Clause 1

Part of Orders of the Day — Education Bill – in the House of Commons at 12:00 am on 12 July 1979.

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Photo of Mr Chris Price Mr Chris Price , Lewisham West 12:00, 12 July 1979

I do not think that anyone wants to delay the House much longer, but, since all these amendments would in one way or another give local authorities a little more time or a breathing space, it is proper to examine the indecent haste with which the Bill is being rushed through, with the complaisant support of the other place, as my hon. Friend the Member for Stockport, North (Mr. Bennett) pointed out.

I endorse what my hon. Friend said with reference to indecent haste and the local education authority of Bolton. The Secretary of State made a sedentary interruption that I suspect he later regretted. He may care to interrupt later from a less sedentary position.

My hon. Friend the Member for Stockport, North mentioned the indecent haste in Bolton and the money that is being spent. The legal position is that the Bolton education authority is subject to the 1944 Education Act, which has to be read as one with the 1976 Education Act. In making expenditure it is under a duty to have regard to the comprehensive prin- ciple and implement the non-selective plans approved under section 13 and the procedures of the 1976 Act. If it spends money on an object contrary to those duties before it is legally entitled to do so, the district auditor might well have something to say, and I am sure that certain ratepayers of Bolton, conscious of their civic duties, might wish to draw that to the district auditor's attention. I hope that the matters raised in the debate will cause the councillors of Bolton and their legal advisers to think twice about their highly dubious activities. They may lead them to feel that it would be better to take a little longer and do what they want next year instead of this year.

An indication has been given that the Government have seen reason about clause 1(4). They have many friends on the North Yorkshire local education authority, and I understand that there are only three Labour members. The Government have been accommodating to North Yorkshire to that extent. They are accepting the first amendment, which gives us hope that they might also see reason on others.

I draw attention to amendment No. 17 and hope that we might press it to a Division. It says: The Secretary of State shall not revoke any application under this subsection unless a resolution to make the application has been approved by more than half of the members of the local education authority, managers or governors concerned at a meeting convened for the purpose of passing such a resolution. What we are presented with this evening is unprecedented in the history of legislation affecting local authorities. The Government expect the Bill to receive Royal Assent on 26 July. Their experience this evening, however, might indicate that there is many a slip 'twixt cup and lip. Even the House of Lords can become affronted when a constitutional principle is being breached. The Government are proposing that a Bill that receives Royal Assent on 26 July, when everyone is about to go on holiday, shall have effect with regard to decisions taken by statutory bodies by 3 or 4 September, when children start returning to school. It is to have effect in this way without any safeguarding provisions about the way in which the decision will be taken by the local education authorities, governors or managers concerned.

The amendment provides that at the very least the education authorities, governors or managers shall go through the proper motions, even if it means calling a few councillors back from holiday or having a special meeting in the middle of August of the governors or managers concerned. If the Government insist on breakneck-speed legislation of a kind completely unprecedented in the annals of education measures, at least we should ensure that half the membership of whatever body is in control of the school should have the option of taking a clear decision on the matter. Clearly, such bodies cannot take a decision now.

We have already had one amendment to the Bill. There is no saying what other amendments there will be during the rest of the Report stage or in another place. No local authority or board of governors or managers can properly meet and take a statutory decision of this kind until the Bill has been given Royal Assent. It would be utterly improper to do otherwise.

We feel that this amendment would be a safeguard. In fact, not many local authorities, governors or managers want to take advantage of the Bill. That may be so—we shall see what happens after Royal Assent. If it is so, it is an even greater reason for saying that the few authorities that want to take such a draconian step in such a short time and with such disruption to children, teachers and parents should have to go through the motions of making an application to revoke, passing a proper resolution to do so and passing it at a properly convened meeting.

There was a period when there was a lot of litigation against the Labour Party for not calling its meetings properly. This occurred in the previous constituency of the right hon. Member for Daventry (Mr. Prentice) when he represented Newham, North-East. One hesitates to warn local education authorities about the effect of this Bill. It is possible that if a local education authority applies for revocation under clause 1(3), certain ratepayers may feel that the application has been made in improper circumstances, and they may attempt to take the authority to court. We may have another spate of education cases in the courts, as occurred in 1968 at Enfield and in 1978 at Tameside.

12.15 a.m.

Rushed legislation of this kind, which is designed simply to bail people out of election promises, is productive of such litigation. Amendment No. 17 seeks to ensure that it does not have that effect and that proper procedures are followed. Even though the Government may use dubious means in the House to rush through legislation, we should try to protect those in local government from the effects which the Bill might innocently have on them.

My hon. Friend the Member for Bootle (Mr. Roberts) drew attention to the potential effects which the Bill could have on local councillors—my hon. Friend is one of the few hon. Members who are still local councillors—if some of the fears expressed in this debate were borne out and if expenditure were improperly made and surchargeable on local councillors.

Amendment No. 17 is designed to ameliorate the rushed effect of the Bill on local councillors. Therefore, although I am pleased that the Secretary of State has seen reason and decided to help the local education authority in North Yorkshire, I hope that he will also see reason in respect of amendment No. 17 and will protect those members of local authorities who otherwise may find themselves surcharged or subject to litigation.