The question for me on a range of issues concerns where the balance is struck. I am happy, as I say, to give the Government the benefit of the doubt. However, on the question of sticking to key principles, I have a personal philosophical disagreement with the new clause
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tabled by the hon. Member for Altrincham and Sale West (Mr Brady). I accept that he speaks a great deal about issues arising in areas of the country that have a selective system and that he feels passionately about that. I should possibly have discussed this with my wife before I mentioned it, because she was educated early on in a selective system in Kent and later moved to Cornwall. When she was in Kent, she was not in a grammar school, and in Cornwall she was in the comprehensive system. She went on to get her A-levels, qualified to become a teacher and has taught very effectively. I question whether, if she had remained in the selective set-up—again, this is hypothetical—she would have had the encouragement and support to go on and become a teacher. I have some questions about the effectiveness of the selective system for all pupils, although some prosper very well within it.
I welcome the Government’s commitment not to expand selection and so I hope that those on the Front Bench will resist the hon. Gentleman’s new clause. As far as I am concerned, it is a way of bringing in more selective schools funded by the state. The point I wanted to make when Opposition Members were seeking to talk about their ideological purity is that that new clause is signed by some Members from the party of the right hon. Member for Leigh but by no one from my party.
Kevin Brennan: I can understand why the hon. Gentleman feels that he is required to support measures in the coalition agreement, but where in the coalition agreement does it say that the Government will weaken and water down the powers of the schools adjudicator and make fair admissions less available to children from all sorts of backgrounds? Why on earth does he not show some muscular liberalism and stand up for those people?
Dan Rogerson: I am delighted that this concept of muscular liberalism has come back. I am sure that we will not hear it very often from Opposition Members! I look forward to its being raised again and again.
Mr Iain Wright: Flabby liberalism.
Dan Rogerson: That is a personal remark—I resemble that remark.
As I said in an intervention on the right hon. Member for Birkenhead (Mr Field), there are matters across government that go beyond the coalition agreement, and decisions have to be taken about where the balance should be struck. From my point of view, the issue is whether we stay true to the principle that both parties have articulated about looking at what is constraining schools and trying to set them free to move forward, while also looking after particular groups of people who might be vulnerable if schools do not operate in the spirit of the code and what the Government seek to achieve.
Mr Graham Stuart:
Going back to an earlier point, this is all about the incentives that apply to schools. The head teachers at the Church schools that the hon. Member for Huddersfield (Mr Sheerman) mentioned are not bad, but people respond to the incentives they are given. Although I am not positive about all the moves the Government are making—I have doubts about the English baccalaureate—things are moving forward with the measurement of pupil premium and
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children on free school meals. If we can move to a system that better rewards and reflects in the accountability measures for schools the performance of every child, we will not need to have this suspicion about every head teacher. Heads have responded in the way they have because of the incentives that were created by the previous Government, which led to this large, unwieldy system.
[
Interruption.
]
I should be fair: I am talking about successive Governments. We need to come up with a measure collectively that will improve that: then we will not need a schools adjudicator, because schools will simply have a mission to educate their local children and will be supported and rewarded for doing a good job for all of them.
Dan Rogerson: I welcome that intervention from the Chair of the Select Committee on Education, which will be providing more evidence over the next few years as we continue this debate. He makes an important point about the incentives that have pushed head teachers into operating in a particular way that was not envisaged when targets and regimes were set up. As the hon. Member for North West Durham said, good people occasionally do things that are less good or bad. Why do they do that if they are essentially good people who want to look after the educational opportunities of all those in the community they serve? It is because incentives are acting on them and pressing them down a particular course of action. We need to tackle those issues.
Damian Hinds: Church schools have come up two or three times now and there seems to be some assumption that it is endemic in denominational schools, which means predominantly Catholic and Anglican schools, somehow to try to get around the code. Is the hon. Gentleman aware that when the chief schools adjudicator came before the Select Committee, he accepted—indeed, volunteered—that problems in Church schools had been greatly exaggerated in the media coverage of his most recent report?
Dan Rogerson: It is important to base things on evidence. I went to a Church primary school and my two elder children go to that school. In an area such as Cornwall, which is not one of the most diverse culturally, I welcome the fact that because it is a Catholic school it is attended by Polish, Portuguese and Filipino children, so it has quite an inclusive and diverse mix in what is a fairly white or monocultural area. I say monocultural, because we could otherwise get into an English-Cornish debate. Certainly, in my area there are not the opportunities to engage with as diverse a population as in other parts of the country. However, I am straying a little far from the amendments, Mr Deputy Speaker, so I shall conclude.
I hope that the Government will resist the new clause tabled by the hon. Member for Altrincham and Sale West, because they have a commitment not to expand selection and in my view his new clause would allow the expansion of selection.
Stella Creasy (Walthamstow) (Lab/Co-op):
I rise to speak in support of amendment 40. I speak also on behalf of several of my hon. Friends who believe the Bill should not pass without some extremely important debate on its implications for children with special
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educational needs, particularly in the light of the—I do not think that muscular is the right word, so I shall say pre-gym—Green Paper on SEN. I particularly want to discuss the amendments that would help us to ensure that there are some protections for such children.
The amendment is about not just entrance to school, but exit from school. Many of those working with children with special educational needs are gravely concerned that the changes introduced in the Bill will be disastrous for those young people as they are pushed out of the mainstream sector, lost to our systems of accountability and end up the worse for it. It is worth looking at the numbers of children involved before I move to what the amendment might offer and the questions that I would like the Minister to answer in his response.
We know that 6,500 pupils were permanently excluded last year, and that 300,000 children have faced fixed-term exclusions from secondary schools, a further 39,000 from primary schools and 15,000 from special schools. That is a huge number of children facing exclusion under the current system. Many of us have deep fears about the incentives in the new system. I take it that Ministers feel that they can trust professionals not to abuse the system, but Opposition Members consider it important to ensure that there are checks and balances; otherwise the number of exclusions will dramatically increase.
4.15 pm
Meg Munn: Does my hon. Friend agree that it is in the Government’s interest to follow the proposals in the amendment? We want the system to work. I believe sincerely that Ministers are honourable gentlemen who want it to work. The amendment offers a way of checking that the policies and procedures that they are pursuing lead to better outcomes for a group of children about whom we are all concerned. Although I understand the Minister’s admirable desire to trust professionals, education is ultimately about children, and if we are not on the side of the most vulnerable children, we are not doing our job.
Stella Creasy: My hon. Friend is exactly right. The amendment is about implementation. How do we make sure that as the new policies are introduced, there are not unintended consequences, or perhaps even intended consequences, that we will have to deal with further down the line?
The evidence shows clearly that a large percentage of the children who are excluded from schools have special educational needs—87% of children excluded from primary schools and 60% of children excluded from secondary schools have identified special educational needs. A significant number of those children have attention deficit hyperactivity disorder, autism and mental health issues. Many do not receive the special educational needs provision that would help to keep them in mainstream schooling. For example, a number of children have to wait more than a year to access a mental health counsellor. Clearly, that impacts on schools’ ability to cope with those young people.
The amendment has been tabled today because of the concern that the Bill will create disincentives for schools to deal with those young people and instead encourage schools to exclude them and so pass them on to somebody
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else to deal with, rather than taking responsibility for their educational needs. All of us acknowledge that the way in which children with special educational needs are supported in the education system should improve. That is not an issue of contention between parties. The question is how we do that.
In Committee some of us expressed severe reservations about considering the Bill without the Green Paper on special educational needs being available to compare and contrast. The Green Paper was published while we were in Committee, and we are grateful that that was not at 4.55 pm on a Friday, but it raised more questions than it answered about how children with special educational needs will fare under this Government.
Kevin Brennan: Perhaps my hon. Friend remembers that I asked the Minister when the Green Paper would be published. He said that it was imminent, and it was published the next day. However, he said that the publication of the admissions code was imminent, and we still have not seen it.
Stella Creasy: I am always aware of what we might call the cleansing effect of shadow Ministers on the Departments of State when it comes to revealing information, statistics, Green Papers and, we hope, the admissions code. I hope Ministers will continue to listen to the pleas from the Opposition. We need the admissions code in order to understand what will happen. I fear that at this stage the irrigation will not be as successful as it could be.
I agree with the Green Paper when it refers to the difficulties that many parents experience in accessing support for children with special educational needs. It says that the system is inherently frustrating and confrontational. However, setting the Green Paper against the proposals in the Bill, we can see where some of the challenges may lie. We know that we are dealing with a group of young people who desperately need support to remain in education, and we know that that makes a massive difference to their life chances in the future. Between half and three quarters of children between the ages of four and 18 who are excluded from school have significant literacy and numeracy difficulties. It is incredibly likely that those problems will be compounded when they are excluded, so ensuring that exclusion is the last option and that those children are supported into appropriate provision is vital to turning that situation around.
The Minister has suggested that schools might intervene earlier, but one of our deep concerns is that the Bill’s proposals will create disincentives for schools to do so. The amendment has been tabled to encourage Ministers to take a proactive approach to dealing with the consequences of this legislation for that group of pupils and perhaps put on the record how they will do so.
I have already mentioned my concerns about how the proposals might link with the Green Paper, which mentions early intervention and partnerships a great deal. Members who were on the Bill Committee will be aware of my concern that other clauses in the Bill that unhook the relationships between local authorities and schools will make it much harder for those partnerships to be put together and for schools to build the kind of relationships that they need to be able to support young people.
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The amendment also tries to draw on some of the work that is needed for understanding how the policy might affect school budgets. Although I hope that it would be an unintended consequence of the proposals, we should consider what might happen if schools are found to have been misusing those powers. The Minister finds it hard to contemplate any misuse of those powers, but were that to happen, it would obviously cause problems.
Ministers were at pains in Committee to say that schools would suffer a financial adjustment if schools adjudicators found that an exclusion had been conducted wrongly—those of us in the Opposition who like to call a spade a spade would call that a fine. The amendment would encourage the Government to monitor that. As a member of the Public Accounts Committee, I am deeply concerned that there might be severe consequences both for schools in the administration of the financial adjustments, or fines, and for us and the public purse, in trying to compare what happens to those young people. The amendment would enable us to track that.
