Academies Bill [HL]

I am grateful for the comments that have come from all sides of the House about consultation. I am grateful, too, for it being recognised that I have listened to concerns and that the Government have moved a considerable way in reflecting them. As I said previously, that has been in response not only to concerns raised with me by noble friends Lord Phillips, Lady Williams and Lady Walmsley but also to the point made by the noble Baroness, Lady Royall, last week about wanting to be sure that the requirements for consultation on new academies—free schools—were the same as those for converting schools, which was the focus of our previous amendment. I shall try to provide as much reassurance on that as I can to the noble Baroness, Lady Morgan of Drefelin, as I go along. The first thing I should do is congratulate the noble Lord, Lord Adonis, on understanding what I think is quite opaque drafting, in certain places, by the parliamentary draftsman. He was spot on in his interpretation of subsection (4), which was the question asked by my noble friend Lady Walmsley. It was designed precisely to capture the situation that she cited as an example that she wanted captured, so I hope I can reassure her that it would meet that. As for the point raised by my noble friend Lord Phillips, it is fair to say that one of the tests for the approval of a new free school will be for the promoter to show that there is demand and support. Without being able to demonstrate that there is demand and support, without that basic evidence, the proposal would simply not be accepted or endorsed by the Secretary of State. It is not the point that one would need to have reassurance that he would satisfy himself that, if it had not happened, a consultation needed to take place. If the new free school proposal cannot demonstrate parental support, which could be demonstrated, I think, only by consultation, the proposal could not be accepted. That is, in part, the answer to the noble Baroness, Lady Morgan. Before approving a proposal, the Secretary of State would have to see evidence that assured him that there was appropriate demand and support. Secondly—I know that this concern about free schools was raised by other noble Lords —the Secretary of State has made it clear that he will carry out a fit and proper test of any proposer of a free school and take that extremely seriously. Thirdly—I am happy to put this on the record—we have obviously accepted the argument made by a number of noble Lords that we need to be clear in legislation that the requirement to consult applies equally to new free schools as it does to the converting academies that we discussed at an earlier date. The aim and purpose of these amendments is to achieve precisely that. Moving on to Amendment 8 in the name of the noble Baroness, Lady Morgan, I find the argument put forward by the noble Lord, Lord Adonis, quite persuasive. I know it is surprising. It is persuasive about the difficulty of these descriptions laying oneself open to legal challenge, so I do not find myself compelled to accept Amendment 8. As for the noble Lord, Lord Knight, if it is acceptable to him, because he made important points, although they were more like Committee stage points and quite a long way from the specific amendments about consultation, perhaps I may follow that up with him afterwards. I am happy to write to him. I am happy to meet him and talk about his points because I agree that they are important points. I hope that that provides the noble Baroness, Lady Morgan, a little more information in the light of which—