Academies Bill [Lords] Debate

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Department: Department for Education

Academies Bill [Lords]

Mike Hancock Excerpts
Thursday 22nd July 2010

(13 years, 9 months ago)

Commons Chamber
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Lord Coaker Portrait Vernon Coaker
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Frankly, the reality is that it is not possible. What we are getting from the Secretary of State is an explanation for what he has done on the grounds that the money was not there in the budget for the Building Schools for the Future programme, when the letter from the permanent secretary to the shadow Secretary of State quite clearly points out that the money for BSF was set aside in the proper way. The school rebuilding programme in my hon. Friend’s constituency has not been cut; it has been absolutely massacred. That money was there, and the permanent secretary—this is an extremely important point that will bear repeating on a number of occasions—said in the letter to the shadow Secretary of State that if the proper procedures had not been followed according to Treasury rules, the permanent secretary would have required a ministerial direction to proceed with the policy, as my hon. Friend knows. The permanent secretary at the Department for Education has confirmed that, in fact, no such ministerial direction was given, so my hon. Friend now knows the reality.

As for this £50 million, we are now being told, “Don’t worry, it’s not going to affect school budgets. It’s not going to be a problem with respect to school buildings.” However, free schools are already being affected across the country.

Mike Hancock Portrait Mr Mike Hancock (Portsmouth South) (LD)
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I am grateful to the hon. Gentleman for giving way. He was very generous yesterday too, and the Committee appreciated the answers to some of the questions. However, he is talking now as if, under Labour’s proposals, the money for Building Schools for the Future was already in the bank—that is, already in the Department. However, it was made clear time and again that the money for Building Schools for the Future would be made available from savings made elsewhere. He talks as if the money was already in existence and had been earmarked, but that is complete and utter nonsense. It is now being spread about that schools would have been assured of that money, but the previous Government gave no such assurance.

Lord Coaker Portrait Vernon Coaker
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The hon. Gentleman and I often agree on education matters, but on this particular matter I do not agree with him. He will know—not only from his experience in the House, but from his local authority experience, which he had on a local education authority, as he reminded us yesterday—that when we talk about money being available, that means money being accounted for in the proper way, so that proposals to do certain things in the future are made according to the rules laid down by the Treasury. The Treasury will not allow anyone to say that they will involve schools in various waves—for example, in Building Schools for the Future—unless they conform to certain rules. The point that I was making to my hon. Friend the Member for Halton (Derek Twigg) is that the then Secretary of State—now the shadow Secretary of State—conformed to all the Treasury rules to ensure that when those schools became ready for rebuilding, the money was there in the proper way.

I was also making the point that free schools, which are the Secretary of State’s preferred route forward, are already saying they are feeling the consequences of the changes that the Government have made. In the Yorkshire Post on 9 July—I will not read out the headline, in order to save the Secretary of State from embarrassment—it was reported that free school pioneers are worried about the impact of the changes that the Government are making and feel that they have “dealt a blow” to their proposals to establish a free school in Kirklees. Whether it is right or wrong to have a free school in Kirklees, it is not just those on the Opposition Benches who are saying that the position with respect to Building Schools for the Future has caused problems for existing schools. People whom one would have expected to support the Government—indeed, to come out dancing on the streets about what they are doing—are now turning round and saying, “Actually, the route the Government are pursuing is causing a problem.”

One of the good things about being in Committee is that it gives us the opportunity to look at things in detail. When the Minister replies to this debate, I wonder whether he will comment on the terms of reference for the capital programme, which I want gently to share with the Committee. I do not know whether my hon. Friends or other members of the Committee have had a chance to look at the terms of reference for the allocation of capital funds—they might want to refer them to their constituents, because they are contained in one of those papers that gets tucked away, but which has huge significance—but there are five of them. The second is:

“To consider how to generate sufficient places to allow new providers to enter the state school system in response to parental demand”—

that refers to free schools or additional schools, or whatever we want to call them. The fifth is

“To enable the establishment of new schools.”

I do not know about my hon. Friends, but the Minister might need to tell us how the Government can reassure us on that. He has turned round and said, “Don’t worry, the Building Schools for the Future money has nothing to do with free schools or additional schools.” However, we then read in the terms of reference for the review group that the Department has established that two of the five criteria by which decisions on how to allocate capital funds are made refer to how capital funds are to be allocated to these new schools. Anybody looking at that would say, “What’s going on there?”

When we look at the criteria under the heading “Distribution of capital investment”, we read the following:

“To increase choice locally determined by parental demand”.

When we read more about the review, we see why amendment 70 is so important, especially as it talks about allocating capital money. At the moment, there will be no consultation with local parents, the local authority or anybody else about what will be done; it will just be the Secretary of State determining that a free school in an area would be a great thing to have. A few people will get together, write out a bit of an application—a few hundred words here, a few hundred words there—and then go the Secretary of State, who will say, “Oh, what a good idea! We’ll set the free school up.” However, I would again like to share with hon. Members what the document that I have quoted says. I look at this with incredulity, especially after the great fanfare with which the Secretary of State made his announcement. In that document, the Secretary of State says:

“To review and reform the requirements on schools including the building/School Premises Regulations”.

