Sarah
McCarthy-Fry: The effect of the hon.
Gentleman’s amendment would be to extend the remit of the QCDA
beyond that of its predecessor, the QCA, to include matters relating to
curriculum and assessment arrangements in academies. As hon. Members
know, academies differ from other state-funded schools in their
regulatory framework through funding agreements rather than
legislation, which brings with it the freedom to adopt innovative
approaches to raising standards. Academies also differ because of the
involvement of independent sponsors. Those differences are fundamental
to the academies programme and must be preserved. The autonomy of
academies has been a key feature of their success, and we know that
academy principals and sponsors take seriously any proposals that could
lead to the erosion of their independence.
Mr.
Laws: Will the Minister explain why the freedoms to
innovate in relation to the curriculum, which I welcome, are denied to
other maintained schools—including high-performing maintained
schools?
Sarah
McCarthy-Fry: The reason is that, in general, academies
are in areas that have had significant difficulties and are deprived.
Those freedoms should operate in that way to enable children who are
not reaching the required standards to do
so.
Mr.
Laws: Perhaps I will try another approach. Would she
consider giving those same freedoms to other schools in challenging
areas with poor results that have good
leadership?
Sarah
McCarthy-Fry: A feature of our policy is that we have a
range of different methods by which we are improving education
throughout the country. Academies are just one way of doing that and we
are committed to extending our academies programme. However, we are not
saying that we should have academies across the entire school
estate. Our
general policy has been to avoid placing requirements on academies
through legislation unless academy involvement has been essential to
make the proposed arrangements work properly. We will be coming to
clauses later that relate to that. In the case of the children’s
trust, academies should be given the opportunity to represent the
interests of their
pupils. 6.15
pm Academies
are required to teach a broad and balanced curriculum and to teach the
programmes of study in the core subjects of the national curriculum.
Beyond those requirements, we are keen to allow them the freedom to
develop a curriculum that is driven by the needs of their pupils in the
circumstances in which their pupils find themselves. We do not believe
that it will help academies, which generally speaking are our schools
facing the most challenging circumstances, to impose a greater
curriculum and assessment requirement on
them.
Mr.
Laws: It may not surprise hon. Members to hear that I
found the Minister’s response totally and utterly unconvincing.
It is completely dotty to deny to high-performing maintained schools
the freedoms that academies enjoy over the curriculum. What possible
reason can there be for denying the top maintained schools the freedoms
to innovate in the curriculum when we give them to some of the most
challenging schools throughout the country, many of which are listed
among the national challenge schools, and some of which have weak
leadership and cause great concern to the Department? At least there
would be some consistency and rationality in Government policy if those
freedoms to innovate, which the Government appear to argue are
important to enabling schools in challenging circumstances to do
better, were extended to other schools in challenging circumstances
which do not happen to be academies.
For example,
the Phoenix school in west London has one of the most challenging
intakes anywhere in the country, was one of the most poorly performing
maintained schools 10 or 15 years ago, was very nearly closed, and had
police officers in and out every day because of disorder problems, and
huge numbers of supply and temporary teachers because of other
problems. How can it be right to extend curricular freedoms to
academies in such challenging circumstances but not to maintained
schools in the same circumstances?
Such
curricular freedoms should be available to all schools, perhaps
excepting those that are in special measures or have particular
deficiencies in leadership. However, there is no justification whatever
for the policy that the Minister has just set out, and there is no
coherent reason for the Government’s position, which is entirely
arbitrary and unjustifiable. If those powers to innovate in the
curriculum really are as important as the Minister implied by the fact
that they have been given only to academies in such circumstances,
surely they should be available to all schools.
I did not
suggest, as the Minister also implied, that academies be rolled out
throughout the entire school estate; all I suggested was that the
powers to innovate in the curriculum be available consistently to every
single school. She should be embarrassed to come to this place and put
before the Committee views that have such weak grounding in any
argument and on any statistical basis. Although we do not wish to
extend onerous responsibilities to every school in the country, the
only way in which we can signal our dissatisfaction with the lack of
logic in the Government’s policy is to ask for a Division on
amendment 147.
Question
put, That the amendment be
made. The
Committee divided: Ayes 2, Noes
12.
Division
No.
36]
Question
accordingly
negatived. Clause
182 ordered to stand part of the
Bill. Clause
165 and 183 ordered to stand part of the
Bill.
Schedule
12Ofqual
and the QCDA: minor and consequential
amendments
Sarah
McCarthy-Fry: I beg to move amendment 501, in
schedule 12, page 202, line 7, at
end insert— ‘Local
Authorities (Goods and Services) Act 1970
(c. 39) (1) Subject
to sub-paragraph (2), in the Local Authorities (Goods and Services) Act
1970 (supply of goods and services by local authorities to public
bodies) “public body” includes the Qualifications and
Curriculum Development
Agency. (2) The provision in
sub-paragraph (1) has effect as if made by an order made by the
Secretary of State under section 1(5) of that Act (power to provide
that a person is to be a public body for the purposes of the Act) and
accordingly may be varied or revoked by such an
order.’. This amendment provides
that the QCDA is to be a public body for the purposes of the 1970 Act.
