Education: Philosophy

Baroness Hayman Excerpts

Tuesday 1st November 2022 Lords Chamber

[Baroness Barran (Con)]

Research shows that having a consistent core curriculum and a consistent set of values, which we have in this country, are fundamental to making sure that our young people can connect and have a sense of mutual respect and understanding.

[Baroness Hayman (CB)]

My Lords, in addition to the need to develop critical thinking, does the Minister agree that many children are held back by an inability to articulate arguments and to express themselves properly? Therefore, will she add her support to the many organisations that are encouraging public speaking, and debating in particular, in state schools?

[Baroness Barran (Con)]

I am absolutely delighted to add my support. The evidence on the value of oracy beyond simply public speaking is all important and very clear, and the department is working on it.

Skills and Post-16 Education Bill [HL]

Baroness Hayman Excerpts

Report stage
Tuesday 12th October 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I rise to speak to the amendments in my name. Before doing so, I pay tribute to my predecessor, my noble friend Lady Berridge. I thank her for all her hard work and the dedication that she brought to this role.

I will speak to Amendments 1, 2, 4, 15, 22 to 25, 51 and 52, which are in my name. The first set of these amendments makes clear that duties related to local skills improvement plans will apply only to relevant providers that deliver English-funded post-16 technical education or training that is material to a specified area in England. “English-funded” is defined as education or training funded by the Secretary of State or an authority in England. This includes student finance provided by the Secretary of State and covers subcontracting arrangements to relevant providers.

These amendments will help clarify and ensure that English-funded technical education and training provision that is material to an area in England is better aligned to employers’ skills needs, leading to good jobs for learners and improved productivity. The amendments also make clear that employers that provide English-funded education and training only to their own employees are excluded from the definition of an independent training provider.

Clause 22 places a requirement on the Secretary of State to take into account any applicable local skills improvement plan when assessing whether the institution has failed to meet local needs. As a consequence of the amendments to Clauses 1 and 4, Clause 22 has also been amended to reference providers of English-funded education and training.

I now turn to government Amendment 49, regarding the list of post-16 education or training providers. First, I want to set out that the Government strongly value the role of independent training providers in helping to provide a diverse and innovative learning offer.

Amendment 49 ensures that regulations setting up the list of relevant providers can allow the Secretary of State, or any other suitable person or organisation identified in regulations, to exercise discretion about whether certain conditions have been met by relevant providers. This is required to ensure that any conditions set are practically workable and that there can be legal certainty over whether a provider meets some of the criteria.

For example, if the regulations set out that a provider must have a student support plan in order to be on the list, this amendment ensures that it will be permissible for the regulations also to set out that the Secretary of State or other suitable person may determine whether that plan is of reasonable quality. The ability to exercise such discretion would be introduced only after consultation, which is required for the first regulations made under this clause. The nature of any such discretion would be subject to additional parliamentary scrutiny and debate, given that the relevant regulations are subject to the affirmative procedure. This amendment will help to ensure that this policy can be applied in a workable, certain and proportionate way, helping to preserve the continuation of study for learners and keeping learners engaged in the event of a provider exit.

Amendments 5 and 6 in my name relate to climate change, net zero and the environment, and to the skills needed to support the transition to a net-zero carbon economy and to recover our natural world. The Government recognise the dual crises of climate change and biodiversity loss. We will need a workforce with the right skills and expertise to support and build a net-zero carbon economy and restore nature. To this end, we are working closely with BEIS and Defra to ensure that skills are at the heart of the Government’s environmental agenda. This will be emphasised by the proposed amendments, which will reflect our aims within legislation.

The amendment provides that the Secretary of State may approve and publish a local skills improvement plan only if satisfied that the skills, capabilities or expertise required in relation to jobs that directly contribute to or indirectly support the net-zero carbon target, adaptation to climate change and other environmental goals, have been considered in the development of the plans. This will ensure that employer representative bodies consider such skills needs when developing the plans. Through this amendment, local skills improvement plans will be an important tool supporting the Government to meet the new legally binding environmental targets being set via the Environment Bill, which will include a target to halt the decline in species abundance by 2030. Moreover, it will also aid the progress on environmental improvement plans, the first being the 25-year environment plan mentioned in the amendment tabled by the noble Baroness, Lady Hayman.

We will set out further details in statutory guidance, working closely with BEIS and Defra. These amendments, in addition to the statutory guidance, will support our collective efforts towards achieving our ambitious climate change and wider environmental objectives. I beg to move.

