Criminal Justice and Courts Bill

Debate between Robert Buckland and Guy Opperman

Monday 12th May 2014 Commons Chamber

[Mr Buckland]

I rise to speak to amendment 19, which is tabled in my name, relating to the issue of accountability for special educational needs in the proposed secure colleges. The amendment would make the principal of the college responsible, first for reviewing the SEN provision available in the college; secondly for identifying whether the work force are appropriately skilled to support young people with SEN; thirdly for working with that young person’s home local authority when they might benefit from a new education, health and care assessment, which was established by the welcome Children and Families Act 2014; and finally for undertaking those duties with advice from the secure college’s special educational needs co-ordinator.

It is worth reminding the House once again why special educational needs in secure colleges is such a fundamental issue. Research suggests that 60% of children in custody have communication difficulties; a quarter of children in the youth justice system have a learning disability; three quarters have serious difficulties with literacy; and 17% of young offenders have a statement of SEN, compared with 3% of the general population. Those difficulties are often not identified until the young person enters custody. Ensuring that a young person’s SEN needs are recognised and supported is essential to the success of the Government’s stated aim in introducing secure colleges: to put education at the heart of youth custody. I fully support that aim.

We had a short debate on these issues in Committee, and I listened carefully to the Minister’s response to the concerns raised about SEN provision. He said that he would expect potential education providers to demonstrate that they could provide the necessary support for detained young people with SEN, and I am sure that he would agree that training for staff in that discipline is crucial. However, I understand that the Government do not want to constrain innovation by putting into statute too many specifications on what providers must deliver and that the more detailed requirements on provision will be included in the contract.

That is why my amendment does not specify the detailed SEN provision or training that must be provided; rather, it seeks to place duties on the principal to keep that provision and training under review. That has several advantages. It is a means of ensuring that contractual commitments relating to SEN are delivered on the ground. It creates a strong statutory framework around which the provision of SEN support and training can be provided, but it does so without being restrictive or prescriptive in the way the Minister was concerned about.

One of the major challenges we face is linking up provision in custody and provision in the community. We do not want to see progress made by a young person while in a secure college to be lost after he or she is released, because for many detained young people—this is a sad reality, but it is true—custody might be the first time in many years that they have engaged in education. For far too many it is the first time their special educational needs are identified. It is therefore crucial that any information identified in a secure college is passed on to the home local authority so that there is continuity in ensuring that their needs are met. Upon release, those young people might be eligible for an education, health and care assessment from their home local authorities. That might need to begin before they are released so that a proper package can be put in place to prepare the ground for that transition. That is why my amendment would require the principal of a secure college to pass any information on a child’s special educational needs to their home local authority, building on the great strides that have been made in the 2014 Act.

[Guy Opperman (Hexham) (Con)]

I congratulate my hon. Friend on his eminently good speech, which, as always, draws upon his expert knowledge of SEN. Is he not describing an integrated form of education whereby what takes place inside one particular institution is transferred seamlessly to other institutions involved? Is that not what we should be aiming for in all education across the prison system?

[Mr Buckland]

I am grateful to my hon. Friend for that intervention. Already in the debate we have heard, in speeches and interventions, about the relatively short period of time that young people spend in custody. That continuity is absolutely essential if we are to take meaningful strides not only in dealing with rehabilitation, but in reducing reoffending rates, which concern all of us and are a priority for the Government.

My amendment is a probing amendment, but I am keen for my hon. Friend the Minister to consider further these proposals in relation to SEN provision in secure colleges: that education providers in those colleges be required by contract to put SEN at the heart of their education provision; that those providers also be required by contract to ensure adequate and proper training for staff so that they can properly identify special education needs and meet that need when it is identified; and finally, that we give further thought to exactly who in a secure college should be responsible for working with home local education authorities when young people either have education, health and care plans, or might be eligible for them. I commend those points to the House.

