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Education and Inspections Bill

Clause 37 was tabled by the Government at Lords Report stage of the Bill in response to amendments withdrawn during Lords Committee by the right reverend prelates, the Lord Bishops of Peterborough and of Southwell and Nottingham. Let me be absolutely clear that we are not increasing the ability of faith schools to discriminate in the employment of their staff. Clause 37 addresses the increased restrictions that have been an unintended consequence of work force reform. Subsection (1) allows the head teacher of a religious foundation or voluntary controlled school in England and Wales to be a reserved teacher—that is, appointed specifically to teach religious education in accordance with the tenets of the school’s specified religion. Religious foundation and voluntary controlled schools should have the same flexibility as that currently enjoyed by voluntary aided schools, namely, the ability to appoint a head teacher specifically to teach religious education at the school, as well as to carry out their duties as a head teacher. Such flexibility is particularly important in small primary schools, where the existing restriction is unnecessarily burdensome. Should a voluntary controlled school chose to appoint the head teacher as a reserved teacher, that appointment will count towards the one fifth of the teaching staff that are permitted to be appointed as reserved teachers, and hence there is absolutely no increase in discrimination.