I think we have the power to bring forward directions to the local authority and, eventually, I guess that we could go to court. But I shall write to the noble Lord to clarify that point.
I am grateful to the right reverend Prelate the Bishop of Ely for his supportive words about our Amendment 20. As I said, the Church of England is very skilled in community cohesion, and I take great comfort from his support for our proposals for communicating with parents. I also take this opportunity to say more about my assurances about how we will ensure that the religious character of a faith school will be protected when any interventions are necessary. The Government are firmly committed to enabling schools with a religious character to protect and sustain their ethos. There are already provisions in the law that ensure that, when a school with a religious character requires intervention, the religious character will be protected. When a faith school becomes an academy, it retains its religious character by virtue of Section 6 of the Academies Act 2010. The academy’s religious character is protected through provisions within the academy’s funding agreement with the Secretary of State and the academy trust’s articles of association.
When a Church of England school joins a non-faith led trust, we intend to insert the following within the trust’s articles of association: a faith object, which requires the trust to ensure that the Church of England character of the church school is maintained; an entrenchment clause that requires written consent of the diocese for changes to articles relating to the maintenance of the church school’s religious character—for example, those relating to the local governing body of the church school and appointment of staff; a requirement that members and trustees are appointed to provide proportionate diocesan representation on the MAT; and a requirement on the MAT to establish an LGB and for the creation of a scheme of delegation relating to the religious character of the school, agreed between the MAT and the diocese. The supplemental funding agreement for the church school will include a clause requiring the establishment of a governing body with the purpose of honouring the characteristics and ethos of the school. The master funding agreement for the MAT will also include a clause to prevent the MAT amending articles relating to the church school’s governing body and the scheme of delegation. A provision within the church supplemental agreement will ensure that the MAT cannot make amendments to the articles as they relate to the governing body of the church school without diocesan consent. This will agree the best academy solutions for any failing church schools, and we are reviewing and updating the non-statutory memoranda that set out the roles of dioceses and RSCs as they relate to the academy programme, to reflect the changes in this Bill and the wider evolving policy landscape. We expect that regional schools commissioners will work closely with dioceses. We will ensure that the RSCs will comply fully with the terms of the memoranda, and we support diocesan directors of education in upholding those terms.
Finally, Amendment 27 proposes that the education provisions of the Bill will be repealed after being in force for five years. The Government are focused on driving up standards of education in this country and giving children the best possible future. The Bill is an essential part of that; it will ensure we have the necessary powers to swiftly tackle underperformance, but it will
also ensure that underperformance can be tackled whenever it occurs. It addresses not only schools that are failing right now, but will also ensure that any schools that slip in future will get the support and challenge they need to improve. The Government’s ambition is for every school to become an academy. Until the point when all schools have become academies, it will be necessary to have powers that allow swift and robust intervention in maintained schools that are causing concern, therefore it is right that we have the powers and duties introduced by the Bill for the foreseeable future.
What is in question here is a fundamental undermining of this Government’s commitment to drive up standards of education. It is not in the spirit of this House’s role to make legislation with a built-in expiry date, and I do not consider it necessary in this case. If and when we reach a point where all schools have become academies, we will of course consider what legislation it is necessary for us to repeal, at that time. We will, anyway, review and report on the impact that these provisions are having through the academies annual report, which the Academies Act 2010 requires us to produce—or, if in five years’ time this House does not consider the provisions in this Bill necessary, as this amendment specifically anticipates, for whatever reason, this House should have a full and thorough debate on that matter in five years’ time. I do not want to see noble Lords tie our hands on this matter now through this clearly inflammatory amendment. Amendment 27 is not only unnecessary but not in keeping with the long-standing principles of this House, and I urge the noble Lord to withdraw it.
Following this debate, I hope that the noble Lords will appreciate that we have listened to concerns here and will support our government amendment and the right balance it achieves between decisive and clear action, while ensuring that parents are informed. I therefore hope that the noble Lords will support my amendment ensuring communication to parents and would urge the noble Lords not to press their other amendments.