Clause 62 - Academies
Education Bill
10:30 am

Mr Graham Brady (Altrincham and Sale West, Conservative)
I thank you for your guidance, Mr. Griffiths.
The amendments and the new clause are simply to probe the Government's thinking. They seek to obtain an explanation as to why, on the establishment of additional schools or academies, the Minister once again, deems it to be necessary for sole discretion to be in the hands of the Secretary of State. Clause 62(1) states:
''482 Academies
(1) The Secretary of State may enter into an agreement with any person under which—'',
and in subsection (4) we learn that the Secretary of State must consult but
''shall make any payments dependent on the fulfilment of—''
conditions imposed. Of course, those conditions are imposed by the Secretary of State. The whole import of the clause turns entirely on ministerial discretion.
The contention of the amendments is that there are circumstances, other than ministerial whim or diktat, whereby the need for additional schools or academies may be accepted.
The amendments and the new clause consequent on them propose a transfer in the balance of power. Amendment No. 476 would add a provision about parental demand. Its point about parents in the locality wanting additional schools or academies is picked up by amendments Nos. 477 and 478. New clause 7 effectively seeks to set conditions that would require the establishment of new schools or academies. At the least, it would set out a process that would be more automatic and transparent, and would again take some discretion away from Ministers. It seeks to provide a clearer process for the establishment of schools and academies where there is a need or demand for them.
The amendments are intended to be probing so as to draw out the Minister's thinking, and we will be interested to hear what that may be.
