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Lord Carter: My Lords, I have only just read the quotation that says that the noble Baroness, Lady Blatch,


Lord Baker of Dorking: My Lords, it did not seem so, I can assure the noble Lord. I was up night after night after night. We had a huge Report stage and a long period for Lords amendments. But the noble Lord will have to do quite well to improve upon what we did, let me assure him of that. The other extraordinary aspect is that the Welsh clauses of the Bill were not debated at all. That was an inverse victory for devolution.

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I shall speak first about the 14 to 19 curriculum. I welcome the relaxation of the national curriculum for some 14-year-old pupils. Noble Lords might think it strange that I, the author of the national curriculum, should say that. However, I advocated that change some five years ago. By the age of 14, many pupils have decided where their interests lie in education. At the age of 11 that is often not at all clear, so that is not a good age at which to transfer children. Fourteen year-old children can make much better decisions on whether they wish to pursue an academic or a more vocational education. I welcome, therefore, the proposals that there should be a relaxation in respect of certain pupils.

However, the Bill does not go far enough. I do not want the relaxation to be a cop-out in favour of easy studies. The Government should devise a new system for 14 to 19 education that enables a 14 year-old pupil who gives up certain subjects to enter into a contract that will ensure that he or she continues in education and work from 14 to 19. There should be a rebirth of the old form of apprenticeship. In addition, I hope that the Government will decide to give big support to the sort of vocational training that society needs: electrical engineers, motor mechanics, electronic engineers, computer programmers, plumbers, electricians, carpenters, agricultural and horticultural workers. I would welcome a move by 14 year-olds into those vocational studies. Please may they not find it too easy to do such courses as media studies, peace studies, third world studies or other forms of social studies, all of which are fascinating and interesting, but are neither intellectually demanding nor likely to lead to a job. The Government have a good deal more to do in respect of the relaxation of the curriculum for 14 year-olds.

I welcome the Government's U-turn on exclusions. The previous Secretary of State, on coming into office, said that he would make it more difficult for governors and teachers to exclude unruly children, on the basis that once excluded, they are in an even greater mess, so one should try to keep them in mainstream schools. Fortunately, and correctly, that policy has been changed. It is welcomed by the teachers' unions, head teachers and teachers, because the capacity of an unruly child to disrupt the rest of a class's education should not be tolerated—it is as simple as that.

That change in itself is not sufficient. The Government will probably realise that, as a result of the inclusion of this clause, there will be more exclusions. Excluded children are usually provided with a pattern of home tuition, which can be good, but is often inadequate. The Government must be much more positive in this regard. Anyone in the education world will say that one can detect whether children will be unruly and difficult during their primary ages, usually between five and eight. Endless education studies prove that to be the case. Much more intervention is needed at an early age. When one is considering excluding a 12 or 13 year-old boy or girl, one is dealing with someone with set behaviours of disobedience and unruliness. There is a need to devise

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a system that involves much greater scrutiny of children between the ages of five and eight, whereby they can moved into special schools.

There are a few of those schools in our country, including a very good one in north Oxford. They deal with very difficult children with behavioural problems, who have perhaps attacked a fellow pupil, stabbed a teacher or who simply shout out all the time. Pupils attend those schools for various reasons: psychological disturbance, a physical impediment, a lack of parental control or the fact that they behave in unruly ways with their peers. Those children should be identified and sent to such schools, not for life, but until they have been taught the lessons of integration, as happens at the school in north Oxford to which I referred. The Secretary of State and education Ministers must realise that that is their obligation.

I have misgivings about the Bill's proposals on faith schools. When I was Secretary of State, I visited several exclusive Muslim and Jewish schools—I do not believe that there were Sikh schools during my time. They were independent schools. Some were very good, some barely adequate, and others appalling. I was asked sometimes, not very strenuously, whether those schools could be state-maintained. I always turned down those requests, as did my successors in Conservative governments until 1997. I did that because the Butler settlement of the 1944 Act was essentially a religious settlement that, I believe, settled the position not for the foreseeable future but for ever. So, I did not welcome the idea of establishing new faith schools.

