The responsibilities of the Secretary of State - Education Committee Contents


Examination of Witnesses (Question Numbers 20-39)

RT HON MICHAEL GOVE MP AND DAVID BELL

28 JULY 2010

  Q20 Liz Kendall: We have talked about those schools that were at financial close and those that weren't, but there was also another category: the 14 sample project schools. Can I ask the Secretary of State, when was the decision made to have schools divided according to financial close, not financial close, and the 14 sample project schools? On what date was the decision taken that those would be the three criteria?

  Michael Gove: To the best of my recollection, it was taken on the Thursday before the Monday when I spoke to the House of Commons.

  Q21 Liz Kendall: Did you at any time have any advice or recommendation from the Treasury about whether to go ahead with the 14 sample project schools?

  Michael Gove: I first talked to the Treasury in the middle of June, I think, about my desire to ensure that we made an announcement. From that point on, I had a number of conversations with the Treasury about how precisely we should proceed.

  Q22 Liz Kendall: What did the Treasury recommend about the 14 sample project schools?

  Michael Gove: We had a number of discussions about how to proceed, and those discussions resulted in us putting those schools in a particular category, where they were for discussion.

  Q23 Liz Kendall: So the Treasury did not make any recommendation about those 14 sample project schools?

  Michael Gove: We had discussions with the Treasury about what should happen with those, and we came to this eventual conclusion.

  Q24 Liz Kendall: Okay. Staying on the 14 sample project schools, when will the decision be announced about whether they will go ahead?

  Michael Gove: We are talking to the Treasury now about making sure that we can make that announcement as quickly as possible.

  Q25 Liz Kendall: Will the issue of whether legal action may or may not be taken over those schools influence your decision about whether they will go ahead?

  Michael Gove: A number of factors are influencing our decision about whether we should go ahead.

  Q26 Liz Kendall: And legal implications will be one of them?

  Michael Gove: When we have taken the whole set of decisions about Building Schools for the Future, we have always taken advice. We took legal advice at every stage. We are obviously looking at what the industry and local authorities say, and we are looking at the particular complex of factors that govern the position that these schools are in. These are schools where a great deal of preparation work had been done and the schools that were closest to the line, where it was drawn, so these are the schools that are the hardest cases, as it were. Because they are the hardest cases, we wanted to give them an extra level of care, attention and thought. My officials, officials at Partnerships for Schools and officials in the Treasury are involved in trying to make sure that we make the right decision in that respect.

  Q27 Liz Kendall: But I assume you would not want to go ahead if you were going to be legally challenged about them?

  Michael Gove: When it comes to the whole question of legal challenge, there is a variety of issues. The first is, obviously, is there anyone who says that they might challenge? Of course, you cannot know whether people will feel tempted to, or what decision they might make. It is also the case that, even though people might feel tempted to challenge, there is also the question of what the likelihood is of any challenge being successful. So in the first case you make a judgment about attitude, in the second case you make a judgment about the law, and then of course there is the question of what the costs involved would be for yourself and for other parties. There is a number of factors to weigh, and we are weighing all those factors as we think about how that decision should be met.

  Q28 Liz Kendall: So legal implications will be part of the decision that is taken on those 14 sample schools?

  Michael Gove: It already has been, in that we have looked at the legal advice. We specifically sought legal advice in this context, as you would expect.

  Q29 Liz Kendall: Finally, going back to you, Mr Bell. Considering the fact that so many mistakes were made in the list, do you regret ignoring Partnerships for Schools' advice to make sure the list was properly validated before the Secretary of State published it?

  David Bell: I think it was a mistake not to put to the Secretary of State the possibility of checking the data with local authorities. As Permanent Secretary, I am ultimately responsible for the policy advice that goes to the Secretary of State, so I take responsibility for that. A number of us made mistakes. There are a lot of lessons to learn from this process, and one of the tasks for us now is to take stock and learn lessons, so, hopefully, this sort of thing will not happen again.

  Michael Gove: Can I add one other thing pendant to what the Permanent Secretary says? I had originally, early in June, asked for information on a local authority and constituency basis. It was also the case that others within Government had asked for that information and had been told that it could be supplied on a school-by-school basis. As I think Tim Byles acknowledged yesterday, I asked for a lot of information. It is a complicated process, and I felt it was my duty to do so. Before the election, I—or, rather, my colleague Nick Gibb—had said that financial close was likely to be the cut-off point, and that guided our thinking, but we wanted to interrogate those assumptions, look at what was happening on the ground and see what the consequences would be. At no stage did any official say to me, "Delay this announcement." It is also the case, as the Permanent Secretary mentioned, that no one said to me explicitly that the information should be validated at local authority level. And it is also the case that I and my officials were assured that the information was being double and triple-checked. As the Permanent Secretary has acknowledged, with the benefit of perfect 20:20 hindsight we can acknowledge that mistakes were made, but I just want to stress that my officials were diligent in ensuring that the list was checked, and used their best efforts and offices to ensure that the list was checked. Ultimately, however, the responsibility is mine. One reason why I made the statement that I did to the House of Commons is that I believe that when things go wrong, the responsibility is the Secretary of State's to acknowledge; that is why I made the apology that I did.

