Lord Coaker
Main Page: Lord Coaker (Labour - Life peer)Department Debates - View all Lord Coaker's debates with the Department for Education
(13 years, 9 months ago)
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Vernon Coaker (Gedling) (Lab)
I think that the hon. Lady’s amendment puts forward a good point. However, does not the intervention from the hon. Member for Crewe and Nantwich (Mr Timpson) highlight the problem with the process that we have to go through in that the hon. Lady could have the most brilliant idea ever and be like Cicero in presenting it, but it would make no difference at all because there is no Report stage for the Government to consider her point and table appropriate amendments?
Caroline Lucas
I am very grateful to the hon. Gentleman for coming to the rescue. That was an exceedingly good point, which completely reinforces the fact that we are being forced to rush the Bill through at breakneck speed for no better reason than, presumably, the Secretary of State wanting to put a notch up and say that he has managed to achieve something before September. That is not a good way to make decisions. We should be going through the Bill line by line, making proposals and hearing the Government’s response so that we are able to create the best possible legislation. We are being railroaded into a charade that is not designed to get the best piece of legislation on to the statute book, and that is what we should be getting.
Dan Rogerson (North Cornwall) (LD)
I welcome you back to the Chair on the third day of our Committee proceedings, Ms Primarolo.
My hon. Friend the Member for Southport (Dr Pugh) presented a strong argument, which the Minister clearly needs to answer, on whether the Bill currently goes far enough in giving those who care about the future of their school the opportunity to be involved in determining it. My hon. Friend set out the case for a ballot and looked back to the previous Conservative Government’s decisions about grant-maintained status, which he looked to as a model. Like other hon. Members, he acknowledged that our noble Friends in another place debated consultation at length, hence the provision, which should have been included from the outset, for consultation. The hon. Member for Stockton North (Alex Cunningham) mentioned it, and it has improved the Bill a great deal.
My hon. Friend referred to the parents of children who currently attend the school as the electorate in such a ballot. As my hon. Friend the Member for Portsmouth South (Mr Hancock) pointed out, many other interested parties may wish to be part of it. I therefore think that amendment 8 is a very useful tool for prompting a discussion on who should be consulted and how.
We are considering a series of amendments, which examine consultation and votes in detail. The hon. Member for Brighton, Pavilion (Caroline Lucas) tabled a new clause, which would allow for a reversion to maintained status if there were a trigger. She set out a 10% threshold on that. We could make some sort of hybrid amendment that sets out a 10% threshold of parents to trigger the kind of ballot that my hon. Friend the Member for Southport mentioned, or adopt a model based on the amendments tabled by the Opposition, which are more specific on who should be consulted and how that should happen. The debate is therefore important.
Vernon Coaker
The hon. Gentleman makes a perfectly reasonable point, but the problem is that we cannot amend the Bill unless we win a vote. That is the problem with this process. Frankly, we all feel immense frustration. His point is exactly right, but we cannot amend the Bill.
Dan Rogerson
The hon. Gentleman has made that point on a number of occasions—this afternoon and previously—but the fact remains that it is a question not just of whether we amend the Bill, but how we do so. That is what we are debating. When the Minister responds, he might say what the guidelines are for consultation on aspects of the Bill following debates in another place.
Amendment 8, which was moved by my hon. Friend the Member for Southport, is quite specific about one group of people who will be affected and who may take an interest.
Dan Rogerson
My hon. Friend is right that amendment 8 sets out such a procedure, but the question is whether we should adopt it and whether it will allow everybody who might want a ballot to trigger one.
Dan Rogerson
I should like to make a little progress, after which I will happily give way to the hon. Gentleman, who I hope will contribute to the debate on this group of amendments.
The key question is this: do we feel that there is enough consultation provision in the Bill? There is also an issue of timing, to which my hon. Friend the Member for Southport and others referred when speaking to amendment 9. Is it possible to have meaningful consultation after an application has been made to the Secretary of State? In the debate in the other place this issue was addressed, and, as I recall, it is the signing of the funding agreement that makes things final. Therefore, should consultation reveal that everyone in the wider community is horrified by the idea of the school becoming an academy, there would be the option not to proceed. In other words, before the final funding agreement is signed, the application could be withdrawn and the process stopped at that point. There is a misunderstanding about when the point of no return is reached. It is not when the application is approved, but when the funding agreement is signed.
