All I can say is that the legal advice I had on the text before us is that it would be better to say in the Act that a head teacher did not have to be a reserved teacher. But if the right reverend Prelate says that that is not so, I am quite happy about that.
Amendment 130 sets out the arrangements in regard to voluntary aided schools, but an important piece has been put into the bottom of this text. Proposed subsection (5A) in Amendment 130 states that, "““nothing in this section shall be taken to permit discrimination which would be prohibited by the Equality Act 2010 other than in relation to religion or belief””."
I understand that that wording is in compliance with the European text to which I earlier referred.
Most of the other amendments deal with what we are trying to achieve, which is a situation in which the arrangements that have been introduced by the previous Government in relation to academies are applied throughout the educational setup. In other words, there should be arrangements for people who are regarded as reserved teachers, but the rest of the teaching population should not be restricted in any way, and they may or may not be religious or may have no belief at all. I am asking the Government to consider seriously what is proposed here.
The amendments, as I understand it, do not interfere with the rights of religiously designated schools. All they do is ensure that the basic non-discrimination law protects teachers. They should be appointed on the basis of their ability to teach their subject. Their religion or non-religion should be a private matter, unless of course they are specifically appointed because of their ability to teach RE and deal with religious instruction. That is met by the proposed amendments, which are in line with the EU directive. I had very detailed legal opinion here, which is in full support of what I have been saying. As I said earlier, the intention is to give protection to people who have religion which is not the same as the designated one, or have no belief at all. I hope therefore that the Government will consider seriously what has been said because, if the amendments are not regarded as suitable but they accept the concept, they can come back with different wording. I beg to move.
Education Bill
Proceeding contribution from
Baroness Turner of Camden
(Labour)
in the House of Lords on Wednesday, 14 September 2011.
It occurred during Debate on bills
and
Committee proceeding on Education Bill.
Type
Proceeding contribution
Reference
730 c248-9GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
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