- '(1) It shall not be required, as a condition of a pupil being admitted to a maintained school, that:
- (a) he must attend or abstain from attending a place of religious worship;
- (b) his parents or guardians must attend or abstain from attending a place of religious worship;
- (c)the pupil, his parent(s) or guardian(s) belong to a particular faith or denomination.
- (2)The local education authority after consultation with the admission forum may by regulation authorise that, notwithstanding (1) a maintained school may admit between 20 per cent. and 75 per cent. of pupils who have a particular faith or denomination.
- (3)Where the local education authority is informed that there are sufficient applications to a particular maintained school to fill the available places, the local education authority may after consultation with the admission forum authorise an increase up to 100 per cent. in the numbers of pupils admitted who are of the particular faith or denomination of the maintained school in question.
- (4)This section shall only have effect in respect of schools established after the coming into force of this Act.'.—[Mr. Willis.]
§ Brought up, and read the First time.
§ Motion made, and Question put, That the clause be read a Second time:—
§ The House divided: Ayes 86, Noes 409.
964| Division No. 158] | 9.58 pm |
| AYES | |
| Allan, Richard | Keetch, Paul |
| Allen, Graham | Kennedy, Rt Hon Charles |
| Barrett, John | (Ross Skye & Inverness W) |
| Beith, Rt Hon A J | Laws, David |
| Bennett, Andrew | Lewis, Terry (Worsley) |
| Best, Harold | Llwyd, Elfyn |
| Breed, Colin | McCafferty, Chris |
| Brooke, Mrs Annette L | McDonnell, John |
| Bruce, Malcolm | MacKay, Rt Hon Andrew |
| Burstow, Paul | Mahon, Mrs Alice |
| Calton, Mrs Patsy | Mullin, Chris |
| Campbell, Rt Hon Menzies | Oaten, Mark |
| (NE Fife) | O'Neill, Martin |
| Carmichael, Alistair | Öpik, Lembit |
| Challen, Colin | Prentice, Gordon (Pendle) |
| Chaytor, David | Price, Adam |
| Clapham, Michael | Prosser, Gwyn |
| Clwyd, Ann | Reid, Alan (Argyll & Bute) |
| Corbyn, Jeremy | Rendel, David |
| Cryer, Mrs Ann (Keighley) | Russell, Bob (Colchester) |
| Dalyell, Tam | Sanders, Adrian |
| Davey, Edward (Kingston) | Sedgemore, Brian |
| Dean, Mrs Janet | Simpson, Alan (Nottingham S) |
| Dobson, Rt Hon Frank | Skinner, Dennis |
| Doughty, Sue | Smith, Rt Hon Chris (Islington S) |
| Dunwoody, Mrs Gwyneth | Smith, Sir Robert (W Ab'd'ns) |
| Efford, Clive | Soley, Clive |
| Fisher, Mark | Steinberg, Gerry |
| Flynn, Paul | Stunell, Andrew |
| George, Andrew (St Ives) | Taylor, David (NW Leics) |
| Gerrard, Neil | Taylor, Matthew (Truro) |
| Gidley, Sandra | Taylor, Dr Richard (Wyre F) |
| Green, Matthew (Ludlow) | Thomas, Simon (Ceredigion) |
| Griffiths, Jane (Reading E) | Thurso, John |
| Harris, Dr Evan (Oxford W) | Tyler, Paul |
| Harvey, Nick | Wareing, Robert N |
| Heath, David | Webb, Steve |
| Henderson, Doug (Newcastle N) | Williams, Hywel (Caemarfon) |
| Hermon, Lady | Williams, Roger (Brecon) |
| Hinchliffe, David | Willis, Phil |
| Holmes, Paul | Wright, Tony (Cannock) |
| Hopkins, Kelvin | Younger-Ross, Richard |
| Hughes, Simon (Southwark N) | |
| Illsley, Eric | Tellers for the Ayes: |
| Jackson, Glenda (Hampstead) | Mr. Jon Owen Jones and Tom Brake |
| Jones, Nigel (Cheltenham) | |
| NOES | |