The Second Deputy Chairman of Ways and Means (Dawn Primarolo)
I call Vernon Coaker.
Vernon Coaker
Thank you for calling me to speak, Ms Primarolo. It has been an interesting debate so far and, clearly, more Members wish to contribute to it.
The Government are in a mess on consultation. There are all sorts of worries and concerns on both sides of the Committee about consultation and what it actually means in practice for both local communities and individual schools across the country. This is a live issue for the Government, because we are supposed to be in an era of new politics, which is about localism—involving, talking to and empowering local people and communities—yet the Government are unclear about what that means in respect of schools.
Under the Bill in its current form, a governing body and head teacher can, effectively, apply to become an academy and be fast-tracked through that process if they are outstanding, and it is the Secretary of State who makes the final decision. This is therefore a hugely centralising measure that completely bypasses the local community, the local authority and anyone of influence in a local area. The Government can state clearly in the Bill that that is not their intention and they do not wish that to happen.
I take on board the point that there are many good governing bodies and that we should not impinge on individual governors and head teachers who work extremely hard, but they operate on the basis of what they consider to be best for their individual school whereas it is incumbent upon us here to pass laws that not only look towards the interests of individual schools but address such issues within the context of the education system as a whole. The Government’s intention is that thousands of schools will become academies and hundreds will be fast-tracked through the process but, as I said last week, I think we will simply be taking a leap in the dark, with no real idea where this will end up.
The Minister must tell us how many schools have applied to become academies and how many he anticipates will be academies in September 2010. The press release that the Department for Education sent out at the beginning of this process on 2 June told us 1,000 schools had applied for academy freedoms, but that is not what it meant to say. It meant that 1,000 schools had expressed an interest in that, but where are we now in this regard? Where have those schools got to in respect of consultation? Who will they be talking to in August? Which governors are consulting which local authorities? Which governors are talking to which parents? Which governing bodies are talking to which communities? What consultation is going on, given that the Secretary of State has expressly told this House that he wants as many outstanding schools as possible to be fast-tracked to academy status in September? “Not a clue,” is the answer from the Government. Any reasonable and rational person would say it is difficult to have such consultations when schools are on holiday. I accept that—we all accept that—but in that case the Government should not set out as one of the Bill’s policy objectives that large numbers of schools will become academies.
The Government have not stated what consultation they expect the schools that are being fast-tracked to academy status to be involved in. They have not set before the Committee what the process will be by which they as a Government monitor that, other than to say that there is a point of contact at the Department for Education. What on earth does that mean—a phone call, perhaps, or the odd letter, or a couple of e-mail exchanges? What evidence will be collected to ensure that the measures in the Bill—even the measure on this limited consultation—are followed? The issue of legal challenge was rightly raised. There will be a legal challenge if the Department cannot give adequate explanations—other than what it has given so far, which is extremely woolly—in respect of even the limited consultative process in the Bill, with the pre-commencement later on in it. If it cannot do that, there is a real problem.
Pat Glass
I wonder whether my hon. Friend agrees with me about what is happening in a school that is outside but close to my constituency, which may affect children in my constituency. The head teacher and a small number of governors have made an application for academy status and it is being fast-tracked, but the head teacher is retiring on 31 August. Does my hon. Friend agree that this is contemptuous, not only to children and to parents and to the local community, but to the new head teacher who is due to take over a school which is going to change in character and is not going to be the school to which he applied? That is what is happening as a result of this Bill being rushed through this House.
Vernon Coaker
I agree with that. The point that we have made on numerous occasions is that even if the Government think that this is a good Bill—they clearly do—and are determined to push forward with it, the rush to put the legislation in place will have unintended consequences of exactly the sort that my hon. Friend describes. I am not trying to be smart when I predict that individual Members from across the House will have individual schools coming to them about problems with this process and the adverse consequences that it is having for their area, and that will be as a result of having rushed this legislation through.
