Education (Guidance about Costs of School Uniforms) Bill
Friday 12th March 2021
(3 years, 8 months ago)
Commons ChamberEducation (Guidance about Costs of School Uniforms) Act 2021 View all Education (Guidance about Costs of School Uniforms) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 12 March 2021 - (12 Mar 2021)
Sir Christopher Chope (Christchurch) (Con)
I beg to move amendment 2, page 1, line 5, after “must” insert
“within six months of this Act coming into force”
This amendment will ensure that the guidance has to be issued within a specific time.
Mr Speaker
With this it will be convenient to discuss the following:
Amendment 3, page 1, line 9, leave out
“the Secretary of State considers”
and insert “are”
This amendment will introduce an objective test of relevance in place of a subjective test.
Amendment 4, page 1, line 10, at end insert
“including price, quality, design, place of manufacture and country of origin.”
This amendment will ensure that these aspects bearing upon costs are addressed in any guidance.
Amendment 1, page 1, line 10, at end insert—
‘(2A) But guidance issued under this section must include guidance on—
(a) ensuring there is an adequate market for second-hand uniform where that uniform is provided new by a single supplier, and
(b) establishing a hardship fund for the parents or guardians who struggle to meet the cost of providing uniform for their children.”
Amendment 5, page 1, line 10, at end insert—
‘(2A) Any guidance issued under this section must include advice on ways of minimising the payment of Value Added Tax as a component of the cost of school uniforms.”
Amendment 6, page 1, line 11, leave out “must” and insert “may”
This amendment will enable the appropriate authority to exercise its discretion as to whether or not to have regard to the guidance.
Amendment 7, page 1, line 12, leave out “developing and”
This amendment will restrict the guidance to policy implementation.
Amendment 8, page 1, line 12, after “developing”, insert “, publishing”
This amendment will require appropriate authorities to have regard to publishing requirements in the guidance about costs of school uniforms.
Amendment 9, page 1, line 14, leave out “from time to time” and insert
“, no sooner than five years after the first guidance is issued under this section,”
This amendment will ensure that any guidance remains in place for at least five years.
Amendment 10, page 1, line 18, leave out paragraph (b)
This amendment would exclude an alternative-provision Academy from the provisions of the Bill.
Amendment 11, page 1, line 21, leave out paragraph (d)
This amendment would exclude a non-maintained special school from the provisions of the Bill.
Amendment 12, page 2, line 1, leave out paragraph (e)
This amendment would exclude a pupil referral unit from the provisions of the Bill.
Amendment 13, page 2, line 3, leave out from “school” to “the proprietor” in line 4
This amendment is consequential on Amendments 10 and 11.
Amendment 14, page 2, line 6, leave out paragraph (c)
This amendment is consequential on Amendment 12.
Amendment 15, page 2, line 6, at end insert—
‘(7) Before issuing any guidance under this section, the Secretary of State must consult the National Governors Association, the Parent Teacher Association UK and representatives of the different categories of relevant school.”
Amendment 16, in clause 2, page 2, line 9, leave out “two” and insert “six”
This amendment will ensure that any guidance under this Act will not apply to the 2021/22 academic year.
Sir Christopher Chope
My opening remarks will, as ever, be brief. First, let me say how wonderful it is that we have Friday sittings back, and I am grateful to you, Mr Speaker, and to the Leader of the House for having facilitated that. I understand that Her Majesty’s official Opposition were keen that we abandon Friday sittings, so I hope they have now realised that there is a virtue in this, not least because some of the Bills on today’s Order Paper are being promoted by Opposition Members. Let us welcome that and put it on the record.
I wish to speak to the amendments standing in my name and those of my hon. Friends the Members for Wellingborough (Mr Bone) and for Shipley (Philip Davies), and to amendment 1, which stands in the name of my hon. Friend the Member for Wellingborough. The essence of this Bill is something that everybody in the House supports; after all, who wants the cost of school uniforms to be higher than it needs to be? I support the idea that we should have good-quality school uniforms at a competitive price, available throughout schools in England. That is the purpose of the Bill, and the hon. Member for Weaver Vale (Mike Amesbury) and I are ad idem on that.
