COMPATIBILITY WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS

273.     There are only four provisions in the Bill which the Department considers engage the European Convention on Human Rights: supply of information for the administration of the education maintenance allowance; supply of information for the administration of free school lunches and milk; supply of information about the school workforce; the disposal of land by foundation schools. These provisions are covered by clauses 107 to 114 of the Bill.

274.     The Department considers that while the creation of a database (clause 114) and the sharing of information (clauses 108 to 112) may constitute an interference with Article 8 rights (the right to respect for private and family life), the interference is proportionate and justified under Article 8.2.

275.     The Department also considers that while Article 1 of Protocol 1 (protection of property) is potentially engaged by the provisions regarding the disposal of land by foundation schools (clause 107), this interference can be justified as being in the public interest and in accordance with the law.

276.     Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). This statement has to be made before second reading. Ruth Kelly, Secretary of State for Education and Skills has made the following statement:

     "In my view the provisions of the Education Bill [HL] are compatible with the Convention rights"

COMMENCEMENT

277.     It is proposed that the following clauses should come into force on Royal Assent: clauses 62 and 63 concerning the power of the Assembly to change the inspection framework in Wales and the interpretation of Part 1; clauses 75(5) and 78(3) concerning definitions relating to the training of the school workforce; clauses 96, 97 and 100 concerning references to training, institutions of a denominational character, institutions in Wales and the interpretation of Part 3; and clauses 119 to 122, and 124 to 128 which are general provisions.

278.     It is proposed that the following clauses should come into force two months after Royal Assent: clause 102, on the requirement for local education authorities in England to set annual targets; clause 107 and Schedule 17 on restrictions on disposal of land; clauses 108 to 112 on the sharing of information for the administration of education maintenance allowances and free school lunches; and clauses 113 and 114 on the supply of information about the school workforce.

279.     Most of the provisions of Part 3 will come into force on 1 September 2005 or, if the Bill is passed after 1 July 2005, two months after the date on which it is passed.

280.     All other provisions in the Bill will come into force on dates appointed by the Secretary of State or, where specified, by the Assembly by commencement order.

ANNEX A - TERRITORIAL APPLICATION