Mr Gibb
May I help the hon. Gentleman by saying that schools that do wish to convert this September must have submitted their applications by 30 June, so there will be time before the beginning of the schools’ summer recess for consultation to take place? In addition, the consultation is not required to terminate by September; it can go on through the autumn until the funding agreement is signed. So there is plenty of time, both before the summer and after it, for this important consultation to take place.
Vernon Coaker
I am afraid that the Minister is just asserting things; there is no fact in what he just said. How many schools are going through this process? What are they actually doing to consult? Are they sending a letter to every parent? Are they holding parents’ meetings? Are they going out into the community? Are leaflets being sent round? Are other schools involved in this? Are other governing bodies involved? Is the local authority involved? What does what the Minister has just said mean? The reality is that none of us knows.
Mr Mike Hancock
In view of what the Minister has just said, is the hon. Gentleman not slightly mystified, as I am, why the Government cannot tell us the number of schools that have indicated since 30 June that they want to start this process? Surely the Department ought to be able to make that information available to the Committee.
Vernon Coaker
Absolutely. The point that the Minister missed was that the Secretary of State has made great play of the fact that some schools will become academies not by Christmas or through the autumn, when the consultation is going to be by, but by September 2010; the whole reason we are rushing this Bill through is that the Secretary of State was telling us that all these schools were queuing up to become academies by September 2010. The Minister may have been saying in his intervention that a lot of schools signed up by 30 June, because the process takes three months, and they have therefore started the consultation. We do not know what that involves, but it carries on in August and can go on “through the autumn”—those were the Minister’s own words. So why are we rushing this legislation if the consultation can go on for longer? We could have slowed down a bit and improved the Bill, accepting some amendments that hon. Members have proposed. The Government would have thus achieved their objective with a much-improved Bill that would have allayed some of the concerns that have been raised, notwithstanding the fact that Labour Members would have opposed it in any case.
I hope that the Minister will tell us the exact number of schools that have applied, not the number that have expressed an interest—I hope he will give the exact number for primary schools and secondary schools. I know that this is not going to happen in special schools until 2011 and I cannot remember whether that is also the case for primary schools, but it certainly will happen in secondary schools. How many schools are actually applying? How many of that number does the Minister expect to open in September 2010? I hope he will outline for us exactly what consultation process those schools will be expected to have gone through and that he will explain to the Committee how the Department is ensuring that that has taken place, so that when the Secretary of State decides whether to give an academy order he can say, “These are the criteria I used.” The Committee deserves to know that, but we have so far been given no answer..
Mr Redwood
Can the shadow Minister explain why he thinks so many head teachers and governing bodies might want to drive something like this through against the wishes of the local community and parents or without bothering to find out what their views were? I would have thought that the first thing any head teacher would do when considering this would have been to ensure that they had support.
Vernon Coaker
What we are saying is that we are legislating for a process and we expect it to set out exactly what should happen. It is for the Government to determine what that process is. At the moment, they have no real idea about it. I also say to the right hon. Gentleman that what we are also trying to do—this is the point made by the hon. Member for Portsmouth South (Mr Hancock)—is find out how many of the 1,000 schools that the press release says have applied will become academies in September. The Minister has failed last week and this to give a categorical answer to the question of how many academies the Department expects to open in September. I, too, will be interested to hear that answer.
Mr Redwood
I am sure that we will all be interested in that answer. However, the shadow Minister has given me no answer on the point that I asked. He is not saying that he knows of lots of head teachers and governing bodies foolish enough to try to drive this through against local opinion. Can he not understand that the whole idea of localism is that we need to trust these people more and give them more scope to act? They will decide how to consult and how widely they need to consult depending on the mood.
Vernon Coaker
But who will decide? It will be the head teacher and the governing body of the school. The right hon. Gentleman tells us not to worry because some consultation will take place, and he asks what head teacher would drive this through against local opposition. I just say to him that if parents—if all of them—are so important, why does the word “parents” not appear in the Bill? I ask him that to test him, because none of us can find a reference to them and I find that astonishing. He asks what head teacher would possibly go against the wishes of parents and against the wishes of anybody, but why is the word “parents”, which the right hon. Gentleman has just prayed in aid when he said that the Government were all for localism and for people empowering the local neighbourhood, not contained in this Bill? There may be one or two such references but I cannot find them.
