Clause 191 - Partnership agreements and statements
Education Bill
3:00 pm

Mr Andrew Turner (Isle of Wight, Conservative)

The clause appears to be very widely drawn and allows the National Assembly for Wales to alter completely the balance of responsibilities between school governing bodies and local education authorities from the settlement in the Education Reform Act 1988 that was substantially re-enacted in the Education Act 1996 and the School Standards and Framework Act 1998. My remarks may relate better to the next clause, but may save us debating that clause. The clause will also alter the power of parents to express a choice of school for their children. Will the Minister clarify whether the powers have the effect that I fear they have?

Mr Don Touhig (Parliamentary Under-Secretary, Welsh Office; Islwyn, Labour/Co-operative)

I refer to my remarks on the previous clause, in which I stressed the importance of giving information so that parents can make proper choices about where their children are educated. The clause enables the National Assembly to make regulations that require any LEA in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each school of a prescribed class. The agreements will be about how the LEA and the governing body of a school discharge their functions in relation to the school in such matters that may be prescribed and other matters that the LEA and the governing body may agree should be prescribed. It is necessary to sustain and enhance existing partnership working between the LEA and the schools maintained by that authority in that way, so that both parties can work together effectively to promote high standards of education in those schools.

We envisage that the partnership agreements will set out the procedures that the LEAs and schools should adopt to establish agreed common objectives for pupils' educational progress, the actions that the authority will take in exercising its functions, such as visits by advisory staff, and action to be taken to ease the transition of pupils between phases of education and schools. The regulations may provide for review of the agreement and for a deadline by which the LEA or governing body may comply with any requirement imposed by the clause. The clause also enables the LEA to draw up a statement setting out how it and the governing body will discharge their respective functions in relation to the school if neither party is able to reach an agreement.

Mr Andrew Turner (Isle of Wight, Conservative)

That explanation is certainly helpful, but it would assist me if the Minister would consider an example. Let us say that the LEA would like to have a firmer agreement about the redeployment of redundant teachers than is possible under the current legislation, although we know that schools, not LEAs, are responsible for the appointment of teaching staff. The LEA canvasses the views of Members of the National Assembly, which requires LEAs to enter into a partnership with their governing bodies.

The purpose of the partnership arrangement is that matters such as facilitating the redeployment of redundant teachers may be prescribed. Some schools object on the grounds that they do not want others' cast-offs, but the LEA may be closing several schools and is determined that it will be less expensive. Most schools in the area do not have any vacancies for teachers and so do not fear the consequences. Most of the schools are able to reach an agreement with the LEA, for the purpose of subsection (1), but one or two schools may not. The LEA then draws up a statement that sets out how they will discharge their respective functions, and governing bodies accept redeployment staff who are available in the LEA. Does the clause permit that?

Mr Don Touhig (Parliamentary Under-Secretary, Welsh Office; Islwyn, Labour/Co-operative)

I reassure the hon. Gentleman that the clause sets out only how LEAs and governing bodies carry out their functions. It does not alter their functions. It cannot change the law through the power, and so could not change any of their responsibilities in relation to staffing.

Mr Andrew Turner (Isle of Wight, Conservative)

I thank the Minister for that explanation.

Question put and agreed to.

Clause 191 ordered to stand part of the Bill.

Clauses 192 and 193 ordered to stand part of the Bill.

Schedule 19 agreed to.

Clause 194 ordered to stand part of the Bill.