The Labour Government coming into power in 1997 decided to change that policy. I am unsure why they decided to change it to provide for new faith schools because, during all my years in the Commons, I do not remember any major debate being initiated by the Labour Party in favour of faith schools. An element in the Labour Party was always strongly opposed to faith schools. The humanist element of that party believed that all education should be secular, and another element opposed selection anyway. Therefore, the matter never came on the agenda. In 1997 the policy was changed, and the Secretary of State decided to accept proposals to convert independent faith schools to state-maintained faith schools. It was suggested to me last week that that has nothing to do with education, but with the positioning of marginal seats in inner-city areas.

I see that someone on the Benches opposite is nodding. I did not intend to be so ungenerous to the Labour Party, because I am feeling generous today. However, in the debate in the House of Commons, several Labour MPs who spoke, and who came from inner cities with large immigrant communities, were opposed to faith schools. For whatever reason—perhaps they simply gave in too easily to the arguments—they decided to open up the lists for new state schools. I am not against Church schools; I went to one. My primary education was conducted at Holy Trinity School in Southport, which was a wonderful

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Victorian redbrick school, next to a Victorian redbrick church, "a three-decker", as the noble Baroness, Lady Sharp of Guilford, said. That school gave me an excellent education, as noble Lords can see. Therefore, I am not opposed to the concept of Church schools, but my school was an Anglican Church school, which today would be called a voluntary controlled school. It was a relaxed, inclusive school.

My closest friend at that school was a young Jewish boy, and I remember that he took me back to his flat, where his mother explained to me how they prepared meat, the candles and the celebrations of religious observance. I would never have understood that if that boy had attended a separate Jewish school. My attitude to toleration probably began with those thoughts and experiences. Religion was not thrust down. We were taken to church twice a year, during Easter week and Christmas week. We started the day with a hymn and a prayer. Most schools in those days would have started with a hymn and a prayer or some sort of song. That school had what was the attraction of being an Anglican. There was forbearance, acquiescence, tolerance, an absence of fervour, enthusiasm was constrained and there was a commitment but not a crusade. Those are the elements I find attractive in Anglicans. That attitude permeated most Church primary schools and still does.

So I would have kept those things as they are. I feel that, with the creation of new faith schools, there will be a move towards exclusion. I know that the movement which the noble Lord, Lord Dearing—my very dear friend Lord Dearing—supports says that the 100 Christian schools he wishes to establish will be inclusive. I am sure that that will be the intention. However, I cannot help feeling that such will be the enthusiasm in the communities for those 100 schools that they may be overwhelmed by applications from Christian parents to take up the places. I am sure that Muslim parents will want to see their children attend Muslim schools for very good reasons—so that they are not only taught about the Koran and Islam, but also about the habits and behaviour in Muslim life. They will also learn that the Islamic religion is a religion of peace, forbearance and tolerance, which are good lessons to learn.

I am not against all of that. But I cannot help feeling that it will be difficult for children who are non-Muslims to attend schools which have such a strong ethos. Indeed, in the debate in the House of Commons, the two Asian Members of Parliament who spoke—Dr Kumar and Mr Khabra—were both against new faith schools.

I appreciate, as the noble Lord, Lord Dearing, said, that he wants the new faith schools to be inclusive. There is an easy way to achieve that, though it is a little technical. There are two types of faith school: voluntary aided and voluntary controlled—the school that I attended must have been a voluntary-controlled school—the difference being that in a voluntary-aided school the governing body is controlled by the relevant religion. The governors are the employers of the teachers and the diocese can dictate 100 per cent

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preference in terms of selection. For that they contribute only 10 per cent of the cost—it was 15 per cent in my time.

The admissions policy of voluntary-controlled schools which are also faith schools does not require the intake to be 100 per cent based on their religion. Instead it reflects the normal local education procedure. That means that such schools reflect the community which they serve. Around 40 per cent of Church of England secondary schools are like that.

The test for those people who want new faith schools would be for them to be prepared to be voluntary controlled. That is the test. I hope that the noble Lord, Lord Dearing, will measure up to that test and agree.

Finally, perhaps I may say something about why I believe that that is the way we should go. Our society in the inner cities today is under enormous pressure for all the reasons that have been well documented and of which Members in this House are well aware. There is a real danger of community fragmentation. I do not say that inclusive schools will solve that overnight. The problems of housing, employment, racism and attitudes of parents are complicated and come together. But the existence of new faith schools, which will tend to be more exclusive, will tend to reinforce the tendency to parallel communities. I do not believe that that is the best way for our society to go forward over the next 20 or 30 years.

