HL Deb 15 February 1990 vol 515 cc1467-71

3.27 p.m.

Baroness David asked Her Majesty's Government:

What information they have on the implementation of the requirement under the Education Reform Act 1988 for assemblies to be wholly or mainly of a Christian character.

Baroness Blatch

My Lords, the responsibility for implementing this requirement rests with the head teacher of each county school in consultation with the governors. In doing so the head is required to take into account the family backgrounds, ages and aptitudes of the pupils concerned. Schools are not required to submit information to the Government on the nature of the worship they provide. However, my right honourable friend the Secretary of State receives information on the quality of school provision generally through the reports of Her Majesty's Inspectors of Schools.

Baroness David

My Lords, I thank the Minister for that Answer. Do the Government propose to monitor the introduction of the provisions in the Education Reform Act relating to religious education and collective worship? Do they also propose to monitor the decisions of the standing advisory councils on religious education? They have the right under Section 7(6) of the Act to exempt county schools from observing those provisions if they think it appropriate to do so. Have there been any exemptions, and will that part be monitored?

Baroness Blatch

My Lords, I give an unequivocal yes to the monitoring of the quality of religious education in schools. Her Majesty's inspectors will do so in their routine full inspections. Early indications are that schools are making an effort to implement the Act, and the reports coming back are favourable. The reports of full inspections will be made public and religious education will form part of that process. Any breach of the law on the part of the LEA, the school or the standing advisory council will be followed up by the Department of Education and Science. There is also a mechanism for parents themselves to complain, in the first instance to governors, then to the LEA and in the final analysis to the DES itself.

Baroness Seear

My Lords, can the Minister explain how the department proposes to monitor the quality of prayer?

Baroness Blatch

My Lords, I think that I detect a note of facetiousness in that question. Clearly it would be difficult to monitor the quality of prayer. However, I think it is true to say that Parliament decreed that there should be a spiritual dimension to the education of our children; that it was important; that it should be wholly or mainly Christian; and that there should be flexible arrangements for those children, either in groups or whole schools, who are of another faith.

The Lord Bishop of Liverpool

My Lords, I think the Minister will agree that the factor which is perhaps the most decisive in determining whether acts of worship take place which engage and enliven pupils is whether teachers have the confidence, the skill and the conviction to plan them and ensure that they are carried through. However, can she tell us whether the DES is allotting extra funds—and, if so, how much —to support teachers' in-service training in this area?

Baroness Blatch

My Lords, I can confirm that the DES is awarding over £53 million in the current year for training. I entirely agree with the right reverend Prelate that the quality and liveliness of teaching in the subject will be paramount. I think that good and lively teaching will lead to a better quality of prayer; and perhaps that answers more fully the previous question.

Baroness Cox

My Lords, is my noble friend aware that there have been many exciting developments following the introduction of the Education Reform Act 1988; for example, the emergence of voluntary groups of teachers and parents, such as Christians and Tyneside Schools or Christians and Derbyshire Schools? Those groups help with the provision of school assemblies and some of them have actually raised money in order to fund full-time workers for the purpose. Does my noble friend agree that those developments, which foster greater links between the schools and the community in this way, are very greatly to be welcomed?

Baroness Blatch

My Lords, I do not hesitate to say how much those efforts are welcomed. Indeed, there are some exciting initiatives in this respect. The strength of the 1988 Act is that it involves parents and allows teachers who feel unhappy with this subject to bring in outside people who can enhance the quality of religious education in our schools.

Lord Taylor of Blackburn

My Lords, in view of the long and procrastinating discussions which took place when the legislation was passing through the House —noble Lords will remember that we spent many days on the matter; indeed, we extended the number of days originally set aside for the purpose —can the Minister give us an assurance that, instead of waiting for replies from HMIs, the department will monitor the situation very closely and will report back from time to time? I thought we had received such an assurance during the Committee stage of the Bill. It is now some 18 months since the implementation of the Act and we are still as far away as ever from a solution.

Baroness Blatch

My Lords, I hope that I can encourage the noble Lord. I understand that the first returns are expected in September. Therefore there will be some reporting back about the religious education situation and about the numbers of schools which have submitted a bid to have the requirements of the Act lifted. In that case there will be some feedback in the matter. However, of all the subjects which are to be taught in our schools I think that the involvement of parents and the Standing Advisory Council in this one will go a long way to ensure that monitoring is very much a lively and continuing process.

