Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 15 March 2011

74

Education Bill, continued

Kevin Brennan

Mr Iain Wright

56

Clause  9,  page  15,  line  16,  after ‘school’, insert ‘including an Academy’.

Kevin Brennan

Mr Iain Wright

54

Clause  9,  page  16,  line  24,  at end insert—

‘(2A)

On the first, and subsequent, use of the power to set standards against which a

person is to be judged as having completed an induction period, the Secretary of

State must lay the draft standards, or a draft revision of the standards, before

Parliament and the standards will not come into effect until an affirmative

resolution on whether the standards are implemented has been achieved in each

House of Parliament.’.

Kevin Brennan

Mr Iain Wright

55

Clause  9,  page  16,  leave out lines 35 to 40 and insert—

‘“the appropriate body” shall be the local authority for the area in which the

school is situated;’.

Kevin Brennan

Mr Iain Wright

57

Clause  10,  page  19,  line  9,  leave out ‘section 141B of EA 2002’ and insert

‘schedule 2 to the THEA 1998’.

Kevin Brennan

Mr Iain Wright

58

Schedule  2,  page  63,  line  31,  at end insert—

‘(2A)

The Secretary of State shall consult associations of teachers, higher education

institutions providing courses which may form part of the award of qualified

teacher status, and associations of local authorities before making regulations

under this section which make provision by reference to—

(a)	the content of a course or programme, or

(b)	the standard of education or training provided through a course or

programme.’.

Public Bill Committee: 15 March 2011

75

Education Bill, continued

Kevin Brennan

Mr Iain Wright

59

Schedule  2,  page  63,  leave out lines 32 to 38.

Kevin Brennan

Mr Iain Wright

60

Schedule  3,  page  65,  line  42,  after ‘State’, insert ‘or a charity’.

Kevin Brennan

Mr Iain Wright

61

Clause  13,  page  20,  line  27,  at end insert—

‘(2)	The Secretary of State may by order amend this section to include all staff, or a

description of staff, working in schools and institutions of further education.’.

Mr Nick Gibb

82

Clause  13,  page  21,  line  24,  at end insert—

‘(9)	Schedule 11B contains supplementary provision relating to an offence under

this section.’.

Kevin Brennan

Mr Iain Wright

62

Clause  14,  page  22,  line  3,  at beginning insert ‘Subject to subsection (2),’.

Kevin Brennan

Mr Iain Wright

63

Clause  14,  page  22,  line  4,  at end insert—

‘(2)	Before the Secretary of State exercises the power to commence this section under

section 78, he must lay before Parliament a report which sets out arrangements to

maintain the standards of entry to initial teacher education, and the promotion of

teaching as a career.’.

Mr Graham Stuart

75

Clause  27,  page  27,  line  24,  at end insert—

Public Bill Committee: 15 March 2011

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Education Bill, continued

‘(d)	an academy.’.

Mr Graham Stuart

77

Page  38,  line  41,  leave out Clause 44.

Mr Graham Stuart

65

Clause  65,  page  52,  leave out lines 6 to 16.

Mr Graham Stuart

78

Clause  66,  page  53,  line  7,  at end insert—

‘(5)	The guidance or directions given by the Secretary of State to the person

designated under this section to issue apprenticeship certificates must include

measures to ensure the timely delivery of certificates, a competitive

apprenticeship market and a process to appeal decisions of the chosen body.’.

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:—

Public Bill Committee: 15 March 2011

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Education Bill, continued

‘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—

(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:—

Public Bill Committee: 15 March 2011

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Education Bill, continued

‘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.

(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—

Public Bill Committee: 15 March 2011

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Education Bill, continued

(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).

(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.

Public Bill Committee: 15 March 2011

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Education Bill, continued

(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.”.’.

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).

(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”).

© Parliamentary copyright	Revised 15 March 2011