House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 5 April 2011
62

Education Bill, continued

“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—

(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

Public Bill Committee Proceedings: 5 April 2011
63

Education Bill, continued

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.

(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;

Public Bill Committee Proceedings: 5 April 2011
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Education Bill, continued

(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

Not called  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

Not moved  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

Not called  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.

Public Bill Committee Proceedings: 5 April 2011
65

Education Bill, continued

(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

Negatived  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

Not called  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,

Public Bill Committee Proceedings: 5 April 2011
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Education Bill, continued

(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

Not called  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

Negatived  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.



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