It replaces a similar provision for the Qualifications and Curriculum
Authority in the Education Act 1997 (which is repeated by amendment
514).
The
Chairman: With this it will be convenient to discuss
Government amendments 502, 513 to 517 and
496.
Sarah
McCarthy-Fry: Amendments 501, 502 and 513 to 516 will
update other statutes to reflect the renaming of the QCA and the
setting up of Ofqual. In amendment 502 on the provision of information
by maintained schools in relation to qualifications, there is a further
change to align the provisions with Government policy on the public
funding of qualifications for under-19s. Amendment 517 will repeal
provisions in the Education Act 2002, which is consequential on the
repeal by this Bill of provisions of the Education Act 1997 relating to
the QCA. Amendment 496 is consequent on amendment 502 and will allow
Welsh Ministers to commence the amendment to section 408(2)(e) of the
Education Act 1996 in relation to Wales on an appointed day. I hope
that hon. Members will agree to the
amendments. Amendment
501 agreed
to. Amendments
made: 502, in schedule 12, page 202,
line 38, at end
insert— ‘Education Act
1996 (c. 56) 7A The
Education Act 1996 is amended as
follows. 7B In section 391(10)
(functions of advisory councils) in paragraph (a) for
“Qualifications and Curriculum Authority” substitute
“Qualifications and Curriculum Development
Agency”. 7C (1) Section
408 (provision of information) is amended as
follows. (2) In subsection
(1)(a) after “2002” insert “or the provisions of
Parts 7 and 8 of the Apprenticeships, Skills, Children and Learning Act
2009”. (3) In subsection
(2)(e)— (a) for
“external” substitute
“relevant”; (b)
after “2000)” insert “which are approved under
section 98 or 99 of that
Act”.’. This amendment
makes changes to the Education Act 1996 in consequence of the
provisions in the Bill about the QCDA and the amendments to the
Learning and Skills Act 200/ It also limits the duty under section 408
to those qualifications that have been approved for public
funding.
503, in
schedule 12, page 203, leave out lines 39
to 44 and insert— ‘(g) in
respect of relevant qualifications which are subject to that
requirement, to develop and publish criteria for the accreditation of
particular forms of any such
qualifications; (h) where a
relevant qualification is subject to that requirement, to accredit a
particular form of the qualification which meets such criteria and is
submitted for accreditation by a person recognised under paragraph (e)
in respect of the qualification;’.—(Sarah
McCarthy-Fry.) This amendment
provides for the Welsh Ministers to develop criteria for the
accreditations of, and to accredit, different forms of a qualification
in respect of which the Welsh Ministers have made a determination under
section 30(1)(f) of the Education Act 1997 (as inserted by the
Bill).
Sarah
McCarthy-Fry: I beg to move amendment 504, in
schedule 12, page 204, line 16, leave
out ‘section’ and insert
‘Chapter’. This
amendment is consequential on amendment
507.
The
Chairman: With this it will be convenient to discuss
Government amendments 507, 510 and 511.
Sarah
McCarthy-Fry: The amendments are designed to ensure that
there is a consistent approach to qualification regulation and
development across England, Wales and Northern Ireland, which allows
each country to ensure its interests and those of the learner are
appropriately safeguarded while retaining the three country
qualifications framework. I hope that the Committee will agree to the
amendments.
Mr.
Laws: I think that we are dealing with amendment 510 in
this group. I know that you will correct me if I am wrong,
Mr. Chope. Will the Minister explain why the provision that
will be removed by amendment 510 is
unnecessary?
Sarah
McCarthy-Fry: The provision is unnecessary because all
decisions made in the name of Welsh Ministers are treated as being
decisions by
them. Amendment
504 agreed
to. Amendments
made: 505, in schedule 12, page 204,
line 25, leave out ‘or will’ and
insert ‘, will be or may reasonably be
expected to’. See Member’s
explanatory statement for amendment
436. Amendment
506, in
schedule 12, page 204, line 27, leave
out ‘32B’ and insert
‘32C’. This amendment is consequent
on amendment
512. Amendment
507, in
schedule 12, page 205, line 19, at
end insert— ‘After section
32 insert— “32ZA
Qualifications functions of Welsh Ministers: co-operation and joint
working etc. (1) The Welsh
Ministers may co-operate or work jointly with a relevant authority
where it is appropriate to do so in connection with the carrying out of
any of their qualifications
functions. (2) The Welsh
Ministers may provide information to a relevant authority for the
purpose of enabling or facilitating the carrying out of a relevant
function of the authority. (3)
Subject to subsection (4), the Welsh Ministers and any other relevant
authority may establish a committee jointly, and any committee so
established may establish
sub-committees.
