I strongly share my hon. Friend’s view. I want to make progress on that, both in my Department and across Government. The commitment I gave him earlier will continue as the Bill moves on and other work is done by the Ministry of Justice on the consultation it has carried out, because it is important that we make as much progress on that as possible at an important stage of development in many of our institutions and within the secure estate.
Clause 69 also plays an important technical function by disapplying duties with the SEN clauses that it would be impractical to deliver while a young offender is in custody. For those reasons, I do not agree that we can simply remove the clause ahead of the significant reforms to education in custody that the Ministry of Justice is considering and the resulting changes that might need to be made to existing legislation. However, I have sought to reassure my hon. Friend the Member for South Swindon and hope that provides him with some confidence as we move forward.
Turning to amendments 71 and 72, tabled by the hon. Member for Washington and Sunderland West, we are continuing to strengthen our understanding of young people’s post-16 educational outcomes. The Department for Education will be publishing destination data on students with SEN at key stage 4 before the summer break, and later in the year for those at key stage 5. The Department for Business, Innovation and Skills already publishes data on participation and attainment in further education by students with SEN aged 19 and over, and that will continue. I do not think that it is necessary to place additional reporting requirements on the further education sector when those data are already being made public. However, as I have said previously, I am sure that she will continue to press that point as the Bill moves on to the other place.
On amendments 73 to 75, we will ensure that any code of practice laid before Parliament has been subject to proper consultation and that Parliament is given the opportunity to scrutinise new or updated versions. Clause 67(2) already ensures that the Secretary of State carries out sensible and proper consultation on the code of practice. We intend to publish a draft code of practice on the Department’s website for public consultation in the autumn of this year and to give ample time for comment, over and above the draft that we provided for the purposes of Committee. If we did not consult appropriately, there would be every reason for this House or the other place to resolve not to approve the code.
The Education Committee considered the careful balance between proper consultation and parliamentary scrutiny and keeping the SEN code of practice up to
date during pre-legislative scrutiny. The Bill delivers on their recommendation that the draft should be subject to consultation and approved by Parliament using the negative resolution procedure. This brings the code into line with other statutory codes, such as the school admissions code, and enables an appropriate level of parliamentary scrutiny.
This debate has continued the good faith that has been a hallmark of the progress of this part of the Bill. Given what I have said, I hope that hon. Members will feel sufficiently assured not to press their amendments.
Question put and agreed to.
New clause 9 accordingly read a Second time, and added to the Bill.