We know the different costs of provision. For example, it costs an additional £15,000 to send a child to a pupil referral unit or short-stay school, and an additional £50,000 to send them to a specialist residential unit. There are huge consequences for the public purse of failing to deal earlier with children who have emotional and behavioural difficulties and allowing a situation to get to the stage where schools exclude them and they go to pupil referral units or for specialist provision. Ensuring that the use of those powers and their financial consequences are monitored would be extremely beneficial to all concerned in trying to understand whether the policies have provided value for money.
The Government also need to address the real concern about the removal of the relationship between schools and local authorities, which have traditionally monitored what happens to those young people. I hope that the Minister, when he responds, will address how we will ensure that those children go on to alternative provision. In Committee, he was very clear that every young person who was excluded would of course remain in some form of provision, but we have no monitoring process to ensure that that will happen. We have no way of knowing that those kinds of provision will be made, especially when the relationships between the local authorities and schools is broken. A child who behaves so badly that they are excluded from school clearly has difficulties that need to be supported.
The Minister claimed that the Bill will create a stronger incentive to intervene early to support children with behavioural difficulties, but again we are left with no information about how those processes might take place. We have no comfort of knowing what will happen next for those children who behave badly, will need that support and perhaps should be excluded from a school.
Ian Mearns: I am very taken with what my hon. Friend is saying and wonder how the Minister will give the reassurances she is seeking given that the Bill eradicates the duty on schools to co-operate on a local basis and look after their youngsters with behavioural problems. The current duty to co-operate means that there is at least a safety net for youngsters, but that will vanish under these proposals.
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Stella Creasy: My hon. Friend raises an important point. One of the key issues for me is that in Committee the Minister talked about schools triggering an assessment of behaviour, but there is no clarity about how that process might take place. I hope that he will address that point when he responds.
I have a great fear about asking head teachers to become educational psychologists, but that is the implication of putting that power in the hands of schools and making them responsible for trying to work out what provision is best for the children without the support to be able to deliver it. No one is suggesting that head teachers and teachers are not committed to their pupils, but in a system in which they will face only a small financial adjustment of £4,000, in contrast to the cost of supporting a child with emotional and behavioural difficulties and providing special educational needs, it is easy to see where the incentives to act might be.
All Opposition Members ask for is some comfort, assurance and accountability for the use of those new powers, so that we can ensure that young people are not left in the lurch, not left unable to access the appropriate educational systems that they need, not abandoned by schools that are desperate to meet other targets and not abandoned by the professionals from whom they need help because those relationships no longer exist.
The Bill makes putting in place support for children with special educational needs much less likely, not more likely. There might be some wonderful ambitions in the Green Paper, but I am deeply concerned that this Bill means that they will be harder to realise. All of us will be the worse for that, as we see young people in our communities struggle to get the educational opportunities that they need early in life, and are not able to progress later in life.
The new clause and its proposed report would shine a spotlight—a powerful phrase that my hon. Friend the Member for North West Durham (Pat Glass) used in Committee, and on which I hope the Minister has reflected—on those young people, and on what is being done to help them to achieve in life. I hope that the Minister will do more than he did in Committee, when he simply said, “Well, we’ll continue to publish individual datasets,” and bridge the gap between what happens to the data that local authorities previously collected, the data on exclusions and the data on special educational needs. He should commit to bringing to the House those regular updates, so that we might all be confident that young people in our communities are being given the support that they need to achieve. We will all be better for that if he does.
Simon Hughes (Bermondsey and Old Southwark) (LD): I am really here to take part in the debate on the next group of amendments, but I want to refer to one issue in this group in my capacity as the advocate for access, because an access issue arises.
New clause 10, in the name of the right hon. Member for Leigh (Andy Burnham), the shadow Secretary of State, addresses the obligations in the Education Act 1996. The 1996 Act says:
“The Secretary of State shall promote the education of the people of England and Wales,”
and the new clause suggests that it be amended to say,
“and ensure fair access to opportunity for education and training.”
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That is an important point, which I recognise and want to flag up. I will rehearse it in the next group of amendments, which I have looked at, have much sympathy with and have spoken to Ministers about, but I hope that the Government will be sympathetic to moving from the current definition of the Secretary of State’s duty to a wider one. If the Government are clear that we have to have better and fairer access to opportunity for education and training, they should recognise that it begins in schools, not in sixth-form and further education colleges. It starts earlier.
I have not engaged in the technical debate, and I guess that there is one concern about the wording of the new clause, but I hope that by the time the Bill reaches the Lords we will have been able to seek consensus and agreement. The lawyer in me anticipates that, if we introduce a duty to ensure fair access, we will probably precipitate people going to court, challenging a decision and looking for judicial review. After the Bill has been through its stages here and before the other House deals with it, however, we might consider whether the Secretary of State will accept a duty at least to promote fair access to opportunity for education and training, moving from the current duty to one that ensures that the fair access point is understood throughout the whole education sector in England, including in schools.
Kevin Brennan: What the right hon. Gentleman says is welcome, but is he content to allow for the weakening of the schools adjudicator’s power, which is what this Bill brings about? I cannot imagine that a predecessor Liberal Democrat Front Bencher, someone like Phil Willis, would ever have been content with what the Government are doing in this Bill.
Simon Hughes: In my introduction I was careful to say that I wanted to limit my comments on this group to that one issue, not to get into the debate that I have heard across the Floor of the House today, but let me make two points, while trying not to avoid the question. First, the Government’s policy is a combination of ours and the Tories, so not everything—
Kevin Brennan: It’s not in the agreement.
Simon Hughes: I understand that the policy is not part of the coalition agreement, but secondly, if there are such matters—my hon. Friend the Member for North Cornwall (Dan Rogerson) leads for us on these things—whereby on reflection, or having listened to the whole debate that I have heard today, people think that the adjudicator’s responsibilities are not sufficient, there is a robust team of colleagues at the other end of the building, and I am sure that the matter will be returned to.
May I add a postscript? I chair the school governing body of a Church of England primary school and I am a trustee of a Church of England secondary school. Clearly, there is always an opportunity for abuse of the system if people are not really vigilant and held to their principles. We need to ensure—the hon. Member for Walthamstow (Stella Creasy) made the point well—that those who are potentially the most disadvantaged do not find themselves accidentally or intentionally excluded because the inclusion of everybody works to the disadvantage of other school targets, aspirations, goals,
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figures and statistics. Eternal vigilance is our duty. We need to ensure that the Bill is robust, and I am sure that further conversations will continue.
4.30 pm
Mr Gibb: Several amendments from right hon. and hon. Members relate to fair access to schools, and I propose briefly to take them in turn.
New clause 2 would allow independent schools to enter the state-funded sector while remaining academically selective. The independent sector provides high-quality education for its pupils. We recognise this, as does the OECD; it is recognised throughout the country and, indeed, throughout the world. That is why the Academies Act 2010 enables good independent schools to become free schools so that more pupils can benefit from attending them. Independent schools wishing to become free schools will need to adopt non-selective admission arrangements that comply with the school admissions code. They may, of course, remain selective within the independent sector.
I understand the sentiments and motivation behind the new clause tabled by my hon. Friend the Member for Altrincham and Sale West (Mr Brady). He wants more good school places to be available in the state sector; that is the driving force behind the Government’s free school policy. As he said, independent schools came into the state sector under the previous Government, not least Belvedere school in Liverpool and William Hulme’s grammar school in Manchester. However, I suspect that selection is not as paramount an issue for independent schools coming into the state sector as he believes. I give him this assurance: the Secretary of State and I will talk to any independent school, whether selective or otherwise, about moving into the state sector so that we can increase the number of good school places. Selective independent schools are required to open up their admissions if they come into the state sector, and we have no plans to change that. I would expect that my hon. Friend, in his principled way, will continue to argue his case as effectively as he has today.
Mr Brady: I assure my hon. Friend that I will continue to argue the case in a principled way if I can. I take it from his remarks that there is no principled objection to the existence of selective academies, because several of the new academies are selective schools, and no principled objection to independent schools becoming academies. He has kindly said that he and the Secretary of State will be prepared to meet the heads of selective independent schools that may wish to become academies. Perhaps he could help me a little further by indicating that he sees no immovable reason why in future the Department might not change its policy and allow good schools from the independent sector to become academies, opening up places to children regardless of the ability to pay, even if they are selective schools.
Mr Gibb: I thought that I had made the position clear. There are no plans to change that approach. We made it clear before the election that there will be no increase in the number of selective schools, and that remains the policy. I am sure that my hon. Friend will continue to argue his case very effectively.
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Mr Brady: I would hate good people involved in education to waste their time, so I want to be clear about whether it is worth good independent selective schools having the conversations that the Minister has generously offered with himself and the Secretary of State. Do they have open minds on whether those schools might be able to join the academies sector in future without changing their ethos?
Mr Gibb: I really cannot add anything to what I have said. We will talk to good independent schools, selective or otherwise, that wish to come into the state sector. However, the admissions code is there, it is clear, the legal position is clear, and there are no proposals to change that position.
Mr John Redwood (Wokingham) (Con): The Minister said that there was an objection to increasing the number of selective schools. Of course, the proposals of my hon. Friend the Member for Altrincham and Sale West (Mr Brady) would not increase the number of selective schools, but merely transfer them from the independent sector to the state sector, meaning that more people from a wide variety of backgrounds would have the opportunity to go to them. I would have thought that that was wholly admirable. The two most popular schools in my area are grammar schools in Reading. Parents want to get their children into those schools, but some of those who do not get in are extremely bright and able, and they get to elite universities from comprehensives, despite the creaming of the grammars. That is a perfectly stable and good system, and I cannot understand why the Minister does not back it.
Mr Gibb: I cannot say more than I have said. We gave a commitment that we would not increase the number of selective schools in the state sector. If we were to do as my hon. Friend the Member for Altrincham and Sale West and my right hon. Friend the Member for Wokingham (Mr Redwood) wished, it would contravene that commitment, which we gave before the election.
Kevin Brennan: In answer to the question from the hon. Member for Altrincham and Sale West (Mr Brady), surely such schools would be wasting their time, given that the coalition agreement says that all new academies will have “an inclusive admissions policy”.
Mr Gibb: No, they would not be wasting their time, because I am not convinced that these issues are deterring good independent selective schools from coming into the state sector. That is certainly not the case with Batley grammar school, and I am sure that it is not the case for other good independent schools, selective or otherwise, that wish to come into the state sector.
