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Education Bill
8.36 p.m.
Clause 3 [Variation or revocation of orders under Section 2]:
Clause 4 [Applications for orders under Section 2]:
Baroness Blatch moved Amendment No. 26:
- Before Clause 5, insert the following new clause—
The noble Baroness said: In moving Amendment No. 26, I shall also speak to Amendment No. 32.
The amendment would allow for exemption from curriculum and pay and conditions provisions for all schools, subject to regulations made by the Secretary of State that would circumscribe the schools or categories of school that would not benefit from that freedom. Any regulations that came before the House would do so under the affirmative resolution procedures.
The regulations referred to in subsection (1) would set the framework within which freedom would be allowed—for example, in schools in which a broad and balanced curriculum was to be retained or for named subjects that would not be available for exemption, depending on the view of the Secretary of State, and aspects of pay and conditions provisions that were not for relaxation, modification or alteration.
The amendment would, in a more limited field, advance the proposal that schools should be free to manage themselves, unless there is a concern about them. The amendment is not seeking full exemption from all curriculum provisions, although the best-performing schools should be given more freedom, a point made earlier by the noble Baroness, Lady Sharp of Guildford. The very best schools, which come through inspections with flying colours, would like more freedom and more relaxation of national curriculum requirements.
Nor does the amendment seek full derogation from all pay and conditions provisions. It would build on Clause 6, which we will discuss later, by allowing the Secretary of State to propose exemption from some curriculum or pay and conditions rules that apply to all schools.
Secondly, it allows the Secretary of State to publish open and objective criteria such as, for example, defining a "failing school" under which schools or categories of school should not qualify for exemption. Perhaps I may give an unlikely example. The department might say that all schools should be exempt from the need to teach the maths curriculum as regards algebra, but that the schools specialising in maths would not be exempt.
It would be for the Secretary of State to determine what did and did not qualify for exemption. The circumstances should be objective, published and automatic. The discretionary powers being sought by the Government in Section 6 would apply only if a school or category of school fell foul of the objective criteria which would have been set out.
It does not remove the discretionary power of the department under Clause 6, but it writes into law an assumption that exemptions would confer general freedom in all cases, limited only by objective criteria that had been published and well understood. Clause 6 would still give the Government power to waive the limitations, even in the case of a school or schools which were within the category described as not exempt. However, on first reading, the procedure under Clause 6 seems excessively, almost perversely, complex. Again, that will be the subject of later amendments.
The amendment would introduce simpler, clearer and more open procedures which would be to the benefit of innovation and would at the same time drastically reduce the bureaucracy inherent in the Government's proposals. I have deliberately referred to what the amendment does not do. Therefore, I hope that in response the Minister will refrain from any arguments that might have been put forward by officials as regards what my amendment is meant to achieve.
It was important to say what the amendment does not do because I know that people become worried. We are keen to give the Secretary of State the powers to circumscribe the use of the power so that all the area which the Secretary of State deems not to be made
Baroness Sharp of Guildford: While we on these Benches support the notion of bringing the criteria out into the open, in general we are not supportive of the whole concept of earned autonomy. We believe that it goes much too far in the direction of giving successful schools the right to innovate, whereas that right needs to be broader.
We are unhappy at the degree to which already the specialist schools' programme tends to put powers and, above all, money into the hands of the successful schools. We see this measure as yet another aspect of encouragement; making it easier for successful schools but leaving the average schools in a more difficult position. We have reservations about the general issue of earned autonomy. If this is the way in which the Government want to go, we would like to see all provisions brought out into the open.
Lord Dearing: I intervene to support the reservations expressed by the noble Baroness, Lady Sharp. Perhaps I may discuss Clause 6 in this context. We are saying, "We will reward you successful schools by removing the national curriculum requirement from you". I argue that there is no need to remove the national curriculum requirements from successful schools because they are succeeding. Why intervene? Why change things? We have a success.