Currency in Scotland after 2014

Debate between Robert Buckland and Guy Opperman

Wednesday 12th February 2014 Westminster Hall

[Guy Opperman]

I speak as a Brit, a mongrel Englishman, a lover of Scotland and an MP whose constituency borders Scotland. Were there to be Scottish independence, I have no doubt that tourism and trade would continue, but it would be naive not to accept that trade on a cross-border basis would unquestionably be affected. That is not some Conservative Member of Parliament speaking; that is the opinion of the chambers of commerce, local authorities and business groups I have spoken to on both sides of the border.

Some of the key questions have been raised by the hon. Member for Edinburgh South, but I have some others. On what basis would Scotland get to keep the pound? Would it be used informally, just as some Latin American countries, Greece and Montenegro use other currencies? Why should the Bank of England take notice of Scotland in setting monetary policy? Why should the Governor travel to Edinburgh and be interrogated by Scottish MPs in such an event? After independence, surely the Governor would owe his appointment entirely to a rest-of-UK appointment system? At that stage, would the First Minister come to London seeking an audience to negotiate? The arguments that have been put forward are, respectfully speaking, a farce.

I also suggest that, when one goes through Mark Carney’s speech and looks at the currency options, it would seem that the SNP proposes to keep the pound as part of a formal sterling currency union agreed with the rest of the UK. However, the SNP seems not to have contemplated the fact that that would involve giving up huge amounts, as Mark Carney made very clear, as well as requiring the agreement of all other parties. The SNP seeks independence but would require and accept greater control by a third party.

[Mr Robert Buckland (South Swindon) (Con)]

Does my hon. Friend agree that the phrase “sterling area” used in the Scottish Government White Paper is wholly misleading? The sterling area that used to exist with the Commonwealth and Ireland was all about pegging exchange rates; the SNP actually wants full currency union, with all the concomitant controls that that would require.

[Guy Opperman]

I entirely endorse my hon. Friend’s point. I looked at the Scottish Government White Paper, and it states that

“a monetary framework will require a fiscal sustainability agreement between Scotland and the rest of the UK”—

that is, if independence goes ahead—

“which will apply to both governments and cover overall net borrowing and debt. Given Scotland’s healthier financial position”,

after independence, presumably,

“we anticipate that Scotland will be in a strong position to deliver this.”

With respect, that is complete comedy.

Syria and the Use of Chemical Weapons

Debate between Robert Buckland and Guy Opperman

Thursday 29th August 2013 Commons Chamber

[Guy Opperman (Hexham) (Con)]

I am a former human rights and criminal lawyer who has worked in this country and abroad, and I want to address the legality of the process we face today. The effectiveness of chemical weapons is beyond doubt—that is why people want to use them. Their usage is a war crime and a humanitarian catastrophe, and I agree that the perpetrator, in any circumstance, should face justice.

It is a sad fact that all of our constituents are scarred by the Iraq and Afghanistan experience, which has poisoned the well of public confidence in so many ways. The public clearly lack confidence in our attempts at foreign policy. I know that the majority of my constituents in Northumberland and the majority of those in this House of Commons do not want to get involved in a civil war in Syria. Neither do I. I am clear that I have no desire for land forces or long-term involvement in this civil war, however abhorrent both sides are. I am grateful that both the Government and the Opposition have made that point clear. The reality of the situation is that we are only discussing the limited use of potential air strikes to diminish chemical weapons capacity.

I welcome the Prime Minister’s approach in holding the debate today, the decision to hold a second debate in the future, the publication of the JIC report and the Attorney-General’s legal summary. I thank my right hon. and learned Friend for the meeting yesterday. The revised motion gives a stronger and greater role to the United Nations. If anybody could urge the United Nations to resolve this, all of us would do so. Both the motion and the amendment seek the UN’s assistance. Whether we would be able to achieve that is a separate matter.