New clause 10 would amend the general duty on the Secretary of State to promote the education of the people of England and Wales to include a duty to
“ensure fair access to opportunity for education and training.”
Equity coupled with excellence is at the heart of the schools White Paper, the Green Paper on special educational needs and this Bill. Fair access is about more than admissions; it is about ensuring that every school is worthy of parents’ consideration, that every school is able to raise standards free from red tape, and that every school supports the most vulnerable children. Everything
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we are doing in the Department is geared to support that aim: the pupil premium allows funding to follow disadvantaged pupils, we are spending £800 million in 2011-12 to meet the pressure for places at good schools, and our behaviour reforms are intended to make every classroom a safe place to learn.
It should be absolutely clear that we do not disagree with the thrust of new clause 10. Of course it is the job of all those involved in education to ensure that all children have the opportunities they need to succeed, but local authorities already have that duty, and that is where the duty is most appropriate. Local authorities have the duty to secure the provision of education for people in their area, and they have the levers to achieve that. Localism is about ensuring that powers are given at the right level, and it is right that duties go alongside that. Fair access is and should be driven locally, not by a Whitehall-focused duty. I therefore urge hon. Members not to press new clause 10.
Pat Glass: Surely localism is about supporting parents and their rights. Anything that weakens parents’ rights, such as not allowing them access to the adjudicator or the ombudsman, is not about raising standards in schools.
Mr Gibb: I think the hon. Lady and, in particular, the shadow Secretary of State overstate their case. We are not just extending the right to access the adjudicator to parents of children attending academies, who can now complain to the adjudicator about admissions arrangements, we are also changing the rules on which parents and members of the public can complain to the adjudicator about a school’s admissions arrangements. We are saying that any parent from anywhere can make such a complaint. We are widening the ability of parents and members of the public to complain to the adjudicator.
I turn to amendment 9. Although, again, I agree with the aim of ensuring fair access, I do not believe that the amendment is necessary. The admissions code is entirely about fairness, which is why we have an admissions system for schools. I can assure hon. Members that in our work to revise the admissions code and make it more straightforward, we have not in any way removed the focus on fairness.
Andy Burnham: The Minister has just mentioned the work to change the admissions code. Will he tell us today why he has not fulfilled his commitment to produce the code in advance of this debate? Will he be honest about the reason for the delay? Is it because there is a row going on about the content of the admissions code, so he cannot bring the issue to a conclusion?
Mr Gibb: As I said in Committee, the revision of the admissions and appeals codes is a huge undertaking, and we need to ensure that we produce an admissions system that is fit for purpose and puts trust back in schools and head teachers. We are determined to get the codes right, not just push them out quickly. We will consult on them shortly, and they will free schools of the burden and bureaucracy of the current system.
Sometimes I feel that the right hon. Gentleman overstates his case. If he looks at the Bill, he will see that there is one clause about admissions, clause 34, and it relates to
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admission forums and one or two of the powers and duties of the schools adjudicator. There is nothing in it about the admissions code, it just happens that at the same time as we are bringing the Bill through, we are revising the code. I would have liked to bring it before the Committee, but the work on it is extensive. As I said, we are ensuring that it is right before it is published for consultation.
Andy Burnham: That is just not an acceptable answer. The Minister gave a commitment that the code would be ready for the remaining stages of the Bill’s passage, and he has not delivered on that commitment. I ask him again: why has he been unable to publish a code for the House to consider? What is holding it up?
Mr Gibb: It is not right yet. When it is right, it will be published. I want to ensure that the code is right so that it is ready for consultation.
Andy Burnham: And we don’t get any chance to look at it?
Mr Gibb: Well, frankly, it does not affect the issues in the Bill. There is one clause related to admissions, which is about admission forums and the adjudicator, and as I will explain, the changes that it makes are not as radical as the right hon. Gentleman claimed in his speech. Again, I thought he overstated his case.
Although I agree with the aim behind amendment 9, I cannot agree to it. Admissions policies must be consulted upon with the local community, and every state-funded school and academy in an area signs up to the fair access protocols to ensure that the most vulnerable children are placed without delay. Failing local resolution, objection can be made to the independent schools adjudicator for a binding decision that must be complied with. I therefore feel that we must resist the amendment, which would add little to the practice of admissions or the accountability that is already in place.
I turn to amendments 10 and 11, on admission forums. As I said in Committee, local authorities and the communities that they serve must be allowed to make their own decisions on what systems will work for them. It cannot be right to assume a need in every area, and at considerable cost. Last year, a mere 14 out of 152 admission forums wrote a report, seven of which were too late to be considered by the adjudicator. Only five objections out of the 151 received by the adjudicator were made by a forum, and four of those were from one particularly active forum.
Where they are valued, those admission forums can continue. Seeking to impose a one-size-fits-all system, as proposed in the Opposition amendment, is the wrong approach. In taking the line that he has taken, the right hon. Member for Leigh (Andy Burnham) has overstated his case about what the Government are doing in the Bill. All we are doing is making admission forums non-mandatory. They can of course continue where they are wanted.
4.45 pm
Pat Glass:
However much the Minister values schools forums, they are the only mechanisms through which parents have any input into their local admissions agreements. Surely it cannot be right that parents in one
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local authority have access to a forum when parents in the neighbouring authority do not. That will create a postcode lottery. The local authority can effectively cut out the parents whose needs are greatest by not having a forum. Surely that cannot be right.
Mr Gibb: There is a philosophical difference between the Government and Opposition. We do not believe that the Whitehall-constructed approach, which means that things are identical throughout the country, is right about how to deal with anomalies that might occur. We think that a more localised approach is better. Of course, parents can object to admissions arrangements via many avenues. They can take part in the consultation or lodge an objection with the independent schools adjudicator, for example. In addition, as I said earlier, we are expanding parents’ right to object via the schools adjudicator to schools that are not within their area. That, rather than the top-down, prescriptive, bureaucratic approach, is the right approach. Those are very real problems, and we want to address them. We want to ensure that parents can comment on admissions arrangements and that those arrangements are fair, but we also want to reduce bureaucratic burdens.
On amendment 13, one perceived problem with making admission forums non-mandatory is that concerns about admissions will go uninvestigated. However, that is not true. In fact, admission forums never had a power to make decisions on admissions. That role remains with the Office of the Schools Adjudicator, and the Bill will extend his role so that in future, he can investigate and adjudicate on complaints about admissions at academies and free schools. The Bill also gives power to schools and local authorities to put things right for themselves when the adjudicator judges that their admissions arrangements are non-compliant.
Amendment 13 would provide for a wide-ranging local authority power of scrutiny and direction over admissions authorities following a binding decision by the adjudicator, and offer a mere two weeks’ grace in which such authorities can act to comply with the decision. When I first read that proposal, which was tabled by Opposition Front Benchers, I was in two minds about it. On the one hand, I was reassured by their acceptance of the principle of allowing schools the freedom to implement decisions—although they would have to do so within two weeks. On the other hand, the amendment completely misses the point about the purpose of that freedom.
I sought in Committee to reassure hon. Members that schools cannot simply ignore the decision of the adjudicator: he is a statutory post holder, and his decisions have the force of law. Schools must implement change to comply with the adjudicator’s decision. Although at first glance a fortnight seems reasonable, on closer examination it looks less reasonable. Admissions policies must be locally consulted on for at least eight weeks to allow all parties to consider proposals or amendments. Many changes subsequent to an adjudicator’s decision can be swift and simple, but others take time, because they are inherently complex or because they seek to address coherently a number of issues.
More often than not, the timing of decisions means that they cannot easily be adopted for the coming admissions round without risking frustrating parents
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and others. That is why adjudicators try to ensure that their changes can be included when appropriate, and not just immediately.
Pat Glass: Local authorities have 14 days in which to comply with the decision of a special educational needs tribunal. Therefore, why is it unreasonable for schools to have 14 days to comply with the decision of the schools adjudicator, who is also a statutory body?
Mr Gibb: The example that the hon. Lady gives applies to one individual, but an objection to admission arrangements applies to an entire school, and therefore to a wider range of people, which means that consultation is necessary before those changes are made. That is the difference between the two examples. [Official Report, 13 May 2011, Vol. 527, c. 11MC.]
There is something else wrong with Opposition Front Benchers’ amendment 13. It would give the 152 local authorities a power to direct, but those local authorities are themselves the admissions authorities for about 19,000 schools in England, and it cannot make sense to give them the power to direct themselves, which in essence is what the amendment would do. Nor is the amendment consistent with our general thrust to allow schools the flexibility to put matters right themselves. Adjudicator decisions carry the full weight of law, and any attempt to thwart them through undue delay risks further legal challenge and possible direction from either the Secretary of State or the courts. All admissions authorities, including academies and voluntary-aided schools, must comply with binding decisions, and we believe that exactly how they do so is best judged by the schools themselves. However, when they do so will be just as important in ensuring that we do not create chaos in our admissions system. I believe that we have struck the right balance between national parameters and local pragmatism, so I ask hon. Members not to press their amendments.
I turn to amendment 40, in the name of the hon. Member for Walthamstow (Stella Creasy). She and, through an intervention, the hon. Member for Sheffield, Heeley (Meg Munn) explained that they were seeking to ensure that the impact of the changes made by the Bill to the exclusions process were clearly understood. I agree that it is important to understand what is happening in schools on such an important issue, and as I set out in Committee, extensive statistics have already been published on the number of permanent and fixed-period exclusions, including for each local authority and ethnic group, as too have national and local authority-level statistics on SEN exclusions, both statemented and non-statemented. In collecting information, however, it is important to eliminate the risk of revealing the identities of individual children, and in some instances, numbers are likely to be far too low to deliver the level of detail sought by the amendment. If there are fewer than five exclusions in a local authority area, the numbers are not published.
We collect information on the review panels, and will continue to do so for the new panels, including on how many cases are reviewed, the outcome of a panel’s decision and whether the pupil is reinstated by the school. I can confirm that we will also have details of when an adjustment of a school’s budget share is directed. However, I am happy to meet the hon. Member for Walthamstow to discuss the precise data that she seeks to see whether we can accommodate her request, bearing
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in mind the fact that we have to ensure that we do not inadvertently publish very small numbers, which could inadvertently reveal the identities of individual children.
