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Baroness Ashton of Upholland: My Lords, in this part of the Bill, we are extending the existing provisions in Section 547 of the Education Act 1996 regarding nuisance or disturbance on educational premises. Maintained nursery schools are already covered by the existing provisions and independent schools providing nursery education will be included under Schedule 20. We are extending these provisions to independent schools and to all institutions in the further education sector in direct response to their requests to do so.
We have not been pressed to extend the provisions to the private nursery sector. It is not our intention to extend the offence to a wider range of early years day care provision in the private sector. Therefore, I do not believe that the amendment to extend the provision to all nursery schools is necessary.
However, I understand the point about extending the provision to private nursery schools. I should be willing to take the matter forward for further consideration. There are some major issues to be resolved. There would need to be a clear definition of a private nursery school on which to base an amendment so that the police and courts were able to distinguish between those private establishments providing nursery education and, for example, those simply providing day care facilities. No such definition exists. We do not think it reasonable to extend the offence to day care provision mainly because it includes a wide range of provision—much wider than private nursery schools offering education. We shall want to consult with the police, who will be affected by any changes, and, most importantly, the private nursery sector.
On that basis, I hope that the noble Baroness will feel able to withdraw the amendment. If she is looking for me to have those discussions with the private nursery sector, I am more than happy to do so.
12.15 a.m.
Baroness Blatch: My Lords, it is odd that although a number of schools are listed, nursery schools are not mentioned. For example, voluntary-aided, foundation and special schools are listed. I shall not read out the whole of new Section 547 as amended by Schedule 20, but certainly reference is made to independent schools and so forth.
A mention of nursery schools would be extremely helpful here. The nursery school sector thinks that it has been left out of these provisions. It would be helpful to know whether nursery schools have been subsumed. In new subsection (2A) there is a reference to,
- "provided by a local education authority under section 508".
Baroness Ashton of Upholland: My Lords, I am afraid that I shall have to write to the noble Baroness to clarify that point. I have checked it, but at this hour I simply cannot recall the specific reference. Nursery schools are already covered by the existing provisions, but I shall write to the noble Baroness to explain precisely where.
I take the point made by the noble Baroness that if the nursery school sector is unclear about the position, then we need to rectify that. I can confirm that it is covered under the provisions of the Bill, as we would wish it to be.
Baroness Blatch: My Lords, it would be helpful to receive confirmation that the sector is covered. I
should like to respond to those who have contacted me with a proper reference, quoting the chapter and verse of the position. I beg leave to withdraw the amendment.Amendment, by leave, withdrawn.
[Amendments Nos. 134 and 135 not moved.]
Baroness Blatch had given notice of her intention to move Amendment No. 136:
- Before Clause 204, insert the following new clause—
The noble Baroness said: My Lords, I shall not move this amendment. Although the Government have brought forward welcome amendments, I still believe that there is a lacuna in the Bill with regard to the protection of children with special educational needs. I am discussing the matter with the noble Baroness, Lady Darcy de Knayth, who in turn is in discussions with the department. We seek rather more watertight protection for children with special educational needs. As I have said, I shall not move the amendment today and I shall return to the matter at Third Reading.
[Amendment No. 136 not moved.]
Clause 206 [General interpretation]:
Baroness Ashton of Upholland moved Amendment No. 137:
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 138:
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 139:
The noble Baroness said: My Lords, in moving Amendment No. 139 I wish to speak also to Amendments Nos. 140 and 141. Amendment No. 139 is entirely technical.
Schedule 11 was omitted from the commencement provision of the Bill. Without this amendment, the procedure for commencing the Bill would be in some doubt. The amendment simply corrects that omission.
Amendments Nos. 140 and 141 are also technical, consequential amendments. They correct cross-references which due to repeals in the Bill would become meaningless on its commencement. Under Amendment No. 140, Schedule 11 to the School Standards and Framework Act 1998 is to be repealed. So, regulations under paragraph 6 of that schedule are to be replaced by regulations under Clause 18 of the
The amendments ensure that references in existing legislation to provisions which will be repealed by this Bill are substituted by references to their replacement provisions in the Bill. I beg to move.
On Question, amendment agreed to.
Schedule 21 [Minor and consequential amendments]:
Baroness Ashton of Upholland moved Amendments Nos. 140 and 141:
On Question, amendments agreed to.
Baroness Ashton of Upholland moved Amendment No. 142:
"SAFEGUARDING PROVISION FOR SPECIAL NEEDS
Nothing shall be done under this Act to the disadvantage of any provision in respect of special educational needs under this or any other enactment."
Page 126, line 2, after "Part" insert "section (Duties of LEAs and governing bodies in relation to welfare of children)"
Page 126, line 2, after "Part" insert "section (Consultation with pupils)"
Page 127, line 23, after "126" insert "and Schedule 11"
Page 206, line 26, at end insert—
"100A In section 50 of the School Standards and Framework Act 1998 (effect of financial delegation), in subsection (5) for the words from "under paragraph 6" onwards there is substituted
"under section 18 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 33(5) of that Act).""
Page 207, line 2, at end insert—
"104A In section 72 of the School Standards and Framework Act 1998 (further provisions relating to new schools), in subsection (3)(a) for "section 44" there is substituted "section 33 of the Education Act 2002"."
Page 216, line 46, column 2, leave out "Section 86(6)" and insert—
"Section 86(3)(b) and (6).
Section 91."
On Question, amendment agreed to.
House adjourned at nineteen minutes past midnight.
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