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Further Education and Training Bill [HL]

I support Amendment No. 43 in particular. It surprised me to read in Clause 17(6)(a) that a governing body may be directed to dismiss such members of staff as may be specified. That is going below the principal. I find it astonishing that an outside body should have the knowledge and competence to look below the principal and identify such fault that it could direct a governing body, notwithstanding consultations that should have taken place, to take this action. I should have thought that if such a person were dismissed, good arguments could be made for wrongful dismissal. By implication, if the principal and the governing body were not prepared to dismiss him, they did not think that he should be dismissed. As the noble Baroness asked, who bears the responsibility? But to go below the principal is to me amazing. The point about the principal I begin to understand, but it concerns me. Below the level of principal, that could not happen. I agree with Amendment No. 44 that the next stage would be to issue a letter to the governing body and require it to respond. If there were a residual power to dismiss, the principal would have a strong case to argue before an arbitration tribunal that those who were his employers and knew him best disagreed with the decision. Furthermore—and speaking as a former chairman of more than one funding body—I am concerned that sometimes the principal may be strong-minded, a pain somewhere or another, and if he does not have the confidence to stand up, the well-being of the institution and its management will be damaged. It may be that men and women are afraid to make themselves unpopular because if their college enters a period of less-than-desired performance, they will be particularly vulnerable. I do not dissent from the view that this is a difficult situation. When I read Clause 44, I say yes, but what if the governing body is still resistant? There must be a sanction somewhere. The answer may be that since the responsibility is vested in the governing body, it is a question of the resignation of its chairman rather than dismissal of the principal because he represents the employer. It is surprising that the power, which is wide-sweeping, goes down to any member of staff. It is repugnant that an outside body should have such power in relation to any member of staff. I am therefore deeply disturbed about this subsection.