport Trust, since the announcement, she has expressed her delight that the funding that we have made available will be sufficient to ensure that the good work continues. I am reassured by her enthusiasm for this proposal, and I hope that the hon. Lady will be reassured too.
Oral Answers to Questions
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Sarah Teather
The report by the right hon. Member for Birkenhead (Mr Field) is an extremely useful contribution to the debate, especially given his focus on prioritising early years, which supports the work that the Government are already doing to make sure that we are investing particularly in a free entitlement for two-year-olds, which will become statutory by 2013. We are also taking forward the work that he did on life chances indices, which will support the wider work of the Government on child poverty.
Natascha Engel (North East Derbyshire) (Lab)
10. What assessment he has made of the effects of local government funding allocations on services provided to schools by local authorities; and if he will make a statement.
The Parliamentary Under-Secretary of State for Education (Tim Loughton)
Schools have been protected in this spending round. The schools budget has been protected in cash terms, and in addition schools will receive the pupil premium. Funding for local authorities has been reduced, so local authorities will need to prioritise services where they have greatest effect and look at opportunities for delivering services more cost effectively, which will include working with other local authorities.
Natascha Engel
Deincourt school in my constituency was closed on the understanding that its pupils would move to the neighbouring school in Tibshelf, which was waiting for Building Schools for the Future funding to expand. Deincourt students have now arrived at Tibshelf but the BSF money, of course, has not. Tibshelf is now facing the prospect of having its services cut as a result of the local government funding settlement. What has the Minister got against Tibshelf school?
Tim Loughton
I assure the hon. Lady that neither I nor the ministerial team has anything against Tibshelf school. I remind her that Derbyshire has been allocated £91 million of capital funding support for BSF, and to date it has been paid £25 million in conventional funding for BSF, too. If there are special circumstances regarding that school, I am sure that she will make representations to the ministerial team accordingly, and that we will respond.