My Lords, I start with an apology. Many of your Lordships started by saying that your remarks would be brief, but I apologise that mine may be rather longer. I know your Lordships will understand why, and I also say how much I appreciate the kind and generous comments that so many of your Lordships have made about my work on the Bill.
Starting with whether Clauses 1 to 18 and Schedules 1 and 2 should stand part of the Bill, I said in my letter of 30 June how seriously the Government take the views of the House and its Committees, and that is why we support the removal of Clauses 1 to 18 and have tabled the removal of Clause 2 and Schedules 1 and 2.
Before I speak about the policy behind the clauses, I confirm and shall elaborate on, as a number of your Lordships have asked me to do, our plan to develop new clauses. We will work closely with the sector and parliamentarians over the summer with the intention of developing a revised approach to the academy trust standards. I have had a brief conversation with the noble Baroness opposite about how the Opposition Front Benches want to be involved in this, but I extend my earlier invitation. We will take whatever time is needed to engage with your Lordships and those whom you believe it is important for us to talk to, but I ask your Lordships first to look at the information we have already posted on GOV.UK, and I shall set out in a letter a little more about our intended engagement plans, so that we use everyone’s time as intelligently as possible.
I am pleased to inform the House that we held the first meeting of the external advisory group, which I chair, last week and we began discussing these important matters. On my noble friend’s question about the terms of reference for the group, they are on GOV.UK, as is its membership. Its purpose is set out and the inbox for anyone wishing to contribute to the review is also there. I shall make sure that all those details and the links are included in my letter to your Lordships following this debate. We are planning an intensive programme of engagement with the unions and leaders of schools of all types, both multi-academy trusts and maintained schools. We have already started talking to a number of key system thinkers in the field and, importantly, a number of representative bodies, including, of course, the Churches. The interim findings of the review will inform a revised legislative approach to the academy standards.
I turn specifically to the amendments tabled by the noble and learned Lord, Lord Judge, my noble friend Lord Baker, the noble Lord, Lord Addington, and the noble Baroness, Lady Chapman, which seek to remove Clauses 1, 3 and 4; and to the amendments in my name, which remove Clause 2 and Schedule 1 and make consequential changes to the Bill. I acknowledge that they are the correct response to concerns about both the drafting of the clauses on academy standards provisions as they stood on the introduction of this Bill
and the breadth of the delegated powers that were proposed. The Government are supporting these amendments at this stage to secure time to engage with the sector and relevant stakeholders, and to reconsider how best to implement the policy intent behind these measures in legislation ahead of Committee in the other place.
Furthermore, in response to the Delegated Powers and Regulatory Reform Committee’s recommendation, we are determined to use this summer’s review to find a way that meets our policy objectives without the need for the Henry VIII power originally sought through Clause 3. The Government remain firmly committed to a fully trust-led school system; to enable this, we are still clear that changes are needed to the way the school system is managed. My noble friend Lord Lexden referred to the Government’s manifesto, but I would also refer him to the schools White Paper, where we set out clearly our plans in relation to this.
We need to establish a statutory framework that enables effective, risk-based regulation and ensures that the same minimum standards are applied consistently across all trusts. By defining the scope within which the Government can set standards, we will be able to protect the core academy freedoms from being amended by the regulations. We want to provide clarity for the academy sector about the limits of the Secretary of State’s powers to make decisions on its behalf, as well as sending a strong signal to the wider school sector about the Government’s commitment to moving to a fully trust-led school system in which all schools can benefit from being part of strong multi-academy trusts. The examples given by my noble friend Lord Harris were wonderful; I look forward to the next conference.
The intention behind the drafting of these clauses was to take an important step towards securing the permanence of that system and to bring clarity to the limits of the Secretary of State’s powers. Although Clause 1 was intended to reduce the complexity of the regulatory landscape by bringing existing requirements into one set of standards, I recognise the concern that, as drafted, the clause would allow a Government to go beyond these intentions. The Government’s aim is not and has never been to centralise power over academies or undermine their freedoms.
As my noble friend Lord Agnew elaborated on, we know that the best academy trusts use their freedoms to transform outcomes for pupils, particularly the most disadvantaged, and deliver improvement in schools and areas where poor performance has become entrenched. We do not believe that great trusts are made through lists of standards and regulations, and we do not intend to micro-manage or further centralise power over them. Rather, we want to simplify the regulatory framework for academy trusts, seeking opportunities for deregulation where it is appropriate to do so. Our intention is to bring back a revised power that makes the limits on the Government’s powers crystal clear. I wish to provide certainty that we will protect the fundamental freedoms to which my noble friend Lord Agnew referred.