The hon. Gentleman will probably therefore agree with my amendment 2, which is designed to put an end date on what appears to be the Government’s prevarication in getting on with the job. They were first talking about introducing statutory guidance on the cost of school uniform many years ago—back in 2015, if I recall correctly. Since then, not must progress has been made and we are now relying on the hon. Gentleman’s Bill. Again, I congratulate him on having brought it before the House.
The purpose of this amendment is to try to ensure that we get on with it, which is why the amendment proposes that the Secretary of State “must” issue guidance
“within six months of this Act coming into force”.
It is a pity that we have not had the draft guidance already. It was exactly one year ago tomorrow that the Bill was debated on Second Reading, and almost six months after that it had its Committee stage. A further six months on from that, so one year after it was first debated, the Government are still saying that they are intent on bringing forward statutory guidance but have not yet produced even a draft. When this issue was raised in Committee, the Minister for School Standards said that it was his intention to get on with it and that he would be consulting people as soon as possible about it. I interpreted that to mean he would be getting on with consulting on the draft statutory guidance, as that is often the norm in this House. While the House is considering—[Interruption.]
Mr Speaker
Order. An hon. Member should not walk in front of another Member who is speaking. Please, let us show courtesy to each other.
Sir Christopher Chope
I am all in favour of that. Thank you, Mr Speaker. That is another example of why we need to get back to normal sittings in this Chamber, so that people become more familiar with the way we normally work.
Sir Christopher Chope
Thank you, Mr Speaker. I am going to re-emphasise my frustration, which I am sure is shared by the promoter of the Bill, about the fact that we have not yet seen the draft guidance. Once the draft guidance is produced, it will need to be the subject of consultation, and the Minister has committed to doing that, with the various stakeholders.
The guidance needs to be produced within six months of the Act coming into force. My right hon. Friend the Minister said in Committee that he did not want to be tied down to a particular date because he thought that would be too constraining. I can understand that, but unfortunately the worst fears that lay behind the questions put to him now seem to be being realised. We assumed that getting on and producing the guidance was a top priority of my right hon. Friend’s Department. In Committee, he referred to some of the key ingredients that he expected to be in the draft guidance—namely, exactly the same provisions as are in the current non-statutory guidance, which was last issued in 2013. It does not seem as though an exacting demand was being placed on him by the Committee or, indeed, that he was placing one on the shoulders of his officials, so it is disappointing that that has not yet happened. It is therefore important to put in the Bill an end date or a timescale within which the guidance must be issued. That is the purport of amendment 2.
I hope it will be convenient for Members if, instead of going through all the amendments one by one in the order in which they appear on the amendment paper, I jump ahead and go straight to amendment 5, which goes to the heart of one of the issues that I raised on Second Reading a year ago, for which I got a lot of support from the hon. Member for Weaver Vale, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and others.
Amendment 5 says:
“Any guidance issued under this section must include advice on ways of minimising the payment of Value Added Tax as a component of the cost of school uniforms.”
The issue of VAT is solely within the remit of the Government, and VAT is adding 20% to the cost of a heck of a lot of school uniforms. Although we are going to issue guidance to governing bodies, which we say is very important, on the price and quality of school uniforms, the Government have the ability to reduce, at a stroke, the cost of school uniforms by 20% for all those people adversely affected by the current VAT rules. That would not have been possible before we were liberated as a legislature by our leaving the European Union.
I introduced a private Member’s Bill—I cannot remember whether it was in this Session or the previous one—to reduce value added tax. Although it was a financial Bill, I was delighted that, because it would have reduced the burden of taxation, it was within scope for private Members’ legislation. I would have tabled an amendment to this Bill along similar lines, had that been in scope, but unfortunately it would not have been, because it has a very narrow title about guidance to schools. Had the scope of this Bill been slightly wider, I would have tabled an amendment that would have removed VAT from all specific school uniforms, and I am sure that it would have received almost unanimous support in the House. As I cannot do that, I have engendered this debate by saying that included in the guidance should be a reference from the Minister to how schools and governing bodies can minimise the impact of VAT.
