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Education Bill

As amended (in the Standing Committee), considered.

Ordered,

That the Education Bill, as amended, be considered in the following order, namely, New Clauses 3 and 4, New Clauses 8 to 11, New Clauses 1 and 2, New Clauses 12 and 13, other New Clauses, amendments relating to Clause 1, Schedule 1, Clauses 2 to 12, Schedule 2, Clauses 13 to 24, Schedule 3, Clauses 25 to 28, Schedule 4, Clauses 29 and 30, Schedule 5, Clauses 31 to 36, Schedule 6, Clauses 37 to 42, Schedule 7, Clauses 43 to 57, Schedule 8, Clauses 58 to 71, Schedules 9 and 10, Clause 72, new Schedules.--[Mr. Ottaway.]

New clause 3

Relaxation of controls on enlargement of premises


'. After section 259 of the Education Act 1996 there shall be inserted--
"Significant enlargements for the purposes of section 259
259A.--(1) For the purposes of section 259 an enlargement of the premises of a grant-maintained school is a significant enlargement of those premises if (and only if) the effect of the enlargement, taken with all previous enlargements (if any) taking place since the appropriate date, would increase the school's capacity by more than 50 per cent. or 30 pupils (whichever is the greater) as compared with--
(a) its capacity on the appropriate date; or
(b) if at any time after that date its capacity was lower than its capacity on that date, its lowest capacity at any such time.
(2) An enlargement of the premises of a grant-maintained school is accordingly not a significant enlargement of those premises for the purposes of section 259 if its effect, taken with all such previous enlargements (if any), would not be to produce such an increase in the school's capacity.
(3) In subsection (1) "the appropriate date" means whichever is the latest of the following dates--
(a) the date falling four years before the date on which the governing body form the intention to make the enlargement concerned,
(b) the date when the school was established,
(c) where any proposals for a significant enlargement of the premises of the school have been approved by the Secretary of State under--
(i) section 261 below or section 98 of the Education Act 1993, or
(ii) section 37 or 43 above or section 12 or 13 of the Education Act 1980,
the date (or latest date) on which any such proposals were implemented, and
(d) where the local education authority have determined to implement any proposals for a significant enlargement of the premises of the school under section 38 above or section 12(7) of the Education Act 1980, the date (or latest date) on which any such proposals were implemented.
(4) The Secretary of State may by regulations prescribe the method for determining a school's capacity for the purposes of this section; and in this section references to a school's capacity are references to its capacity to accommodate pupils.
(5) Nothing in this section applies to a school requiring special measures to be taken.".'.--[Mr. Forth.]
Brought up, and read the First time.

27 Jan 1997 : Column 74

7 pm

The Minister of State, Department for Education and Employment (Mr. Eric Forth): I beg to move, That the clause be read a Second time.

Some hon. Members will recognise this clause as an old friend--which almost survived a number of attempts in Committee to spoil its clarity and simplicity. In re-introducing it, we have felt the need to change only one word in new section 259A, and that change is purely technical.

New clause 3 makes an important contribution to the deregulation of controls over the expansion of grant-maintained schools, by enabling GM schools to enlarge their premises by up to 50 per cent. without the need to publish statutory proposals. The provision is not entirely new, as non-significant enlargements can already be made to all schools without the need for publishing statutory proposals. Under current legislation, changes would normally be regarded as non-significant--and therefore not require statutory proposals--if they increased the size of a school by less than 25 per cent., or fewer than 30 places.

New section 259A(1), which is introduced by the new clause, would effectively change the definition of "significant enlargement" for grant-maintained schools to one in which the capacity of the premises is increased by more than 50 per cent. Similarly to current provision, schools would be able to add 30 places without publishing proposals, even when such a change would increase the size of premises by more than 50 per cent. To avoid very rapid cumulative increases occurring, schools would be required to examine the previous four-year period to assess whether a change is significant.

The increased freedom provided by the new clause would enable grant-maintained schools to respond to the wishes of parents and to decide for themselves what size of school will most usefully serve their specific area. Such changes will not necessarily require investment of additional public funds, because putting decisions more directly into the hands of schools will increase incentives for governors to explore other ways in which to finance necessary capital work. That is not freedom without responsibility, because--as we made clear in Committee--the Bill requires governors who propose to make enlargements to decide who has an interest, and to consult them about the proposals before making a decision to proceed.

