HC Deb 05 February 2002 vol 379 cc780-95


As amended in the Standing Committee, considered.

Motion made, and Question proposed, That the Education Bill, as amended, be considered in the following order, namely, new Clauses relating to Part 1, new Clauses relating to Part 2, new Clauses relating to Part 3, new Clauses relating to Part 4, new Clauses relating to Part 5, new Clauses relating to Part 6, new Clauses relating to Part 7, new Clauses relating to Part 8, new Clauses relating to Part 9, new Clauses relating to Part 10, other new Clauses, amendments relating to Clauses 1 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 48, Schedule 4, Clauses 49 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 62, Schedule 7, Clauses 63 to 66, Schedule 8, Clauses 67 and 68, Schedule 9, Clauses 69 to 71, Schedule 10, Clauses 72 to 115, Schedule 11, Clauses 116 to 143, Schedule 12, Clauses 144 to 147, Schedule 13, Clauses 148 to 150, Schedule 14, Clauses 151 to 180, Schedule 15, Clause 181, Schedule 16, Clause 182, Schedule 17, Clauses 183 to 188, Schedule 18, Clauses 189 to 192, Schedule 19, Clauses 193 to 198, Schedule 20, Clauses 199 to 209, Schedules 21 and 22, new Schedules.—[Mr. Sutcliffe.]

6.12 pm
Mr. Deputy Speaker (Sir Michael Lord)

I have accepted the manuscript amendment for debate.

The Minister for School Standards (Mr. Stephen Timms)

I beg to move a manuscript amendment: That the order of consideration be amended as follows: leave out the words new Clauses relating to Part 3 and insert in their place new Clause 1, new Clause 2, new Clause 18, new Clause 3, new Clause 4, new Clause 7, new Clause 8, new Clause 9 and new Clause 12.

Mr. Phil Willis (Harrogate and Knaresborough)

On a point of order, Mr. Deputy Speaker. We have certainly not been informed about the change of business or the manuscript amendment and we have been sitting here quite calmly for a considerable time waiting to debate the Education Bill, half of which was not discussed in Committee. Therefore, I respectfully ask whether it is in order for the Minister to propose a new timetable without allowing us to consider it.

Mr. Michael Fallon (Sevenoaks)

Will you make it clear, Mr. Deputy Speaker, whether we are now debating the amendment?

Mr. Deputy Speaker

We are debating the manuscript amendment that I have just put to the House.

Mrs. Gwyneth Dunwoody (Crewe and Nantwich)

I have the greatest respect for my hon. Friend the Minister, but I am slightly startled by this change of procedure. Is it common for the Chair to accept a manuscript amendment when there is a clear statement on the Order Paper of the order in which the Bill is to be debated? If that is the case, may I ask you, Mr. Deputy Speaker, when you received notice of that manuscript amendment?

Mr. Deputy Speaker

The hon. Lady is now opening up the debate. I accepted the manuscript amendment simply for the convenience of the House, because it appeared sensible, and it has now been moved. Hon. Members are entitled to speak to the amendment and to vote against it.

6.15 pm
Mr. Timms

I wish simply to explain the reasoning behind the amendment and I to apologise to hon. Members. The amendment resulted from recent hasty discussions. The difficulty is that, under the motion on the Order Paper, we would need to delay votes on a number of matters that we shall discuss this afternoon until the end of all the debates on part 3. The amendment would allow us to vote at the conclusion of the debates on those amendments rather than all together at the end of the discussion of part 3. It is a helpful proposal and I hope that the House will accept it.

Mr. Graham Brady (Altrincham and Sale, West)

All hon. Members are bemused by this new development. Many of us have been in the Chamber for quite some time, following the statement from the Department for Education and Skills. We have read the timetable motion on the Order Paper and feel that we have a right to expect it to be followed.

Surely it is bizarre for the Minister to give us no notice of the manuscript amendment and to make no attempt to circulate it. Surely it is outrageous for him to bring it before the House in this way. Opposition Members can only protest in the strongest possible way that the Minister has not even attempted to give hon. Members notice. Surely the fact that Ministers and Labour Back Benchers seem unable to organise their business in a rational and coherent way does not make it acceptable for us to be faced with absurd changes to procedure without notice or adequate explanation. I really do protest and I wonder whether any steps could be taken now to allow the House an opportunity to see the amendment before we vote on it.

Mr. A. J. Beith (Berwick-upon-Tweed)

On a point of order, Mr. Deputy Speaker. At this stage of the debate when we have a little more time, it would be helpful if copies of the manuscript amendment could be circulated while we are in the Chamber. In my experience, most manuscript amendments are brief and can easily be understood when they are read out. They usually involve the substitution of one name or something similar. This is the most complicated manuscript amendment I have ever heard in 28 years in the House. Is it beyond the wit of the Government to circulate some photocopies of it while the debate continues?

Mr. David Heath (Somerton and Frome)

Further to that point of order, Mr. Deputy Speaker. It would also be helpful if you would explain whether the amended order of consideration would have any effect on Mr. Speaker's selection of amendments as already circulated and the order in which they are to be considered.

Mr. Deputy Speaker

If we are not careful, hon. Members will be making debating points on points of order. The answer to the hon. Gentleman's latter point is no, it does not.

Mr. Willis

I am quite outraged that we find ourselves in this situation. The Bill was handled disgracefully in Committee and we were looking forward to two days of debate to address some of its core issues. Members of the public are particularly interested in some of the key aspects of the debate that was expected today.

Earlier today, I asked the Committee Clerk about the order in which the amendments were to be debated and voted on. I was assured that there would be a vote on each group of amendments. I even informed the Clerk that that was our intention this evening. Now, at the last minute, having sat here for the past three and a half hours, we find ourselves having to respond to a manuscript amendment without having sight of it. We are now told that all of a sudden the way in which we debate the amendments and vote on them has changed. If the Government are prepared to show such contempt for the House when it is considering legislation that engages us in a good debate, heaven help us when we consider provisions that are far more tricky politically.

We hope that the explanation for the manuscript amendment and this change of heart will allow us to understand the Government's thinking, and will reassure us that we can debate the current marshalled list of amendments in the existing order and vote on each string of amendments, depending on whether the Opposition wish to press them to vote.

