Public Bill Committee: 7th February 2008

293

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

126

Clause  79,  page  48,  line  41,  leave out ‘Chief Inspector’ and insert ‘Secretary of

State’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

153

Clause  80,  page  49,  line  7,  leave out ‘51 weeks’ and insert ‘six months’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

53

Clause  85,  page  51,  line  12,  at end insert ‘one or more’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

127

Clause  87,  page  51,  line  24,  at end insert ‘if he regards the change to be of such

significance as to warrant an inspection,

‘(1A)

In determining whether the change is of such significance, the Chief Inspector

shall have regard to precedents.’.

Public Bill Committee: 7th February 2008

294

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

128

Clause  88,  page  52,  line  2,  at end insert—

‘(2A)

Any such other evidence referred to in subsection (2)(B) must be made available

to the independent educational institution.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

129

Clause  92,  page  53,  line  26,  at end insert—

‘(2A)

For the purpose of subsection (2) the Independent Schools Inspectorate shall

inspect independent educational institutions that are—

(a)	members of Independent Schools Council associations, and

(b)	all other registered independent educational institutions other than

schools belonging to the Focus Learning Trust.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

130

Clause  94,  page  54,  line  29,  at end insert ‘, or any other standard considered to be

relevant by the independent inspectorate.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

131

Clause  98,  page  55,  line  41,  at end insert ‘except for reports of inspections carried

out in response to a specific complaint.’.

Public Bill Committee: 7th February 2008

295

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

154

Clause  125,  page  69,  line  4,  leave out subsection (2).

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

155

Clause  127,  page  69,  line  33,  after ‘Inspector’, insert ‘or the Secretary of State’.

Mr Gordon Marsden

161

Page  73,  line  16,  leave out Clause 133

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.’.

Public Bill Committee: 7th February 2008

296

Education and Skills Bill, continued

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.’.

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

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

Public Bill Committee: 7th February 2008

297

Education and Skills Bill, continued

(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

(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.’.

Public Bill Committee: 7th February 2008

298

Education and Skills Bill, continued

Duty to secure sufficient and diverse education and training provision

Mr David Laws

Mr Stephen Williams

NC3

To move the following Clause:—

‘(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.’.

Public Bill Committee: 7th February 2008

299

Education and Skills Bill, continued

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.

(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—

---

Revised 7 February 2008