My Lords, Amendment 14 replicates the current agreements that local authorities and churches have about the membership of interim executive boards of church schools. This amendment has been put forward partly as a result of representations made to us by the Catholic Education Service, which is worried that powers that are now very rarely used by the Secretary of State will become much more widely used by the regional schools commissioners and that the regional schools commissioners may, unknowingly, cut across existing working practices with local authorities. In written evidence to the Commons Public Bill Committee, included in a briefing to us, it wrote:
“We are concerned that the powers given to the new RSCs may cut across existing working practice. Local authorities and Department for Education officials who currently make decisions
about school support understand the dioceses’ legal duties to preserve and develop the Catholic character of their school … In particular we are concerned about new powers granted to RSCs under Section 5 of the Bill. Usually an IEB is put in place following discussion between the local authority and the diocese, with carefully considered agreements as to its operation, including in relation to its members. To do this the diocese and local authority agree a memorandum of understanding … This enables the school to continue to comply with its trust deed through a Church appointed majority on the IEB”.
Should the regional schools commissioners intervene and appoint their own members to an interim executive board without regard to the church-appointed majority, the Catholic Education Service says that the school might then cease to be a Catholic school. Once a school is no longer recognised as Catholic by the bishop, it is no longer complying with its own trust deed, presumably forcing the closure of the school that ultimately undermines the intention behind an interim executive board, which is to prevent the closure of the school, as well as to bring about the necessary improvements. I beg to move.
5.30 pm