House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

31

House of Commons

Thursday 21st February 2008

Public Bill Committee Proceedings

Education and Skills Bill

[Fifteenth and sixteenth Sittings]

Jim Knight

Agreed to  135

Clause  33,  page  17,  line  35,  at end insert—

‘( )
In section 105 (redundancy), after subsection (4A) insert—

“(4B)
This subsection applies if the reason (or, if more than one, the principal

reason) for which the employee was selected for dismissal was that

specified in section 101B.”’.

Jim Knight

Not called  136

Clause  33,  page  17,  line  35,  at end insert—

‘( )
In section 108 (qualifying period of employment), after subsection (3)(dd)

insert—

“(de)
section 101B applies,”.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not selected  56

Page  17,  line  27,  leave out Clause 33.

Clause, as amended, Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  33

Clause  34,  page  18,  line  11,  at end insert—

Public Bill Committee Proceedings: 21st February 2008
32

Education and Skills Bill, continued

‘(2A)
Prior to entering into a parenting contract the local education authority shall

ensure that parents’ needs are assessed by the appropriate local authority adult

services.’.

Mr David Laws

Stephen Williams

Not selected  65

Page  18,  line  3,  leave out Clause 34.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  187

Clause  35,  page  19,  line  1,  leae out ‘, but need not,’.

Mr David Laws

Stephen Williams

Not selected  66

Page  18,  line  25,  leave out Clause 35.

Clause Agreed to.

Clause 36 Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  189

Clause  37,  page  19,  line  31,  at end add—

‘(3)
The grounds for an appeal under subsection (1) shall include a lack of suitable

educational or training provision for the needs of the person to whom this Part

applies.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  188

Clause  38,  page  20,  line  2,  after ‘cases’, insert ‘, in particular those relating to

Public Bill Committee Proceedings: 21st February 2008
33

Education and Skills Bill, continued

parents who are estranged from their children.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  149

Clause  39,  page  20,  line  23,  leave out ‘fulfil the duty imposed’ and insert

‘participate in required education or training as required’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  150

Clause  39,  page  20,  line  27,  leave out ‘fulfil that duty’ and insert ‘participate in

required education or training’.

Mr David Laws

Stephen Williams

Withdrawn  67

Clause  39,  page  20,  line  40,  at end insert ‘, and

(c)
must make an assessment of the person’s ability to benefit from the

support offered.’.

Mr David Laws

Stephen Williams

Not called  68

Clause  39,  page  20,  line  40,  at end insert ‘, and

(c)
may grant a waiver from this obligation where this seems in the best

interests of the person.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  151

Clause  40,  page  21,  line  26,  at end insert—

‘(b)
the local education authority has taken all reasonable steps to secure that

person’s voluntary participation in required education or training.’.

Public Bill Committee Proceedings: 21st February 2008
34

Education and Skills Bill, continued

Mr David Laws

Stephen Williams

Not called  69

Clause  40,  page  21,  line  35,  at end insert—

‘(2A)
This further notice must not be issued before the authority has made an

assessment of the person’s ability to comply with the initial notice, and whether

this meets their needs.’.

Mr David Laws

Stephen Williams

Withdrawn  79

Clause  40,  page  21,  leave out lines 41 to 45.

Clause Agreed to.

Mr David Laws

Mr Stephen Williams

Withdrawn  164

Clause  41,  page  22,  line  33,  after ‘person’, insert ‘having regard to a person’s age,

ability, aptitude and needs (if any) for personalised support and personalised learning

opportunities’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  85

Clause  42,  page  23,  line  21,  at end add—

‘(5)
This section may not come into force before the Secretary of State has published

a report setting out his estimate of the total annual cost of the establishment and

operation of attendance panels.’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  152

Clause  43,  page  23,  line  28,  after ‘notice’, insert ‘on the grounds of its suitability or

for any other reason’.