Mr Redwood
Sometimes things are so obvious that when one trusts people they will do the obvious thing. Of course these people will want to carry the local parents with them because otherwise they will lose their school.
Vernon Coaker
I make a prediction to the right hon. Gentleman and to some of the hon. Members on the Government Benches who are saying “Hear, hear”. I predict that the Government will produce amendments in the Bill that they are introducing in the autumn to clarify the situation and that hon. Members will, at some point, be writing to the Minister asking whether he could intervene in respect of particular schools in their community where it looks as though the consultation has not taken place and other schools start complaining about the schools that have been fast-tracked to academy status. As the right hon. Gentleman knows, because he has been here longer than I have, when we legislate in this House, we do so in a way that lays out the process that we expect to be followed in order for a process to happen. The process in this Bill is confused, and people do not know what it is supposed to be. He knows as well as I do that confused legislation provides the opportunity for judicial review. All I am saying is that the fact that this reference is not in the Bill is astonishing.
Mr Ward
I wonder whether the hon. Gentleman is as concerned as I am about the proposals on consulting parents. Unless we receive some advice to the contrary, it appears that under clause 1(6)(d) up to 49% of the pupils in a new school do not have to be
“drawn from the area in which the school is situated.”
Vernon Coaker
The hon. Gentleman is absolutely right about that. Of course what Lord Hill said in another place was that if we were to consider the grammar schools that become academies, we might find that that area is significantly broader. What that “area” meant was very difficult to define.
My hon. Friend the Member for Huddersfield (Mr Sheerman), the former Chair of the Select Committee, drew attention to the fact that the Government are not averse to ballots because they have introduced them for local planning decisions. Of course, the Minister will know, as we heard in the statement that took place before our discussions in Committee started today, the Government are introducing ballots for locally elected police commissioners. The principle of ballots, such as that proposed by the hon. Member for Southport (Dr Pugh), is something to which the Government are not opposed.
We think that we should lay out the details that are set out in amendment 78 rather simply leaving it to people to do what is appropriate. Parents should be consulted and, as many people have said, it is essential that the pupil voice should be heard. In answer to an earlier question from a Member on the Government Benches, of course that would be done in a way that is appropriate. The amendment refers to guidance that should be given to schools on how they should consult pupils.
What are the teachers and non-teaching staff going to come back to in September? The Minister needs to answer the question about what is happening with the TUPE negotiations about the transfer of teaching and non-teaching staff for those schools that want to become academies.
Sammy Wilson
The shadow Minister is making a point about the form of the consultation. In fact, if he examines the remarks he is making now he will see just how difficult it will be to be prescriptive about the form of consultation, even though that is what he seems to be seeking. One would consult pupils in a different way to teachers, and parents in a different way to teachers, too. It might not be possible to get them all under one roof. Is he seeking a prescriptive method of consultation or is the fact that the Bill makes it clear there should be consultation on a question mentioned in the Bill and that it must take place with the appropriate people not sufficient detail for him?
Vernon Coaker
I do not think that it is sufficient. The hon. Gentleman is right: of course one would consult teachers, non-teaching staff and pupils differently. That is why our amendment states:
“The Secretary of State shall issue guidance as to how”
that is done. Of course the consultation will be carried out in different ways, and that is why we have included the word “guidance”.
On the need for consultation with neighbouring schools, the Bill does not require good and outstanding schools that become academies to partner schools that are in difficulty or need support. I know that in the other place it was believed—many of my hon. Friends believe it too—that such a provision should be on the face of the Bill. Merely stating that they should engage in such consultation is not sufficient. Many of us have made the point time and again that the complete elimination of local authorities from this situation is not acceptable at all.
Let me talk about amendment 77. The Chair of the Select Committee, the hon. Member for Beverley and Holderness (Mr Stuart), was quoted by the hon. Member for Southport. If hon. Members think that I am making too much of the idea that a consultation should take place before, not after, the giving of an academy order, they should listen to what the Chair of the Select Committee said during one of the debates last week—it bears repeating. On the subject of consultations that took place after an academy order was made, and not before, he said:
“Those consulted in such circumstances would have good grounds for feeling that they were participating in a charade. I ask those on the Government Front Bench to consider that.”—[Official Report, 19 July 2010; Vol. 514, c. 49.]
