Clause 48

Part of Education and Skills Bill – in a Public Bill Committee at 4:15 pm on 21 February 2008.

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Photo of Nick Gibb Nick Gibb Shadow Minister (Education) (Schools) 4:15, 21 February 2008

I beg to move amendment No. 89, in clause 48, page 26, line 27, leave out ‘Regulations may’ and insert

‘The Secretary of State must by regulations’.

The purpose of the amendment is to ensure that regulations are introduced that direct both the procedures for making appeals and the hearing of such appeals. As drafted, the clause says that the Secretary of State “may” make regulations about the procedures for appeals and the powers of the attendance panel in hearing appeals. The Secretary of State could therefore decide not to publish such regulations or lay them before Parliament for scrutiny and debate. The rules relating to appeals and the procedures of the attendance panels could, de facto, be decided by Executive action. On matters that are clearly judicial or quasi judicial, there should be clear rules that are scrutinised by the House in some form. The amendment replaces the word “may” with “must” and I hope it receives the Minister’s support.