Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 30 June 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 23 and NC1

 

Education and Adoption Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 29 June 2015 (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30

 

June meet—

 

(a)  

at 2.00 pm on Tuesday 30 June;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 2 July;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 7 July;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 9 July;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 14 July;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee: 30 June 2015                     

2

 

Education and Adoption Bill, continued

 
 

TABLE

 

Date

Time

Witness

 
 

Tuesday 30 June

Until no later

Dr Rebecca Allen, Reader in

 
  

than 9.40 am

Economics of Education at the

 
   

Department of Quantitative

 
   

Social Science, University

 
   

College London

 
   

Professor Becky Francis,

 
   

Professor of Education and

 
   

Social Justice, King’s College

 
   

London

 
   

Robert Hill, Visiting Senior

 
   

Research Fellow, King’s College

 
   

London

 
 

Tuesday 30 June

Until no later

Association of School and

 
  

than 10.40 am

College Leaders

 
   

Harris Federation

 
   

Local Government Association

 
   

National Governors’ Association

 
 

Tuesday 30 June

Until no later

Dr Tim Coulson, Regional

 
  

than 11.25 am

Schools Commissioner, East of

 
   

England and North-East London

 
   

WISE Academies

 
   

The Education Endowment

 
   

Foundation

 
 

Tuesday 30 June

Until no later

The Adoption Leadership Board

 
  

than 2.45 pm

  
   

Coram

 
   

Consortium of Voluntary

 
   

Adoption Agencies

 
 

Tuesday 30 June

Until no later

Adoption UK

 
  

than 3.15 pm

  
   

Adoption Link

 
 

Tuesday 30 June

Until no later

The Adolescent and Children’s

 
  

than 4.00 pm

Trust (TACT)

 
   

Association of Directors of

 
   

Children’s Services Ltd

 
   

Adoption Focus

 
 

Tuesday 30 June

Until no later

National Association of Head

 
  

than 4.15 pm

Teachers

 
 

Tuesday 30 June

Until no later

Department for Education

 
  

than 5.00pm

  

 
 

Public Bill Committee: 30 June 2015                     

3

 

Education and Adoption Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 13; Clauses 2 to 12; Clause 1; Clauses 14 to 18; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 14 July.

 

Nick Gibb has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee (Standing Order No. 83C).

 


 

Nick Gibb

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Nick Gibb

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 


 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

1

 

Parliamentary Star    

Clause  13,  page  8,  line  18,  leave out “give directions” and insert “make orders”

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

2

 

Parliamentary Star    

Clause  13,  page  8,  line  23,  leave out “A direction” and insert “An order”

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

7

 

Parliamentary Star    

Clause  13,  page  8,  line  26,  at end insert—


 
 

Public Bill Committee: 30 June 2015                     

4

 

Education and Adoption Bill, continued

 
 

“( )    

Where a direction under subsection (1) is to be given the Secretary of State must

 

first publish a statement setting out the criteria against which he has selected the

 

body or bodies who will carry out the functions in the direction.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to disclose the criteria against which the

 

body or bodies taking on adoption functions have been selected.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

8

 

Parliamentary Star    

Clause  13,  page  8,  line  35,  at end insert—

 

“( )    

Where a direction under subsection (1) is to be given, and the functions in the

 

direction include the recruitment of persons as prospective adopters, the Secretary

 

of State must first publish a statement setting out the criteria against which

 

adopters will be selected after the arrangements in the direction come into

 

operation.”

 

Member’s explanatory statement

 

This amendment would prevent the body or bodies taking on adoption functions from changing key

 

criteria.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

Bill Esterson

 

9

 

Parliamentary Star    

Clause  13,  page  8,  line  35,  at end insert “including support identified in needs

 

assessments of adopted children”

 

Member’s explanatory statement

 

This amendment would require the new arrangements to recognise that adequate provision of

 

adoption includes support to meet the needs identified in individual assessments of the adopted

 

children.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

3

 

Parliamentary Star    

Clause  13,  page  8,  line  36,  leave out “a direction” and insert “an order”

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

4

 

Parliamentary Star    

Clause  13,  page  8,  line  37,  leave out “a direction” and insert “an order”

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

10

 

Parliamentary Star    

Clause  13,  page  8,  line  38,  after subsection (4) insert—

 

“( )    

The Secretary of State shall make arrangements for the independent inspection

 

and monitoring of the functioning of arrangements resulting from a direction

 

under subsection (1).

 

( )    

Where an independent inspection or monitoring report raises serious concerns

 

about the functioning of arrangements subject to a direction under subsection (1),


 
 

Public Bill Committee: 30 June 2015                     

5

 

Education and Adoption Bill, continued

 
 

the Secretary of State must consider whether to exercise his power in subsection

 

(4).”

 

Member’s explanatory statement

 

This amendment aims to ensure scrutiny of new arrangements established by Ministerial Direction

 

and promotes remedial action where the results of scrutiny raises serious concerns.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

5

 

Parliamentary Star    

Clause  13,  page  8,  line  39,  leave out “A direction” and insert “An order”

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

Bill Esterson

 

11

 

Parliamentary Star    

Clause  13,  page  8,  line  40,  at end insert—

 

“( )    

When giving a direction under this section, the Secretary of State must publish a

 

statement stating his satisfaction, or otherwise, that the outcomes of the proposed

 

arrangements are consistent with arrangements in place across the whole sector.”

