APPEALS AGAINST PROHIBITION OR RESTRICTION OF EMPLOYMENT (Hansard, 30 April 1999)

§ Ms Shipley
I beg to move amendment No. 25, in page 5, line 14, leave out 'of the Secretary of State'.

§ Mr. Deputy Speaker (Mr. Michael J. Martin)
With this, it will be convenient to discuss amendment No. 26, in page 5, line 17, leave out 'of the Secretary of State'.

§ Ms Shipley
The amendments will allow the new tribunal to hear appeals against decisions by the National Assembly for Wales to put someone on List 99, as well as appeals against decisions made by the Secretary of State for Education and Employment.
The amendments are necessary because the powers of the Secretary of State for Education and Employment in section 218(6) of the Education Reform Act 1988 in respect of Wales will be transferred to the National Assembly for Wales. The transfer will include the power to bar teachers on the new grounds set out in clause 5. As a result, the new tribunal will have to be able to hear appeals from people who are barred by the Assembly as well as by the Secretary of State.
Removing references to the Secretary of State from clause 6 will enable the tribunal to hear appeals against any decision to put someone on List 99, regardless of whether the decision is made by the Secretary of State or the Welsh Assembly.

§ Mr. Maclean
I had not intended to comment on the amendment, but I have just one query which the Minister might be able to answer. If the words of the Secretary of State are deleted from subsections (1)(a) and (b), the first sentence is left hanging and reads "a decision…to prohibit". When I initially considered the amendment, I asked myself who would be making that decision. I now understand the reasons that the hon. Lady has advanced. As it will be either the Secretary of State in England or the Welsh Assembly in Wales, why leave it blank? Is there some good reason why the Bill cannot be amended to say "a decision by the Secretary of State or, as the case may be, the Welsh Assembly"? That would make it absolutely clear.
No doubt there is some technical, legal, drafting reason why that is not possible, and I do not want to delay the House as people frantically advance the reasons. If the Minister does not want to respond to me now, I am happy for him to send me a little note explaining why he wants to delete the reference to the Secretary of State and leave the provision anonymous, and why he does not want to take up my suggestion.

§ Mr. Hutton
The right hon. Gentleman is right. I am happy to correspond with him about that issue.

§ Mr. Maclean
I am grateful to the Minister.