Academies Bill [Lords]
Debate between Dan Rogerson and Lord Coaker(13 years, 9 months ago)
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Dan Rogerson (North Cornwall) (LD)
I welcome you back to the Chair on the third day of our Committee proceedings, Ms Primarolo.
My hon. Friend the Member for Southport (Dr Pugh) presented a strong argument, which the Minister clearly needs to answer, on whether the Bill currently goes far enough in giving those who care about the future of their school the opportunity to be involved in determining it. My hon. Friend set out the case for a ballot and looked back to the previous Conservative Government’s decisions about grant-maintained status, which he looked to as a model. Like other hon. Members, he acknowledged that our noble Friends in another place debated consultation at length, hence the provision, which should have been included from the outset, for consultation. The hon. Member for Stockton North (Alex Cunningham) mentioned it, and it has improved the Bill a great deal.
My hon. Friend referred to the parents of children who currently attend the school as the electorate in such a ballot. As my hon. Friend the Member for Portsmouth South (Mr Hancock) pointed out, many other interested parties may wish to be part of it. I therefore think that amendment 8 is a very useful tool for prompting a discussion on who should be consulted and how.
We are considering a series of amendments, which examine consultation and votes in detail. The hon. Member for Brighton, Pavilion (Caroline Lucas) tabled a new clause, which would allow for a reversion to maintained status if there were a trigger. She set out a 10% threshold on that. We could make some sort of hybrid amendment that sets out a 10% threshold of parents to trigger the kind of ballot that my hon. Friend the Member for Southport mentioned, or adopt a model based on the amendments tabled by the Opposition, which are more specific on who should be consulted and how that should happen. The debate is therefore important.
Vernon Coaker
The hon. Gentleman makes a perfectly reasonable point, but the problem is that we cannot amend the Bill unless we win a vote. That is the problem with this process. Frankly, we all feel immense frustration. His point is exactly right, but we cannot amend the Bill.
Dan Rogerson
The hon. Gentleman has made that point on a number of occasions—this afternoon and previously—but the fact remains that it is a question not just of whether we amend the Bill, but how we do so. That is what we are debating. When the Minister responds, he might say what the guidelines are for consultation on aspects of the Bill following debates in another place.
Amendment 8, which was moved by my hon. Friend the Member for Southport, is quite specific about one group of people who will be affected and who may take an interest.
Dan Rogerson
My hon. Friend is right that amendment 8 sets out such a procedure, but the question is whether we should adopt it and whether it will allow everybody who might want a ballot to trigger one.
Dan Rogerson
I should like to make a little progress, after which I will happily give way to the hon. Gentleman, who I hope will contribute to the debate on this group of amendments.
The key question is this: do we feel that there is enough consultation provision in the Bill? There is also an issue of timing, to which my hon. Friend the Member for Southport and others referred when speaking to amendment 9. Is it possible to have meaningful consultation after an application has been made to the Secretary of State? In the debate in the other place this issue was addressed, and, as I recall, it is the signing of the funding agreement that makes things final. Therefore, should consultation reveal that everyone in the wider community is horrified by the idea of the school becoming an academy, there would be the option not to proceed. In other words, before the final funding agreement is signed, the application could be withdrawn and the process stopped at that point. There is a misunderstanding about when the point of no return is reached. It is not when the application is approved, but when the funding agreement is signed.
Dan Rogerson
How could I resist the opportunity to respond to the hon. Member for Hartlepool (Mr Wright), who has thrown his glove across the Floor of the House to land at my feet?
The hon. Gentleman is obviously pining for the day on which there is a Liberal Democrat majority Government—[Interruption.] I look forward to working with the hon. Gentleman. Given the way in which his party has conducted itself in opposition, he and his hon. Friends may well be working towards such an arrangement even now.
Let me say, in all seriousness, that the hon. Gentleman is absolutely right to suggest that if the Liberal Democrats had been the majority party, we would have proceeded with the sponsor-managed schools option. However, we are not in that position. As the hon. Gentleman pointed out, we are in a coalition Government with a coalition agreement, and it is clear that some policies emanate from one partner in the coalition and some from the other. That is the way it works in coalition agreements all over the world, in countries where arrangements such as this are far more common than they have been in the United Kingdom, at least for several decades.
