Teaching and Higher Education Bill [Lords] — Title — 9 Jun 1998

As amended (in the Standing Committee), further considered.

I beg to move amendment No. 120, in page 3, leave out lines 15 to 26 and insert--

'(2) Those matters are:

(a) the standards of professional conduct of teachers;

(b) the standards of medical fitness required to teach;

(c) the powers which it needs to perform its functions under section 2 of this Act;

(d) recruitment to the teaching profession;

(e) the training and career development of teachers;

(f) methods of teaching;

(g) methods of assessing the performance of individual teachers; and

(h) methods of assessing the effectiveness of different methods of teaching.'.

Amendment, by leave, withdrawn.

Amendments made: No. 82, in page 4, line 14, at end insert

', or

(d) (subject to such exceptions as may be prescribed by, or determined by the Secretary of State under, regulations) ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any prescribed provision of the law of Scotland or of Northern Ireland.'.

No. 83, in page 4, line 15, after '(4)' insert

'Except in such circumstances as may be prescribed,'.-- [Mr. Byers.]

I beg to move amendment No. 10, in page 6, line 38, at end insert--

'(5) Subject to subsection (6), stamp duty shall not be chargeable in respect of any transfer to the General Teaching Council for Wales effected by virtue of subsection (3).

(6) No instrument (other than a statutory instrument) made or executed in pursuance of subsection (3) shall be treated as duly stamped unless--

Amendment agreed to.

Amendment made: No. 11, in page 37, line 7, at end insert--

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael Lord):

With this, it will be convenient to discuss Government amendments Nos. 60 and 64.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(4) For the purposes of subsection (1) or (2) the inclusion of the word "university" in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to--

(a) the affiliation or association of other institutions to the university, or

(b) the accreditation by the university of educational services provided by other institutions.

(5) In approving the inclusion of the word "university" in any name for the purposes of this section the Privy Council shall have regard to the need to avoid names which are or may be confusing.

(6) The Privy Council's power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word "university" in the name in question may be authorised by virtue of any other Act or any Royal Charter.

(7) In this section--

"relevant institution" means an institution within the further education sector or the higher education sector as defined by section 91(3) or (5) of the Further and Higher Education Act 1992;

"university", in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.'.-- [Dr. Howells.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss the following: Government new clause 9-- University college, etc., not to be treated as university .

Question put and agreed to .

Clause read a Second time, and added to the Bill .

(2) So far as it is a charity, any institution which--

(a) is administered by or on behalf of any higher education corporation, and

(b) is established for the general purposes of, or for any special purpose of or in connection with, that corporation,

shall also be an exempt charity for the purposes of the Charities Act 1993.

(3) In this section "charity" and "institution" have the same meaning as in the Charities Act 1993."

(2) After section 22 of the Further and Higher Education Act 1992 there shall be inserted--

"Charitable status of a further education corporation

22A.--(1) A further education corporation shall be a charity which is an exempt charity for the purposes of the Charities Act 1993.

(2) So far as it is a charity, any institution which--

(a) is administered by or on behalf of any further education corporation, and

(b) is established for the general purposes of, or for any special purpose of or in connection with, that corporation,

shall also be an exempt charity for the purposes of the Charities Act 1993.

(3) In this section "charity" and "institution" have the same meaning as in the Charities Act 1993." '.-- [Dr. Howells.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss Government amendments Nos. 78 to 80.

Question put and agreed to .

Clause read a Second time, and added to the Bill .

I beg to move, That the clause be read a Second time.

9 Jun 1998 : Column 900

It being two hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to the Order [19 May] and the Resolution [8 June], put forthwith the Question already proposed from the Chair.

Question put and negatived.

Amendments made: No. 55, in page 33, line 3, leave out 'Treasury' and insert

'Minister for the Civil Service'.

No. 56, in page 33, line 4, leave out from first 'as' to 'may' and insert 'he'.

No. 57, in page 33, line 4, leave out from second 'as' to 'may' in line 5 and insert 'he'.-- [Mr. Jamieson.]

Amendments made: No. 73, in page 34, line 8, at end insert--

' "functions" includes powers and duties;

"modifications" includes additions, alterations and omissions, and "modify" shall be construed accordingly;'.

No. 99, in page 34, line 13, at end insert--

'(2) In the following provisions of this Act, namely--

(a) sections 12, 15 and 19, and

(b) Schedule 2,

"employer", in relation to a teacher, includes a local education authority, governing body or other person who engage (or make arrangements for the engagement of) that person to provide his services as a teacher otherwise than under a contract of employment, and "employed", "employment" and any expressions relating to the termination of employment shall be construed accordingly.'.-- [Mr. Jamieson.]