On usage and evidence, many have made the case that there is widespread and extensive evidence—from multiple intelligence agencies and the Arab League—of the repeated use by Assad of chemical weapons in the past couple of years, certainly in excess of a dozen times. All participants admit the usage on 21 August, when 300-plus were killed and 3,000-plus were maimed. If there is a delay, we hope that the UN can assist, but what do we do if 98% of the UN wish to pass a resolution but a country such as Russia blocks us? That has been the reality for some time and I suspect that that will be the reality in the future. One has to pose the question that if an incident like the holocaust were to happen tomorrow and one of the Security Council objected, what would the rest of the world do? We have to ask whether we are prepared to allow Russia to be the sole determinant of which part of international law is to be observed. Exact parallels can be found in the Kosovo situation in 1999, when Russia sought to prevent any NATO action.

[Mr Robert Buckland (South Swindon) (Con)]

I am listening carefully to my hon. Friend’s analysis of the UN. The General Assembly is about to meet. Does he agree that using the General Assembly as a mechanism by which we could obtain a recommendation for action in Syria would be a sensible option for us to consider before exhausting all mechanisms within the UN?

[Guy Opperman]

I completely endorse that. In Kosovo in 1999 there were three broadly supported UN resolutions. Although not enough to get over the UN hurdle that we seek to overcome, they did provide the assistance and support that such a course would entail. We have to address what the legal basis is for any proposed action by the British or other international troops.

Mobile Homes Bill

Debate between Robert Buckland and Guy Opperman

Friday 19th October 2012 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

I am delighted to support a Bill that for many of us has been long overdue. I pay tribute to my hon. Friend the Member for Waveney (Peter Aldous) for securing a favourable position in this year’s ballot and on having the good sense to take on this cause, not only for his constituents, but for all the constituents—the thousands of people—we represent, many of whom have been suffering for too long as a result of the actions and the inactions of unscrupulous site owners.

I am delighted to follow my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke). She and I have been working on this matter since my arrival in this place some two and a half years ago. Alongside the hon. Member for North East Derbyshire (Natascha Engel), we have, I think, worked together very well as part of the all-part group on mobile homes, along with my hon. Friend the Member for Winchester (Steve Brine) and others. However, the real tribute should go not only to Sonia McColl, who has rightly been mentioned, but to all those residents who not only have raised the issue with their Members of Parliament and their councils, but have come to this place and spoken, very eloquently indeed, about the issues they face. I include in that the residents of Brook Meadow Park in my constituency, in Wroughton, near where I live. They have come to this House on several occasions and have spoken up very powerfully indeed about the problems they experience.

It is sad to note that, in the years since I first became concerned and involved with these issues prior to my election to Parliament, apart from one or two items of progress—most notably the transfer of jurisdiction from the county court to the tribunal system last year—progress has been altogether somewhat slow. This Bill marks a welcome further stage in the process of recognising the fact that park homes are not merely goods or chattels to be bought and sold, but are the homes of thousands of our residents. We have heard the statistics; we know what the expectations are of people who live in mobile homes. What they want is security, safety and that well known legal phrase “quiet enjoyment”. It is that principle which we should adhere to strongly when we consider legislation in this area.

As a parliamentary candidate, I was particularly concerned with the issue of sale blocking. I am delighted to see that the various provisions in clause 10 mark a welcome change in this area. I accept that a distinction is to be drawn between agreements that are made or assigned after the commencement of the legislation, if it is to be enacted, and existing agreements. Hon. Members have already quite rightly raised the issue of whether that could be made retrospective. I would urge the Government and everybody concerned to consider the matter carefully when the Bill goes to Committee. At this stage it is right just to outline where we are with the provisions.

For existing agreements, although the right of objection by a site owner is not to be removed, there is welcome change. It is important to emphasise that, because the effect of the new provisions will be to reverse the burden of proof. The prospective buyer will no longer have to demonstrate their suitability; rather, it will be for the site owner to demonstrate, via use of the tribunal, that the prospective purchaser is unsuitable. That is an important point to make. The change is one that we should welcome warmly, and it is one that will give some comfort to all our residents who have existing agreements. Obviously the position is dramatically different for new agreements, which is an extremely welcome initiative.