  Q30 Liz Kendall: Do you think that if you had taken the decision about the different criteria—financial close, not financial close, and the sample projects—with more of a gap between the decision and when the announcement was made, there would have been sufficient time to do more accurate validation? Do you regret taking the decision so closely before the announcement?

  Michael Gove: Actually, as far as I know, the significant error that relates to Sandwell was about a misclassification, which did not come within any of those categories. It was the case that, at different stages, the category into which schools would be sliced remained the same, so ultimately you can say that schools are going ahead in this category, or that they are not going ahead in this category, but the category in which schools rest did not change.

  Q31 Conor Burns: Mr Bell, can I start with you? When, as Permanent Secretary of the Department, you were looking at the possibility of a change of government and looking at statements being made by Opposition spokespeople, you would have been under no illusion that they did not have clearly worked-out ideas. Did you have conversations with Mr Byles about preparations for what would happen to BSF in the event of a Conservative Government?

  David Bell: Yes, we were talking for quite a period before the election, and the Secretary of State, then in opposition, was talking to a number of the Department's non-departmental public bodies. We had begun to speculate, but I think that it is fair to say that in those pre-election conversations, we could go only so far. First of all, we did not necessarily know that all that we were being told was going to be the complete picture—policies change in opposition. Also, to be fair, those who were in opposition at the time did not have all the information at their disposal. I think that it is just the nature of the pre-election period that we all work with imperfect information, in a sense. But yes, we were clear that particularly the Conservative party in opposition had some pretty radical changes in mind for BSF.

  Q32 Conor Burns: One of the things that slightly surprised me yesterday in the evidence that Mr Byles gave us was that he talked about how he had prepared a large number of lists on a variety of criteria, and that they were clear about what was at financial close or what was at close of dialogue. This was a very professional, but very complex, organisation. With the level of run-in to this, were you surprised that there were as many mistakes as there were in the information that was supplied to you?

  David Bell: Some of the mistakes were the responsibility of the Department in passing information over to Partnerships for Schools. I have to be clear about that, for the avoidance of doubt. As Mr Byles said yesterday, and as I have said this morning, the sorts of errors that we were talking about were in the main to do with the name of the school, for example, opening and closing decisions and timetables. I think that he used the word "fluid" yesterday, and I think that the list was of that nature. In the end, we were all disappointed that we did not get the list right for the Secretary of State, and it was really important in those circumstances for me to apologise to the Secretary of State for the list not being as accurate as it should have been, because that put him in an invidious position when he stood up in the House of Commons.

  Q33 Conor Burns: Secretary of State, I wonder whether I might just probe a little with you about what the shadow Secretary of State said to us yesterday. There was a very clear exchange between you and him in the House of Commons on 11 January about the capital programme and the outgoing Government's potential 50% reduction. The shadow Secretary of State told us yesterday that he had had exchanges by letter with the then Chief Secretary, and I understand that he returned to the Department to look at that correspondence; he told us that BSF would pretty much be exempt from that 50% reduction. I'd like to put the same thing to you that I put to him yesterday. Anecdotally, what I was finding in the run-up to the election is that the pace of sign-off of schools that had completed all the necessary paperwork had decreased significantly, and there was a suspicion that a lot of the promises wouldn't be delivered regardless of which party won the election. There seemed to be a marked decrease in the pace of closure. Do you share my suspicion that, perhaps regardless of the outcome of the election, many of the promised schools would have fallen victim to the economic circumstances that we are in?

  Michael Gove: I do. Ultimately, it is a matter of political contention. You mentioned, and I mentioned earlier, that the previous Chancellor had committed to a 50% reduction in capital expenditure overall, but the previous Government—understandably, given that an election was looming—hadn't specified any capital project that would end. A question mark was therefore hanging over every capital project. I am sure that the previous Secretary of State, had his Government been re-elected and had he been put in that position, would have fought tenaciously for his budget—but so would other Secretaries of State. I am sure that the Chancellor would have taken a view. We know that there were a number of occasions in the run-up to the last election when the previous Secretary of State and the previous Chief Secretary were in dispute about exactly what should be said about the education budget. It was confirmed in a letter from the Permanent Secretary to the previous Secretary of State that the extent of end-of-year flexibility—basically, the capacity to use underspends in other Departments to fund spending in your own Department above the baseline—that the Department for Education wanted to use was a matter of discussion between the Treasury and the Department. You had a situation where the Treasury was not entirely happy with the level of end-of-year flexibility that the Department for Education had. On top of that, you had £155 billion deficit. And on top of that, you had a promise to cut capital expenditure, with no detail being provided. The logical thing to presume is that, somewhere along the line, school capital expenditure would have been constrained and if Building Schools for the Future went ahead in its entirety, the consequence would have been that the amount of school capital elsewhere would have been cut. One of the documents that I had on my desk when I came in was a report from the Office of Government Commerce that said the most critical issue in relation to schools capital was the pressing need for an increase in places for primary school pupils.