Mr. Patrick McLoughlin (West Derbyshire)

On a point of order, Mr. Deputy Speaker. I draw your attention to page 473 of "Erskine May". Even though the Secretary of State and the Minister of State were present this afternoon for an education statement, at no time did the Government tell the Opposition about their intention to table this manuscript amendment. Given the total and utter contempt for the proceedings of the House that we have witnessed this afternoon, I ask you to consider carefully the passage in "Erskine May" that states: Whenever possible, notice should be given of any amendments. However, in committee it is in order to move, as manuscript amendments, amendments of which notice has not been given. That clearly states that, in all practical circumstances, notice should be given. An education statement was made and the Secretary of State was present, but no attempt was made to notify the House of the Government's intention, so I ask you whether it is right, Mr. Deputy Speaker, that we should accept this manuscript amendment.

Mr. Deputy Speaker

I have already accepted the manuscript amendment and we are now debating it. This is not a matter of the content of the amendment; it was simply that I understood it to be for the convenience of the House to consider the matter in this way.

Mr. Fallon

I make it clear that I am not raising a point of order but speaking to the debate. The hon. Member for Harrogate and Knaresborough (Mr. Willis), who spoke very strongly, has every reason to feel aggrieved by the way in which he and new clause 5 have been treated by this procedure. Given that it is now some 10 minutes since the manuscript amendment was moved, I should have expected the Minister at least to have had the courtesy to circulate copies of it or place them in the Vote Office. I wonder whether that can still be done, even at this late stage. It is extraordinary that a manuscript amendment of this nature has been moved without giving any notice to the House, and with no discussion between Front Benchers, let alone with those who have tabled new clauses and amendments. The Minister will find it hard to justify that extraordinary procedure.

What lies behind this procedure is an attempt by the Government to rig the way in which Divisions are held. The Minister needs reminding that the purpose of our presence here today is not to arrange the timing of Divisions but to consider legislation—

Mr. John Taylor (Solihull)

On a point of order, Mr. Deputy Speaker. I apologise to my hon. Friend for interrupting him, but I want to appeal to you as the protector of Back Benchers. It is hard enough being a Back Bencher under this Government. I for one would like more time to consider this matter, so I beg to move that the House be adjourned for one hour, so that we can study it further.

Mr. Deputy Speaker

No, I am not prepared to accept a motion for the Adjournment of the House at this time. We are dealing with the amendment and the debate must continue.

Mr. Paul Tyler (North Cornwall)

Further to that point of order, Mr. Deputy Speaker. I have just checked with the Vote Office and there still is not available to us any version of this extraordinary amendment, which has been thrust upon the House. Can you please instruct that copies of it be circulated to Members? It is intolerable that our proceedings should be so extraordinarily diverted at this stage, without us knowing what we are being asked to do.

Mr. Deputy Speaker

The Minister and his colleagues on the Treasury Bench will have heard what has been said about copies being made available. Before we continue, perhaps it would help if I again read out the manuscript amendment, which states that the order of consideration be amended to leave out the words new Clauses relating to part 3 and insert new Clause 1, new Clause 2, new Clause 18, new Clause 3, new Clause 4, new Clause 7, new Clause 8, new Clause 9 and new Clause 12.

Mr. Fallon

The very fact that you have had to read out the amendment a second time, Mr. Deputy Speaker, justifies the Government's doing us the elementary courtesy of getting this thing printed so that we can all see exactly where we stand.

Just before I was interrupted, I was saying that the Minister appears to be rigging the order in which Divisions are likely to be held. That is monstrous. We are a legislature. We are here today to debate these new clauses and amendments in the final stages of this important Bill. We are not here simply to arrange Divisions for the convenience of the Executive. As I understand it, the order of consideration for the new clauses and amendments was laid down clearly by Mr. Speaker before lunchtime today, it was published and it has been available in the Vote Office since 3 o'clock. It is quite extraordinary to be told at this late stage—some six hours after Mr. Speaker made his selection and ruling—that the order of debate will be changed. That change is not for the convenience of the House, but for the convenience of the Government, and I urge my hon. Friends to consider pressing the matter to a Division.

Mrs. Dunwoody

Decisions taken by the Chair are for the protection of Members of Parliament and the Orders of the Day are published so that Members of Parliament can have at least a vague idea about what they are debating—something that is not always true even when they have read what they are debating. Frankly, they can have no idea of what they are debating if what is printed on the Order Paper differs from what is proposed.

I had no intention of taking part in the debate, but the order of debate should be clear and transparent to Members, so that they know in advance when the group of amendments that they want to discuss will be debated. That is not exactly a revolutionary idea, but it commends itself to me. Because we are so dependent on the Chair for the protection of our rights, and because it is so vital that we are clear about how we conduct our business, I hope that a much more detailed explanation of the manuscript amendment will be given, even if we end up accepting the Minister's proposal. I have rarely seen such a matter handled with less finesse, and this procedure has not been particularly helpful.

Mr. Damian Green (Ashford)

The House will wish to consider two separate issues at this point, the first of which is the issue of process. Like the hon. Lady, I have never seen anything handled in the House with less finesse. There are two possible reasons why the Government are behaving in this way: either the Department has been monumentally incompetent, or the Government are trying to rig the procedures of the House, not for the House's convenience but for their own. I incline toward the latter explanation, because I cannot believe that Ministers and their officials could be so incompetent. The entire ministerial team were in the House for an hour and a half for a long statement, so it would surely not have been beyond their wit to hand copies of the manuscript amendment to the Opposition parties, and to show the same courtesy to their own right hon. and hon. Friends, who are intimately involved with the debates that the Government are trying to rig. I therefore absolve Ministers of the charge of monumental incompetence, but they cannot be absolved of the charge of reaching a nadir—even by the standards of this Government—in abuse of the procedures of the House.

6.30 pm

The second point worth considering has to do with the substance of the manuscript amendment, with which we have not yet dealt. It is clear that the Government are trying to minimise the number of Divisions that can take place on the matter of faith schools.