What that actually means is as follows—and this is why amendment 70 is so vital.

When the Secretary of State and the Schools Minister talk to parents about establishing schools and so on, they should make things clear. Perhaps the Schools Minister’s constituents are different from mine, but I do not get many parents coming to me and saying, “Can I be on the fifth floor of a tower block?”, “Can I be in a disused Tesco?”, or, “Those portakabins are pretty good—can I pop round there?” Most people I speak to want to get rid of the portakabins. However, the Secretary of State’s vision of this new school world—this free school nirvana—is this: “It doesn’t matter where you establish schools; it’s fine.”

We all know—my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) often makes this point, and quite rightly so—that, at the end of the day, what really turns a school around is not its structure, and often not the buildings, but the quality of teaching and learning, and the quality of leadership. However, there is no one here who would not also point out to each and every one of us—there was a survey about this a couple of days ago—that the quality of school buildings is an essential part of how we, as a civilised society, provide the standard of education that we would want in our schools, for ourselves, our teachers and our children.

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Lord Coaker Portrait Vernon Coaker
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Not now! This is one of the good things about being in Committee—we can get excited and nobody really minds.

The hon. Gentleman can oppose the Building Schools for the Future programme and say that what the Government have done over the past few years has been a waste of time, but I would say to him that we have a tremendous record and that Building Schools for the Future would have delivered that transformation.

Returning to the point about playing fields, it was our Government who introduced regulations to ensure that there was agreement, including from sporting bodies, on any such land that was sold, and that the money was reinvested in the school. In one or two instances, I supported the sale of playing fields in my area when schools were being rebuilt with gyms and all-weather courts as a consequence of the money that was realised from the sale. Often, land that was labelled as playing fields was nothing more than waste ground. Numerous Members from across the country asked whether it would be possible to sell off such land as long as the money was reinvested in sports facilities in the local area. I would have thought that the hon. Member for Burnley would have supported the amendment because it would introduce consultation with local people, the local authority, parents and children on any activities where capital expenditure is moved to fund the free schools.

However, my point is that tucked away inside “Reducing the burden on schools” is the fact that the capital review will cover not only school premises regulations and design requirements but also playing fields. Does the Minister therefore envisage some free schools being set up with no access to playing fields or other outdoor sports facilities? I have heard him quite rightly highlighting the essential role in the curriculum played by sport. How on earth is that to be delivered in the light of these regulations? I know that he will get up and say that they do not mean that at all, but I can tell him that that is exactly what they mean. This is exactly what the Secretary of State said when he was talking about capital moneys being made available for free schools. He wanted the schools to be able to be set up very quickly and cheaply, and that would involve changing the regulations that local authorities would normally have had to abide by. He wanted to reduce the central requirements so that a huge number of free schools could be set up as quickly as possible, funded by moving money from one departmental pot to another. Our amendment would ensure that that choice was made apparent to local people, and I know what their decision would be if they were asked those questions.

Lord Coaker Portrait Vernon Coaker
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I shall give way first to my hon. Friend the Member for Swansea West (Geraint Davies).

Mike Hancock Portrait Mr Hancock
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rose—

Lord Coaker Portrait Vernon Coaker
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Oh, okay, that’s fine—

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Lord Coaker Portrait Vernon Coaker
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That is certainly a possibility. If we change the regulations, anything is possible. The Minister will no doubt say that that will not happen, but the thrust of our argument is our desire to place certain statutory requirements in the Bill to protect the quality of educational provision, including the provision of playing fields. Any weakening of the regulations or of the findings of the capital funding review could be very damaging.

Mike Hancock Portrait Mr Mike Hancock
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I am grateful to the hon. Gentleman for giving way. With your indulgence, Dawn—[Hon. Members: “Ooh!”] I have a problem saying your surname, because I have a problem with Ps and Rs. Sometimes when I have addressed you in Committee, it has disturbed the Hansard writers. They wondered who the hell I was talking about. With your indulgence, I would like to make a couple of points. The first is about private finance initiatives in schools. Any local authority that has a PFI school building programme will know of the huge impediment that that brings, as well as the restrictions on developing anything in the school without enormous knock-on costs. I hope that no one is running away with the idea that everything about PFI is perfect, because that is far from the truth.

My second point is the more important, however. I agree with most of what the hon. Gentleman is saying, but so far he has not raised the question of what happens if a local authority is forced into the invidious position of allocating certain resources from LEA funding, limited though it is, and one of the schools then fails. Who will pick up the pieces? Nothing in the Bill suggests the existence of a fail-safe system enabling those pieces to be put back together once the whole has been torn apart by the establishment of a free school.

Lord Coaker Portrait Vernon Coaker
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I was not trying to suggest that PFI was a panacea for all ills, and I know that it has sometimes led to problems. I was merely suggesting that it was one of the options that had allowed some local authorities to build new schools that might not have been built otherwise.