When it comes to one of the most fundamental issues in the campaign waged by residents and others, I am absolutely delighted that a “fit and proper person” test for licensing is now part of the Bill. That is something that we have heard about from residents time and again, and I know that they will be as pleased as I am to see those words in the Bill. At long last, the Bill gives a benchmark against which local authorities can work and a benchmark for every site owner to reach. It also gives certainty to all residents concerned. That test will go a long way towards resolving some of the abuses that have taken place in far too many parks.

The question of enforcement has already been raised. It is important to note that, sadly, there is often a disconnect between what the statute says and what the powers of local authorities may be, and the economic realities that apply. As I said in an intervention, the sad truth is that for many local authorities the cost and resource implications of taking on prosecutions are often too high for them to bear. The low penalties that have applied until now are a further disincentive to local authorities in bringing prosecutions for infringement.

[Guy Opperman]

In the past my hon. Friend has, like me, done cases on behalf of residents of park homes acting against landlords. Does he agree that, just as there is a need for local authorities to pursue criminal actions, it is manifestly the case that all matters would be so much easier if, when the original purchase took place, there was a solicitor involved?

[Mr Buckland]

I entirely take on board my hon. Friend’s point. This is a plea not for more work for lawyers—I declare my interest as a lawyer—but for all residents to ensure that they are fully and properly advised about their rights in the purchase of park homes, as well as their rights pursuant to any sale of them and their rights when it comes to the enforcement of an existing licence.

I know from my own discussions with residents how frustrated they feel when the local authority says, “It will be very difficult for us to do anything, because we do not have enough resources to mount a full prosecution.” If, for instance, a private building has become so dilapidated and dangerous that it poses a health and safety problem or a threat to the environment, the local authority can issue an enforcement notice, but it has no power to do so in the case of park homes. The Bill deals with that very effectively.

At long last, local authorities can take advantage of further stages before prosecution to enforce licence agreements. The issuing of a notice will often do the trick. It will place the onus on the site owner to make good any dilapidation, or to deal with a problem caused by a poor access road, a dangerous tree or an item on the site that is causing a potential or real nuisance to park home owners. It will give the site owner an incentive to get on with the job and ensure that the wrong is righted. The increase in the armoury available to local authorities is an essential part of the Bill.

As other Members have pointed out, this Bill is not the consequence of a headline or a knee-jerk reaction to a single isolated case. It is the product of many months, if not years, of careful evidence-gathering, consideration of the technicalities of the existing law, and testimony from thousands of our constituents whose stories of suffering have not only moved us all, but demonstrated to us the deficiencies of the existing legislation.

Defamation Bill

Debate between Robert Buckland and Guy Opperman

Tuesday 12th June 2012 Commons Chamber

[Mr Buckland]

I was trying to illustrate the point by saying that there is a fine balance to be struck between freedom of expression and the rights of individuals to protect not only their privacy, but their reputation.

It has been said that reputation is a question of taste, but it is also a question of approach. Some take a very relaxed approach to attacks on their reputation. For example, when in his old age the Duke of Wellington heard about a book that was to be published about his private life, he famously said: “Publish and be damned.” That might well have been because he realised that most of the allegations in the book were true—I can say that only because the noble duke is long gone. Some take Groucho Marxs’s attitude. To Confidential, the infamous magazine published in the US from the ’50s onwards, he wrote:

“If you don’t stop printing scandalous articles about me, I’ll be forced to cancel my subscription.”

Sometimes, however, when there is no alternative, the only reasonable response to defamatory or libellous representations is for the individual to seek legal advice and to take action. That very much depends on the individual, the circumstances and the context. The Bill addresses, as well as primary legislation can, the nuances and the infinite range of contexts within which libel and defamation actions can be brought.

