§ Lord Pilkington of Oxenfordasked Her Majesty's Government:
Why, following the receipt of legal advice by the Department for Education and Employment early in 1997 that "no religious beliefs urged on pupils would fall foul of Section 376(2) of the 1996 [Education] Act", the Department for Education and Employment has not withdrawn the advisory circular 1/94 (para 32) which states that "syllabuses must not be designed … to urge a particular religion or religious belief on pupils". [HL2166]
§ The Minister of State, Department for Education and Employment (Baroness Blackstone)I am unable to identify the legal advice the noble Lord refers to, but if he would like to write to me with further details I shall look into it.
Foundation or voluntary controlled schools that do have a religious character can teach in accordance with the tenets of the religion or religious denomination which accords with their character, instead of teaching the agreed syllabus. Voluntary aided schools teach in accordance with the tenets of the religion of their character but can choose to follow the agreed syllabus. Community schools and foundation and voluntary schools which do not have a religious character follow the agreed syllabus.
An agreed syllabus for religious education is determined by an agreed syllabus conference in each local education authority. It should satisfy the key requirements of the aims of religious education as defined by the agreed syllabus conference. An agreed syllabus must not "provide for RE to be given by means of any catechism or formulary which is 161WA distinctive of a particular religious denomination". As such, the statement in circular 1/94 that an agreed syllabus should not "urge a particular religion or belief on pupils" is correct.
Section 376(2) is now replicated in paragraph 2(5) of Schedule 19 to the School Standards and Framework Act.