New clause 16 - Guidance on application of prohibition in relation to school transport
Equality Bill [Lords]
2:15 pm
Meg Munn (Parliamentary Under-Secretary, Department of Trade and Industry; Sheffield, Heeley, Labour)
I shall do my best, Mr. Gale. As has already been said, the Bill contains exemptions from the provisions on discrimination for local education authorities and public authorities on the grounds of religion or belief in relation to school transport. LEAs have a statutory requirement to provide free home-to-school transport for pupils who live a certain distance from their nearest school. They also have some scope to decide when transport is necessary in any other circumstances, and they consider each pupil's case on its merits, taking account of all relevant factors.
There is discretion, which means that LEAs often provide subsidised transport for pupils of a particular faith school that is outside the local area, although I stress that the discretion is not limited to transport to faith schools. LEAs may also—it is our clear belief that they should—provide subsidised transport to a non-faith school for a child whose parents are strongly opposed to their attending a faith school closer to home. The exception is needed to protect such special arrangements, whether they benefit those of a particular faith or those who for philosophical reasons seek an alternative to a faith school. I emphasise that LEAs can, and do, offer pupils free or subsidised transport in various circumstances.
The hon. Member for Oxford, West and Abingdon discussed this matter earlier this week, and I know that he understands the need for the transport exemption and has not sought to remove it. By seeking to require the Secretary of State to issue guidance on the provision of home-to-school transport—guidance that must have particular regard to the duty not to discriminate on the grounds of religion or belief, and to the duty on local authorities to carry out their functions relating to school transport with due regard to the Human Rights Act 1998—the hon. Gentleman is pointing it out that there is uncertainty about the provision of free school transport. I agree, and acknowledge that the home-to-school transport legislation is out of date. That is why we have included proposals to extend rights for home-to-school transport in the White Paper ''Higher Standards, Better Schools for All''.
The proposals will be included in the forthcoming School Transport Bill, and as a result of those proposals, the Secretary of State for Education and Skills will issue new guidance relating to the provision of home-to-school transport, a draft of which will be published alongside that Bill. The guidance should clarify the duties of LEAs with regard to the provision of school transport and their obligations to ensure fairness. I believe that that will be a more appropriate place in which to deal with the issues raised by the amendment.