I can approach that matter fairly dispassionately, as I support what the Government are trying to achieve with the faith schools amendment. However, they must recognise that there exist other points of view in the House, and that they are legitimate. The various new clauses tabled on faith schools represent varying nuances of view. The Opposition oppose those views, as do the Government, so this is not a partisan matter between Opposition and Government Front-Bench Members.

The question of faith schools engages the House in a non-party way, and it also engages the British people. It is an abuse of power by the Government to seek to minimise hon. Members' capacity to vote fully, clearly and competently on such a matter.

I think that the Minister is at heart a decent man. I can only urge him to withdraw this wretched amendment before we have to vote against it.

Mr. Jon Owen Jones (Cardiff, Central)

Will my hon. Friend the Minister explain to the House—or at least to Labour Members—whether the manuscript amendment is linked in any way to the numerous calls that I and other hon. Members received at the weekend? The Government are clearly somewhat sensitive about how we might wish to vote on the matter of faith schools. Will he make clear what effect the manuscript amendment will have on the votes on new clauses 1 and 18 in particular? The explanation that he has given so far has not assuaged my suspicion about the Government's motives.

Mr. Gordon Prentice (Pendle)

I underline that point. I am sure that the Government's motives are not malign, but I am just a simple Back Bencher. When the Minister responds to the debate, will he say what effect the amendment will have on when we vote on the clauses relating to faith schools? What are the implications for the timetable of votes?

Mr. Julian Brazier (Canterbury)

I have been in this House for 14 and a half years, and I cannot remember ever finding myself in this position before in connection with a subject of such considerable interest to the outside world. Suddenly, the House, having been given no notice at all, is debating a manuscript amendment—

Mrs. Lorna Fitzsimons (Rochdale)

On a point of order, Mr. Deputy Speaker. Is it in order to allow hon. Members to speak in this debate who were not even in the Chamber when the manuscript amendment was moved?

Mr. Deputy Speaker

The hon. Lady must leave these matters to the Chair.

Mr. Brazier

I have one question for the Minister. If the Government are determined to curb hon. Members' right to put their points of view on this extremely controversial issue—on which I have spoken a number of times in the past, and about which the Minister knows that I share his views—where will it all stop? Has the House of Commons become nothing more than an extension of the Labour party's internal battles?

Mr. Beith

I am not a cynic by nature, and it is just conceivable that the Minister might be trying to help the House. If so, however, I wish he would wear a sign on his forehead saying "I am trying to be helpful", or something similar. The process that he has taken us through could hardly have been more unhelpful. It has left suspicion in everyone's mind.

The manuscript amendment that the Minister has moved cannot be understood or construed without the most careful examination of the motion that appears on the Order Paper. You, Mr. Deputy Speaker, read the amendment out most clearly, but at a speed that could not be called dictation speed for people who cannot take shorthand. We were fairly lost until—eventually, and after much pressure—we obtained a photocopy of the amendment.

We now have to decide whether it means what some of us think that it means. I sought advice, from which I glean—I think—that the amendment would allow new clause 18 to be voted on after we have voted on new clauses 1 and 2. The Minister did not trouble to mention that point in specific terms in his opening remarks. If the amendment was intended to be helpful, it still defeats me why some minimal notice of it was not given, or why some fuller and more intelligent explanation was not given at the start of the debate.

One of my reasons for speaking now is to give the Minister an opportunity to give us an intelligible explanation, and to remind him that there are better ways to do something like this

Mr. Deputy Speaker

Order. Before the Minister replies, I shall repeat that it was my belief, in accepting the manuscript amendment, that it would be helpful and for the convenience of the House. When the Minister responds, I hope that he will explain clearly why it is to the benefit of the House to deal with the matter in this way, and that he will convince the House of the need for the amendment.

Mr. Roger Gale (North Thanet)

On a point of order, Mr. Deputy Speaker. As we all know, it is the burden and task of the person in the Chair to defend the interests of Back-Bench Members. I am a member of the Chairman's Panel, and I know that you, more than most in this House, will always seek to do that.

It is clear, from what I have heard of this short debate, that ample opportunity existed earlier this afternoon for the matter to have been discussed through the usual channels. That does not seem to have happened. Hon. Members have tabled amendments—with which I profoundly disagree—and they surely have a right to be consulted.

Will you, Mr. Deputy Speaker, consider suspending this sitting of the House for ten minutes to allow hon. Members—

Mr. Deputy Speaker

That point has been put to me already, and I have said that I will not do that.

Mr. Damian Green

On a point of order, Mr. Deputy Speaker. In the very helpful point that you made immediately before calling the Minister to respond, you invited him to convince you that the manuscript amendment was in the interests of the House rather than of the Government. When you have heard the Minister's speech, will it be in your power to withdraw your acceptance of the manuscript amendment?

Mr. Deputy Speaker

I invited the Minister to convince the House, not me.

Mr. Tyler

On a point of order, Mr. Deputy Speaker. May we invite the Minister to say whether he would welcome a short adjournment of a few minutes, not an hour—

Mr. Deputy Speaker

Order. It is not for the Minister to decide on such matters. It is for the Chair, and the Chair has decided.

Mr. Timms

I am grateful to you, Mr. Deputy Speaker, and to the right hon. Member for Berwick-upon-Tweed (Mr. Beith), who correctly drew the House's attention to the fact that my intention is to be helpful. I emphasise that the amendment will not affect the order of consideration of the groups of amendments before the House, and neither will it affect the content of the debate in any way. What it will do, however—

Mr. McLoughlin

Will the Minister give way on that point?

Mr. Timms

Not just yet. The amendment will allow us to take, one after the other, votes on all the new clauses in the second group of amendments relating to faith schools. The original procedure would have allowed votes to be taken only when we had completed debating all the matters in part 3. It would help the House to be able to take those votes together, instead of after what may have been a lengthy period of debate of other matters in between.

Mr. McLoughlin

Will the Minister give way?

Mr. Timms

No. That is the intention behind the amendment, and I hope that the House—

Mr. McLoughlin

Will the Minister give way?

Mr. Timms

I want to finish this point. [HON. MEMBERS: "Give way."] That is the intention behind the amendment, and I hope that the House will agree that its effect is indeed helpful.