I will refer briefly to a BBC reality check. I do not know whether you look at these things, Mr Speaker, but this is a very helpful one. It asks:
“Why is VAT charged on school uniform?”
It goes on to say:
“For older children—or those who are taller than average—”
I will come on to the issue of waist size in a minute—
“school uniforms, as well as all other clothing and shoes, attract the full standard VAT rate of 20%. Reality Check explores why these families are paying more and why successive governments haven’t acted.”
Mr Speaker
Sir Christopher, I hate to interrupt. I recognise the theme, but I think we can both say that Beavers would never be of an adult size. We are not comparing like with like, because there is an age where children go to the next stage in Brownies and Guides—it is the same with Scouts and the Cubs movement—so they cannot be of a size where that would be applicable. As you rightly say, that is applicable to school uniforms that are of an adult size. We would agree—you are absolutely right—that the theme is about the size that uniform comes in, but I worry about trying to compare with something that could never happen.
Sir Christopher Chope
I understand the point that you are making, Mr Speaker. I am drawing attention to this because it actually does happen at the moment. As long as their uniforms are for those up to the age of 14, Beavers and Brownies are able to provide those uniforms free of value added tax, irrespective of the size—
Mr Speaker
I must not have explained it correctly. I think that at the age of seven, eight or nine, children cannot continue, and they go to the next stage within the branch of the organisation. It is a bit like infant school, junior school and high school. That is all I am trying to say. We are getting bogged down in something that would not be applicable.
Sir Christopher Chope
My final line of defence is that this is taken from the BBC’s reality check, and it sounds as though that needs to be revised in the light of your helpful and constructive comments, Mr Speaker.
The final point I want to make on this aspect is that there was recently a survey—it was highlighted in The Guardian, of all newspapers, but the reference I have is from the Press Association—that showed the waistline spread of UK children. I will not go into the whole detail of it, but the survey found that back in 2011, an average 11-year-old girl was 148.78 cm tall compared with 146.03 cm in 1978—an increase of 2.75 cm over that time—but her waistline was 70.2 cm on average, compared with 59.96 cm in 1978. We are talking about an average 11-year-old girl, and the average has probably gone up since 2011, but the limit beyond which the waistline of a garment is subject to VAT is only 69 cm, which shows that the current VAT limit for the waistline measurement of a piece of clothing is well below the average waistline of an 11-year-old girl. That is another example of the way in which the current VAT rules have introduced a sort of stealth tax upon parents who are trying to pay for school uniform.
This amendment is designed to ensure that these issues are addressed by the Minister when he puts out statutory guidance, with advice included in that guidance to schools on how to get around it. Obviously that advice to schools might change if the Government were to accept my advice—and, I am sure, the advice of the whole House—and intervene now to take away the burden of value added tax on school uniforms, thereby reducing the price of school uniforms for everybody affected. I put that in at the beginning of my remarks because I thought it was sensible to set it in context. Obviously, we want to maximise the quality and minimise the price. Everything that follows in relation to this guidance and this Bill is in a sense subordinate to the point I have made, because the issue of VAT is solely within the control of the Government, and I think if the Government acted on it, that would be very popular.
Mike Amesbury (Weaver Vale) (Lab)
It is a pleasure to follow the hon. Member for Christchurch (Sir Christopher Chope). I am only too pleased that, after his lengthy introduction and thorough examination of the Bill, we are not marking the second anniversary of its introduction.
First, I relay my sincere thanks to Mr Speaker, Madam Deputy Speaker and the team; the Leader of the House; the Minister, the Secretary of State and their Department; my Front-Bench colleagues, and all those who have campaigned over a number of years to ensure that the Bill reached this stage.
This is a short Bill, but it will make a significant difference to hundreds of thousands of children, families, carers and grandparents throughout our constituencies. I thank everyone across the House who has contributed to the Bill’s journey so far, whether or not they are a sponsor and regardless of their political affiliation. As the hon. Member for Christchurch acknowledged, the Bill has considerable cross-party support.
