Equality Bill [Lords]

That is certainly my understanding. The exemption has been included merely as a protection for local education authorities against those who may use religion as the basis for a claim if they have not received free school transport for which they may have applied. There are no new school transport provisions in the Bill that warrant accompanying statutory guidance, yet this is the second time that the hon. Member for Oxford, West and Abingdon has tabled an amendment attempting to introduce such guidance. I have sympathy with some of his concerns about school transport and have already indicated, both in Committee and subsequently in writing, that I agree that policy on school transport needs updating. I can confirm that that is being addressed by the Department for Education and Skills. I have already agreed with the hon. Gentleman that new guidance is needed. I agree that it needs to make it clearer that cases of those seeking school transport to non-denominational schools should be treated in the same way as the cases of those who seek transport to denominational schools. I have indicated that new guidance will be produced, but it can be produced only by the DFES following consultation, development and the passage of the education and inspections Bill, which will, among other things, tackle school transport policy. We do not propose to produce statutory guidance for schools, but non-statutory guidance will be produced, which will make it clear that exceptions under the Bill do not override rights of non-discrimination under the Human Rights Act 1998. I agree with the hon. Gentleman that the explanatory note to the Bill is not properly even-handed and we shall ensure that the note to the final Act puts that right. This Bill is totally different from the education and inspections Bill, which is progressing on a different time scale and is not as far advanced. I appreciate the hon. Gentleman’s concerns; indeed, the interest he has shown with such tenacity has served to reinforce the need for guidance in this area, but it cannot be given under the Bill. I hope that, once again, he will agree to withdraw his new clause.