Education and Inspections Bill


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Annette Brooke: I accept that correction, but would the Minister not agree that there is a deficit in the skills of those 18 to 21-year-olds, so they need more than eight hours per week?
Phil Hope: The hon. Lady is absolutely right. I was dealing with the issue of people under school-leaving age—the 15 to 17-year-olds. Nevertheless, she is right: levels of illiteracy and innumeracy among the prison population aged over 18 are high. To address the point made by the hon. Member for Bognor Regis and Littlehampton, a major programme that the hon. Lady will know about—our “skills for life” strategy, launched in 2001, for which I have responsibility—has led to dramatic improvements. I have visited prisons and spoken to older offenders working with other offenders to increase their literacy and numeracy levels. However, there is a huge mountain to climb and it is important that we do that.
I am pleased that some 3.5 million adults took part in “skills for life” courses and that 1.25 million have received their first level 1 qualification since we launched the strategy. I will not go into other figures now, but will try to stick to the new clause. There is a huge need and there is work to do if we are to achieve our goals of reducing illiteracy among the adult population as well as reducing the numbers of young people, with poor levels of literacy and numeracy.
I agree with the hon. Lady that there is a challenge, but there is cross-party support for addressing it. However, simply removing the sections in the Education Act 1996 which disapply the powers and duties that the Act confers on the Secretary of State, local education authorities and parents to anyone detained under the order of a court, as has been proposed, is not the right way forward. A range of detailed duties are already in place to condition the education provided to children detained under an order of court, and those will require substantial unpicking and reconsideration. Simply inserting the new clause will not do that; in fact, it would create inconsistent and, in some cases, conflicting duties for the Youth Justice Board and LEAs.
We addressed the issue clearly in the Green Paper, “Reducing Re-Offending Through Skills and Employment”, published jointly by my Department, the Home Office and the Department for Work and Pensions last December, with which I am sure the hon. Lady and other Opposition Members will be familiar. We acknowledge that there are problems with the current arrangements and we set out clearly as a key priority our commitment to consider the issues affecting school-age offenders and their education. We said that we will involve relevant Departments and agencies in developing a new strategy to develop these issues and that we would publish proposals in the second half of this year. That commitment holds good and it is, I think, a better way of addressing the issues raised than simply accepting the new clause.
We are putting forward a comprehensive proposal that I hope will persuade the hon. Lady to withdraw the amendment, knowing that we have an active process under way, with proposals to be published later this year.
Mr. Hayes: I alluded to that document when I spoke. The Minister will recall that the discussion that we had about it highlighted the problem of disrupted provision. Often, people are moved when they are on courses, or their regime or teacher may change, which is particularly critical in respect of the younger people to whom the hon. Lady referred. Will the Minister give us any perspective on that?
Phil Hope: The hon. Gentleman is right. The Green Paper’s proposals are wide-reaching and will have a huge impact throughout not only the prison system, but the probation service and the new National Offender Management Service that is currently being developed. There will be dramatic changes. A thorough educational assessment programme will be carried out at the start for the small proportion of young people who go into custody. On the basis of that initial assessment, young people go through intensive programmes to address the deficits that might well have developed as they have gone out of school and into care or some form of custody.
6.15 pm
In 2002, the Youth Justice Board produced the national specification for learning and skills, which requires that the service provided in custody matches that to which young people will be entitled in school or college provision. The new investment that the Youth Justice Board has put into prison education has improved the provision to achieve the change in performance that I have mentioned.
I turn now to new clause 3. We need to recognise the scale of the issues. Of the three immigration removal centres that hold families with children, two hold families for a maximum of 72 hours. One is in Scotland, and so the Bill does not apply to it. The capacity of any local authority to react to the frequent movements into and out of those centres and to provide a personalised learning experience for the children held there is likely to be extremely limited.
The hon. Member for Mid-Dorset and North Poole referred to the immigration removal centre at Yarl’s Wood. She is right that, where necessary in individual cases, families with children are held there for longer periods. Most will be held for just a few days prior to removal from the UK. As part of the requirements on the operator, the centre provides education based on the national curriculum, which is tailored to the needs of the individual children in the centre. Efforts are made to link the learning provided with that received by the children in the schools they may have attended prior to detention in the centre. The inspectorate of prisons’ inspections of Yarl’s Wood are supported by Ofsted.
To extend local authorities’ duties to the children held in those few immigration removal centres would place a significant burden on a few authorities. The arrangements for providing education in Yarl’s Wood immigration removal centre are established through the contract by which the centre is operated and run. Although the most recent inspection report on the establishment identified some significant areas for improvement, providing an education service specifically tailored for the small but inevitably diverse population of the immigration removal centre through the contract rather than as a small adjunct to a local authority’s general responsibilities remains, I believe, the better way forward.
I assure the hon. Member for South Holland and The Deepings that of course all staff with access to children have appropriate CRB checks, training and so on, so that they can provide the services that are required. I hope that the new clause will be withdrawn, on that basis.
Annette Brooke: I thank the Minister for his comments on new clause 3. I said clearly that it was a probing clause, because it is difficult to see how to solve the problem when we are still locking up children who have done nothing wrong. It seems to me to be a mistake in our society that we should do that at all. However, I look forward to the next inspector’s report and hope to see those improvements coming forth and achieving results. It is important that MPs continually raise the issues that affect asylum-seeking children, who can be forgotten children.
I accept that the wording of new clause 2 might not be appropriate. However, the principle is so important that we would like to push it to a vote. We do not wish to withdraw the clause, on the premise that there is so much more to be done. We would be failing in our duty if we did not keep highlighting those problems and keeping them at the top of the agenda. It is good to hear that things will improve in some months’ time, but since I became an MP we have said many times, “Things will get better when such and such happens”. We want to make the statement today that the Bill should cover all our children and improve all their educational prospects.
Question put, That the clause be read a Second time:—
The Committee divided: Ayes 3, Noes 13.
Division No. 6]
AYES
Brooke, Annette
Mulholland, Greg
Teather, Sarah
NOES
Blackman-Woods, Dr. Roberta
Cawsey, Mr. Ian
Chaytor, Mr. David
Creagh, Mary
Gwynne, Andrew
Hillier, Meg
Hope, Phil
Moffatt, Laura
Morden, Jessica
Shaw, Jonathan
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, rh Jacqui
Snelgrove, Anne
Question accordingly negatived.