I was going to deal with the question of what will happen if a school fails, but the hon. Gentleman has made the point well enough to save me the trouble of making it myself. I entirely agree with him. As we discovered yesterday, one of the main drawbacks of the Bill is the huge amount of detail that it contains. In relation to one clause, we were told not to worry because a committee—I cannot remember what it was called—would be set up to examine all the issues that had been raised, as the Government did not know the answers yet. We as a Parliament, however, are being asked to pass the Bill.

Some of the problems with the Bill were illustrated very effectively by the comments of the hon. Member for Portsmouth South (Mr Hancock), and other Members will doubtless make similar comments later. Moreover—let me make this point again to the Schools Minister—we cannot amend it. We can table amendments, but for a number of reasons the Government do not want it to be amended.

Does the hon. Member for Bradford East (Mr Ward) wish to intervene?

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Derek Twigg Portrait Derek Twigg
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My hon. Friend the Member for Gedling (Vernon Coaker) will recall that we both made our maiden speeches on Labour’s flagship Bill in 1997. He will also recall the optimism that existed in the country then for education and for the incoming Government. How different the mood is today. My constituency, which has been devastated—[Interruption.] The hon. Member for East Hampshire (Damian Hinds) might laugh, but he is laughing at the fact that 11 schools have been taken out of the project, with three under review, and at the impact that that has had on more than 7,000 children in my constituency. Frankly, I say to him that this is no laughing matter and I shall ensure that my constituents understand that the coalition thinks that it is.

As the shadow Minister said, what has happened in constituencies such as mine has resulted in absolute devastation. The amendment is very interesting because it allows us to discuss the capital programme and how we should see that in relation to what has happened to the BSF programme and how we spend capital in the future. What is also interesting is that this Government are having a review of capital expenditure, yet they are pressing ahead with the Bill. Both have an impact on each other, so this is a remarkable situation.

Let me deal with what is being done and what is being spent. In yesterday’s Westminster Hall debate, the Under-Secretary of State for Education talked about lavish expenditure on schools. I think that our schools deserve lavish expenditure. When he tried to say that somehow this was inefficient, I pointed out to him that last year’s National Audit Office report said that the cost of BSF schools was no more than any other programme and, in fact, was cheaper than the original academies that were built. It is not the case that these schools were in any way inefficient or that the money was not available.

Derek Twigg Portrait Derek Twigg
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I will certainly give way to a member of the coalition.

Mike Hancock Portrait Mr Hancock
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I am slightly curious about the hon. Gentleman’s comment that our schools deserve lavish expenditure. What on earth was going on during the past 13 years, when so many schools were allowed to be neglected and none of the resources that were needed were coming from the Government?

Derek Twigg Portrait Derek Twigg
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I am surprised at that intervention, although I suppose I should not be. In the past 13 years, £24 million has been spent on schools in Halton. Let me give the hon. Gentleman one example. Ditton primary school waited years for a new school building, and once Labour came into power it got one built. A number of schools have had major building programmes and major improvements made, so it is not the case—it is plain incorrect—to say that Labour did nothing until the BSF programme. In fact, significantly more was done under Labour than was done in 18 years of a Tory Government. His party now supports such a Government.

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Martin Caton Portrait The Temporary Chairman
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I call Mike Hancock. [Interruption.] Mike Hancock?

Mike Hancock Portrait Mr Mike Hancock
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I am sorry, Mr Caton; I was rather taken aback. It must be something to do with men with beards.

I hope that the amendment is pushed to a vote because I, for one, will support it, and for a number of reasons. First, however, I shall address some of the comments made by Labour Members. In the past 13 years, one or two Bills went through the House for which no amendments were taken.

The hon. Member for Gedling (Vernon Coaker), the former Minister, said that the futures of Conservative and Lib Dem Members who tabled amendments might be harmed because people with the position in this Government that the hon. Member for Leeds East (Mr Mudie) held in the last Government would be emotionally attached to them for some time, trying to persuade them not to do it. Interestingly, the hon. Member for Leeds East made an intervention on that point; I could see a smirk on his face that broke out into a full grin. It brought back those lovely moments when he was able to exercise his persuasive powers; Members might have weakened, taken the advice of the Labour Front Benchers and tabled amendments.

I say to my coalition colleagues, particularly those in the Cabinet, how sad it is that these two debates have been so intertwined and what a mistake it was to link the Building Schools for the Future fiasco and its associated problems with an idea that might have got greater support if the two issues had been divorced. Nearly every contribution during yesterday’s and today’s debates has linked both issues.

John Pugh Portrait Dr John Pugh (Southport) (LD)
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Earlier, I was listening carefully to the hon. Member for Halton (Derek Twigg), who suggested that a school could not henceforth get capital funding unless it was prepared to be an academy. Under the last Government, it was known that if the local authority was not interested in having an academy, there would not be much in the way of BSF funding. The issues have always been connected, by both parties.

