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Education and Inspections Bill

We will certainly seek to define the matter as carefully and closely as we can in regulation. I agree that it would not be desirable to rely on the tribunal process because of the problems that some people would have in taking a case, especially if they were not members of a trade union. However, it is important that that sanction exists, so that it can be used if governing bodies make the wrong judgment about genuine occupational requirement. I hear what my hon. Friend says about the trade unions, but I have received letters today from various unions. Brian Strutton, the national secretary of the GMB, says:"““Your assurances are welcome and I look forward in particular to engaging in work on further regulations and guidance to set out the limits to these powers in the way that you suggest.””" Christine McAnea from Unison says:"““I welcome your assurances that this will not lead to discrimination against current and future school support staff on the basis of faith, and I look forward to working alongside the government to put in place the regulations and guidance to ensure that this is the case.””" We look forward to doing that with the trade unions, to ensure that we go forward on a consensual basis. We will revise the school staffing regulations to include the new provisions relating to the employment and dismissal of support staff in voluntary aided faith schools. They will be cross-referenced with the employment regulations and the genuine occupational requirement provisions. We will also include strong guidance in the statutory staffing guidance as to what genuine occupational requirements are, and the circumstances in which they apply. I repeat that no existing staff will be affected by either of the proposed changes. Our transitional provisions will state that the amendment to section 60(6) of the 1998 Act does not apply to any individual in post on or before the commencement date—that is, that such individuals may not be discriminated against, even in the event of a reorganisation. It will not be lawful to discriminate against any member of support staff at the date of commencement of the new provisions.