A number of the amendments are quite useful markers to ensure that the Bill has proper, almost line-by-line scrutiny. There are 16 amendments in total. Some, as the hon. Member acknowledged, go beyond the scope of the Bill, and some, I would argue, undermine the very essence of statutory authority.
Amendment 6, for example, refers to a discretionary approach. I say with respect that we have a discretionary approach at the moment, through voluntary guidance, which, as the hon. Member rightly referred to, was put in place in 2013. There are some good elements of that guidance, but voluntary is voluntary, and voluntary can be ignored at people’s discretion.
Mike Amesbury
I need to move on. The hon. Member had a considerable opportunity. Lots of young people up and down the country have waited a considerable time for this legislation to come to fruition, and I hope that it does, so respectfully, I need to move on.
Some of the amendments have considerable merit for discussion. Amendment 1 refers to the market for second-hand goods. The hon. Member referred to a scheme in Weston-super-Mare and the uniform exchange scheme in Huddersfield. I know from discussions that I have had with the Minister that he is very keen on that, and I hope we can capture that in the draft statutory guidance. The amendment also mentions a hardship fund. Certainly, some schools operate such hardship funds, and again, I certainly hope we can capture that in the draft guidance.
The hon. Member for Christchurch has campaigned on the issue of VAT for a considerable number of years. While we were on different sides of the debate on Europe and Brexit, it is a reality that we have now left, and it is also reality that there is discretion on VAT. He already knows my opinion; it is on the record. I am sure that there will be opportunities in Parliament to take that campaign forward, and I will certainly endeavour to assist him in that process. It is a good idea, and it is the right thing to do in the broader mix. Of course, as he acknowledged, it goes beyond the scope of the Bill, but he mentioned that something may be in the draft statutory guidance. Certainly, those are discussions that we can have with the Minister. The hon. Gentleman has rightly put that point on the record, and so have I, as the Bill’s promoter.
This Bill is pro-school uniform, but pro-affordable school uniform. There are far too many children in hard-pressed families, and it is particularly pertinent now—given the national and international health pandemic and the economic consequences we are facing—that affordability is put centre stage in statute, and this Bill will do that. That is the fundamental aspect of it, and it is also about opening up competition, which I know the hon. Member for Christchurch and people across this House would agree with. For far too long, we have had single supplier relationships with schools or school communities and there has been no fair, open and transparent competition. This will help bring costs down for hard-pressed families, while maintaining quality and bringing into play other manufacturers, such as one in Northwich in my own constituency, that are excluded from the process at the moment.
I am going to bring my remarks to a conclusion. Mine have been very brief, because as I said at the beginning, children and families have waited long enough. The Children’s Society, the National Education Union, Members right across this House and the Minister are all keen to move things on, so I hope we can all do this with the House coming together and demonstrating that when we work together, we can achieve so much more. Thank you all.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
I very much welcome this Bill, and I commend the hon. Member for Weaver Vale (Mike Amesbury) for proposing it. It provides the teeth of the good intentions contained in current school uniform guidance, it serves the interests of children and their families, and it is good for small businesses.
I am going to comment on the general thrust of the amendments being proposed, but I want to make some brief general remarks at this stage. Education is devolved to the Scottish Parliament, so my main interest in this Bill is on behalf of businesses, such as Border Embroideries in Greenlaw, that produce high-quality school uniforms for sale in England and across all of the United Kingdom. Scotland’s place in the UK means not only that firms in my constituency can sell into a large and lucrative market with no barriers, but that their elected representative has a voice in this place, which decides on the rules for that market.
School uniforms are important inside and outside the classroom. At school, they are a social leveller, eliminating the pressure to keep up with the latest fashion trends and helping to reduce peer pressure to look a certain way. At home too, research conducted by the Schoolwear Association has found that many pupils remain in uniform to complete their homework, creating a useful separation between learning and downtime. Just as football fans wear their team’s colours to a match, so school uniform fosters pride through shared identity. Uniform is cohesive, not exclusive. Well made, durable school uniform also delivers great value for money. Items can be passed down between family and friends or sold on second hand.
