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Education and Inspections Bill

It should be permitted, but whether it is advisable for the Government to propose such an amendment at so late a stage is questionable. We need to be clear what the Lords amendment will do in relation to head teachers. It is my understanding that there are 2,639—or thereabouts—voluntary controlled primary and secondary schools, which are able to make up to 20 per cent. of their teaching staff, not including the head teacher, reserved teachers, in the words of the 1998 Act. Those reserved teachers are subject to section 60(5), because section 60(3) states clearly that section 59(2) to (4), which are protections against discrimination,"““shall not so apply in relation to a reserved teacher at the school””—" that is, a school that has a religious character—"““and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.””" All those provisions do apply. In reply to my intervention and that of the hon. Member for Amber Valley, the Minister made it clear that if two candidates for a head teacher post apply and both are able to teach religious education, the governing body is allowed, if it wishes, to appoint the generally less qualified one if it decides to make a faith test apply. The Minister told me that informally, he repeated it earlier in the debate and I see him confirming it now. That cannot be right. In defence of that position, the Minister said that voluntary controlled schools are not dominated by the faith interest of the foundation because it does not have a majority of governors. However, as he knows, governors form coalitions. There will be a significant minority of governors from the faith interest, designed to ensure that the instructions of the diocese or its equivalent are followed, and a number of parent governors who are likely—especially if the school draws from one religious population—to be of that religion. In addition, there are teacher governors. So it will not be a surprise if there is a majority of governors, albeit in a school that is 100 per cent. funded by the state in capital and running costs, who decide to use the permissive power that they have been given and which they have asked for.