Stella Creasy: I gladly take up the Minister’s offer of a meeting. But will he still put on the record a commitment to a qualitative review of what happens to young pupils with special educational needs in the next 18 months, to ensure that the exclusion powers are not used by schools to bypass their commitments? Will he also clarify the referral process? I asked him to clarify how young people will be referred for statementing. We need to ensure that schools do not think, “Either we could go through the difficult process of statementing, or we could just exclude the pupil.” Obviously the powers that the Bill gives head teachers will allow precisely that to happen. Ensuring that it does not happen to young people is a key concern for Labour Members.
Mr Gibb: We can talk about those qualitative issues when we discuss the quantitative ones in the meeting that I just offered. I am happy to do that.
On assessment, the hon. Lady referred to the special educational needs Green Paper, which states clearly in paragraph 3.55:
“We know that there is a group of children with SEN who are currently excluded on multiple occasions on a fixed-term basis, and there may be other excluded pupils whose SEN have not yet been identified.”
“we will recommend in exclusion guidance that children are assessed through an effective multi-agency assessment for any underlying causal factors. We will suggest that schools trigger this assessment in instances in which a pupil displays poor behaviour that does not improve despite effective behaviour management by the school.”
I quoted that in Committee and I quote it again today, to show that it is the Government’s intention to ensure that those assessments take place.
I think people have heard enough of me—
Finally, let me turn to new clause 22, tabled by my hon. Friend the Member for Beverley and Holderness (Mr Stuart), the Chairman of the Select Committee on Education. I fully understand his concerns about the proposed change to the pupil registration regulations that apply when parents choose to remove their children from school to home educate them. My hon. Friend now knows that we shall not proceed with the change in its present form, and I hope that I can further reassure him by explaining the thinking that led us to propose the regulation change in the first place, and what we intend to do now. As he said, the change would have required schools to retain pupils on the roll for 20 school days following a parent’s decision to remove their child from school for home education. If the parents change their minds, the child could be re-admitted to the school. I was attracted by that proposition, as was my hon. Friend.
The Government’s policy remains that parents are responsible for their children’s education. They have the right to choose to fulfil that responsibility by educating their children themselves, rather than by sending them
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to school, and we have no desire to interfere with that right. The proposed change in the regulations was intended to protect any children whose parents had reluctantly decided to home educate against their own better judgment—for example, those who would rather their child went to school, but who have concerns about the school that they feel it has not addressed. That group is not typical of the majority of home educators, who in my experience are determined, committed and passionate people. Having considered the issue further and taken into account the views of home educators and those of my hon. Friend, I am not yet convinced that the proposed change is the best way to address the concern. Therefore, we are considering other policy options. However, I am grateful to the Chairman of the Education Committee for tabling new clause 22, which has enabled me to put that on the record.
Mr Sheerman: I think the Minister was here listening to the debate earlier, but the Select Committee’s report on the matter ranged pretty broadly and made some reasonably positive suggestions for change. When home educators were good they were very good indeed, but the Committee received evidence that some people who did not want to send their children to school could legally refrain from sending them—they would not be prosecuted—by saying that they were home educating them, when there was very little evidence that those children were being educated at all.
Mr Gibb: The hon. Gentleman makes a good point. Those are concerns to which we are giving careful consideration, but there are strong opinions on all sides of the debate. We want to ensure that we consider the issues carefully and take all those strong opinions into account.
Mr Graham Stuart: May I express my gratitude to my hon. Friend for listening to the representations from me and from home educators? That is precisely the way in which the Government should operate, and I know that there is great gratitude out there among home educators who are afraid that there will always be malign forces at work whenever the Government come anywhere near them. As for the local authorities that misrepresent their powers and are, according to home educators, overstepping the mark, can the Minister give any reassurances about what can be done to protect the rights of home educators? Where there is evidence that children are not receiving a suitable education, local authorities should act, as the hon. Member for Huddersfield (Mr Sheerman) said, but outwith that they should respect the right of home educators to direct their children’s education.
Mr Gibb: My hon. Friend makes a good point, just as he made a good speech on those issues. Local authorities are public authorities. They should provide accurate information about their powers and duties, and they are open to challenge if they fail to do so. I hope that that reassures my hon. Friend.
Mr Stuart: I am extremely grateful to my hon. Friend for giving way again. If, with the help of home educators, I compiled a dossier of evidence about local authorities, would it be possible for me to meet the Minister and talk further with him about ways to ensure both that local authorities are aware of the law and that they observe it?
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Mr Gibb: I am happy to accept my hon. Friend’s invitation. As he knows, I always take his views on education in general very seriously, and I am always particularly interested in his very well-informed views on home education. He is probably the most well-informed Member of the House on that issue—
The Secretary of State for Education (Michael Gove): He is.
Mr Gibb: There you are; you heard it from the Secretary of State himself. My hon. Friend is the best-informed Member of the House on home education, and I will happily have that meeting with him in the near future.
After those rather lengthy remarks, I hope that my hon. Friend the Member for Altrincham and Sale West will withdraw his amendment so that we can press on to the next group.
5 pm
Mr Brady: I shall not detain the House for long. New clause 2 was a modest but practical measure that would have extended opportunities to children of limited means. I am disappointed that my hon. Friend the Minister feels unable to give it stronger support, but I also hope that the other place will return to this important issue. I beg to ask leave to withdraw the clause.
‘(1) EA 1996 is amended as follows.
(2) In section 518, after subsection (2), insert—
“(3) The Secretary of State must make regulations in relation to the payment of any allowance or bursary to any eligible applicant who is over compulsory school age but aged 18 or under and who attends a full-time further education course in England in a school sixth form or at a Further Education College or at a sixth form college, or who is on a Foundation Education programme or who is on a Foundation Education programme or who is on a ‘Programme-Led Apprenticeship’.
(4) Payments under subsection (3) shall be subject to the eligible recipient attending every learning session in connection with an eligible education course unless the recognised educational institution has authorised every absence.”.’.—(Nic Dakin.)
Brought up, and read the First time.
Nic Dakin (Scunthorpe) (Lab): I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Nigel Evans): With this it will be convenient to discuss the following:
New clause 6—Education Maintenance Allowance —
‘(1) EA 1996 is amended as follows.
(2) In section 518, after subsection (2), insert—
“(3) The Secretary of State must make regulations in relation to the payment of an Education Maintenance Allowance to any eligible applicant who is over compulsory school age but aged 18 or under and who attends a full-time further education course in England in a school sixth form or at a Further Education college or at a sixth form college, or who is on a Foundation Education programme or who is on a ‘Programme-Led Apprenticeship’.
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(4) Payments under subsection (3) shall be subject to the eligible recipient attending every learning session in connection with an eligible education course unless the recognised educational institution has authorised every absence.
(5) The minimum payments under subsection (3) shall be determined by the Secretary of State, to take effect on 1 September of every year.
(6) Regulations may provide for the eligibility criteria or administration of the Education Maintenance Allowance.”.’.
New clause 9—Requirement to achieve specified standard: suppliers of careers guidance —
‘(1) EA 2002 is amended as follows.
(2) In section 29 (additional functions of governing body), after subsection (5) insert—
“(6) The governing body and head teacher of a maintained school shall comply with any standards prescribed by the Secretary of State in securing that all relevant registered pupils at the school are provided with independent careers guidance under section 42A (Provision of careers guidance in schools in England) of the Education Act 1997 including the opportunity for pupils to meet at the premises of the school the person providing independent careers guidance.”.’.
New clause 11—Enrichment activities for 16 to 18 year olds —
‘(1) EA 2002 is amended as follows.
“85B Enrichment activities for 16 to 18 year olds
(1) A pupil aged 16 to 18 is also entitled to guidance, tutorials and enrichment activities which may include—
(a) learning aims that lead to external qualifications or external certificates of attainment not approved by the Secretary of State;
(e) industry-related programmes, including vendor-certificated courses such as those offered by IT companies;
(g) use of learning resource centres;
(h) activities that support learners to access a progression opportunity and/or employment;
(2) The Secretary of State shall take into account the entitlements in subsection (1) when determining funding for pupils aged 16 to 18.”.’.
Amendment 27, in clause 26, page 27, line 21, at end add—
‘(7) The Secretary of State must produce a transition plan to highlight how he will assist schools, colleges and local authorities in the transition from the current system of careers guidance to the new all-age careers service.’.
Amendment 28, page 27, line 21, at end add—
‘(7) Before the commencement of this section, the Secretary of State must report to Parliament on arrangements for the funding of careers guidance between the end of ring-fenced Connexions funding and the establishment of the All Age Careers Service.’.
Amendment 19, in clause 27, page 27, line 36, at end insert—
Amendment 29, page 28, line 3, at end insert ‘by qualified careers professionals’.
Amendment 18, page 28, line 5, at end insert—
‘(ba) involves at least one guidance session that is delivered in person by a qualified careers professional, and’.
Government amendments 36 and 37.
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Amendment 17, in clause 76, page 57, line 9, at end insert—
‘(2A) Section 68 will come into force on 1 September 2013.’.
Nic Dakin: I want to cover three areas. The first relates to education maintenance allowance and the direction of the Government’s programme. One of my former students, Emma Donaldson, reminded me recently of the Prime Minister’s words just before the general election. He could not have been clearer when he said:
“We have looked at educational maintenance allowances and we haven’t announced any plan to get rid of them”.
Well, that didn’t last very long, did it? Emma wrote:
“The Tories claim that the younger generation should not pay for the mistakes of the past generation, but with these slashes in allowances and the raising of tuition fees we are being asked to do exactly that.”
We can add the disappearance of the future jobs fund to that list, and it is easy to understand why young people feel badly let down by this Government.
The EMA is about far more than just boosting participation. It is also about attendance, achievement, motivation and welfare support. Giving evidence to the Select Committee, David Linnell, the principal of Cornwall college, warned:
“If EMAs are reduced, and if the money is severely reduced, we will see two things. We will see a reduction in those students who come, stay and actually succeed.”
He was talking about students not only coming to the college, but staying and succeeding.
New clause 5 relates to one of the conditions for young people gaining an award of the EMA, which is the motivational aspect of the award. I welcome the fact that the Government were taken kicking and screaming to listen to young people and their families, and that they improved the offer of money available. Even so, the amount available for young people in the new scheme has dropped from £560 million to £190 million, and recipients will receive significantly less in normal circumstances. Furthermore, 68% of colleges recently surveyed believe that recruitment to colleges will be severely affected as a result of these changes.