| Ainger, Nick | Anderson, Rt Hon Donald |
| Ainsworth, Bob (Cov'try NE) | (Swansea E) |
| Alexander, Douglas | Anderson, Janet (Rossendale) |
| Arbuthnot, Rt Hon James | |
| Amess, David | Armstrong, Rt Hon Ms Hilary |
| Ancram, Rt Hon Michael | Atherton, Ms Candy |
| Atkins, Charlotte | Conway, Derek |
| Atkinson, David (Bour'mth E) | Cormack, Sir Patrick |
| Atkinson, Peter (Hexham) | Cotter, Brian |
| Bacon, Richard | Cousins, Jim |
| Baird, Vera | Cran, James |
| Baldry, Tony | Cruddas, Jon |
| Barker, Gregory | Cummings, John |
| Baron, John | Cunningham, Rt Hon Dr Jack |
| Barron, Kevin | (Copeland) |
| Battle, John | Cunningham, Jim (Cov'try S) |
| Bayley, Hugh | Cunningham, Tony (Workington) |
| Beard, Nigel | Darling, Rt Hon Alistair |
| Bell, Stuart | David, Wayne |
| Bellingham, Henry | Davies, Rt Hon Denzil (Llanelli) |
| Benn, Hilary | Davies, Geraint (Croydon C) |
| Benton, Joe | Davies, Quentin (Grantham) |
| Bercow, John | Davis, Rt Hon David (Haltemprice) |
| Beresford, Sir Paul | Davis, Rt Hon Terry(B'ham Hodge H) |
| Blackman, Liz | |
| Blears, Ms Hazel | Dawson, Hilton |
| Blizzard, Bob | Denham, Rt Hon John |
| Blunkett, Rt Hon David | Dhanda, Parmjit |
| Blunt, Crispin | Djanogly, Jonathan |
| Boateng, Rt Hon Paul | Dobbin, Jim |
| Borrow, David | Dodds, Nigel |
| Boswell, Tim | Donohoe, Brian H |
| Bottomley, Peter (Worthing W) | Dowd, Jim |
| Bottomley, Rt Hon Virginia | Drew, David |
| Bradley, Rt Hon Keith (Withington) | Eagle, Angela (Wallasey) |
| Bradley, Peter (The Wrekin) | Eagle, Maria (L'pool Garston) |
| Bradshaw, Ben | Edwards, Huw |
| Brady, Graham | Ellman, Mrs Louise |
| Brazier, Julian | Ennis, Jeff |
| Brennan, Kevin | Etherington, Bill |
| Brown, Rt Hon Nicholas | Fabricant, Michael |
| (Newcastle E & Wallsend) | Farrelly, Paul |
| Brown, Russell (Dumfries) | Field, Rt Hon Frank (Birkenhead) |
| Browne, Desmond | Field, Mark (Cities of London) |
| Browning, Mrs Angela | Fitzpatrick, Jim |
| Bryant, Chris | Fitzsimons, Mrs Lorna |
| Burden, Richard | Flint, Caroline |
| Burgon, Colin | Flook, Adrian |
| Burnett, John | Forth, Rt Hon Eric |
| Burnham, Andy | Foster, Rt Hon Derek |
| Burt, Alistair | Foster, Michael (Worcester) |
| Butterfill, John | Foster, Michael Jabez (Hastings) |
| Byers, Rt Hon Stephen | Foulkes, George |
| Cairns, David | Francis, Dr Hywel |
| Cameron, David | Francois, Mark |
| Campbell, Alan (Tynemouth) | Gale, Roger |
| Campbell, Mrs Anne (C'bridge) | Galloway, George |
| Campbell, Ronnie (Blyth V) | Gardiner, Barry |
| Caplin, Ivor | Garnier, Edward |
| Casale, Roger | Gibb, Nick |
| Cash, William | Gillan, Mrs Cheryl |
| Cawsey, Ian | Gilroy, Linda |
| Chapman, Ben (Wirral S) | Godsiff, Roger |
| Chapman, Sir Sydney(Chipping Barnet) | Goggins, Paul |
| Goodman, Paul | |
| Chope, Christopher | Gray, James |
| Clappison, James | Grayling, Chris |
| Clark, Mrs Helen (Peterborough) | Green, Damian (Ashford) |
| Clark, Dr Lynda | Greenway, John |
| (Edinburgh Pentlands) | Grieve, Dominic |
| Clark, Paul (Gillingham) | Grogan, John |
| Clarke, Rt Hon Charles | Gummer, Rt Hon John |
| (Norwich S) | Hain, Rt Hon Peter |
| Clarke, Rt Hon Tom (Coatbridge) | Hall, Mike (Weaver Vale) |
| Clelland, David | Hall, Patrick (Bedford) |
| Clifton-Brown, Geoffrey | Hamilton, David (Midlothian) |
| Coaker, Vernon | Hamilton, Fabian (Leeds NE) |