Your Lordships should appreciate that the children of those who attend the new schools will also attend them and their children's children will attend them. Is not that how the troubles in Northern Ireland started?

When I was returned as an evacuee after the war, I went eventually to St Paul's School. Dean Colet founded the school in 1509—an inspired aim when one considers that it was a time of one universal Catholic faith—for the children of all nations and all countries indifferently. Over the years that school extended admission to boys without any distinction of race, nationality or creed. That should be the ideal to which we aspire.

4.45 p.m.

The Lord Bishop of Blackburn: My Lords, following the noble Lord, Lord Baker of Dorking, I should perhaps declare that the whole of my education was in non-Church schools and the whole of my teaching career was in non-Church schools, and I think I had a very good education none the less. I hate to do battle with a former Secretary of State and correct him, but it is not right that a diocese has control over the admissions to voluntary-aided schools; that is a matter for the governing body of those schools.

However, that said, it is surely commendable that the Government seek to raise educational standards in secondary education. Although aspects of this Bill will require the most careful scrutiny in this House, from these Benches we welcome the Government's desire to promote innovation; new forms of partnership with greater flexibility in the provision of schools; and the increase of community services to be provided by

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schools. That said, we shall work with other noble Lords to ensure that decisions are taken at the appropriate level, which may not necessarily be by the Secretary of State.

We have real concerns about the number of matters which are to be dealt with by regulation rather than on the face of the Bill in primary legislation. Of course, we welcome heartily the Government's wish to build on what has been achieved in recent years at the primary level. It has been a great joy for me in the past year to share in the opening of new facilities in a whole range of primary schools in my diocese, and in east Lancashire often to share that privilege with the noble Lord, Lord Patel of Blackburn, which in itself is a symbol of the ability of faith communities to work and co-operate together.

However, that progress noted, as we debate this important Bill we must not forget the continuing and pressing need to address the pressures under which many head teachers and teachers are working this day; the need to boost their morale; to renew their sense of self-esteem as well as to promote the vocation to teaching. We must ensure that the effects of this Bill on our schools will serve to support rather than undermine dedicated teachers.

The Church of England has a long-established and continuing concern for the education and well-being of all the nation's children, and not least for their spiritual and moral education. That is enshrined in legislation by the separate committee and vote given to the established Church in the arrangements for the Standing Advisory Council for Religious Education, which seeks to regulate the teaching of that subject in the community rather than in Church schools.

Again we believe that our long experience in the provision of schools means that we have a significant contribution to make when it comes not only to the provision of schools, but also to achieving success in education. Although preparing the young for the world of work is a laudable aim, we believe that education, not least at secondary level, is about living rather than simply earning a living; about contributing to society, rather than learning how to achieve what one wants for oneself.

What is it that makes a good school? What is its "success"? Is it academic success? Is it good pastoral care and concern for the pupils? Is it the appropriate disciplinary measures? Or does it include a sense of spiritual awareness and sound moral values, for no school or education system is value free? Quality education must include all those things.

I wonder whether the Government were surprised by the way in which, in another place, their desire to improve standards in secondary education in this Bill seemed almost to be high-jacked by the debate on what are now to be called "faith schools", once termed "schools of a religious character". The powers to create such schools already exist. This Bill has little to say on the subject. Yet the debate on the issue has dominated the press. As chairman of the Church of England Board of Education I have been happy to

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engage in it, although listening to some it would appear that Church schools are responsible for most of the evils which beset urban life today.

The Secretary of State was surely right when she said in another place that Church schools were being used as scapegoats for wider and more profound concerns. Of course, the reality is that, while negative points have been made in this debate, parents are continuing to choose Church schools in this year's admissions round, and parents are not fools; they know a good thing when they see it, even if they cannot always put their intuitive feelings into words. There is anecdotal evidence to suggest that the very debate has increased the pressure for places by drawing attention to the quality of many such schools.

I believe that I should make it clear that the official policy of the Church of England has been stated recently over and again on the subject. It was reaffirmed by His Grace the Archbishop of Canterbury in the Times Educational Supplement on 11th January this year, by the General Synod of the Church of England in November 2001, and last January by the House of Bishops, that Church of England Schools should be distinctive of their Christian foundation, but inclusive in their pupil intake.

