Apprenticeships, Skills, Children and Learning Bill

My Lords, first, I declare my interests, which are recorded in the Register, in particular as a partner in the national commercial law firm Beachcroft LLP. I do not have much to say in response to the government amendments on sixth-form colleges, other than to thank the Minister very much for taking on board the concerns we expressed in Committee; and for coming back to us with what certainly appear to be positive amendments, which address the worries that we expressed on that occasion. We are particularly grateful not only that the Minister has accepted the amendment that requires local authorities to consult sixth-form colleges before appointing any governor to the board, but that—in line with our thinking—the power has also been extended to the YPLA. We welcome the Government’s commitment to our intentions here, and are grateful for the fruitful discussions that we have had with the Minister and her team. However, we now move on to the amendment tabled by my noble friend Lord Lucas. His Amendment 142 seems most appropriate and sensible. I found very interesting not only the arguments that he adduced, which brought us into the real world, but the support that they received from the noble Baroness, Lady Garden, my noble friend Lord Elton and the noble Baroness, Lady Howe of Idlicote. If the YPLA must publish a statement of policy about intervention in sixth-form colleges, which then has to be approved by the Secretary of State, where is the sense in asking the local education authority only to "have regard to" it, rather than "act in accordance with" it? In her opening remarks, the Minister sought to meet the points that she anticipated would be made by saying that no local authority would engage in costly intervention. It would have to have strong reasons. As my noble friend Lord Lucas said, it is all about the balance of power and the balance of influence. That summarises some very important arguments which were put forward. I assume that most local education authorities will indeed automatically act in accordance with such a statement. I have faith that they will operate in this manner. Nevertheless, we are dealing here with legislation. Sometimes—I speak with some scars on this—it is just not enough to have faith. If the intention is that local education authorities should comply with the statement, which has, after all, been approved by the Secretary of State and the YPLA, why on earth is it not in the Bill? Does the Minister not accept, as has been pointed out in this short debate, that this would provide more security for sixth-form colleges, while one would not expect it to place further burdens on local education authorities which will be complying with the statement anyway?