I do not think that academies are the answer. I did not think that they were the answer when the hon. Gentleman’s party was in charge of the policy, and I do not think that they will necessarily be the answer for all schools now. However, following the coalition agreement, the Bill contains a series of provisions enabling communities, where there is a will, to allow schools to adopt academy status. It remains to be seen how many will take up the option and what use they will make of it. Amendments were made in another place, notably with regard to the provision of additional schools—which I know concerned the hon. Gentleman in earlier debates—and assessments of the impact on the surrounding area.
Consultation is vital. We have already engaged in a full debate on that issue, and I shall not go over the ground again. I will say, however, that the hon. Gentleman spoke of commitments by a political party in a set of circumstances prior to a coalition agreement which has been published and is available for everyone to examine and discuss. Believe me, people in my constituency and others have been discussing it, and we have had many debates on it. That should not come as a surprise to the hon. Gentleman.
I had the honour of serving in the last Parliament, when the hon. Gentleman stood at the Government Dispatch Box ably standing up for—it must be said—the sometimes slightly dodgy policies that his party was producing. He must have seen us sitting on the Opposition Benches below the Gangway—where his hon. Friend the Member for Gateshead (Ian Mearns) is sitting now—talking to some of his hon. Friends who were then sitting on this side of the Committee. They were sorely tempted to join us. Lord McAvoy, as he now is, would have been there, casting his eye over Labour Members and making sure that that did not happen.
It could be said that we are now in similar circumstances in terms of the way in which this place works, but it can only work, and a Government can only work, when there is an agreed programme. We have an agreed programme, and the Government are proceeding with it. However, I am pleased that the Minister was willing to listen—as was his noble Friend Lord Hill—to Members of our party and our side of the coalition, and to other noble Lords and hon. Members, and to make provision to allay some of the concerns that have been raised.
Vernon Coaker
Let me explain why we consider new clause 7 so important. Subsection (1)(c) refers to
“social cohesion in the local authority area where the school is situated.”
Under the Bill, as part of the funding agreement, if a pupil is excluded from an academy during the year, the academy will keep the funding as if the pupil had not been excluded, but the local authority—or someone else—will have to provide the funding for that excluded pupil somewhere else. It is because of such provisions in the Bill that some of us consider an impact assessment to be vital. Otherwise, when a pupil is excluded, the academy will keep the money and the pupil will become the responsibility of the local authority, which will have no funds with which to carry out that responsibility.
Academies Bill [Lords]
Debate between Dan Rogerson and Lord Coaker(13 years, 10 months ago)
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Vernon Coaker
Perhaps the hon. Gentleman would like to table an amendment to provide that schools choosing such a route must consult parents and the local community, and that any application for such status should depend on not only the head teacher and the governing body, but the broader community, particularly parents. I take his point that parents are always important in education, but that applies particularly to parents of pupils in special schools. They are especially dependent on not only the support that the schools give the young person, whom they have the responsibility of educating, but the emotional advice and support that they often give parents, sometimes in very difficult circumstances. If the hon. Gentleman thinks that that is important, why does not he amend the Bill to make it a requirement that schools taking the route that he suggests consult parents? It should not be a case of a whimsical, “It’s good practice if you do that, it’ll be in the funding agreement.” Let us have a bit of clarity about what is expected from such a radical reform.
Dan Rogerson
The hon. Gentleman is even-handed, for which I thank him. I direct him to clause 5, which deals with consultation on conversion. Subsection (1) states:
“Before a maintained school in England is converted into an Academy, the school’s governing body must consult”.
It includes the word “must”. Has he looked at the version of the Bill that came from the other place?
Vernon Coaker
I have, and the subsection goes on,
“must consult such persons as they think appropriate.”
Why does not it specify parents? It simply says, consult “as they think appropriate.” I have read the Bill and I can read the words “as they think appropriate.” Subsection (3) states:
“The consultation may take place before”—
which is fine—
“or after an Academy order”.
