House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

511

House of Commons

Notices of Amendments

given on

Thursday 19 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

Apprenticeships, Skills, Children and Learning Bill Committee 424-510

Public Bill Committee

Apprenticeships, Skills, Children and Learning Bill

Mr Graham Stuart

529

Schedule  9,  page  190,  line  24,  at end insert—

‘(2A)
The Order in Council in sub-paragraph (1)(a) must be made by Statutory

Instrument which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.’.

Mr Graham Stuart

530

Schedule  9,  page  191,  line  17,  after ‘office’, insert ‘of deputy’.

Mr Graham Stuart

531

Clause  142,  page  80,  line  24,  leave out ‘connected or otherwise’ and insert

‘directly and materially’.

Mr David Laws

Stephen Williams

Annette Brooke

532

Clause  138,  page  78,  line  12,  after ‘may’, insert ‘in exceptional circumstances’.

Mr David Laws

Stephen Williams

Annette Brooke

533

Clause  138,  page  78,  line  22,  leave out from ‘must’ to end of line 23 and insert

‘agree with Ofqual the circumstances in which he can use the power conferred by

subsection (1), and publish the terms of this agreement.’.

Notices of Amendments: 19 March 2009
512

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

534

Clause  203,  page  117,  line  38,  at end insert—

‘( )
A Local Commissioner may disclose to the Parliamentary Commissioner for

Administration any information obtained by the Local Commissioner under or for

the purposes of this Chapter if the information appears to the Local

Commissioner to relate to a matter in respect of which the Parliamentary

Commissioner has functions.

( )
A Local Commissioner may disclose to the Information Commissioner any

information obtained by the Local Commissioner under or for the purposes of this

Chapter if the information appears to the Local Commissioner to relate to—

(a)
a matter in respect of which the Information Commissioner could

exercise any power conferred by—

(i)
Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);

(ii)
section 48 of the Freedom of Information Act 2000 (c. 36)

(practice recommendations); or

(iii)
Part 4 of that Act (enforcement); or

(b)
the commission of an offence under—

(i)
any provision of the Data Protection Act 1998 (c. 29) other than

paragraph 12 of Schedule 9 (obstruction of execution of

warrant); or

(ii)
section 77 of the Freedom of Information Act 2000 (c. 36)

(offence of altering etc. records with intent to prevent

disclosure).’.

Member’s explanatory statement

This amendment permits the Local Commissioner to disclose information, obtained whilst con

ducting his investigation, to the Parliamentary Commissioner for Administration or the Informa

tion Commissioner in certain circumstances.

Jim Knight

Mr Siôn Simon

535

Clause  204,  page  118,  line  9,  leave out ‘for Local Administration in England (“the

Commission”)’.

Member’s explanatory statement

This amendment removes the definition of “the Commission” from clause 204. This term is now

defined in new clause 27.

Jim Knight

Mr Siôn Simon

536

Clause  208,  page  120,  line  7,  at end insert—

‘(2)
In paragraph 1 of Schedule 4 to the Local Government Act 1974 (c. 7) (the

Commission), after sub-paragraph (2B) (inserted by the Health Act 2009)

insert—

“(2C)
A Local Commissioner may not investigate a complaint against a

school under Chapter 2 of Part 10 of the Apprenticeships, Skills,

Children and Learning Act 2009 if the Local Commissioner—

(a)
is a governor of the school;

(b)
is a parent of—

(i)
a registered pupil at the school, or

Notices of Amendments: 19 March 2009
513

Apprenticeships, Skills, Children and Learning Bill, continued

(ii)
a person who has been a registered pupil at the school

within the five years ending with the making of the

complaint; or

(c)
works at the school or has worked at the school within those

five years.

    (2D)
In sub-paragraph (2C) “registered pupil” has the same meaning as in

the Education Act 1996.”’.

Member’s explanatory statement

This amendment prohibits a Local Commissioner from investigating a complaint against a school

where they are a governor of the school, have a child who is, or was, a pupil at the school within

the last five years, or have worked at the school within that period.