Amendment made: No. 75, in page 34, line 21, leave out 'to 24' and insert

', ( Transfer or delegation of functions relating to student support ), ( Supply of information in connection with student loans ), 23 and 24'.-- [Mr. Jamieson.]

Amendments made: No. 58, in page 35, line 1, after 'Scotland' insert 'only'.

No. 59, in page 35, line 4, leave out '30' and insert

'( Supply of information in connection with student loans: Scotland ), except that subsections (3) and (10A) of section 73A, and section 73AA so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 27) shall also extend to England and Wales and Northern Ireland,'.

No. 60, in page 35, line 5, leave out from '34' to end of line 6 and insert

' and ( Scottish Further Education Funding Council: "relevant body" for purposes of section 19(5) of the Disability Discrimination Act 1995 )'.

No. 61, in page 35, line 6, at end insert--

'(6A) The following provisions also extend to Scotland--

section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,

section ( Transfer or delegation of functions relating to student support ) so far as relating to any function exercisable by virtue of any provision so authorised,

sections 29 and 30,

section ( Unauthorised use of "university" in title of educational institution, etc. ),

section 35, and

this section.'.

No. 68, in page 35, line 7, at end insert--

'section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section,

section ( Transfer or delegation of functions relating to student support ) so far as relating to any function exercisable by virtue of any provision so authorised,'.

No. 74, in page 35, line 7, at end insert--

'section ( Unauthorised use of "university" in title of educational institution, etc. ),'.-- [Mr. Jamieson.]

Amendments made: No. 62, in page 42, line 30, leave out '73(1)(f)' and insert '73(f)'.

No. 63, in page 42, line 36, leave out '73(1)(f)' and insert '73(f)'.

No. 78, in page 43, line 3, at end insert--

'Further and Higher Education Act 1992 (c.13)

. In section 17 of the Further and Higher Education Act 1992 ("further education corporation" and "operative date"), at the end of subsection (1) add "or which has become a further education corporation by virtue of section 47 of this Act".

. In section 90(3) of that Act (interpretation), after ""university"" insert "(except where the context otherwise requires)".'.

No. 79, in page 43, line 3, at end insert--

'Charities Act 1993 (c.10)

. In section 3 of the Charities Act 1993 (the register of charities), after subsection (5) insert--

"(5A) In subsection (5) above, paragraph (a) shall be read as referring also to--

(a) any higher education corporation within the meaning of the Education Reform Act 1988, and

(b) any further education corporation within the meaning of the Further and Higher Education Act 1992." '.-- [Mr. Jamieson.]

Amendment made: No. 80, in page 44, line 18, at end insert--

'1993 c. 10.

Charities Act 1993.

In Schedule 2, paragraphs (h) and (j).'

-- [Mr. Jamieson.]

Amendments made: No. 81, in line 6, leave out from 'them' to 'to' in line 9 and insert

'; to make provision with respect to the funding of higher education institutions and certain further education, and other matters relating to further and higher education institutions;'.

No. 64, in line 15, after '1973;' insert

'to provide that the Scottish Further Education Funding Council shall be a relevant body for the purposes of section 19(5) of the Disability Discrimination Act 1995;'.-- [Mr. Jamieson.]

Order for Third Reading read.

I beg to move, That the Bill be now read the Third time.

With this Bill and the School Standards and Framework Bill, we will enhance the standards of education in our country and ensure that opportunity is opened up. We will modernise the education service through schools and higher education for the 21st century.

We will ensure that the legislative framework exists to enable us to provide a teaching profession that can be proud of its professionalism. The General Teaching Council, which will control entry and exit from the profession, is part of that, ensuring that--for the first time--the profession itself has a body that can speak for, and on behalf of, those who serve in it. I am pleased that we appear to have universal agreement on delivering the GTC, which has bedevilled the debate in the education service for some years.

I am pleased also that we appear to have agreement on the introduction of a proper induction year for teachers. We all recall the failure properly to implement the previous arrangements, and we all know of the real difficulties faced by young teachers in that crucial first year. It is not simply induction that is important; the amount of time made available for preparation is also important. All of us who have been in teaching will never forget the burden of preparation and finding one's feet during the long hours of that first year. Therefore, an induction period with a relaxation of contact time for teachers will make a difference.

In addition, support will be available for teachers, and--linked to the advanced skills teacher post--it will be possible to give the supervision and help that are required. I hope also that the arrangements will reduce the drop-out rate. The number of young people who undertake teacher training but do not take a position or drop out

9 Jun 1998 : Column 912

after the first year is extremely worrying. Were we to be able to reverse that trend, many of the recruitment problems, and the gaps in terms of vacancies, would be eased. The measures will help also to lift the morale and status of the profession generally.

Question put, That the Bill be now read the Third time:--

The House divided: Ayes 307, Noes 174.

Historical Hansard | Online Hansard |