On alternative dispute resolution, to which many hon. Members have referred, no matter what we do to reform the law, the question of the cost of the legal procedure will remain. Like the Ritz, the law remains open to all, to adapt a well-worn phrase. The Jackson reforms were much criticised in the context of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, but they will not serve to change significantly access to justice in libel cases. Legal firms seeking to build their reputation will always be interested in taking the cases of well known individuals who have had their reputations besmirched, such is the way of practice.

[Guy Opperman]

Does my hon. Friend agree that the practice of libel is such that a potential claimant will be massively dissuaded from seeking to bring an action without some degree of cover for the costs they could incur? Does he also agree that the way out of that situation is to institute protective costs orders for actions brought in the public interest?

[Mr Buckland]

I am grateful to my hon. Friend for his constructive suggestion on what—I concede—is a problem. Jackson has recommended an uplift in damages to help to deal with the non-recoverability of after-the-event insurance and success fees. I accept that that will not be enough in some cases to deal with the loss to the individual that the recouping of costs and the plaintiff’s damages will mean. That is why alternatives such as the one he suggests have great merit. I would like to think that we will see a more sophisticated development, such as a before-the-event insurance market. Perhaps a person who becomes a celebrity or goes into public life could gain an advantage by taking out before-the-event insurance, but I accept that we are in the early days of such a market, if one can exist.

On the public interest defence in clause 4, I support the understandable reluctance of the Joint Committee on the draft Bill and the Government to seek to define the term in law. The Joint Committee on Privacy and Injunctions found that what “public interest” means evolves from year to year and from case to case. It is far better to leave the term to be defined according to the case in which it is invoked.

The question of determining whether the defendant has acted responsibly in the public interest is dealt with in the Bill; the Bill suggests that the court may have regard to a non-exhaustive list of factors. My right hon. and learned Friend the Lord Chancellor dealt with that in his speech, but in my intervention on him, I highlighted the danger of such a list becoming a set of hurdles over which defendants would have to jump before establishing their defence. My view is that if the Bill contained a catch-all consideration—namely, a provision that allowed the court to consider all the circumstances of the case—the danger of that non-exhaustive list becoming a set of hoops through which defendants had to jump would be adequately addressed. With that caveat, therefore, I support clause 4.

Much has been said about the internet. I do not need to rehearse those arguments, so I will turn instead to clause 12, an interesting clause that gives the courts the power to order publication of the summary of a judgment made in a defamation case. That is a welcome change, which is a reflection of the public interest not only in allowing damages to be claimed by people whose reputations have been unjustifiably besmirched, but in obtaining proper restitution for that individual—in other words, in restoring, as much as possible, the reputation of the person aggrieved to its previous state. However—coming back to dear old Mrs Trellis—let us face it: that is what the object of the law should be all about. It is not just a question of damages; sometimes—I would say in most cases—damages should be a secondary consideration. It is all about trying to restore the wronged reputation of the individual concerned, although in privacy cases, once the secret has been brought out into the public domain, it is impossible to put the cat back into the bag, so to speak. Nevertheless, the question of intrusion remains and, in that context, there can be proper redress of grievance for the individual concerned. Once again, the two issues come together in an inevitable way.

This Bill is the product of much careful consideration. It is the better for it, which is why I am happy to support it on Second Reading. I commend the Bill to the House.

--- Later in debate ---

[Guy Opperman]

I am delighted to say that to a certain extent such advice does exist. There more developed citizens advice bureaux and victim support organisations are able to provide such assistance, as are the Bar Pro Bono Unit and the Free Representation Unit. I have represented individuals in libel cases as part of the Bar Pro Bono Unit, and there will certainly continue to be such accessibility. However, my hon. Friend identifies one of the fundamental flaws in the Bill, which I hope will be remedied in Committee.