[Baroness Hayman (CB)]

My Lords, I remind the House of my interest as co-chair of Peers for the Planet. Together with the noble Baronesses, Lady Morgan of Cotes and Lady Sheehan, and the noble Lord, Lord Knight of Weymouth, I have tabled Amendments 3, 7, 17 and 64 in this group. Amendments 3, 7 and 17 were tabled and discussed in Committee, but I am delighted that I do not have to press them and the case for them in the House today because of Amendment 6, to which the Minister has just spoken.

Education: Climate Change Science

Baroness Hayman Excerpts

Thursday 16th May 2019 Lords Chamber

[Baroness Hayman (CB)]

My Lords, the Minister is absolutely correct to lay out the measures that the Government have already taken—but was the noble Lord, Lord Rooker, not right to say that young people are aware and frightened of the effects of climate change and environmental degradation and that they are asking us, the generations represented in this House, to make a step change in what we are doing? Resting on our laurels will not protect our grandchildren.

[Lord Agnew of Oulton]

I respectfully disagree with the noble Baroness; we are not resting on our laurels. I just gave some examples of the things we are doing and how we are leading the developed world with our carbon-reduced economy. We have only recently introduced the 25-year environment plan, which encourages children to participate. We are on track, but we have to keep this in the public eye.

Schools: Staffing

Baroness Hayman Excerpts

Thursday 4th April 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, last year we increased the main scale pay rate for teachers by the largest amount in nearly 10 years. Teachers are well paid, and deservedly so. This year, we are increasing the contribution to their pensions by some 43%, one of the largest increases in any pension contribution in the country.

[Baroness Hayman (CB)]

My Lords, it is very difficult for those of us who are not experts in the subject to gather from the interchanges that have taken place the actual position of per-pupil funding in schools. I would therefore be very grateful if the Minister would tell me whether the assertions that have been made about per-pupil funding in schools are correct or not.

[Lord Agnew of Oulton]

My Lords, the noble Baroness is right: it is complicated, and that is why we introduced the national funding formula, which put another £1.3 billion into the system. Since 2017, we have given every local authority more money for every pupil in every school, while allocating the biggest increases to schools that have historically been the most underfunded. There are 43 local authorities that between 2017-18 and 2019-20 have seen a 4% or greater increase per pupil.

Department for Education: Use of Statistics

Baroness Hayman Excerpts

Thursday 11th October 2018 Lords Chamber

[Lord Agnew of Oulton]

I am not aware of the practice in other government departments. As I said in my earlier answer, this is a subject of ongoing debate. We have to consider where the cost of this education lies. Is it with the individual, who will benefit in his or her future, or with the general taxpayer?

[Baroness Hayman (CB)]

One of the most chilling remarks I heard during my limited time in government was from a special adviser complaining about civil servants being “prissy” with the figures. Will the Minister take this opportunity to state clearly that the Government believe it is an absolute duty of civil servants to be prissy about the figures?

[Lord Agnew of Oulton]

My Lords, as I said in answer to the noble Lord, Lord Blunkett, I am not aware of any undue pressure. In all my dealings with officials they are meticulous in the presentation of their data. Many noble Lords will be aware that there has been a tightening of data releases, so Ministers are not privy to information until 24 hours before it is released. I can assure you, there is no skulduggery going on as far as I am aware.

Schools: Academies

Baroness Hayman Excerpts

Tuesday 3rd May 2016 Lords Chamber

[Lord Nash]

There are 960 primary sponsored academies open as of April this year, many of which previously suffered from chronic underperformance. In 2015, the percentage of pupils in sponsored primary academies achieving the expected level in reading, writing and maths at the end of key stage 2 rose by four percentage points to 71%. Results in primary sponsored academies open for two years have improved on average by 10 percentage points since opening—more than double the improvement in local authority-maintained schools over the same period.

[Baroness Hayman (CB)]

My Lords, I listened carefully to the noble Lord’s answer. I thought that the noble Lord, Lord Watson, asked how many organisations had come out in favour of every school being forced to become an academy. The Minister made some comments on academies in general but I am not sure he answered that question.

[Lord Nash]

I do not think I did, and I do not think PR is actually my job.

Academies Bill [HL]

Baroness Hayman Excerpts

Wednesday 23rd June 2010 Lords Chamber

[Lord Hunt of Kings Heath]

I shall speak also to Amendments 14, 74, 79, 96, 124 and 125. I start by offering my congratulations to the noble Lord, Lord Hill, on his ministerial appointment. This is my first opportunity to be able to do so from the Dispatch Box. I have greatly appreciated his approach and his evident willingness to listen to the points put to him and respond in a most helpful way. I hope that the noble Lord will accept that our amendments are in the same spirit. They are designed to be constructive and to probe some of the detailed provisions in the Bill before us.