The hon. Member for Folkestone and Hythe (Damian Collins) made a good point. If a school, particularly a special school, wants to follow the route that he proposed, one should not have a broad “consult people where appropriate” provision, but a list of people, including parents, who are exceptionally important, to consult. Why does subsection (3) say “before or after”? I am not a cynic, but the vast majority of our constituents will think that, if we provide for a school to consult after an academy order is made, such consultation is just a way of smoothing the process, rather than proper, legitimate consultation about whether it is the right thing to do. The constituents of the hon. Member for North Cornwall may be different from mine, but that is what my constituents would think.
Vernon Coaker
It is never as simple as yes or no.
The hon. Gentleman and I have worked together a great deal over the last few years, and no doubt we will work together more over the next two or three years, or however many there may be. As I have made clear on a number of occasions, I have not said that I am opposed to academies. That would be hypocrisy of the highest order, given that I agreed to the establishment of a number of academies, and given that many of the academies that will open in September are academies to whose establishment I agreed.
I think it right to seek to increase the number of academies when that is appropriate, whether they are primary or secondary schools, although I prefer all-through academies. However, I do not think it right to fast-track outstanding schools to academy status, and to allow academy status to primary and special schools when there is no real evidence in favour of such action.
It is not a case of retreating in the direction of the Socialist Educational Association, many of whose members would oppose any academy. I do not oppose every or any academy. What I propose is a third way, which has been proposed by neither the Government nor the Socialist Educational Association but which, according to some famous politician, makes it possible to find a balance between two alternatives in order to move forward.
I want to ask the Minister a few more questions. What arrangements will there be for primary schools that are members of federations to apply for academy status, and what are the implications for each school? Can schools apply as a group, or must they apply individually? As I said, there are important questions to be asked about how academy status will work for nurseries, and about the arrangements for collaboration and funding. How will things be arranged between a local authority and a primary school if the authority has given large amounts of money to the school? How does the Minister expect small rural schools to become primary academies? What criteria will apply to them, as opposed to primary schools in the middle of cities?
Those are serious questions, and I know that the Minister will reflect on them seriously. However, as in the case of special schools, I find it slightly regrettable that we do not already know many of the answers. As I have said, the evidence base is fairly poor, given the magnitude of the decisions that we must make.
Dan Rogerson
May I welcome you to the Chair, Mr Evans, at this stage in the proceedings? Earlier, Mr Chope reminded us that it is out of order to refer to the decision about which amendments have been selected and which have not, so I will not reflect further on that and thereby risk being called out of order, except merely to say that I am delighted that amendment 48 in my name was selected.
The hon. Member for Gedling (Vernon Coaker) has set out the dangers he foresees in primary schools being allowed to follow the academy route, but he adds that he is none the less an advocate of the academy system and that he thinks it is a success. I come at this from a different angle: I think the jury is still out because the evidence is balanced as to whether the academy structure has made a substantial difference to results. We Liberal Democrats have not been entirely convinced, although some party members have advocated academies throughout the process. Other arguments can be put as to why schools that have been established as academies have been successful and we talked about some of them on Second Reading, so I will not rehearse them at length. If I were to do so, I am sure you would rule me out of order, Mr Evans, but there are arguments to do with leadership and the resources put into academies, for instance.
This is a permissive Bill. We will either allow schools to examine, and consider following, this route or we will not. From visiting schools in my constituency, it seems fairly clear that not many of them are interested in doing so. They do not see it as right for them. They are largely happy with their relationship with Cornwall council, their local authority. I welcome that, and I am sure it is also the case in many other parts of the country. I believe that local authorities have a role to play and they have often played a good role in the past. However, that has not always been the case, because there are undoubtedly places where the relationship has broken down and there have been failings. The fact that not many schools in my area wish to follow the academy route does not, however, strike me as necessarily an argument for saying that it should not be open to them.