Lord Dormand of Easington

My Lords, does the Minister recall that in implementing the part of the Act to which my noble friend referred due and full regard had to be paid not only to those people who are not Christians but also to those who have no religious faith of any kind? In view of the fact that most people in this country are not now Christians will she ensure that HMIs monitor the position, because it can be most difficult for children who have to withdraw from such classes? Moreover, will she also ensure that at some point a report is made on how the implementation of this part of the Act is developing?

Baroness Blatch

My Lords, I must stress as strongly as I can that I do not accept the premise that the majority of people in this country are not Christians. Having said that, I think that the facility of opting out is very well known in our schools. Moreover, the incidence of taking up that option will rebut the statement made by the noble Lord.

Lord Peston

My Lords, the noble Baroness will no doubt remember how much work we put into this part of the 1988 Act. I assume that such work was put in in order that the provisions under the legislation would be obeyed. I wish to ask a question which has arisen in respect of other matters. It is about assemblies, not about religious education. I understood the Minister to say that a parent can complain if he believes that the Act is not being implemented properly in the case of a specific school. However, am I also correct in thinking that it now transpires that in such a case the parent has no redress in law?

Baroness Blatch

My Lords, I think I am right in saying that the noble Lord is wrong in his assumption. It is true that a parent can complain in the first instance to governors. They can make reference to the Standing Advisory Council, to the LEA itself and, in the last analysis, to the Department of Education and Science. Moreover, because this falls within a framework of law, if there is found to be a breach of that law then action can be taken.

Lord Peston

My Lords, I do not wish to pursue this too strongly, but it is an important matter. The noble Baroness says that action can be taken, but the question I asked was: who can take such action? In other words, is a parent in a position to take legal action directly, or does the parent have to rely upon the department doing this for him or her many years in the future when a particular case may no longer apply because the children concerned will have left the school? It is a most serious matter.

Baroness Blatch

My Lords, it is indeed a serious matter. I humbly attempt to answer the question in the presence of my noble and learned friend on the Woolsack. If a parent, having complained to the governors in the first instance, the school, the local education authority and the DES, receives no help whatever, I believe that in the last analysis he or she can go to law. I say that because religious education, the way in which it is taught and the conditions under which it is taught are actually embodied within a framework of law.

The Earl of Lauderdale

My Lords, is it not the case that in an event of this sort an ordinary constituent would be wise to go to his or her Member of Parliament, who could raise the matter on the Floor of the House? There is ample opportunity for airing the matter, and for making it well known, whether or not that person wishes to sue the Government.

Baroness Blatch

My Lords, I am grateful to my noble friend. Of course there are many mechanisms for making such a complaint. However, if all those efforts fail and there is still an aggrieved parent who feels that there has been a breach in the law, I believe that he or she can resort to the courts.

Baroness David

My Lords, I should like to ask the Minister a slightly different question. It concerns a situation which has arisen in connection with a school where I am a governor. What is the position of governors in a school where there cannot be collective worship because no teacher can be found to conduct it? As governors are legally bound to provide such tuition, what is the position? Can someone take them to court?

Baroness Blatch

My Lords, I understand that that situation is rare. However, where it exists the head teacher is under an obligation to seek outside help to ensure that the requirements of the Act are met. If a head teacher cannot secure either outside help or help within the school —I understand this to be extremely rare —then he or she would have to consult the Department of Education and Science and seek help and guidance from Her Majesty's inspectors.

The Earl of Lauderdale

My Lords, is it not a fact that where a school cannot find a teacher of religious education there is always a parson in the area who would be very glad, and indeed delighted, to undertake the task?

Baroness Blatch

My Lords, my noble friend is right. It is almost inconceivable that there would not be someone within the vicinity of a school who could come in and assist in the matter.

Baroness David

My Lords, is it not right that it would be impossible to use a parson in this respect because the religious education is supposed not to concern any one denomination?

Baroness Blatch

No, my Lords; I do not think that it is impossible. I think that if there is a genuine will to find someone to do this work a way can be found to meet the requirements of the Act.