I am sure we all share the same aim of wanting to enhance and improve state education and to do so in a way that fosters collaboration between schools and has a positive impact on the state education system as a whole within each local authority area. The way schools become academies is an important element of that and is covered by Amendment 6A. The Bill sets out two academy arrangements. They are an academy agreement and academy financial assistance. This probing amendment seeks to remove the latter approach in Clause 1(2)(b).

The reason for an academy agreement is clear: there has to be an agreement and payments under it have to continue for a minimum period of seven years or indefinitely with seven years’ notice. There is also the financial assistance route. In discussions on the first day in Committee, the Minister said:

“The point of having two ways of establishing an academy is that in addition to the current funding agreement route, it was thought to be sensible also to have a flexible way of approaching the subject, particularly in so far as the new free schools might be concerned”.—[Official Report, 21/6/2010; col. 1221.]

The Minister was subsequently asked by the noble Lord, Lord Greaves, whether it is the Government’s intention to use the legalisation before us rather than the 2002 Act for free schools. The Minister promised to clarify that, and my amendment allows him an opportunity to do so. Interestingly, in the Minister’s statement on free schools policy, in answer to a question from the noble Baroness, Lady Walmsley, he said that in regard to the financial assistance funding arrangements in Clause 1(2)(b), which can apply to all academies, not just free schools:

“The point of having a grant rather than a seven-year funding arrangement is that, particularly with a free school, which is a new and untried school, the Secretary of State might not want to be bound into an agreement for seven years and might prefer something that gives him greater flexibility”.—[Official Report, 21/6/10; col. 1192.]

The Minister wrote to us on Friday that academies funded through grant funding would have the conditions of their grant outlined in a grant letter, and that it is for the Secretary of State to decide the terms of conditions. I understand the point about flexibility. Indeed, how I would have wished for that type of flexibility in the 20 or so Bills that I have taken through your Lordships’ House. Understandably, however, your Lordships have been reluctant to give so much authority to Ministers without effective parliamentary oversight, and I remind the Minister that the theme of yesterday’s Budget was the need for rigorous control of cost in the public sector. I would have thought that that would have involved a rigorous process when deciding the merits or otherwise of a free-school application. I question why the Government lack so much faith in the process that they are establishing that they need a get-out clause on funding in case their judgment is wrong, and I suggest to Minister that one way in which to ensure more rigour in the application process is to have proper consultation and a significant role for local authorities.

Both the Bill and the Explanatory Memorandum are remarkably lacking in detail on the financial assistance funding mechanism in Clause 1(2)(b). That is unacceptable, which brings me to my Amendment 14, which seeks to deal with this by proposing that any such financial assistance that is to be given under Section 14 of the Education Act 2002 should be set out in regulations and subject to the affirmative procedure. Noble Lords around the House have consistently called for greater parliamentary scrutiny of the Executive, which, in the case of free schools and the scanty provisions in this Bill, is certainly justified.

My Amendment 79 is in a similar vein. It would provide for the Secretary of State to make regulations on academy arrangements, and would give some measure of parliamentary scrutiny.

My Amendments 124 and 125 continue this theme. The Bill at Clause 4(6) removes the sensible requirement for the Secretary of State to exercise his powers to make academy orders by statutory instrument. Amendment 124 would delete subsection (6), thereby reinstating that requirement. Of course, if the Bill is passed and thousands of independent state schools are created, there will be the practical issue of processing those orders through Parliament, so we have come up with one option to deal with this; Amendment 125 would require the first two orders in each local authority area to be subject to the affirmative procedure. That would not be unreasonable. It would allow each local authority area to be examined, and the impact of academies and free schools on the school system as a whole to be assessed by Parliament.

There may be other approaches, but the substantive point is that the appropriate parliamentary scrutiny must be established, and I hope that the Minister will be able to be positive about this. I should say to him that I find it richly ironic that the coalition agreement promises a radical devolution of power to local government. The reality is somewhat different, as this Bill shows. In essence, Ministers are aggrandising huge powers to themselves and, in the case of free schools, on the basis of rather ambiguous evidence provided today by the Institute of Education. We therefore believe that it is vital that Parliament must be able to scrutinise properly the process of approving the academies and free schools.

Amendment 74 is another probing amendment. Adequate insurance cover will of course be important. I am sure that this point is covered in legislation, but it would be good to have confirmation from the Minister.

