Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 8 March 2011

37

Education Bill, continued

New Clauses

Language comprehension

Graham Stuart

NC1

To move the following Clause:—

‘The Secretary of State must promote language comprehension as well as word

recognition and phonics skills throughout the infant curriculum.’.

Collection of data on serious incidents in schools

Graham Stuart

NC2

To move the following Clause:—

‘The Secretary of State must annually collect and publish data from a

representative sample of schools on the number of serious incidents of

misbehaviour in schools, including those which do not result in fixed-term or

permanent exclusion.’.

Further education institutions access to information

Mr Graham Stuart

NC3

To move the following Clause:—

‘(1)	This subsection applies to information held for the purposes of functions relating

to tax credits—

(a)	by the Commissioners for Her Majesty’s Revenue and Customs, or

(b)	by a person providing services to them, in connection with the provision

of those services.

(2)	This subsection applies to information held for the purposes of functions relating

to social security—

(a)	by the Secretary of State, or

(b)	by a person providing services to the Secretary of State in connection

with the provision of those services.

(3)	Information to which subsection (1) or (2) applies may be supplied to the

Secretary of State, or a person providing services to the Secretary of State, for use

for the purpose of determining eligibility for student support funds.

(4)	Information to which subsection (2) applies may be supplied to an English local

authority for use for that purpose.

(5)	Information received by virtue of subsection (3) may be supplied—

Public Bill Committee: 8 March 2011

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Education Bill, continued

(a)	to another person to whom it could have been supplied under that

subsection, or

(b)	to an English local authority, for use for that purpose,

(c)	directly to a further education institution.

(6)	The references in subsections (4) and (5)(b) to an English local authority include

references to a person exercising on behalf of an English local authority functions

relating to eligibility for student support funds.

(7)	This section does not limit the circumstances in which information may be

supplied apart from this section.’.

Further education lecturers in schools

Mr Graham Stuart

NC4

To move the following Clause:—

‘The Secretary of State must change the regulations so that qualified Further

Education lecturers can teach in schools.’.

Restrictions on reporting alleged offences by Further Education lecturers

Mr Graham Stuart

NC5

To move the following Clause:—

‘In Part 8 of EA 2002 (teachers), after section 136 insert—

“Allegations of offences committed by teachers in further education institutions in

England and Wales: reporting restrictions

136A	Restrictions on reporting alleged offences by teachers in further

education institutions

(1)	This section applies where a person who is employed or engaged as a

teacher at a further education institution is the subject of an allegation

falling within subsection (2).

(2)	An allegation falls within this subsection if—

(a)	it is an allegation that the person is guilty of a relevant criminal

offence and

(b)	it is made by or on behalf of a registered student aged 17 or under

at the institution.

(3)	No matter relating to the person is to be included in any publication if it

is likely to lead members of the public to identify the person as the

teacher who is the subject of the allegation.

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Education Bill, continued

(4)	Any person may make an application to an appropriate criminal court for

an order dispensing with the restrictions imposed by subsection (3).

(5)	The court may make an order dispensing with the restrictions, to the

extent specified in the order, if it is satisfied that it is in the interests of

justice to do so, having regard to the welfare of the person who is the

subject of the allegation.

(6)	The power under subsection (5) of a magistrates’ court may be exercised

by a single justice.

(7)	In the case of a decision of a magistrates’ court to make or refuse to make

an order under subsection (5), a person mentioned in subsection (8) may,

in accordance with Criminal Procedure Rules—

(a)	appeal to the Crown Court against the decision, or

(b)	appear or be represented at the hearing of such an appeal.

(8)	The persons referred to in subsection (7) are—

(a)	a person who was a party to the proceedings on the application

for the order;

(b)	any other person with the leave of the Crown Court.

(9)	On an appeal under subsection (7), the Crown Court may—

(a)	make such an order as is necessary to give effect to its

determination of the appeal, and

(b)	make such incidental or consequential orders as appear to it to be

just.

(10)	The restrictions in subsection (3) cease to apply once there are

proceedings in a court in respect of the offence.

(11)	In this section—

“appropriate criminal court” means any court in England or Wales which

has any jurisdiction in, or in relation to, any criminal proceedings.

“publication” includes any speech, writing, relevant programme or other

communication in whatever form, which is addressed to the public at

large or any section of the public (and for this purpose, every relevant

programme shall be taken to be so addressed), but does not include an

indictment or other document prepared for use in particular legal

proceedings;

“relevant criminal offence”, in relation to a person employed or engaged as

a teacher or lecturer at a further education institution, means an offence

against the law of England and Wales where the victim of the offence is

a registered student at the institution;

“relevant programme” means a programme included in a programme

service, within the meaning of the Broadcasting Act 1990.

“further education institution” means an institution within the further

education sector (within the meaning given by section 91(3)(a) to (c) of

the Further and Higher Education Act 1992).

136B	Offence of breach of reporting restrictions

(1)	This section applies if a publication includes any matter in breach of

section 136A(3).

Public Bill Committee: 8 March 2011

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Education Bill, continued

(2)	Where the publication is a newspaper or periodical, any proprietor, any

editor and any publisher of the newspaper or periodical is guilty of an

offence.

