division_name: Learning and Skills Bill [Lords] - Grammar schools: retention of selective admission arrangements
motion: <p>Ordered, 
  <p>Brought up, and read the First time. 
  
   
  
  <p>
   I beg to move, That the clause be read a Second time.
   
  
  <p> 
      Madam Speaker:   
   With this it will be convenient to discuss the following: Amendment No. 84, in clause 124, page 59, line 13, leave out subsection (2) and insert--
   
  
  <p>The academies are to be seen as one of the fresh start options.--[ Official Report, Standing Committee F , 6 June 2000; c. 747.]
  <p>Where an Academy replaces an existing school, suitable arrangements will have been made to provide for the education of all pupils from the school being replaced.
  <p>
  That is rather vague. It hardly tells us anything at all. Of course, the education of pupils at the existing school must continue. There is a duty for them to continue to be educated. The issue is where are they to be educated?
  <p>who have attained the age of 11.
  <p>It is important to stress that the academies will have admission policies consistent with the codes of practice on admissions.--[ Official Report, Standing Committee F , 6 June 2000; c. 747.]
  <p>admissions criteria must be clear, objective and fair . . . admissions arrangements should be circulated for comment to other admission authorities . . . City academies should participate in the local admissions forum and establish independent appeals panels.
   
  
  <p>Where an Academy replaces an existing school, suitable arrangements will have been made to provide for the education of all pupils from the school being replaced.
  <p>Question put and agreed to .
  <p>Clause read a Second time, and added to the Bill .
   
  
   <p> 
   Amendment made:  No. 71, in page 59, line 32, at end insert--
   
  '( ) After subsection (3A) insert--
   
  "(3B) Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.
   
  (3C) The authorities are--
   
  (a) the local education authority in whose area the school is to be situated, and
   
  (b) if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.".'.-- [Mr.  Blunkett.] 
  
  <p> 
   Amendments made:  No. 107, in page 94, line 31, at end insert--
   
  'or the Secretary of State thinks it is about to be no longer so used.'.
   
  No. 72, in page 94, line 31, at end insert--
   
  '(d) before making the scheme the Secretary of State consulted the authority.'.
   
  No. 108, in page 94, line 47, at end insert--
   
  '(4A) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).'.
   
  No. 109, in page 95, line 1, after first "force" insert "(a)".
   
  No. 110, in page 95, line 1, at end insert--
   
  ', or
   
  (b) on the day it otherwise identifies as the day for it to come into force.'.
   
  No. 111, in page 95, line 14, leave out from first "to" to end of line 15 and insert--
   
  'make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect to it.'.
   
  No. 112, in page 95, line 21, leave out "to" and insert "in favour of".
   
  No. 113, in page 95, line 24, leave out "acquire" and insert "make an acquisition".
   
  No. 114, in page 95, line 35, leave out "dispose" and insert--
   
  'make a disposal in respect'.
   
  No. 115, in page 95, line 37, after "interest" insert "concerned".
   
  No. 116, in page 95, line 41, after "disposal" insert "in respect".
   
  No. 117, in page 95, line 43, after "interest" insert "concerned".
   
  No. 118, in page 96, line 10, at end insert--
   
  '3A.--(1) For the purposes of paragraphs 2 and 3--
   
  (a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;
   
  (b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.
   
  (2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.'.
   
  No. 119, in page 96, line 10, at end insert--
   
  ' Restriction on appropriation  
   
  3B.--(1) Sub-paragraph (2) applies if--
   
  (a) a freehold or leasehold interest in land is held by a local education authority,
   
  (b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
   
  (c) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972.
   
  (2) Unless the Secretary of State consents, the authority must not make the appropriation.
  <p>
   
  3C.--(1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 3B(2).
   
  (2) The Secretary of State may purchase the interest concerned compulsorily.
   
  (3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).'.
   
  No. 120, in page 96, line 26, at end insert--
   
  'and
   
  (c) the first or the second condition set out below is satisfied.
   
  (1A) The first condition is that-'.
   
  No. 121, in page 96, line 29, at end insert--
   
  '(1B) The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy.'.
   
  No. 122, in page 96, line 32, leave out "(b)" and insert--
   
  '(2A) Sub-paragraph (1A) applies'.
   
  No. 123, in page 96, line 36, leave out "mentioned in sub-paragraph (1)(d)" and insert "holding it".-- [Mr.  Blunkett.] 
   
  <p>
   I beg to move, That the clause be read a Second time.
  <p> 
      Mr. Deputy Speaker:   
   With this it will be convenient to discuss new clause 11-- Grammar schools: retention of selective admission arrangements --
   
  
  <p>The perpetual threat of balloting is corrosive of the sense of security of the school, its staff and pupils.--[ Official Report , 20 October 1999; Vol. 336, c. 371.]
  <p>
  He was absolutely right and deserves the warm admiration of all fair-minded Members.
  <p>to their continuance or to their ethos or to their quality . . .
  <p>A Labour Government will not close your grammar schools. That is my personal guarantee.
  <p>The checking procedures are in accordance with the ballot regulations and the terms of our contract with the Department for Education and Employment.
  <p>Arguments about selection are a past agenda. I am not hunting grammar schools.
  <p>Motion and clause, by leave, withdrawn. 
  <p> 
  ( ) In the School Standards and Framework Act 1998
  <p> 
  (a) in section 104 (designation of grammar schools), omit subsection (4)
   
  (b) omit sections 105 to 108 (procedure for ballots to determine retention or discontinuance of selective admission arrangements) and
   
  (c) in section 109 (proposals by governing body to and selective admission arrangements) omit subsections (3)(b) and (4).'.-- [Mr.  Bercow.] <p>Brought up, and read the First time. 
  <p>Motion made, and Question put,  That the clause be read a Second time:--
  <p>The House divided:  Ayes 132, Noes 330.
  