Clause 7

Invitation for proposals for establishment of new schools
Mr. Gibb: I beg to move amendment No. 24, in clause 7, page 6, line 34, at end insert—
‘(1A) A local authority shall publish a notice under subsection (1) in circumstances where 35 per cent or more of school places are in schools that are underperforming.'.
The Chairman: With this it will be convenient to discuss the following amendments:
No. 179, in clause 7, page 6, line 34, at end insert—
‘(1A) A local education authority must publish such a notice if they receive representations from 50 or more parents of qualifying children in connection with the establishment of a foundation, voluntary or foundation special school or an academy.
(1B) In subsection (1A) “qualifying child”, in relation to a local education authority, means any child in the authority's area who is of or under compulsory school age.'.
No. 193, in clause 7, page 6, line 34, at end insert—
‘(1B) In subsection (1A) a maintained school is “underperforming” if, in the previous academic year, it was in the fourth quartile nationally of the value added measure of school performance.'.
No. 25, in clause 7, page 7, line 1, after second ‘a', insert ‘reasonable'.
No. 65, in clause 7, page 7, line 2, at end insert—
‘(ca) specify appropriate qualifications for persons other than local education authorities wishing to establish the new school,'.
No. 27, in clause 7, page 7, line 20, at end insert
‘, such time not to be less than a period of two months,'.
Mr. Gibb: Clause 7 is probably the key provision of the Bill; it is certainly the major factor in persuading the Opposition to support it. During his speech on 24 October last year—the day before the publication of the White Paper—the Prime Minister said:
“In our schools, as I shall go on to describe, the system will finally be opened up to real parent power. All schools will be able to have Academy style freedoms. All schools will be able to take on external partners. No one will be able to veto parents starting new schools or new providers coming in, simply on the basis that there are local surplus places. The role of the LEA will change fundamentally.”
In the White Paper itself, the Prime Minister stated:
“While parents can express a choice of school, there are not yet enough good schools in urban areas; such restrictions are greatest for poor and middle class families who cannot afford to opt for private education or to live next to a good school, if they are dissatisfied with what the state offers.”
Many parents are dissatisfied with what the state offers; the recent National Audit Office report into improving schools stated:
“As at July 2005, there were 1,557 poorly performing schools in England, which represented around 4 per cent of primary schools and 23 per cent of secondary schools...We estimate that these 1,557 schools educate around 980,000 pupils, or 13 per cent of the school population.”
The clause has been important in eliciting support from the Opposition, but it is also a major reasonfor Labour rebels’ opposition to the Bill. In their alternative White Paper, “Shaping the Education Bill: Reaching for Consensus”—I wonder how they got on trying to reach that consensus—they state:
“We propose that local authorities be empowered to assess and if necessary refuse or restrain the expansion of schools where this would not be in the overall interests of pupils in their area...Local authorities should retain the power to decide whether to function solely as commissioners, and not providers, of education...The Trust concept must be more fully developed and discussed before it could be enshrined in primary legislation.”
Before Easter, I was accused by the Minister of doing her job for her in citing the draft regulations in support of clause 3. In giving this explanation of the reasons for amendment No. 24, I may be in danger of being accused by the hon. Member for Bury, North—although he voted for the Bill—of doing his job for him. The amendment adds strength to the power of parents by triggering a competition for a new school and inviting proposals in circumstances in which 35 per cent. of school places are in schools that can be regarded as underperforming. I cited the concerns given in the alternative White Paper about what the provisions that became clause 7 do. Despite those concerns, the letter from the Secretary of State to the Chairman of the Education and Skills Committee still makes it clear:
“A key part of the vision set out in the White Paper is that the local authority increasingly acts as a commissioner, rather than a provider, of schools.”
Given the huge majority, as the Minister indicated, that the Bill received on Second Reading, I hope that that remains a key part of the vision. The amendment seeks to strengthen that vision by creating an automatic trigger for a notice to be issued under clause 7 inviting proposals for the establishment of a new school when 35 per cent. of school places are in schools that are underperforming. We defined underperforming schools in amendment No. 193 as those schools that appear in the bottom quartile of a value-added league table.
 
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