The Jackson report that was instituted by reason of the Legal Aid, Sentencing and Punishing of Offenders Act 2012, which we passed on 1 May, ensured that there is no ability to recover the cost of insurance for the litigation. The consequence of that is that individuals who wish to bring such litigation against a newspaper would have to risk a great deal were they unsuccessful. There is a way round that. The way forward is for the courts is to develop what they have developed in other branches of the civil litigation arena—a protective costs order. In the case of Compton v. Wiltshire primary care trust, the protective costs order was extended to a local group of individuals to make the case a matter of public interest. This means that were someone to wish to bring a civil action against a public organisation or a newspaper and it was in the public interest for them to do so, they would be protected were they to lose the case because the very fact of bringing that action constituted something that was in the public interest. I suggest that we will see that development in libel and defamation law. As my hon. Friend the Member for Northampton North said, common law will develop to accommodate the fact that, sadly, there is no legal aid and precious little to assist the individual litigant in taking a case against the newspaper or public institution that has defamed them.

The nature of this Bill is such that there is general agreement that we need to move forward and have a better understanding of such access to justice, which is patently not there at the moment. I should make a declaration as a trained mediator and as someone who was at the Bar and has earned a moderate living as a barrister. [Interruption.] I was not a very good libel lawyer, I hasten to add. The shadow Minister just said that I used to practice extensively at the Bar in this field, but I assure him that I was of no quality whatsoever in libel cases; I got far too irate. A greater use of mediation at an early stage can only assist. Looking at the various problems that arise in libel, the mediation and the apology at the early stages are most important, not necessarily the damages that are ultimately sought, but we get so enmeshed in the process of litigation that we end up with a case that has mushroomed way beyond the reality of the loss entailed. I therefore welcome the extra mediation and alternative dispute resolution processes that the Bill will bring about.

I warn that there can be a sad tendency to have a great deal of discussion at the early stages of the litigation process. I have witnessed that in many a case. One has to clear hurdles at the outset to prove that the nature of one’s case gets over a certain threshold and it would be not unheard of for a newspaper or a public organisation with deep pockets suddenly to attack the individual and say, “We don’t accept the judge’s finding that you’ve got over this hurdle—we shall appeal this.”

I represented Mrs Compton in the case of Compton v. Wiltshire primary care trust, which concerned the health services in the constituency of my hon. Friend the Member for South Swindon (Mr Buckland). There were 14 separate pieces of litigation involving the primary care trust that went all the way to the House of Lords on seven separate occasions. Her original hurdle was overcome and tested all the way to the House of Lords. These early hurdles must have a finite end. If one has a preliminary hurdle to get over in a defamation case, as is now set by the Bill, there should be one single right of appeal and then the matter moves on. Without that sort of process, an individual may find themselves enmeshed in ever-deeper litigation before the case has even got off the ground. By that stage, years have passed, their reputation is gone, and their ability to respond to the libel or defamation has totally dissipated. I warn the Minister that there needs to be strict guidance on the maintenance of the alternative dispute resolution process as it goes through.

I am glad that my hon. Friend the Member for South Swindon has returned to his seat. I sat through his lengthy and impressive speech, in which he said, if I remember correctly, “The law, like the Ritz, is always open.”

[Mr Buckland]

I said that it is open to all.

School Governance

Debate between Robert Buckland and Guy Opperman

Tuesday 1st February 2011 Westminster Hall

[Mr Buckland]

My hon. Friend is right to mention middle England. Like me, he represents a seat with a wide spectrum of social indices. We have schools in leafy suburbs, schools in challenging areas and schools with a large percentage of black and minority ethnics. Time is a precious commodity wherever one lives, but energy is even more precious. It is incumbent on policy makers to lead the debate when it comes to focusing the valuable talents and energies of our school governors.

I mentioned earlier the frustrations that I felt about long and unproductive meetings, but those frustrations are often shared by head teachers. They spend a lot of time having to prepare long documents that are then read out to the governors. With the best will in the world, head teachers do not always have the time to do the important early pre-meeting circulation that can improve accountability. It is rather like a half-baked cake; it has good content, but it has not set in a way that makes it digestible. I am sorry to say that that experience is repeated throughout the country.

