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Mr. Leigh: I am grateful for the generous way in which my hon. Friend has dealt with our concerns. In view of the fact that he said that we were knocking on an open door and that our right hon. Friend the Secretary of State has particularly seized on the arguments that we have made this evening, I am happy to beg to ask leave to withdraw the motion.

Motion and clause, by leave, withdrawn.

Schedule 1

Schedule inserted after schedule 5 to the Education Act 1996

Amendment made: No. 36, in page 52, line 9, at end insert--

' "admission authority" has the same meaning as in Chapter I of Part VI;'.--[Mr. Forth.]

Clause 14

Grants to promoters of grant-maintained schools

Amendment made: No. 5, in page 13, line 16, at end insert--
'(1A) The funding authority shall not, however, make any grant under this section to any such persons unless--
(a) the authority are satisfied that it is likely that the proposed school would, if established, be a viable school; or
(b) it appears to the authority, on the basis of material already submitted to them by those persons, that it is likely that they would be so satisfied once those persons had taken any particular further steps, and the grant is made in respect of expenditure to be incurred in connection with taking those steps.
(1B) For the purposes of subsection (1A) a proposed school would be a viable school if there would be a sufficient demand for places at the school to ensure that a satisfactory standard of education was provided there.'.--[Mr. Forth.]

Clause 19

Responsibility for discipline: LEA-maintained schools

Amendments made: No. 6, in page 16, line 17, leave out 'prepare' and insert 'make'.
No. 7, in page 16, line 31, at end insert--
'(2A) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)--
(a) the head teacher, and
(b) parents of registered pupils at the school.'.
No. 8, in page 16, line 45, leave out 'prepared' and insert 'made'.--[Mr. Forth.]

28 Jan 1997 : Column 248

Clause 20

Responsibility for discipline: grant-maintained and grant-maintained special schools

Amendments made: No. 9, in page 17, line 31, leave out 'prepare' and insert 'make'.
No. 10, in page 17, line 45, at end insert--
'(2A) Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)--
(a) the head teacher, and
(b) parents of registered pupils at the school.'.
No. 11, in page 18, line 14, leave out 'prepared' and insert 'made'.--[Mr. Forth.]

Clause 21

Detention outside school hours lawful despite absence of parental consent

Amendments made: No. 12, in page 18, line 36, leave out from beginning to 'Where' in line 39 and insert
'After the section 550A inserted in the Education Act 1996 by section (Power of members of staff to restrain pupils) of this Act there shall be inserted--

"Detention
550B--(1)'.
No. 13, in page 19, line 11, after 'and' insert
'have--
(i)'.
No. 14, in page 19, line 12, after 'school,' insert
'and
(ii) taken steps to bring to the attention of the parent of every person who is for the time being a registered pupil there,'.--[Mr. Forth.]

Clause 23

Exclusion or reinstatement appeals: LEA-maintained schools

Amendment made: No. 15, in page 20, leave out lines 29 to 34 and insert--
'(3) For paragraph 8 there shall be substituted--
"8.--(1) On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.
(2) On such an appeal the committee shall allow--
(a) the head teacher to make written representations and to appear and make oral representations,
(b) the local education authority and the governing body to make written representations,
(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and
(d) the governing body to be represented.".'.--[Mr. Forth.]

28 Jan 1997 : Column 249

Clause 32

Adoption of baseline assessment schemes

Amendment made: No. 65, in page 27, line 40, leave out subsection (5) and insert--
'(5) However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen--
(a) by the head teacher after consulting the governing body; or
(b) if such a scheme is not so chosen by him within a reasonable time, by the governing body;
and, when choosing the scheme to be adopted for a school which is maintained by a local education authority, the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).'.--[Mrs. Gillan.]

Clause 33

Assessment of pupils in accordance with scheme

Amendments made: No. 17, in page 28, line 21, after 'direct' insert--
'(a)'.'.
No. 18, in page 28, line 22, at end insert ', or
(b) that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school's baseline assessment scheme is to have effect with such modifications as are specified in the direction.'.
No. 19, in page 28, line 27, leave out from first 'the' to second 'and' in line 29 and insert
'matters set out in subsection (5A);'.
No. 20, in page 28, line 30, at end insert--
'(5A) The matters referred to in subsection (5) are--
(a) the fact that the head teacher has given the direction in question and his reasons for doing so;
(b) in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and
(c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).'.--[Mrs. Gillan.]

