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Public Bill Committee: 19th February 2008                

335

 

Education and Skills Bill, continued

 
 

Mr Gordon Marsden

 

161

 

Page  73,  line  16,  leave out Clause 133.

 


 

Jim Knight

 

Mr David Lammy

 

204

 

Parliamentary Star    

Clause  148,  page  83,  line  3,  leave out ‘71’ and insert ‘(Benefit and training

 

information)’.

 


 

Mr David Laws

 

Mr Stephen Williams

 

169

 

Clause  149,  page  83,  line  21,  at end insert—

 

‘( )    

Section 2 may not come into force before the Secretary of State has certified that

 

based on local education authority assessments there is sufficient and diverse

 

education and training provision to meet the needs of persons to whom Part 1

 

applies.’.

 

Mr David Laws

 

Stephen Williams

 

179

 

Clause  149,  page  83,  line  21,  at end insert—

 

‘( )    

Sections 45 to 48 come into force at the end of the period of 2 years beginning

 

with the day on which this Act is passed.’.

 

Mr Nick Gibb

 

Mr John Hayes

 

Angela Watkinson

 

Oliver Heald

 

Mr Charles Walker

 

182

 

Clause  149,  page  83,  line  21,  at end insert—

 

‘( )    

Part 4 may not come into force until the Secretary of State has held a public

 

consultation on the effects of its coming into force and published the results of

 

that consultation.’.

 

Mr Oliver Heald

 

166

 

Clause  149,  page  83,  line  38,  at end insert—

 

‘(4A)    

The Secretary of State may not make an order under subsection (4) containing

 

provisions for the coming into force of Part 1 unless he has laid before Parliament

 

a report that shows that 95 per cent. of students have attained level 4 or above in

 

(a) mathematics and (b) English as measured by Key Stage 2 National SATS.’.


 
 

Public Bill Committee: 19th February 2008                

336

 

Education and Skills Bill, continued

 
 

Jim Knight

 

Mr David Lammy

 

205

 

Parliamentary Star    

Clause  149,  page  83,  line  40,  leave out ‘71’ and insert ‘(Benefit and training

 

information)’.

 

Mr Nick Gibb

 

Mr John Hayes

 

Angela Watkinson

 

Michael Gove

 

156

 

Clause  149,  page  83,  line  41,  at end add—

 

‘(5A)    

Before making an order under subsection (4) containing provision for the coming

 

into force of section 77 the Secretary of State must publish a revised Regulatory

 

Impact Assessment relating to the provisions in Part 4.’.

 

Mr Nick Gibb

 

Mr John Hayes

 

Angela Watkinson

 

Michael Gove

 

157

 

Clause  149,  page  83,  line  41,  at end add—

 

‘(5A)    

Before making an order under subsection (4) containing provision for the coming

 

into force of section 129 the Secretary of State must publish a report setting out

 

his estimate of the costs that local authorities would incur in fulfilling their duty

 

to assess the quality and suitability of the independent schools to which section

 

129 refers.’.

 

Mr David Laws

 

Mr Stephen Williams

 

159

 

Clause  149,  page  84,  line  16,  leave out ‘2015’ and insert ‘2017’.

 


 

new clauses

 

Powers of National Assembly for Wales

 

Jim Knight

 

NC6

 

To move the following Clause:—

 

‘(1)    

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

 

Measures), field 5 (education and training) is amended as follows.

 

(2)    

After matter 5.4 insert—

 

    

Matter 5.4A

 

    

The regulation of schools that are not maintained by local education

 

authorities, other than nursery schools.”

 

(3)    

In matter 5.15 after “The inspection of—” insert—

 

“(za)    

schools that are not maintained by local education authorities,

 

other than nursery schools;


 
 

Public Bill Committee: 19th February 2008                

337

 

Education and Skills Bill, continued

 
 

(zb)    

education or training provided otherwise than by schools within

 

paragraph (za) for children who are not above compulsory

 

school age;”.

 

(4)    

In that matter, in paragraph (b), for “such institutions” substitute “institutions

 

within paragraph (za) or (a)”.

 

(5)    

In matter 5.16 after “mentioned in” insert “paragraphs (a) to (d) of”.’.