I attended a state comprehensive school on the west coast of Scotland, and I am sure Members across the House will be shocked to hear that, at Abbey Primary School and Kilwinning Academy in Ayrshire, I cannot recall being a particularly fashionable youngster. In fact, none of us, no matter our background, had to worry about meeting the latest trends or fashions. I know this was a relief and continues to be a relief for most parents. Having uniform standards from a young age is good preparation for the workplace, particularly for speaking in this place, may I suggest, Madam Deputy Speaker? I know that Mr Speaker and his deputies are very keen to maintain high standards of dress in this place, as my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) recently discovered.
My hon. Friend the Member for Christchurch (Sir Christopher Chope) spoke about quality and design, which was one of his main concerns in his amendments proposed today. In my own constituency, Border Embroideries has been involved in the production of school uniform for nearly 30 years. Billy Smillie and his wife Shirley Anne started their business using a single embroidery machine. Now it is one of the UK’s leading specialist school uniform suppliers, serving customers across the UK. Border Embroideries is a prime example of a business providing competitively priced products, providing jobs for local people and helping the community thrive. It has remained a family business, with Billy and Shirley Anne’s three children Aynsley, William and Ross all taking charge of different aspects of the business.
When I last visited their purpose-built factory in Greenlaw, I was impressed by the scale of the operations, and the range of different addresses to which shipments were being made. In 2020, Border Embroideries received a pivotal enterprise resilience fund grant from South of Scotland Enterprise. That enabled it to employ an additional 80 temporary staff, on top of the existing 80. Those extra staff worked night shifts to enable Border Embroideries to fulfil all incoming orders.
Sir Christopher Chope
I am much reassured by my hon. Friend, but does that include the sources of the materials that are used in the manufacture of school uniforms?
John Lamont
I am grateful for that point, but I am not sure whether the amendment would address that concern. I do not know where all the materials come from, but having spoken to the company, I am confident that it is not only looking after its workforce but concerned about the quality and ethical production of its garments.
Border Embroideries is one of many Scottish businesses that sell their products across the UK, which remains by far Scotland’s largest and most important market—larger than the EU and the rest of the world combined. The amendments, and the Bill more generally, address the affordability of school uniforms, and I welcome what the Bill seeks to achieve. It serves the interests of children, their families and local businesses. Imposing a duty on the Secretary of State for Education to issue statutory guidance on the cost of school uniforms, to replace the current non-statutory guidance published by the Department for Education, will deliver real improvements for parents in England.
Scotland has no legislation to govern school uniform policy, which is entirely determined by individual schools. My colleagues in Holyrood are supportive of any measures to keep school uniforms affordable for parents, and I hope that Members of the Scottish Parliament will look at this Bill, and at the debates that have taken place so far, to see whether they can do anything to ensure affordability of school uniforms in Scotland.
While broadly supportive of the Bill, the Schoolwear Association, which has more than 200 members, has concerns about amendments on the issue of sole supply, where a single business is the only supplier of school uniforms to a school. Most businesses in the Schoolwear Association are small or medium-sized, and it is crucial for them to be the sole company fulfilling demand, as that allows them to build up suitable stock. Sole supply should never result in individual items being more expensive for parents, and competitive tendering should ensure good value for money. Instead of taking place at the point of sale to families, competition should occur at the point of supplier selection by schools.
The crux of the Bill, and the tension behind most of the amendments, is affordability. The Schoolwear Association has raised some important points that I believe are crucial to uphold the principle of affordability. Comments by the Minister in Committee highlighted the importance of transparent and competitive tendering processes, particularly where a sole supplier exists. Once again I congratulate the hon. Member for Weaver Vale on his success in bringing forward the Bill. It prioritises the interests of children and families, and recognises the importance of local businesses such as Border Embroideries in my constituency.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
I thank my hon. Friend the Member for Weaver Vale (Mike Amesbury) for bringing this Bill forward. My involvement with this issue began after I was deeply affected by the testimony of a group of mothers at an Education Committee evidence session: they told us how the increased costs and demands of school uniforms meant skipping meals to find the money.
I have tried, Madam Deputy Speaker—I honestly have—but I simply cannot comprehend or understand for the life of me why anyone would want to try to block this Bill to help families in need. Politics is not a game. But then I also cannot understand the level of self-importance of an individual who believes they have something of value to speak on for more than an hour and a half.