Mr. McLoughlin

Will the Minister give way?

Mr. Timms

I will now give way to the hon. Gentleman.

Mr. McLoughlin

I am grateful to the Minister for giving way. When did he decide to make this change? When did he write out the manuscript amendment, and why did he not have the decency to tell the Opposition?

Mr. Timms

The hon. Gentleman puts a fair question. An error in the drafting of the amendment came to our attention very late in our proceedings. I regret that, and I expressed my regret a few minutes before I rose to move the manuscript amendment. I hope that, after the explanation that I have provided, the hon. Gentleman accepts that it will be helpful for the House to vote on all those matters together, rather than having a long gap between votes on matters that will have been debated together.

Question put, That the amendment be made—

The House divided: Ayes 315, Noes 178.

Division No. 154] [6.40 pm
Ainger, Nick Davey, Valerie (Bristol W)
Ainsworth, Bob (Cov'try NE) David, Wayne
Alexander, Douglas Davies, Rt Hon Denzil (Llanelli)
Allen, Graham Davies, Geraint (Croydon C)
Anderson, Rt Hon Donald (Swansea E) Dawson, Hilton
Dean, Mrs Janet
Anderson, Janet (Rossendale) Denham, Rt Hon John
Armstrong, Rt Hon Ms Hilary Dhanda, Parmjit
Atherton, Ms Candy Dobbin, Jim
Atkins, Charlotte Donohoe, Brian H
Austin, John Doran, Frank
Baird, Vera Dowd, Jim
Banks, Tony Drew, David
Barron, Kevin Drown, Ms Julia
Battle, John Eagle, Maria (L'pool Garston)
Bayley, Hugh Edwards, Huw
Bell, Stuart Ellman, Mrs Louise
Benn, Hilary Ennis, Jeff
Benton, Joe Etherington, Bill
Best, Harold Field, Rt Hon Frank (Birkenhead)
Blackman, Liz Fisher, Mark
Blears, Ms Hazel Fitzsimons, Mrs Lorna
Blizzard, Bob Flint, Caroline
Borrow, David Flynn, Paul
Bradley, Rt Hon Keith (Withington) Follett, Barbara
Bradley, Peter (The Wrekin) Foster, Rt Hon Derek
Bradshaw, Ben Foster, Michael (Worcester)
Brennan, Kevin Foster, Michael Jabez (Hastings)
Brown, Rt Hon Nicholas (Newcastle E & Wallsend) Foulkes, George
Francis, Dr Hywel
Brown, Russell (Dumfries) Galloway, George
Browne, Desmond Gapes, Mike
Bryant, Chris Gardiner, Barry
Burden, Richard Gilroy, Linda
Burgon, Colin Godsiff, Roger
Burnham, Andy Goggins, Paul
Byers, Rt Hon Stephen Griffiths, Jane (Reading E)
Cairns, David Griffiths, Win (Bridgend)
Campbell, Alan (Tynemouth) Grogan, John
Campbell, Mrs Anne (C'bridge) Hain, Rt Hon Peter
Campbell, Ronnie (Blyth V) Hall, Mike (Weaver Vale)
Caplin, Ivor Hall, Patrick (Bedford)
Casale, Roger Hamilton, David (Midlothian)
Caton, Martin Hamilton, Fabian (Leeds NE)
Cawsey, Ian Hanson, David
Chapman, Ben (Wirral S) Harris, Tom (Glasgow Cathcart)
Chaytor, David Havard, Dai
Clapham, Michael Healey, John
Clark, Mrs Helen (Peterborough) Henderson, Doug (Newcastle N)
Clark, Dr Lynda (Edinburgh Pentlands) Henderson, Ivan (Harwich)
Hendrick, Mark
Clark, Paul (Gillingham) Hepburn, Stephen
Clarke, Rt Hon Charles (Norwich S) Heppell, John
Hermon, Lady
Clarke, Rt Hon Tom (Coatbridge) Hesford, Stephen
Clelland, David Hewitt, Rt Hon Ms Patricia
Clwyd, Ann Heyes, David
Coffey, Ms Ann Hill, Keith
Cohen, Harry Hinchliffe, David
Coleman, Iain Hoey, Kate
Colman, Tony Hope, Phil
Cooper, Yvette Hopkins, Kelvin
Corston, Jean Howarth, Rt Hon Alan (Newport E)
Cousins, Jim Howarth, George (Knowsley N)
Cranston, Ross Howells, Dr Kim
Cruddas, Jon Hoyle, Lindsay
Cummings, John Hughes, Beverley (Stretford)
Cunningham, Rt Hon Dr Jack (Copeland) Hughes, Kevin (Doncaster N)
Hurst, Alan
Cunningham, Jim (Cov'try S) Hutton, Rt Hon John
Cunningham, Tony (Workington) Iddon, Dr Brian
Dalyell, Tam Jackson, Glenda (Hampstead)
Darling, Rt Hon Alistair Jackson, Helen (Hillsborough)
Jones, Helen (Warrington N) O'Hara, Edward
Jones, Lynne (Selly Oak) Olner, Bill
Joyce, Eric O'Neill, Martin
Kaufman, Rt Hon Gerald Organ, Diana
Keeble, Ms Sally Osborne, Sandra (Ayr)
Keen, Alan (Feltham & Heston) Owen, Albert
Keen, Ann (Brentford & Isleworth) Palmer, Dr Nick
Kemp, Fraser Pearson, Ian
Kennedy, Jane (Wavertree) Perham, Linda
Khabra, Piara S Picking, Anne
Kidney, David Pickthall, Colin
Kilfoyle, Peter Plaskitt, James
King, Andy (Rugby & Kenilworth) Pollard, Kerry
King, Ms Oona (Bethnal Green) Pond, Chris
Kumar, Dr Ashok Pope, Greg
Ladyman, Dr Stephen Prentice, Ms Bridget (Lewisham E)
Lammy, David Prescott, Rt Hon John
Laxton, Bob Primarolo, Dawn
Lazarowicz, Mark Prosser, Gwyn
Lepper, David Quin, Rt Hon Joyce
Leslie, Christopher Quinn, Lawrie
Levitt, Tom Rammell, Bill
Lewis, Ivan (Bury S) Raynsford, Rt Hon Nick
Lewis, Terry (Worsley) Reed, Andy (Loughborough)
Liddell, Rt Hon Mrs Helen Reid, Rt Hon Dr John (Hamilton N)
Linton, Martin Robinson, Geoffrey (Cov'try NW)
Lloyd, Tony Roche, Mrs Barbara
Love, Andrew Rooney, Terry
Lucas, Ian Ross, Ernie
Luke, Iain Ruddock, Joan
Lyons, John Russell, Ms Christine (Chester)
McAvoy, Thomas Ryan, Joan
McCafferty, Chris Salter, Martin
McCartney, Rt Hon Ian Sarwar, Mohammad
McDonagh, Siobhain Savidge, Malcolm
MacDonald, Calum Sawford, Phil
McDonnell, John Shaw, Jonathan
MacDougall, John Sheerman, Barry
McFall, John Sheridan, Jim
McGuire, Mrs Anne Shipley, Ms Debra
McIsaac, Shona Simpson, Alan (Nottingham S)
McKechin, Ann Skinner, Dennis
Mackinlay, Andrew Smith, Rt Hon Andrew (Oxford E)
