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Education and Skills Bill

My Lords, in Committee the Minister raised the issue of good attendance while addressing Amendment No. 12, and we on these Benches agreed that it seemed inconsistent to list on the face of the Bill only some of the institutions that are to have a duty to promote good attendance but not others. When the Minister responded on this point, he made a somewhat less than watertight argument against the need to accept the amendment. He said that the city technology colleges, "““and the one city college for the technology of the arts are, without exception, successful schools with very high levels of ""post-16 participation from committed pupils with good attendance and behaviour, so we do not think it appropriate to extend the statutory duties to them””.—[Official Report, 3/7/08; col. 402.]" That raises two points. First, I am sure that some if not all of the institutions listed in the Bill will be dismayed by the implication that they have been included because they are unsuccessful schools with uncommitted and poorly behaved pupils; in other words, they cannot be trusted in the same way as the Government’s handpicked favourites. I hope that that is not the message that the Government wish to send out. Secondly, the exemption from being placed under a statutory duty seems to be based on a potentially ephemeral criterion. These colleges are successful now, and their current crop of students is currently committed, but will that always remain the case? What will happen if that fortunate situation changes? I can see the loophole in that argument opening up before our eyes. I am sure that the noble Lord, Lord Adonis, merely used a poor choice of words to express himself. However, the noble Baroness, Lady Walmsley, is right to seek clarification. I agree with her that the two words ““and reasonable””, which would be inserted by Amendment No. 13, would improve the drafting of this clause. It may seem a trifling point. However, as my noble friend Lord Lucas said when he spoke in favour of the amendment in Committee, simply asking the local authority to do what is possible is not practical in a technical sense. A local education authority could go to any number of lengths to establish the identities of those who are not complying with the duty; but not all will be feasible. It is right that there should be a duty for local education authorities, but it must be reasonable and practical.