That will be very much an issue for the next spending review, but perhaps a neater solution would be to address the issue of the conversion of Catholic sixth-form colleges to academy status. I am aware that the issue of academy conversion is very significant for this group of colleges. Indeed, each Catholic sixth-form college was asked to consider joining an academy in the reports of the further education area reviews covering their areas, but I understand that only three of the 14 made an immediate decision not to pursue that option.
I should explain—as other hon. Members have explained—that the Further and Higher Education Act 1992 includes specific freedoms, which permit Catholic sixth-form colleges to maintain and develop their religious character. Fully equivalent protections are not included in the legal framework for 16-to-19 academies, which are a distinctive type of institution compared with other academies established through the Education Act 2011. The provisions that allow sixth-form colleges to consider
faith when appointing governors and staff, and that allow them to teach religious education and provide collective worship in line with tenets of the Catholic faith, do not currently exist for 16-to-19 academies.
When the legislative framework for 16-to-19 academies was first established, we did not envisage establishing them as faith-based 16-to-19 institutions. At the time, our view was that EU directive 2000/78/EC prevented the creation of new post-16 vocational institutions with a religious character. We had adopted a blanket approach, so that no post-16 provision could be established with a religious character. We are now exploring how to put in place the right conditions to enable Catholic sixth-form colleges to convert to academy status with their existing freedoms.
I know that my ministerial colleagues have met representatives of Catholic sixth-form colleges and the Catholic Education Service to discuss this issue. As the hon. Member for Harrow West pointed out, it would require primary legislation to make the necessary changes, but the Government’s legislative programme does not yet provide the scope for such legislation. We will of course keep this under review in future parliamentary Sessions, and we will continue to work with this group of colleges and with the hon. Gentleman to try to find a solution to this problem.