Jim Knight

Mr Siôn Simon

537

Clause  209,  page  120,  line  10,  at end insert—

‘“the Commission” has the meaning given by section [Parental complaints:

arrangements etc. to be made by Commission](1);’.

Member’s explanatory statement

This amendment provides for “the Commission” in Chapter 2 of Part 10 to have the meaning given

in new clause 27.

Parental complaints: law of defamation

Jim Knight

Mr Siôn Simon

NC25

To move the following Clause:—

‘(1)
For the purposes of the law of defamation the following are absolutely

privileged—

(a)
the publication of any matter in communications between a governing

body and a Local Commissioner, or any person discharging or assisting

in the discharge of a function of a Local Commissioner, for the purposes

of this Chapter;

(b)
the publication of any matter by a Local Commissioner or by any person

discharging or assisting in the discharge of a function of a Local

Commissioner, in communicating for the purposes of this Chapter with a

person mentioned in subsection (2);

(c)
the publication of any matter in preparing, making and sending a

statement in accordance with section 199;

(d)
the publication of any matter by inclusion in an adverse findings notice

published in accordance with section 200(3), (4) and (5) or (6);

(e)
the publication of any matter by inclusion in a statement or summary

published or supplied under section 201;

(f)
the publication of any matter contained in a report by a Local

Commissioner which has been made available to the public, being

publication by inclusion in a report made or published under section 204.

(2)
The persons mentioned in subsection (1)(b) are—

(a)
the governing body;

(b)
the complainant (or, if the complainant is the pupil, a parent of the

complainant);

Notices of Amendments: 19 March 2009
514

Apprenticeships, Skills, Children and Learning Bill, continued

(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills;

(d)
the Parliamentary Commissioner for Administration;

(e)
a local education authority (within the meaning given by section 12 of the

Education Act 1996 (c. 56));

(f)
the Secretary of State.’.

Member’s explanatory statement

This new clause provides absolute privilege for the purposes of defamation. It ensures that state

ments, communications, and certain other publications made by the Local Commissioner and oth

er parties during the course of an investigation into a complaint cannot be sued on as defamatory.

Parental complaints: consultation with Parliamentary Commissioner for Administration

Jim Knight

Mr Siôn Simon

NC26

To move the following Clause:—

‘(1)
Subsection (2) applies if, at any stage in the course of an investigation under this

Chapter, a Local Commissioner forms the opinion that the matters which are the

subject of the investigation include a matter which could be the subject of an

investigation by the Parliamentary Commissioner for Administration in

accordance with the Parliamentary Commissioner Act 1967 (c. 13) (“the 1967

Act”).

(2)
The Local Commissioner—

(a)
must consult the Parliamentary Commissioner for Administration about

the matter; and

(b)
where a complaint was made about the matter must, if the Local

Commissioner considers it necessary, inform the complainant of the

steps necessary to initiate a complaint under the 1967 Act.

(3)
Consultation under subsection (2)(a) in relation to a matter under investigation

under this Chapter may be about anything relating to the matter, including—

(a)
the conduct of any investigation into the matter; and

(b)
the form, content and publication of any report or statement of the result

of such an investigation.

(4)
Subsection (5) applies if, at any stage in the course of conducting an investigation

under the 1967 Act, the Parliamentary Commissioner for Administration forms

the opinion that the complaint relates partly to a matter which could be the subject

of an investigation under this Chapter.

(5)
The Parliamentary Commissioner for Administration—

(a)
must consult the appropriate Local Commissioner about the complaint;

and

(b)
where the Parliamentary Commissioner considers it necessary, must

inform the person initiating the complaint of the steps necessary to

initiate a complaint under this Chapter.

(6)
Where a Local Commissioner is consulted about a complaint under the 1967 Act

by virtue of subsection (5), subsection (3) applies (with the necessary

modifications) as it applies in relation to consultations held by virtue of

subsection (2).

(7)
Section 11(2) of the 1967 Act (secrecy) does not apply in relation to the

disclosure of information in the course of consultations held in accordance with

this section.’

Member’s explanatory statement

Notices of Amendments: 19 March 2009
515

Apprenticeships, Skills, Children and Learning Bill, continued

This new clause places a duty on both the Local Commissioner and the Parliamentary Commis

sioner for Administration to consult and disclose information to one another where a complaint

they are investigating may relate to a matter the other is also investigating.

