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Baroness Blatch: That is a very confusing answer. I also detected the departmental bias against Montessori in some of the Minister's answers, all confused up with the empathetic and sympathetic noises he was making. He said that the requirements will not put Montessori education at risk. I believe that if Montessori organisations are forced to abandon Montessori qualifications for Montessori education and come within a framework that does not apply to Montessori education, Montessori education will certainly be put at risk. That would give the lie to the Minister's comment about the Government's wish to work with Montessori and for Montessori to continue to flourish. Given that there is choice and diversity in every other form of education, choice and diversity should also be allowed to flourish at nursery level. The Government should be engaged in measuring the outcomes of Montessori education, just as they should measure the outcomes of all other forms of nursery education.
The Minister promises me that discussions are going on with QCA. He also said that no qualification has been submitted to QCA for evaluation. I ask him to write to me on that, as I shall not prolong this debate, and let me know whether such an evaluation has ever been requested. If so, has it ever been refused by the Montessori people? We shall return to this on Report. I beg leave to withdraw the amendment.
Amendment No. 338A, as an amendment to Amendment No. 338, by leave, withdrawn.
On Question, Amendment No. 338 agreed to.
[Amendment No. 338B not moved.]
12.15 a.m.
Lord Davies of Oldham moved Amendments Nos. 339 to 342:
- Page 176, line 32, at end insert—
"2A After section 26 of the Education Act 1997 (c. 44) there is inserted—
"26A POWER OF AUTHORITY TO GIVE DIRECTIONS
(1) If it appears to the Qualifications and Curriculum Authority—
(a) that any person (in this section referred to as "the awarding body") who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and
(b) that the failure—
(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or
(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,
the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.
(2) It shall be the duty of the awarding body to comply with any direction under this section.
(3) Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—
(a) in England and Wales, by a mandatory order, or
(b) in Northern Ireland, by an order of mandamus.""
Page 176, line 33, at end insert—
"2B (1) Section 29 of the Education Act 1997 (c. 44) (functions of the Qualifications, Curriculum and Assessment Authority for Wales in relation to curriculum and assessment) is amended as follows.
(2) In subsection (1) for the words from "with respect to" to the end there is substituted "with respect to—
(a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age,
(b) pupils at maintained nursery schools in Wales, and
(c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school."
(3) In subsection (2)—
(a) in paragraph (a), for "such schools" there is substituted "maintained schools or maintained nursery schools", and
(b) paragraph (f) and the word "and" immediately preceding it are omitted.
(4) After subsection (2) there is inserted—
"(2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education."
(5) Subsections (3) and (4) are omitted.
(6) At the end of subsection (5) there is inserted "; and "funded nursery education" has the meaning given by section 94 of the Education Act 2002"."
Page 177, line 17, at end insert—
"5 After section 32 of the Education Act 1997 (c. 44) there is inserted—
"32A POWER OF AUTHORITY TO GIVE DIRECTIONS
(1) If it appears to the Qualifications, Curriculum and Assessment Authority for Wales—
(a) that any person (in this section referred to as "the awarding body") who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and
(b) that the failure—
(i) prejudices or would be likely to prejudice the proper award or authentication of the qualification, or
(ii) prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,
the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.
(2) It shall be the duty of the awarding body to comply with any direction under this section.
(3) Any direction under this section is enforceable, on the application of the Qualifications, Curriculum and Assessment Authority for Wales, by a mandatory order.""
Page 177, line 17, at end insert—
6 In section 58(6) of the Education Act 1997 (c. 44) (provisions extending to Northern Ireland), for "section 26" there is substituted "sections 26 and 26A"."
On Question, amendments agreed to.
Schedule 17, as amended, agreed to.
Clause 183 [LEA functions: qualifications]:
On Question, Whether Clause 183 shall stand part of the Bill?
Baroness Farrington of Ribbleton: This clause is intended to clarify the legal position of local education authorities in England and Wales to engage in the award or authentication of educational qualifications. It ensures that LEAs are able to develop, deliver and award qualifications and to charge a fee in respect of those services. The clause also enables an LEA to make arrangements with other persons and form, participate in or be a member of a body corporate in order to exercise its powers in relation to educational qualifications.
This clause does not add to what LEAs already do. It merely clarifies their powers to do what they have done for many years. It confers express and specific powers on LEAs to enable them to develop, deliver and award qualifications and to charge a fee in respect of those services. The clause also enables LEAs to make arrangements with other persons and form, participate in or be members of a body corporate in order to exercise these powers.
The clause is intended to be clarificatory. The powers are therefore expressed as always having been within the powers of an LEA, and are without prejudice to its other powers. I recommend therefore that this clause should stand part of the Bill. An example for the noble Lord is the Oxfordshire LEA music certificate and the Cornwall LEA Cornish graded examinations. However, the bulk of the qualifications to which Clause 183 relates are provided by the Welsh Joint Education Committee which is a major player in both Wales and England. I re-emphasise that Clause 183 is intended to clarify the position. It will not give LEAs powers to do anything that they have not already been doing for many years. I commend the clause to the noble Lord and hope that my response has satisfied him.
Baroness Blatch: What is unclear about the present statute? Given that this does not replace the present statute, does that mean that there is a present statute which covers the present state of affairs and we now have a new statute in Clause 183 which will overlay the existing one?
Baroness Farrington of Ribbleton: I say to the noble Baroness, Lady Blatch, that questions have arisen over
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