Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 5 April 2011

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Education Bill, continued

(3)	Written consent is not a defence if it is proved that any person interfered

unreasonably with the peace or comfort of the person giving the consent,

with intent to obtain it.”.’.

Practical teacher training

Kevin Brennan

Mr Iain Wright

NC6

To move the following Clause:—

‘The Secretary of State for Education will be under a duty to ensure all trainee

teachers have practical teacher training experience of inclusive education.’.

Focus of initial teacher training and continuing professional development on managing

student behaviour

Mr Graham Stuart

NC7

To move the following Clause:—

‘The Secretary of State must produce guidance outlining how approaches to

managing student behaviour can be incorporated into initial teacher training and

continuing professional development, especially at the secondary level.’.

Achievement for All Partnerships

Stella Creasy

NC8

To move the following Clause:—

‘(1)	The Secretary of State shall bring in regulations to establish Achievement for All

Partnerships, which shall have responsibility for designing and directing a whole-

family approach to the assessment of the needs of and delivery of services to

children with special educational needs and additional learning needs.

(2)	Regulations under subsection (1) shall require relevant persons to participate in

Achievement for All Partnerships.

(3)	“Relevant persons” for the purposes of this section include, but shall not be

limited to—

(a)	maintained schools;

(b)	academies;

(c)	the relevant local authority;

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(d)	relevant health services;

(e)	relevant learning and skills improvement services;

(f)	the relevant police force; and

(g)	relevant voluntary organisations.’.

Non-statutory guidance on religious education, and personal, social and health education

Kevin Brennan

Mr Iain Wright

NC9

To move the following Clause:—

‘The Secretary of State must continue to support and develop the QCDA work in

supporting and developing non-statutory programmes of study and attainment

targets for religious education, and personal, social and health education.’.

Duty to support statutory youth provision

Stella Creasy

Julie Hilling

NC10

To move the following Clause:—

‘(1)	The Secretary of State must make regulations with the purpose of ensuring that

all maintained schools and academies are required to support local authorities

where practicable in discharging their statutory duties under section 507B of the

Education Act 1996 (duty of local authority to secure access to educational and

recreational leisure-time activities).

(2)	Regulations under subsection (1) must include, but are not limited to—

(a)	the provision of school-based positive activities as defined in section

507B of the Education Act 1996,

(b)	the provision of support for extended schools services as set out in the

Education Act 2002,

(c)	discharging the duties of local authorities with regard to information,

advice and assistance for carers under section 12 of the Childcare Act

2006,

(d)	the provision of information regarding the positive activities available

within a locality,

(e)	the requirement to consult with parents and carers when providing

services as set out in Section 28(4) of the Education Act 2002, and

(f)	the provision of youth services by both the statutory and voluntary

sector.’.

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Education Bill, continued

Duty to Participate in Health and Wellbeing Boards

Kevin Brennan

Mr Iain Wright

NC11

To move the following Clause:—

‘The Secretary of State shall require by order maintained schools, Academies and

FE institutions to—

(a)	be represented on Health and Wellbeing Boards established under

section 178 (Establishment of Health and Wellbeing Boards), of the

Health and Social Care Act 2011; and

(b)	participate in integrated working in the provision on health and social

care services under section 179 (Duty to encourage integrated working)

of the Health and Social Care Act 2011.’.’.

Obligation of contracting public bodies in relation to apprenticeships

Catherine McKinnell

Kevin Brennan

Mr Iain Wright

NC12

To move the following Clause:—

‘(1)	ASCLA 2009 is amended as follows.

(2)	In Part 1 of ASCLA 2009 (Apprenticeships, study and training) after section 37

insert—

“37A	Apprenticeships requirements

(1)	When a public authority (“an authority”) prepares to issue a relevant

contract the authority must—

(a)	give due consideration to the relevant OGC guidelines, and

(b)	ensure that the provisions in the OGC guidelines relating to

apprenticeships and skills training are reflected in that contract,

where relevant.

(2)	An authority issuing a contract under subsection (1)—

(a)	may require that a minimum proportion of the apprentices

employed by the contractor are advanced apprentices, and

(b)	may include provisions relating to Apprenticeship Training

Agencies in that contract.

37B	Provision of skills training

(1)	A relevant contract must require the contractor to make continuous skills

training available to all members of the workforce. This training must

consist of—

(a)	a nationally accredited scheme, and

(b)	a total equivalent to not less than one hour of training each week

to every member of the workforce for the lifetime of the contract.

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(2)	A relevant contract must provide that the total value of the skills training

to be provided under subsection (1) is a minimum of 1% of the total value

of the contract.

37C	Advertisement of workforce vacancies

A relevant contract must require the contractor to—

(a)	advertise all vacancies for members of the workforce in all job

centres in the local authority area in which the main site relating

to the relevant contract is situated, and in all job centres in

neighbouring local authority areas, and

(b)	include in these advertisements details of the training on offer.”.

(3)	In section 39 of ASCLA 2009 insert—

“advanced apprentice” is a person studying under the Government

arrangements known as Advanced Apprenticeships;

“public authority” means any body or person discharging functions of a

public nature, including local authorities;

“relevant contract” means a contract which—

(a)	exceeds a total value of £1 million, and

(b)	is issued by a public authority;

“relevant OGC guidelines” include guidance issued by the Office of

Government Commerce, Promoting skills through public procurement

2009;

“workforce” means—

(a)	full-time employees,

(b)	part-time employees,

(c)	casual workers,

(d)	directly employed workers, and

(e)	sub-contracted workers.’.

