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Baroness Seccombe: My Lords, I am speaking to the amendment as I moved it in Committee and on Report.
I am extremely disappointed, and despite the eloquent argument from honourable friends in another place, it seems sad that the Government were unable to accept a small amendment. After your Lordships made the decision and sent the issue back to the Commons, the governors, teachers, pupils and everyone else in the community was thrilled. That joy will now turn to sadness. A system which had been in place since Elizabethan days and had served the community well, making a centre of excellence, will now be disallowed. The Government have been mean and heavy handed in their rigidity. They think that they know best. I see it as a sad day for local democracy. However, I do not wish to push the matter further.
Baroness Blatch: My Lords, I wish to refer to something that was said in the Commons. Will the noble Baroness, Lady Farrington, say whether I am breaking the rules?
Baroness Farrington of Ribbleton: My Lords, I am not aware that there is a direct written rule. I think that it is unusual for two people to speak from the Front Bench on the same issue, but I stand to be corrected.
Baroness Blatch: My Lords, I look to the Clerk for advice. I do not believe that I am breaking any rule.
I believe that any person in the House is free to comment on what was said in another place when considering these amendments.
Baroness Farrington of Ribbleton: My Lords, I was relying on advice given by the noble Lord, Lord Henley, when I was on the Bench now occupied by the Opposition.
Baroness Blatch: My Lords, I have no wish to break the rules of the House. I wait to be advised. I understand that I am in order.
I rise to defend my noble friend Lady Seccombe. In another place the Minister of State for Education said at col. 467 of the Official Report that he rejected the Lords amendment as it was "wrong-headed and foolish". I do not believe that my noble friend was being foolish. Nor do I believe that the House was being foolish when it passed the amendment. The school to which I refer goes back to medieval times. Two small schools shared a site for a long time, with a single governing body. It was only through the constraints of the site that the school became a separate infant and junior school. They continued with a single governing body. The Minister said:
- "[The amendment] fails to recognise the important role that school governors play in raising standards; not the old approach that governing bodies used to have, but the new approach outlined in the Bill, giving every governing body the responsibility to raise standards".--[Official Report, Commons, 15/7/98; col. 467.]
I understand that this governing body is as responsible for raising standards in one part of the school as in another. It accepts that full responsibility. If Ofsted or some external body found it wanting in its responsibilities, it would be culpable and would accept that responsibility. However, to my knowledge it is an excellent school. It has never fallen down on the job and its primary responsibility is to raise standards in both parts of the school.
The noble Baroness, Lady Blackstone, raised the issue of action zones. That has been a criticism. The noble Baroness said that where governing bodies of schools in action zones cede their powers to another body, they do so voluntarily. That is precisely what that school is doing. The two schools wish to have a single governing body. The schools have ceded voluntarily to one governing body. In their wisdom, the Government have decided that they would prefer to second guess what that school wants. In rejecting the amendment the Government have come to the conclusion that they know best for that school.
During the previous amendment, the noble Baroness talked about flexibility, local decision-making and democracy. The rejection of the Lords amendment flies in the face of flexibility, local democracy and local decision-making. That is a great pity.
However, I spoke primarily to defend my noble friend and the majority of the Members in this House who voted for the amendment: that they were neither foolish nor unwise in determining that amendment.
Baroness Blackstone: My Lords, I have given a number of reasons why the Government object to the amendment. Those objections were put to another place and were fully endorsed last week. I must now ask this House to agree with that view and support the Government. I therefore ask the House not to insist on their amendments to which the Commons have disagreed.
On Question, Motion agreed to.
43
After Clause 38, insert the following new clause--
("Grouping of community, voluntary aided, voluntary controlled and community special schools under a single governing body
.--(1) A local education authority may resolve that any two or more community, voluntary aided, voluntary controlled and community special schools maintained by them shall be grouped for the purposes of this Chapter.
(2) Where any schools are grouped under this section, they shall--
(a) be treated for the purposes of this Chapter as a single school; and
(b) have a single governing body constituted under a single instrument of government.
(3) A group shall be treated for the purposes of this Chapter--
(a) as a voluntary aided school, if it contains at least one voluntary aided school;
(b) as a voluntary controlled school, if it contains at least one voluntary controlled school and paragraph (a) does not apply;
(c) as a community special school, if it consists only of community special schools; and
(d) as a community school, if none of paragraphs (a) to (c) applies.
(4) In this Chapter--
"group" means two or more schools grouped under this section; and
"grouped school" means a school which forms a part of a group.
(5) Any reference in any enactment to the governing body or governors of a school shall be construed, in relation to any grouped school, as a reference to the governing body or governors of the group.").
The Commons disagreed to this amendment for the following reason--
43A
Because each of the schools concerned should have its own dedicated governing body to oversee standards at the school.
44
After Clause 38, insert the following new clause--
(".--(1) Subject to subsection (2), a local education authority shall, before resolving to group any schools under section (Grouping of community, voluntary aided, voluntary controlled and community special schools under a single governing body), obtain the consent of the Secretary of State to the proposed grouping. (2) The Secretary of State's consent is not required if--
(a) the group will consist only of two primary schools;
(b) both of the schools serve substantially the same area;
(c) neither of the schools is a special school (as defined in section 337 of the Education Act 1996); and
(d) where they are in Wales, there is no significant difference between them in their use of the Welsh language.
(3) Where--
(a) two primary schools have been grouped in circumstances in which, by virtue of subsection (2), the Secretary of State's consent to the grouping was not required, and
(b) a change of circumstances occurs such that a proposal to group those schools made after that change would require his consent,
the local education authority shall obtain his consent to their continuing to be grouped.
(4) The Secretary of State may give his consent to any grouping (or continued grouping) of schools subject to such conditions as to the duration of the grouping as he sees fit to impose.
(5) Any dispute as to whether, for the purposes of this section--
(a) two primary schools are to be regarded as serving substantially the same area, or
(b) there is any significant difference between two primary schools in their use of the Welsh language,
shall be determined by the Secretary of State.").
The Commons disagreed to this amendment for the following reason--
44A
Because each of the schools concerned should have its own dedicated governing body to oversee standards at the school.
45
After Clause 38, insert the following new clause--
(".--(1) A local education authority shall not pass a resolution under section (Grouping of community, voluntary aided, voluntary controlled and community special schools under a single governing body) applying to a voluntary school without first obtaining the consent of the school's governing body.
(2) A local education authority shall not pass a resolution under section (Grouping of community, voluntary aided, voluntary controlled and community special schools under a single governing body) applying to a community or community special school without first consulting the school's governing body.").
The Commons disagreed to this amendment for the following reason--
45A
Because each of the schools concerned should have its own dedicated governing body to oversee standards at the school.
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