Proceeding contribution from Lord Peston (Labour) in the House of Lords on Wednesday, 14 September 2011. It occurred during Debate on bill and Committee proceeding on Education Bill.
Education Bill
My Lords, I have been reading a lot recently about ambiguity in legislation and the problem of its interpretation. I find this section of the Bill potentially extremely ambiguous. Indeed, whoever drafted this section was perfectly well aware of that because the sentence which we are asked to omit includes the words, "““the appropriate religious body””." If you then read on further to subsection (5), there is no doubt that, in the case of the Church of England and the Roman Catholic Church, the appropriate religious body is well defined—it can be done. It must suddenly have dawned on whoever drafted this provision that in the case of almost all the other religious schools, there is no appropriate religious body. If we take a Jewish school, a number of multifarious bodies might claim to be the significant body for Jews—certainly, it would not be the Chief Rabbi who has only a bit of the orthodox Jewish community as there are lots of other bits. I would not be at all surprised in the case of Muslims or Islam, whichever way you look at it, that, again, there would be a great many bodies which would all claim to be the appropriate religious body. Therefore, this bit of the legislation is just plain wrong. It needs to be taken away by the Minister and redrafted no matter what happens with the amendment in the name of the noble Baroness, Lady Murphy. I am clear that whoever drafted it knew this at the time that this was written. I do not think that the Minister can get away from this at all.
Secondary information
- Type
- Proceeding contribution
- Reference
- 730 c237GC
- Session
- 2010-12
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Apprentices Classroom assistants Land Education Faith schools Qualifications Standards Teachers Training Religion VAT Travellers Distance learning Academies Young People's Learning Agency Free schools Maintained schools
- Legislation
- Education Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2023-12-15 21:10:55 +0000
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