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Lord Morris of Castle Morris: I find the Government's long and careful response totally unsatisfactory. At one point I thought we were getting somewhere when the noble Lord, Lord Skidelsky, was speaking to both Amendments Nos. 39 and 66 under one heading. He was right; the two amendments are a package and the Minister responded to them in that way.
The amendments set out a common principle across the county, voluntary and grant-maintained sectors in relation to areas where the publication proposals do not apply. They are two amendments rather than one simply because of the structure of the Bill. Amendment No. 39 deals with the county and voluntary sectors; Amendment No. 66 deals with the grant-maintained sector and is consequential upon it.
Just as the consultation duties in the Bill are identical, so are the proposed new duties on the admissions authority or governing body to notify parents and others the same. The consequences under the amendments are also the same in either sector, where, but for the Bill, proposals would fall under the tried and tested publication procedure. It is for those reasons that I feel these amendments are too important to leave undecided and I must ask the Committee to express an opinion.
On Question, Whether the said amendment (No. 39) shall be agreed to?
10.26 p.m.
Acton, L.
Addington, L.
Alderdice, L.
Archer of Sandwell, L.
Baldwin of Bewdley, E.
Beaumont of Whitley, L.
Berkeley, L.
Blackstone, B.
Blease, L.
Borrie, L.
Calverley, L.
Carmichael of Kelvingrove, L.
Carter, L.
Castle of Blackburn, B.
Chandos, V.
Cledwyn of Penrhos, L.
Clinton-Davis, L.
Cocks of Hartcliffe, L.
Currie of Marylebone, L.
Dahrendorf, L.
David, B.
Dean of Beswick, L.
Dean of Thornton-le-Fylde, B.
Desai, L.
Donoughue, L.
Dormand of Easington, L.
Dubs, L.
Eatwell, L.
Ezra, L.
Falkender, B.
Falkland, V.
Farrington of Ribbleton, B.
Gallacher, L.
Gladwin of Clee, L.
Gould of Potternewton, B.
Graham of Edmonton, L. [Teller.]
Gregson, L.
Grey, E.
Hamwee, B.
Hanworth, V.
Harris of Greenwich, L.
Haskel, L.
Hayman, B.
Healey, L.
Hilton of Eggardon, B.
Hollick, L.
Hollis of Heigham, B.
Holme of Cheltenham, L.
Hooson, L.
Howell, L.
Howie of Troon, L.
Jay of Paddington, B.
Jenkins of Hillhead, L.
Judd, L.
Kilbracken, L.
Kirkhill, L.
Kirkwood, L.
Lester of Herne Hill, L.
Lockwood, B.
Lovell-Davis, L.
McIntosh of Haringey, L.
McNair, L.
McNally, L.
Mallalieu, B.
Mar and Kellie, E.
Mason of Barnsley, L.
Merlyn-Rees, L.
Meston, L.
Methuen, L.
Milner of Leeds, L.
Monkswell, L.
Morris of Castle Morris, L.
Murray of Epping Forest, L.
Ogmore, L.
Paul, L.
Perry of Walton, L.
Peston, L.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Prys-Davies, L.
Ramsay of Cartvale, B.
Rea, L.
Redesdale, L.
Richard, L.
Ripon, Bp.
Rochester, L.
Rodgers of Quarry Bank, L.
Rogers of Riverside, L.
Russell, E.
Serota, B.
Sewel, L.
Shepherd, L.
Symons of Vernham Dean, B.
Taylor of Gryfe, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Tope, L. [Teller.]
Tordoff, L.
Varley, L.
Wallace of Saltaire, L.
Warnock, B.
Wedderburn of Charlton, L.
White, B.
Whitty, L.
Wigoder, L.
Williams of Crosby, B.
Williams of Elvel, L.
Williams of Mostyn, L.
Winston, L.
Young of Dartington, L.
Addison, V.
Anelay of St. Johns, B.
Annaly, L.
Astor, V.
Astor of Hever, L.
Balfour, E.
Belstead, L.
Berners, B.
Birdwood, L.
Blatch, B.
Brabazon of Tara, L.
Bridgeman, V.
Brigstocke, B.
Brougham and Vaux, L.
Burnham, L.
Butterfield, L.
Byford, B.
Cadman, L.
Carnegy of Lour, B.
Carnock, L.
Chadlington, L.
Chesham, L. [Teller.]
Clanwilliam, E.
Clark of Kempston, L.
Coleraine, L.
Coleridge, L.
Courtown, E.
Cranborne, V. [Lord Privy Seal.] Cross, V.
Cumberlege, B.
Dean of Harptree, L.
Denton of Wakefield, B.
Dilhorne, V.
Dixon-Smith, L.
Eccles of Moulton, B.
Feldman, L.
Geddes, L.
Goschen, V.
Hanson, L.
Harding of Petherton, L.
Harris of Peckham, L.
Hayhoe, L.
Henley, L.
Hogg, B.
HolmPatrick, L.
Hooper, B.
Howe, E.
Kitchener, E.
Laing of Dunphail, L.
Lindsay, E.
Liverpool, E.
Long, V.
Lucas, L.
Lucas of Chilworth, L.
Lyell, L.
McColl of Dulwich, L.
Mackay of Ardbrecknish, L.
Mackay of Clashfern, L. [Lord Chancellor.] Mackay of Drumadoon, L.
Macleod of Borve, B.
Marlesford, L.
Massereene and Ferrard, V.
Mersey, V.
Miller of Hendon, B.
Mottistone, L.