McNamara, Kevin Smith, Angela (Basildon)
McNulty, Tony Smith, Rt Hon Chris (Islington S)
MacShane, Denis Smith, Geraldine (Morecambe)
Mactaggart, Fiona Smith, Jacqui (Redditch)
McWalter, Tony Smith, John (Glamorgan)
McWilliam, John Smith, Llew (Blaenau Gwent)
Mahmood, Khalid Soley, Clive
Mallaber, Judy Southworth, Helen
Mann, John Spellar, Rt Hon John
Marsden, Gordon (Blackpool S) Starkey, Dr Phyllis
Marshall, Jim (Leicester S) Steinberg, Gerry
Martlew, Eric Stevenson, George
Meacher, Rt Hon Michael Stewart, Ian (Eccles)
Meale, Alan Stinchcombe, Paul
Merron, Gillian Stoate, Dr Howard
Michael, Rt Hon Alun Strang, Rt Hon Dr Gavin
Milburn, Rt Hon Alan Straw, Rt Hon Jack
Miliband, David Stringer, Graham
Miller, Andrew Stuart, Ms Gisela
Mitchell, Austin (Gt Grimsby) Sutcliffe, Gerry
Moffatt, Laura Taylor, Rt Hon Ann (Dewsbury)
Mole, Chris Taylor, Ms Dari (Stockton S)
Moonie, Dr Lewis Taylor, David (NW Leics)
Moran, Margaret Thomas, Gareth (Clwyd W)
Morgan, Julie Thomas, Gareth R (Harrow W)
Morris, Rt Hon Estelle Timms, Stephen
Mudie, George Tipping, Paddy
Mullin, Chris Todd, Mark
Murphy, Denis (Wansbeck) Touhig, Don
Murphy, Jim (Eastwood) Truswell, Paul
Murphy, Rt Hon Paul (Torfaen) Turner, Dennis (Wolverh'ton SE)
Naysmith, Dr Doug Turner, Dr Desmond (Kemptown)
O'Brien, Bill (Normanton) Turner, Neil (Wigan)
Twigg, Derek (Halton) Williams, Mrs Betty (Conwy)
Twigg, Stephen (Enfield) Wilson, Brian
Vaz, Keith Winnick, David
Vis, Dr Rudi Winterton, Ms Rosie (Doncaster C)
Walley, Ms Joan Woodward, Shaun
Ward, Ms Claire Woolas, Phil
Wareing, Robert N Worthington, Tony
Watts, David Wright Anthony D (Gt Yarmouth)
White, Brian Wright, David (Telford)
Whitehead, Dr Alan Wyatt, Derek
Wicks, Malcolm Tellers for the Ayes:
Williams, Rt Hon Alan (Swansea W) Jim Fitzpatrick and Dan Norris.
Ainsworth, Peter (E Surrey) Garnier, Edward
Allan, Richard George, Andrew (St Ives)
Amess, David Gibb, Nick
Ancram, Rt Hon Michael Goodman, Paul
Arbuthnot, Rt Hon James Gray, James
Atkinson, David (Bour'mth E) Grayling, Chris
Atkinson, Peter (Hexham) Green, Damian (Ashford)
Bacon, Richard Green, Matthew (Ludlow)
Baker, Norman Greenway, John
Barker, Gregory Grieve, Dominic
Baron, John Gummer, Rt Hon John
Barrett, John Hague, Rt Hon William
Beith, Rt Hon A J Hammond, Philip
Bellingham, Henry Harris, Dr Evan (Oxford W)
Beresford, Sir Paul Harvey, Nick
Blunt, Crispin Hawkins, Nick
Boswell, Tim Hayes, John
Brady, Graham Heald, Oliver
Brake, Tom Heath, David
Brazier, Julian Heathcoat-Amory, Rt Hon David
Breed, Colin Hendry, Charles
Brooke, Mrs Annette L Hoban, Mark
Browning, Mrs Angela Holmes, Paul
Bruce, Malcolm Horam, John
Burnett, John Howard, Rt Hon Michael
Burnside, David Jack, Rt Hon Michael
Burstow, Paul Jackson, Robert (Wantage)
Butterfill, John Jenkin, Bernard
Cable, Dr Vincent Johnson, Boris (Henley)
Calton, Mrs Patsy Jones, Nigel (Cheltenham)
Cameron, David Keetch, Paul
Campbell, Rt Hon Menzies (NE Fife) Kennedy, Rt Hon Charles (Ross Skye & Inverness W)
Carmichael, Alistair Key, Robert
Cash, William Knight, Rt Hon Greg (E Yorkshire)
Chapman, Sir Sydney (Chipping Barnet) Laing, Mrs Eleanor
Lansley, Andrew
Chidgey, David Laws, David
Chope, Christopher Leigh, Edward
Clifton-Brown, Geoffrey Liddell-Grainger, Ian
Collins, Tim Lidington, David
Cotter, Brian Lilley, Rt Hon Peter
Cran, James Llwyd, Elfyn
Curry, Rt Hon David Loughton, Tim
Davey, Edward (Kingston) Luff, Peter
Davies, Quentin (Grantham) McIntosh, Miss Anne
Davis, Rt Hon David (Haltemprice) MacKay, Rt Hon Andrew
Djanogly, Jonathan Maclean, Rt Hon David
Dodds, Nigel McLoughlin, Patrick
Donaldson, Jeffrey M Malins, Humfrey
Doughty, Sue Maude, Rt Hon Francis
Duncan Smith, Rt Hon Iain Mawhinney, Rt Hon Sir Brian
Evans, Nigel May, Mrs Theresa
Fabricant, Michael Mercer, Patrick
Fallon, Michael Mitchell, Andrew (Sutton Coldfield)
Field, Mark (Cities of London) Moss, Malcolm
Flight, Howard Murrison, Dr Andrew
Flook, Adrian Oaten, Mark
Forth, Rt Hon Eric O'Brien, Stephen (Eddisbury)
Gale, Roger Öpik, Lembit
Osborne, George (Tatton) Stunell, Andrew
Ottaway, Richard Swayne, Desmond
Page, Richard Swire, Hugo
Paice, James Syms, Robert
Paterson, Owen Taylor, Ian (Esher & Walton)
Pickles, Eric Taylor, John (Solihull)
Price, Adam Taylor, Matthew (Truro)
Prisk, Mark Taylor, Dr Richard (Wyre F)
Pugh, Dr John Taylor, Sir Teddy
Randall, John Thurso, John
Redwood, Rt Hon John Tredinnick, David
Reid, Alan (Argyll &Bute) Turner, Andrew (Isle of Wight)
Rendel, David Tyler, Paul
Robathan, Andrew Tyrie, Andrew
Robertson, Hugh (Faversham) Viggers, Peter
Robertson, Laurence (Tewk'b'ry) Waterson, Nigel
Robinson, Mrs Iris (Strangford) Watkinson, Angela
Robinson, Peter (Belfast E) Webb, Steve
Whittinadale John
Rosindell, Andrew Wiggin Bill
Ruffley, David Wilkinson, John
Russell, Bob (Colchester) Willetts, David
Sanders, Adrian Williams, Hywel (Caemarfon)
Sayeed, Jonathan Williams, Roger (Brecon)
Shephard, Rt Hon Mrs Gillian Willis, Phil
Smith, Sir Robert (W Ab'd'ns) Wilshire, David
Spelman, Mrs Caroline Winterton, Mrs Ann (Congleton)
Spicer, Sir Michael Yeo, Tim
Spink, Bob Young, Rt Hon Sir George
Spring, Richard
Stanley, Rt Hon Sir John Tellers for the Noes:
Steen, Anthony Mrs. Cheryl Gillan and Dr. Julian Lewis.
Streeter, Gary

