House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 5 April 2011
67

Education Bill, continued

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.

(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

Negatived  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.

Public Bill Committee Proceedings: 5 April 2011
68

Education Bill, continued

(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


“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

Not called  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

Agreed to  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—

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

“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.

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—

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

(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,


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—

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

(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.

      (4)
This paragraph does not apply if the recipient of the service is acting

under the authority or control of the service provider.

Interpretation

7    (1)
In this Schedule—

“information society services”—

(a)
has the meaning given in Article 2(a) of the E-Commerce

Directive (which refers to Article 1(2) of Directive 98/34/EC of

the European Parliament and of the Council of 22 June 1998

laying down a procedure for the provision of information in the

field of technical standards and regulations), and

(b)
is summarised in recital 17 of the E-Commerce Directive as

covering “any service normally provided for remuneration, at a

distance, by means of electronic equipment for the processing

(including digital compression) and storage of data, and at the

individual request of a recipient of a service”;

“recipient”, in relation to a service, means any person who, for

professional ends or otherwise, uses an information society service,

in particular for the purposes of seeking information or making it

accessible;

“service provider” means a person providing an information society

service.

      (2)
For the purpose of construing references in this Schedule to a

service provider who is established in England and Wales or in an

EEA state other than the United Kingdom—

(a)
a service provider is established in England and Wales, or

in an EEA state other than the United Kingdom, if the

service provider—

(i)
effectively pursues an economic activity using a

fixed establishment in England and Wales, or in

that EEA state, for an indefinite period, and

(ii)
is a national of an EEA state or a company or firm

mentioned in Article 48 of the EEC Treaty;

(b)
the presence or use in a particular place of equipment or

other technical means of providing an information society

service does not, of itself, constitute the establishment of a

service provider;

(c)
where it cannot be determined from which of a number of

establishments a given information society service is

provided, that service is to be regarded as provided from

Public Bill Committee Proceedings: 5 April 2011
72

Education Bill, continued

the establishment at the centre of the service provider’s

activities relating to that service.”’.

Mr Nick Gibb

Agreed to

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Bill, as amended, to be reported.



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