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Education and Skills Bill

moved Amendment No. 21: 21: Clause 22, page 12, line 21, leave out paragraph (a) and insert— ““(a) particulars of the contravention of section 21 in respect of which the penalty is imposed,”” The noble Baroness said: My Lords, I welcome the careful scrutiny that the Select Committee on the Constitution gave to the Bill. I also welcome the Committee’s detailed and helpful comments on the duties on employers, the related sanctions and the rights of objection and appeal which were set out in a letter from the noble Lord, Lord Goodlad, to my noble friend Lord Adonis on 11 June. The Government agree that it is extremely important that fair procedures are followed. My noble friend undertook in his reply to the letter to consider whether there was a need to strengthen the provisions in the Bill to make it clear that employers will be able to challenge a decision by a local authority to take enforcement action and that there is a satisfactory appeal route. We have considered this matter carefully and are today proposing amendments that provide for employers to object to a fixed-penalty notice in the first instance and to appeal against such a notice to the first-tier tribunal in the second instance. As we have discussed previously, the enforcement powers that local authorities have in relation to employers will be used only as a very last resort and will always be preceded by informal engagement with employers to ensure that they understand their duties and are given the chance to put right the situation voluntarily. We will develop clear guidance in conjunction with employer organisations during the next five years to ensure that employers fully understand what is expected and do not risk facing enforcement action. However, should the enforcement provisions need to be used, it is important, as I hope that noble Lords will agree, to make it clear that employers have the rights of objection and appeal that I set out. I therefore hope that noble Lords will support the amendment. I beg to move.