Mike Hancock Portrait Mr Hancock
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My hon. Friend is absolutely correct. It is strange how things can change and memories can lapse in a short time. I am disappointed that Labour Members have not been more forthright in apologising. The hon. Member for Halton (Derek Twigg) suggested that we were laughing at what he was saying, but that could not have been further from the truth. Certainly nobody on these Benches was laughing; we were nearly in tears over what was happening.

Derek Twigg Portrait Derek Twigg
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It was the Member sitting behind the hon. Gentleman who was laughing, but he has now left the Chamber.

Mike Hancock Portrait Mr Hancock
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If any Member laughed, I would be angry. I feel that in the past 13 years we have wasted opportunity after opportunity. Like the hon. Gentleman, I was full of enthusiasm when we heard the words “Education, education, education” coming from No. 10 —not once, but umpteen times. What did that really mean? Why did it all go so manifestly wrong? Why were schools in my constituency that were desperately in need of help not given it? Why did the city council go cap in hand to Ministers on three occasions begging for the resources to build a new King Richard school—not in my constituency but in that of the then Labour Minister? It was not given the resources that the school desperately needed.

I am sad that this debate is intertwined with the awfulness over what has happened to our schools as regards Building Schools for the Future. I agree with the hon. Member for North West Durham (Pat Glass) and others who have spoken that this is not just about the quality of education. Schools provide a cocktail for children. As well as a good education, they provide a safe haven and a structure and buildings which give a community a sense of being. That is particularly true of large comprehensives. I have comprehensives in my city with close to 2,000 children in some of the most densely populated areas of Europe, let alone Great Britain. A school is seen very much as a focal point and an important aspect of community life, and it is very sad not to have the resources to rekindle its ability to serve several more generations.

The amendment is correct because it does more than probe. It spells out the inadequacies of the Bill, which does not talk about failure, but about taking resources from other areas. It presents a threat. If the idea of free schools gets off the ground, then fine—if that is what people want, let people choose to have it. I do not support it, and I cannot believe I ever will. However, I do not want to see resources taken from the schools I represent, which are desperately in need of new buildings and more equipment. I do not want those kids or those parents to be persuaded to go to a school that will not have science labs or outside space, and will not allow children to develop to their full potential. There is nothing in the Bill that says a free school will have to ensure that every child who goes there will have every opportunity to fulfil their potential in whatever direction they want to go in educational terms. That is a fundamental failure of the Bill.

I admire the Secretary of State enormously for his gung-ho approach to things. It was long overdue that we had Ministers who were prepared to fight their corner in the way that he does. Even when he is wrong, he comes out fighting. He is prepared to take a few blows, but he also likes to deliver a couple back. His deputy Minister, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb), has done an excellent job on this Bill, despite the fact that he must understand, like many of us, that the extreme frustrations felt in this House are mirrored a million times over around the country. There is a lot of uncertainty in the education family, whether teachers, governors or whoever, about where the proposals will lead. In many ways, it is a mistake. That is why I will be supporting the amendment, which I commend to the whole Committee.

Stephen Twigg Portrait Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
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I strongly echo the closing remarks of the hon. Member for Portsmouth South (Mr Hancock), and I welcome the amendment.

The Government’s announcements on Building Schools for the Future and the progress of this Bill, which have happened roughly at the same time, are very much related to each other. As my hon. Friend the Member for North West Durham (Pat Glass) said, Building Schools for the Future was not just about new buildings— it was about school improvement and educational transformation. I understand that that is the Government’s thinking on the Bill.

These developments are having significant impacts in schools in communities up and down the country. On Second Reading, I mentioned three examples of schools in my constituency in Liverpool. De La Salle Catholic boys’ school in Croxteth, an outstanding school that was due to become an academy under the Building Schools for the Future programme, now does not know whether it is going to get the extra investment, which it desperately needs. Another school, St John Bosco, also in Croxteth, and also an outstanding school that was due to be rebuilt under Building Schools for the Future, also needs that investment. Last weekend the head teacher asked me, “Should we now apply for academy status?” That is not because those at the school have a new plan in addition to their previous plans on educational transformation, but simply because they think that might be the way to secure the extra investment that they were going to get under Building Schools for the Future.

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Lord Coaker Portrait Vernon Coaker
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I do not disagree with the Minister, but I think we would all agree that statementing has not always taken place when it should have. It is always necessary to examine the process and see how it can be improved. Ultimately, irrespective of the severity of a child’s need, we must ensure that that need is met. For some that will require through statements, for some it will require special school education, and for some it will require inclusion in mainstream schools. The inclusion in mainstream education of as many young people as appropriate—which was supported by the last Government and the last Conservative Government and, I believe, by the present Government—is absolutely right, as long as it does not cause us to conclude that it must take place irrespective of the wishes of parents or the needs of the young people themselves.

