My Lords, I intervene in what has been a wide-ranging debate. I must admit that I have felt increasing sympathy for the Minister. I do not think I have seen anybody quite so surrounded in this Chamber, with the only possible line of vague hope coming from the Opposition Benches. This is an odd Bill that we have got ourselves into.
The discussion about the philosophy of schools and how they are organised is one that will colour this debate, but the noble Lord, Lord Baker, put his finger on the essential thing here: we have a Government who have given themselves the capacity to change how things operate at the drop of a hat. That is it—“We can tell you how it should be.” The noble Baroness, Lady Chapman, started on that. It is worth remembering —I hope those on the Conservative Benches will remember—that nobody is guaranteed to be in power for ever. Some appalling person in the Labour Party or some evil Liberal Democrat may one day be making these regulations. It could happen. We can argue about when it will happen or whether it will happen, but the tide of history is that eventually everybody changes. Therefore, we should have some capacity here for checking what goes on.
Taking out the first 18 clauses was the radical surgery proposed by the noble Lord, Lord Baker—cutting out the rotten bit. It looks increasingly attractive to me and, I suspect, to quite a lot of Members on his Benches. Two major reports from this House have come out and said that this is bad. They are Henry VIII clauses. Henry VIII may have inspired a very good musical recently but, in parliamentary terms, he is not seen as an example of good governance. He is stamped all over this from start to finish. If we are going to allow this to happen, a lot of us might as well pack up and go home. If any Secretary of State in any department—it starts with Education—gets away with it here, it will happen somewhere else. We might as well not be here. The amendment that I have put forward is one answer to this, but it would not be a complete answer; it is merely a way of saying that there are limits—that is, what is put down here must be what we are talking about. If it comes back to this, I would still, shall we say, judiciously prune that list, but that is what we are talking about in this Bill.
The educational merits of various types of school system are interesting and important, but let us concentrate on this bit first. A Secretary of State can wake up in the morning and change a system. I am not sure how we are going to get down to this—there is a lot of Clause 1 to go through—but this is the backdrop to it all. I hope that the Minister can say, as she has told me in meetings before, that the Government are in listening mode; I know she is trying to make things work. My challenge to the Minister on this occasion is: how
good is her hearing? How much capacity does she have to tell people that they should change, should put some limitations on this and should allow discussion in Parliament and elsewhere to get at this. If we do not, I am afraid we are going to a very strange and unpleasant place.