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COMMONS AMENDMENTS

51Clause 53, page 23, line 19, leave out subsections (6) and (7)
52Clause 54, page 23, line 34, leave out ("any report under this section") and insert ("a report of an inspection conducted under this section otherwise than as a result of a request under subsection (3)")
53Page 24, line 2, at end insert--

("( ) The Inspectorate may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.")
54Page 24, line 3, leave out subsections (8) and (9)
55Clause 56, page 25, line 1, leave out ("person providing") and insert ("provider of")
56Clause 58, page 25, line 27, leave out from beginning to ("in") and insert ("secondary education provided")
57Page 25, line 38, at end insert--

("( ) "Secondary education" and "further education" have the same meaning as they have in the Education Act 1996.")
58Clause 59, page 26, line 15, after ("teachers") insert ("or lecturers")


59Clause 60, page 26, line 19, leave out ("which fall") and insert ("providing education or training falling")
60Page 26, line 33, leave out ("person providing") and insert ("provider of")
61Page 26, line 38, leave out subsections (8) and (9)
62Clause 61, page 27, line 2, leave out ("and any inspector taking part in the inspection")
63Page 27, line 6, leave out ("person providing") and insert ("provider of")
64Page 27, line 10, leave out ("inspector") and insert ("Chief Inspector")
65Page 27, line 21, leave out ("or any inspector")
66Page 27, line 23, leave out ("any person exercising") and insert ("the Chief Inspector in the exercise of")
67Page 27, line 27, leave out subsection (7)
68Clause 62, page 27, line 32, leave out ("66") and insert (" 66(2)")
69Page 27, line 33, leave out ("person providing") and insert ("provider of")
70Clause 63, page 28, line 6, leave out from ("may") to end of line 7 and insert (", without being asked to, conduct such an inspection")
71Page 28, line 8, leave out from ("If") to ("in") in line 9 and insert ("financial resources have been applied by the Learning and Skills Council or a local education authority")
72Page 28, line 11, leave out from ("which") to end of line and insert ("those resources have been applied")
73Page 28, line 26, leave out ("person providing") and insert ("provider of")
74Clause 64, page 29, line 10, leave out subsections (5) and (6)
75Clause 69, page 31, line 21, leave out subsections (4) and (5)
76After Clause 69, insert the following new clause--

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("CHAPTER IV
GENERAL
DEFAMATION

.--(1) For the purposes of the law of defamation a report published under a provision of, or made as a result of, this Part is privileged unless its publication is shown to have been made with malice.
(2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.")
77Clause 71, page 32, line 2, leave out ("body known as the")
78Page 32, leave out lines 5 to 9
79Clause 72, page 32, line 29, leave out from ("1998") to end of line 31
80Clause 73, page 33, line 20, at end insert--

("( ) In exercising functions under this Part, the Chief Inspector for Wales must have regard to--
(a) advice given by the National Assembly; and
(b) such aspects of the National Assembly's policy as the National Assembly may specify.")
81Clause 74, page 33, line 21, leave out ("secure that") and insert ("inspect")
82Page 33, line 23, leave out ("is inspected by a member of the Inspectorate")
83Page 33, line 25, leave out from first ("The") to ("must") in line 26 and insert ("Chief Inspector for Wales")
84Page 33, line 26, leave out ("to the Chief Inspector for Wales")
85Page 33, line 35, leave out ("On receipt of a report under subsection (3),")
86Page 33, line 36, leave out ("it") and insert ("the report under subsection (3)")
87Clause 75, page 34, line 8, leave out ("arrange for") and insert ("inspect, and report on,")
88Page 34, line 9, leave out from ("kind") to end of line
89Page 34, line 10, leave out ("arrange for") and insert ("inspect")
90Page 34, line 15, leave out from beginning to ("if")
91Page 34, line 19, leave out subsection (5) and insert--

("( ) Subsections (5) to (8) of section 74 apply to a report under subsection (2) as they apply to a report under that section.
( ) The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.")
92Clause 76, page 34, line 21, leave out from ("Part") to ("has") in line 23 and insert ("the Chief Inspector for Wales")

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93Page 34, line 26, leave out ("person providing") and insert ("provider of") ls>
94Page 34, line 39, leave out ("require") and insert ("such assistance from")
95Page 34, line 44, leave out from beginning to end of line 1 on page 35 and insert ("as the Chief Inspector for Wales")
96Page 35, line 3, leave out ("a person exercising") and insert ("the Chief Inspector for Wales in the exercise of")
97Clause 77 page 35, line 8, leave out from ("inspection") to end of line and insert--

("( ) But it does not apply to a report of an inspection conducted--
(a) as a result a request under section 75(3); or
(b) under section 80.")
98Page 35, line 9, leave out ("person providing") and insert ("provider of")
99Clause 78, page 35, line 28, after ("Assembly") insert ("for Wales")
100Page 35, line 38, after ("Assembly") insert ("for Wales")
101Page 35, line 41, leave out ("(5) to (8) of section 34") and insert ("(6) to (6C) of section 35")
102Clause 79, page 36, line 6, leave out ("arrange for an inspection of") and insert ("inspect")
103Page 36, line 7, after ("Wales") insert ("by the Secretary of State")
104 Page 36, line 9, leave out ("to be conducted by a member of the Inspectorate")
105Page 36, line 10, leave out subsection (2)
106Page 36, line 15 leave out from second ("State") to end of line 16
107Page 36, line 20, leave out from second ("Inspectorate") to end of line 21
108Clause 80, page 36, line 36, leave out from ("being") to end of line 37 and insert ("asked to, conduct such an inspection")
109Page 36, line 37, at end insert--

