Education Bill

Richard Fuller Excerpts

Wednesday 11th May 2011 Commons Chamber

[Mr Field]

I was doing the calculations without the pupil premium, which is a terrifically important innovation. I understand the difference between the marginal cost in the north-west compared with going to Eton. I do not have any wish for those pupils to go to Eton, although I have nothing against Eton or the education it produces.

As I have said, this is a probing amendment; we hope to bring back the new clause in another place. I hope that the Minister understands that whatever we in Birkenhead decide—we have made no decisions about this as governors yet—we want to know the range of possibilities that we could develop for our young pupils at the academy school. This new clause is not going to go away. This is where the debate is going and the Government have a choice between joining us or opposing us until they have to give way. On that happy note, I have said what I want to say about this probing new clause, which we will try to push more seriously in the other place.

[Richard Fuller (Bedford) (Con)]

It is a great pleasure to follow the right hon. Member for Birkenhead (Mr Field) for the second time in succession. It has also been a great pleasure to participate in proceedings in Committee on the Bill. I am still relatively new to the House and I found it encouraging, compared with the spectacle that we see at Prime Minister’s Question Time, to see parties on both sides coming together to put their experience and best interests at the forefront of trying to improve education in our country. I pay tribute to all the parties for doing that.

I should like to comment mainly on my new clause 1, but first I shall make a couple of points about special educational needs, which the hon. Member for Cardiff West (Kevin Brennan) has mentioned. It was a great pleasure, a week ago, to welcome the Secretary of State for Education to Bedford to talk to the head teachers of our three special schools, the Grange, Ridgeway and St Johns, and to talk about the Green Paper. The coalition Government have moved forward significantly in understanding what is required for children with SEN not only while they are at school but when they are preparing to go on to the work environment. That is a record that the Government can build on over the next five years and which will be a tremendous success and tribute to them. The Secretary of State’s discussion with the head teachers in Bedford and Kempston was most illuminating. Two of those three schools are outstanding and one is good with outstanding features, so they are already providing excellent education to children, and their knowledge and experience is most valuable.

It is important to consider the particular impact of the Bill on exclusions. The Minister of State, Department for Education, my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), knows how important this issue is, particularly for children with autism and the impact on them if they are later excluded. I hope that he will take into account the recommendations of the special educational consortium about future decisions so that he can make sure that the issue of exclusion does not have an undue impact on children with autism.

New clause 1 would pay particular attention to schools with a history of educational underachievement, by which I mean achieving below the minimum national floor standards for a number of years. It would give the Secretary of State the powers that he or she might require in such circumstances to intervene to support change and to provide educational opportunity to the children in those areas. The new clause is not about passing comment on teachers; indeed, the teachers who go to poorly performing schools are sometimes the most inspired and capable teachers in the country.

--- Later in debate ---

[Mr Gibb]

My hon. Friend makes an important point, and I am not unsympathetic to the views he expresses. I know how concerned he is about educational standards, and the Government are committed to raising standards throughout the system, particularly in inner-city districts, such as those he represents, where there are areas of deprivation that are not well served by schools.

We believe, however, that we do have significant powers. It is always open to argument that more are needed, but we believe that there are sufficient powers, and the Department, headed by my right hon. Friend the Secretary of State, is determined to raise standards and is actively seeking sponsors to take over the leadership of schools that do not provide the necessary quality of education. The pressure, help and assistance coming from the Department means that people will be able to make proposals—more articulately than I am being at the moment—locally, but that does not mean that, at the same time as an academy proposal is going forward, there should not be a consultation process enabling all local people to put their views forward.

[Richard Fuller]

Does my hon. Friend agree that a consultation process that requires and comprises a public meeting for local parents, but which the teaching unions, the Anti Academies Alliance and the Local Schools Network flood with activists who have little or, in many cases, no adherence to the community in which that school would be located, is hardly public consultation?

[Mr Gibb]

My hon. Friend makes an important point. There is no requirement to conduct a consultation in a specified way, and we have been careful not to introduce one, because every consultation should be adapted to local circumstances. We want to be flexible about how local consultation takes place and, before reaching a decision, the Secretary of State will look realistically at the local extent of that consultation in order to ensure that it has been genuine.

I share the view of my hon. Friend that, when meetings are packed with political activists who are not necessarily even from the local community but there to deliver their own ideological message, that is not genuine consultation. When a meeting is held and the overwhelming opinion expressed by those people gives the impression of one view, the Secretary of State will look through that to see what the genuine view is of local people in the community. He wants to ensure that the consultation has been extensive and has included local people, so, when local people have in effect been excluded by such activity, he will take that into account before reaching a decision. There is a need for appropriate safeguards, however, and we have been persuaded by the weight of opinion across both Houses to ensure that there is proper consultation.

New clause 13, in the name of my hon. Friend the Member for East Surrey (Mr Gyimah), explores the possibility of disapplying the TUPE regulations in schools that are eligible for intervention and that the Secretary of State wishes to transform through conversion to academy status. My hon. Friend will know that the Transfer of Undertakings (Protection of Employment) Regulations 2006, which the new clause seeks to disapply, were implemented in response to the European acquired rights directive. In line with European legislation, they set out the circumstances in which they must be applied, preserving an employee’s statutory duty and contractual employment rights through any transfer process. Disapplying those regulations for staff in converting schools would mean that such staff were unprotected when compared with other employees whose employment is transferred from the public sector.

I gave assurances in Committee that the rights of staff when transferring from the employment of a maintained school to an academy trust are protected by TUPE, but the application of TUPE at conversion does not mean that staffing cannot be reviewed and restructured after conversion—just as it can be before. We are clear about the need for school work force reform to improve the quality of teaching. We want to make it easier for schools to tackle poor performance by helping underperforming teachers to address their professional weaknesses or by enabling head teachers to deal more quickly with entrenched underperformance.

I listened carefully to my hon. Friend’s argument, and he will have some support for the views that he expresses.