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In response to concerns about the possible erosion of Traveller education support services, the DCSF has commissioned the National Association of Teachers of Travellers to undertake a survey of its members to explore this issue in more depth. The results of the survey will be available in December and will enable the DCSF to implement appropriate action. To enable Gypsy, Roma and Traveller pupils who regularly travel with their families, the electronic learning and mobility programme has been extended to include more than 700 Gypsy, Roma and Traveller pupils who may otherwise have had their education interrupted.

I am sure that there is a lot more to talk about and I am concerned that I may not have answered all of the noble Lord’s questions. He suggested that I write to him, which I will do to expand on my comments. My colleague in the other place who joined the department at the same time as me, Sarah McCarthy-Fry, is the new Minister for Gypsies, Roma and Travellers. She is very keen to meet the noble Lord to hear his views on the subject and his perspective on the issues.

Although it is late, I hope that we have been able to continue the momentum that the noble Lord initiated and my noble friend Lord Adonis responded to. I hope that the noble Lord will feel able to withdraw his amendment.

Lord Avebury: My Lords, I am particularly grateful for the invitation from Sarah McCarthy-Fry. I hope that it will be possible to meet her with some of the officials from ACERT, with whom we had an extremely productive meeting with the noble Lord, Lord Adonis. I shall pursue that matter immediately. I am also grateful to the noble Baroness for what she said about the electronic learning programme. It is an impressive achievement that 700 pupils who would otherwise probably not have been receiving an education are in this programme. I congratulate the DCSF on what it has done on that. I very much look forward to the results of the NATT survey, which the noble Baroness said will be published in December. Perhaps that will provide a peg on which to hang the discussion with ACERT. I am most grateful to the noble Baroness for her reply and for promising to follow it up with a letter. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 148 [Constitution of schools forums]:

[Amendment No. 212 not moved.]

Clause 149 [Orders and regulations]:



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Baroness Morgan of Drefelin moved Amendments Nos. 213 to 217:

213: Clause 149, page 99, line 26, after “State” insert “or Lord Chancellor”

214: Clause 149, page 99, line 30, leave out “or section 49” and insert—

“( ) regulations under section 22(2) or 28(3), other than regulations for the purpose only of making provision within subsection (3A),

( ) an order under section (Enforcement of non-participation fine etc: person reaching 18)(9) or (Enforcement of non-participation fine: further provisions)(3),

( ) regulations under section 49,”

215: Clause 149, page 99, line 39, at end insert—

“(3A) Provision contained in regulations under section 22(2) or 28(3) falls within this subsection if it substitutes, for an amount for the time being specified in such regulations, a smaller amount.”

216: Clause 149, page 100, line 4, after “State” insert “or Lord Chancellor”

217: Clause 149, page 100, line 9, after “State” insert “or Lord Chancellor”

On Question, amendments agreed to.

Clause 151 [General interpretation]:

Baroness Morgan of Drefelin moved Amendment No. 218:

218: Clause 151, page 100, line 22, after “Act” insert “unless the context otherwise requires”

On Question, amendment agreed to.

Clause 156 [Commencement]:

Baroness Morgan of Drefelin moved Amendments Nos. 219 and 220:

219: Clause 156, page 102, line 8, at end insert—

“( ) section (National Curriculum for England: duty to implement assessment arrangements);”

220: Clause 156, page 102, line 13, after first “and” insert “89A to”

On Question, amendments agreed to.

[Amendments Nos. 221 and 222 not moved.]

Schedule 1 [Minor and consequential amendments]:

Baroness Morgan of Drefelin moved Amendments Nos. 223 to 240:

223: Schedule 1, page 104, line 7, leave out paragraphs 1 to 3

224: Schedule 1, page 105, line 4, leave out paragraph 6

225: Schedule 1, page 106, leave out line 32 and insert—

“the appropriate national authority (in Chapter 2 of Part 4)

section 337A”

226: Schedule 1, page 106, leave out line 35

227: Schedule 1, page 107, line 9, leave out paragraph 17

228: Schedule 1, page 108, line 12, leave out “Chief Inspector, the Chief Inspector” and insert “Welsh Ministers, the Welsh Ministers”

229: Schedule 1, page 108, line 13, leave out “Chief Inspector” and insert “Welsh Ministers”

230: Schedule 1, page 108, line 14, leave out “Chief Inspector’s” and insert “Welsh Ministers’”



30 Oct 2008 : Column 1831

231: Schedule 1, page 108, leave out lines 16 to 19

232: Schedule 1, page 108, line 24, at end insert—

“( ) The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority’s functions under section 167A or by virtue of section 167B.”

233: Schedule 1, page 108, line 32, after “Wales,” insert “the Chief Inspector,”

234: Schedule 1, page 108, line 32, leave out “, HMCI”

235: Schedule 1, page 108, leave out lines 37 and 38

236: Schedule 1, page 108, line 44, leave out “HMCI” and insert “the Secretary of State”

237: Schedule 1, page 109, leave out lines 3 and 4

238: Schedule 1, page 120, line 34, at end insert—

“89A The Education and Inspections Act 2006 is amended as follows.

89B In section 74(3) (implementation of curriculum requirements for fourth key stage)—

(a) for the words from the beginning to “insert—” substitute “In section 88 of EA 2002, after subsection (1A) insert—”;

(b) in subsection (2) of the inserted text, for “subsection (1)” substitute “subsections (1) and (1A)”.”

239: Schedule 1, page 120, line 35, leave out “of the Education and Inspections Act 2006”

240: Schedule 1, page 121, line 5, at end insert—

“Criminal Justice and Immigration Act 2008 (c. 4)

(1) Schedule 7 to the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders: modification of provisions applying to youth rehabilitation orders) is amended as follows.

(2) In paragraph 5 (enforcement, revocation and amendment of youth default order), in sub-paragraph (1), at the end add “but subject to paragraph 5A”.



30 Oct 2008 : Column 1832

(3) After that paragraph insert—

“Enforcement, revocation and amendment: order made in respect of conviction under section 45 of the Education and Skills Act 2008

5A (1) This paragraph applies where—

(a) a youth default order has been made in a person’s case in respect of a fine imposed on conviction of an offence under section 45 of the Education and Skills Act 2008 (offence relating to failure to participate in education or training), and

(b) the person has reached the age of 18.

(2) Paragraph 5 has effect as if sub-paragraph (3) provided for any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence to be taken to be a power to—

(a) revoke the youth default order, and

(b) specify the amount of the relevant sum (within the meaning given by section (Non-participation fines: interpretation) of the Education and Skills Act 2008) that, having regard to the extent if any to which the person has complied with the order, is to be treated as remaining unpaid and, accordingly, to be enforceable by virtue of section (Enforcement of non-participation fine etc: person reaching 18) of that Act.””

On Question, amendments agreed to.

Schedule 2 [Repeals and revocations]:

Baroness Morgan of Drefelin moved Amendments Nos. 241 and 242:

241: Schedule 2, page 121, leave out lines 11 to 16

242: Schedule 2, page 122, line 38, leave out “paragraphs 5(2)(a) and” and insert “paragraph”

On Question, amendments agreed to.


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