My concern is about not only recruitment, but ensuring that, once recruited, the students are retained and that the motivational aspect of the EMA is retained in the new award, so that it can have an impact on motivation and achievement as well as on welfare support. The current consultation seems to look both ways, talking about national benchmarks as well as saying that all those matters can be decided locally. It is therefore unclear to what extent there will be a postcode lottery and to what extent the motivational aspects will be retained through certain conditions. It is clear that the most important condition relates to attendance, because it is easy to measure and maintain.
Those are my comments on my first topic, so let me move on to new clause 11, which deals with my second topic—the provision of enrichment activities for post-16 students and the appropriate funding of the same. The cut in entitlement funding from 114 guided learning hours to 30 guided learning hours, which was made earlier this year for the coming year, has resulted in significant detriment to the funding of post-16 learning—it is essentially a 75% cut in entitlement, which translates into a 12% cut in overall funding.
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The new clause refers to the range of activities that benefited from that enrichment funding. It is ironic that on the day after the Government got into a muddle over the ill-thought-out idea to sell places at university, they should go out of their way to undermine the funding arrangements for post-16 and the development of the broader person that is necessary to allow young people from the state sector to compete on equal terms with those from other sectors. I hope that the Government will look carefully at those proposals on funding post-16 education.
In April this year, the National Union of Teachers and the Employer Contact Unit conducted a snapshot survey on the impact of cuts on further education and sixth-form colleges. It found that the overwhelming majority of colleges—96%—had been told that their budgets would be significantly cut for 2011-12. Of those, more than nine out of 10 said that the cuts would have a negative impact on teaching and learning in their colleges. That survey highlights the immediate effect of the cuts to enrichment funding on young people now. That is a matter of huge concern—to me and many others—and it needs to be looked at. The new clause provides an opportunity for Ministers to do so.
I have had conversations with Ministers and taken delegations to see them about what is happening on the front line of education, so I know that they have been surprised by the impact of the changes to enrichment funding. Those Ministers are sensible and serious people who will think about how best to make an adjustment as we go forward, so that the education system can continue to be robust and successful.
My final point concerns quality careers guidance, which is covered by amendments 27, 28, 19, 29 and 18. The amendments are designed to ensure that the Bill’s suggestions are improved, so that we have high-quality, face-to-face careers guidance and do not let it wither away. Life is already much harder and more competitive for Emma, whom I quoted earlier, and her generation. University is expensive and to get a job after studying many young people are expected to work for free to get their foot on the ladder, which is not a good thing. Young people might need well-connected parents to arrange an opportunity, but the young people whom I represent do not always have those advantages.
By this Government’s actions, the careers service, the EMA, the future jobs fund and tuition fees—the ladders of support to help young people get on in life—are being systematically kicked away. Good quality personalised careers advice is essential to help young people make the best choices for their future. It is too important to be left to a postcode lottery.
The concept of a postcode lottery is a theme running through my three main points. If we are not careful, we will have a postcode lottery on the education maintenance allowance; we will have a postcode lottery on enrichment activities; and we will have a postcode lottery on careers advice. That is not what we owe to this country’s young people. That is why our amendments are designed to secure proper conditionality around the EMA, a commitment to enrichment activities along with the proper funding necessary to put them back in place, and a commitment to secure a high standard of guidance in every school and college.
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Mr Graham Stuart: It is a pleasure to speak again in the debate, and to follow the hon. Member for Scunthorpe (Nic Dakin), who is a fellow member of the Education Committee. He made a powerful speech, but he rather overstated the case. References to the wholesale kicking away of all the ladders of opportunity do not befit the hon. Gentleman, who is knowledgeable and who also tends to speak in a reasonable and balanced fashion. Similarly, attacking postcode lotteries is always an easy way of resisting any form of localisation aimed at ensuring that need is met appropriately in a rural area.
As one who represents a rural constituency and rural further education colleges, I am aware of the need for a more appropriate use of limited funds. I will not go into the details—I am sure that Ministers will do that—but we know that the last Labour Government made it clear that, if they were re-elected, they would look again at the EMA and seek to make savings. If savings are to be made, what better way of making them than to put the funds into the hands of those on the front line who have the closest interest in, and the best understanding of, provision for young people? The hon. Gentleman should not overstate his case, let alone suggest that Government Members, particularly Ministers, have any motivation other than to try to improve ladders of opportunity. It is possible to believe that measures are not going in the right direction without suggesting that they are all calamitous or driven by the wrong motives.
Although I did not table amendment 27, its wording is exactly the same as an amendment that I tabled in Committee. It emphasises the need to ensure that the transition to the new all-age careers service is handled properly, and that in the intervening period we do not indeed see a postcode lottery with some areas not receiving appropriate care.
Ian Mearns: That is already happening.
Mr Stuart: The hon. Gentleman has a point, which is why it is important for us to be reassured about the interim period. It is worth saying—I wish that the hon. Member for Scunthorpe had been able to say it—that the Government’s vision of a higher quality of careers advice than we have seen in the past is a good one, but, like the hon. Gentleman, I want more reassurance about exactly what will be delivered.
It is all very well to paint a picture of a fantastic service that will be genuinely independent and give people a better overview of all their options—not just the academic options delivered by institutions in their own interests—but we need to see what incentives are provided for the actors in the system to ensure that they deliver that. We do not want someone to tick the box by simply shoving a young person in front of a website, with the result that that young person never receives the information that they need about local provision. I will not rehearse all the arguments, but I have heard evidence about further education colleges being barred from going into schools to advise young people.
There is a clash between institutional interests and what I want to see, which is a truly independent service with highly trained staff who have an extensive knowledge of all the local options—I know that that is also the vision of the Minister for Further Education, Skills and Lifelong Learning. It is difficult to imagine that anyone, however clever and hard-working, has an encyclopaedic
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knowledge of those options, but we need staff with as much knowledge as possible who can give advice as well as, perhaps, signposting young people in the direction of online resources. Such a combination could bring real change, ensuring that young people follow pathways that lead to satisfaction, personal development and economic success. I know that the Minister entirely agrees with that.
I am pleased to note from Government amendment 36 that Ministers listen. I said in Committee that the Secretary of State’s right to withdraw the apprenticeship offer was not appropriate given the new circumstances, and that if employers were prepared to take young people on, the last thing that we should do is introduce a provision allowing someone in the Government to prevent them from doing so. I am delighted that the Minister listened to that, as he said that he would, and has already returned with a Government amendment.
If the Government continue to be firm in purpose and clear in vision, but prepared to listen where the argument is sufficiently strong, we will further improve both the Bill and, most importantly, the education of young people in this country.
5.15 pm
Lisa Nandy: First, I associate myself wholeheartedly with the comments of my hon. Friend the Member for Scunthorpe (Nic Dakin) and the amendments standing in our names. One of their key aims is to preserve the conditionality principle that was such an important aspect of the EMA, and I ask Ministers to give a commitment on that. The beauty of EMA was that students had to attend and attain in order to get it. In effect, the state said to the student: “If you work hard and try hard, we will back you regardless of your background. We think you deserve the same opportunities as your peers.”
That was very important. Before entering Parliament, I worked with children and young people for seven or eight years, and I was always struck by their strong sense of the importance of fairness. If young people are going to buy into whichever scheme replaces the EMA, it is essential that they see that it is fair. The aspect of the EMA that I have just highlighted was one of the main reasons why young people thought that it was fair, because those who were working hard and trying hard were assured by their Government that they would get it and be supported.
Following the chaos and insecurity caused by the shambolic way in which the cancellation of the EMA was announced, I was very pleased that Ministers listened and made some commitments in relation to students who have already started their courses. I was also deeply disappointed that the scheme for existing students was altered so that the maximum payment that they receive was reduced. Young people in my constituency rely on the EMA not as an extra or a perk, but as an essential part of their household income.
One of the reasons why my hon. Friend and I are seeking to ensure that there are clear national eligibility criteria for the EMA is that students in our constituencies rely on knowing that they will get the EMA in order to make the decision to go to college in the first place. Those students absolutely need to know whether they will qualify. The key issue in respect of the concern that
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has already been expressed about the possibility of a postcode lottery and about discretion appearing to be the direction of travel is that under those circumstances such students simply will not be able to make an informed choice on whether to go to college.
Ian Mearns: It is also a concern that the decision to abolish the EMA in the first place was based on flawed evidence from a survey that was conducted in school sixth forms but not in further education colleges. That fact in itself shows that Ministers got the whole message wrong. In 2009-10, 567,000 youngsters received the EMA at the higher level—£30 a week—yet Ministers have decided to do away with it, based on evidence from youngsters in sixth forms but not in FE colleges. In my area of Gateshead, 67% of youngsters attending the local college were entitled to the EMA at the higher level.
Madam Deputy Speaker (Dawn Primarolo): Order. May I just point out that we are running close to time and interventions should therefore be brief, so as to give as many Members as possible the chance to speak?
Lisa Nandy: I agree with my hon. Friend. Despite everything that has happened and the anger that many of us have expressed on behalf of young people in our constituencies, it is important that we proceed on the basis of evidence. Another concern that has been expressed to me is that if there is no clear guidance, eligibility criteria or national standard in respect of who will receive the EMA, it could leave colleges open to legal challenge under equalities legislation, if students are left disadvantaged as a result of not receiving it. I would be grateful if Ministers were to take that into account in their deliberations and as part of the current consultation.
All Labour Members have concerns about the impact of the funding cut to which my hon. Friend the Member for Scunthorpe has referred and about the reduction in the number of students who will be able to receive support. I would be grateful if Ministers were to make a commitment today that they will monitor the impact of the withdrawal of the EMA and if it is found that fewer students can participate and achieve in education, they will reverse their decision.
As my hon. Friend has said, one of the reasons why Labour Members feel so strongly about this issue is that we have seen a triple whammy: the Aimhigher initiative, which got 40% more students in my constituency going on to university in just six years, has been abolished; the EMA, which enabled students to get to the stage where they could go to university, is going; and tuition fees have been raised beyond the level that many young people in my constituency can afford. At the same time, 1 million young people are unemployed. So, if those students are going to endure significant hardship, which is what many families—in particular, those containing several siblings—will face, to stay on at college without much hope of going on to university, it is imperative that they have a guarantee of not only the level of financial support that they will receive, but the quality of education that they will get.
That brings me to enrichment funding. My hon. Friend the Member for Scunthorpe has tabled a proposal on that, which I support.