Mike Hancock Portrait Mr Mike Hancock
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I am grateful to the hon. Gentleman for giving way yet again. I entirely agree about the fallacy that will be perpetuated if the Bill leaves the House without a clear definition of low incidence special educational needs. The lack of clarity has been used as an excuse all along, which is why so many children have not received proper assessments or statements. It has been too easy to find a way around the wording, because it has been so vague. If the Bill leaves the House without a refinement of that definition, the lack of clarity will once more be used as an excuse, and those who are on the edge or the cusp of special educational needs will once more be left adrift. That will be the case not only during the first stage of their education, but throughout their educational career. I am with the hon. Gentleman 100 per cent. in trying to get clarification, but does he agree that it would be wrong for the Bill to leave the House without such clarification being written into it?

Lord Coaker Portrait Vernon Coaker
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I very much agree and it is important, given that the Government will not amend the Bill, for the Minister to read into the record the criterion that will be used to assess whether a young person has low incidence special needs. I say this as someone who thinks that it is very brave of the Government to propose the measure. But as the hon. Member for Portsmouth South (Mr Hancock) said, if there is no defining criterion, we will have a well-intentioned measure, but what will it mean? That is extremely important.

There was a big discussion in the House of Lords and the measure was included in the Bill. A large number of Lords spoke about it and said that it was important. The Government accepted that but the situation has moved on. The hon. Member for Portsmouth South is right; for a local authority or school to be obliged to support a young person with low incidence special needs, do they need a statement? If not, there is no legal obligation—I am not an expert on these laws—on the school or authority to provide anything for that child. Yet everybody, including the Government—they have included it in the clause—thinks that there are young people with low incidence special needs who need additional support that they are not getting through the system.

This is a real problem for the Government to address; it is crucial. I am not trying to be smart or trying to attack; I am just saying that if we want to improve the Bill and we want to make a difference to those with low incidence special needs, as the hon. Member for Portsmouth South said, we have to try to define that, at the very least by the Minister reading it into the record.

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Finally, let me extend to every Member, both in and outside the Chamber, an open invitation to come and see my part of the world. I invite Members to come down and see what a fantastic part of the world south Essex is. I shall then be able to demonstrate to them that what we are discussing here today, and what is being discussed in Government, will make a real difference to the people in my constituency, and to the pupils and staff of my local schools.
Mike Hancock Portrait Mr Mike Hancock
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I congratulate the hon. Member for South Basildon and East Thurrock (Stephen Metcalfe) on the way in which he presented his maiden speech. He made an offer that a dozen or so Members may find hard to refuse. An offer of hospitality at his house for a weekend, just as the recess is starting, is one that think many Members should be persuaded to take him up on. He will be able to show them round his wonderful constituency. Let me also say how right he was to pay tribute to his predecessors. Making a maiden speech is never easy, and it is a pleasure to be the first to congratulate the hon. Gentleman on his.

I am glad that the hon. Member for Penrith and The Border (Rory Stewart) spared a few moments in his speech to remember David Maclean. Those of us who knew him here will have respected him not only as a parliamentarian, but as a man of enormous courage who bore the injustice of the illness that beset him with great fortitude and—I genuinely believe—real courage. I saw the way in which he battled with his illness over a number of years. I had very little in common with him, but I always admired the formidable way in which he coped with it, up until his very last days in the House. It was a great pleasure to hear what the hon. Gentleman had to say about David Maclean, and he was right to remind the House of his commitment to his constituency.

It is not often that we feel humbled both by a Member’s commitment to the issue being discussed and by the amount of knowledge that the Member brings to the discussion. It was a pleasure to witness the forthright and passionate way in which the hon. Member for North West Durham (Pat Glass) presented her case. I was opposed to the idea of the Bill’s being dealt with by a Committee of the whole House, but if ever there was a reason for such an arrangement, it was the hon. Lady’s speech today. If it had been made in a Public Bill Committee, it would have been lost to the wider world. That is a tribute to her, and perhaps to the system that has allowed a larger audience to appreciate the words that she uttered, and has allowed her to bring her experience of these matters to bear. We should be grateful.

Nevertheless, I have a niggling anxiety that the Bill has not received the scrutiny that it ought to have received. The debate that we have had, splendid though it has been, is unlikely to prove helpful, because some members of the coalition will see it as a formula for future legislation. I hope that that will not come about, and that this will prove to be the exception rather than the rule. I do not think that allowing the whole House to deal with legislation is helpful to Back Benchers in particular, or to the substance of the debate. The issue of special educational needs, for instance, is fundamentally important.

The Minister told us, courteously and properly, that he would make helpful statements that would address some of the issues in the amendment. Nevertheless, the amendment poses significant questions. If a Committee had considered it over a number of weeks, and a number of days in each of those weeks, it could have been dealt with properly before being returned to the House on Report, and could have been agreed to. We could have had a much better Bill. Like everyone else, I am delighted that the Bill has improved enormously.

I spent 10 of the happiest years of my working life working with young people with extraordinary personal difficulties—children and adults with extreme special needs, ranging from those who had been institutionalised for their whole lives—some had spent 50 or more years in an institution—to babies whose parents had recently been told of the problems that they faced and the lifetime of care and devotion they would have to show to someone with severe disabilities of one form or another. When I was doing that job, people used to ask me what I did. I said, “I bully for people who cannot bully for themselves.”