| Coffey, Ms Ann | Hammond, Philip |
| Cohen, Harry | Hanson, David |
| Coleman, Iain | Harman, Rt Hon Ms Harriet |
| Collins, Tim | Harris, Tom (Glasgow Cathcart) |
| Connarty, Michael | Hawkins, Nick |
| Heald, Oliver | McDonagh, Siobhain |
| Healey, John | MacDonald, Calum |
| Heathcoat-Amory, Rt Hon David | MacDougall, John |
| Henderson, Ivan (Harwich) | McGuire, Mrs Anne |
| Hendrick, Mark | McIntosh, Miss Anne |
| Hendry, Charles | McIsaac, Shona |
| Hepburn, Stephen | McKechin, Ann |
| Heppell, John | McKenna, Rosemary |
| Hesford, Stephen | Mackinlay, Andrew |
| Heyes, David | Maclean, Rt Hon David |
| Hill, Keith | McLoughlin, Patrick |
| Hoban, Mark | McNulty, Tony |
| Hodge, Margaret | Mactaggart, Fiona |
| Hoey, Kate | McWalter, Tony |
| Hope, Phil | McWilliam, John |
| Horam, John | Mahmood, Khalid |
| Howarth, George (Knowsley N) | Malins, Humfrey |
| Howells, Dr Kim | Mallaber, Judy |
| Hoyle, Lindsay | Mann, John |
| Hughes, Beverley (Stretford) | Maples, John |
| Hughes, Kevin (Doncaster N) | Marsden, Gordon (Blackpool S) |
| Hunter, Andrew | Marshall, Jim (Leicester S) |
| Hurst, Alan | Martlew, Eric |
| Hutton, Rt Hon John | Maude, Rt Hon Francis |
| Iddon, Dr Brian | Mawhinney, Rt Hon Sir Brian |
| Ingram, Rt Hon Adam | May, Mrs Theresa |
| Jack, Rt Hon Michael | Meale, Alan |
| Jackson, Helen (Hillsborough) | Merron, Gillian |
| Jackson, Robert (Wantage) | Michael, Rt Hon Alun |
| Jenkin, Bernard | Milburn, Rt Hon Alan |
| Johnson, Alan (Hull W & Hessle) | Miliband, David |
| Johnson, Boris (Henley) | Miller, Andrew |
| Jones, Helen (Warrington N) | Mitchell, Andrew (Sutton Coldfield) |
| Jones, Martyn (Clwyd S) | Mitchell, Austin (Gt Grimsby) |
| Jowell, Rt Hon Tessa | Moffatt, Laura |
| Joyce, Eric | Mole, Chris |
| Kaufman, Rt Hon Gerald | Moonie, Dr Lewis |
| Keeble, Ms Sally | Moran, Margaret |
| Keen, Alan (Feltham & Heston) | Morgan, Julie |
| Keen, Ann (Brentford & Isleworth) | Morris, Rt Hon Estelle |
| Key, Robert | Moss, Malcolm |
| Khabra, Piara S | Mudie, George |
| Kidney, David | Murphy, Denis (Wansbeck) |
| Kilfoyle, Peter | Murphy, Jim (Eastwood) |
| King, Andy (Rugby & Kenilworth) | Murphy, Rt Hon Paul (Torfaen) |
| Kirkbride, Miss Julie | Murrison, Dr Andrew |
| Knight, Rt Hon Greg (E Yorkshire) | Naysmith, Dr Doug |
| Kumar, Dr Ashok | Norman, Archie |
| Ladyman, Dr Stephen | Norris, Dan |
| Laing, Mrs Eleanor | O'Brien, Bill (Normanton) |
| Lait, Mrs Jacqui | O'Brien, Stephen (Eddisbury) |
| Lammy, David | O'Hara, Edward |
| Lansley, Andrew | Organ, Diana |
| Laxton, Bob | Osborne, George (Tatton) |
| Lazarowicz, Mark | Osborne, Sandra (Ayr) |
| Leigh, Edward | Ottaway, Richard |
| Lepper, David | Owen, Albert |
| Leslie, Christopher | Page, Richard |
| Letwin, Oliver | Paice, James |
| Levitt, Tom | Palmer, Dr Nick |
| Lewis, Ivan (Bury S) | Paterson, Owen |
| Lewis, Dr Julian (New Forest E) | Perham, Linda |
| Liddell, Rt Hon Mrs Helen | Picking, Anne |
| Liddell Grainger, Ian | Pickles, Eric |
| Lidington, David | Pickthall, Colin |
| Lilley, Rt Hon Peter | Plaskitt, James |
| Linton, Martin | Pollard, Kerry |
| Lloyd, Tony | Pond,Chris |
| Loughton, Tim | Pope, Greg |
| Love, Andrew | Portillo, Rt Hon Michael |
| Lucas, Ian | Prentice, Ms Bridget (Lewisham E) |
| Luff, Peter | Primarolo, Dawn |
| Luke, Iain | Prisk, Mark |
| Lyons, John | Quin, Rt Hon Joyce |