Parental complaints: arrangements etc. to be made by Commission

Jim Knight

Mr Siôn Simon

NC27

To move the following Clause:—

‘(1)
The Commission for Local Administration in England (“the Commission”)

must—

(a)
divide the matters which may be investigated under this Chapter into

such categories as it considers appropriate; and

(b)
allocate, or make arrangements for allocating, responsibility for each

category of matter to one or more of the Local Commissioners.

(2)
The Commission—

(a)
must make arrangements for Local Commissioners to deal with matters

for which they do not have responsibility pursuant to subsection (1); and

(b)
must publish information about the procedures for making complaints

under this Chapter.’.

Member’s explanatory statement

This new clause provides that the Commission must divide matters which may be investigated into

appropriate categories and allocate responsibility for each category between the Local Commis

sioners. The Commission must also publish information about the procedures for making com

plaints under Chapter 2 of Part 10.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

538

Clause  215,  page  124,  line  6,  leave out subsection (3).

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

539

Clause  216,  page  124,  line  15,  leave out ‘either’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

540

Clause  216,  page  124,  line  16,  leave out ‘(a)’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

541

Clause  216,  page  124,  line  16,  leave out from ‘agreement’ to end of line 19.

Notices of Amendments: 19 March 2009
516

Apprenticeships, Skills, Children and Learning Bill, continued

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

542

Clause  217,  page  124,  line  30,  leave out ‘(a)’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

543

Page  124,  line  36,  leave out Clause 218.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

544

Clause  219,  page  125,  line  12,  leave out ‘section 218(2)(b)’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

545

Clause  219,  page  125,  line  34,  leave out subsection (7).

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

546

Clause  220,  page  126,  line  13,  leave out paragraph (c).

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

547

Schedule  15,  page  222,  line  4,  leave out ‘represents’ and insert ‘is a trade union

recognised to represent’.

Mrs Maria Miller

548

Clause  172,  page  93,  line  5,  at end insert ‘and publish a review annually’.

Mrs Maria Miller

549

Clause  172,  page  93,  line  16,  after ‘may’, insert ‘, with the permission of the

Secretary of State,’.

Mrs Maria Miller

550

Clause  173,  page  93,  line  24,  at end insert ‘, as defined by the Secretary of State.’.

Mrs Maria Miller

551

Clause  173,  page  93,  line  36,  after ‘may’, insert ‘, with the permission of the

Secretary of State,’.

Notices of Amendments: 19 March 2009
517

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

552

Clause  175,  page  94,  line  29,  after ‘QCDA’, insert ‘with the permission of the

Secretary of State,’.

Mrs Maria Miller

553

Clause  172,  page  93,  line  17,  at end insert—

‘( )
The QCDA may, with the permission of the Secretary of State, publish and

disseminate, or facilitate the publication or other dissemination of, information

relating to exemptions from the Early Years Foundation Stage.’.

Mr David Laws

Stephen Williams

Annette Brooke

554

Clause  126,  page  72,  line  3,  at end insert—

‘(A1)
The principal duty of Ofqual in performing its functions is to promote the

interests of learners.’.

Mr David Laws

Stephen Williams

Annette Brooke

555

Clause  126,  page  72,  line  33,  leave out paragraph (b).

Mr David Laws

Stephen Williams

Annette Brooke

556

Clause  162,  page  89,  line  22,  at end insert—

‘(9)
Ofqual shall, before each financial year, publish a document (the “forward work

programme”) containing a description of the main activities which it plans to

undertake during the year and how these activities are intended to meet its

objectives.

(10)
Before publishing the forward work programme for any year, Ofqual shall give a

notice—

(a)
containing a draft of the forward work programme, and

(b)
specifying the time within which representations or objections to the

proposals contained in it may be made,


and shall consider any representations or objections which are made under

paragraph (b).’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Annette Brooke

557

Clause  125,  page  71,  line  37,  leave out ‘regulated qualifications are provided’ and

insert ‘the market for regulated qualifications operates’.