Clause 40 - Power of Secretary of State to set
Education Bill
6:00 pm
Mr Graham Brady (Altrincham and Sale West, Conservative)
You ask too much of me, Mr. Griffiths. I shall deal with the second couplet first. Amendment No. 266 is a probing amendment to establish what the Minister thinks about the role of the schools forum, and the scope of its activities and role in advisory matters. In particular, it would extend the advisory role of the schools forum beyond what Ministers have in mind, which they say will inform decisions taken by local authorities. It would require that, under new section 45B, if the Secretary of State exercised the power to set a minimum schools budget for the LEA, he, too, should have regard to the views of the schools forum. I do not wish to labour the point. Why should the schools forum have a valued role in advising the local education authority on budgetary measures if it does not have the competence to advise the Secretary
of State on schools funding matters that relate to the locality?
Amendment No. 270 was tabled to tantalise the hon. Member for Harrogate and Knaresborough, and he will be disappointed to know that it, too, is probing. It does not go anywhere near proposing the establishment of a national funding formula, which is what he would like, but it would set out a backstop on which schools could rely to provide a minimum share of the schools budget for each school or category of school. The way in which it would do that may not be close to Ministers' hearts. The Bill gives the Secretary of State unfettered discretion to decide on a minimum share, whereas the amendment would establish a formula by which a minimum budget share could be worked out.
I want to draw out the Minister's thinking on the overall level of the schools budget for an LEA area, and find out whether an important part of the ministerial decision-making process concerns the way in which that money is spent and divided between schools. Our earlier exchanges, which related to the timetabling for the decision-making process, might lead us to assume that he thinks that Ministers have an interest only in a global figure for a schools budget, but I want to draw out his thoughts a little further.
I now turn to the couplet that I suggested is more important. I am falling over myself to be helpful to Ministers and am offering them an à la carte menu. I am confident that they will accept the power of my argument that one or other of the amendments should be accepted. I leave it to them to decide which, and am happy to withdraw either if given appropriate assurances.
Amendment No. 193 is my preferred amendment. It would shift the definition of criteria for intervention away from the incredibly wide discretion that is allowed in new section 45B(1). The amendment would change that definition from what appears to be an entirely subjective decision-making process for the Secretary of State to fixed, transparent criteria that are agreed by affirmative resolution of the House. That would be not only of assistance to Ministers, who would not be in the invidious position of having to arrive at an entirely subjective decision on what might be a controversial matter, but of enormous benefit to local authorities. Instead of waiting for the Secretary of State to pronounce on whether their schools budget was adequate or inadequate, they would be able to consult using the clear published criteria, which would have been agreed following debate in this House. They would be able to ascertain Ministers' thinking, as they would be required to argue the case for their criteria. Local authorities would also be able to consult the regulations, and have certainty as to the likely treatment of a proposed budget settlement put to Ministers.