In his reply, the Minister needs to explain why it is not a charade and why the Chair of the Select Committee is wrong or misguided in making that comment. Is he wrong? Has he got it wrong? Does he not understand the process? Of course he understands that the making of an academy order comes before an academy agreement is signed—everybody understands that, and we have all read the Bill. We are saying that the discussion of, and consultation on, an academy order—by the way, I can find no example of what an academy order would actually be—should take place before it is made and not afterwards. Perhaps the Minister—in answer to the Chair of the Select Committee, if not to me—can tell us what an academy order will contain. What will it look like? What will be in it? Will we have the opportunity for some sort of consultation on what an academy order should be?
Andrew Percy
I agree with the shadow Minister that there should always be a way back, but I fail to understand the following fact. When his party were in government, there were plenty of forced mergers and forced school closures through the transforming our primary schools programme and the surplus places legislation. There were thousands of names on petitions against irreversible school closures. Where were the democracy and localism in those decisions?
Vernon Coaker
There are two points. I shall come back to the local point in the moment, but all the way through these discussions—the hon. Gentleman, to his credit, has been in the Chamber for many hours of the debate on the Bill—I have pointed out significant and substantial differences between the academies programme pursued under the last Government and the academies programme and model proposed by the Bill. Our model concentrated on areas of educational underperformance and social disadvantage. That was the key driver for the use of the academy model. The Bill turns that on its head and says we will allow schools that are doing well under the current system to become academies, with all the worries and concerns that have arisen.
I know that the hon. Gentleman has been involved in this area and has worked hard in his constituency on the issue of school reorganisation. However, in virtually every circumstance in which academies have been agreed—that includes the 200 that were agreed and the number that were to go forward in September with secondary school reorganisation attached to educational transformation—the local authorities were key partners in those decisions. Some of those decisions were difficult. We have not tabled the amendments to say that any of this is easy, that there is a panacea or that someone can wave a magic wand to bring about school reorganisation in way that is never controversial or painful. We are saying that under our model, local authorities and local partners were specifically included. There were still difficulties, and sometimes tough decisions had to be made, but local authorities and local decision makers were involved. The way that the Bill is drafted specifically excludes those people from being involved other than in the way that a wish list of good practice would say that they should be involved.
Ian Mearns
Does my hon. Friend accept that under the previous Government’s academy proposals, the local consultation that took place was subject to an adjudicator’s ruling in the last instance if that was necessary?
Vernon Coaker
I was going to make that point: schools adjudicators have been involved almost as a final route of appeal. I know from my experience as a Minister—if the hon. Member for Brigg and Goole (Andrew Percy) becomes a Minister he will find this out—that even when one thinks a decision is right, it can be completely thrown out of the window because the schools adjudicator prevents something from going ahead. That happened to me a couple of times in relation to the closure of a school.
Julian Smith (Skipton and Ripon) (Con)
Does the Minister accept that there have been examples of Labour-held local authorities being given the opportunity to set up academies but rejecting it without consulting parents at all? I refer specifically to the offer by Goldman Sachs several years ago to set up an academy in Tower Hamlets. The local authority there gave parents not a jot of consultation.
Vernon Coaker
Some local authorities have been a problem, but not just Labour authorities—Conservative local authorities have also stood in the way of academy development. One pays a price for local democracy and involving local authorities: sometimes it means that people pursue educational options in their area that one does not agree with. That is the point I was making when I asked the Minister whether localism is fine only as long as it goes along with the Government’s policy objectives.
There are all sorts of unanswered questions about consultation, many of which the hon. Member for Portsmouth South has laid out. What happens to local authorities? What happens to the money? What happens regarding special needs? Who is vetting the consultation that takes place? Who knows what is going on? How will the school funding proposals that have been published today affect what is going on? There are all sorts of issues to be discussed.
