Academies Bill [HL]

My Lords, in moving Amendment 3A, I shall speak to Amendments 4A and 101. My noble friend Lord Adonis drew our attention to the similarity between Clause 1 of the Bill and the relevant Section of the Education Act 2002. However, the difference between this Bill and the section devoted to academies in the 2002 Act is the scale of the new initiative and the fact that this Bill will encompass so many new schools. Therefore, it is right that there are more safeguards and stringent checks than were perhaps required in the past. Amendment 3A and the first part of Amendment 4A in some ways refer back to the debate on the previous group of amendments, but they are still pertinent. It is surprising that there is no provision in the Bill for any ““fit and proper person”” test to discern whether a board of governors or anyone to whom they may contract the running of a school are appropriate persons to take on the role of governing an autonomous school without local authority support—and, seemingly, much reduced inspections. This lack of safeguards would be concerning, but it might be understandable were there provision that the concerns of the community were taken into consideration in conferring this significantly increased responsibility or even power on existing boards of governors. This Bill appears to compound that lack of safeguards rather than tempering it by cutting out any right of these obviously vital stakeholders to be consulted. Amendments 3A and 4A are designed to address that crucial gap in the proposals. The issue of consultation should be central to the Bill. However, as the noble Lord, Lord Turnbull, said at Second Reading, consultation is a serious hole in the Bill. Amendment 101, in the name of my noble friend Lady Morgan, would ensure that the requirement to consult various interested groups in the community is in the Bill. This is not a delaying tactic—I am not attempting to put any delaying hurdles before the Bill—but I believe that consultation is an imperative. The amendments are also intended to temper an effect that the Minister of State for Children and Families in the Department for Education identified some time ago, when she said: "““Unless you give local authorities that power to plan and unless you actually make sure that there is money available ... it’s just a gimmick””." I am sure that this Bill is not a gimmick, but local authorities have a role in planning and delivering education in the community that remains far more democratically accountable and responsive than a system that relies on the Secretary of State sitting at his desk in Whitehall. As was pointed out at Second Reading, there is difference between political rhetoric and reality in relation to the Bill. The Prime Minister said some time ago: "““So we will take power from the central state and give it to individuals where possible—as with our school reforms that will put power directly in the hands of parents””." The coalition programme—in section 4, on communities and local government—says: "““The Government believes that it is time for a fundamental shift of power from Westminster to people. We will promote decentralisation and democratic engagement””." I believe that consultation is a vital part of democratic engagement. However, this Bill is not so much about decentralisation as about centralisation. Power is being taken away from the people and given to the Secretary of State. Community cohesion is dealt with in the next group of amendments, but at Second Reading the noble Lord, Lord Greaves, made the important point that the wider views of the community should be taken into consideration in relation to decisions about schools, as the education system must serve the whole community. I believe that the community should be included in any consultation. Consultation, apart from being the right course of action, enables time for reflection about governance and accountability and about how schools can best use new freedoms to their advantage but without disadvantaging the rest of the community. Local authorities, parents, children and the staff—both teaching and non-teaching—see issues in the round and, unlike the Secretary of State, are aware of local circumstances and sensitivities. They are best placed to know the needs of the community and to express concerns that might not have been considered about the consequences of a conversion. They can reflect on the impact on neighbouring schools. I also believe that there must be parental involvement from the first if the schools are to succeed. That means involvement in a parental consultation process. To have one or possibly two parents on the governing body that makes an application to the Secretary of State is not enough. Wider consultation with parents is needed. The Secretary of State has said publicly that he hopes that some schools will be able to convert to academy status by the beginning of the new academic year this September. Some looking at this from the outside suspect that the haste and determination with which these schools are to be converted owe more to political considerations than to any particular urgency. I believe that there is more to this issue than politics. Introducing a proper measure of consultation would enable the Government to demonstrate that this Bill is not just about politics but about improving standards and improving our education system. However, time is needed for consultation. If that means that schools that are anxious to become academies have to wait a few more months before they can do so, so be it. Consultation is important for the schools and for communities. In the Statement, I think that the Minister said—I may be mistaken—that there would be consultation on the setting up of free schools. Why is there to be consultation on free schools, which will then become academies, but no consultation on academies in relation to this Bill? In my view, consultation is the key to the success of these new academies. Consultation, when properly undertaken, is a means of ensuring that the right policy for a particular school is pursued and of ensuring the wider ownership of this policy. It will engender the confidence of parents, pupils, staff and the community. This is a means of ensuring the success of the policy.