---

Education and Inspections Bill

The hon. Gentleman knows well, as will any Member who chooses to read the Hansard report of the full arguments in Committee, how seriously the Government take discipline in schools. That is demonstrated by all the measures on discipline in the Bill, which will really move things forward so that every child in the country can have a secure experience of school. Those powers will liberate teachers to exercise discipline without having to resort to common law. I ask the hon. Gentleman to withdraw his new clause— It being Ten o’clock, Mr. Deputy Speaker put forthwith the Question already proposed from the Chair, pursuant to Order [this day]. Question put, That the clause be read a Second time:— Amendments made: No. 58, in page 64, line 36, leave out from ‘measures,' to first ‘to' in line 38. No. 59, in page 65, line 8, at end insert—"‘( ) The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 82).'." No. 60, in page 65, line 10, after ‘measures' insert ‘to be'.—[Jim Knight.] Amendments made: No. 61, in page 71, line 37, at end insert—"‘(3) In subsection (2), ““prescribed”” means prescribed by regulations made by the appropriate person under subsection (1).'. .—[Jim Knight.]" Amendments made: No. 62, in page 74, line 5, leave out from ‘offence' to end of line 6 and insert—"‘(3A) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable justification for his failure to comply with the duty imposed by subsection (2).'.—[Jim Knight.]" Amendments made: No. 63, in page 77, line 39, leave out from beginning to ‘insert' in line 40 and insert—"‘(1) In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit ““without reasonable justification””.""(2) After that subsection insert—""““(1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.””""(3) In subsection (2) of that section, for ““(3)”” substitute ““(2A)””.""(4) After subsection (2) insert—""““(2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.””""(5) In subsection (3) of that section—""(6) In subsection (6) of that section, for ““the parent shall be acquitted if he proves”” substitute ““it is a defence for the parent to prove””.""(7) In subsection (7) of that section, for ““at a time when he was not”” substitute ““unless the parent proves that at that time the child was””.""(8) After that subsection'." No. 64, in page 78, line 24, at end insert—"‘(9) In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for ““the parent shall be acquitted if he proves”” substitute ““it is a defence for the parent to prove””.""(10) In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from ““unless”” to the end substitute ““unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996””.'." No. 65, in page 78, line 24, at end insert— ‘(11) The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.'.—[Jim Knight.] Further consideration adjourned.—[Huw Irranca-Davies.] Bill, as amended in the Standing Committee, to be further considered tomorrow.