DELEGATION OF FUNCTIONS TO BOARDS (Hansard, 21 June 1988)

§ Mr. Galbraith
I beg to move amendment No. 32, in page 9, line 16, at end insert 'appointing or of.
The amendment involves the ceiling powers contained in the Bill. The ceiling powers were originally proposed in the consultation document produced by the Minister. As a result of that consultation and the opposition to them, we were told by the Minister that they were to be removed. They have not been removed; they appear in clause 15 under the different name, "delegated functions". Although the name is different, they are still ceiling powers.
The amendment seeks to add to the exemptions from those delegated functions the power to appoint other staff within the school. We would be grateful if the Minister would consider the matter and if he would let us know what special knowledge and benefit the school board will bring to the appointment of other staff within the school.

§ Mr. Michael Forsyth
If the Opposition seek an assurance that the Bill would not allow the appointment of staff entering into a contract of employment, I can help them. The exclusion from delegation to giving employment includes the staff, but was drafted in that way to ensure that the selection of junior staff could be delegated.
It will be quite in order for an authority to delegate to a board that might meet as a committee with the head teacher as chairman the selection of junior staff for the school. Of course, the candidates would have to be eligible for appointment and the authority would make the formal appointment on the recommendation of the board. Clause 15(2)(b) rules out such delegations in the case of senior staff because the appointment to those posts is covered by schedule 2, which allows the authority to have a say in the selection of those important school managers.
1063 I ask the hon. Gentleman to withdraw the amendment. He is mistaken in his assertion that it is a Trojan horse to bring back the ceiling powers. I seem to recall, although my memory may be deficient, that even the hon. Member for Dundee, East (Mr. McAllion) agreed with me in that respect.

§ Mr. McAllion
Withdraw.

§ Mr. Forsyth
In the interest of the good business of the House, I am happy to withdraw if I am wrong. I can assure the hon. Member for Strathkelvin and Bearsden (Mr. Galbraith) that ceiling powers are not coming in through the back door, the window or by any other route—there were various metaphors used in Committee. Therefore, I urge him to withdraw the amendment.

§ Mr. Galbraith
Despite the Minister's explanation, we are not reassured. We do not intend to divide the House, although we shall seek to pursue the matter in another place.

§ Mr. Galbraith
I beg to move amendment No. 29, in page 9, line 29, at end insert— '(h) the control of the current budget of the school'. Despite the Minister's reassurances, this is yet another attempt to introduce ceiling powers by the back door. The amendment is about the control of the current budget by the school board. The Minister may like to explain why that is not contained within the exclusions, as we should like. In the past, he has said that if the school board does not wish this power to be delegated, there will be no problem. We wish to ensure that this is not within the school board's power. The job requires considerable expertise. I remind the Minister that these functions will be carried out by parents in their spare time and that it will be difficult for them to carry out this task. The idea is not cost-effective and, most important, as the Minister will note from consultations, parents do not want it.

§ Mr. Michael Forsyth
Direct control over a budget for the recurrent costs of a school was not one of the original ceiling powers. It would be possible for boards to take on similar powers by delegation, but the original ceiling proposal was for boards to be given control over a total current budget, which would be defined in regulations. As the Bill now stands, boards and authorities could agree on the delegation of control over parts of a school's current expenditure. There is no provision for the Secretary of State to determine what the budget should include. We have moved some way, but the door is not yet sufficiently ajar to get the ceiling in.

§ Mr. Galbraith
The Minister has moved some way, but not enough for the Opposition. Again, we do not wish to divide the House, although we shall pursue the matter in another place.