Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 22 March 2011                  

127

 

Education Bill, continued

 
 

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: 22 March 2011                  

128

 

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: 22 March 2011                  

129

 

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: 22 March 2011                  

130

 

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.”.’.

 


 

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:—


 
 

Public Bill Committee: 22 March 2011                  

131

 

Education Bill, continued

 
 

‘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;

 

(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

 

Parliamentary Star    

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.’.

 



 
 

Public Bill Committee: 22 March 2011                  

132

 

Education Bill, continued

 
 

Duty to support statutory youth provision

 

Stella Creasy

 

Julie Hilling

 

NC10

 

Parliamentary Star    

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.’.

 


 

Duty to Participate in Health and Wellbeing Boards

 

Kevin Brennan

 

Mr Iain Wright

 

NC11

 

Parliamentary Star    

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.’.’.

 



 
 

Public Bill Committee: 22 March 2011                  

133

 

Education Bill, continued

 
 

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”).

 

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.


 
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