It has to be said that most of our 4,700 schools achieve that aim in rural, urban and suburban settings. Their link with the local community through the Church is often second to none. However, with only 150 secondary schools randomly located across the country we simply do not have enough places to meet parental preferences. This leads so easily to the accusation that Church secondary schools are exclusive and admit only the children of church-going parents. Surely the answer to that charge from the opponents is to call the bluff of the Church of England, and to enable it to create more secondary schools to meet local parental need, as was suggested by The Way Ahead working party, chaired by the noble Lord, Lord Dearing. We owe the noble Lord an enormous debt for this, and many other recommendations in the field of education. That would be my answer to the Member of Parliament for Harrogate and Knaresborough, who represents part of the country where, until last year, there was only one Church of England secondary school between York and Harrogate and the Scottish Border—one in whose foundation I played a part in 1972.

In their White Paper, the Government rightly saw and supported that argument. Given the number of faith community secondary schools, it really will not do to lay at the door of the Churches and of the Jewish community this charge of segregation. Church schools, like the Church itself, are multi-racial and multi-cultural. If people do not believe me, I suggest that they go and visit the Archbishop Michael Ramsey school in Camberwell, or Archbishop Tenison's School in Kennington.

In my own diocese in east Lancashire the Church primary school is often the only place in the normal course of events where Muslim and Christian

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communities, Asian heritage, and indigenous communities meet. Burnley, which is in my diocese, experienced riots last summer, but it is the one town in the diocese of Blackburn with no Anglican high school at all. Similarly, Bradford had no Anglican high schools until recently. Most of the racially-segregated schools in this country happen to be community schools, which serve particular communities or local neighbourhoods. That is just how it is.

Before we went to Lancashire, my wife was head teacher of a large, what we would today call "community", first school in Dewsbury that had nearly 400 pupils—all Asian heritage, all Muslim in faith. That was not a Church school. The history of England and Wales is not the history of Northern Ireland. It could be said that the presence of faith schools, in which the name of God is honoured and religion respected, has enabled a tolerant society to flourish in this country. Religion may, sadly, get caught up in war, but the most oppressive regimes suppressing the freedom of people in the 20th century in fact denounced faith and embraced atheism. I have in mind Stalinism, Nazism, Pol Pot, and Communist China, among others.

Surely the Government are right to say that what is permitted for Christians and Jews should also be available where need is proved for Muslims and other world faith communities. It is simply part of the ongoing development of education in our land. If they are not very careful, those opposed to the establishment of new faith schools come close to saying that the members of some world faiths cannot be trusted to run good, sound schools. Surely, in a society where independent Muslim schools are mushrooming, it would be better to invite them to come into the maintained sector and be subject to the national curriculum and Ofsted inspection. Like many others, I believe that the Government's policy on this matter is enlightened in meeting the needs of a pluralist society.

Those opposed to faith schools, and those who seek to undermine them, must address the question as to how community schools can be enabled to provide that spiritual and religious awareness that so many parents, whether or not they have faith themselves, require for their young. This question is touched upon in the helpful National Union of Teachers' briefing for this debate. My diocese has been under great pressure from other faith communities to provide places in our few secondary schools from parents who feel that, in some community schools, the very fact that their family practise a faith would be questioned, or even derided. I know that some would like to see a percentage of places for those of other faiths, or of no faith. In principle, that is not a problem for the Church of England, but it may be very difficult for schools to work out in practice—a point well made by the Catholic Education Service. It would create a new category of so-called "exclusion"; namely, have faith and, therefore, cannot be admitted to a faith school. That would be arrant nonsense.

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In welcoming the broad scope of the Bill, with its emphasis on raising standards and the professionalism of teachers, perhaps I may turn, briefly, to some of the more technical aspects of the legislation. Among our principal concerns is the need to safeguard the foundation and distinctive qualities of schools with a religious character. While understanding the need for flexibility, we have a real concern, shared with others, that too much is being left to regulations. We shall want to pursue some of those concerns in Committee.

Given our desire that Church schools should be distinctively Christian, yet committed to inclusiveness, we regard it as absolutely fundamental that the Christian foundation of our schools in the maintained sector should continue to be securely recognised in law. Therefore, with regard to the provisions under Clause 18 relating to governing bodies, we wish to provide for a foundation majority of at least two in voluntary aided schools, and for three foundation governors, or a quarter of the governing body to be foundation governors, whichever is the less, in voluntary controlled or foundation schools.

