Clause 215
Apprenticeships, Skills, Children and Learning Bill
2:30 am
Jim Knight (Minister of State (Schools and Learners), Department for Children, Schools and Families; South Dorset, Labour)
On amendment 538, clause 215 allows the negotiating body to consider and reach agreement on a matter within the remit of the body, regardless of whether the matter has been referred to it by the Secretary of State. Clause 215(3) provides that the body may, however, submit its agreement to the Secretary of State only if it has received the Secretary of State’s prior consent. The amendment would remove that requirement.
I understand the concern that has been raised that in a genuine negotiation, issues sometimes crop up at the last minute that need to be included in order to secure a negotiated agreement. That is why clause 215 is in the Bill. The amendment raises an interesting question, given all the safeguards that I mentioned in speaking to the last amendment, as to whether we need to have subsection (3) in the Bill. I will reflect on that, and if I decide that it is not necessary, I will bring something back on Report.
On amendments 539 to 544, if the negotiating body submits an agreement to the Secretary of State for his consideration, clause 216 requires it to accompany the submission with a recommendation about how the agreement should be implemented in schools. Clause 216 currently requires that the recommendation must set out whether the agreement should be ratified by the Secretary of State, which would require schools to comply with the agreement, or should be one which schools must “have regard to”. That is an important part of the flexibility that I spoke about earlier.
Clauses 217 and 218 set out the Secretary of State’s options if the negotiating body’s agreement is initially submitted to him with a recommendation. They are, therefore, inextricably linked to clause 216. The amendments would deprive the body of the option of recommending that the Secretary of State require schools to have regard to the agreement submitted, thereby, in effect, imposing a duty on the negotiating body to recommend that the Secretary of State make an order ratifying the agreement. As a consequence of the amendments, the Secretary of State would no longer be able to make an order requiring schools to have regard to an agreement submitted by the negotiating body.
At that stage in the proceedings, he would be limited to either making an order ratifying the agreement, or referring the agreement back to the negotiating body for consideration.