House of Commons Public Bill Committee Proceedings

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21

House of Commons

Tuesday 19th February 2008

Public Bill Committee Proceedings

Education and Skills Bill

[thirteenth and fourteenth Sittings]

Clause 14

Another Amendment (No. 17) proposed, in page 7, line 29, after ‘authority’, insert

‘provided that the relevant pupil or student has given written consent for the information

to be provided.’.—(Mr Nick Gibb).

Question proposed, That the Amendment be made.

Negatived on division

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  16

Clause  14,  page  7,  line  36,  at end insert—

‘(3A)
Any pupil or student to whom subsection (1) applies shall have the right to

examine any relevant information requested by a local authority before that

information is provided by the responsible person to the authority.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  19

Clause  14,  page  7,  line  36,  at end insert—

‘(3A)
Any pupil or student to whom subsection (1) applies shall be given the

opportunity to correct any relevant information regarded by him as inaccurate,

subject to the agreement of the responsible person.

(3B)
For the purposes of subsection (3A), when agreement cannot be reached between

the pupil or student and the responsible person the Information Commissioner

shall decide what correction, if any, should be made to the relevant information.’.

Mr David Laws

Stephen Williams

Negatived on division  170

Clause  14,  page  7,  line  36,  at end insert ‘which is relevant to assessing their

educational and support needs.’.

Public Bill Committee Proceedings: 19th February 2008
22

Education and Skills Bill, continued

Mr David Laws

Stephen Williams

Withdrawn  171

Clause  14,  page  7,  line  37,  leave out subsection (4).

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  18

Clause  14,  page  7,  line  43,  leave out ‘instructed the responsible person not’ and

insert ‘not given written consent to the responsible person’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  97

Clause  57,  page  30,  line  34,  at beginning insert ‘Subject to the written consent of

the pupil or student,’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  42

Clause  57,  page  30,  line  37,  at end insert ‘to the extent that fulfilling such duty

conforms to Article 8 of the European Convention on Human Rights.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  20

Clause  15,  page  8,  line  4,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the Secretary of State

regards the provision of the information to be proportionate to the aims of the

local education authority in the exercise of its functions under this Part.’.

Public Bill Committee Proceedings: 19th February 2008
23

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  21

Clause  15,  page  8,  line  4,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the local education

authority requesting the information regards the provision of the information to

be proportionate to the aims of the local education authority in the exercise of its

functions under this Part.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  22

Clause  15,  page  8,  line  4,  at end insert—

‘( )
Information may only be supplied under subsection (1) if the person to whom the

information relates has given written consent that such information can be

supplied.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  103

Clause  61,  page  33,  line  6,  leave out from ‘authority’ to ‘in’ in line 7.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  104

Clause  61,  page  33,  line  8,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the person to whom the

information relates has given written consent that such information can be

supplied.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  105

Clause  61,  page  33,  line  8,  at end insert—

‘(1A)
Any person about whom information is supplied under subsection (1) shall have

the right to examine any relevant information requested by a local authority or

other person before that information is provided by the Secretary of State to the

authority or other person.’.

Public Bill Committee Proceedings: 19th February 2008
24

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  106

Clause  61,  page  33,  line  8,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the Secretary of State

regards the provision of the information to be proportionate to the aims of the

local education authority for the purpose of the provision of services in pursuance

of section 54 or 56(1)(b).’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  102

Clause  61,  page  33,  line  19,  after ‘unless’ insert ‘consent has been given by the

person to whom the information relates and’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  23

Clause  16,  page  8,  line  44,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the relevant person or

body mentioned in subsection (2) regards the provision of the information to be

proportionate to the fulfilment of the aims of the local education authority in the

exercise of its functions under this Part.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  24

Clause  16,  page  8,  line  44,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the local education

authority requesting the information regards the provision of the information to

be proportionate to the aims of the local education authority in the exercise of its

functions under this Part.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  25

Clause  16,  page  8,  line  44,  at end insert—

‘( )
Information may only be supplied under subsection (1) if the person to whom the

information relates has given written consent that such information can be

supplied.’.

Public Bill Committee Proceedings: 19th February 2008
25

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  28

Clause  16,  page  8,  line  44,  at end insert—

‘( )
The provisions of section 15(4), (5), (6) and (7) shall apply to any person to whom

information is supplied under subsection (1).’.

Mr David Laws

Stephen Williams

Withdrawn  60

Clause  16,  page  9,  leave out lines 3 and 4.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  26

Clause  16,  page  9,  line  7,  at end insert—

‘(2A)
Any person about whom information is supplied under subsection (1) shall have

the right to examine any relevant information requested by a local authority from

a responsible person or body before that information is provided to the

authority.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  27

Clause  16,  page  9,  line  7,  at end insert—

‘(3A)
Any person about whom information is supplied under subsection (1) shall be

given the opportunity to correct information regarded by him as inaccurate,

subject to the agreement of the relevant person or body supplying the information.

(3B)
For the purpose of subsection (3A), when agreement cannot be reached on any

correction to the information, the Information Commissioner shall decide what

correction, if any, should be made to the relevant information.’.

Clause Agreed to on division.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  109

Clause  62,  page  34,  line  5,  at end insert—

‘(1A)
The provisions of section 61(4), (5), (6) and (7) shall apply to any person to whom

information is supplied under subsection (1).’.

Public Bill Committee Proceedings: 19th February 2008
26

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  112

Clause  62,  page  34,  line  5,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the person to whom the

information relates has given written consent that such information can be

supplied.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  113

Clause  62,  page  34,  line  5,  at end insert—

‘(1A)
Information may only be supplied under subsection (1) if the request for

information is proportionate to the purpose of providing services in pursuance of

section 54 or 56(1)(b).’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  107

Clause  62,  page  34,  leave out lines 9 to 13.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  110

Clause  62,  page  34,  line  13,  at end insert—

‘(2A)
Any person to whom subsection (1) applies shall be given the opportunity to

correct any information regarded by him as inaccurate subject to the agreement

of the persons or bodies referred to in subsection (2).

(2B)
For the purpose of subsection (2A), when agreement cannot be reached on any

correction to the information, the Information Commissioner shall decide what

correction, if any, should be made to the information.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  111

Clause  62,  page  34,  line  13,  at end insert—

‘(2A)
A person about whom information is supplied under subsection (1) shall have the

right to examine any relevant information requested before that information is

provided.’.

Public Bill Committee Proceedings: 19th February 2008
27

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not selected  108

Page  34,  line  1,  leave out Clause 62.

Clause Agreed to.

Clause 17 Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  29

Clause  18,  page  10,  line  20,  at end insert ‘and such guidance shall be placed in the

Library of the House of Commons and notice given of the publication of the guidance by

written Ministerial statement.’.

Clause Agreed to.

Clause 19 Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  30

Clause  20,  page  11,  line  4,  after ‘constituting’, insert ‘sufficient’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  32

Clause  21,  page  11,  line  16,  at end insert—

‘(1A)
In subsection (1) “appropriate arrangements” may include training provided

directly by the employer which can lead to an accredited qualification.’.