("( ) If financial resources have been applied by the Council or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.")
110Page 36, line 42, leave out ("person providing") and insert ("provider of")
111Page 36, line 43, leave out from ("provide") to end of line 45 and insert ("such information as the Chief Inspector for Wales may reasonably require in connection with the inspection")
112Page 37, line 2, leave out from ("provide") to ("in") in line 4 and insert ("such information as the Chief Inspector for Wales may reasonably require")
113Page 37, line 6, at end insert--

("( ) On completing an area inspection, the Chief Inspector for Wales must make a written report.")
114Page 37, line 7, leave out ("(3)") and insert ("(4), (5)(a) to (c) and (6)")
115After Clause 80, insert the following new clause--
ACTION PLANS FOLLOWING SECTION 80 INSPECTIONS

(" .--(1) This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 80.
(2) The National Assembly may direct the Council to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.
(3) The National Assembly may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

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(4) In preparing the statement the Council or the authority must consult such persons as the National Assembly may direct.
(5) The person making the statement must--
(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and
(b) send copies of it to such persons as may be so prescribed.")
116After Clause 82, insert the following new clause--
ANNUAL PLAN OF THE CHIEF INSPECTOR FOR WALES

(" .--(1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.
(2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.
(3) The plan must contain estimates of--
(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and
(b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.
(4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.
(5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.
(6) "The 1998 Act" means the Government of Wales Act 1998.")

Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 116. I shall speak also to Amendments Nos. 184, 185, 205 to 209, 262, 263 and 276.

I should like to explain a few of the more important amendments in this group. Amendment No. 51 and the majority of the others in the group are minor or drafting amendments with little real effect in substance and I shall take up the time of the House on such amendments only if noble Lords would like any further explanation.

I turn first to Amendments Nos. 52 and 53, which are linked. Under Clause 54, a private employer may enter into a contract with the Adult Learning Inspectorate (ALI) to evaluate the quality of its training provision--that is, training which is paid for privately by the company itself, without government support. In these circumstances, we do not want the ALI to have a duty to publish the report. Such inspections will be a private matter between the employer and the ALI and it would be quite inappropriate for the ALI to be under a duty to publish the results of the inspection, especially where the employer might be reluctant for the results to be published. But the important issue is that the ALI may

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do so under arrangements it reaches with employers--for example, to publicise and promote good practice. Amendments Nos. 52 and 53 achieve this position.

Amendments Nos. 56 and 57 also need to be considered together. Although technical, they are important in reflecting our policy of promoting collaboration between schools and FE colleges in the provision of secondary education. Such collaboration can only be of benefit to those young people for whom learning solely in schools may not be the best option. Clause 58(a), as originally drafted, did not allow for the inspection by Ofsted of 16 to 18 year-olds undertaking such collaboratively provided secondary education within an FE college.

Clearly, all such education must be inspected and secondary education should be a matter for Ofsted. Amendment No. 56 provides that secondary education offered at an FE sector institution will fall within Ofsted's remit both for those of compulsory school age and those over 16 but under 19. Amendment No. 57 defines the terms "secondary education" and "further education" by reference to the Education Act 1996. Noble Lords will also wish to note that this Act's definition of "secondary education" is extended by Clause 99 of the Bill to include provision made partly at a school and partly at another institution, such as an FE college.

Amendment No. 116 introduces a new provision at the request of the National Assembly. It places a duty on the chief inspector for Wales to prepare an annual plan for the forthcoming financial year and submit it to the National Assembly. The plan has to be submitted before the beginning of each financial year to which it relates. The plan must set out the chief inspector's proposals as to how she intends to use the funds made available to her to carry out her inspection and other functions. It should also set out her expected budget and contain proposals as to her spending plans for that year. The chief inspector will have the power to publish the plan as she considers appropriate.

Amendment No. 115 introduces a new clause but it is not a new policy direction for the Bill. It ensures that the report of an area inspection is carried through to its logical conclusion by requiring a plan to be prepared detailing the action to be taken and in a specified time period. The action plan should either be prepared by the CETW or an LEA, as necessary, and the person preparing the statement must consult such persons as the Assembly may direct.

Finally, Amendment No. 263 is needed in order to provide a short-lived but vital transitional arrangement for the Adult Learning Inspectorate. The key insertion will be within Schedule 9 to the Bill.

Under Clause 50 of the Bill, the Adult Learning Inspectorate will consist of nine members. We have already appointed the chairman and the chief inspector will be appointed soon after Royal Assent. But all nine members of ALI may not be appointed until much later in the year, and meanwhile certain key tasks will need to be carried out. For instance, the common inspection framework will need to be agreed

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with Ofsted before it is put out to consultation for three months. The inspectorate will need to secure premises in September and to start recruiting and training staff. There will be significant planning arrangements which will need executive decisions--for example, agreeing with Ofsted a programme of area and joint inspections.

Amendment No. 263 will therefore allow ALI to function with as few as two members--in practice, the chairman and the chief inspector--during the transitional period. A similar approach in respect of the LSC was agreed by this House in the earlier stages of the Bill. Noble Lords will note that once all the other members have been appointed, the provision will expire automatically.

With this group of largely technical amendments the Government complete their provisions for the new inspection regime. The preparations for a successful implementation are already under way. The draft common inspection framework produced by the three current inspectorates is a demonstration of how inspection can be conducted under shared principles. With the appointment of Nick Reilly to be the chairman designate of ALI we have an experienced, dynamic leader to help build the new organisation. These provisions will help us in our mission to drive up standards and quality across the post-16 sector and I commend them to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 116.--(Baroness Blackstone.)

On Question, Motion agreed to.


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