Emergency life support skills

Julie Hilling

Mr Iain Wright

NC13

To move the following Clause:—

‘	Emergency life support skills and the national curriculm for England

(1)	Section 84 of EA 2002 (curriculum requirements for first, second and

third key stages) is amened as follows.

(2)	In subsection (3)(h)—

(a)	in paragraph (i), omit “and”

(b)	after paragraph (ii) insert “, and

(iii)

emergency life support skills”.

(3)	In subsection (4), at end insert “, and

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“emergency life support skills” means skills which enable the individual

who has them to assist in keeping another individual alive in an

emergency.’.

Annual reports on student finance

Kevin Brennan

Mr Iain Wright

NC14

To move the following Clause:—

‘(1)	For each academic year the Secretary of State must prepare and publish a report

containing information on the impact on public finances of the financial support

given to students under section 22 of THEA 1998.

(2)	The report must include information relating to the cost of student loans to

persons—

(a)	considering undertaking a full-time or part-time higher education course;

and

(b)	currently undertaking a higher education course;

the life-time cost on persons who have completed a higher education

course and taken out a student loan.

(3)	The first report under this section must relate to the academic year beginning 1

August 2011.

(4)	The Secretary of State must lay before Parliament a copy of each report under this

section.

(5)	In this section “academic year” means a period of 12 months beginning on 1

August.’.

NEW SCHEDULE

Mr Nick Gibb

NS1

To move the following Schedule:—

‘Offence of breach of reporting restrictions: application to providers of

information society services

After Schedule 11A to EA 2002 (inserted by section 8), insert—

“Schedule 11B

Offence under section 141G: supplementary provisions

Introduction

1    (1)

This Schedule makes supplementary provision relating to an

offence under section 141G (breach of reporting restrictions

relating to alleged offences committed by teachers).

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(2)	The purpose of this Schedule is to comply with Directive 2000/31/

EC of the European Parliament and of the Council of 8 June 2000

on certain legal aspects of information society services, in particular

electronic commerce, in the Internal Market (“the E-Commerce

Directive”).

Domestic service providers: extension of liability

2    (1)

This paragraph applies where a service provider is established in

England and Wales (a “domestic service provider”).

(2)	Section 141G applies to a domestic service provider who—

(a)	publishes information in breach of section 141F(3) in an

EEA state other than the United Kingdom, and

(b)	does so in the course of providing information society

services,

as it applies to a person who publishes such information in England

and Wales.

(3)	In such a case—

(a)	proceedings for the offence may be taken at any place in

England and Wales, and

(b)	the offence may for all incidental purposes be treated as

having been committed at any such place.

Non-UK service providers: restriction on proceedings

3    (1)

This paragraph applies where a service provider is established in an

EEA state other than the United Kingdom (a “non-UK service

provider”).

(2)	Proceedings for an offence under section 141G must not be brought

against a non-UK service provider in respect of anything done in

the course of the provision of information society services.

Exceptions for mere conduits

4    (1)

A service provider is not guilty of an offence under section 141G in

respect of anything done in the course of providing so much of an

information society service as consists in—

(a)	the provision of access to a communication network, or

(b)	the transmission in a communication network of

information provided by a recipient of the service,

if the following condition is satisfied.

(2)	The condition is that the service provider does not—

(a)	initiate the transmission,

(b)	select the recipient of the transmission, or

(c)	select or modify the information contained in the

transmission.

(3)	For the purposes of sub-paragraph (1)—

(a)	the provision of access to a communication network, and

(b)	the transmission of information in a communication

network,

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Education Bill, continued

includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the

purpose of carrying out the transmission in the network.

(4)	Sub-paragraph (3) does not apply if the information is stored for

longer than is reasonably necessary for the transmission.

Exception for caching

5    (1)

This paragraph applies where an information society service

consists in the transmission in a communication network of

information provided by a recipient of the service.

(2)	The service provider is not guilty of an offence under section 141G

in respect of the automatic, intermediate and temporary storage of

information so provided, if—

(a)	the storage of the information is solely for the purpose of

making more efficient the onward transmission of the

information to other recipients of the service at their

request, and

(b)	the following conditions are satisfied.

(3)	The first condition is that the service provider does not modify the

information.

(4)	The second condition is that the service provider complies with any

conditions attached to having access to the information.

(5)	The third condition is that if the service provider obtains actual

knowledge that—

(a)	the information at the initial source of the transmission has

been removed from the network,

(b)	access to it has been disabled, or

(c)	a court or administrative authority has ordered the removal

from the network of, or the disablement of access to, the

information.

the service provider expeditiously removes the information or

disables access to it.

Exception for hosting

6    (1)

A service provider is not guilty of an offence under section 141G in

respect of anything done in the course of providing so much of an

information society service as consists in the storage of information

provided by a recipient of the service, if the condition is met.

(2)	The condition is that—

(a)	the service provider had no actual knowledge when the

information was provided that it contained offending

material, or

(b)	on obtaining actual knowledge that the information

contained offending material, the service provider

expeditiously removed the information or disabled access

to it.

(3)	“Offending material” means material the publication of which

constitutes an offence under section 141G.

© Parliamentary copyright	Revised 5 April 2011