Mountevans, L.
Mowbray and Stourton, L.
Northesk, E.
O'Cathain, B.
Palmer, L.
Pearson of Rannoch, L.
Peel, E.
Pender, L.
Pilkington of Oxenford, L.
Rees, L.
Rotherwick, L.
Rowallan, L.
Saatchi, L.
Seccombe, B.
Skelmersdale, L.
Skidelsky, L.
Soulsby of Swaffham Prior, L.
Stewartby, L.
Strathclyde, L. [Teller.]
Thomas of Gwydir, L.
Trumpington, B.
Tugendhat, L.
Ullswater, V.
Wakeham, L.
Wharton, B.
Wilcox, B.
Wise, L.
Wynford, L.
Young, B.
Resolved in the affirmative, and amendment agreed to accordingly.
10.35 p.m.
The Lord Bishop of Ripon moved Amendment No. 40:
After Clause 2, insert the following new clause--
(". After section 41 of the Education Act 1996 there shall be inserted--
"Change in character of primary school relating to nursery education.
41A.--(1) Subject to subsection (2), references in section 41 to a significant change in the character of a school do not include, in the case of a primary school, any change resulting only from persons beginning or ceasing to be provided with full-time or part-time education suitable to the requirements of junior pupils who have not obtained compulsory school age.
(2) Where the governing body of a primary school propose to make a change which, by virtue of subsection (1), is not a significant change in the character of the school they shall--
(a) before implementing their proposals carry out such consultation (if any) as appears to them to be appropriate and in doing so shall have regard to any guidance given from time to time by the Secretary of State, and
(b) where the school is a Church in Wales school, a Church of England school or a Roman Catholic school, before implementing their proposals obtain the consent in writing of the appropriate diocesan authority.
(3) In this section "appropriate diocesan authority" has the meaning given by section 311(1).".").
The right reverend Prelate said: In moving this amendment, I should like also to speak to Amendment No. 218. I must take a moment of the Committee's time to explain what lies behind these amendments. When I spoke to Clause 4 at Second Reading, I made the point that voluntary schools might possibly wish to obtain a similar power to that which was being given to grant-maintained schools under this clause. This clause enables grant-maintained schools other than those requiring special measures, to add or remove nursery, sixth form or boarding provision without having to publish statutory proposals or seek central approval.
When I spoke at Second Reading on this matter the Minister was not dismissive of this suggestion, but he made the point that the Roman Catholic Church might not be so supportive of my suggestion as the Church of England. I have consulted with the Roman Catholic Church and the proposal that comes before the Committee in this amendment has the strong support both of the Church of England and the Roman Catholic Church. It is an amendment that does not touch either sixth form or boarding provision, but only nursery education. It is in the form of an additional section to Section 41 of the Education Act 1966, which sets out the conditions under which voluntary schools may make proposals for the establishment of new proposals for the school, including making,
The amendment which we are considering excludes from that significant change in character any reference which refers only to those under compulsory school age. It requires a governing body which proposes to make such a change to carry out consultation. It does not have to go through the statutory procedure, nor does it have to apply to the Secretary of State, but the consent of the appropriate diocesan authority must be obtained.
There are two technical points here. The new Section 41A, which this amendment seeks to insert into the Education Act 1996, contains in subsection (3) an interpretative provision for the expression "appropriate diocesan authority". I have quoted earlier in Committee exactly what that provision is. Section 41 does not contain an interpretative provision for a Church in Wales, a Church of England or a Roman Catholic school. So this amendment is adding clauses to the Education Act, whose provisions concerning defined expressions will apply.
Section 580 of the Act contains an index and in that the Church in Wales, Church of England and Roman Catholic schools are defined for the purposes of the Act. However, for some reason "appropriate diocesan authority" is defined only for the purposes of Part III of the Act, whereas this new clause is added to Part II. Hence it is necessary to include in this amendment a reference to "appropriate diocesan authority". Amendment No. 218 is simply a consequential amendment.
When I spoke at Second Reading I made the point that I did not wish to drive any wedge between county schools and voluntary schools. We value our partnership with LEAs, at both national and local diocesan level. However, with regard to the establishment of nursery provision, the voluntary schools are disadvantaged. They will be heavily disadvantaged in relation to grant-maintained schools, but they are already disadvantaged in relation to county schools. If LEAs wish to add a nursery class to a county school, they are required to follow the statutory publication procedure, but they will have been able to commit the necessary finance before they do so. Therefore, as soon as the publication procedure is completed, those schools will be able to implement the proposals. Moreover, in most cases where there are no objections, the proposals for a county school do not have to be approved by the Secretary of State.
In contrast for voluntary schools, governing bodies which wish to add a nursery class must publish proposals which have to be approved by the Secretary of State. In that sense, there is an additional hurdle to go through and the particular difficulty is that the publishing of proposals and the gaining of approval by the Secretary of State take a long time. The schools have to obtain funding - and that is far from easy given the department's priorities for capital grants. Often where funding is available the voluntary schools cannot take advantage of it because they are burdened by that cumbersome statutory procedure. It sometimes happens that towards the end of the year there is spare money in the minor works allocation. It takes so long that by the time the procedure is completed, the year end has passed and the money is no longer available.
In this particular regard, the voluntary schools feel disadvantaged. They frequently lose pupils to a county school which is able to have a nursery class where a voluntary school finds itself unable to do so. I hope that the Minister will continue to listen sympathetically to this case. I shall be most interested to hear his response.
"a significant change in the character of a school".
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