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Allenby of Megiddo, V.
Arran, E.
Attlee, E.
Beaumont of Whitley, L.
Blaker, L.
Blatch, B.
Bledisloe, V.
Bowness, L.
Bridgeman, V.
Brooke of Sutton Mandeville, L.
Brougham and Vaux, L.
Buscombe, B.
Campbell of Alloway, L.
Chadlington, L.
Cobbold, L.
Cope of Berkeley, L. [Teller]
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Cuckney, L.
Cumberlege, B.
Darcy de Knayth, B.
Dixon-Smith, L.
Eccles of Moulton, B.
Eden of Winton, L.
Elliott of Morpeth, L.
Elton, L.
Finlay of Llandaff, B.
Fowler, L.
Gardner of Parkes, B.
Geddes, L.
Glenarthur, L.
Glentoran, L.
Goschen, V.
Hanham, B.
Hanningfield, L.
Hayhoe, L.
Hodgson of Astley Abbotts, L.
Howe of Aberavon, L.
Hylton, L.
Jenkin of Roding, L.
King of Bridgwater, L.
Knight of Collingtree, B.
Lamont of Lerwick, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Lucas, L.
Luke, L.
McColl of Dulwich, L.
MacGregor of Pulham Market, L.
Mackay of Clashfern, L.
Marlesford, L.
Mayhew of Twysden, L.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montrose, D.
Morris of Bolton, B.
Moser, L.
Mowbray and Stourton, L.
Moynihan, L.
Northesk, E.
O'Cathain, B.
Peel, E.
Perry of Southwark, B.
Plummer of St. Marylebone, L.
Renton, L.
Renton of Mount Harry, L.
Seccombe, B. [Teller]
Selsdon, L.
Shaw of Northstead, L.
Skelmersdale, L.
Skidelsky, L.
Soulsby of Swaffham Prior, L.
Steinberg, L.
Strathclyde, L.
Tenby, V.
Thomas of Swynnerton, L.
Ullswater, V.
Walpole, L.
Wilcox, B.
Williamson of Horton, L.
Windlesham, L.
Acton, L.
Addington, L.
Ahmed, L.
Alderdice, L.
Amos, B. (Lord President of the Council)
Ampthill, L.
Andrews, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Avebury, L.
Bach, L.
Barker, B.
Bassam of Brighton, L.
Bernstein of Craigweil, L.
Bhatia, L.
Blood, B.
Boothroyd, B.
Borrie, L.
Bradshaw, L.
Brennan, L.
Brooke of Alverthorpe, L.
Burlison, L.
Campbell-Savours, L.
Carter, L.
Carter of Coles, L.
Chan, L.
Christopher, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Crawley, B.
Dahrendorf, L.
Dearing, L.
Donoughue, L.
Drayson, L.
Dubs, L.
Eatwell, L.
Elder, L.
Evans of Parkside, L.
Evans of Temple Guiting, L. [Teller]
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Filkin, L.
Gale, B.
Gavron, L.
Gibson of Market Rasen, B.
Goldsmith, L.
Goodhart, L.
Gordon of Strathblane, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Griffiths of Burry Port, L.
Grocott, L. [Teller]
Hart of Chilton, L.
Haworth, L.
Hayman, B.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Howarth of Breckland, B.
Howells of St. Davids, B.
Hoyle, L.
Hughes of Woodside, L.
Jay of Paddington, B.
Kirkhill, L.
Lea of Crondall, L.
Linklater of Butterstone, B.
Lipsey, L.
McIntosh of Haringey, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
McNally, L.
Mar and Kellie, E.
Marsh, L.
Massey of Darwen, B.
Maxton, L.
Morgan of Drefelin, B.
Morris of Aberavon, L.
Morris of Manchester, L.
Murphy, B.
Neuberger, B.
Nicholson of Winterbourne, B.
Northover, B.
Oakeshott of Seagrove Bay, L.
Pitkeathley, B.
Plant of Highfield, L.
Ramsay of Cartvale, B.
Razzall, L.
Redesdale, L.
Rendell of Babergh, B.
Richardson of Calow, B.
Rodgers of Quarry Bank, L.