| McAvoy, Thomas | Quinn, Lawrie |
| McCartney, Rt Hon Ian | Rammell, Bill |
| Randall, John | Swire, Hugo |
| Raynsford, Rt Hon Nick | Syms, Robert |
| Reed, Andy (Loughborough) | Tapsell, Sir Peter |
| Reid, Rt Hon Dr John (Hamilton N) | Taylor, Rt Hon Ann (Dewsbury) |
| Robathan, Andrew | Taylor, Ms Dari (Stockton S) |
| Robertson, Hugh (Faversham) | Taylor, John (Solihull) |
| Robertson, Laurence (Tewk'b'ry) | Taylor, Sir Teddy |
| Robinson, Mrs Iris (Strangford) | Thomas, Gareth (Clwyd W) |
| Robinson, Peter (Belfast E) | Thomas, Gareth R (Harrow W) |
| Roche, Mrs Barbara | Timms, Stephen |
| Roe, Mrs Marion | Tipping, Paddy |
| Rooney, Terry | Todd, Mark |
| Rosindell, Andrew | Touhig, Don |
| Ross, Ernie | Tredinnick, David |
| Ruffley, David | Trend, Michael |
| Russell, Ms Christine (Chester) | Turner, Andrew (Isle of Wight) |
| Ryan, Joan | Turner, Dennis (Wolverh'ton SE) |
| Salter, Martin | Turner, Dr Desmond (Kemptown) |
| Sarwar, Mohammad | Turner, Neil (Wigan) |
| Sawford, Phil | Twigg, Derek (Halton) |
| Sayeed, Jonathan | Twigg, Stephen (Enfield) |
| Shaw, Jonathan | Tyrie, Andrew |
| Sheerman, Barry | Vaz, Keith |
| Shephard, Rt Hon Mrs Gillian | Viggers, Peter |
| Sheridan, Jim | Walley, Ms Joan |
| Simmonds, Mark | Ward, Ms Claire |
| Simon, Siôn | Waterson, Nigel |
| Simpson, Keith (Mid-Norfolk) | Watkinson, Angela |
| Singh, Marsha | Watts, David |
| Smith, Rt Hon Andrew (Oxford E) | White, Brian |
| Smith, Angela (Basildon) | Whitehead, Dr Alan |
| Smith, Geraldine(Morecambe) | Whittingdale, John |
| Wicks, Malcolm | |
| Smith, Jacqui (Redditch) | Widdecombe, Rt Hon Miss Ann |
| Smith, John (Glamorgan) | Wiggin, Bill |
| Soames, Nicholas | Wilkinson, John |
| Southworth, Helen | Willetts, David |
| Spellar, Rt Hon John | Williams, Mrs Betty (Conwy) |
| Spelman, Mrs Caroline | Wills, Michael |
| Spicer, Sir Michael | Winnick, David |
| Spink, Bob | Winterton, Nicholas (Macclesfield) |
| Spring, Richard | Winterton, Ms Rosie (Doncaster C) |
| Starkey, Dr Phyllis | Woolas, Phil |
| Steen, Anthony | Worthington, Tony |
| Stewart, Ian (Eccles) | Wright, Anthony D (Gt Yarmouth) |
| Stinchcombe, Paul | Wright, David (Telford) |
| Stoate, Dr Howard | Wyatt, Derek |
| Strang, Rt Hon Dr Gavin | Yeo, Tim |
| Streeter, Gary | Young, Rt Hon Sir George |
| Stringer, Graham | |
| Stuart, Ms Gisela | Tellers for the Noes: |
| Sutcliffe, Gerry | Mr. Fraser Kemp and Mr. Ian Pearson. |
| Swayne, Desmond |
§ Question accordingly negatived.
§ Mr. Eric Forth (Bromley and Chislehurst)On a point of order, Mr. Speaker, The House is now in an impossible position. With less than an hour to go, by my calculation, we still have 16 groups of amendments to consider, including eight new clauses, 35 Government amendments and about 70 other amendments. While we have been considering this very important Bill, Government Members have taken up almost 200 minutes, as opposed to 160 minutes for the Opposition. How can we tell the world that we have considered the Bill properly when so pathetically little time is left? May I, through you, ask the Government—there is still time for them to do this—either to allow us tonight to sit for as long as is necessary to do justice to the Bill, or failing that, to give us more time to consider it on another occasion, so that we can do our job properly?