Uniform dress codes are no longer about just plain, straightforward uniform, but often involve a badge, sweatshirt and dark trousers, typically also consisting of shirts, ties, blazers, PE kits indoor and out—all branded and often available from only a single supplier. The Children’s Society report “The Wrong Blazer 2018” revealed that families, on average, have to find £340 per year for each child at secondary school. That represents an increase of 7% since 2015. Parents of primary school children spend on average £255. Parentkind’s 2019 annual survey of parents showed 76% of parents reporting that the cost of sending children to school is increasing and more than half are worried about meeting that cost.
I have spoken about this before, but in some areas within the city of Hull more than half the children live in poverty. New Government figures reveal that 18,515 children in Hull were living below the breadline in March 2019—and that is before the cost of housing was taken into account. The number has been rising year on year and is up from 15,629 in 2015. That is before we even look at the impact of covid-19.
One child in 20 has been sent home for wearing incorrect uniform as a result of being unable to afford the uniform specified by the school. In some cases, children miss school altogether because either they or their parents feel ashamed of the condition of the uniform that they could not afford.
The Education Policy Institute report found that disadvantaged pupils are already over 18 months of learning behind their peers by the time they finish GCSEs. In primary schools, that gap has increased for the first time since 2007: up from 9.2 months in 2018 to 9.3 months in 2019—again, before we even look at the impact of covid-19. If Conservative Members are serious about trying to close the attainment gap, surely they will be delighted to support the Bill.
I was a primary school teacher before becoming a Member of Parliament and I absolutely support schools having a uniform, but it needs to be practical and affordable. As a parent, I know that a school uniform makes life much easier in the morning when getting children up, dressed and ready for school. But some school policies insist that parents must buy clothing from specialist shops or suppliers rather than giving them the choice of buying items at cheaper stores such as supermarkets or high street chains.
I have taken action on this locally by working with the Methodist Church to set up RE: Uniform, which asked parents to donate unwanted uniform that was then redistributed to families who wanted it. We have held giveaway events, “click and collect” events and handed out hundreds of items of uniform.
I would like to put on the record my thanks to the Methodist Church for their support with RE: Uniform, and in particular to our Methodist district chair Leslie Newton, Reverend David Speirs, Susie Steel, Kevin Appleyard, Liane Kensett, Louise Zborowski and all the volunteers. All are making a difference where it counts for families and the community in Hull.
But this is just fighting fires. The time has come to protect the millions of families in England living in poverty from further unnecessary hardship by making the guidance on affordable uniforms a statutory duty. That was promised by the Government. In reply to a parliamentary written question on 31 July 2019, the schools Minister stated:
“The Department intend to put the school uniform guidance on a statutory footing when a suitable legislative opportunity arises.”
I urge hon. Members to stop the games, stop the self-importance and seize the opportunity to make life more affordable for parents in this country.
Philip Davies (Shipley) (Con)
Thank you, Madam Deputy Speaker. I assure you I will be speaking to the amendments. It is a pleasure to follow the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy), even though she does not yet seem to have grasped the purpose of the Report stage, which is to try to improve Bills. I am sure she will get the hang of that at some point. The purpose of this stage is that we table amendments to try to make Bills better.
I congratulate the hon. Member for Weaver Vale (Mike Amesbury) on getting his Bill to this stage, which is no mean feat. In principle, the Bill proposes to place school uniform guidance on a statutory footing. Like all previous speakers, I am in favour of what he is seeking to achieve: having high-quality school uniform at an affordable price for parents. However, it is crucial that the Bill is implemented appropriately and that the right amount of time is given to schools and families for the guidance to be introduced, in order to avoid any unintended consequences. I worry, as I do with lots of Bills, that without some of these amendments unintended consequences may counter the purpose of the Bill, which is to protect families and children from mounting costs and exclusion from school life.