Public Bill Committee Proceedings: 21st February 2008
35

Education and Skills Bill, continued

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  86

Clause  43,  page  23,  line  37,  at end add—

‘(4)
Regulations made under subsection (3) shall include a requirement that any

appeal made under this section shall be heard by the attendance panel within one

month of the appeal being made.’.

Mr David Laws

Mr Stephen Williams

Withdrawn  167

Clause  43,  page  23,  line  37,  at end add—

‘(4)
In considering an appeal the attendance panel must invite the young person who

is appealing against the attendance notice, or the young person’s nominated

representative, to make representations to it.’.

Clause Agreed to.

Clause 44 Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  34

Clause  45,  page  24,  line  24,  leave out first ‘an’ and insert ‘a civil’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  35

Clause  45,  page  24,  line  27,  leave out ‘an’ and insert ‘a civil’.

Mr David Laws

Stephen Williams

Negatived on division  80

Clause  45,  page  24,  line  29,  at end insert—

‘(2A)
It is a defence for a person charged with an offence under subsection (1) to show

that he or she is—

(a)
in employment,

(b)
in treatment for a serious medical condition,

(c)
caring for a family member, including as a parent,

(d)
terminally ill, or

(e)
unlikely to benefit from the service offered.’.

Public Bill Committee Proceedings: 21st February 2008
36

Education and Skills Bill, continued

Mr David Laws

Stephen Williams

Negatived on division  81

Clause  45,  page  24,  leave out lines 30 to 31.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  36

Clause  45,  page  24,  line  30,  leave out from ‘person’ to end of line 31 and insert

‘acting unlawfully under subsection (1) is liable to a civil penalty not exceeding £200.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Negatived on division  37

Clause  45,  page  24,  line  31,  at end add—

‘(4)
An offence under this section shall not be regarded as a recordable offence under

the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/

1139).’.

Mr David Laws

Stephen Williams

Not called  82

Clause  45,  page  24,  line  31,  at end add—

‘(4)
A conviction under subsection (1) shall not be recorded under the National Police

Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139) after the date

of the person’s 18th birthday.’.

Mr David Laws

Stephen Williams

Not called  178

Clause  45,  page  24,  line  31,  at end add—

‘(4)
An individual who receives a penalty under this section shall not—

(a)
receive a criminal record if none already exists,

(b)
have this penalty notice added to their criminal record if one exists.’.

Clause Agreed to on division.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  38

Clause  46,  page  25,  line  13,  after ‘45’, insert ‘or an advocate of that person’.

Public Bill Committee Proceedings: 21st February 2008
37

Education and Skills Bill, continued

Mr David Laws

Stephen Williams

Not called  83

Clause  46,  page  25,  line  13,  at end insert—

‘(6A)
In making representations to the attendance panel the person alleged to have

committed the offence shall be entitled to advocacy.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not called  87

Clause  46,  page  25,  line  17,  at end add—

‘(9)
The Secretary of State must by regulations make provision setting out the rules of

the proceedings of the attendance panel in relation to its functions in subsection

(6).’.

Mr David Laws

Mr Stephen Williams

Withdrawn  183

Clause  46,  page  25,  line  17,  at end add—

‘(9)
The proceedings may not be instituted unless the local education authority is of

the opinion on reasonable grounds that they have exhausted all other options for

encouraging the young person to comply with their attendance notice.

(10)
The Secretary of State shall make regulations providing a definition of “all other

options” under subsection (9), setting out the circumstances at which this stage

may reasonably be considered to have been reached.

(11)
In determining whether all other options have been exhausted with an individual

young person the local education authority must have regard to the statutory

definition provided by the Secretary of State under subsection (10).’.

Clause Agreed to.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Not selected  88

Clause  47,  page  25,  line  26,  at end insert—

‘(1A)
An attendance panel shall take into account the level of support provided by a

local education authority under section 10 in assessing whether a person has a

reasonable excuse under subsection (1)(a).’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

Withdrawn  40

Clause  47,  page  25,  line  38,  at end insert ‘provided that such penalty does not

exceed £200,’.