My Lords, again, this debate widens. I made the point earlier that these are not draconian measures. This is not about two Secretaries of State making policy on the hoof. This is about two Secretaries of State relevant to this issue working together to ensure that we get a policy that works for the local community. The measure applies to any new state-funded school.
As to the question raised by the noble Baroness, I have already alluded to the fact that any new application for any school is subject to the same criteria. Therefore, if the scenario that she indicated has arisen—historically, if it has happened previously and people have had to look at where to locate schools—I am sure that remedial action has been taken. The proposals do not contravene health and safety or issues of security and the safety of children because they are ultimately priorities for any Government of whatever colour or coalition. The measure does not compromise them at all.
I assure any noble Lord who is thinking in that way that while one can never plan for all probabilities, this does not do away with the planning process in terms of the health and safety of children—just to be clear, nor does the issue of free schools negate the role of local planning authorities. They will continue to play a key part in decisions on the location of schools. Let it be absolutely clear that a new school is only established where a community need is highlighted: our new policy allows people to set up a school in response to local needs.