Clause 49 - Exclusion of pupils
Education Bill
2:30 pm
Mr Andrew Turner (Isle of Wight, Conservative)
I thank the Minister for his words. One of his hon. Friends was right to say that I was embarrassed to hear what he was saying this morning, but I am glad that what he was saying has not transpired.
Amendments Nos. 143 and 144 are significant because they would restore most of the clauses from the School Standards and Framework Act 1998, which the Bill will otherwise remove. The Government accept the status quo and are saying, in effect, that it is better to have a clear status quo than to have shifting sands. In common with much of the Bill, the problem
with what the Government propose on exclusions is that it presents schools with the danger of constant changes to the rules on exclusions.
The Government have done that because from time to time court cases and other proceedings decide that the law was not exactly as they thought it was. In some cases, the law was not as anyone thought it was until an especially enterprising lawyer came on the scene. I accepted that in amendment No. 148, which would insert the most recent set of reasons why the Government have proposed that the statutory regime should be more flexible. I accept that it is important that a panel that is constituted in accordance with the law should be able to take account of the interests of the whole school community. I also accept that a defect in procedure should not invalidate a decision to exclude a pupil, and that the Secretary of State should be able to make further amendments to the framework to assist head teachers to maintain discipline. I do not accept that the whole structure should be taken out of the law and put into regulation, which is what the Government are seeking to achieve.
Although it might appear to the contrary, amendment No. 145, which would delete clause 49(1), does not have the effect of preventing head teachers from excluding pupils, because amendment No. 148 would reinstate section 64(1) of the School Standards and Framework Act 1998. I will not trouble the Committee at great length, but we are all familiar with the question whether the framework should be in the Bill and the details should be in the regulations, or even whether little of the framework should be in the Bill and most of it in the regulations, which is what the Government seem to be proposing.