Some hon. Members may be concerned that the change is limited to the grant-maintained sector, but we believe that it is appropriate for GM schools to take the lead in this matter. Not only are many GM schools popular with pupils and parents, but they are in the best position to investigate innovative approaches to funding additional provision. New clause 3 should enable them to expand to meet demand. I realise that, in some cases, expansion will occur in areas where there are surplus places, but there are ways in which to remove those places if they are in schools that parents do not choose.

I also realise that many popular schools are outside the GM sector. Those schools will continue, in the normal manner, to be able to make proposals for significant enlargements. We have made it clear that there will be

27 Jan 1997 : Column 75

circumstances in which, in the interests of increasing choice and diversity, we will be willing to approve increases in places, even when surplus places exist in the area, and especially when subsequent removal of unsatisfactory provision is likely.

I hope that hon. Members will therefore understand that new clause 3 is a useful measure in increasing the autonomy and responsibility of GM schools and in giving them an opportunity to respond imaginatively to parents' wishes. It is an integral part of the Bill, and I hope that the House will approve it.

Mr. Peter Kilfoyle (Liverpool, Walton): As we have already fully deployed our arguments in Committee on new clause 3--on 3 December 1996--and it was lost by the Government, there is little or no point in revisiting them; they have been reported in Hansard. I believe that we should move to a vote on the new clause.

Question put, That the clause be read a Second time:--

The House divided: Ayes 272, Noes 273.

