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Education and Skills Bill

My Lords, first, I apologise to noble Lords who did not receive a copy of my noble friend Lord Adonis’s letter to the noble Lord, Lord Elton. I am not sure why it did not get to other Members who participated in Committee. I shall ensure that that letter is circulated. On the points on the use of the language to which that letter referred, we agree that we should limit the burdens on local authorities in general. Clause 12 forms a key part of the local authorities’ overarching duty to promote participation. It is clear that, for a local authority to fulfil its duty of promoting participation, it will need to know who is not participating and what is being done to re-engage them. If the amendment were accepted, it would weaken that duty on local authorities and could lead to them failing to provide the necessary support to help some young people re-engage. While Clause 12 would require the local authority to go beyond what is merely reasonable, we intend to make clear in guidance the kind of arrangements that, if made, would be taken to satisfy the duty; that is exactly what the noble Baroness was asking about. There will be guidance to help local authorities understand exactly what is expected of them. However, I also suspect that the difference between our interpretations of the use of this language is not as great as it seems. While many of us in this House are familiar with the term ““reasonable”” in legislation, as opposed to ““possible””, I assure noble Lords that there are in excess of 200 examples on our statute books of the phrase in question. I have not counted them, but I am advised that this is the case. While there may be a fine distinction between the terms, an interpretation of what is possible—I cannot believe that I am saying this—would also encompass what is reasonable. Altering the wording as proposed in Amendment No. 13 would give the wrong impression to local authorities on the importance of the duty. We are concerned that suggesting that local authorities should not use their best endeavours would downplay the pivotal importance of identifying young people who have fallen out of the system. On Amendment No. 12, I have received advice to reiterate strongly the words of my noble friend in Committee. He said we are requiring academies, through their funding agreements, to have regard to the same guidance as maintained schools on improving behaviour and attendance. I am hearing an impassioned plea that I should perhaps expand on those words in a more demanding fashion. I heard very clearly the words of the noble Baroness, Lady Walmsley, and my noble friend Lady Morris that this House wishes to hear in a convincing tone our commitment to making sure that the Bill is there to benefit all children; that is exactly what we seek. I would be very happy, if given the opportunity, to come back and attempt to do that again for noble Lords.