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Mr Graham Stuart: I cannot let what the hon. Lady has just said pass. People from lower-income families can afford to go to university, as they pay nothing up front. People pay only when they earn £21,000; they pay 9% above that, when they are earning the money. Do not send the message to young people from lower-income families in your constituency or mine that they cannot afford to go to college—they can, and they should if they want to. Do not scaremonger.
Lisa Nandy: First, it is absolutely clear who is sending a message to young people in this country that we do not value them, will not support them and will not back them, and it is the hon. Gentleman’s party. It is an absolute disgrace that on the things that we are discussing today—Aimhigher, the EMA and tuition fees—all the progress that has been made is being unravelled, with very little humility or apology from the Government. On the hon. Gentleman’s accusations that my hon. Friend the Member for Scunthorpe is overstating his case, I simply ask where on earth the hon. Gentleman has been for the past 12 months. The outcry has not just come from young people in Wigan and Scunthorpe, because there has been a national outcry at the removal of the EMA, which is one of the most successful things introduced by the previous Government. I simply ask him to spend a bit more time outside this place listening to young people who are experiencing serious hardship and a bit less time trying to support his Front-Bench team.
That brings me to the subject of enrichment funding, on which my hon. Friend and I have tabled a provision as we are seeking to protect it today. The withdrawal of enrichment funding will have an astonishing impact in my constituency—my local college, Winstanley college, is losing £200,000 of its funding next year, which represents a 10% cut—yet we have heard so little about this. Over the past year, I have heard Ministers talk a lot in the Select Committee about trying to improve the situation of the most disadvantaged young people, but the withdrawal of enrichment funding is doing a great deal to widen the gap between the haves and the have-nots. Winstanley college is being forced to say that only students whose parents can afford to send them on trips will be able to go on them as part of their course. That is just one of many examples that the college gave me and is distraught about. The withdrawal of this funding will have a real impact, and I urge Ministers to think again.
The withdrawal of enrichment funding will clearly hit hardest those schools that already have a disadvantaged intake. St John Rigby college, which is just down the road from me in my constituency, will take a funding hit next year, because of the withdrawal of £300,000. Half its students receive the EMA and only 2% of the students who come into that college average an A-grade at GCSE. Its very hard-working and talented principal has told me that enrichment funding is not an optional extra, but an essential part of giving its hard-working and talented students the chance to reach their full potential. It cannot replace that enrichment funding, so it must do other things. It is planning to halve the tutorial hours for all students, so that it can ensure that it protects those essential services. Like Winstanley college, which I mentioned earlier, class sizes will go up, which will disadvantage all students but will have a particular impact on the most disadvantaged.
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I join my hon. Friend the Member for Scunthorpe in supporting the new clause because unless the Government think again, sports, arts, drama, counselling and career opportunities will be denied to precisely those young people who need them most. Surely that is not the intended consequence of the Government’s policies. I urge the Minister to think again.
Esther McVey (Wirral West) (Con): I, along with Opposition colleagues, have tabled amendment 27 to require the Secretary of State to
“produce a transition plan…from the current system of careers guidance to the new all-age careers service.’.
How that transition is handled—all of it—is vital. First, I want to welcome the Government’s plans for an all-age careers service, but I emphasise the importance of careers advice. It is the bridge from education to work, fundamentally signposting the match between an individual and a job or a journey into education and fulfilment. As those choices become ever more sophisticated, an accompanying sophistication of knowledge and know-how is needed to enable a student to navigate their way, so that all young people—this is what makes me want to speak today—from all backgrounds and of all abilities, interests and ambitions can achieve their goal in life.
I believe that this transition has come at a critical and crucial time. We know that youth unemployment is particularly high, covering 1 million people across the country aged between 16 and 24 and 160,000 in the north-west, the highest in any region. In Wirral, 16.8% of those aged between 16 and 19 are not in education, training or work. At a time of incredibly high youth unemployment, opportunities and changes are opening up, too. There are changing opportunities in apprenticeships and what they have to offer, in tertiary education, in voluntary work, in work experience, in setting up a business or even in travelling around the world and doing something with charities elsewhere—so we have the double impact of high unemployment and changing opportunities.
On a personal note, I meet approximately 400 schoolgirls every week from all backgrounds and not only are they confused about their options and what they want to do, but they have an inner confusion, too. They do not know what is out there or whether they have the confidence or ability to do it, and they now need to ask whether they can get direction to help them. Those young girls tell me that they need role models and that they need to meet people who have done a job for real. They need to be able to choose a job and to get interested in it, and a person will need to tease out that interest and to show them those opportunities.
This transition must be right. People leaving school at a vulnerable time need the right options to be put in front of them and that must be delivered through proper careers advice. It is also a vulnerable time for people working in the profession and giving out careers advice. This is not just about their knowledge and know-how—this is a subject they love and about which they are passionate. We must not lose the knowledge on the internet, but we must also not lose those people and their personal knowledge. We cannot let something so vital slip through our fingertips when it was within our grasp and when we had the ability to save it.
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5.30 pm
Mr Iain Wright: I shall be brief, given the time constraints, and speak specifically to new clause 9. I agree with every word that was said by my hon. Friends the Members for Scunthorpe (Nic Dakin) and for Wigan (Lisa Nandy) as well as by the hon. Member for Wirral West (Esther McVey). Their amendments are eminently sensible and would go a long way toward repairing the damage that in 12 short months the Government have inflicted on young people through their policies on the education maintenance allowance, enrichment activities and post-16 funding.
The Minister for Further Education, Skills and Lifelong Learning and the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb) will recall that we had considerable debate in Committee about clauses 26 and 27 and the changes to the careers service that was provided to young people. It became very apparent when the Minister for Further Education, Skills and Lifelong Learning was questioned in Committee that no real work or thought had been given to the transition plan between the ending of Connexions and the establishment of the all-age careers service. The Minister conceded the possibility of having a careers summit to discuss the matter, which might be imminent, but it is probably about nine months too late and should have been designed into a clear transition plan. I know that he is genuinely and passionately committed to this issue, but his eye has been worryingly off the ball regarding the transition. This is inept.
Although some services may be available in September, others will not be operational until April 2012. There is confusion about commitment to funding and there is a real risk that vital professional expertise will be lost; indeed, that is borne out by what is happening. A Unison survey of local authorities has shown that 97.5% of councils that responded were cutting the careers service in their area. In central Bedfordshire, personal advisers were being withdrawn at the end of the last autumn term and there is a lack of staff to cover statutory duties. In Essex, no one-to-one advice is being provided at all. Unison concludes that the survey confirms that
“the level of cuts and the lack of clear transition guidance from central government are leading to the decimation of the careers service”.
As the hon. Member for Wirral West and my hon. Friend the Member for Wigan have pointed out, expertise is being lost precisely when the country’s young people need it most. Students leaving school in a matter of weeks after doing their exams will be going out into a world in which conditions are the harshest they have been for a generation, with youth unemployment running at record levels and educational options for over-16s narrowed with the scrapping of EMA. It is becoming clearer by the day that Government policy seems to be moving us towards a higher education system that benefits the well-off rather than the more vulnerable.
In those circumstances and in that economic context, it is vital that before young people leave school they receive the best possible information, advice and guidance about their prospects and options. The manner in which they receive such advice will vary according to their personal preferences. In this modern age, they might wish to view things online or to interact with others in
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an electronic version of social networking. We can and should use technology in innovative ways to raise aspiration, to show young people what is available and to demonstrate how they can achieve their ambitions.
Mr Hayes: I know that the hon. Gentleman would not want anything to remain on the record that might, however unintentionally, appear as a calumny. On his last point, he will know that we have rolled out the Next Steps IT project, a sophisticated IT interface on precisely this subject, and that the careers taskforce has been working under Dame Ruth Silver, followed by the Careers Profession Alliance under Ruth Spellman, to develop for the first time a coherent set of professional standards, accreditations and training for careers advisers. That did not happen under Labour, but it is happening under our Government.
Mr Wright: The Minister will recall the information, advice and guidance strategy that I published, “Quality, Choice and Aspiration”, which put in place precisely those measures—Next Steps and the careers taskforce—so he has basically implemented what I personally put in place when I was at the Department.
Mr Hayes: That was ungallant of me, so let me qualify what I said. The hon. Gentleman is absolutely right. Some progress was made and he was a very diligent Minister, but in the same spirit I think he would want to acknowledge that we have carried that through in the two respects I have mentioned.
Mr Wright: Let me concede that the Minister has been the best Minister for Further Education, Skills and Lifelong Learning that I have ever seen in this Government. He has been exceptional in that regard.
The Minister talked about online and electronic information, advice and guidance about careers. That has its place, but this is my point and the point of new clause 9: a central part of any successful careers advice system is the face-to-face personalised and tailored interaction between a young person and a careers professional, preferably not on a one-off basis on a wet Wednesday afternoon, as we discussed in Committee, but repeated time and again so that trust can be established between the student and the careers professional, and a relationship built up where the professional can know about the student’s wishes, skills, ambitions, potential and limitations, and accordingly challenge, motivate and provide good tailored advice about their prospects.
In Committee, the Schools Minister did not provide huge reassurance on the matter. He seemed to believe that face-to-face information, advice and guidance was not appropriate for all students. I asked him whether he thought such face-to-face access should be the cream of careers advice, available only to a select few students, and he said in Committee that it would depend on the school, which might think it was appropriate for some students, but then again, might not. That is worrying.
Steve Higginbotham, the president of the Institute of Career Guidance, said that as a result of the Government’s plans and the incompetence regarding the transition scheme and because face-to-face advice has not been prioritised,
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“The likely reality is that hundreds of thousands, and possibly millions, of young people will never get access to personalised impartial career guidance, having to rely on the national telephone helpline or website and school staff”.
Young people deserve better than that. I believe very much in allowing the professional judgment of teachers and head teachers to flower, but more than anything else I want the potential of the young person to be nurtured. For a Department that states that it trusts the judgments of professionals, Ministers seem remarkably reluctant to allow careers professionals to meet pupils at the school.