Division No. 52 [7.3 pm

AYES

Ainsworth, Peter (E Surrey)
Aitken, Jonathan
Alexander, Richard
Alison, Michael (Selby)
Amess, David
Arbuthnot, James
Arnold, Jacques (Gravesham)
Ashby, David
Atkins, Robert
Atkinson, David (Bour'mth E)
Atkinson, Peter (Hexham)
Baker, Kenneth (Mole V)
Baldry, Tony
Banks, Matthew (Southport)
Bates, Michael
Batiste, Spencer
Bellingham, Henry
Bendall, Vivian
Beresford, Sir Paul
Biffen, John
Body, Sir Richard
Bonsor, Sir Nicholas
Booth, Hartley
Boswell, Tim
Bowden, Sir Andrew
Bowis, John
Boyson, Sir Rhodes
Brazier, Julian
Bright, Sir Graham
Brooke, Peter
Browning, Mrs Angela
Bruce, Ian (S Dorset)
Budgen, Nicholas
Burns, Simon
Burt, Alistair
Butcher, John
Butler, Peter
Carlisle, John (Luton N)
Carlisle, Sir Kenneth (Linc'n)
Carrington, Matthew
Cash, William
Channon, Paul
Chapman, Sir Sydney
Churchill, Mr
Clappison, James
Clark, Dr Michael (Rochf'd)
Clarke, Kenneth (Rushcliffe)
Clifton-Brown, Geoffrey
Coe, Sebastian
Congdon, David
Conway, Derek
Cope, Sir John
Cormack, Sir Patrick
Couchman, James
Cran, James
Currie, Mrs Edwina
Curry, David
Davies, Quentin (Stamf'd)
Day, Stephen
Deva, Nirj Joseph
Devlin, Tim
Dicks, Terry
Dorrell, Stephen
Douglas-Hamilton, Lord James
Dover, Den
Duncan, Alan
Duncan Smith, Iain
Dunn, Bob
Dykes, Hugh
Eggar, Tim
Elletson, Harold
Emery, Sir Peter
Evans, David (Welwyn Hatf'ld)
Evans, Jonathan (Brecon)
Evans, Nigel (Ribble V)
Evans, Roger (Monmouth)
Evennett, David
Faber, David
Fabricant, Michael
Fenner, Dame Peggy
Field, Barry (Isle of Wight)
Fishburn, Dudley
Forman, Nigel
Forsyth, Michael (Stirling)
Forth, Eric
Fox, Dr Liam (Woodspring)
Fox, Sir Marcus (Shipley)
Freeman, Roger
French, Douglas
Fry, Sir Peter
Gale, Roger
Gallie, Phil
Gardiner, Sir George
Garel-Jones, Tristan
Garnier, Edward
Gill, Christopher
Gillan, Mrs Cheryl
Goodlad, Alastair
Gorman, Mrs Teresa
Gorst, Sir John
Grant, Sir Anthony (SW Cambs)
Greenway, Harry (Ealing N)
Greenway, John (Ryedale)
Griffiths, Peter (Portsmouth N)
Gummer, John
Hague, William
Hamilton, Sir Archibald
Hanley, Jeremy
Hannam, Sir John
Hargreaves, Andrew
Harris, David
Haselhurst, Sir Alan
Hawkins, Nick
Hawksley, Warren
Heald, Oliver
Heath, Sir Edward
Heathcoat-Amory, David
Hendry, Charles
Heseltine, Michael
Hicks, Sir Robert
Higgins, Sir Terence
Hill, Sir James (Southampton Test)
Hogg, Douglas (Grantham)
Horam, John
Hordern, Sir Peter
Howell, David (Guildf'd)
Howell, Sir Ralph (N Norfolk)
Hughes, Robert G (Harrow W)
Hunt, David (Wirral W)
Hunt, Sir John (Ravensb'ne)
Hunter, Andrew
Hurd, Douglas
Jack, Michael
Jackson, Robert (Wantage)
Jenkin, Bernard (Colchester N)
Jessel, Toby
Jones, Gwilym (Cardiff N)
Jones, Robert B (W Herts)
Kellett-Bowman, Dame Elaine
Key, Robert
King, Tom
Kirkhope, Timothy
Knapman, Roger
Knight, Mrs Angela (Erewash)
Knight, Dame Jill (Edgbaston)
Knox, Sir David
Kynoch, George
Lait, Mrs Jacqui
Lawrence, Sir Ivan
Legg, Barry
Leigh, Edward
Lennox-Boyd, Sir Mark
Lester, Sir Jim (Broxtowe)
Lidington, David
Lilley, Peter
Lord, Michael
Luff, Peter
Lyell, Sir Nicholas
MacGregor, John
MacKay, Andrew
Maclean, David
McLoughlin, Patrick
McNair-Wilson, Sir Patrick
Madel, Sir David
Maitland, Lady Olga
Major, John
Malone, Gerald
Mans, Keith
Marland, Paul
Marlow, Tony
Marshall, John (Hendon S)
Marshall, Sir Michael (Arundel)
Martin, David (Portsmouth S)
Mates, Michael
Mawhinney, Dr Brian
Merchant, Piers
Mitchell, Andrew (Gedling)
Moate, Sir Roger
Monro, Sir Hector
Montgomery, Sir Fergus
Neubert, Sir Michael
Newton, Tony
Nicholls, Patrick
Nicholson, David (Taunton)
Onslow, Sir Cranley
Ottaway, Richard
Page, Richard
Paice, James
Patnick, Sir Irvine
Patten, John
Pattie, Sir Geoffrey
Pawsey, James
Peacock, Mrs Elizabeth
Pickles, Eric
Porter, David
Portillo, Michael
Powell, William (Corby)
Rathbone, Tim
Redwood, John
Renton, Tim
Richards, Rod
Riddick, Graham
Robathan, Andrew
Roberts, Sir Wyn
Robinson, Mark (Somerton)
Roe, Mrs Marion
Rowe, Andrew
Rumbold, Dame Angela
Sackville, Tom
Sainsbury, Sir Timothy
Scott, Sir Nicholas
Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)
Shephard, Mrs Gillian
Shepherd, Sir Colin (Heref'd)
Shepherd, Richard (Aldridge)
Sims, Sir Roger
Skeet, Sir Trevor
Smith, Sir Dudley (Warwick)
Smith, Tim (Beaconsf'ld)
Speed, Sir Keith
Spencer, Sir Derek
Spicer, Sir Jim (W Dorset)
Spicer, Sir Michael (S Worcs)
Spink, Dr Robert
Spring, Richard
Sproat, Iain
Squire, Robin (Hornchurch)
Stanley, Sir John
Steen, Anthony
Stephen, Michael
Stern, Michael
Stewart, Allan
Streeter, Gary
Sumberg, David
Sweeney, Walter
Sykes, John
Tapsell, Sir Peter
Taylor, Ian (Esher)
Taylor, John M (Solihull)
Taylor, Sir Teddy
Temple-Morris, Peter
Thomason, Roy
Thompson, Sir Donald (Calder V)
Thompson, Patrick (Norwich N)
Thornton, Sir Malcolm
Townend, John (Bridlington)
Townsend, Sir Cyril (Bexl'yh'th)
Tracey, Richard
Tredinnick, David
Trend, Michael
Trotter, Neville
Twinn, Dr Ian
Vaughan, Sir Gerard
Waldegrave, William
Walker, Bill (N Tayside)
Waller, Gary
Ward, John
Wardle, Charles (Bexhill)
Waterson, Nigel
Watts, John
Wells, Bowen
Wheeler, Sir John
Whitney, Sir Raymond
Whittingdale, John
Widdecombe, Miss Ann
Wilkinson, John
Wilshire, David
Wolfson, Mark
Wood, Timothy
Yeo, Tim
Young, Sir George