 

Member’s explanatory statement

 

This amendment is aimed at establishing that adoption functions would remain fully integrated

 

within regional agencies responsible for all permanence arrangements for children, such as

 

fostering, kinship care, returning children home and post placement support.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

6

 

Parliamentary Star    

Clause  13,  page  8,  line  41,  at end insert—

 

“( )    

Orders under subsection (1)—

 

(a)    

shall be made by statutory instrument, and

 

(b)    

may not be made unless a draft has been laid before and approved by  

 

resolution of each House of Parliament.”

 

Member’s explanatory statement

 

These amendments Nos 1 to 6 would require joint arrangements proposed by the Secretary of State

 

to be implemented only after approval by both Houses of Parliament.

 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

12

 

Parliamentary Star    

Clause  13,  page  8,  line  41,  at end insert—

 

“(7)    

Before making any such regulations the Secretary of State shall consult children

 

who have experience of adoption functions, adopters and such persons as he

 

considers appropriate.”

 

Member’s explanatory statement

 

This amendment aims to ensure that adequate consultation takes place on the regulations prior to

 

their implementation.


 
 

Public Bill Committee: 30 June 2015                     

6

 

Education and Adoption Bill, continued

 
 

Steve McCabe

 

Kevin Brennan

 

Graham Jones

 

Bill Esterson

 

13

 

Parliamentary Star    

Clause  13,  page  8,  line  41,  at end insert—

 

“( )    

Where a direction under subsection (1) specifies that the functions are to be

 

carried out by more than one agency, the specified bodies offered an opportunity

 

to participate must include at least one voluntary organisation acting as an

 

adoption society as defined by the Adoption Act 1976.”

 

Member’s explanatory statement

 

This amendment aims to ensure that smaller voluntary adoption agencies, specialising in finding

 

families for harder-to-place children, are not excluded from or by the new arrangements.

 


 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

14

 

Parliamentary Star    

Clause  2,  page  2,  line  9,  after “period of compliance” insert “, which shall not be

 

less than 15 working days,”

 

Member’s explanatory statement

 

This amendment sets a minimum period—15 working days—within which the governing body must

 

respond to a warning notice before the schools becomes eligible for intervention.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

15

 

Parliamentary Star    

Clause  2,  page  2,  line  19,  at end insert—

 

“(ba)    

in subsection (4) for paragraph (b) substitute—

 

“(b)    

the reasonable action which they require the governing

 

body to take in order to remedy those matters within the

 

compliance period””

 

Member’s explanatory statement

 

This amendment ensures that any actions which the governing body is required to take can

 

reasonably be undertaken within the compliance period.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

16

 

Parliamentary Star    

Clause  2,  page  2,  line  28,  after “warning notice” insert “, except a warning notice

 

give under s.60A,”

 

Member’s explanatory statement

 

This amendment clarifies that a local authority may give a warning notice under section 60A

 

(teachers’ pay and conditions warming notice), to be inserted by this Bill, even though the

 

Secretary of State has given one.


 
 

Public Bill Committee: 30 June 2015                     

7

 

Education and Adoption Bill, continued

 
 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

18

 

Parliamentary Star    

Clause  2,  page  2,  leave out lines 30 to 34 and insert—

 

“(4B)    

If the local authority informs the Secretary of State that the local authority has

 

given a warning notice to the governing body of a maintained school, then the

 

Secretary of State may not give a warning notice to the governing body.”

 

Member’s explanatory statement

 

This amendment would ensure that a governing body could not have two different warning notices

 

in quick succession.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

17

 

Parliamentary Star    

Clause  2,  page  2,  line  31,  after “warning notice” insert “, except a warning notice

 

give under s.60A,”

 

Member’s explanatory statement

 

This amendment would enable a local authority warning notice under section 60A to remain in

 

force even though the Secretary of State has given one.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

19

 

Parliamentary Star    

Clause  2,  page  2,  line  46,  at end insert—

 

“(2A)    

Any power exercised under this section by the Secretary of State must be done by  

 

Order.”

 

Member’s explanatory statement

 

Clause 2 removes the mechanism for governing body appeal to Ofsted. This amendment requires

 

the Secretary of State to exercise any power under the amended section 60A by Order contained

 

in a statutory instrument under section 181(1) of the Education and Inspections Act 2006.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

20

 

Parliamentary Star    

Clause  2,  page  3,  leave out lines 8 and 9

 

Member’s explanatory statement

 

This amendment restores section 69A of the Education and Inspections Act 2006 which allows the

 

Secretary of State to require a local authority to issue a warning notice.

 

Kevin Brennan

 

Steve McCabe

 

Graham Jones

 

21

 

Parliamentary Star    

Clause  2,  page  3,  leave out line 10

 

Member’s explanatory statement

 

This amendment restores the definition of “working day” to section 60.


 
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Revised 30 June 2015