It is important to say that school uniform is a vital part of school life—it creates belonging, focus and discipline. In itself, it reduces the cost to parents, by ensuring that there is not an arms race in the latest trends being worn in schools. The Bill is based on findings by the Children’s Society estimating that the annual spend on compulsory schoolwear is £337. That figure is disputed; it is a study based on perception rather than on reality, and on a very small sample size of parents. It does not account for competing research that the Schoolwear Association has commissioned that finds that the annual spend on compulsory schoolwear items is nearer to £36. I thank the Schoolwear Association, with which I have met on multiple occasions during this Bill’s journey. It wishes to flag up concerns about sole suppliers, parents and students being put at a financial disadvantage, on the basis of questionable research.
I thank my hon. Friends the Members for Christchurch (Sir Christopher Chope) and for Wellingborough (Mr Bone) for the amendments. [Inaudible.] I hope the Government will agree to support some of these things. I was disappointed that the promoter of the Bill dealt with the amendments so rapidly and did not treat them with the courtesy with which they should have been dealt with. Unfortunately, I cannot take interventions remotely, but it seemed to me that the promoter said that he agreed with many of the amendments but would not accept them. That is a slightly bizarre approach on Report. If the promoter agrees that amendments would improve the Bill, one would think he would accept them and we could move on with a better version of the Bill. I am not sure why we are agreeing with the amendments but not supporting them and agreeing to adopt them. I hope the Minister will make a better fist of that and perhaps support these essential amendments.
Amendment 2 would ensure that the guidance being introduced by the Bill has to be issued within six months of the Act coming into force. The Bill will mean that schools should follow the guidance, but we have yet to see the guidance, as my hon. Friend the Member for Christchurch said. Saying that this will be issued within six months will at least give some certainty as to when it can be expected, so that schools, suppliers, parents and students can plan for the change. Without this amendment they are left in limbo.
I understand from the answer to a parliamentary question that I asked back in January that:
“The Department’s existing guidance on cost considerations will form the basis for the new statutory guidance.”
That clearly provides some indication to schools to help them understand what it is that they can expect, but for the avoidance of doubt, this amendment would give absolute assurance to everybody concerned. It would give schools firm dates and sufficient time to review their school uniform policy as a result of the guidance. It would also enable parents to wait until a uniform needs replacing before buying a new one if required to by these guidelines, and it would hopefully avoid the entirely counterproductive effect of forcing parents to purchase a new uniform or uniforms in the near future only to find that a policy has been superseded by the new guidance. Given what the Bill is about, that would be an ironic, unintended consequence, so I think amendment 2 would be incredibly helpful in giving the certainty needed and in keeping down costs for parents.
Fleur Anderson (Putney) (Lab)
I congratulate my hon. Friend the Member for Weaver Vale (Mike Amesbury) on bringing this very important Bill to this stage. I have been encouraging parents in my constituency to tune in and watch the debate. If any are still listening and watching, I think there are a few busy parents who may think that they could have agreed this Bill, written the guidance and got it done and dusted by now.
I would like to speak to some of the amendments, especially those about the timing of the Bill. I will also make some general points raised by the amendments. The enormous costs of school uniforms are of huge concern to my constituents. Owing to covid-19, that is the case even more so now than a year ago when the Bill was first brought forward. More families are now struggling in my constituency and across the country. I know the cost of school uniform myself, as my eldest child started school in 2002 and my youngest is in school for another four years. That has been a lot of years of buying uniform.
In my constituency of Putney, there is an increased need for more affordable school uniforms as we approach the dreaded time in September when people know they have to face that bill. There are now 4,335 people claiming benefits in Putney. That is a 46% increase on only a year ago, and a lot of those people are families. Wandsworth food bank provided 5,770 emergency food supplies to needy families in Wandsworth last year; that is the highest ever number, representing a 78% increase over the last five years. The majority of those people are families who also face this school uniform bill. There is a crucial need to bring forward this legislation as urgently as possible, and that is why amendment 2 has some merit. However, it does not need to be an amendment; the Minister can clear the issue up by telling us the timetable for the Bill in his remarks, to which I look forward.