  Q34 Conor Burns: Can I lastly ask you to give some advice to schools going forward? If I may say so, from your point of view I think this has been a bit of a PR disaster, because the impression is that you are ending all school building, when the reality is that you have just cancelled Building Schools for the Future. You have cancelled a programme, not ended the opportunity for schools to carry on and, hopefully, improve themselves. Last Friday I visited the Kings school in the north of my constituency, which will become an academy in September in partnership with Canford private school—they are going to introduce a house system and all sorts of other things. The Kings school is in a very poor part of Bournemouth. The head teacher said to me, "Building Schools for the Future is gone. What do we do now?" What is your message of advice to schools across the country that had been given hope by the last Government and are now looking to you and asking, "How do we approach you to improve our schools in future?"

  Michael Gove: When it comes to PR, I am a fan of the view of the last Prime Minister, who said that other people could be keen on PR; he would concentrate on policy. But I do take your point. An impression has been created that ending Building Schools for the Future means there has been an end to schools capital overall, because so much rhetorical hype was invested in BSF by the previous Government. As you know, Building Schools for the Future was only a third of capital investment overall in schools and, in fact, by ending this bureaucratic scheme, we make it easier to allocate capital to schools in the future. As the Chairman teased out in the first set of exchanges, one of the things we want to do—this was reinforced by subsequent questions—is ensure that there is more money, particularly for primary schools and schools in dilapidation, than might otherwise have been the case. In terms of expectation management, we are going to go through a very difficult period in the next public spending process. We all need to recognise that the extent of expenditure sustained by borrowing that the last Government were carrying through in the run-up to the last election was unsustainable. In that sense, we do need to correct certain expectations. You are also right that it is important that we communicate to schools, parents and pupils that capital investment in schools will continue. The most important things as far as I am concerned are meeting that need for new pupil places and dealing with those buildings in the worst condition.

  Chair: I'm going to move on to Damian now. This is a fascinating session, but time is flying by, so if we could have short, sharp questions and—

  Michael Gove: Briefer answers—

  Chair: Briefer answers, we will move along effectively.

  Q35 Damian Hinds: Secretary of State, following on from Conor's questions, in terms of future capital, there is obviously the capital expenditure review, which reports at the end of the calendar year, whereas the spending review overall is in October. How do you expect those two things to interact?

  Michael Gove: I have asked the capital review to produce an interim report, which can feed into the comprehensive spending review. There will be some preliminary findings to help them form the comprehensive spending review. Once we have the comprehensive spending review, we will know what the pot of capital is, and then, once we have the capital review, we will know how we can use that money as effectively as possible.

  Q36 Damian Hinds: Also following on from Conor's question about a school in his constituency—I have one in my constituency as well of course, Mill Chase school in Bordon—in broad terms, on the process, whatever the eventual criteria that the review team come up with and whatever the cash limits and so on, there is presumably going to be a change in criteria, because we have talked about dilapidations and so on, but also a move away from area-wide applications. Potentially, you could have some schools in an area effectively competing for the cash-limited overall CapEx pot with non-local authority free schools. How does the process evolve and who do schools make their case to for capital allocation?

  Michael Gove: What we are seeking to do is to make the process simpler. In many cases, capital will either be going straight to schools or straight to local authorities, but we want to be cutting out the middle man as it were. Of course, schools and local authorities will make their case. We will set up some criteria, which we hope to make as transparent and rules-based as possible. However, the reason why we brought people who have local authority and business experience into the capital review is that I don't want to prejudge that process. Everyone who is involved in the process of the capital review has said to me that they know that they can reduce costs and make the process simpler. I am holding them to that.

  Q37 Damian Hinds: Without prejudging, obviously, in the future phase, it will be necessary to do more with less. You have identified some things that you expect to find cost savings in—for example, in more modular design, better procurement or reforming the whole LEP process. In what other areas do you expect to find savings? For example, when you read the figure of £1,675 per pupil spent on IT and the Building Schools for the Future project, that seems an astronomical number. I wonder which things you expect—not to prejudge—to find savings in.