The one thing I learned at the beginning of my work with children, and with parents in particular, was that they expected so little from society. They did not ask for the earth or for things that could not be obtained. They simply asked for a fair share of resources when they were needed, whether that was in nursery, primary or secondary education, or in proper health care. Every single part of that was a struggle and continues to be. That goes back to the Education Act 1944 and to the formulation of the national health service. People with learning disabilities and those with mental health problems were neglected. They were ignored. They were put aside. They were institutionalised and forgotten. It has taken us 70 years to draw that system towards reality.

The hon. Member for North West Durham was right; the striking anomaly is that parents have not been mentioned. The parents need to be consulted and will need to be convinced. I used to try to convince parents of young people aged between 20 and 30 that they had to let those young people go. They had cosseted them with all their love and care but they had to let them go. Those parents were starting to realise that their children would outlive them and would need to experience some risks. Young people, particularly those with acute needs, must experience such situations at the youngest possible age. I want to be convinced by the Bill that free schools will accept their part of the obligation. I am not convinced by the way in which the Bill is formulated that it will give the certainty of care that people want.

I am disturbed by the fact that there seems to be some ambiguity about the interpretation of some of the words. The hon. Member for Penrith and The Border said that there was clarity in terms of subsection (8)(a), which addressed the issue. It does not. Who will challenge the provision? Who will have the right to say whether the proper provision is being provided? Who will step in? Where will the Secretary of State put suitable alternative arrangements if those arrangements do not exist because resources have been siphoned off elsewhere? Will he put new money in?

John Hayes Portrait Mr Hayes
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As usual, the hon. Gentleman is speaking with insight and I want to be clear with him. The Bill and the Government have no intention of diminishing the status of special educational needs or of the people who endure that, including the parents. There will be no relaxation of the statutory responsibilities in respect of admissions and statementing. Pupils with SEN statements must be monitored by local authorities; that is a statutory responsibility and there is no diminution of that. The hon. Gentleman is right; we must be determined to redistribute advantage in society, and we will.

Mike Hancock Portrait Mr Hancock
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I am delighted, and it was remiss of me not to welcome the hon. Gentleman to his ministerial position. I apologise to him. It is not often that an MP makes a point here and not only gets a Minister to put him right but also hears the Minister state for the record what the Government will do. That is to be welcomed. I only hope the eating is as good as the preparation seems to have been. I have some doubts about that, however, because I know from experience, from my lifetime of 40-odd years in local government and a working career that involved spending a lot of time addressing this subject, that promises have been made but so many of them have failed to be kept.

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Mike Hancock Portrait Mr Hancock
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I 100% agree. Sadly, I have seen that so many times—somebody who has devoted their whole life to their child, but to caring for them in their home environment so that they have never really tried to develop their true potential. Mencap’s slogan was about everyone having the opportunity to achieve their true potential, and all aspects of SEN education must always involve offering every child the opportunity to fulfil their potential.

I think there is a problem for existing schools that have a very good record of trying to facilitate proper care and to provide suitable and proper education for people with SEN. Some of them might find that because of the establishment of an academy or free school and the attractive way in which they are promoted as being something better, parents will take their children away from their old school and move them into the new academy or free school simply because they have been told that it is the thing to do and that that is the way the future will emerge. That will cause damage to the fabric and set-up of the existing school, and some of them will suffer greatly.

Mel Stride Portrait Mel Stride
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Does not that argument suggest that parents cannot be trusted—that they do not have good judgment when it comes to looking after the future of their own children? Should we not put more trust than that in parents?

Mike Hancock Portrait Mr Hancock
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I am wholly in favour of trusting parents; it is the silver-tongued politicians I am worried about, who make the suggestions to people that this is like manna from heaven and that the whole world will be changed. Politicians have more than once talked with forked tongue and parents have been misled into believing that a certain direction was the way to go only to fall foul of a politician’s promise, which was usually made before or during, rather than after, an election campaign. Very seldom have such promises been made after an election campaign, and very seldom have they been fulfilled.

Lord Evans of Rainow Portrait Graham Evans (Weaver Vale) (Con)
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I can talk from the experience of being a parent of a child with special educational needs, and also as an MP representing lots of children from disadvantaged backgrounds. My eldest child had trouble with his arithmetic; he would get 3s and 7s the wrong way round. I was told by the teachers that it would be okay and he would work his way out of that, but I became concerned as he got older and reached the ages of eight, nine and 10. I therefore asked about getting the SEN specialists and an educational psychologist to take a look. That did not happen; the school refused to do that because they said there was nothing wrong with him. After another academic year went by and nothing happened, I decided to employ an educational psychologist myself, and it was clear that my son had SEN issues. The local school and local authority were quite happy to take and run with the document from the independent educational psychologist —for whose services I and my family had to pay several hundred pounds—and the SEN statement was therefore put in place.

