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The right reverend Prelate said: My Lords, with apologies to the House, I had intended to move Amendment No. 47. In many ways this amendment is quite different from that tabled by the noble Baroness, Lady Blatch.
I thank the noble Lord, Lord Peston, for what I believe was a helpful suggestion. If we were to return to the matter at Third Reading I would certainly consider that. I wish that I had thought of it myself. However, I do not believe that I shall return to the matter at Third Reading because I am extremely grateful to the Minister for her detailed reply that she has put on the record about the various and many questions that I raised in regard to voluntary schools, and in particular to Church schools if they were to go into federation. I found that most helpful because she also included matters such as reserve teachers whom I had not specifically mentioned, but they were at the back of my mind. I am enormously grateful for that.
We shall want to read carefully that reply, but my feeling is that we have now achieved what we wanted to achieve with regard to federation. Therefore I shall not move the amendment.
Baroness Sharp of Guildford moved Amendment No. 49:
The noble Baroness said: My Lords, I was prompted to table this amendment as a result of a discussion in Committee when it became clear to me that a number of noble Lords welcomed the idea of schools working together, but did not like the idea of them having to merge their governing boards. As on Amendment No. 46, on the face of the Bill there is a requirement that federated schools have a single governing board; that the existing boards are dissolved and that a new governing board is formed. Therefore, it seemed to me that if there is the notion of the single governing board—what one may call the "federal solution"—there should also be a confederal solution in which
A great deal of collaboration and partnership is taking place and it struck me that one does not have to have the solution of dissolving the board of governors. I return to the point I made earlier that it is extremely important that on the whole schools should have an individual board of governors. That is a vital channel into the local community that they serve and it is necessary that they are retained. Not only is there an innate feeling that it is a good idea to have collaboration of one sort or another of the variable geometry model to which the noble Baroness, Lady Blatch, referred, but it is followed through in The Evaluation of the Role of Teachers in Education Action Zones by PricewaterhouseCoopers commissioned by the NUT. It shows that programmes which support schools in working together and in planning the allocation and distribution of resources and projects have resulted in a shift towards a more collegiate approach to educational provision.
The development of school clusters—pioneered in particular in Birmingham by Tim Brighouse—whether or not triggered by government programmes, has helped to break down some of the needless rivalry and competition for pupils fostered by recent education reforms. The clusters have led to a better understanding by schools of each other's needs and have encouraged the sharing of good practice between schools.
It became clear in Committee that the notion of a Muslim school, a Church of England school and a Catholic school working together as a confederation is wholly acceptable although one does not want to lose the individual governing boards of those schools because they represent the religious ethos in the schools. It seems to me that we need on the face of the Bill something which makes clear the case for this proposal.
I discovered a nice little clause in the Bill, Clause 29, under the heading "Arrangements for joint discharge of functions". In a sense that allows groups of schools to set up joint committees to fulfil any function that one wants it to perform. In other words, the effect is that the legislation already covers my idea of the confederation. The Minister will probably say that we do not need the new clause on the face of the Bill because we already have it.
I feel rather strongly that the problem with the prominence given to confederation and the total lack of prominence given to this little clause about joint functions is disproportionate. My own guess is that the majority of schools would prefer to confederate rather than to federate and that they would prefer to keep their own governing boards. The notion, if put to them, would probably prove quite attractive. But it is not publicised in the Bill. I hope that the Minister will say that we should not worry, that the idea is thoroughly approved of and that the legislation
The idea I have put forward says,
Baroness Blatch: My Lords, as I said, I believe that where schools wish to collaborate of their own volition they should be allowed to do so. In these times of unprecedented central control of schools, so far as possible that should be encouraged. However, if they are intending to work together, the sovereignty of each governing body should be retained. I feel that very strongly; that is why I tabled my previous amendment. It would have strengthened federation with representation of staff and parents and specialisms of each school in the federation. I find it almost incomprehensible that the Government, with a good deal of support throughout the Chamber, should vote against the notion that the teachers of each school are represented on the federal governing body. I believe strongly in the sovereignty of the individual school. Amendment No. 49 on the face of the Bill would encourage more schools to have all the benefits of collaboration without all the disbenefits of central bureaucracy.
The Lord Bishop of Blackburn: My Lords, I, too, lend my support to this amendment. It seems to follow the logic that I have been so concerned about in bringing together varieties of schools and diversity where appropriate. It is another way which may be more appropriate to some schools. The two noble Baronesses who have spoken have made that very clear. We on these Benches lend our support to the idea. It needs to be spelt out in the manner suggested by the noble Baroness, Lady Sharp. I hope the Minister will be sympathetic to the idea.
Lord Dearing: My Lords, it is clear from what I said on the last amendment that I very much welcome this amendment. This is the way in which education generally should go. It is so obvious that higher education needs to rethink its structures, not necessarily through the merger of institutions which is difficult to achieve, but by confederation in which they agree to do certain things together. It may lead to something more, but this must be the way. The increased use of communication and information technology facilitates such arrangements. I would like
"( ) A school that is a Church of England school, a Church in Wales school or a Roman Catholic Church school shall not be federated without the consent of the appropriate diocesan authority, and where a federation referred to in subsection (1) includes such a school, the instrument of government for the federation shall not be changed without the consent of the appropriate diocesan authority.
( ) In the case of a foundation school, a foundation special school or a voluntary school which has a religious character but is not a Church of England school, a Church in Wales school or a Roman Catholic Church school, the school shall not be federated without the consent of the persons who appoint the foundation governors of the school, and where a federation referred to in subsection (1) includes such a school, the instrument of government for the federation shall not be changed without the consent of those persons."
After Clause 24, insert the following new clause—
"CONFEDERATION OF SCHOOLS
(1) Where the governing bodies of two or more maintained schools wish to work together and co-operate in a manner similar to that of a federation of schools but do not wish to dissolve and merge their respective governing bodies, they may, after consultation with the local education authority, form a confederation of schools.
(2) If the governing bodies of the constituent schools agree, the confederation may make arrangements for any of their functions to be discharged jointly or by a joint committee as designated in section 29.
(3) A confederation shall not involve any transfer of property, rights or liabilities from or between local education authorities and the governing bodies of the respective schools."
"Where the governing bodies of two or more maintained schools wish to work together and co-operate in a manner similar to that of a federation of schools but do not wish to dissolve and merge their respective governing bodies, they may, after consultation with the local education authority, form a confederation of schools".
I would like that positive statement somewhere in the Bill; that is why we tabled this amendment. We believe that it fulfils a need. It is important that it is flagged up as an opportunity for schools. It seems to me that it meets precisely what the Government want in terms of promoting collaboration and partnership to form joint strategic committees where desired. At the moment there is a lacuna in the Bill. I beg to move.
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