(3)	Where the publication is a programme included in a programme service

(within the meaning of the Broadcasting Act 1990), the following are

guilty of an offence—

(a)	anybody corporate engaged in providing the programme service

in which the programme is included, and

(b)	any person having functions in relation to the programme

corresponding to those of an editor of a newspaper.

(4)	In the case of any other publication, any person publishing it is guilty of

an offence.

(5)	A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(6)	If an offence committed by a body corporate is proved—

(a)	to have been committed with the consent or connivance of, or

(b)	to be attributable to any neglect on the part of, an officer, the

officer as well as the body corporate is guilty of the offence and

liable to be proceeded against and punished accordingly.

(7)	In subsection (6) “officer” means a director, manager, secretary or other

similar officer of the body, or a person purporting to act in any such

capacity.

(8)	If the affairs of a body corporate are managed by its members, “director”

in subsection (7) means a member of that body.

136C

Defences

(1)	Where a person is charged with an offence under section 136B, it is a

defence for the person to prove any of the matters mentioned in

subsection (2).

(2)	The matters are—

(a)	that, at the time of the alleged offence, the person was not away,

and neither suspected nor had reason to suspect, that the

publications included the matter in question;

(b)	that, at the time of the alleged offence, the person was not aware,

and neither suspected nor had reason to suspect, the allegation in

question had been made;

(c)	that the person who is the subject of the allegation had given

written consent to the inclusion of the matter in question in the

publication.

(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.”.’.

Public Bill Committee: 8 March 2011

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Education Bill, continued

Order of the House [8 February 2011]

That the following provisions shall apply to the Education Bill—

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5 April 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [1 March 2011]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

1 March) meet—

(a)	at 4.00 pm on Tuesday 1 March;

(b)	at 9.00 am and 1.00 pm on Thursday 3 March;

(c)	at 10.30 am and 4.00 pm on Tuesday 8 March;

(d)	at 9.00 am and 1.00 pm on Thursday 10 March;

(e)	at 10.30 am and 4.00 pm on Tuesday 15 March;

(f)	at 9.00 am and 1.00 pm on Thursday 17 March;

(g)	at 10.30 am and 4.00 pm on Tuesday 22 March;

(h)	at 9.00 am and 1.00 pm on Thursday 24 March;

(i)	at 10.30 am and 4.00 pm on Tuesday 29 March;

(j)	at 9.00 am and 1.00 pm on Thursday 31 March;

(k)	at 10.30 am and 4.00 pm on Tuesday 5 April.

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 8 March 2011

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Education Bill, continued

TABLE

	Date	Time	Witness
	Tuesday	Until no later than	Independent Academies Association;
	1 March	11.45 am	Harris Federation; Cuckoo Hall
			Primary School; Richard Rose Federation
			of Academies
		Until no later than	Association of Schools and College Leaders;
		12.15 pm	NAHT
		Until no later than	Local Government Association; Assocation
		1.00 pm	of Directors of Children’s Services; David
			Smellie (employment lawyer)
	Tuesday	Until no later than	Mossbourne Community Academy; Burlington
	1 March	5.00 pm	Danes Academy; Sir Alan Steer (author of
			Steer report 2010: behaviour and the role of
			home-school agreements); Beaumont Leys
			School; National Governors’ Association
		Until no later than	Assocation of Teachers and Lecturers;
		6.00 pm	NASUWT; National Union of Teachers;
			Unison
		Until no later than	Ofsted
		6.20 pm
		Until no later than	Ofqual
		6.50 pm
		Until no later than	National Children’s Bureau; Special Education
		7.30 pm	Consortium; Children’s Commissioner for
			England
	Thursday	Until no later than	Association of Learning Providers; 157 Group;
	3 March	10.00 am	Sixth Form Colleges’ Forum; Association of
			Colleges; Sir Mike Tomlinson (author of
			Tomlinson Inquiry, former chief inspector of
			schools and chief advisor for London schools)
		Until no later than	Young People’s Learning Agency
		10.25 am
	Thursday	Until no later than	Universities UK and 1994 Group; Million+
	3 March	1.30 pm
		Until no later than	University Alliance; National Union of
		2.30 pm	Students
		Until no later than	Birkbeck College, University of London; Open
		3.15 pm	University; New College Durham
		Until no later than	Construction Skills; UK Commission for
		3.45 pm	Employment and Skills

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 11; Schedule 2;

Public Bill Committee: 8 March 2011

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Education Bill, continued

Clause 12; Schedule 3; Clauses 13 to 16; Schedule 4; Clause 17; Schedule 5;

Clauses 18 to 21; Schedule 6; Clauses 22 to 24; Schedule 7; Clause 25;

Schedule 8; Clauses 26 to 34; Schedule 9; Clauses 35 and 36; Schedule 10;

Clauses 37 to 48; Schedule 11; Clauses 49 to 52; Schedule 12; Clauses 53 to

59; Schedule 13; Clauses 60 and 61; Schedule 14; Clauses 62 and 63;

Schedule 15; Clause 64; Schedule 16; Clause 65; Schedule 17; Clauses 66 to

79; new Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the procedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 pm on Tuesday 5 April.

© Parliamentary copyright	Revised 8 March 2011