Academies Bill [HL]

Baroness Thornton Excerpts

Wednesday 23rd June 2010 Lords Chamber

[Baroness Massey of Darwen]

I would not call humanism a faith; I would call it a belief.

[Baroness Thornton]

My Lords, I declare that I share the same belief as my noble friend Lady Massey.

I wish to ask some technical questions about employment and equalities law. The right reverend Prelate’s amendments are not innocent and possibly not sympathetic. I was the Minister who helped to take the Equality Bill through your Lordships’ House earlier this year, and I took part in many of the discussions on issues to do with the application of equalities legislation and employment law to religious schools and other establishments. I would like reassurance that the right reverend Prelate’s amendment does not seek to undermine or change what I thought was the agreement about the application of employment and equal opportunities legislation to all establishments and their employment practices. I am not completely happy with the agreement but it is the one that we came to in the course of that legislation,

I also seek reassurance from the Minister and the Government that they do not intend to accept the amendment and change the existing policy and practice, and that these schools—free schools, academies or whatever the Government decide to call them—will be expected to abide by the existing legislation in their employment practices.

This House has sometimes waxed lyrical about the number of guidance missives from what is now the Department for Education to schools on how they should undertake their employment practices. There is no question but that all maintained schools in this country have a clear idea about what their duties are as employers and how they should comply with them. Will the new schools be expected to find out for themselves what they should do? How will we ensure that they also abide by the law on employment practices and equal opportunities?

[Lord Baker of Dorking]

The noble Baroness, Lady Massey, referred to a debate that took place in this House some three years ago. At that time, some of us sought to move amendments to ensure that if new faith schools—not existing ones—were established, 25 per cent of the pupil roll should come from outside the faith or from no faith. For a fleeting moment the Labour Government supported us, as those who took an interest in these matters will remember; but as a result of a campaign by the Catholic Church which was—I cannot use the word “deceitful”—imaginative, shall we say, the Government ran away from that commitment. They sought to extend the threat to all existing Catholic schools and not only to new ones—the Catholic Church had established only two small new primary schools in 30 years—but the debate was about new Catholic schools. Anyway, as a result of that campaign, the Government ran away from that commitment.

However, the Anglican Church made a statement in the House—I see the right reverend Prelate nodding—which I completely support. I went to a Church of England primary school and I am not against church schools as such. There was nothing too emphatic about going to an Anglican primary school; it was not too passionate. It had all the attractive characteristics of the Anglican faith; it did not ask too much but it gave reassurance. The right reverend Prelate who spoke for the Church of England at that time said that, irrespective of the fact that the amendment had not been passed, when the Anglican Church established new faith schools it would ensure that 25 per cent of the intake would come either from outside the faith or from no faith. I would like some assurance that that undertaking is still in place. I do not expect the Minister to reply, because nothing is on the statute book, but reassurance from the right reverend Prelate would be most welcome. I maintain that it is sensible for children of different faiths to sit, play and eat alongside each other in school and to go home on the bus together, but I appreciate that sensitivities still exist. However, I still hope that that undertaking of the Anglican faith survives.

Academies Bill [HL]

Baroness Thornton Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Greaves]

My Lords, I fundamentally disagree with the eloquent but mistaken case that the noble Lord, Lord Bates, has just put forward. I discussed the matter this weekend with two chairs of school governing bodies in the area where I live. One of the schools is not sure what to do but has probably made further investigations and is therefore probably on the Government’s list of those schools that have made inquiries. It would rather not take this step but is wondering whether it will be forced to do so because otherwise it will be bad for the school. However, schools should not take this step for that reason. The second school has said plainly that it will not apply, no matter how good it is, because it does not want to break its links with the local authority. That is the school’s decision. Just because a school is outstanding does not mean that it is the right thing for that school to become an academy. A decision has to be made by the people connected with the school and, in my view, by the local community as a whole. As the noble Lord, Lord Adonis, said, if the proposal does not have considerable local support, it is unlikely to succeed.

I have a further amendment on this matter in the next group. As well as being confused about other things in the Bill, I am confused about today’s groupings, which all seem to be mixed up. Unfortunately I was stranded in Yorkshire this morning—the overhead wires were down in the Keighley area, and now I cannot even ask the noble Lord, Lord Adonis, to intervene in the situation—so I could not get here in time to sort out the groupings in relation to my amendments. Noble Lords will therefore have to listen to me again on the next grouping.

However, the issue of the wider community—to which I referred at Second Reading, in comments to which the noble Baroness, Lady Royall, kindly referred—is crucial and must be addressed. That would address some of the problems which the noble Lord referred to in terms of getting it right. Of course you have to get it right. However, I do not agree that the principle of consultation should not be in the Bill because the specific amendments which have been put forward are not quite right. I think that the Government will find it a great deal easier to get support for the Bill, and to get it through Parliament a bit quicker, if they are prepared to look very seriously at this issue.

The real problem is that the Secretary of State, Michael Gove, whom I admire in many ways, is a man with a rather revolutionary mission on this and other matters. Although I am all in favour of revolution, I am a liberal, and revolution must be based on two things. First, it has to be evolutionary—however revolutionary the end product is—and you must get there slowly or fairly slowly. Secondly, you have to take people with you. A sort of Leninist revolution whereby there is a leadership which everyone follows, and if people do not follow it someone such as Stalin comes along and makes them follow, is not the way forward. You must take people with you. A good process of consultation and debate locally among interest groups such as teachers, who have a legitimate interest in the school, and the wider community, is crucial.

The Secretary of State has impaled himself on a problem by setting September as the date by when the first new academies should be set up. Looking at the parliamentary timetable, I am not sure that this legislation can get through by September—not because it will be blocked or obstructed, but simply because of the time that it takes to reach the statute book. There is talk of bringing the Commons back, but if the Commons makes a few changes to the Bill, it will have to come back here, which would mean that it will not go through until we come back in October, unless we are all to be dragged back here screaming in September to get the Bill through in the interests of the revolution. I am not sure that the House of Lords is a body which usually marches behind revolutions—but who knows?

The Government must get themselves off this hook on which they have impaled themselves. They should accept that to do it properly—and it has to be done properly if it is going to work—it will take a bit longer. That is not delaying the legislation by years. Clearly that would be ridiculous. We need a sensible timetable, a sensible way of doing it, and a sensible way of getting local communities—all the people involved in the school, and other schools—to understand and to come to agreements on what is going to happen. If the process is done on the basis of a school selfishly and aggressively breaking away, it will not work. If it is done by agreement among people locally that this is an evolutionary way forward that will probably lead to other schools in the area becoming academies in due course, and if it is done in a sensible and organised way, then it might work.

[Baroness Thornton]

I cannot resist a comment on a division in the coalition between gradualist and vanguardist politics. I wish to make only one comment, which is that this coalition Government trumpet local responsibility and empowerment for local people. All that I urge the Minister to do is to pay heed to his noble friend Lord Greaves, not his noble friend Lord Bates.