(4) The Welsh Ministers may only exercise the power
in subsection (3) if they consider it appropriate to do so for the
purpose of the carrying out of any of their qualifications
functions. (5) In this section
a committee established under subsection (3) is referred to as a
“joint committee” and a sub-committee established under
that subsection is referred to as a “joint
sub-committee”. (6) A
joint committee and a joint sub-committee must include at least one
member of staff of the Welsh Assembly
Government. (7) A joint
committee may
regulate— (a) its own
procedure (including quorum),
and (b) the procedure
(including quorum) of any sub-committee established by
it. (8) The validity of
proceedings of a joint committee or a joint sub-committee is not
affected by— (a) a
vacancy, or (b) a defective
appointment. (9) The Welsh
Ministers may delegate any of their qualifications functions to a joint
committee to the extent and on the terms that they
determine. (10) A joint
committee may delegate any of its functions to a sub-committee
established by it to the extent and on the terms that the joint
committee determines. (11) The
powers of a joint committee under subsection (10) are subject to the
power of the Welsh Ministers and any other person with whom they
established the joint committee to direct (acting jointly) what the
committee may and may not
do. (12) Nothing in subsection
(2)— (a) affects any
power to disclose information that exists apart from that subsection,
or (b) authorises the
disclosure of information in contravention of any provision made by or
under any Act which prevents disclosure of the
information. (13) In this
section— “qualifications
functions” means functions in connection with relevant
qualifications; “relevant
authority” means any person who carries out a function (whether
or not in the United Kingdom) which is similar to any of the
qualifications functions of the Welsh
Ministers; “relevant
function” means a function which is similar to any of the
qualifications functions of the Welsh
Ministers.”’. This new
section for the Education Act 1997 allows the Welsh Ministers to
co-operation, work jointly and form joint committees with other
relevant authorities whose functions are similar to any of the
qualifications functions of the Welsh Ministers (for example,
Ofqual). Amendment
508, in
schedule 12, page 205, line 26, leave
out ‘section 32B’ and insert ‘sections 32B and
32C’. This amendment is consequent on
amendment
512. Amendment
509, in
schedule 12, page 205, line 42, at
end insert ‘awarded or authenticated by the
person’. This is a technical amendment. See
Member’s explanatory statement for amendment
482. Amendment
511, in
schedule 12, page 206, line 38, leave
out ‘that decision’ and insert ‘the decision on
review’. This amendment is consequent on
amendment
510. Amendment
512, in
schedule 12, page 206, line 39, at
end insert— ‘32C Surrender
of recognition (1) A recognised
person may give notice to the Welsh Ministers that the person wishes to
cease to be recognised in respect of the award or authentication of a
specified qualification or description of
qualification.
(2) As soon as reasonably practicable after receipt
of a notice under subsection (1) the Welsh Ministers must give notice
to the recognised person of the date on which the person is to cease to
be recognised in the respect in question (“the surrender
date”). (3) In deciding
the surrender date the Welsh Ministers must have regard to the need to
avoid prejudicing persons who are seeking, or might reasonably be
expected to seek, to obtain the qualification, or a qualification of
the description, specified in the notice under
subsection (1). (4) The
Welsh Ministers may make saving or transitional provision in connection
with a recognised person ceasing to be recognised in any respect by
virtue of this
section.”’. This
amendment allows a recognised person to surrender recognition by giving
notice to the Welsh Ministers. The Welsh Ministers have the power to
decide the date on which the surrender takes effect (acting in
accordance with the requirements of subsections (2) and (3) and may
make saving or transitional
provision. Amendment
513, in
schedule 12, page 206, line 39, at
end insert— ‘In section
35(1) (transfer of staff) at the end insert “, known instead as
the Qualifications and Curriculum Development Agency from the day on
which section 166 of the Apprenticeships, Skills, Children and Learning
Act 2009 comes into
force”.’. This amendment
makes a change to section 35 of the Education Act 1997 (which made
provision for the transfer of staff to the Qualifications and
Curriculum Authority (QCA) when it was established) to reflect the
QCA’s change of
name. Amendment
514, in
schedule 12, page 207, line 6, at
end insert— ‘In Schedule 7
(minor and consequential amendments) omit paragraph
2.’. See Member’s
explanatory statement for amendment
501. Amendment
515, in
schedule 12, page 212, line 13, at
end insert— ‘Safeguarding
Vulnerable Groups Act 2006
(c. 47) In section
21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled
activity relating to children) in paragraph (d) for
“Qualifications and Curriculum Authority” substitute
“Qualifications and Curriculum Development
Agency”.’.—(Sarah
McCarthy-Fry.) This amendment
changes the reference to the Qualifications and Curriculum Authority
(QCA) in the Safeguarding Vulnerable Groups Act 2006 to reflect the
QCA’s new
name. Schedule
12, as amended, agreed
to.
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