This extract from Education Bill: Report (3rd Day) (26 October 2011) makes it clear that the Act (as it now is) was intended to make it easier to set up new voluntary aided schools:
Amendments proposed by Baroness Massey Of Darwen 71 Page 87, leave out line 11; 72 Page 87, leave out lines 35 to 38; and 73 Page 87, leave out lines 42 and 43:
Baroness Massey of Darwen (Labour): . . My main concern is that some measures proposed by the Bill may further fragment education on the basis of religion or belief. I have serious concerns about how the Bill makes voluntary-aided faith schools the easiest type of school to set up. I am also concerned about voluntary-controlled schools converting to academies, then being able to choose to increase their religious discrimination in admissions.
Currently, when a proposer wishes, for whatever reason, to establish a new foundation, voluntary-controlled or aided, or foundation special school outside of a competition, they need the consent of the Secretary of State. Following consent, the local authority runs a consultation on the proposals. The Bill, if passed in its current form, will change this, as I understand it, so that consent from the Secretary of State would no longer be needed for voluntary-aided schools, but it would still be needed for foundation, voluntary-controlled and foundation special schools.
I see some problems here. Almost all voluntary-aided schools-99 per cent of them-are faith schools. Admissions are determined by the school, which can discriminate against all pupils on religious grounds. In voluntary-controlled schools, local authorities set admissions and only about a quarter of local authorities have chosen to allow some or all of their voluntary-controlled schools to discriminate religiously, either in whole or in part. Mr Gove has made it clear that he wishes to make it easier to set up voluntary-aided schools, which can discriminate . .
Lord Alton of Liverpool (Crossbench): My Lords, I hope that the Minister, when he comes to reply to the amendments in the name of . . Lady Massey, will think carefully before agreeing with the premises which have been laid before your Lordships' House this afternoon . . I would say this to (her) on the possibility of creating new faith schools. In parts of London there are large faith communities-for instance, of Polish people or people from the African and Asian communities-and in the Borough of Richmond, for instance, a petition has been laid before the council urging the creation of a new faith school. To restrict the opportunity to do that would be to deprive us of something special.
. . in 1944 . . RA Butler brought before the House the (Education Act) that allowed the state to contribute towards the creation of Catholic schools. The Catholic community of that time . . was mainly an immigrant community -many were from the west of Ireland, as my late mother was. Those were schools for impoverished communities . . Around 2,500 schools have been created in the years that have passed, mainly though the efforts of those local communities, and they have enriched our education system. I urge your Lordships not to tamper with the settlements that have been there ever since 1944: that these schools are normally over rather than undersubscribed and that there are already sufficient safeguards in place to ensure that denomination provision is not increased or decreased where it is inappropriate . .
. . Lord Touhig (Labour): . . I shall say a few words in response to the three amendments of my noble friend Lady Massey of Darwen. The Bill provides that where a new school is required, the local authority must consider the establishment of an academy or a free school before consideration is given to any other type of school. From the point of view of the Catholic education authorities, that would be a disadvantage. In any entirely new academy or free school, priority can be given to children of faith in relation to only 50 per cent of the places in cases of oversubscription, and that would clearly be a disadvantage. The Bill therefore sought to compensate for and counter that disadvantage by making provision to allow voluntary-aided schools to be established more easily. (my emphasis)
The amendment moved by my noble friend would effectively limit the opportunity to establish new voluntary-aided schools. That would be a handicap, especially where there is a demand for them-and there is certainly demand in parts of London where there has been a rapid growth in the Catholic population in recent years. The other disadvantage of my noble friend's amendment is that, as I understand it, if it were part of the Bill, academies and free schools would be the only schools that could be established, and I do not think that that is the policy of our party.
Schedule 11 : Establishment of new schools: Amendments 70C to 73A not moved . .
And the House moved on to something else. The issue does not seem to have been raised at all in the debates on Schedule 10 in the House of Commons committee: [[http://www.theyworkforyou.com/pbc/2010-11/Education_Bill/18-0_2011-03-29a.10.0
March 29]] and March 31 2011.