Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 5 April 2011                     

253

 

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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Education Bill, continued

 
 

(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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Education Bill, continued

 
 

(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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Education Bill, continued

 
 

    

“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.


 
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Revised 5 April 2011