Academies Bill [HL]

My Lords, my Amendment 104 is in this group. I am not quite sure why Amendment 3A is in the group—I think that it should have been in a previous one—but the rest of the amendments are all about consultation. I agree with the noble Baroness, Lady Royall, that appropriate consultation, over a sufficient time, leads to good decision-making. The decision that schools have to make about conversion to academy status is terribly important, so I think that they should consult. I have a few words to say about the amendments tabled by the noble Baronesses, Lady Royall and Lady Morgan. I am not sure why they felt the need to include CRB checks in Amendment 4A. I am sure that the Minister will correct me if I am wrong, but I thought that all those who had dealings with schools had to have CRB checks anyway. Indeed, I know a young teacher who does both paid and voluntary work in a number of schools and has had four CRB checks. I hope that the coalition Government will smooth out that totally unnecessary duplication. Also, surely the Government normally do due diligence on anyone with whom they intend to sign a contract, so I think that the second subsection in the amendment may be superfluous, too. The main point of this debate is consultation. Of course schools should consult all the relevant people and provide them with the information that they need to be able to respond appropriately. To become an academy is an enormous change in the governance and funding of a school. Indeed, I think that it is very risky, as Clause 1(2)(b) and Clause 1(3)(b) give enormous power to the Secretary of State without any scrutiny by Parliament. Perhaps we will get that changed during the Bill’s passage through your Lordships’ House. We will discuss the merits of these arrangements later, but the fact remains that a school that becomes an academy under the Bill does so entirely at the whim of the Secretary of State, so it needs to be sure about the potential benefits of the change to the education that it provides to all the children in its locality. Incidentally, I do not believe that these schools should be called ““independent””, as they have been described. They will be totally dependent on the Secretary of State for their funding and the terms of their operation. My noble friend Lord Greaves referred to them as ““autonomous””, which I believe is a better expression. The difference between our amendment on consultation and those tabled by the Opposition is that we do not include the trade unions. I thought that I should explain why that is. Unions are national organisations, whereas we have proposed consulting local people or organisations that have a keen interest in the school. No national organisation can have a relevant view of the merits of the application of every individual school. The local people matter here and it is they who should be consulted. That is especially true of the children. I have been in your Lordships’ House for 10 years. At the start, when the Labour Government brought legislation before us, we had to put down a lot of amendments about what I call the voice of the child. Gradually, the Government got the message and, I am glad to say, such provisions started to appear in Bills, so we did not need to put down those amendments. I hope that the Minister will take into account the fact that, when you consult children about things that affect them, you get better decision-making. I also hope that, if he cannot accept these amendments, he will at least put this in guidance, so that schools have to consult the appropriate people. On the matter of the documents that should be sent out to the people who are being consulted, Amendments 101 and 102 are far too prescriptive. We would leave it to the schools to judge what material it is appropriate to send out. On these Benches we intended to add something much briefer and less prescriptive but it got lost and did not go down in the end. The period suggested for the consultation is six weeks by the noble Baroness, Lady Morgan, and four weeks by the noble Baroness, Lady Howe. However, the school will have to make the TUPE arrangements with staff, which requires 10 weeks and should not be during the school holidays. Schools will have to take a lot longer than four weeks, and so they should. I have already urged my right honourable friend Michael Gove to hasten slowly, and I shall do the same to my noble friend Lord Hill. That should be the watchword. The decision does not need to be fast but it needs to be right.