Roper, L.
Rosser, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Sandberg, L.
Scotland of Asthal, B.
Sharp of Guildford, B.
Sheldon, L.
Shutt of Greetland, L.
Simon, V.
Smith of Clifton, L.
Snape, L.
Stone of Blackheath, L.
Strabolgi, L.
Sutherland of Houndwood, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Tomlinson, L.
Triesman, L.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Walmsley, B.
Warner, L.
Warnock, B.
Warwick of Undercliffe, B.
Weatherill, L.
Whitaker, B.
Whitty, L.
Wilkins, B.
Young of Hornsey, B.
Young of Norwood Green, L.
Resolved in the negative, and amendment disagreed to accordingly.
13 Jan 2005 : Column 413
13 Jan 2005 : Column 414
3.2 p.m.
Clause 6 [Duty to notify parents of section 5 inspection]:
[Amendments Nos. 34 to 38 not moved.]
Clause 7 [Inspection at discretion of Chief Inspector]:
Baroness Sharp of Guildford moved Amendment No. 40:
Page 5, line 17, after "may" insert ", having first sought and secured the approval of the Secretary of State,"
The noble Baroness said: This is another relatively short amendment that is probing in nature. Clause 7, which is itself a very brief provision, states:
"The Chief Inspector may inspect any school in England, in circumstances where he is not required by section 2(2)(b) or 5 to do so".
"This clause replaces section 3(1) of the SIA [School Inspections Act] 1996 and gives the Chief Inspector the power to inspect any school at any time, even when not under a duty to do so under clause 2(2)(b) or clause 5. This allows the Chief Inspector to inspect any school where he may have cause for concern in respect of his general duty under clause 2. It also enables the Chief Inspector to conduct inspections for a range of purposes, including monitoring visits by HMI to schools in special measures, visits to schools to aid him in keeping the Secretary of State informed under clause 2, or to contribute to reports on, for example, the teaching in a single curriculum subject".
The probing issues I want to raise with the Minister are as follows: does this clause give any new powers to the chief inspector, or is it really just a straight mirror image of Section 3(1) of the School Inspections Act 1996? Will it mean monitoring visits for schools designated as "requiring significant improvement" as well as those in special measures? What will this provision mean for schools in terms of the notice period for such inspections? I beg to move.
Lord Filkin: In response to the first of the questions put to me by the noble Baroness, Lady Sharp, the intent and effect of Clause 7 is not new, although I will have to check the wording. It reflects the same powers as were previously in place.
However, the vast majority of the work of Ofsted will be undertaken through the powers given to the chief inspector under Section 5 for the routine inspection of schools, and through Section 2(2)(b) which will cover, for example, advising the Secretary of State on particular types of school such as specialist schools.
The purpose of the clause is to give the chief inspector the power to conduct visits for other purposes. This would include monitoring visits which take place once every term for schools causing concern, action which is based on a policy agreed with the Secretary of State as part of checking on the progress of such schools. In practice, therefore, there are very few instances where the chief inspector would be visiting schools without the prior agreement of the Secretary of State in some capacity. There will be a small number of occasions where the chief inspector has serious concerns about a
13 Jan 2005 : Column 415
school. Clause 7 gives him the power to act quickly, where necessary, if he has such concerns. We believe this to be fundamental to the independence of the chief inspector's role. As to whether he would be routinely visiting schools under the "significant improvement" requirement, the answer is no. These are inspected after a year.
In conclusion, we would not want to get in the way of the chief inspector's ability to discharge his duties effectively and to be able to inspect and report. As to what it means for the notice period, I will have to reflect on that question. I think it can be done without notice; but, if I am wrong on that, the noble Baroness will receive a rapid correcting letter. I hope that that is helpful. I invite the noble Baroness to withdraw her amendment if she feels so minded.
Baroness Sharp of Guildford: I thank the Minister for his reply. Yes, he has elucidated the purposes of the clause. We were particularly concerned about whether this requirement for "significant improvement" gave the inspector power to intervene rapidly on those occasions. It is reassuring to know that there will be a regular inspection process after a year. In view of those reassurances, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
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