Question accordingly agreed to.

Main Question, as amended, put:—

The House proceeded to a division.

Mr. Deputy Speaker

I ask the Serjeant at arms to check whether the division bells are functioning properly.

The House having divided: ayes 312, Noes 169.

Division No. 155] [6.54 pm
Ainger, Nick Brown, Rt Hon Nicholas (Newcastle E & Wallsend)
Ainsworth, Bob (Cov'try NE)
Alexander, Douglas Brown, Russell (Dumfries)
Allen, Graham Browne, Desmond
Anderson, Rt Hon Donald (Swansea E) Bryant, Chris
Burden, Richard
Anderson, Janet (Rossendale) Burgon, Colin
Armstrong, Rt Hon Ms Hilary Burnham, Andy
Atherton, Ms Candy Byers, Rt Hon Stephen
Atkins, Charlotte Cairns, David
Austin, John Campbell, Alan (Tynemouth)
Baird, Vera Campbell, Mrs Anne (C'bridge)
Banks, Tony Campbell, Ronnie (Blyth V)
Barron, Kevin Caplin, Ivor
Battle, John Casale, Roger
Bayley, Hugh Caton, Martin
Bell, Stuart Cawsey, Ian
Benn, Hilary Challen, Colin
Benton, Joe Chapman, Ben (Wirral S)
Best, Harold Chaytor, David
Blackman, Liz Clapham, Michael
Blears, Ms Hazel Clark, Mrs Helen (Peterborough)
Blizzard, Bob Clark, Dr Lynda (Edinburgh Pentlands)
Boateng, Rt Hon Paul
Borrow, David Clark, Paul (Gillingham)
Bradley, Rt Hon Keith (Withington) Clarke, Rt Hon Tom (Coatbridge)
Bradley, Peter (The Wrekin) Clelland, David
Bradshaw, Ben Coffey, Ms Ann
Brennan, Kevin Cohen, Harry
Coleman, Iain Howells, Dr Kim
Colman, Tony Hoyle, Lindsay
Cooper, Yvette Hughes, Beverley (Stretford)
Corston, Jean Hughes, Kevin (Doncaster N)
Cousins, Jim Hurst, Alan
Cranston, Ross Hutton, Rt Hon John
Cruddas, Jon Iddon, Dr Brian
Cummings, John Jackson, Glenda (Hampstead)
Cunningham, Rt Hon Dr Jack (Copeland) Jackson, Helen (Hillsborough)
Jones, Helen (Warrington N)
Cunningham, Jim (Cov'try S) Jones, Jon Owen (Cardiff C)
Cunningham, Tony (Workington) Jones, Lynne (Selly Oak)
Dalyell, Tam Joyce, Eric
Darling, Rt Hon Alistair Kaufman, Rt Hon Gerald
Davey, Valerie (Bristol W) Keeble, Ms Sally
David, Wayne Keen, Alan (Feltham & Heston)
Davies, Rt Hon Denzil (Llanelli) Keen, Ann (Brentford & Isleworth)
Davies, Geraint (Croydon C) Kemp, Fraser
Dean, Mrs Janet Kennedy, Jane (Wavertree)
Denham, Rt Hon John Khabra, Piara S
Dhanda, Parmjit Kidney, David
Dobbin, Jim Kilfoyle, Peter
Donohoe, Brian H King, Andy (Rugby & Kenilworth)
Doran, Frank King, Ms Oona (Bethnal Green)
Dowd, Jim Kumar, Dr Ashok
Drew, David Ladyman, Dr Stephen
Drown, Ms Julia Lammy, David
Eagle, Maria (L'pool Garston) Laxton, Bob
Edwards, Huw Lazarowicz, Mark
Efford, Clive Lepper, David
Ellman, Mrs Louise Leslie, Christopher
Ennis, Jeff Levitt, Tom
Etherington, Bill Lewis, Ivan (Bury S)
Fisher, Mark Lewis, Terry (Worsley)
Fitzsimons, Mrs Lorna Liddell, Rt Hon Mrs Helen
Flint, Caroline Linton, Martin
Flynn, Paul Lloyd, Tony
Follett, Barbara Love, Andrew
Foster, Rt Hon Derek Lucas, Ian
Foster, Michael (Worcester) Luke, Iain
Foster, Michael Jabez (Hastings) Lyons, John
Foulkes, George McAvoy, Thomas
Francis, Dr Hywel McCafferty, Chris
Galloway, George McCartney, Rt Hon Ian
Gapes, Mike McDonagh, Siobhain
Gardiner, Barry MacDonald, Calum
Gilroy, Linda MacDougall, John
Godsiff, Roger McFall, John
Goggins, Paul McGuire, Mrs Anne
Griffiths, Jane (Reading E) McIsaac, Shona
Griffiths, Win (Bridgend) McKechin, Ann
Grogan, John Mackinlay, Andrew
Hain, Rt Hon Peter McNamara, Kevin
Hall, Mike (Weaver Vale) McNulty, Tony
Hall, Patrick (Bedford) Mactaggart, Fiona
Hamilton, David (Midlothian) McWalter, Tony
Hamilton, Fabian (Leeds NE) McWilliam, John
Hanson, David Mahmood, Khalid
Harman, Rt Hon Ms Harriet Mallaber, Judy
Harris, Tom (Glasgow Cathcart) Mann, John
Havard, Dai Marsden, Gordon (Blackpool S)
Healey, John Marshall, Jim (Leicester S)
Henderson, Doug (Newcastle N) Martlew, Eric
Henderson, Ivan (Harwich) Meacher, Rt Hon Michael
Hendrick, Mark Meale, Alan
Hepburn, Stephen Merron, Gillian
Heppell, John Michael, Rt Hon Alun
Hermon, Lady Milburn, Rt Hon Alan
Hesford, Stephen Miliband, David
Heyes, David Miller, Andrew
Hill, Keith Mitchell, Austin (Gt Grimsby)
Hinchliffe, David Moffatt, Laura
Hoey, Kate Mole, Chris
Hope, Phil Moonie, Dr Lewis
Howarth, Rt Hon Alan (Newport E) Moran, Margaret
Howarth, George (Knowsley N) Morgan, Julie
Morris, Rt Hon Estelle Smith, John (Glamorgan)
Mudie, George Smith, Llew (Blaenau Gwent)
Mullin, Chris Soley, Clive
Murphy, Denis (Wansbeck) Southworth, Helen
Murphy, Jim (Eastwood) Spellar, Rt Hon John
Murphy, Rt Hon Paul (Torfaen) Starkey, Dr Phyllis
Naysmith, Dr Doug Steinberg, Gerry
O'Brien, Mike (N Warks) Stevenson, George
O'Hara, Edward Stewart, Ian (Eccles)
Olner, Bill Stinchcombe, Paul
O'Neill, Martin Stoate, Dr Howard
Organ, Diana Strang, Rt Hon Dr Gavin
Osborne, Sandra (Ayr) Straw, Rt Hon Jack
Owen, Albert Stringer, Graham
Palmer, Dr Nick Stuart, Ms Gisela
Pearson, Ian Sutcliffe, Gerry