Tellers for the Ayes:

Mr. Gyles Brandreth and
Mr. Anthony Coombs.

NOES

Abbott, Ms Diane
Adams, Mrs Irene
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Allen, Graham
Alton, David
Anderson, Donald (Swansea E)
Anderson, Ms Janet (Ros'dale)
Armstrong, Ms Hilary
Ashdown, Paddy
Ashton, Joseph
Austin-Walker, John
Banks, Tony (Newham NW)
Barnes, Harry
Barron, Kevin
Battle, John
Bayley, Hugh
Beckett, Mrs Margaret
Beith, A J
Bell, Stuart
Benn, Tony
Bennett, Andrew F
Bermingham, Gerald
Berry, Roger
Betts, Clive
Blair, Tony
Blunkett, David
Boateng, Paul
Bradley, Keith
Bray, Dr Jeremy
Brown, Gordon (Dunfermline E)
Brown, Nicholas (Newcastle E)
Bruce, Malcolm (Gordon)
Burden, Richard
Byers, Stephen
Caborn, Richard
Callaghan, Jim
Campbell, Mrs Anne (C'bridge)
Campbell, Menzies (Fife NE)
Campbell, Ronnie (Blyth V)
Campbell-Savours, D N
Cann, Jamie
Chidgey, David
Chisholm, Malcolm
Church, Ms Judith
Clapham, Michael
Clarke, Eric (Midlothian)
Clarke, Tom (Monklands W)
Clelland, David
Clwyd, Mrs Ann
Coffey, Ms Ann
Cohen, Harry
Cook, Robin (Livingston)
Corbett, Robin
Corston, Ms Jean
Cousins, Jim
Cox, Tom
Cummings, John
Cunliffe, Lawrence
Cunningham, Jim (Cov'try SE)
Cunningham, Dr John
Dalyell, Tam
Darling, Alistair
Davidson, Ian
Davies, Bryan (Oldham C)
Davies, Chris (Littleborough)
Davies, Denzil (Llanelli)
Davies, Ron (Caerphilly)
Denham, John
Dewar, Donald
Dixon, Don
Dobson, Frank
Donohoe, Brian H
Dowd, Jim
Dunwoody, Mrs Gwyneth
Eagle, Ms Angela
Eastham, Ken
Ennis, Jeff
Etherington, Bill
Evans, John (St Helens N)
Fatchett, Derek
Faulds, Andrew
Field, Frank (Birkenhead)
Fisher, Mark
Flynn, Paul
Foster, Derek
Foster, Don (Bath)
Foulkes, George
Fraser, John
Fyfe, Mrs Maria
Galbraith, Sam
Galloway, George
Gapes, Mike
Garrett, John
George, Bruce
Gerrard, Neil
Gilbert, Dr John
Godman, Dr Norman A
Godsiff, Roger
Golding, Mrs Llin
Gordon, Ms Mildred
Graham, Thomas
Grant, Bernie (Tottenham)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Gunnell, John
Hain, Peter
Hall, Mike
Hanson, David
Hardy, Peter
Harman, Ms Harriet
Harvey, Nick
Hattersley, Roy
Henderson, Doug
Heppell, John
Hill, Keith (Streatham)
Hinchliffe, David
Hodge, Ms Margaret
Hoey, Kate
Hogg, Norman (Cumbernauld)
Home Robertson, John
Hood, Jimmy
Hoon, Geoffrey
Howarth, Alan (Stratf'd-on-A)
Howarth, George (Knowsley N)
Howells, Dr Kim
Hoyle, Doug
Hughes, Kevin (Doncaster N)
Hughes, Robert (Ab'd'n N)
Hughes, Roy (Newport E)
Hutton, John
Illsley, Eric
Ingram, Adam
Jackson, Ms Glenda (Hampst'd)
Jackson, Mrs Helen (Hillsborough)
Jamieson, David
Janner, Greville
Jenkins, Brian D (SE Staffs)
Johnston, Sir Russell
Jones, Barry (Alyn & D'side)
Jones, Ieuan Wyn (Ynys Mon)
Jones, Dr L (B'ham Selly Oak)
Jones, Martyn (Clwyd SW)
Jones, Nigel (Cheltenham)
Jowell, Ms Tessa
Kaufman, Gerald