The purpose of new clause 9 is to ensure that that would occur. The clause would help to ensure that relevant and personalised advice could be provided for every single student, rather than just a select few in a school. The school governing body—the Minister will recall that I have always believed that school governors have a positive and largely untapped role to play in the provision of first-class careers advice—would have the responsibility to ensure that careers professionals had face-to-face meetings with pupils. It would make sure that, as my hon. Friends the Members for Scunthorpe and for Wigan mentioned and as the hon. Member for Wirral West alluded to, there was not a postcode lottery or even a school lottery for careers advice, with pupils from disadvantaged backgrounds being disadvantaged still further by a lack of resources to fund face-to-face services. If the Minister and the Front-Bench team are serious about wishing to help every child fulfil their potential—and I think they are—I cannot see how they would have a problem with new clause 9. I therefore hope that the Minister will accept it. I give notice that I wish to test the opinion of the House by pressing it to a vote.
Finally, I hope that the hon. Member for North Cornwall (Dan Rogerson) did not take offence earlier when I commented from a sedentary position about flabby liberalism. I was speaking about his policy position, rather than any personal appearance. On careers advice, I think the Liberals are like Joe Bugner rather than Muhammad Ali or the late, great Sir Henry Cooper, whom we lost earlier this month. I wish they were more like Ali and Cooper, and it is disappointing that they have not been so in debate in Committee and in the House today.
Simon Hughes: I, too, am conscious of the time so I shall be brief. I welcome the debate, as I welcome the co-operation and exchanges that I have had with the Minister responsible for these matters. I know he has been listening to Opposition Members in Committee, colleagues in both parties and those outside.
On new clause 6 moved by the hon. Member for Scunthorpe (Nic Dakin), and his comments and those of the hon. Member for Wigan (Lisa Nandy), they are right about the need for the new system for EMA, for those who will continue to receive it, to be subject to the two criteria of attendance and punctuality. That is extremely important. That was seen to be a discipline, and in one of the reports I gave to the Prime Minister and the Deputy Prime Minister I made the point that EMA should be continued for those who have started receiving it and that it should be subject to eligibility criteria.
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I am sure that the Government will have noticed the equality impact assessment on the EMA plans. In my recommendations to Ministers, I made it very clear that entitlements were better than general localised discretion, because knowing how much they will receive is a consideration for young people, just as knowing what the score is for university costs is a consideration for students. I hope that the Government’s response to the consultation—there are a few days remaining for anyone who has not yet responded and wishes to do so—will not be so prescriptive that it is burdensome and that it will make it clear that certain things will, in effect, be entitlements for young people so that from this summer they will be able to say, “Yes, I’m going to college next year. It will be a good thing for me.” I hope that there is a favourable response. The wording of the proposed new clauses as they are given might not be accepted, but we have more opportunities during the passage of the Bill to get to the same place.
Mr Iain Wright: Under the existing provisions for EMA, around 600,000 young people were helped to continue their education. Under the Government’s new plans, 12,000 people will be helped. Does the right hon. Gentleman seriously think that that is good enough?
Simon Hughes: Again, the hon. Gentleman would not want to mislead people. The scheme proposes that everyone who this year is in their first year of receiving EMA at the top rate—£30 a week—will next year receive £20 a week. We are talking about hundreds of thousands of people, not 12,000. The figure he refers to relates to the additional agreement, which was never there before, that those with special needs, such as those on income support, those who have been carers and those who have been in care, will be entitled to a minimum of £1,200 a year. I welcome that. The Government will have to keep under review whether that is enough for that cohort of young people and whether the figure might have to be adjusted in years to come.
New clause 9, which was tabled by the hon. Member for Cardiff West (Kevin Brennan) and his friends, makes an important point that was also raised by the hon. Members for Scunthorpe and for Wirral West (Esther McVey). I am in the process of finishing my report for the Government on the careers service and the implications for access to further and higher education, and I am very clear not only that there should be a careers service available for every secondary school child, but that it should include a personalised service. It is not enough that everyone should have access to a telephone service or an online service or be given a book. I know that the Minister understands that point and is sympathetic to it. I hope that we will arrive at the situation in which everyone knows that they will be able to engage with someone who knows about careers and can assist them. It should certainly be one session, but more may be needed.
Those careers advisers also need to be professionally recognised. The six main groups that have provided careers guidance are getting their act together and hope to be together in one organisation this summer. When that is done, they can be recognised, which I think will give us the basis for a good service of general careers information, advice and guidance. I welcome that and hope that Ministers will be sympathetic to the fact that that service must be offered by recognised professionals.
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There is obviously a concern in the House, which the hon. Member for Wirral West expressed, about the transition from the current Connexions service, which was good in parts and less good in others, to the all-age careers service, which is generally welcome and could be very good when it is up and running. Ministers understand the need to ensure that a year’s worth of young people do not fall through the gap between the old and new services. We must ensure that resources and arrangements are in place to prevent that.
I want to make one last pair of suggestions for Ministers to consider. I have been across the country talking with school students, and students in sixth-form colleges and universities, and some very unfortunate evidence has come out of that. Some young people, of course, say that their careers advice was excellent, but the majority say that they did not get good enough careers advice or work experience. This was a clear majority, probably about 80%, whether on Merseyside, in Cornwall or anywhere else, and we really have to improve those things.
At the end, I hope Ministers will accept that, in every sixth form, college and school, somebody should have responsibility for the careers service and careers advice, and that another person should have responsibility for the access arrangements—for making sure that people are shown the life opportunities that will come to them after school or college.
5.45 pm
We need to build on where we are and to do much better. I hope that the Minister will be sympathetic to the intention behind this group of proposed changes, but, if we cannot agree to them tonight because we might not be at that stage just yet, I hope that we will have an opportunity to do so before the Bill becomes law. I know that Ministers are keen to get it right, and I welcome the fact that the Minister before us is determined to do so.
Bill Esterson (Sefton Central) (Lab): I want to speak to the amendment in my name, on the careers service and Connexions, and to the proposed changes suggested by my hon. Friend the Member for Scunthorpe (Nic Dakin), to which I have also put my name.
Contributors on both sides of the House have made very well the point about the importance of a professional careers service, and they have dealt with the all-too important issue of transition. The shadow Minister, my hon. Friend the Member for Hartlepool (Mr Wright), referred to putting the transition plan in place, and he noted the great concern about the cuts that have already gone through, the loss of staff and, in some places, the total breakdown of services. The proposed changes seek to ensure that the transition is put in place, and that there is proper professional staffing of the future careers service. I hope that Ministers will take full account of all those points, because they are incredibly important.
The right hon. Member for Bermondsey and Old Southwark (Simon Hughes) made very well the point about the importance of getting the careers service right, and how long it has been an issue. At a time of growing youth unemployment, that point is timely, indeed.
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Julie Hilling (Bolton West) (Lab): Is my hon. Friend aware of the Department for Education and Skills survey of 5,000 young people, which found that 90% were satisfied with Connexions, and that Ofsted reported the qualitatively positive impact of the service on the careers and other choices of young people?
Bill Esterson: My hon. Friend makes the case very well for the success of the existing careers service and the importance of a professional careers service. The Government need to take account of that evidence base, but so far they have been in such a rush to push through these proposals, I fear that in their planning they have missed such evidence.
We are short of time, so I will make some brief comments about the education maintenance allowance. There have been some well-made points, but I want to mention Hugh Baird college and Southport college, which students from my constituency attend. Up to 90% of the learners at those colleges receive the EMA, and listening to Government Members, who now seem to recognise the importance of linking attendance and attainment to the payment of its replacement, I wonder why we are getting rid of it. As my hon. Friend the shadow Minister said, if only 12,000 people receive the replacement, the number really will be a drop in the ocean. We have already seen one step in the right direction, with the U-turn on providing an allowance to existing learners, but I hope that the Government will go much further on the subject of EMA’s replacement.
My evidence from the colleges that I have mentioned is that students who receive EMA have considerably higher attendance and attainment than those who do not. They are also unable to work out which students will continue to attend without receiving EMA or to determine which students are young carers and from other vulnerable groups and therefore very dependent on EMA. These issues have not been sufficiently taken on board, and that is why the amendments tabled by my hon. Friend the Member for Scunthorpe are so important.
Mr Hayes: I will speak to Government amendments 36 and 37 and deal with the remarks made by hon. Members on the other amendments in the group.
Let me first say a few words about EMA. The hon. Member for Scunthorpe (Nic Dakin) always speaks in a reasoned way. I appreciate that he brings expertise to this House because of his prior experience. I share his commitment, and that of the hon. Member for Wigan (Lisa Nandy), to fairness. It is important that we deliver a fair outcome. It is also right that we set out clearly our expectations of how the new bursary fund will operate, and we mean to do so.
As the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) said, we are engaged in a consultation. I can give the commitment today that following the consultation we will publish short, focused guidance on the new system for schools, colleges and training providers. We certainly do not want a system that is not coherent, consistent or fair. As has been done previously in respect of EMA, we will publish details of the arrangements that we intend to make for provision of financial assistance under the new scheme. On 28 March, we announced additional transitional arrangements to help those who are part way through their studies. The hon. Member for Sefton Central (Bill Esterson) paid
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tribute to that. On whether conditions should be attached to receipt of the 16-to-19 version, we expect, subject to consultation, to set out in guidance that schools, colleges and training providers should consider doing just that.
I hope that those comments will go some way towards assuring those who have had understandable doubts about this that we intend to do this in a proper, measured and considered way. In the past few months, they have told us that conditionality, which was a feature of EMA, was an important factor in encouraging positive attitudes to learning. I believe it is right that these conditions should be set locally, as they are now for EMA. As we discussed throughout the Committee proceedings, we are seeking to reduce, not increase, the regulatory burdens on schools and colleges. The administration of 16-to-19 bursaries should be at the discretion of individual schools and colleges, supported by guidance from the centre, giving head teachers and principals the power to make decisions that are in the best interests of students.
Let me give some examples of that. Members of the House will know that in rural areas there are different pressures surrounding transport from those, typically, in urban areas. In other circumstances, depending on what people are studying, there may be particular pressures to do with the equipment that is required for people to fulfil their studies. There needs to be sufficient flexibility to take account of, and address, different needs, but that does not mean that coherence should not be established in what we say from the centre. I hope that that goes a considerable way down the road towards the destination of widespread agreement that is at the heart of all we do as a Government and I do as a Minister.