I do not criticise the entire system, nor do I criticise volunteering. I am entirely in favour of the system, but we must maintain the important principle at its heart. With a little adjustment here and there, and a little imagination, we could get it right. We should fit the system around the talents of the governors rather than trying to fit the governors into a rather tired and stale system. That is the essential point that I wish to make today.

[Guy Opperman (Hexham) (Con)]

I am fascinated by the idea of the half-baked cake, and where we are going with particular parts of it. May I raise the matter of special educational needs? My hon. Friend knows that I have experience in that field, and I am curious to know his view on it, and the interaction between what the headmaster and the governors are doing, on an ongoing basis.

[Mr Buckland]

My hon. Friend has a long history as a lawyer in dealing with SEN tribunal cases. He will know that my last role in my last school was to be the SEN link governor. Therein lies the essence of the dilemma often faced by governors. I was working with a dedicated and talented SENCO—a special educational needs co-ordinator—with years of experience. She would come to me with issues that sometimes strayed into operational areas. As the SEN link governor in a mainstream school, I felt that I had a duty to raise her concerns and to ensure that the issues of SEN and of those students who had statements or who were on a school action plan or school action plus were put centre stage of key strategic decisions.

One of the issues facing us was that the SENCO was not part of the senior leadership team. There was a champion for special needs—an assistant deputy head teacher who was a talented and able person—but it would have improved things if the SENCO had been part of the senior leadership team. That ties in with some of the suggestions made by the National Governors Association, which takes the view that there is no need for a SEN link governor because that work falls under operational matters. I hesitated when I read those observations, because making such a move is all very well, but unless the SENCO is at the heart of the leadership team, a link governor is necessary to represent the interests of not just the special needs staff, but the children with special needs and their parents.

I am grateful to my hon. Friend the Member for Hexham (Guy Opperman) for his comments. It is important that we get down to detail when we consider that sometimes troubling division between setting strategy and operational matters. The same can be said about looked-after children. My hon. Friend the Member for Crewe and Nantwich (Mr Timpson), who sadly cannot be with us today, is campaigning assiduously to ensure that the needs of looked-after children in mainstream schools are properly represented. He is championing the cause for a link governor for those children. I make exactly the same observation as I have with SEN. The matter can be dealt with if there is proper representation for looked-after children in the senior leadership team, with the deputy head teacher ensuring that their voice is heard and that their interests are taken into account.

I have talked about autonomy and the gradual decline in the role of local authorities, which places quite a significant role on governors. Many schools in my local area are considering academy status. Some have formally applied for it and others are considering it. Some schools are thinking about federation, which is a huge opportunity to enhance the strategic approach taken by the governing bodies. Moreover, it is an opportunity to enhance that division of work between strategy and monitoring.

With devolution of power to schools goes devolution of power within schools. That means that learning departments—whether English, maths or modern foreign languages—will have link governors to liaise with governors whose strategic role is to monitor the progress that each department is making. Many schools, including my own governing body, have such a system in place, but whether it is working as well as it could is another matter. If we accept the role of volunteers, we have to acknowledge that volunteers’ time will depend on the nature of their other commitments. That is why it is vital that we understand the principle of matching the talent to the available roles.

Some governors have particular expertise in procedures to do with exclusions and complaints, particularly those made by parents. An increasingly important part of the role of governors is dealing with complaints. The Government are doing all they can to simplify and rationalise the exclusion system. I know that they quite rightly view exclusions as a last resort. It is the last option for a head teacher, who will use it as their ultimate sanction when dealing with a particular issue in the school, and that is the right approach. However, it means that more emphasis will be placed on pre-exclusion work, and the role of governors in that regard will become more and more important.

[Guy Opperman]

In respect of exclusions, does my hon. Friend welcome the fact that we will be doing less work on a long-term basis on exclusion procedures because they will be simplified as we move forward?

