Lord Black of Brentwood (Con)

My Lords, I shall speak to Amendments 429 and 433 in the name of my noble friend Lord Lexden, to which I have added my own. It is a pleasure to see my noble friend back in his place. In Bills such as this, his authoritative and powerful voice on issues related to independent education is extremely important, and we should heed his advice. I declare my interest as chairman of governors at Brentwood School, and honorary president of the Boarding Schools’ Association and Institute of Boarding. As my noble friend said, these two straightforward amendments do not in any way strike at the integrity of the Bill or seek to undermine what it is setting out to achieve. They are simply practical amendments designed to ensure that, as far as independent schools, which are a vital part of the education sector, are concerned, the legislation works as effectively as possible. As it stands, under the Bill the Secretary of State has the power unilaterally to require independent schools to have regard to guidance issued by the department. This is not an onerous requirement and, like my noble friend Lord Lexden, I have no problem with the principle. Indeed, I see much merit in it. Where I have a problem, and this is at the heart of the amendment, is the tendency of guidance, over time, to acquire statutory force, particularly if the courts become involved at any point. It is therefore vital that any guidance issued has proper scrutiny and that those affected have a chance to make their views known through Parliament. As a veteran of years of legislation impacting on the media, I know only too well that seemingly innocuous guidance can sometimes have the most profound unintended consequences, especially where regulatory creep sets in. Without being unduly bureaucratic or slowing the process down in any way, this straightforward amendment simply seeks to ensure that in three key areas of vital operational independence for schools in the sector—curriculum, admissions and examinations—there will be proper scrutiny of any guidance to ensure that it is practical, does not add unnecessary burdens on schools or encroach on their independence, and above all is future-proofed. That is what noble Lords are here to do—to scrutinise—and this amendment ensures we have a chance to do it properly. Again, Amendment 433 is about practicalities. As I know from my own experience, it is not uncommon for people joining a school or moving into specialist provision for the first time, with one diagnosis requiring special support, rapidly to be diagnosed with another underlying condition, identified by experts at the school. As it stands, this Bill will make it well-nigh impossible for schools properly and effectively to deal with that without either placing themselves in legal jeopardy or, worse still, having to remove the child from the school until the material change process is completed in order to comply with these regulations. That cannot be what we want for children in a highly vulnerable position, and it is causing great concern among independent special school experts.