Clause 39

Functions of the Authority in relation to external vocational and academic qualifications

Mr. Win Griffiths: I beg to move amendment No. 62, in page 32, line 19, leave out subsection (3) and insert--

(3) The Secretaries of State may by regulation make such provision as they consider appropriate for the Qualifications and National Curriculum Authority in England and the Qualifications, Curriculum and Assessment Authority for Wales to cooperate in the exercise of their functions as set out in subsection (2)(a)-(g) above and section 45(2)(a)-(g) below respectively.'.

Mr. Deputy Speaker: With this, it will be convenient to discuss the following amendments: Government amendment No. 21.

No. 61, in clause 41, page 33, line 36, after 'question', insert

'in accordance with regulations made by the Secretary of State'.

Government amendment No. 22.

28 Jan 1997 : Column 250

No. 64, in clause 42, page 34, leave out lines 21 to23 and insert--

(b) shall include among those members persons who have been nominated to him by persons representative of occupations, trades or professions having experience and an interest in education or training.'.

No. 63, in clause 45, page 35, line 24, leave out from second 'Wales' to end of line 34 and insert

the functions set out in subsection (2) with respect to external qualifications.
(2) The functions are--
(a) to keep under review all aspects of such qualifications;
(b) to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;
(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;
(d) to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;
(e) to publish and disseminate, and assist in the publication and dissemination of information relating to such qualifications;
(f) to develop and publish criteria for the accreditation of such qualifications;
(g) to accredit, where they meet such criteria, any such qualifications submitted for accreditation.'.

Government amendments Nos. 23 and 24.

Mr. Griffiths: Unfortunately, we shall have to be brief as time is pressing. The amendment would remove the uncertainty and potential confusion in clauses 39 and45 with regard to the Qualifications and National Curriculum Authority, the QNCA, and Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru, or ACCAC. We also want to ensure that the membership of ACCAC truly represents those with expertise and interest in education and training. Finally, the amendment deals with a technical matter relating to fees.

The Bill allows for considerable confusion. The two bodies--the QNCA for England and ACCAC for Wales--have many functions, some of which are clear and some of which are not. The QNCA's functions are clearly stated in clause 39(2)(a) to (g), but ACCAC's role is dependent on the Secretary of State for Wales and the QNCA. The Secretary of State can, by order, decide that ACCAC runs its affairs concurrently with the QNCA or, at some stage, on its own. In the meantime, however, under schedule 6, the QNCA may authorise ACCAC to act as its agent in Wales in relation to external academic and vocational qualifications.

Although the underlying education and training needs in Wales are similar to those in England, there are differences that need to be recognised and tackled specifically by the QNCA and ACCAC in their own spheres of responsibility. In relation to the national curriculum and assessment, that has already been recognised in sections 358 to 361 and schedules 29 and 30 to the Education Act 1996. The existing Awdurdod Cwricwlwm ac Asesu Cymru, or ACAC, and the School Curriculum and Assessment Authority are designated as bodies of equal standing with responsibilities for the national curriculum and assessment in their respective

28 Jan 1997 : Column 251

countries, but with a duty to co-operate with one another and, indeed, to be represented at each other's main board meetings and committees. That model should be the one used in creating the QNCA and ACCAC. The possibility of that happening is foreshadowed in the Bill, but it remains only a possibility.

I trust that the Government will respond positively to the amendment, which is intended to give a clear and consistent role to ACCAC by homing in on one of the options that the Government have provided in the Bill. I hope that the Government will have the courage to take up that option by accepting the amendment; otherwise it will appear to people in Wales that, when facing the serious problems involved in creating a skilled work force at all levels of activity in Wales, the Government have chosen to dither by offering three options for which no timing is proposed for action. That seemingly flexible but in fact uncertain programme is a recipe for failure. The Government have had the courage in the past to create separate bodies, as with ACAC and SCAA, and I hope that they will have the courage to accept our amendments, which offer a clear and purposeful lead for enhancing vocational and academic qualifications in Wales.

Finally, I wish to refer to a matter that was raised earlier when we discussed the principle of a general teaching council. It would be Labour's intention to have a body in England and in Wales, once there was an assembly.

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