Academies Bill [Lords]

I am grateful for that intervention, as it enables me to repeat that the deal is not done until the funding agreement is signed. That has always been the case: it was the case under the previous Administration and it is the case today. It is the funding agreement that is key. Let me turn my attention to amendments 78, 4 and 18, which seek to prescribe with whom the school must consult. The Government believe that the individuals who lead schools—the governors and the head—are best placed to make decisions about their schools. They are the ones who know the local area, the local circumstances of the school and how it relates to other schools in the area. We do not intend to be prescriptive over whom schools should consult, as schools will have different views and the level of information they want or can make available at the time of consultation will depend on the point at which they do it. If they consult at the very beginning of the process, they may consult only on the principle of conversion itself. If they consult at a much later stage, they may want to consult on a wide range of additional matters—the curriculum, governance arrangements or a specialism for the academy, for example— on which they may by then have firmer views. We trust the school to determine how to consult and whom to consult, and we do not intend to provide an inflexible checklist, which would not, in itself, ensure that consultation were any more meaningful. This includes consultation with the local authority, as amendment 18 would require. We do not intend to give local authorities a role that could, in some areas of the country, undermine the Government's policy—as we know, this has been the case in the past. We do not want to provide local authorities with an opportunity to delay or frustrate applications via the consultation process. The Department's website, as I mentioned earlier, includes guidance on good consultation practice. New clause 1, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), would allow schools that have become academies to return to maintained status if 10% of the parents of the pupils at the academy vote in favour of it. Of course, the academies programme is about freedoms and lack of prescription, so an academy could choose, if it wished, to run itself like a maintained school. The academy could willingly act in such a way that for all intents and purposes, it would be a maintained school, operating with all the restrictions and requirements that apply to them—including the academy buying back services from the local authority and choosing not to use its curriculum or staffing freedoms. Therefore there would be no need for it to change its status for it to be run in a way that is equivalent to a maintained school. We expect all schools that apply to become an academy to be fully committed to the academies programme. Before becoming an academy, the governing body of the predecessor school will have taken account, as I have said on numerous occasions, of the views of the parents and pupils at the academy. Let me deal briefly with some of the comments made during the debate. My hon. Friend the Member for Southport (Dr Pugh) raised the issue of the new politics, which he said that he, like me, supports. I believe that the coalition involves discussion, concessions and change, which we have seen during the passage of the Bill. The coalition is delivering the kind of politics demanded by the public. Today, the coalition has delivered its promise to introduce a pupil premium. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather) has today tabled a written ministerial statement announcing a consultation process on the implementation of the pupil premium. My right hon. Friend the Member for Wokingham (Mr Redwood) took us back to the halcyon days of Lady Thatcher, which I know he likes to do from time to time, as do we all. My right hon. Friend is absolutely right that we need to trust teachers and head teachers and that we need to give parents a genuine choice that will serve as a powerful force to raise standards. My hon. Friend the Member for North Cornwall (Dan Rogerson) is right to point out that it is the funding agreement that is the key and the binding moment in the conversion process towards academy status. Schools wishing to convert in September had to apply by 30 June and we expect that those schools most keen to convert in September will already have embarked on consultation. That is what the Department has advised. There is nothing to stop such enthusiastic governing bodies from continuing to consult through July and the summer holidays, and it is inconceivable that they will have kept such matters from parents, when parents are represented to the tune of one third of governors on such bodies. My hon. Friend the Member for Brigg and Goole (Andrew Percy) is absolutely right that the governors of a school, particularly the parent governors, take their responsibilities very seriously. They care deeply about the school and would not take forward the process of acquiring academy status without taking into account the views of the community, whether or not a particular part of the community were represented on the governing body. The hon. Member for Wigan (Lisa Nandy) made the important point that schools are at the heart of the local community, and we agree that they should be, which is why the funding agreement specifically states that academies should be at the heart of the community and share facilities with it. She also raised the issue of the risk to governing bodies of a legal challenge, but clause 5(1) requires them to consult those people whom they think appropriate, and to a large extent, therefore, it is up to the body to decide whom it should consult. Provided that its decision is reasonable, it is unlikely to face a legal challenge. The hon. Member for Gedling (Vernon Coaker) asked for the number of schools that have applied. Those that want to convert in September must have applied to do so by 30 June, but that does not mean that others will not also have applied by that date, and we do not believe that all those that have applied will necessarily be in a position to convert by September. We want to ensure that the process is right, and we will not allow conversions until all issues have been resolved. The hon. Gentleman also asked where we are with the TUPE negotiations. Employers of staff at schools seeking to convert will be at different stages, depending on when they intend to convert, but TUPE requires the consultation on the transfer of employment to be sufficient, and it will apply outside the Bill in any event. Any proposed September convertors will have been advised to begin a TUPE consultation some time ago, at the outset of their consideration of the application. Finally, the hon. Gentleman asked about the details of the academy order. It will state that a named school will convert to an academy on such date as is specified in the funding agreement. It is a very short document, and with those few remarks I urge hon. Members and my hon. Friends, when asked, to withdraw their amendments.