Bill Esterson
May I take my hon. Friend back to the primary capital programme and the democracy in that process, which the hon. Member for Brigg and Goole (Andrew Percy) asked about? In the Tory-run authority in which I was the opposition spokesman on children’s services, there was a lot of opposition to some proposals and only a thorough consultation process brought up that opposition and showed the flaws in the plan. The council rejected them and the adjudicator, whose role my hon. Friend the Member for Gateshead (Ian Mearns) has mentioned, had to get involved. The checks and balances were in place in that process as they were in the School Standards and Framework Act 1998.
Vernon Coaker
My hon. Friend makes a self-evident and good point, and identifies some of the problems regarding the difference between what happened before and what will happen under the Bill’s measures. There are a huge number of questions that the Minister needs to answer.
On consultation, it would help if the Government and the Minister answered named day written questions, including a large number that are specifically relevant to this whole process and our discussions on consultation. I have 11 named-day questions for last Monday that have not yet been answered by the Department. Not all of them are relevant to this debate—[Interruption.] The Front Benchers are now debating who is responsible; I am afraid that it involves both Conservative and Liberal Democrat Ministers. Some of those questions are specific to today’s debate on consultation, so for the Department to talk about consultation, procedure and correct processes when I still have not received the answers to questions for which the named day was last Monday—[Interruption.] The Minister says that I have had a holding response: on Monday 19 July, for 11 of my questions, I received the reply, “I will reply as soon as possible,” from him and his colleagues. I do not know whether anyone else has experienced this problem, but given that the measures are being pushed through Parliament at significant speed, all hon. Members need the answers to their named day questions so that information that might inform our discussions is available.
With that, I shall simply say that we will support amendment 8 if the hon. Member for Southport pushes it to a vote, and I give notice that we would like to put amendment 78 to a vote.
Bill Esterson
I want to talk about consultation in relation to my experience as an opposition spokesman for children’s services, particularly in relation to pre and post-decision consultation and three academies that the council pushed through. The Tory-run council in Medway decided not to consult until decisions had been taken, which caused consternation and all sorts of problems with the wider community, not just parents. I think that was a precursor to what is happening with this legislation. It was only the involvement of the then Ministers with responsibility for schools standards, including my hon. Friend the Member for Gedling (Vernon Coaker), that enabled us to have proper consultation before decisions were finally taken and to ensure that the assurances that the local community sought were addressed. My concern is that the proposed measures will cause what happened in Medway to be repeated across the country.
Mr Gibb
I am happy to do so. We shall be coming to the relevant clause later in the debate, but I have been persuaded by my hon. Friend’s arguments, and as a result of his representations, and those of other people, we intend to amend the model funding agreement to raise the number of parents on governing bodies from one to a minimum of two.
Requiring a ballot of all parents of pupils at the school would unduly politicise the process.
Vernon Coaker
I welcome the concession the Minister just made. The Committee has run very well without being churlish about such things, and there are many other aspects we agree with, but that is an important step forward.
Vernon Coaker
I beg to move amendment 82, page 3, line 11, at end insert—
‘(1A) An application under subsection (1) shall be in such form and shall contain such particulars as may be prescribed in regulations.’.
The Second Deputy Chairman of Ways and Means
With this we may take the following: amendment 81, in clause 4, page 3, line 34, at end insert—
‘(3A) The Secretary of State shall publish criteria which he will apply in deciding whether to make Academy orders, which shall be in such form and shall contain such particulars as may be prescribed in regulations.’.
Amendment 83, in clause 4, page 4, line 3, leave out subsection (6).
Vernon Coaker
I will be interested to hear why the Minister thinks that the amendments are unacceptable. Before that, it is important to say that, in the previous debate, there was a massive change in Government hope and expectation for their flagship academies policy. They have retreated from claiming that hundreds of new academies will open in September to saying that hundreds or a large number of academy orders will be agreed. The Secretary of State did not outline that as part of a flagship Government policy, which was for significant numbers of new academies to open. The policy is chaos, confusion and a complete shambles. Hon. Members of all parties will find it unbelievable that we now have a Government commitment to a significant number of academy orders, with consultation to follow. Significant progress has therefore been made as we have exposed the flaws in many aspects of the Bill. However, a Minister coming to the Dispatch Box and admitting that the Government’s aims and objectives will not be realised is astonishing.