 


 

Benefit and training information

 

Jim Knight

 

Mr David Lammy

 

NC7

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Information within subsection (2) or (3) may be—

 

(a)    

used in connection with the exercise of an assessment function of the

 

Secretary of State or a devolved authority, or

 

(b)    

disclosed to a person for use in connection with the exercise of an

 

assessment function of the Secretary of State or a devolved authority.

 

(2)    

Information is within this subsection if—

 

(a)    

it is about an individual who has attained the age of 19, and

 

(b)    

it is held by the Secretary of State for the purposes of any function of the

 

Secretary of State relating to social security.

 

(3)    

Information is within this subsection if—

 

(a)    

it is about an individual who has attained the age of 19,

 

(b)    

it is held by the Secretary of State or a devolved authority, and

 

(c)    

it relates to any training or course of education undertaken by the

 

individual (whether before or after the individual attained the age of 19).

 

(4)    

For the purposes of this section and sections (Revenue and Customs information)

 

to 74, “assessment function” means any of the following functions—

 

(a)    

evaluating the effectiveness of training or education provided for persons

 

who have attained the age of 19;

 

(b)    

assessing policy in relation to the provision of such training or education;

 

(c)    

assessing policy in relation to social security or employment as it affects

 

the provision of or participation in such training or education.’.

 


 

Revenue and Customs information

 

Jim Knight

 

Mr David Lammy

 

NC8

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Commissioners for Her Majesty’s Revenue and Customs may disclose

 

information relating to income tax or tax credits to a person for use in connection


 
 

Public Bill Committee: 19th February 2008                

338

 

Education and Skills Bill, continued

 
 

with the exercise of an assessment function of the Secretary of State or a devolved

 

authority.

 

(2)    

The reference in subsection (1) to the Commissioners for Her Majesty’s Revenue

 

and Customs includes a reference to a person authorised by the Commissioners.’.

 


 

Use of information

 

Jim Knight

 

Mr David Lammy

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Information disclosed to a person in reliance on section (Benefit and training

 

information)(1)(b) or (Revenue and Customs information) may be used by that

 

person only in connection with the exercise of an assessment function of the

 

Secretary of State or a devolved authority.

 

(2)    

Subsection (3) applies where information about an individual is used in

 

connection with the exercise of an assessment function of the Secretary of State

 

or a devolved authority—

 

(a)    

in reliance on section (Benefit and training information)(1)(a), or

 

(b)    

under subsection (1) above.

 

(3)    

So far as is reasonably practicable, the information must not be used in such a way

 

that the identity of the individual is disclosed to, or capable of being discovered

 

by, a person carrying out an evaluation or assessment of a kind mentioned in

 

section (Benefit and training information)(4)(a) to (c).’.

 


 

Learning and support contracts

 

Mr David Laws

 

Mr Stephen Williams

 

NC1

 

To move the following Clause:—

 

‘(1)    

This section applies where a person to whom this Part applies (“the young

 

person”) is failing to fulfil the duty imposed by section 2.

 

(2)    

A local education authority in England may enter into a learning and support

 

contract with a young person—

 

(a)    

if the young person is resident in that authority’s area; and

 

(b)    

the authority considers that entering into the learning and support

 

contract would be desirable in the interests of the young person’s

 

fulfilment of that duty.

 

(3)    

A learning and support contract is a document which contains—

 

(a)    

a statement by the young person that the young person agrees to comply

 

with such requirements as may be specified in the document for such

 

period as so may be specified; and


 
 

Public Bill Committee: 19th February 2008                

339

 

Education and Skills Bill, continued

 
 

(b)    

a statement by the local education authority that it agrees to provide

 

support to the young person for the purpose of complying with those

 

requirements.

 

(4)    

A learning and support contract must be signed by the young person, and signed

 

on behalf of the local education authority.

 

(5)    

A learning and support contract does not create any obligations in respect of

 

whose breach any liability arises in contract or tort.’.

 


 

Duty to assess education and training provision

 

Mr David Laws

 

Mr Stephen Williams

 

NC2

 

To move the following Clause:—

 

‘(1)    

A local education authority in England must prepare assessments of the

 

sufficiency of the provision of education and training provision in their area

 

(“education and training assessments”).