Through our work to develop revised clauses, we will seek to establish the principles on which the academy standards will be based and ensure that any
delegated powers sought provide a more clearly defined and constrained regulatory approach. Through these reforms, we are committed to creating a regulatory environment that enables the best academy trusts to drive system-wide improvement through innovation and best practice while ensuring that all academy trusts meet the same minimum standards, providing fairness and consistency for all. I will now turn to the remaining amendments relating to Clause 1.
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Amendment 1, in the names of the noble Lords, Lord Hunt and Lord Blunkett, and Amendment 2, in the name of the noble Lord, Lord Hunt, are intended to ensure that every academy has a parent council and a policy on parental and community engagement. I assure the noble Lords that we recognise the important role of parental and community engagement. Each academy trust, through its funding agreement, has an existing duty to ensure that each of its academies is at the heart of its community, promoting community cohesion and sharing facilities with other schools, educational institutions, and the wider community. The Governance Handbook contains guidance on parental and community engagement. Academy trusts are best placed to decide what engagement methods work best in their local context.
Amendment 3, also tabled by the noble Lord, Lord Hunt, would require the Secretary of State to make regulations requiring each multi-academy trust to set out the responsibilities to be devolved to the local governing body. We will discuss with the sector how to implement local governance arrangements for schools in all trusts, as we set out in the schools White Paper. I am sure that your Lordships understand that we do not want to pre-empt the outcome of those discussions.
Amendment 5, in the names of the noble Baronesses, Lady Chapman and Lady Wilcox, presents a revised version of the academy standards clauses. While the noble Baronesses have included a list of the areas for which the regulations can make provision, I am sure that, as the noble Baroness, Lady Chapman, reflected, they will understand that the Government think it right to await the outcome of the first part of the regulatory and commissioning review so that the revised clauses can be informed by its findings and our engagement with the sector.
Turning to subsections (3) to (5) of the new clause proposed by the amendment, the Government have no intention of increasing the regulatory burden on the academy sector. We will work closely with sector representatives over the summer on this point. We expect that the first set of academy standards will largely reflect existing standards and requirements placed on academy trusts. It is the responsibility of the academy trust to ensure that the standards are met in full within the trust. Finally, I can confirm that every iteration of the regulations will be subject to the affirmative procedure in Parliament.
Responding to the point raised by the noble Baroness, Lady Chapman, and the noble Lord, Lord Grocott, in relation to the role of the local authority in admissions, we have tried to set out our plans but perhaps we need to repeat and reinforce what we said in the White Paper. Local authorities will remain responsible for
delivering the right number of school places in their area and will continue to play a central role in fair admissions, particularly for the most vulnerable children. We will consult on local authorities co-ordinating all applications in year as well as for the main round of admissions, which was a point raised by the noble Lord. We will also consult on strengthening the processes by which vulnerable children are found and secured a school place quickly, whether that is in mainstream or alternative provision, which will include a new, limited local authority power to direct academies to admit a child on those rare occasions where the normal collaborative routes have been exhausted. I hope that gives some context. I mention it to underline the point that the Government and my very able officials in the department are really prepared to go through all these important points of detail with your Lordships to ensure that we are debating the points where we really disagree, rather than the ones where, hopefully, we are on the same page.
The Government acknowledge the concerns that have been raised on the academy trust termination and intervention powers in Clauses 5 to 18 and Schedule 2. Those clauses are intended to provide a proportionate and transparent framework for intervention in under- performing academy trusts. However, I recognise that there are concerns in the House that the powers could be used disproportionately, particularly to enforce the new standards. These concerns are reflected in amendments which have been tabled by my noble friends Lord Baker, Lord Nash and Lord Agnew to oppose these clauses standing part of the Bill.
We are supportive of these amendments, and I have tabled an amendment to remove Schedule 2 to complete their effect. The overarching aim of these provisions is to put in place a ladder of intervention, enabling the department to address issues at the earliest opportunity in a proportionate way, rather than having to rely on termination powers. We are committed to putting in place a regulatory framework which enables the department to act where necessary to ensure academies meet the minimum standards that the Government and parents expect of them.
I believe the concerns about Clauses 5 to 18 are different in their nature and extent to those about Clauses 1 to 4, and I want to be clear that our approach to the intervention and termination provisions will, in general, be maintained. I am grateful to your Lordships for the thoughtful scrutiny of these provisions and I look forward to engaging with members across the House as we bring forward revised measures.