On staffing, which is dealt with in Clauses 34 and 38, we believe that the role of the governing bodies in aided schools in appointing and dismissing staff must be preserved, particularly where that relates to the safeguarding of the religious character of the school.

We welcome the proposals for federation, but we wish to ensure that the religious foundation of an individual school is not so weakened. We should seek to provide for the consent of the relevant religious authority before federation takes place. Regulations in respect of school forums should specify representation of voluntary aided schools. Again, where an "interim executive board" is established, we should like an assurance that the religious promoter is appropriately involved in its establishment. In welcoming the proposals for the inspection of independent schools, we ask that the inspection rubric includes reporting on their religious character, if they have such a foundation.

Finally, like other Christian Churches, the Church of England's whole approach in developing provision is one predicated on partnership with the local community. Therefore, we request—and would welcome—an amendment to the Diocesan Boards of Education Measure 1991 that would give diocesan boards the power to give advice to governing bodies of Church of England schools on admission policies, to which advice they must have regard. This would be in line with our historic responsibilities within the maintained sector, and our renewed commitment to promoting Christian education in an inclusive context. We welcome much of the Bill, and very much look forward to the debate that will ensue in your Lordships' House.

4.58 p.m.

Baroness Andrews: My Lords, I welcome the opportunity to speak on the Second Reading of such an important Bill, and in such a thoughtful debate. Given the choice of 229 clauses, I have decided that it

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is wiser to stick to two unifying themes that I believe run across the Bill, and the positive choices that they offer schools. I should declare an interest. I am the director of a national charity, Education Extra, which works with schools precisely to help them to innovate during out of school hours so that they can expand the school day and develop new programmes of learning and teaching to help children, especially those who are not doing well in school. On that basis, I can say with some conviction that I believe that teachers and head teachers will welcome much of the Bill.

Having been slightly alarmed by some of the headlines in the educational papers recently, I took the precaution of assessing my own very small straw poll of head teachers over the weekend. I was pleased to see that their reaction was not, "This is terrible. Estelle Morris is turning into Stalin"; on the contrary, they said, "This is an opportunity for us to be more creative." That has been echoed by the Campaign for State Education.

The Bill demonstrates that the Government are learning some lessons. One of those lessons is the fact that elephants cannot tie their own shoelaces—and that things cannot be left to the DfES. Schools alone have the knowledge and skills to bring ideas forward from their own ecology and climate. That should be welcomed. In recent years, we have heard so much about the threat that schools would be stifled by bureaucracy. Schools are tired of having changes imposed on them; this Bill sends the opposite signal. In Clause 1, it sends that signal to all schools and, in particular, to aspiring teachers that schools are creative places and that they are the people who can make things happen and who know what children will respond to and what they need. The Bill is a green light to teachers and says to them, "Bring us your ideas; let us see whether we can help you". It is an invitation to all schools, not just 10 per cent; but the condition is that knowledge and practice must be shared with other schools that may not be at the same stage of development.

The noble Baroness, Lady Sharp of Guildford, said that innovation did not require deregulation. I agree; in many cases, it will not. Many of the powers that schools have to innovate already exist. However, as I visit schools, I find that many teachers simply do not know what powers they have. One of the things that holds back schools that are not successful and prevents them innovating is the sense that they may be out of order if they do. It is also clear to me that the criterion will not be how novel the innovation is; the ultimate test will be whether it will raise standards of achievement. It is safe to raise such questions. We are no longer operating in a failing education system, but in a system in which there is, to quote the Financial Times,


    "a solid framework of standards in place that should ensure that overall quality is maintained".

The FT is doing nothing more than drawing on the words of the chief inspector and the praise that he lavished on schools for the improvements in leadership, management and standards.

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I know that there are concerns about the scope and meaning of innovation, the relationship between innovation and earned autonomy and the scope of the regulations that will implement so much of the Bill. For now, however, it is important to recognise the logic of what is proposed. By definition, innovation means doing things for the first time. The Secretary of State cannot second-guess what schools will come up with. Innovation, however, is not a licence for careless or risky experimentation.


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