Keen, Alan
Kennedy, Mrs Jane (Broadgreen)
Khabra, Piara S
Kilfoyle, Peter
Lestor, Miss Joan (Eccles)
Lewis, Terry
Liddell, Mrs Helen
Litherland, Robert
Livingstone, Ken
Lloyd, Tony (Stretf'd)
Loyden, Eddie
McAllion, John
McAvoy, Thomas
McCartney, Ian (Makerf'ld)
McCrea, Rev William
Macdonald, Calum
McFall, John
McKelvey, William
Mackinlay, Andrew
McLeish, Henry
Maclennan, Robert
McNamara, Kevin
MacShane, Denis
McWilliam, John
Madden, Max
Maddock, Mrs Diana
Mahon, Mrs Alice
Mandelson, Peter
Marek, Dr John
Marshall, David (Shettleston)
Marshall, Jim (Leicester S)
Martin, Michael J (Springburn)
Martlew, Eric
Maxton, John
Meacher, Michael
Meale, Alan
Michael, Alun
Milburn, Alan
Miller, Andrew
Mitchell, Austin (Gt Grimsby)
Moonie, Dr Lewis
Morgan, Rhodri
Morley, Elliot
Morris, Ms Estelle (B'ham Yardley)
Morris, John (Aberavon)
Mowlam, Ms Marjorie
Mudie, George
Mullin, Chris
Murphy, Paul
Nicholson, Miss Emma (W Devon)
Oakes, Gordon
O'Brien, Mike (N Warks)
O'Brien, William (Normanton)
Olner, Bill
O'Neill, Martin
Orme, Stanley
Paisley, Rev Ian
Pearson, Ian
Pendry, Tom
Pickthall, Colin
Pike, Peter L
Powell, Sir Raymond (Ogmore)
Prentice, Mrs B (Lewisham E)
Prentice, Gordon (Pendle)
Prescott, John
Primarolo, Ms Dawn
Purchase, Ken
Quin, Ms Joyce
Radice, Giles
Randall, Stuart
Raynsford, Nick
Reid, Dr John
Rendel, David
Robertson, George (Hamilton)
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Rogers, Allan
Rooker, Jeff
Rooney, Terry
Ross, Ernie (Dundee W)
Rowlands, Ted
Ruddock, Ms Joan
Sedgemore, Brian
Sheerman, Barry
Sheldon, Robert
Shore, Peter
Short, Clare
Simpson, Alan
Skinner, Dennis
Smith, Andrew (Oxford E)
Smith, Chris (Islington S)
Smith, Llew (Blaenau Gwent)
Soley, Clive
Spearing, Nigel
Spellar, John
Squire, Ms R (Dunfermline W)
Steinberg, Gerry
Stevenson, George
Stott, Roger
Strang, Dr Gavin
Straw, Jack
Sutcliffe, Gerry
Taylor, Mrs Ann (Dewsbury)
Taylor, Matthew (Truro)
Thompson, Jack (Wansbeck)
Thurnham, Peter
Timms, Stephen
Tipping, Paddy
Touhig, Don
Trickett, Jon
Turner, Dennis
Tyler, Paul
Vaz, Keith
Walker, Sir Harold
Walley, Ms Joan
Wardell, Gareth (Gower)
Wareing, Robert N
Watson, Mike
Wicks, Malcolm
Williams, Alan (Swansea W)
Wilson, Brian
Winnick, David
Wise, Mrs Audrey
Worthington, Tony
Wray, Jimmy

Tellers for the Noes:

Mr. Greg Pope and
Mr. Joe Benton.

Question accordingly negatived.

27 Jan 1997 : Column 79

Mr. David Blunkett (Sheffield, Brightside): On a point of order, Mr. Deputy Speaker. In view of the consequential measures dependent on the new clause and given that the Bill is now severely damaged, will the Government withdraw the measure and come back to us so that we can form a consensus on those parts of the Bill on which the whole House agrees?

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