Perham, Linda Taylor, Rt Hon Ann (Dewsbury)
Picking, Anne Taylor, Ms Dari (Stockton S)
Pickthall, Colin Taylor, David (NW Leics)
Plaskitt, James Thomas, Gareth (Clwyd W)
Pollard, Kerry Thomas, Gareth R (Harrow W)
Pond, Chris Timms, Stephen
Pope, Greg Tipping, Paddy
Prentice, Ms Bridget (Lewisham E) Todd, Mark
Prentice, Gordon (Pendle) Touhig, Don
Prescott, Rt Hon John Truswell, Paul
Primarolo, Dawn Turner, Dennis (Wolverh'ton SE)
Prosser, Gwyn Turner, Dr Desmond (Kemptown)
Quin, Rt Hon Joyce Turner, Neil (Wigan)
Quinn Lawrie Twigg, Derek (Halton)
Rammell, Bill Twigg, Stephen (Enfield)
Vaz Keith
Raynsford, Rt Hon Nick Vis Dr Rudi
Reed, Andy (Loughborough) Walley, Ms Joan
Reid, Rt Hon Dr John (Hamilton N) Ward Ms Claire
Robinson, Geoffrey (Cov'try NW) Wareing, Robert N
Roche, Mrs Barbara Watts, David
Rooney, Terry White, Brian
Ross, Ernie Whitehead, Dr Alan
Ruddock, Joan Wicks, Malcolm
Russell, Ms Christine (Chester) Williams, Rt Hon Alan (Swansea W)
Ryan, Joan
Sarwar, Mohammad Williams, Mrs Betty (Conwy)
Savidge, Malcolm Wilson, Brian
Sawford, Phil Winnick, David
Shaw, Jonathan Winterton, Ms Rosie (Doncaster C)
Sheerman, Barry Woodward, Shaun
Sheridan, Jim Woolas, Phil
Shipley, Ms Debra Worthington, Tony
Simpson, Alan (Nottingham S) Wright, Anthony D (Gt Yarmouth)
Skinner, Dennis Wright, David (Telford)
Smith, Rt Hon Andrew (Oxford E) Wyatt, Derek
Smith, Angela (Basildon)
Smith, Rt Hon Chris (Islington S) Tellers for the Ayes:
Smith, Geraldine (Morecambe) Jim Fitzpatrick and Dan Norris.
Smith, Jacqui (Redditch)
Ainsworth, Peter (E Survey) Brake, Tom
Allan, Richard Brazier, Julian
Amess, David Breed, Colin
Ancram, Rt Hon Michael Brooke, Mrs Annette L
Arbuthnot, Rt Hon James Browning, Mrs Angela
Atkinson, David (Bour'mth E) Burnett, John
Atkinson, Peter (Hexham) Burnside, David
Bacon, Richard Burstow, Paul
Baker, Norman Butterfill, John
Barker, Gregory Cable, Dr Vincent
Baron, John Calton, Mrs Patsy
Barrett, John Cameron, David
Beith, Rt Hon A J Campbell, Rt Hon Menzies (NE Fife)
Bellingham, Henry
Beresford, Sir Paul Carmichael, Alistair
Blunt, Crispin Cash, William
Boswell, Tim Chapman, Sir Sydney (Chipping Barnet)
Brady, Graham
Chidgey, David Maude, Rt Hon Francis
Chope, Christopher Mawhinney, Rt Hon Sir Brian
Clifton-Brown, Geoffrey May, Mrs Theresa
Cotter, Brian Mercer, Patrick
Cran, James Mitchell, Andrew (Sutton Coldfield)
Curry, Rt Hon David Moss, Malcolm
Davey, Edward (Kingston) Murrison, Dr Andrew
Davies, Quentin (Grantham) Oaten, Mark
Davis, Rt Hon David (Haltemprice) O'Brien, Stephen (Eddisbury)
Djanogly, Jonathan Osborne, George (Tatton)
Dodds, Nigel Page, Richard
Doughty, Sue Paice, James
Duncan Smith, Rt Hon Iain Pickles, Eric
Evans, Nigel Price, Adam
Fabricant, Michael Prisk, Mark
Fallon, Michael Pugh, Dr John
Field, Mark (Cities of London) Randall, John
Flight, Howard Redwood, Rt Hon John
Flook, Adrian Reid, Alan (Argyll & Bute)
Forth, Rt Hon Eric Rendel, David
Gale, Roger Robathan, Andrew
Garnier, Edward Robertson, Hugh (Faversham)
George, Andrew (St Ives) Robertson, Laurence (Tewk'b'ry)
Gibb, Nick Robinson, Mrs Iris (Strangford)
Goodman, Paul Robinson, Peter (Belfast E)
Gray, James Rosindell, Andrew
Grayling, Chris Ruffley, David
Green, Damian (Ashford) Russell, Bob (Colchester)
Green, Matthew (Ludlow) Sanders, Adrian
Greenway, John Sayeed, Jonathan
Grieve, Dominic Shephard, Rt Hon Mrs Gillian
Gummer, Rt Hon John Smith, Sir Robert (W Ab'd'ns)
Hague, Rt Hon William Spelman, Mrs Caroline
Hammond, Philip Spicer, Sir Michael
Harris, Dr Evan (Oxford W) Spink, Bob
Harvey, Nick Spring, Richard
Hawkins, Nick Stanley, Rt Hon Sir John
Hayes, John Steen, Anthony
Heald, Oliver Streeter, Gary
Heath, David Stunell, Andrew
Heathcoat-Amory, Rt Hon David Swayne, Desmond
Hendry, Charles Swire, Hugo
Hoban, Mark Syms, Robert
Holmes, Paul Taylor, Ian (Esher & Walton)
Horam, John Taylor, John (Solihull)
Howard, Rt Hon Michael Taylor, Dr Richard (Wyre F)
Jack, Rt Hon Michael Taylor, Sir Teddy
Thurso, John
Jackson, Robert (Wantage) Tredinnick, David
Jenkin, Bernard Turner, Andrew (Isle of Wight)
Johnson, Boris (Henley) Tyler, Paul
Jones, Nigel (Cheltenham) Tyrie, Andrew
Keetch, Paul Viggers, Peter
Key, Robert Waterson, Nigel
Knight, Rt Hon Greg (E Yorkshire) Watkinson, Angela
Laing, Mrs Eleanor Webb, Steve
Lansley, Andrew Whittingdale, John
Laws, David Wiggin, Bill
Leigh, Edward Willetts, David
Liddell-Grainger, Ian Williams, Hywel (Caernarfon)
Lidington, David Williams, Roger (Brecon)
Lilley, Rt Hon Peter Willis, Phil
Llwyd, Elfyn Wilshire, David
Loughton, Tim Winterton, Mrs Ann (Congleton)
Luff, Peter Yeo, Tim
McIntosh, Miss Anne Young, Rt Hon Sir George
MacKay, Rt Hon Andrew
Maclean, Rt Hon David Tellers for the Noes:
McLoughlin, Patrick Mrs.Cheryl Gillan and Dr. Julian Lewis.
Malins, Humfrey

