My Lords, I shall speak to Amendments 3 and 8 tabled by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey. As I promised earlier, I will also cover the similar element of Amendment 5 relating to the coasting regulations from the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell. Amendment 3 seeks to place
a duty on the Secretary of State to make regulations setting out the definition of coasting. This goes beyond the current power in Clause 1, which provides that the Secretary of State, may by regulations define what coasting means in relation to a school.
We have been very clear that we intend to make such regulations. In June, we provided an indicative set of regulations to Parliament for scrutiny. Last month we launched a public consultation on our overall approach to coasting and the detail of the definition set out in the draft regulations. I can reassure the House that our intention has always been that regulations will be made but I appreciate that, with this amendment being laid in this House as well as in the other place, there continues to be concern that regulations will not always be made. I have reiterated the Government’s commitment to making regulations today but will also reflect before Report on whether the primary legislation should be more explicit on this point.
Amendments 5 and 8 seek to ensure that the regulations defining coasting are subject to the affirmative resolution procedure each time the regulations are changed. As I have said, we published comprehensive draft regulations in June so that Parliament could understand and scrutinise our proposed approach. From these draft regulations, the House will be aware that the proposed approach relies heavily on references to the department’s performance tables which capture schools’ performance data, as well as defining the specific coasting bar which applies in each year.
Results for primary and secondary schools are published at two different points each year, which might necessitate changes to the regulations as national performance standards change. The performance tables are also technical in nature and so, if minor changes are made to their layout or content, this may also necessitate minor, consequential amendments to regulations. A change as small as a revision to a column heading in the performance tables would require a change to the regulations. Similarly, if the department were to change or merely update the published guidance regarding the calculation of Progress 8, for example, the regulations would again need to be updated. Requiring the consent of both Houses each time such changes were needed would seem an excessive use of Parliament’s time. We already publicly consult, however, when significant changes are made to accountability systems—for instance, as we did on the new measures coming in in 2016. I reassure noble Lords that, if major changes to the accountability system underpinning the coasting definition were proposed, such public consultation would therefore happen again.
I hope that, having seen the detailed illustrative regulations, as well as hearing my explanations today, Peers will understand why it would be very difficult to subject the regulations to the affirmative procedure each time a change is needed. I do, however, appreciate the concern of noble Lords who have tabled these amendments, as well as the concern of the Delegated Powers and Regulatory Reform Committee that due process should be followed. I will therefore reflect if there are any further reassurances that I can make on this point at Report. I hope that I have been able to
assure noble Lords that we take their concerns very seriously, and I therefore urge the noble Lord to withdraw his amendment.