 

(2)    

The first education and training assessment must be prepared before the end of

 

the period of one year beginning with the commencement of this section.

 

(3)    

Subsequent education and training assessments must be prepared at intervals not

 

exceeding three years.

 

(4)    

The authority must keep an education and training assessment prepared by them

 

under review until the education and training assessment is superseded by a

 

further education and training assessment.

 

(5)    

Regulations may make provision requiring an education and training

 

assessment—

 

(a)    

to deal with prescribed matters, or be prepared according to prescribed

 

criteria;

 

(b)    

to be in the prescribed form; and

 

(c)    

to be published in the prescribed manner.

 

(6)    

In preparing an education and training assessment and keeping it under review, a

 

local education authority in England must—

 

(a)    

consult such persons, or persons of such a description, as may be

 

prescribed; and

 

(b)    

have regard to any guidance given from time to time by the Secretary of

 

State.’.

 


 

Duty to secure sufficient and diverse education and training provision

 

Mr David Laws

 

Mr Stephen Williams

 

NC3

 

To move the following Clause:—


 
 

Public Bill Committee: 19th February 2008                

340

 

Education and Skills Bill, continued

 
 

‘(1)    

A local education authority in England must secure, as far as is reasonably

 

practicable, that the provision of education and training is sufficient to meet the

 

requirements of young persons in their area.

 

(2)    

In determining for the purposes of subsection (1) whether the provision of

 

education and training is sufficient to meet those requirements, a local

 

authority—

 

(a)    

must have regard to the needs of young persons in their area for a diverse

 

range of academic and vocational provision,

 

(b)    

must have regard to the provision of education and training which is

 

suitable for disabled young persons and those with learning difficulties,

 

and

 

(c)    

may have regard to any education and training which they expect to be

 

available outside their area.

 

(3)    

In discharging its duty under subsection (1), a local education authority must have

 

regard to any guidance given from time to time by the Secretary of State.

 

(4)    

The Secretary of State may by order amend subsection (2) so as to modify the

 

matters to which a local education authority must or may have regard in

 

determining whether the provision of education and training is sufficient.

 

(5)    

In this section—

 

“young person” means a person aged 16 to 18 years;

 

“disabled young person” means a young person who has a disability for the

 

purposes of the Disability Discrimination Act 1995 (c. 50).’.

 


 

Waiver of duty to participate on grounds of religious observance

 

Mr David Laws

 

Stephen Williams

 

NC4

 

To move the following Clause:—

 

‘The Secretary of State shall by regulation define days on which those observing

 

particular religious faiths shall be excused from the duties to participate

 

prescribed in this Act.’.

 


 

Student councils

 

Mr David Laws

 

Stephen Williams

 

NC5

 

To move the following Clause:—

 

‘(1)    

Each educational institution shall be obliged to create a council made up of those

 

attending that institution (“a student council”).

 

(2)    

 

(a)    

the local education authority shall be obliged to issue quarterly reports to

 

each student council, and to respond to any comments received from each

 

council.


 
 

Public Bill Committee: 19th February 2008                

341

 

Education and Skills Bill, continued

 
 

(3)    

The Secretary of State shall issue regulations relating to the composition and

 

election of a student council, and to respond to any comments received from each

 

council.

 

(4)    

In this section “educational institution” has the same meaning as in Section 13.’.

 

 

Order of the House [14th January 2008]

 

That the following provisions shall apply to the Education and Skills Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on 28th February 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

ORDER OF THE COMMITTEE [22nd January 2008]

 

AS AMENDED BY THE ORDERS OF 24th January 2008

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

22nd January) meet—

 

(a)  

at 4.00 p.m. on Tuesday 22nd January;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

 

(d)  

at 9.00 a.m. and 1.00 p.m. on Thursday 31st January;

 

(e)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February;

 

(f)  

at 9.00 a.m. and 1.00 p.m. on Thursday 7th February;

 

(g)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 19th February;

 

(h)  

at 9.00 a.m. and 1.00 p.m. on Thursday 21st February;

 

(i)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 26th February;

 

(j)  

at 9.00 a.m. and 1.00 p.m. on Thursday 28th February.


 
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