Question accordingly agreed to.

Resolved, That the Education Bill, as amended, be considered in the following order, namely, new Clauses relating to Part 1, new Clauses relating to Part 2, new Clause 1, new Clause 2, new Clause 18, new Clause 3, new Clause 4, new Clause 7, new Clause 8, new Clause 9, new Clause 12, new Clauses relating to Part 4, new Clauses relating to Part 5, new Clauses relating to Part 6, new Clauses relating to Part 7, new Clauses relating to Part 8, new Clauses relating to Part 9, new Clauses relating to Part 10, other new Clauses, amendments relating to Clauses 1 to 18, Schedule I, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 48, Schedule 4, Clauses 49 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 62, Schedule 7, Clauses 63 to 66, Schedule 8, Clauses 67 and 68, Schedule 9, Clauses 69 to 71, Schedule 10. Clauses 72 to 115, Schedule 11, Clauses 116 to 143, Schedule 12, Clauses 144 to 147, Schedule 13, Clauses 148 to 150, Schedule 14, Clauses 151 to 180, Schedule 15, Clause 181, Schedule 16, Clause 182, Schedule 17, Clauses 183 to 188, Schedule 18, Clauses 189 to 192, Schedule 19, Clauses 193 to 198, Schedule 20, Clauses 199 to 209, Schedules 21 and 22, new Schedules.

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