Academies Bill [HL]

My Lords, the issue of accountability that we have just been debating is extremely important, as the amendments rightly reflect. I take the point made by the noble Lord, Lord Hunt, as he prompted me to think whether it is right to make provision for greater parliamentary scrutiny. I think that there is broad agreement across the House on the need for that, which I shall come back to in a moment. Amendment 17, moved by my noble friend Lord Greaves, would, as we have debated, require the Secretary of State to make regulations to set out criteria for entering into academy arrangements. I hope that he will accept that the Government have made it clear that they will apply a rigorous fit-and-proper-person test in approving any sponsors of an academy or promoter of a free school. We have circulated the draft funding agreements so that noble Lords can see the kind of terms and conditions that will apply to academies. We will publish the criteria for deciding applications from schools that are not rated as outstanding by Ofsted, which, as my noble friend knows, are proceeding on a slower timetable in any case. That said, since the academies programme started, the signing of the funding agreement has always been a matter between the Secretary of State and the academy trust. The Secretary of State has discretion over his decision in that respect to enter into academy arrangements and will want to review each application for an academy order on its merits. We think that some flexibility is needed in his consideration of these factors to ensure that he can make the right decision in each individual case. We have touched before on the point that the Delegated Powers and Regulatory Reform Committee has scrutinised the Bill and is satisfied that the level of parliamentary scrutiny it includes is appropriate. Nevertheless, as I alluded to yesterday on Report, there is a case for the Government going further in trying to make sure that Parliament has the opportunity to see how the policy is working. Before I come to that, I have a couple of further points of, I hope, reassurance. The funding arrangements will require academy trusts, as charities, to publish on their websites annual accounts, an annual report, their memorandum and articles of association and their funding agreement. If the Government’s amendment to require academies to comply with the Freedom of Information Act 2000 is enacted, they will be legally required to make available other information in response to requests. These are all mechanisms to make more information available. There will be no shortage of debate, but I accept the case argued by my noble friends Lord Greaves and Lady Williams, who want further reassurance. I also agree that, as we have already discussed, Parliament should have a more formal opportunity to scrutinise the progress of the programme. This, I think, was the point made by the noble Lord, Lord Hunt. I am grateful to my noble friends Lady Williams and Lord Greaves for pursuing this point, and I am happy to confirm that the Government accept the principle of their Amendment 53. Perhaps I may therefore suggest to them that, having given this commitment on the Floor of the House, I speak to them outside the Chamber and agree with them how to take the matter forward at Third Reading. In the light of that, I ask them to withdraw their amendments.