On Amendment 96, I declare an interest in that my wife is an assistant principal at Joseph Chamberlain Sixth Form College, Birmingham. Our amendment would place a duty on the Young People’s Learning Agency to ensure fair funding between schools at sixth-form level. Colleges educate and train more than 700,000 young people aged 16 to 18 compared with about 487,000 in schools’ sixth forms. They provide high-quality opportunities for 16 year-olds from all backgrounds to stay in learning. Their contribution will be critical at the current time. Fair public investment in all young people will further enable colleges to carry out their role effectively.

The previous Government took action to reduce the funding gap from 13 per cent between schools and colleges to 9 per cent. It is also worth bearing in mind that colleges face additional costs related to VAT and capital projects, for which schools receive 100 per cent state funding. The additional funding for schools is given despite evidence that colleges are more successful in helping students to achieve and that they recruit a more disadvantaged cohort of students. Colleges have a more rigorous system of outcome measurements because retention rates are also taken into account.

Of those young people who receive the education maintenance allowance 69 per cent are in college, while official data show that 7.4 per cent of school sixth-form pupils were on free school meals at the age of 15 compared with 10.1 per cent in sixth-form colleges and 15.9 per cent in FE colleges.

In debates on the Apprenticeships, Skills, Children and Learning Bill in the previous Parliament, the then Minister, my noble friend Lord Young, said that the YPLA will set out progress in reducing the funding gap in its annual report. Further research would be carried out and a report placed in the House Library once the year 2011-12 has been completed. The coalition agreement states that public funding for colleges should be fair and follow the choices of students. I would welcome confirmation that the Government would still expect the YPLA to report on the funding gap in its annual report. That being so, I hope that the Government could state what action they might consider taking to ensure that all 16 to 18 year-olds are funded fairly. I beg to move.

[The Lord Speaker (Baroness Hayman)]

I have to inform the Committee that if Amendment 6A is agreed, I cannot call Amendments 7 or 8 by reason of pre-emption.

[Baroness Garden of Frognal]

My Lords, I shall speak to Amendments 7, 11, 15, 16 and 80 in this group. While not agreeing with everything that the noble Lord, Lord Hunt, has said, we share his admiration for the work that is done by further education colleges. Amendments 7 and 11 innocently seek to change “or” to “and” and “and” to “or”, but they in fact raise one of central issues in the Bill; that is, the difference between an academy agreement and academy financial assistance. At present the only route to becoming an academy is by negotiating a detailed funding agreement which sets out the terms and conditions under which the academy is to operate. This Bill introduces a new route; namely, academy financial assistance granted under Section 14 of the Education Act 2002, which I think is the one that the noble Lord seeks to delete.

In the guidance issued by the Department for Education to schools thinking about applying for academy status in response to the Secretary of State’s recent letter, it is clear that there are two distinct stages in the application. The first stage is submitting an application for approval to convert to an academy, having it checked over by the department and, if approved, receiving an academy order. Only after receiving an academy order can the school begin detailed negotiation over the funding agreement which becomes the academy agreement. This includes such things as negotiating the TUPE arrangements with the unions and leasing land transfer agreements with the LEA. There will be annexes dealing with such things as admissions, exclusions and SEN.

Although the Minister has made it clear in the discussions we have already had that there is now a standard form of the funding agreement on which most funding agreements would be based, it is and will be an individually negotiated contract between the Secretary of State and the academy trust. In his letter of 18 June, the Minister made it clear that academies funded by the financial assistance route would not have a contract as such but would receive their funding through a grant letter from the Secretary of State. The provisions of that letter would be in line with those in the funding agreement, including commitments on admissions et cetera.

There are however a number of questions still unanswered on which I would like to probe the Minister further. First, how far are the two routes exclusive? Is the second route under subsection (2)(b) essentially that by which the new free schools will be set up, whereas subsection (2)(a) is the route for the conversion of existing schools? Alternatively, is it envisaged that the new fast-track procedures for outstanding schools should use the financial assistance route because the flexibility this gives the Secretary of State means that negotiations can be concluded more quickly?

Secondly, I turn to the issue addressed in Amendment 11. Might a school be partially funded by one method and topped up by another? The use of the word “and” in subsection (3)(a) is ambiguous and could imply that funding will be both by agreement and by grant, or does this deal exclusively with academy agreements? Where is the accountability in the financial assistance route when funding is given under Section 14 of the Education Act 2002? Does that not give the Secretary of State remarkably wide powers. A letter dated last Friday, 18 June to the Times from Peter Newsam, for example, suggested that whereas the academy agreements give schools the security of a seven-year agreement against arbitrary changes, Sections 14 and 16 of the 2002 Act give the Secretary of State almost unlimited powers to vary the terms of payment. What recourse, if any, would a school have against such arbitrary actions?