The Bill will change the way things happen, and they did not work in the past, certainly in my area. I hear what the hon. Member for Portsmouth South (Mr Hancock) says about his concerns and the remarks of the hon. Member for Gateshead (Ian Mearns), but I believe this Bill will put checks and balances in place to prevent what they fear from happening. The system does not work now and it did not work in the past, and this Bill is an opportunity to sort it out.

Mike Hancock Portrait Mr Hancock
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I have nothing but admiration for the hon. Gentleman for having both the ability and the courage to take on the system on behalf of his children. Parents get worn down by the system, having been frustrated by it time after time. They are physically worn out—as young people, in some instances—because of the struggles they have had to make. He was lucky that he had both the courage and the resources to take on the system, because so many parents do not have that and are always relying on somebody else to fight their battles for them.

Charlotte Leslie Portrait Charlotte Leslie
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I realise that this does not directly relate to the amendment, but part of the Bill deals with additional schools or free schools. There are parents of children with autism who are very much looking forward to setting up a free autistic school. That will benefit other parents of children with autism in their area who would wish to send their children to a particular school but whose local authority has not recognised that need until now. They have had their ambitions stifled by a local authority system that may not be working.

Mike Hancock Portrait Mr Hancock
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I would love it if we had an autistic school in the heart of Portsmouth. However, what happens if the autistic school is on the other side of Dorset and suddenly somebody has to pick up the bill for sending a child there? It simply will not happen and this provision will not be there. This approach is okay in London, where travelling is not a problem. Setting up specialist schools for autistic children would be great in closely defined neighbourhoods, but if these schools have to cover a large area, they will be very expensive to set up, extraordinarily expensive to staff and expensive for local authorities to fund places for or for parents to have to pay for.

Andrew Bridgen Portrait Andrew Bridgen
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I must agree with my hon. Friend the Member for Bristol North West (Charlotte Leslie), because on Friday I had a meeting with two teachers, both of whom have children with special educational needs, and they are very keen to set up a free school to provide for children with such needs. Such a school would help not only their children, but others in the local area. So this situation is not uncommon.

Mike Hancock Portrait Mr Hancock
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I can understand that. I share the frustration of those parents with the current system, but this problem will not be solved by one or two people, or a group, believing that they can solve it by setting up a free school. That is because such a school will not help the greater number of children, for example, the increasing number of children with autism.

The hon. Member for North West Durham took an intervention about autism when she was explaining how difficult it had been to make progress on dealing with it, and she was asked what she thought about the Bill. I think that it will retard the benefits that have been introduced, particularly in respect of autism. It is difficult to get resources for people with autism into schools; lots of schools simply cannot cope with it.

One hon. Member, who is no longer in his place, intervened to talk about his own experience; he discussed the role of child psychologists, and how it was very difficult to get them and for schools to have them. Once again, that shows one of the flaws that we must address. I was delighted that the Minister said that we would have a Green Paper and an opportunity to discuss, in some detail, the fuller implications of special educational needs. We have to protect and serve these young people now and in future generations.

Robert Buckland Portrait Mr Robert Buckland (South Swindon) (Con)
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The hon. Gentleman made an important point about the problems with provision caused by an increase in the number of diagnoses, and he also said that the Bill will retard the situation. Is not the fundamental problem relating to the diagnosis of autism the patchwork delivery across the country and a lack of specialism in certain areas? I can cite a part of the country where that applies. In Cardiff, until recently, there was no such thing as a “female child with autism”. That was not because there were no female children with autism, but because the specialism was not available in the first place. That is a question of medical and other provision, and is surely not germane to this Bill.

Mike Hancock Portrait Mr Mike Hancock
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Once again, in all the years that I have been here I have seldom been in the House on an occasion where so much common cause has been put by people who care so passionately about the issue. Of course the hon. Gentleman is right. There is a widespread lack of clarity about who diagnoses, about who is prepared to do it and about who is really suffering. For years, autism was seen as something that kids would grow out of. It goes back to the point made by the hon. Member for Weaver Vale (Graham Evans) about his son’s failure to be able to do his maths properly. The old adage of, “He or she’ll grow out of it”, was used for years as an excuse to people whose children had autism. That was a complete failure of the medical and educational systems in this country.

Charlotte Leslie Portrait Charlotte Leslie
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Will the hon. Gentleman get rid of my confusion on one issue? There seems to be inconsistency in the attitude towards parents. On the one hand, there has been concern that parents are not key in the Bill and that they have not been consulted enough, but on the other hand, when it comes to empowering parents the same enthusiasm is not shown. Speaking from my experience, I find that parents do not want to be consulted so much as to get what they want. The measures in the Bill to enable parents to do that are, according to my experience of what parents want, far more important to parents than just being listened to and not having what they want happen after that.

Mike Hancock Portrait Mr Hancock
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That is the story of the past 60 years. Parents were spoken to but they were not listened to, so they ended up not getting what they wanted. When parents are consulted, particularly parents who have children in this situation, they are only too aware of what they would like to see happen. They would like to see services without having to arm wrestle for them and without having to fight the system and to appeal. That has happened with the failure of many local authorities properly to carry out assessments and to provide statements for children. Why should parents have to struggle to get a statement for their child, as they have to, simply because they disagree? I have been to statement conferences on children where none of the officials in the room had met the child. They were all talking from somebody else’s notes, which had been provided by people who had met the child. The parents were sitting there in total disbelief and I just told them, “Let’s get up and go,” and we walked out.