The hon. Member for Scunthorpe spoke about enrichment activities. I thank him for the opportunity to discuss this important and valuable aspect of young people’s education. I know that he was a distinguished principal of John Leggott sixth-form college before coming to this House and brings that understanding here. I also know, however, that he does not support the reductions that we have had to make to the funding for enrichment activities. This does not mean that we do not understand their significance or value. The context in which we debate these matters today, as we debate all our considerations on the funding and management of education, is one of financial pressure. The Government are in the business now of having to make tough decisions about value for money and priorities, and of ensuring that the money that is spent delivers the fairness that the hon. Member for Wigan articulated.
Because we agree that such activities can be valuable for young people, we have protected funding for tutorials for all 16 to 18-year-olds. Our commitment to vulnerable groups is demonstrated by our increasing by £150 million to £750 million the amount of funding to support students from disadvantaged backgrounds and those who need additional support. We expect that additional funding to be used to provide the additional support that disadvantaged students need, including enrichment activities if they are appropriate.
I would like to have spoken about the apprenticeship entitlement, but it is sufficient to say that in the evidence sessions, it was clear from the witnesses that the arrangements that prevailed under the previous Government were not widely agreed to be effective. I think it was Martin Doel of the Association of Colleges who said he
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never felt that those arrangements were really operable. I think that our changes will mean that we can deliver on our commitment.
I will say no more about that, because I want to say a word about careers guidance, which has been spoken about a lot. It is a subject dear to my heart as it is vital. Let me make it clear that I fully appreciate the relationship between good advice and guidance and subsequent progress. Furthermore, it is fundamentally important for social mobility and social justice that that advice and guidance is available to people who would not get it by other means. As the right hon. Member for Bermondsey and Old Southwark suggested, such advice and guidance is usually available to more advantaged people through social networks or familial understanding. That is not always the case for people with less wherewithal who are trying to navigate their way through the system. This is not about aspiration. Let us once and for all kill off the bourgeois, left assumption that working-class people do not aspire to the same things as their middle-class contemporaries. Their ambitions are the same; what they lack is the wherewithal. My mission is to provide that wherewithal, so let us discuss some of the detail.
Julie Hilling: Will the Minister give way?
Mr Hayes: I will not, because I do not have time. I am terribly sorry.
The hon. Member for Hartlepool (Mr Wright) is right to say that he initiated the idea of the IT system. We implemented what he initiated. He is right that he set up the taskforce. We have considered those recommendations and taken them seriously. We will put in place a state-of-the-art, comprehensive, all-age IT system, which will be available to young people and to other people who want to upskill or reskill. To support that, we will have a telephone service, as he intended.
We will deliver, for the first time, a coherent set of professional standards, training and accreditation for careers professionals. The work that has been done on that over the past six to nine months is of profound importance. It has been led by Ruth Spellman and was inspired by Dame Ruth Silver—there are many Ruths in this business. They have been involved in a series of activities to bring together the disparate elements of the careers profession around a common set of objectives.
Furthermore, it is right that we exemplify best practice. That is bound to involve face-to-face connections—that word was not used advisedly—with the people seeking advice. We want people to have the maximum possible opportunity to gather the advice that is available from the professionals whom I have described in a way that is appropriate for them. I find it inconceivable, or at least unlikely, that best practice will not include face-to-face provision.
Furthermore, new clause 9 suggests that the Government would not be able to issue guidance, but it is clear that that provision is superfluous; I have checked the facts, and the Education and Skills Act 2008, which is unaltered by the Bill, means that the Government can issue guidance on the subject if and when necessary. We are determined that schools, colleges and other bodies should be able to provide the best possible advice. I have written to local authorities, as I promised I would, to remind them of their continuing duty to promote participation. I have
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instructed schools that they need to put in place the transitional steps in September, ready for the full steps later, and—
6 pm
Debate interrupted (Programme Order, 8 February).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
‘(1) EA 2002 is amended as follows.
(2) In section 29 (additional functions of governing body), after subsection (5) insert—
“(6) The governing body and head teacher of a maintained school shall comply with any standards prescribed by the Secretary of State in securing that all relevant registered pupils at the school are provided with independent careers guidance under section 42A (Provision of careers guidance in schools in England) of the Education Act 1997 including the opportunity for pupils to meet at the premises of the school the person providing independent careers guidance.”.’.—(Mr Iain Wright.)
Question put, That the clause be added to the Bill.
The House divided:
Ayes 212, Noes 304.
[6 pm
AYES
Abrahams, Debbie
Alexander, Heidi
Allen, Mr Graham
Ashworth, Jon
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Blackman-Woods, Roberta
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Buck, Ms Karen
Burnham, rh Andy
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Creagh, Mary
Creasy, Stella
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Mr Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Fitzpatrick, Jim
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Godsiff, Mr Roger
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Fabian
Hanson, rh Mr David
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hood, Mr Jim
Hopkins, Kelvin
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Tony
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Mr Alan
Mearns, Ian
Michael, rh Alun
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, John
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Sarwar, Anas
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Whitehead, Dr Alan
Wicks, rh Malcolm
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wood, Mike
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Mark Hendrick and
Mr David Hamilton
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Bagshawe, Ms Louise
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bradley, Karen
Brady, Mr Graham
Brake, Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Mr Steve
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Alistair
Byles, Dan
Cable, rh Vince
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Djanogly, Mr Jonathan
Dodds, rh Mr Nigel
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Fabricant, Michael
Farron, Tim
Featherstone, Lynne
Field, Mr Mark
Foster, rh Mr Don
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Gale, Mr Roger
Garnier, Mr Edward
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Mr Gerald
Howell, John
Huhne, rh Chris
Huppert, Dr Julian
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Leadsom, Andrea
Lee, Jessica
Leech, Mr John
Lefroy, Jeremy
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maynard, Paul
McCartney, Jason
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Ollerenshaw, Eric
Osborne, rh Mr George
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shannon, Jim
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Julian
Smith, Sir Robert
Soames, Nicholas
Soubry, Anna
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, Mr Desmond
Syms, Mr Robert
Tapsell, Sir Peter
Teather, Sarah
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Jeremy Wright and
Mark Hunter
Question accordingly negatived.
11 May 2011 : Column 1259
11 May 2011 : Column 1260
11 May 2011 : Column 1261
11 May 2011 : Column 1262
Amendment made: 30, page 6, line 15, at end insert—
‘( ) In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure), for “550ZA or 550ZC” substitute “550ZA(3)(f) or 550ZC(7)”.’.—(Mr Gibb.)
Amendments made: 31, page 20, line 38, at end insert—
‘( ) The restrictions in subsection (3) also cease to apply if—
(a) the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or
(b) the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation.’
Amendment 32, page 21, line 4, at end insert ‘, or
(b) a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person.’
Amendment 33, page 22, line 12, at end insert—
‘( ) Schedule 4 (offence of breaching reporting restrictions: application to providers of information society services) has effect.’—(Mr Gibb.)
Amendment proposed: 13, page 33, line 14, leave out subsection (3) and insert—
‘(3) For section 88J (changes to admission arrangements by schools adjudicator) substitute—
“88J Implementation of decisions by adjudicator
11 May 2011 : Column 1263
(1) This section applies where the adjudicator has made a decision (‘the primary decision’)—
(a) under section 88H(4) on whether to uphold an objection to admission arrangements, or
(b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admissions.
(2) If the admission authority has not amended its admission arrangements within a period of 14 days of being notified of the primary decision, the local authority for the area in which the school is situated may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.
(3) Following the amendment of the admission arrangements by the admission authority following a primary decision, the local authority for the area, if it considers that the changes to the admission arrangements are not consistent with the primary decision, may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.
(4) An admission authority which is subject to a direction under subsections (2) or (3) may ask the adjudicator to set aside the direction on the grounds that the changes to the admission arrangements contained in the local authority’s direction are not consistent with the primary decision.”.’.—(Kevin Brennan.)
Question put, That the amendment be made.
The House divided:
Ayes 211, Noes 305.
[6.15 pm
AYES
Abrahams, Debbie
Alexander, Heidi
Allen, Mr Graham
Ashworth, Jon
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Blackman-Woods, Roberta
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Burnham, rh Andy
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Creagh, Mary
Creasy, Stella
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Mr Wayne
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Fitzpatrick, Jim
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glindon, Mrs Mary
Godsiff, Mr Roger
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Fabian
Hanson, rh Mr David
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hood, Mr Jim
Hopkins, Kelvin
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Tessa
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lloyd, Tony
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Mr Alan
Mearns, Ian
Michael, rh Alun
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, John
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Sarwar, Anas
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Whitehead, Dr Alan
Wicks, rh Malcolm
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wood, Mike
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Mark Hendrick and
Mr David Hamilton
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Bagshawe, Ms Louise
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brake, Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Mr Steve
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Alistair
Burt, Lorely
Byles, Dan
Cable, rh Vince
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Djanogly, Mr Jonathan
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Fabricant, Michael
Fallon, Michael
Farron, Tim
Featherstone, Lynne
Field, Mr Mark
Foster, rh Mr Don
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Gale, Mr Roger
Garnier, Mr Edward
George, Andrew
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Mr Gerald
Howell, John
Huhne, rh Chris
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Leadsom, Andrea
Lee, Jessica
Leech, Mr John
Lefroy, Jeremy
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maynard, Paul
McCartney, Jason
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Ollerenshaw, Eric
Osborne, rh Mr George
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shannon, Jim
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Julian
Smith, Sir Robert
Soames, Nicholas
Soubry, Anna
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, Mr Desmond
Syms, Mr Robert
Tapsell, Sir Peter
Teather, Sarah
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mr Shailesh Vara and
Mark Hunter
Question accordingly negatived.
11 May 2011 : Column 1264
11 May 2011 : Column 1265
11 May 2011 : Column 1266
11 May 2011 : Column 1267
Amendments made: 34, page 42, line 34, leave out from ‘not’ to end of line 36 and insert
‘otherwise receive suitable education for any period,’.
Amendment 35, page 42, leave out lines 40 to 42 and insert—
‘(2) “Suitable education”, in relation to a child, means efficient education suitable to the child’s age, ability and aptitude and to any special educational needs the child may have.’.—(Mr Gibb.)
Amendments made: 36, page 51, line 5, leave out ‘sections 83B and 83C’ and insert ‘section 83B’.
Amendment 37, page 52, leave out lines 26 to 35.—(Mr Gibb.)
Amendment made: 38, page 57, line 9, at end insert—
‘(f) section [Charges at boarding Academies].’.—(Mr Gibb.)