I do not want to take up too much of the Committee’s time on the amendments. I should simply be grateful if the Minister explained why he thinks that they are unacceptable.
Mr Gibb
The amendments would collectively have the effect of increasing the burden of regulation associated with the academy conversion process. They propose several sets of regulations as well as a requirement that academy orders be made by statutory instrument. Hon. Members will recognise that that would take the Government’s policy in the opposite direction from our proposals. We want to deregulate when regulatory burdens are not only stifling innovation, but costing time and therefore money to achieve compliance. We want to give schools freedoms to allow them to focus on raising standards. Adding bureaucracy to the process is the last thing that we want.
Amendments 81 and 82 would introduce regulations that prescribed the contents of applications for academy orders and the criteria that the Secretary of State applied when deciding whether to make them. We do not believe that it is appropriate to regulate the contents of applications for academy orders. The Department already provides clear guidance on its website about the conversion process and the various steps that a school needs to take. The website also includes an application pro forma, which covers all the necessary information to enable a decision to be made. The Government have made it clear that they will apply a rigorous fit and proper person test in approving any sponsors of an academy.
The Secretary of State will consider applications from schools that wish to become academies and, in each case, confirm whether he is content for the conversion proposal to proceed to the next stage. If he is, he will make an academy order. In doing that he will, of course, take account of the relevant information before him, but he expects to approve most applications from outstanding schools. Those schools will make up the first wave, and we will publish the criteria for other applicants—the next wave—on the Department’s website.
Before issuing an academy order, the Secretary of State will undertake checks to ensure that the school is in a position to become an academy. That is important because academies operate with greater autonomy than other schools and need to be in a secure position to do so. We will check whether there has been any significant change since the school’s last outstanding Ofsted rating.
Mr Gibb
The criteria will be different because the fast-tracking is confined to schools that are graded outstanding. When they have gone through the process, we will relax the criteria to enable other schools to do so. My hon. Friend will recall that the Secretary of State sent letters to all schools in the country. The criteria that I just mentioned apply to fast-tracking. There will be different criteria for the process once the first wave has gone through.
Issues that the Secretary of State will check include whether the school has a substantial budget deficit, whether there are PFI arrangements relating to the school and whether the school is already part of reorganisation proposals. Depending on the outcome of discussions, that may have a bearing on whether and when the Secretary of State can approve an outstanding school’s progression to the next stage. When an academy order is made, the Secretary of State must give a copy to the governing body, the head teacher and the local authority. If the application is rejected, the Secretary of State is required to inform the governing body, the head teacher and the local authority of his decision and the reason for it. It will therefore be transparent and clear why and when a school will be permitted to convert and when it will not.
However, the first stage of the process—the academy order stage—is just that: it permits a school to convert, but does not require it to do so. We need to be clear that, for many proposals, the greater detail and the final stage of the process will come later, when the Secretary of State decides whether to enter into a funding agreement with a proposed academy. It is only on signing the funding agreement that the conversion becomes legally binding. We therefore believe that prescription of the form and content of academy orders in secondary legislation is unnecessary and too bureaucratic.
An academy order is the means whereby a school’s conversion into an academy is enabled. The intention behind amendment 83 is that an academy order be made by statutory instrument, which would have to be laid before Parliament. Academy orders are intended to be the legal means whereby an individual school converts to academy status. They will contain key pieces of information that are pertinent to the conversion, but are highly specific to the circumstances of each school. It would not be a good use of Parliament’s time to require each order for each and every school to be tabled. The use of the negative resolution procedure would also be highly disruptive to any school, since the period of 40 days during which the order could be prayed against in this House or the other place would leave the school with no certainty about whether the conversion could go ahead.
In any event, the hon. Member for Gedling (Vernon Coaker) will be interested to know that the Lords Delegated Powers and Regulatory Reform Committee issued a report on the Bill, dated 17 June. I am sure that he knows it well, given that he has been so assiduous in scrutinising the Bill and all the accompanying documents. As he predicted, it states about the provision:
“this seems to us to be reasonable. Each order affects only one school and there is provision for those affected to be provided with copies. We agree… that these Orders are not really legislative in character and we see no reason why Parliament would want to have any control over them.”