Charlotte Leslie Portrait Charlotte Leslie
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I thank the hon. Gentleman for giving way yet again. I find that the debate is again moving towards a general complaint about the whole system of SEN provision and I want to thank the Minister for his announcement today that there will be a Green Paper to look into this matter. Once we have the whole system of SEN sorted out, the issues that we are facing with this Bill will become much clearer and much less problematic.

Mike Hancock Portrait Mr Hancock
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The hon. Lady is a formidable supporter for the Minister, and one that the House will have to learn to deal with. She is fighting his corner and that of the coalition very well, and I would probably be grateful for it except on this occasion I do not agree with one word of what the coalition has come up with.

Rory Stewart Portrait Rory Stewart
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I thank the hon. Gentleman for giving way. What is the relevance of this to amendment 71? I do not understand how it is relevant.

Mike Hancock Portrait Mr Hancock
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That is perhaps more of a question for you, Mr Evans, than for the hon. Gentleman. [Laughter.] I give way.

Pat Glass Portrait Pat Glass
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How do I follow that? On the issue of parents, I said earlier that I am someone who has been humbled and that I have made mistakes. That is why I am saying to the Minister that there is an important role for parents. It is always harrowing to listen to the stories of parents when they know that there is an issue and that their child has needs but those needs are not being addressed. There is always a dilemma. We hear a lot about how hard up we are, about how there is very little money and so on, but there is not enough money in the world for SEN. We must face that. It becomes about priorities.

I have never met a parent who did not want the best for their child. Sometimes they have not always been able to display that in the best way—sometimes they have been very aggressive—but they still want the best for their child. In all my years of experience, however, I have never once been approached by a parent who said, “I want to open my own school”—never once. That is not to say that it does not happen because, as I said earlier, there are good local authorities and poor local authorities. I sympathise with parents who live in those areas where there is a lack of provision, particularly for autism.

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Mike Hancock Portrait Mr Hancock
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I am grateful for that intervention, and for your patience, Mr Evans, in allowing two interventions on the jump, so to speak. The hon. Lady makes a valid point. She is honest enough to say that she has made mistakes. There have been some big mistakes—I have made some very bad judgments in cases that I have fought. I remember a particularly harrowing case that we did not win because of cost: one child’s care would have cost more than £120,000 a year, which is a formidable sum of money in any circumstances. Everyone agreed that the placement was right, but the local authority simply could not contemplate spending more than £1 million over 10 years on one child. As we walked out, I asked the parents what they wanted to do and the father said, “Well, Mike, it’s about time you and I decided to rob banks to get the money for these kids to have the care they really need.” No parent should have to think that the help their child needs will not be there. I wish Ministers all the very best, because I believe that they are well intentioned, but this is a big issue.

I shall come back to amendment 71 for the benefit of the hon. Member for Penrith and The Border (Rory Stewart), who could become a bit difficult if he pulls that trick too often in Committee; he will not be very popular if he starts asking about the relevance of comments to amendments. The importance of amendment 71 is that it poses questions that are not answered in the Bill. People want the reassurance of having those measures in the Bill because this is about laws and the way they are interpreted. The amendment would make it clear that parents have a right to be properly consulted and would make clear where the various aspects addressed in the amendment would be delivered.

John Hayes Portrait Mr Hayes
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I know that my hon. Friend is reaching the exciting peroration to his speech and I do not want to interrupt the seminar that he and the hon. Member for North West Durham (Pat Glass) are offering us, but it is important to point out that we take autism seriously and that academies do not prevent appropriate planned provision, including for autism. He might know that Haberdashers’ Aske’s Hatcham College academy has an autism unit that provides not only for pupils there but for those in the wider community. I want to give an absolute assurance that the Government take autism seriously and that they will look at it in the context of the Green Paper I have mentioned.

Mike Hancock Portrait Mr Hancock
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I never doubted for a minute the Minister’s sincerity or his commitment to it. What I do doubt is the ability of any Government to deliver properly the provisions we want, and I do not want to be seen to be supporting something that I think falls short of what all the parents we have been talking about expect from us. They want to see clarity of thought, a clear direction of travel and a means by which academies and free schools can provide this education without detriment to other schools in their area or to other young people with similar difficulties. That is why amendment 71 should be pursued. I hope that it is not withdrawn; I hope that it is voted on and that the House gives it a fair wind, because it would substantially help the Bill.

Pauline Latham Portrait Pauline Latham (Mid Derbyshire) (Con)
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I congratulate my hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) on making his maiden speech. I have been to his constituency and I used regularly to visit a secondary school there in Pitsea. I recommend that he should go and visit it. I am not sure if it still has the same head, but he used to sing in a famous pop group in the 1960s. I cannot remember the name of the group but it was very famous at the time—