European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

My Lords, with your leave and with the permission of the House authorities, the noble Baroness, Lady Campbell, has asked that I speak to her notes while she regains her breath. I hope that meets with your agreement. She says that the progressive realisation of an inclusive education system is the only vehicle through which to genuinely expand parental choice and protect and promote human rights in the process. In the response to her letter, the department provided her with its rationale for this declaration. The department quoted Ofsted’s report, Inclusion: does it matter where children are taught?, as finding that, ""The most important factor in determining the best outcomes for pupils with learning difficulties and disabilities (LDD) is not the type but the quality of the provision"." However, the department neglected to mention that the same Ofsted report goes on to say: ""There was little difference in the quality of provision and outcomes for pupils across primary and secondary mainstream schools and special schools. However, mainstream schools with additionally resourced provision were particularly successful in achieving high outcomes for pupils academically, socially and personally. PRUs were the least successful"." It goes on to say, ""Pupils with even the most severe and complex needs were able to make outstanding progress in all types of settings. High quality, specialist teachers and a commitment by leaders to create opportunities to include all pupils were the keys to success"." The noble Baroness, Lady Campbell, says that she cannot help but fear that such commitment will be needlessly undermined by this declaration, which represents a firm commitment by the Government to a permanent and fixed role for special schools. As such, she considers the declaration incompatible with the objectives of the convention. She notes the commitment of the Home Office to review in 12 months the necessity for the reservation concerning immigration and she would like the Government to withdraw their reservation regarding education. If they are unwilling to do this, at least let them agree to also review this reservation in 12 months. In fact, she would like to ask the Minister whether he will consider securing a review of all the reservations and the specific declaration in relation to education not later than 12 months after the date of ratification, including the full consultation with disabled people and wider society that has been sadly lacking to date.