For those reasons, I urge the hon. Gentleman to withdraw the amendment.
Vernon Coaker
It is a very good job that the Minister has persuaded me that statutory instruments of any sort—negative or affirmative—are unnecessary, otherwise he would not be able to announce academy orders in September. I intend to ask leave to withdraw the amendment, but I return to a point I made earlier. I provoked the Minister at the beginning of this debate, but in both this debate and the debate on the previous group of amendments, I note that he has not put any figure at all on the number of schools that he expects to become academies. That now seems to have gone down to almost nought, because the aspiration now is to introduce large numbers of academy orders.
Dan Rogerson
How could I resist the opportunity to respond to the hon. Member for Hartlepool (Mr Wright), who has thrown his glove across the Floor of the House to land at my feet?
The hon. Gentleman is obviously pining for the day on which there is a Liberal Democrat majority Government—[Interruption.] I look forward to working with the hon. Gentleman. Given the way in which his party has conducted itself in opposition, he and his hon. Friends may well be working towards such an arrangement even now.
Let me say, in all seriousness, that the hon. Gentleman is absolutely right to suggest that if the Liberal Democrats had been the majority party, we would have proceeded with the sponsor-managed schools option. However, we are not in that position. As the hon. Gentleman pointed out, we are in a coalition Government with a coalition agreement, and it is clear that some policies emanate from one partner in the coalition and some from the other. That is the way it works in coalition agreements all over the world, in countries where arrangements such as this are far more common than they have been in the United Kingdom, at least for several decades.
I do not think that academies are the answer. I did not think that they were the answer when the hon. Gentleman’s party was in charge of the policy, and I do not think that they will necessarily be the answer for all schools now. However, following the coalition agreement, the Bill contains a series of provisions enabling communities, where there is a will, to allow schools to adopt academy status. It remains to be seen how many will take up the option and what use they will make of it. Amendments were made in another place, notably with regard to the provision of additional schools—which I know concerned the hon. Gentleman in earlier debates—and assessments of the impact on the surrounding area.
Consultation is vital. We have already engaged in a full debate on that issue, and I shall not go over the ground again. I will say, however, that the hon. Gentleman spoke of commitments by a political party in a set of circumstances prior to a coalition agreement which has been published and is available for everyone to examine and discuss. Believe me, people in my constituency and others have been discussing it, and we have had many debates on it. That should not come as a surprise to the hon. Gentleman.
I had the honour of serving in the last Parliament, when the hon. Gentleman stood at the Government Dispatch Box ably standing up for—it must be said—the sometimes slightly dodgy policies that his party was producing. He must have seen us sitting on the Opposition Benches below the Gangway—where his hon. Friend the Member for Gateshead (Ian Mearns) is sitting now—talking to some of his hon. Friends who were then sitting on this side of the Committee. They were sorely tempted to join us. Lord McAvoy, as he now is, would have been there, casting his eye over Labour Members and making sure that that did not happen.
It could be said that we are now in similar circumstances in terms of the way in which this place works, but it can only work, and a Government can only work, when there is an agreed programme. We have an agreed programme, and the Government are proceeding with it. However, I am pleased that the Minister was willing to listen—as was his noble Friend Lord Hill—to Members of our party and our side of the coalition, and to other noble Lords and hon. Members, and to make provision to allay some of the concerns that have been raised.
Vernon Coaker
Let me explain why we consider new clause 7 so important. Subsection (1)(c) refers to
“social cohesion in the local authority area where the school is situated.”
Under the Bill, as part of the funding agreement, if a pupil is excluded from an academy during the year, the academy will keep the funding as if the pupil had not been excluded, but the local authority—or someone else—will have to provide the funding for that excluded pupil somewhere else. It is because of such provisions in the Bill that some of us consider an impact assessment to be vital. Otherwise, when a pupil is excluded, the academy will keep the money and the pupil will become the responsibility of the local authority, which will have no funds with which to carry out that responsibility.