  Michael Gove: In a way, one of the broader things that we are doing in education reform overall is to institute a series of changes which will help ensure that professionals take more control over spending, so that they decide how to use resources more effectively. Recently, I was struck when reading an interview with the superintendent of education in Edmonton in Canada about a point he made: once you have devolved decision-making power and once people are spending money for their own school in their own way, they get better value for money. That point has been made to me by a variety of sixth-form college principals and other head teachers. So if you take IT, I think as a country we spend more on IT in schools than almost any other nation, but many of our teachers and parents might wonder whether we are getting the best value. I have been engaging with a number of organisations, from Apple through to Pearson and Microsoft, and talking to them about what we need to do in IT. One of the points that they made to me is that a little less investment in hardware and a little more investment in people is what is required. If we want to make the best use of information technology, we need to have teachers and other professionals in school who are confident about how to use sophisticated technology and about how to make best use of it in the classroom and elsewhere. It is in keeping with the broader principle that I tick as well. When I made my announcement on 5 July, it was regrettable that we had to pause school building projects. But one of the other points that I sought to make then is that the area of principal investment that I would like to see is teaching. The single most important thing in education is improving the quality of the educational experience for each child by investing in higher-quality teaching. The one thing that all international evidence reinforces in my mind is that there is simply no way of generating educational improvement more effectively than by having the best qualified, most highly motivated and most talented teachers in the classroom. Everything should be driven by that. If you get truly qualified and talented people in, they will know the IT decisions they need to make in order to improve education.

  Q38 Chair: Before I come to Charlotte, may I ask you, Secretary of State, about appointments and pre-appointment hearings? The Chancellor has agreed that the Treasury Committee should have a right of veto on the appointment of the head of the Office for Budget Responsibility. Do you think that a similar right of veto is necessary for the small number of key posts for which other select committees, including this one, carry out pre-appointment hearings?

  Michael Gove: With permission, Chairman, I am very keen to explore that with the Committee. There are certain key appointments that Parliament should have a say in. Your predecessor Committee took a view on the appointment of the Children's Commissioner, with which I had some sympathy. The individual concerned is now carrying out her duties very professionally, but that is not the point in a way. The point is that there was a process in place, which I felt was ridden roughshod over. I would like to work with you to identify those posts that you—Parliament's representatives—believe should be subject to pre-appointment hearings. If there are positions and appointments that the Department makes that you believe should be subject to that process, let's discuss it. I do not want to set limits on that process, nor do I want to say at this stage what I think your role should be. You might want to argue strongly that you should have veto power over some posts and others where you might argue that the role you should play should be slightly smaller. Let's discuss that.

  Chair: Thank you, Secretary of State; we will return to that.

  Q39 Charlotte Leslie: I want to ask broadly about departmental spending and priorities. First, as I understand it, BSF is a mechanism for capital spend, as opposed to capital spend itself, which has already been raised. Part of the reason there has been so much concern about the cancellation of BSF is that it was seen as a way of targeting disadvantage in schools. I do not want to prejudge the capital spending review, but will you explain and clarify how moving ahead with capital expenditure will tackle disadvantage? Some of the concerns raised have been based on a perception that capital spend will no longer target disadvantage in the way that BSF did. Will you clarify how disadvantage will be the target of capital spend?

  Michael Gove: I think that it is debatable to what extent BSF effectively targeted disadvantage. There were some areas of the country where there were clear problems. Children from poor backgrounds were being educated in poor circumstances and BSF was not addressing that. That is the first thing. The second thing is that the evidence that I have seen shows that, if you educate children in very poor circumstances, that undoubtedly has an impact on their education. However, there is a lesser return to value on investment once you pass a certain point. If children are being educated in dilapidated surroundings with inadequate materials, you have got to address that. However, when you move from good buildings to great buildings, as it were, that additional investment is not necessarily the most cost-effective way of using education pounds in order to transform children's achievement. The most cost-effective way—and this reflects what Mr Hinds was asking—is to invest in teaching and learning. When it comes to capital allocation overall, I stress dilapidation; I stress basic need, and I mentioned earlier that one thing that guides us in all areas of spending is disadvantage. To my mind, a more promising area is the pupil premium: the idea that if we identify the most disadvantaged children, wherever they are in the country, we give the schools that educate them more cash, so that they can invest in one-to-one or small group tuition; Saturday or after-school lessons; or hiring specialists in particular areas to stretch them. I entirely accept that, when it comes to future capital allocation, disadvantage is a feature we will have to look at. I do not want to think that capital is always the route to addressing disadvantage; I want to ensure that we look at how we improve teaching.



 
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