The place where greater freedom is most needed is in those schools which are not succeeding. Perhaps the head teacher, with the support of the local authority, has some good ideas to respond to the particular needs of the children in his or her school which will require greater flexibility in the curriculum. I do not want to speculate on particular conditions, but let us suppose, say, that the school was one of ethnic minority. A motivation might then be enhanced if the school had a greater opportunity to respond to the culture of those children. I tend to believe that the proposal is perverse.
Secondly, to the extent that successful schools can depart from the curriculum, to the extent that they are successful and can change the terms and conditions and change pay, there is an even greater risk that the best teachers will be attracted to those successful schools and away from the schools which most need the best teachers.
I ask the Government to think carefully about whether the national curriculum is unfit for the best schools and fit only for the less successful schools and whether it is the case that the national curriculum has served us well over the years and that we should remove it only where we are clear that to do so is necessary to enhance the performance of the children in a school.
Baroness Ashton of Upholland: I thought it might be helpful to Members of the Committee if I commented
Within that framework, we want to entrust our most successful and well-led schools with additional freedoms and flexibilities so that they have more control over the way in which they are run. These greater freedoms and flexibilities will relate to certain areas of the national curriculum and teachers' pay and conditions. However, I would make it clear to Members of the Committee that performance targets, accountability, including Ofsted inspection, and effective teacher performance management arrangements will remain in place. Schools will also be required to teach the basics and offer a broad and balanced curriculum.
The clauses are intended to ensure that within certain parameters this greater freedom will build on the professionalism that we know exists within the school workforce and help us to consider what further flexibilities may benefit the system as a whole.
I say to the noble Lord, Lord Dearing, that it is important to recognise that that is a different concept from that of the power to innovate, which is by its nature an opportunity for any school to come forward. This measure is about giving autonomy which is permanent and which will be as far as is possible automatic. Therefore, it is important to differentiate the two.
I now turn to specific amendments. It is particularly true for the provisions under earned autonomy, where they will apply by right, that we look at our successful schools. We have identified the areas of the curriculum and teachers' pay and conditions as being those where the freedoms could apply. Given the nature of those freedoms, we want to be particularly clear that they are given to schools in the best possible position to make use of them in the interests of their pupils.
We also believe that the prospect of earning greater autonomy could be a helpful incentive for improvement. However, at this stage we of course want to proceed with caution. I believe that given the nature of the flexibilities we should look to schools which have good leadership and management and achieve a satisfactory standard for qualification for the earned autonomy.
We have said that we intend to consult fully on the detailed criteria. We intend to make them challenging to provide schools with incentives and to ensure that the flexibilities are used wisely. Over time, the proportion of eligible schools will grow as systems improve.
We believe that that is the right approach, complementing the innovation provisions under Chapter 1 of the Bill. We see the schools which earn autonomy as developing ideas so that over time all schools benefit from the success of the policy. None the less, I say to the noble Baroness that in the light of the
I turn to Amendments Nos. 26 and 32. They also propose that regulations relating to the curriculum or pay and conditions flexibilities and the circumstances in which schools would not benefit must be debated in both Houses. With respect, I would remind the Committee that the Delegated Powers and Regulatory Reform Committee was content with our approach. Given that we intend to undertake a full consultation, noble Lords will understand that we do not believe that it is necessary to add additional layers to the process, which the amendment would require, and thus possibly use parliamentary time less wisely.
I hope that, in the light of those comments and my earlier commitment, the noble Baroness will recognise that we envisage a system that will provide incentives to achieve success and will feel able to withdraw her amendment.
"AUTOMATIC EXEMPTIONS FROM CURRICULUM AND PAY AND CONDITIONS PROVISIONS
(1) Regulations shall designate curriculum or pay or conditions provisions as attracting exemptions for all maintained schools, subject to subsection (2).
(2) Regulations may prescribe circumstances in which a school or category of schools will not benefit from automatic exemption under subsection (1), in which case section 6 shall apply.
(3) The regulations in subsections (1) and (2) shall be subject to affirmative resolution."
8.45 p.m.
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