(4 days, 16 hours ago)
Lords ChamberMy Lords, when the noble Baroness comes to reply to this amendment, can she assure us that her new committee will look at the question that the noble Lord, Lord Newby, raised as to whether the House of Lords already has the powers to do this? As the Convenor of the Cross Benches said, we all agree to the terms of the Writ of Summons. There is a very strong argument that that inherently gives this House the power, through its Standing Orders, to achieve what this amendment sets out to achieve. It is clear that this question has never been settled or established. The noble Baroness’s committee would be an ideal forum to do that, and I very much hope that it will.
My Lords, I am puzzled by the intervention just now by the noble Earl, Lord Attlee. For some time now, if a Member of this House has been posted abroad or for some other reason is unable to attend the House regularly, they apply for a leave of absence. It is as simple as that.
(1 week, 3 days ago)
Lords ChamberMy Lords, my noble friend was a most distinguished Secretary of State for Education, and I am very grateful to her for intervening in this debate. To answer her questions directly, she said that she was focusing only on new Section 436C(1), which is indeed the subsection that I particularly drew to your Lordships’ attention in covering paragraph (e). I have to disagree with my noble friend saying that it is okay; I do not think it is okay at all.
My noble friend asked what the onward obligation is to provide further information when, let us say, an extra teacher or the like is brought in. The answer according to the Bill is that there is a duty to inform the register every time, within 15 days, so that is the onward responsibility.
My noble friend is quite right that new Section 436C(2) refers to the local authority, not the parents. I pointed it out because there is an enormous number of requirements on the local authority in the registration process; they actually number 27. That is an illustration of how complicated the Bill has become and how unworkable it is in its present state.
My Lords, I very much support what the noble Lord, Lord Hacking, has said, as the Minister will know from my numerous amendments later in the Bill, which I look forward to discussing with officials.
I have three amendments in this group. Amendment 204 inquires after the process in subsection (3) describing condition A. I hope that the Minister can describe today what the Government’s reasoning is in making this change. When it comes to what the process is going to be and whether there is the capability in system to do it, I am happy to leave that to discussions with officials.
Amendment 210 questions the meaning of “without undue delay”. If the hereditary Peers Bill was amended to say that we were leaving without undue delay, I would regard that as a plus. Such phrases in the mouths of government tend to mean quite a long time. I would have thought that in these circumstances, where the education of a child is concerned, something tighter might be advisable.
Amendment 221 says that, if this is what it looks like, the parent really needs access to a tribunal. If a local authority is on song and doing things quickly and it all goes smoothly and fairly, fine, but there are a lot of local authorities—my noble friend Lord Wei named the most notoriously worst of them—where this is not the case, often just temporarily because of staff changes or short-staffing. In those circumstances, the parent needs some recourse, because it is the child that matters.