My Lords, my degree of fellow feeling for the Minister is growing, as it was when the noble Lord, Lord Knight, was talking, because of the amount of nodding and smiling in agreement behind her from her distinguished predecessors in the post—both of whom are true believers in academies—saying that this series of powers is unnecessary. The noble Lord, Lord Nash, has given us a classic example of “Don’t make us pass this because you can do it already. You’re effectively wasting ink.” The fact that it
comes from the Secretary of State and not from another structure merely enhances the problems that there already are on this.
I would be interested to see what the down side of going back would be if we were to go through this. Can the Minister point out what the problem is with having this all in the office of the Secretary of State? Is it going to the Secretary of State themselves and this is some form of punishment for whoever holds the position, for having that amount of power? It is going to concentrate everything and it is already done. What great failings are we addressing? This is not the first Bill where we have thought that something must be done so we do it and then discover that it can already be done somewhere else. The Home Office normally holds the record for this, but if the Department for Education is going into some sort of competitive tendering process on this, I hope that the Minister can tell us how. Possibly it is some sort of Whitehall competition. If there is a problem, can the Minister identify it for us?
I appreciate what the right reverend Prelate has said about Amendment 39C. I was going to ask the Minister whether she could give us some description of what this would mean in practice if it was implemented. I appreciate that there may be problems with it. There are a series of arguments and messages running around the place about certain smaller religious groups that are getting very worried about this. What would be the result here and what is the Government’s thinking about how smaller religious schools will fit in?