I tabled amendment 48 in order to have a debate about primary schools. I am therefore pleased that we are having that debate, and I would like to add a number of questions to those already asked by the hon. Gentleman. He raised the important issue of federation. It is being explored in many rural areas—and, I imagine, increasingly in urban areas too. Federation is often controversial because people sometimes feel they are giving up some measure of control over their local school, but my experience of those federations that have been formed—there are three or four in my part of the world now—is that the governing bodies and communities can come together. They still have their own school in their community and it performs a vital function not only in terms of education but in many other ways as well, especially for rural village communities. Therefore, if these schools become part of something a bit bigger, it means they are able to support a full-time head—and to recruit one as well, which is increasingly an issue. Federation can be a crucial step, therefore.
There are questions, however, about what approach the Government should take to applications for federation and how they would be explored. There are also, perhaps, issues to do with capacity. I hope, therefore, that no primary school approaches this option lightly. If they are considering it, they should reflect on their own situation and what resources they will have to take advantage of any freedoms that arise. That is an important consideration.
There are questions to do with the monitoring of schools as well. I have discussed that briefly with the Minister outside the Chamber. There is a role for the Young People’s Learning Agency in monitoring academies to ensure that they meet the criteria set out in the Bill. I hope that the Minister will be able to reassure us that if primary schools, in particular, are going to go down the academy route, they will have the capacity to be able to do that and to manage a relationship with a much larger number of schools. If primary schools are to take up that option, the number of schools involved will be much greater than has been the case up to now.
The idea of all-though schools, to which the hon. Member for Gedling referred, presents an exciting opportunity. One of these schools is coming to my constituency and, again, the trust and confidence of the local people has to be won; they have to feel that the change will protect what they may see as younger, vulnerable pupils in that bigger set-up. That argument has been won in one community and this may be a route that some take towards academy status.
As I said at the beginning of my remarks on the clause, I am not convinced that this is necessarily the best route for everybody. My hon. Friends, some of whom spoke on Second Reading, have made it clear that they have concerns about the model too.
Vernon Coaker
I thank the Minister for his response and the information that he gave us in answer to some of our questions. The issue of VAT is interesting; I am not quite sure of the mechanism involved, but if the Department for Education reimburses schools, hopefully the Treasury will reimburse the Department. I am not quite sure which way round that goes, but I leave the issue with the Minister and will see whether he is more successful with that argument about money than the Department was in its argument about Building Schools for the Future money.
Some of the answers to questions posed by Members from across the Chamber demonstrate that the Bill has been rushed, and demonstrate problems with what the policy will mean in practice. It is interesting that in many respects—this is not so much the case for primaries as for special schools—the Minister is saying, “Trust us. This is permissive legislation; we will sort out some of the detail after we’ve legislated, hopefully in the next education and schools Bill, in the autumn.” That is not particularly appropriate. I understand why the Government want to rush through this legislation—they see it as flagship—but the Minister himself said, in answer to various questions, that issues are being worked on.
Let me give the Minister one example. If I were trying to be nasty to him, I would ask him to explain to the Committee how the ready reckoner on the DFE website works. I am sure that he understands, but nobody else knows how it works. The point is not whether he understands it, but whether anybody out there does. It is telling that large numbers of primary—and, indeed, secondary—schools trying to work out what becoming an academy would mean for them find it difficult to make the ready reckoner work. Some local authorities have been astonished to find that when they put their figures in, it seems that they would pay out more money than they receive. There is some work to be done on that, and no doubt that issue is one that will be looked at when the detail is sorted.
Dan Rogerson
The ready reckoner was the subject of debate in the other place, and I have had sight of a letter to my noble Friend Baroness Walmsley from Lord Hill, the Under-Secretary, on that issue. I understand that he has placed copies of that letter in the Library for hon. Members to look at. I do not know whether the hon. Gentleman has had the opportunity to see it.
Vernon Coaker
I was not aware of that letter. It would have been even more helpful if the hon. Gentleman had told us what it said, but I will have a look at it. Certainly, the ready reckoner and the whole question of funding for primary schools is still an issue.
I take the point about primary schools being an important part of the community, whether they are small, rural or urban. The more important point that many hon. Members made concerned the capacity of those schools operating on their own to deal with academy status, particularly in regard to some of the support that they receive from local authorities on insurance, legal costs and sometimes when emergencies occur. If we are not careful, the Government will undermine the local authority’s capacity to deal with such matters, while not giving individual primary schools, even if they become academies, the capacity to deal with them either. That is a real issue for us all.
