Previous Section Back to Table of Contents Lords Hansard Home Page


Baroness Blatch: I am sorry that there was not a more detailed description of what was wrong with the amendment. I understand the point on exclusions, but I am not so sure that we need waste time on discussions. The Minister may be able to bring forward a form of wording that suits parliamentary counsel and officials and Ministers in the department that achieves the ends, which are that nothing in the Bill should disadvantage children with special educational needs. In the exercise in innovation and autonomy it must be possible to exclude a child with SEN. I accept that if the conditions are right and meet the criteria for exclusion.

The Minister knows what we mean and just talking about the issue will not bring it further forward. It is important that parliamentary counsel with all their expertise should find the right form of words for what is the lay explanation. We have set it out on the record

28 May 2002 : Column 1338

a number of times and our time would be used more wisely if the department were to get on and produce an amendment for the Report stage. If such an amendment achieves my aims and those of the noble Lord, Lord Rix, and others, who are concerned that children should not be disadvantaged as a result of what is an innovative Bill, it will have my full backing. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 203 [Orders and regulations]:

[Amendment No. 363A had been withdrawn from the Marshalled List.]

Lord Lucas moved Amendment No. 364:


    Page 123, line 20, at end insert—


"( ) section 49(3),"

The noble Lord said: The purpose of the amendment is to make regulations under Clause 49(3) subject to the affirmative resolution rather than the negative resolution procedure in this Chamber. I beg to move.

Lord Davies of Oldham: I rise to speak to government Amendments Nos. 365 and 379, and to respond to the noble Lord, Lord Lucas, on his Amendment No. 364. One of the benefits of moving legislation into regulations is to give greater flexibility to respond to circumstances and to make changes to the rules when circumstances dictate. That is why the regulations under Clause 49 are subject to the negative resolution procedure. We should lose some flexibility if they were to be subject to the affirmative resolution procedure.

The Delegated Powers and Regulatory Reform Committee has looked closely at all regulation-making powers in the Bill. It raised no concern about Clause 49(3). I hope that Members of the Committee will not wish to question that judgment.

On Amendment No. 365, the Government are grateful to the noble Lord, Lord Lucas, for his support. It will provide that the power to amend the areas of learning for the foundation stage as part of the national curriculum is subject to the affirmative instead of the negative procedure. That will be consistent with the powers to amend curriculum requirements for the key stages of the national curriculum.

Amendment No. 379—a government amendment—is a technical amendment, which corrects a very minor error in the Bill. It is intended that the Bill should repeal Section 98(2)(c)(ii) of the Environmental Protection Act 1990. This is correct in paragraph 10 of the minor and consequential amendments in Schedule 21, but the entry in the repeals in Schedule 22 contains an error. This amendment to Schedule 22 corrects that error. I commend these two government amendments to the Committee.

Lord Lucas: I shall not try to argue my amendment in detail this evening. Perhaps we may return to the matter at another time when the troops are out.

28 May 2002 : Column 1339

However, I should like to know what Amendment No. 379 now repeals. Can the Minister tell me what is the provision in the Environmental Protection Act that requires to be repealed by this Bill?

Lord Davies of Oldham: Noble Lords may believe it or not, but, even at this late hour, I had anticipated that the noble Lord might press me on that point. Unfortunately, what I am not sure that I am capable of doing is repeating with precision the sections that the amendment would repeal. However, I shall do my very best to do so on behalf of the noble Lord, and, indeed, on behalf of the whole Committee.

Section 98(2)(c)(ii) of the Environmental Protection Act 1990 is an obsolete provision that refers to Section 218 of the Education Reform Act 1988. As noble Lords will recall, Section 218 of that Act is repealed by the Bill. Section 98 of the Environmental Protection Act is in a part of the Act dealing with control of litter, which applies to various categories of land including land of some educational institutions. Section 98 then defines "educational institutions".

The definition in subsection (2)(c)(ii) includes the reference, which the Bill is removing, to institutions designated under Section 218 of the Education Reform Act. This reference is obsolete as no such institutions have been able to be designated for many years. The amendment will not of course affect the continued application of this part of the Environmental Protection Act to maintained schools, CTCs, academies and further and higher education institutions. I hope that I have satisfied the noble Lord on that point, and received support from all sides of the Committee.

Lord Lucas: I am immensely grateful. The sun will rise tomorrow. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Davies of Oldham moved Amendment No. 365:


    Page 123, line 22, at end insert—


"(bb) section 79(3),"

On Question, amendment agreed to.

Clause 203, as amended, agreed to.

[Amendments Nos. 365A and 365B had been withdrawn from the Marshalled List.]

Clause 204 [Wales]:

Baroness Ashton of Upholland moved Amendment No. 366:


    Leave out Clause 204 and insert the following new Clause—


"WALES
(1) Subsection (2) applies where—
(a) this Act confers a function (in this section referred to as "the new function") on the Secretary of State by amendment of another Act, and

28 May 2002 : Column 1340


(b) any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).
(2) The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.
(3) For the purposes of section 22 of the Government of Wales Act 1998 (c. 38), an Order in Council made by virtue of subsection (2) or section 201(3) is to be treated as if it were revoking or varying a previous Order in Council.
(4) Subsection (2) does not apply in relation to the amendment made by section 201(1)."

On Question, amendment agreed to.

[Amendments Nos. 367 and 367A not moved.]

Clause 204, as amended, agreed to.

[Amendment No. 367B not moved.]

Clause 205 [General interpretation]:

Baroness Ashton of Upholland moved Amendment No. 368:


    Page 124, line 30, at end insert—


"contract of employment" has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);"

On Question, amendment agreed to.

[Amendment No. 369 not moved.]

Clause 205, as amended, agreed to.

Clauses 206 to 208 agreed to.

Clause 209 [Commencement]:

Baroness Ashton of Upholland moved Amendments Nos. 370 and 371:


    Page 126, line 28, leave out "1 and 2" and insert "A1 to 2A and 6".


    Page 126, line 38, leave out "3 and 4" and insert "2B to 5".

On Question, amendments agreed to.

Clause 209, as amended, agreed to.

Clause 210 agreed to.

Schedule 21 [Minor and consequential amendments]:

Baroness Ashton of Upholland moved Amendments Nos. 372 and 373:


    Page 198, leave out line 29.


    Page 198, line 32, at end insert—


"15A SUPPLY OF INFORMATION BY CONTRACTOR, AGENCY, &C.
(1) This section applies to arrangements made by one person (the "agent") for another person (the "worker") to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
(2) Subsections (3) and (4) apply where an agent—
(a) has terminated the arrangements on a ground mentioned in section 138 of the Education Act 2002,
(b) might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
(c) might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.

28 May 2002 : Column 1341


(3) In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the Secretary of State, and
(b) where the person is a registered teacher, the Council.
(4) In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
(a) the National Assembly for Wales, and
(b) where the person is a registered teacher, the General Teaching Council for Wales.
(5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
(6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
(7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
(8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(9) Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section."

On Question, amendments agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page