§ Sir Patrick Cormack (South Staffordshire)Further to that point of order, Mr. Speaker. Would you be prepared to 965 consider a manuscript amendment? There are precedents for that. It seems to me that this is a mockery of parliamentary democracy. This is an extremely important Bill, and unless we do something, many issues of real significance will not be discussed at all. I could have a manuscript amendment with you within two minutes. I hope that you will be prepared to accept it.
§ Mr. SpeakerOrder. Let me respond to the points that have been made.
Under the present circumstances, the answer to whether I can accept a manuscript amendment is no.
§ Mr. SpeakerOrder. I am just about to say why, if the hon. Lady will let me. The House has agreed a programme motion, and I am a servant of the House, so I must abide by that decision. That is the good reason why I cannot accept a manuscript amendment. We must proceed with the agreed programme.
I can also tell the shadow Leader of the House that he has made his point and put these matters on the record. However, there is nothing that I can do to intervene in these matters. I think that the right hon. Gentleman raised the point of order originally to put certain matters on the record.
§ Mr. SpeakerThen, as far as I am concerned, it was not a point of order.
§ Mr. KaufmanOn a point of order, Mr. Speaker. Could you ask the Clerks to bring forward the record of the occasion when the Single European Act was guillotined through the House of Commons in 1985? The hon. Member for South Staffordshire (Sir Patrick Cormack) voted for that legislation to be guillotined through in far less time than has been allocated to this Bill.
§ Mr. SpeakerPerhaps I could ask the Clerks for that information, but I will not, because we have a programme motion before us.
§ Mr. McLoughlinOn a point of order, Mr. Speaker.
§ Mr. SpeakerIs it really a point of order?
§ Mr. McLoughlinI seek clarification from the Chair. You said that you could not accept a manuscript amendment because there was a programme motion. I am somewhat confused, therefore, about how the occupant of the Chair yesterday was able to accept a manuscript amendment, given that there was a programme motion before the House. Is there one rule for the Government and another for the Opposition?
§ Mr. SpeakerNo. I am even-handed in these matters, and I can tell the hon. Gentleman that this House has agreed to a programme motion.
§ Mr. McLoughlinWhat about yesterday?
§ Mr. SpeakerWell, today is another day. This House has agreed to a—[Interruption.] Order. Please allow me to speak. There is a programme motion before us, and we must go through the procedure of that motion.
§ Chris GraylingOn a point of order, Mr. Speaker.
§ Mr. SpeakerI advise the hon. Gentleman that he is eating into the time available. There has been a complaint that there is not enough time allowed by the programme motion, and yet the hon. Gentleman is eating into it.
§ Chris GraylingI simply seek clarification from the Chair, Mr. Speaker. A number of the clauses that are due to come up in the remainder of the debate were not debated in Committee, and I fear that there may not be time to debate them tonight. Can you clarify the status of those clauses as a result of that?
§ Mr. SpeakerThat is not a matter for me.
§ Sir Patrick CormackOn a point of order, Mr. Speaker.
§ Mr. SpeakerI hope that the hon. Gentleman is not going to continue along these lines.
§ Sir Patrick CormackNo, Mr. Speaker, I was going to ask you two things. First, I was going to ask you to remind the right hon. Member for Manchester, Gorton (Mr. Kaufman) that sinners can come to repentance. Secondly, I was going to ask whether you would be kind enough to refer the whole question of programme motions to the Select Committee on Procedure, because the present situation is manifestly unsatisfactory. Would you at least undertake to do that?
§ Mr. SpeakerThe hon. Gentleman has long experience of the House, and he knows that it is within his power to bring these matters before the Procedure Committee. There is no need for me to do that.
§ Mr. ForthOn a different point of order, Mr. Speaker. Now that the Leader of the House is with us—and I am delighted to see him in his place—will you extend to him the courtesy of allowing him to let us have the Government's thoughts on where we now find ourselves? Is the Leader of the House prepared to use his legendary ingenuity to find ways in which we can debate the Bill properly? As you rightly pointed out to the House, Mr. Speaker, a programme motion is in operation. However, the events of yesterday were not dissimilar to the circumstances prevailing today. Will you allow the Leader of the House the latitude to present to the House—and to you—a solution to the problem that we face?
§ Mr. SpeakerThe House has agreed a programme motion. I would not encourage the Leader of the House to come forward and interfere with that motion.