Education and Inspections Bill

I think that it is the wish of the Committee that I should now respond to the debate. This has been an excellent if emotive debate giving a good deal of food for reflection hereafter. I will start in the spirit of peace and goodwill. After much ministerial deliberation and reflection, we accept most of the spirit of Amendment No. 217A moved by the noble Baroness, Lady Walmsley, to which she has just spoken. Pupils aged over 16 should be able to withdraw themselves from collective worship rather than it being a matter for parental consent, as it is for 16 year-olds and under. We will discuss that further with our partners in the faith communities and beyond, but I will seek to move an appropriate amendment at Report. Beyond that, we do not think it right to reopen the whole issue of collective worship on which there is a fairly broad consensus within the educational and faith communities. I say broad rather than universal because nothing pertaining to faith has universal consensus, and I deeply respect the views of my noble friend Lady Massey on this issue. However, in the context of the right of parents to withdraw their children, the flexibilities that schools have in respect of the diversity of their communities and the way that they conduct collective worship, we do not see a case for a wider change. I can respond to Amendment No. 83, in the name of the right reverend Prelate the Bishop of Peterborough, in an equally consensual spirit. We certainly agree that anyone contemplating proposals to close schools should consider the effect on diversity in the area concerned and in particular if there would be a reduction in the choice of schools with a religious character. Statutory guidance makes it clear that in deciding proposals to close schools of a religious character, the decision maker—currently the school adjudicator but it will become the local authority, to accompany the school organisation committee—should consider the effect that this will have on the balance of denominational provision in the area. The guidance goes on to say that parental demand and the standards of the school should also be taken into account. We will aim to retain these protections in the guidance to be issued under the Bill on which we will consult fully. On faith schools, two broad propositions have been put before us. The first is that there should be no more within the state sector, which is in Amendment No. 81 tabled by my noble friend Lady Massey. The second is the proposition that there should be a greater diversity in admissions, which was broadly the proposal of the noble Lords, Lord Baker and Lord Lucas. These are issues on which there are strongly held, passionate views on all sides, which the Government deeply respect. Our job is to take a position which we believe to be consistent with the public interest. I want to set out our position as briefly as I can. Taking the right to establish faith schools first, the Government believe it would unacceptably infringe the rights of parents in local communities to havea ban on the establishment of new faith schools. Article 2 of Protocol 1 of the European Convention on Human Rights provides for the right for parents to have their children educated in accordance with their religion and other views. Throughout the history of state education in this country, which of course predates the ECHR, Parliament has recognised this basic right and has accordingly agreed to the state funding of appropriately regulated faith schools over and above allowing private faith schools which, apart from closure for reasons of unacceptably poor standards, could only be closed by a fundamental breach of the ECHR. But our position is not just a question of the ECHR and historical commitments, important as they are. My party has explicitly supported the right of parents within proper local decision-making processes to establish state-funded state schools within the current regulatory system. Our 2005 manifesto said: "““Britain has a positive position of independent providers within the state system, including church and other faith schools. Where new educational providers can help boost standards and opportunities in a locality, we will welcome them into the state system, subject to parental demand, fair funding and fair admissions””." And I should add proper local consultation and decision-making. That was the manifesto on which we were elected and we intend to stick to it. I could not put the arguments better than did my noble friend Lady Morris, who was Secretary of State when amendments to the Education Bill 2002 were debated in another place—amendments which, like some of those moved today, would have obliged state faith schools to change their admissions criteria to restrict faith-based admissions. My noble friend, who I was glad to see in her place earlier, said: "““Our starting point is that it cannot be naturally right in a rich multicultural, multi-faith society that only Jews and Christians have managed to get faith-based schools. We would not look at the leadership of the country, find that it did not include many people of Afro-Caribbean and Asian minority faiths, then turn round and say, ‘They cannot have wanted it’. We would say that the structure must work effectively, and it is in that sense that the Government have promoted the wish for more faith schools””.—[Official Report, Commons, 06/2/02; col. 896.]" My noble friend went on to say: "““I want these schools to be in the maintained sector rather than the independent sector. I want them to be in the framework of accountability and their performance data to be placed in the public domain, as happens in the maintained sector. We do not all agree about that, but it is a strong argument. I also want faith schools to have to make available to their pupils the equal opportunities for boys and girls that schools in the maintained sector are obliged to provide””.—[Official Report, Commons, 06/2/02; col. 901.]" I could not put those arguments stronger myself and the noble Lord, Lord Dearing, made some very good points about the benefits. Parents want such schools to be in the maintained sector rather than in the wholly private sector. My noble friend Lord Ahmed made an impassioned speech on this point and I believe that his arguments merit close attention. In the maintained sector, there are no fees. In the private sector, there are fees. In the maintained sector, schools must operate any admissions criteria that comply with the School Admissions Code of Practice. In the independent sector, they do have to comply with the Disability Discrimination Act but they have much wider latitude. In the maintained sector, faith schools must have a governing body, including parent, teacher and community representation. In the independent sector, that is not the case. In the maintained sector, schools must employ teachers who have qualified teacher status and head teachers who have the National Professional Qualification for Headship. In the independent sector, they need do neither. In the maintained sector, schools must employ teachers according to the state School Teachers’ Pay and Conditions Document and accord them paying conditions, including pension rights on this basis. In the private sector, they need do none of these things, and indeed pay rates often in private Muslim schools, which my noble friend referred to, are much lower than they are in state schools. These are all arguments which should be weighed in the balance when local decision-makers decide. It is their decisions, not the decisions of central Government, that hold whether it is appropriate for Muslim schools to be able to enter the state system.