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Baroness Ashton of Upholland: My Lords, it falls to me to look at the exact impact of each of these amendments. I hope that noble Lords will bear with me as I do so, because I need to ensure that that impact is recorded. I shall, in a sense, start where I intend to end my remarks. It is important for noble Lords to understand that, if the amendments were accepted, we would not revert to the status quo; in fact, schools would not be required to have governing bodies at all.
The proposed amendments would take away the clauses that are absolutely crucial because of the principles within them. I know that that is not the impact that the noble Baroness, Lady Blatch, wishes to see, but I need to ensure that noble Lords understand the nature of the impact of these amendments. I shall begin with Amendment No. 40. I should point out to the House that we have consulted very widely on the governance proposals, and the package has received widespread support.
As I have said previously, I have conducted a number of consultations with groups of governors in different parts of the country. Indeed, I also had the good fortune to chair the final meeting of the Way Forward Group. Therefore, it is worth saying that Amendment No. 40 would make it impossible to implement the proposals at all. It would make it impossible to give governing bodies greater freedom to decide what works best for them. Governing bodies would have no scope to choose a constitutional model to suit their needs. We do not believe that one size fits all; we believe that it is important for schools to choose ways of working that work best for them. The governance proposals in the Bill and ensuing regulations combine that flexibility with important safeguards to ensure high standards and a balance of stakeholders on governing bodies. The consultation responses showed that that approach is supported by governors and by governing bodies.
We made very clear in the policy statements provided to the House what we propose to put in regulations. I recognise that I have only just been able to make available draft regulations to the noble Baronesses, Lady Blatch and Lady Sharp. I am sure that all noble Lords will recognise that the legal detail of regulations takes some time to resolve, but we have ensured through our policy statement that our intentions are clear.
I turn to Amendment No. 41. The noble Baroness, Lady Walmsley, said that we should try to allay certain suspicions. I rather hoped that some of the amendments that I have tabled tonight would have done so—at least to some extent. As I have said before, this is not about some secret agenda on the role of local education authorities. As the department, and all Ministers within it, recognise, LEAs have a really important role to play. I should like to take this opportunity to confirm that LEAs are responsible for making instruments of government. They can review and vary instruments, which means that they also have an important role in relation to schools' instruments.
As I have already said, the noble Baroness, Lady Sharp, and, I hope, the noble Baroness, Lady Walmsley, will have received a copy of the latest draft of the new regulations on governing body constitution and instruments of government. In these draft regulations we have defined the role of the local education authority; we have not changed it, as the draft regulations show.
However, if Amendment No. 41 were accepted, we could not make regulations that contain important safeguards and principles in relation to, for example, consultation requirements and the requirement on schools with a religious character to include a description of the ethos of the school. Under this amendment, an LEA could decide to vary an instrument without the governing body's agreement. Alternatively, an education authority might decide that it is unnecessary for voluntary-controlled or aided schools to consult the appropriate diocesan authority when making, or varying, an instrument. We are committed to deregulation provisions where this is appropriate, but we also believe that it is right to maintain important safeguards. Amendment No. 41 would remove those safeguards in relation to an important document for schools—the instrument of government.
In response to Amendment No. 42 I would like to refer to previous times when I have spoken about our approach to streamlining education legislation. Clause 19 requires maintained schools to have an instrument of government that determines the governing body's constitution and other matters relating to the school, such as the name of the school. We shall carry forward the existing principal arrangements for instruments of government, but we are keen to deregulate the process where possible.
The current legislative provisions on instruments of government are in Schedule 12 to the School Standards and Framework Act and they run to some
four pages. Those provisions contain a great amount of detail on points of process and we believe that that kind of detail should be set out in regulations or guidance. Amendment No. 42 would make it impossible to streamline that area of governance legislation.I turn to Amendment No. 43 which removes Clause 20(3) which provides the power to make regulations setting out terms of reference for governing bodies, head teachers and LEAs on the conduct of schools. Clause 20 replicates Section 38 of the 1998 School Standards and Framework Act. The only difference is that the existing regulation making power does not extend to the LEA's role in the conduct of schools.
Schools are autonomous institutions operating within a framework of locally channelled funding and local accountability. While schools manage themselves and take front line responsibility, local education authorities retain some essential functions for conducting schools; for example, they have significant powers, including intervention functions, in relation to school improvement. They have the right to make representations about head teacher appointments as well as a duty for all categories of maintained school to make a written report to the chair of a governing body in any case where they have a serious concern about the performance of the head teacher.
Writing the LEA role and responsibilities into terms of reference regulations alongside that of the head teacher and governing body would clarify and protect the interests of all three parties in this important partnership of conducting schools. The existing terms of reference regulations have been widely welcomed by all parties. The ability to set out clearly the respective roles of governing bodies and head teachers ensures that there is clarity.
Amendment No. 44 would remove Clause 21 which replicates, without amendment, the existing provision in Schedule 11 to the 1998 School Standards and Framework Act. That schedule will be repealed once the changes to governance arrangements covered by this Bill are brought into effect. I am quite sure that the noble Baroness, Lady Blatch, does not intend that school governors should not be provided with essential information necessary to enable them to operate effectively in their role, nor that they should not have access to training.
We believe that local education authorities are best placed to fulfil that information-giving role and my department works closely with the co-ordinators of governor support and training services in education authorities to ensure that such information is available. We have introduced a national training programme for new governors tailored around the key roles that governors need to play to support their schools in promoting high standards.
Governing bodies may buy their training from any training provider, but we continue to believe that it is education authorities that should carry the legal responsibility for ensuring that all governors have access to essential information at no cost to
themselves, because of their role as regards supporting strong leadership and management in the schools that they maintain.Amendment No. 45 would remove Clause 22 and the provisions relating to regulations on the appointment and dismissal of clerks to school governing bodies. I have long waxed eloquent on the subject of clerks and the crucial—not just important—role that clerks play in supporting school governing bodies. Without an effective clerk, it is very difficult for a governing body to discharge its considerable legal responsibilities effectively. Governors are volunteers and they deserve a well qualified clerk to keep the paperwork in order and to ensure that their meetings are being conducted appropriately.
We had an extensive discussion in Committee about the appointment and dismissal of clerks and the important role of governing body clerks. It is important to provide, in secondary legislation, that governing bodies be free to select and dismiss their own clerks while retaining the existing power for education authorities to step in and change clerking arrangements where it is necessary to do so for any school in special measures.
Indeed, we believe that clerking is so important that we recently commissioned Consortium 52, a consortium of northern education authorities and diocesan boards, to produce a training package for governing body clerks. The right reverend Prelate the Bishop of Blackburn was inquiring in Committee about the involvement of diocesan boards. Many Church schools will take advice on clerking practices from their diocesan board. I am pleased to say that all the relevant diocesan boards are actively involved in Consortium 52 and will be working alongside northern local education authorities and governor and clerk representatives to produce a national training programme for school clerks. This is an excellent example of a real partnership approach to improving the quality of clerking in our schools. It demonstrates what can be achieved with co-operation and good will without legislation.
As I said, these amendments would take away governing bodies' responsibilities. It would leave us in some difficulty. I hope that I have said enough to
reassure the noble Baronesses, Lady Blatch and Lady Sharp, to enable them to agree to withdraw the amendments.
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