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Education and Inspections Bill

My Lords, I am most grateful to the Minister for his not unexpected reply, and I am grateful too to the noble Lord, Lord Judd, for his support. The Minister asked why we want to put this duty on local authorities. It is because this Bill puts a duty on local authorities to identify those children not receiving an education. What therefore follows to us poor logical souls is that one should also make it clear whose duty it is to ensure that the child’s right is secured. Of course the parents and the Secretary of State have responsibilities. Those are clearly stated in other pieces of legislation. Indeed, local authorities have a number of levers and sanctions in order to assist them, to make sure that the parents fulfil their part of the bargain. But it is because of something elsewhere in the Bill. We felt it necessary to bring forward the amendment today. The Minister says that in Scotland the situation has not been challenged legally—that there are no legal cases. Well, QED, say I. That sounds to me as if it is quite clear and not causing any problem. That is why there are no cases. We feel very strongly about this. It is absolutely fundamental. We believe that it should be stated right up front in the Bill. We would like to test the opinion of the House. On Question, Whether the said amendment (No. 1) shall be agreed to? Their Lordships divided: Contents, 65; Not-Contents, 157. Clause 7 [Invitation for proposals for establishment of new schools]: