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Baroness Ashton of Upholland: My Lords, I shall try not to pre-empt the amendment that my noble friend Lady Farrington will be moving, but the purpose of that amendment is to remove the provision that before publishing a notice a local education authority would have to seek the approval of the Secretary of State. That is superfluous and I am delighted that we have been able to table that amendment.

The intention of the new clause is to reverse the provisions in Clause 66. I shall with pleasure turn later to the canard of the noble Lord, Lord Lucas. Our purpose is to increase the opportunities for a wider range of partners to put forward proposals to become involved in school provision in the state sector. I must tell the noble Lord that anyone can make proposals for a school at any time through the school organisation committee.

In this part of the Bill, we are focusing specifically on the opportunities for new secondary schools. First, it is for local education authorities to decide that a new school is appropriate. They are therefore in the driving seat, which is precisely where we want them to be. Where a local education authority considers that it is important for its locality to have a new school, it must publish a notice inviting proposals from interested parties. That is to ensure that as many people as possible who may be interested can propose their ideas for a new school. Of course, the LEA may make proposals of its own. The proposals will then be considered together and decided by the Secretary of State.

I understand the concern of the noble Baroness, Lady Walmsley, that initiatives for new schools should come from those most involved with educational provision in the local area and should take account of the needs of the area as a whole. I also understand the concern that the local school organisation committee should be fully involved. We believe that our proposals meet those concerns.

Everyone will be made aware of the need for a school at an early stage. Everyone will be able to consider how they can contribute to it. The LEA will still be able to make any proposals that it can make at present, and these will be considered alongside any other proposals. Importantly, details of all of the proposals will be published together in a notice in the local newspaper and parents and other local people will be able to comment on the proposals and, indeed, to object to them.

The school organisation committee will not be cut out of the picture. All of the proposals and any comments on or objections to them will be considered by the school organisation committee. The committee will then put forward its views on the proposals to the Secretary of State, who will take them fully into account.

As I said, I have tabled Amendment No. 106, to which the noble Baroness referred, which removes the need for the Secretary of State to approve an LEA's

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decision to publish. That is important. We believe that our proposals will encourage a greater range of providers to think seriously about establishing new secondary schools.

Should any of your Lordships be interested to know how many new secondary schools are opened, the average is about four per year. New schools are important, but there is no deluge of new schools to give LEAs reason to feel that they are not in the driving seat. We are making this provision because we want to try to encourage innovation across the state sector. I hope that, on the basis of my explanation and the assurances that I have given, the noble Baroness will feel able to withdraw the amendment.

Baroness Walmsley: My Lords, I thank the Minister for her response. We shall have to wait to discover how the local authorities involved with that small number of new schools feel in future. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 66 [Proposals for additional secondary schools]:

The Chairman of Committees (Lord Tordoff): My Lords, in calling Amendment No. 106, I must point out that if the amendment is carried I shall not be able to call Amendment No. 107 because of pre-emption.

Baroness Farrington of Ribbleton moved Amendment No. 106:

Page 44, line 8, leave out ", with the approval of the Secretary of State,"

The noble Baroness said: My Lords, Amendment No. 106 removes the necessity for an LEA to obtain the consent of the Secretary of State before publishing a notice inviting proposals for the establishment of an additional secondary school, as the noble Baroness, Lady Walmsley, recognised in the previous debate. All noble Lords who were present at—or read in Hansard—the proceedings in Committee, at a rather late hour, on 23rd May, will be aware that, as the noble Baroness said, my noble friend promised to consider the issue and table an amendment. An opposition amendment to the same effect was tabled in another place.

That demonstrates that where we agree that there is a better way forward, we are prepared to support it. Having considered the matter further, we agree that there is no real need for the Secretary of State to have to agree in advance that an LEA may invite proposals for an additional secondary school in its area. We therefore seek to remove that requirement. I commend the amendment to the House. I beg to move.

Lord Roberts of Conwy: My Lords, I shall speak to Amendment No. 107, standing in my name. The clause is one of several in this part of the Bill that do not apply to Wales. I referred to that in Committee, when we were discussing Clause 62, which relates to the new concept of academies. Regrettably, that clause does not apply to Wales either. The noble Lord, Lord McIntosh of Haringey, told us why. He said that the

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National Assembly did not want the power to establish academies. I refer noble Lords to column 993 of Hansard for 23rd May. That is short-sighted of the Assembly, and it may live to regret it, particularly if there is substance in the speech given by the Secretary of State earlier this week and in her critique of the comprehensive system.

The clause enables the establishment of new secondary schools—community, foundation and voluntary schools and academies—in England only. My amendment would extend that power to Wales. I am surprised that the Assembly government have not sought the power for themselves. Although we may not need new schools in Wales at present, it is not inconceivable that we may need new schools—and schools of a different kind—in future. Legislation is not just for the present. It should have regard to possible future needs, and it should err on the enabling side. What if there were a major new town development or a major inward investment project, employing hundreds of people and requiring schools of a new and different kind? It may not be likely, in current circumstances, but it cannot be ruled out either. There have been such developments in the past, and it could happen again. It could also be that schools of a different kind from those that we have prove advantageous and that there is a popular demand for them. It would be odd if such a demand could be met in England but not in Wales.

I do not think for a moment that my amendment will be accepted. At least I have had the opportunity to castigate the Assembly government for their blinkered view of Welsh educational needs and their failure to take advantage of what is on offer in the Bill. I would never argue that provision in Wales should always be the same as in England, but I would always maintain that any decision to differ should be well founded and advantageous to Wales. I am far from convinced that that criterion is met by the deliberate opt-out from this clause and others, notably Clauses 62, 65 and 67.

4 p.m.

Baroness Walmsley: My Lords, I thank the noble Baroness, Lady Farrington of Ribbleton, for the amendment. We welcome it.

Baroness Farrington of Ribbleton: My Lords, as the noble Lord, Lord Roberts of Conwy, recognised, Clause 66 introduces new procedures for establishing new secondary schools in England. The National Assembly for Wales set out its strategic view of educational needs in its paving document, The Learning Country. That document has been widely welcomed in Wales.

In Wales, as in England, there has been a long-standing commitment to enabling schools to build on their strengths and overcome their weaknesses. In Wales, that commitment finds expression in the close partnership arrangements with LEAs and in the Partnership Council, established by the Government of Wales Act 1998, which consists of Assembly Members and members of local authorities. Given that situation, it is right that we should respect the fact of

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devolution and the decision of the Welsh Assembly that, in the light of its approach, it does not wish to have the powers in this clause. I hope that the noble Lord, Lord Roberts of Conwy, will accept that devolution means that we should not second-guess or castigate—to use his word—the judgments that are made, particularly when they have such wide support in the Principality.

Most LEAs in Wales have surplus school capacity, so it is not expected that there will be many instances of a need for an entirely new secondary school, rather than for the replacement of an existing school. However, three new secondary schools have been opened in Wales in the past five years. The noble Lord may be reassured by that fact. As he is aware, all three were established to cater for the growing demand for Welsh-medium education. That demonstrates that existing systems for establishing schools already allow for LEAs to accommodate parental wishes for different types of schooling and to meet changes in circumstances such as rising pupil numbers, to which the noble Lord referred. I hope that the noble Lord will not press his amendment.

On Question, amendment agreed to.

[Amendment No. 107 not moved.]

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