[Mr Buckland]

My hon. Friend is absolutely right. I was putting it in a slightly more roundabout way. Although there will be less work on formal exclusion procedures, there will be a growth in other types of intervention, most notably in parental complaints. I know that every governing body will have a policy on complaints, but they must be assiduous in ensuring that those policies are comprehensive and understandable to the parents themselves.

I have used that example of special work as a way of engaging people in the community who have a talent, a training or an understanding of such principles but who may not have the time to commit to regular committee meetings. Although I do not want to see visitors coming into the school with no knowledge of the environment, people with specialist knowledge have an important role to play. If they get the training to deal with specific procedures, they can help out schools with particular challenges. One example is the big issue of finance that faces school governing bodies and head teachers. There is no doubt that the most onerous part of the duties of academies, free schools and maintained schools will be the maintenance of their budgets. It is already a big challenge for many schools. Some schools are getting it right; others are finding it more difficult. I am not casting aspersions on individual schools; I am simply stating a reality. Having spoken to many teachers and head teachers over the years, it is my understanding that they are always receptive and open to the sort of input that people with specialist financial training can provide. Although the Government are doing all they can to simplify financial structures, make financial information easier to understand and remove some of the labyrinthine documents that I have had to view over recent years in the context of SEN funding, I can see a key role for people with financial expertise in not just the strategic running of a school but in assisting head teachers and finance officers with the management of budgets.

Academies Bill [Lords]

Debate between Robert Buckland and Guy Opperman

Monday 19th July 2010 Commons Chamber

[Guy Opperman (Hexham) (Con)]

I have spent a large portion of my time as a special educational needs barrister representing local authorities throughout the country. I also represented, with great interest, the right hon. Member for Morley and Outwood (Ed Balls) in his previous incarnation as Secretary of State for Children, Schools and Families.

I want to speak on behalf of the people of Northumberland, which is one of the most rural parts of the country. It has the biggest catchment area in England—Haydon Bridge high school has a catchment area roughly the size of the area inside the M25. The school looks on the proposals with interest, but needs some reassurances that matters that affect rural schools, particularly transport, will be addressed.

Northumberland broadly welcomes the Bill. I met all four head teachers in the local area on Friday and discussed the proposals with them. They required assurances, some of which were tackled today. I am sure that more will be addressed later this evening and during the rest of the week. I also note that, in the debate in the House of Lords, which went on for seven days, considerable analysis and change took place as part of the Bill’s development. It has not been set in stone, without any change—it has developed.

The Bill follows on from Lord Baker’s work in the Education Reform Act 1988, through the Learning and Skills Act 2000 and the 2005 White Paper under the Labour Government. To address much of the problem with today’s debate, we must go back to Tony Blair’s words in 2005. I have sat here for some five hours, listening to the debate, which has been fascinating, and I remind hon. Members of Tony Blair’s comments:

“We need to make it easier for every school to acquire the drive and essential freedoms of Academies…We want every school to be able quickly and easily to become a self-governing independent state school… All schools”—

I emphasise “all”—

“will be able to have Academy style freedoms…No one will be able to veto parents starting new schools or new providers coming in, simply on the basis that there are local surplus places. The role of the LEA will change fundamentally.”

The position in 2005, subject to some slight delay in the past few years, has now moved on. In 2010, we are effectively taking forward the developments that started in the 1980s.

[Mr Buckland]

Does my hon. Friend agree that the debate and discussion in the other place yielded fruit in the form of important provisions for children with special educational needs, particularly the guarantee that the funding formula will be no different for children in maintained schools from that for children in academies?

[Guy Opperman]

I accept my hon. Friend’s point that the SEN argument developed as time moved on from the starkness of the conversation that took place in the House of Lords on 7 June, 23 June and 26 June. The development in the Bill’s special educational needs provisions will improve the situation in academies in respect of children’s individual capabilities.

Without question, the Bill takes things forward. There is great scope and need for this change, and I urge the House to consider it favourably.