To be fair, the Minister tried to address most of the points made, except that relating to the inadequacy of the equalities impact assessment and the impact assessment on the Bill, which makes no reference to any evidence for what the Government are doing. My hon. Friends and I have raised serious concerns about the rush to academy status for primary schools, but in the interests of dealing with some of the important issues that remain to be debated in the limited time available, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Academies Bill [Lords]
Debate between Dan Rogerson and Lord Coaker(13 years, 10 months ago)
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Dan Rogerson
As has been mentioned, the key proposal that the Liberal Democrats made during the election was for a pupil premium to target money at disadvantaged pupils and those with particular needs—that is in the coalition agreement and will be delivered. As the hon. Gentleman says, there are cuts to be made to public services but, at the risk of tiring the House, we have repeatedly set out why that has to happen. We are where we are, and I am proud that the coalition is still pressing ahead with the pupil premium and will consider taking money for it from outside the education budget to help particularly disadvantaged pupils.
I wish to raise a few issues, some of which have been touched on by other hon. Members. My information suggests that issues relating to special educational needs have concerned some organisations; they are worried about how another generation of academies on this model would be able to deliver support. The hon. Member for North West Durham (Pat Glass), who is no longer in her place, made an excellent, reasoned and thoughtful contribution. I might have disagreed with some of her conclusions, but she made a great contribution to the debate and I hope that the Minister will reflect on those concerns in his wind-up.
Some Labour Members have discussed pay and conditions for those working in schools, and that issue concerns me too. In the past, there was a small number of academies and so, just as there was choice for parents, those working in the field of education could choose whether or not to work in the academy set-up. If more and more schools are going to go down the academy route, we have to revisit the issue of exactly what the terms and conditions are and how they are negotiated to ensure that, as the hon. Member for Huddersfield (Mr Sheerman) said, what has been gained is built upon, rather than lost.
Vernon Coaker
The normal way in which somebody pursues concerns is by tabling amendments, and sometimes they are passed. Given the programme motion and the way this Bill is set up, has the hon. Gentleman considered what would happen if he were successful in having his concerns allayed by way of amendments being passed? As there is no Report stage for this Bill, it would appear that that would cause a great deal of problems for his own Whips and those of the coalition Government.
Dan Rogerson
The Minister is an experienced Member of this House and he will have encountered issues on which there have been disagreements between both Houses and things have had to be resolved quickly. Draftspeople have been able to put things together quickly on such occasions and I am sure that if a matter had to be revisited, it could be. It may be that the Minister is able to reassure hon. Members on certain issues without the need for amendments—we will see as our debate progresses and the Bill goes into Committee.
Some hon. Members have raised the concern that the Bill will force everybody down the academy route, but if that were the case, I would not be able to support it. I have talked to those involved in education in my constituency, and I have found that some are prepared to explore this approach. The Secretary of State has said that many hundreds of schools have expressed an interest in this. Some of them may well explore it and choose not to go down the academy route, but others will choose to do so. I am keen to ensure that the Bill makes that choice available, and not only to those professionals. As all good schools do, they will be talking to the communities that they represent and educate, and with which they work, to ensure that if they move in this direction, they carry people with them.
I am also given confidence by the fact that many local authorities do good work in supporting the existing schools. If there is indeed a level playing field and this Bill is not pushing people in a particular direction—I do not believe that that is the Secretary of State’s intention—many schools will choose to stay in the current set-up, but they will have the option available to them. Therefore, I can see nothing in the Bill that will lead to the horror stories that some Labour Members have set out by saying that this is a one-way direction of travel and that all schools will take this approach. Hon. Members will have different views and their discussions with the schools in their constituencies will lead them to different conclusions as to whether all the schools in those constituencies will seek to take advantage of these opportunities straight away. I hope that by extending the possibility of academy status to schools that have pushed on towards “outstanding” status, we will provide them with an opportunity. This is certainly not compulsory, and I would not be party to such an approach.