House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 26 March 2009
96

Apprenticeships, Skills, Children and Learning Bill, continued

Clause 188 Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  369

Clause  189,  page  109,  line  7,  leave out ‘and quality’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  527

Clause  189,  page  109,  line  7,  after ‘quality’, insert ‘and sustainability’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  370

Clause  189,  page  109,  line  9,  at end insert—

‘(aa)
improving the quality of early childhood services that are provided in

their area, and’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  528

Clause  189,  page  109,  line  11,  at end insert—

‘(c)
the desirability of maintaining a range of different types of providers of

services including those from the private and voluntary sector.’.

Clause Agreed to.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  526

Clause  190,  page  109,  line  25,  leave out subsection (1) and insert—

‘( )
A local education authority in England must allocate funding for free of charge

early years provision for a funding period outside a maintained school out of the

authority’s individual schools budget for the period.’.

Public Bill Committee Proceedings: 26 March 2009
97

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  524

Clause  190,  page  109,  line  30,  at end insert—

‘(2A)
The regulations made under subsection (2) must promote the maintenance of a

range of different types of providers of services, including those from the private

and voluntary sector.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  523

Clause  190,  page  110,  line  18,  at end insert—

‘(4A)
Regulations made under subsection (4) must specify that consultations about the

determination of the amount of financial assistance must include a requirement

for private, voluntary and independent early years providers outside a maintained

school to be consulted.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  525

Clause  190,  page  110,  line  18,  at end insert—

‘( )
The Code of Practice on the provision of free nursery education places for three-

and four-year olds shall cease to apply in a local authority area until that local

authority has introduced a single funding formula for free of charge early years

provision.’.

Clause Agreed to.

Clause 191 Agreed to.

Schedule 13 Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  148

Clause  192,  page  110,  line  38,  leave out ‘the Secretary of State’ and insert ‘the

Office for Standards in Education’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not selected  390

Clause  192,  page  110,  line  41,  at end insert—

Public Bill Committee Proceedings: 26 March 2009
98

Apprenticeships, Skills, Children and Learning Bill, continued

‘(aa)
a local education authority in England maintains a disproportionate

number of schools that fail to enter any pupils for core academic

qualifications.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  1

Clause  192,  page  111,  line  10,  after ‘are’, insert ‘judged by Ofsted to be’.

Clause Agreed to.

Clause 193 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  426

Schedule  14,  page  218,  line  18,  leave out paragraph 4.

Schedule, as amended, Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  72

Clause  194,  page  111,  line  35,  at end insert—

‘(2A)
The Secretary of State shall issue guidance as to which of the powers and duties

of a head teacher shall be regarded as “prescribed functions” for the purposes of

subsection (2).’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Negatived on division  73

Clause  194,  page  111,  line  37,  at end insert—

‘(aa)
a decision relating to the disciplining of a pupil or any other matter

relating to pupil behaviour or the enforcement of the published rules of

the school;’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  74

Clause  194,  page  111,  line  37,  at end insert—

‘(aa)
a decision about whether to suspend or exclude permanently a pupil;’.

Public Bill Committee Proceedings: 26 March 2009
99

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  425

Clause  194,  page  112,  line  7,  at end insert—

‘(5A)
A person making a complaint under subsection (1) or, where the complainant is

a parent, a pupil who the complaint relates to, has the right not to be subjected to

any detriment by any act, or any deliberate failure to act, by the respondent on the

grounds of the complaint.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  149

Clause  194,  page  112,  line  13,  after ‘school,’, insert ‘an Academy’.

Clause Agreed to.

Mr David Laws

Stephen Williams

Annette Brooke

Negatived on division  2

Clause  195,  page  112,  line  46,  at end insert ‘or if the local Commissioner considers

the complaints to be vexatious or malicious’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  71

Clause  195,  page  112,  line  46,  at end insert—

‘(5A)
A Local Commissioner may in particular decide not to investigate a complaint

under this Chapter, or to discontinue an investigation if, in his opinion, the

complaint is vexatious.’.

Clause Agreed to.

Clauses 196 to 202 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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.

Public Bill Committee Proceedings: 26 March 2009
100

Apprenticeships, Skills, Children and Learning Bill, continued

( )
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).’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  535

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

Commission”)’.

Clause, as amended, Agreed to.

Clauses 205 to 207 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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

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

within the five years ending with the making of the

complaint; or

Public Bill Committee Proceedings: 26 March 2009
101

Apprenticeships, Skills, Children and Learning Bill, continued

(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.”’.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  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);’.

Clause, as amended, Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Negatived on division  79

Clause  210,  page  120,  line  28,  at end insert—

‘(2A)
The Chief Inspector may only make an interim statement about a school in

England that has provision for children with special educational needs if it has

been assessed by an inspector who has training and expertise in special

educational needs and has properly engaged with such pupils at that school.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  360

Clause  210,  page  120,  line  33,  at end insert—

‘(5)
This section applies if—

(a)
the quality of the education provided in the school for children with

special educational needs has been inspected by an appropriately

qualified person who has received training in inspecting provision for

children with special educational needs;

(b)
the quality of education provided in the school for children with special

educational needs is reported to be of at least equivalent quality to the

education provided in the school for all pupils.

(6)
The Secretary of State shall make regulations specifying how a person may be

considered to be appropriately qualified for the purposes of subsection (5)(a).’.

Public Bill Committee Proceedings: 26 March 2009
102

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Negatived on division  150

Clause  210,  page  121,  line  33,  after ‘school’, insert ‘and to the local education

authority.’.

Clause Agreed to.

Clauses 211 and 212 Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  377

Schedule  15,  page  221,  line  10,  at end insert—

    ‘(5)
The membership of the SSSNB shall include an equal number of persons

representing—

(a)
the interests of prescribed school support staff organisations, and

(b)
the interests of prescribed school support staff employer

organisations.’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Withdrawn  547

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

recognised to represent’.

Schedule Agreed to.

Clause 213 Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  372

Clause  214,  page  123,  line  25,  after ‘(a)’, insert ‘and to the desirability of

promoting school autonomy.’.

Clause Agreed to.