In the time that I have been paying so much for school uniforms for my own family, I have seen the creeping number and cost of additional items that need to be bought for the uniform. I have seen the inconsistency between schools and school uniform policies, and the incremental use of “my uniform costs more than yours” as a proxy for better school standards and to attract students to some academies. When my youngest child went into year 7 a few years ago, his uniform bill was an eye-watering £468. I then had to top it up with another £200. In that school, the blazer costs between £95 and £115, and it is true that VAT is a component part. I should also say that my 14-year-old is 6 feet tall. I encourage the Minister to take the issue up with the Chancellor, but I do not think it needs to be addressed through amendment 5.
The sums I have mentioned are unaffordable for many families. I support school uniform guidance to ensure that there are fewer branded items and fewer exclusive suppliers that do not put affordability at the top of the list; that good quality, own-brand supermarket choices can be made; and that clothes swaps are easy. These points are mentioned in the amendments, but they can be put into the guidance and legislation; it does not have to be through the amendments.
This Bill is for that mum, who, when I was looking around a local school at an open day, sat down in front of me, looked at the school uniform list, shook her head, said to her son, “We can’t go here” and had to leave the open day. These are the choices being faced by families, and that is why we urgently need to bring in this legislation. The Bill is also for the families that I took on trips in the summer of 2019—when we could go on trips. I sat down with them and talked to the mums, who said they had not been able to afford to go on any other trips with their children that summer because they knew about the bill that was coming up in September. They said they were eating less during the summer months and having to make all their choices according to the fact that that bill was coming up in September. We have seen how quickly the Government can act during this time of covid. I urge them to act fast on this.
Amendment 16, which would mean that the guidance cannot be brought in for the next school year, is contradictory to the amendments that say we should be putting schools in the driving seat and that this should be up to schools. Schools should be able to decide whether they can introduce part or all of the guidance in the next school year, and they should be able to do so from September, when those big bills are looming and more families are struggling.
The Bill is also for governors and parents. It will put them back in the driving seat, able to challenge the school uniform bill. I support the amendments about promoting this guidance, because it needs to be known about. I hope that the legislation will receive Royal Assent very quickly, but parents and governors need to know about the guidance so they understand the powers they will have.
To conclude, as we consider amendments to this crucial Bill, I would like some assurances from the Minister. When—I am sure it is a case of “when”—the Bill is passed, will the guidance be agreed very soon, and will it be promoted to staff, governors and parents? Will branded items be kept to a minimum, and will there be some indication of what constitutes “a minimum” so that it does not just creep up again? Will parents be given a choice of where to buy uniform? How will the guidance ensure the transparency of single supplier agreements and competitiveness of tendering?
Andrew Lewer (Northampton South) (Con) [V]
As I outlined in my speech when the Bill was first introduced, it was clear from the cross-party support it attracted that many Members were keen to address the concern that families faced undue financial pressure when buying school uniforms. While there are differing opinions on how this issue should most effectively be addressed, it is important, at the stage the Bill is now at, that all efforts are put into ensuring that the guidance that will be put on a statutory footing works in the interests of all parties involved. My hon. Friends the Members for Christchurch (Sir Christopher Chope), for Wellingborough (Mr Bone) and for Shipley (Philip Davies) have tabled several amendments, which seek clarity on a number of important issues. I will speak particularly about amendments 4 and 16.
On amendment 4, a range of factors, alongside price, contribute to an effective school uniform policy, including quality, durability, sustainability and availability. It is important, therefore, that the guidance the Department formulates, if it is truly to seek to promote a fair and value-for-money approach to uniform, considers and balances all those considerations.
Over the last year, I have met many specialist school uniform suppliers, in my constituency and across the country, and it is clear that they understand and care about the price pressures their customers face. As a sector, they seek to address those through innovative business models that prioritise sustainability and ethical material sourcing, producing uniforms that are high-quality and long-lasting.
It is imperative that the way this specialised sector works is properly understood in formulating the guidance, so that those sustainable British SMEs are supported. That is why I take issue with the request that we have just heard to demand that different suppliers are available to parents. That is not how a large section of this sector works; nor, in fact, does it ensure value. That is a very important distinction.
Amendment 16 seeks to ensure that the Bill does not apply to the 2021-22 academic year. It is also important that, in the light of the covid-19 pandemic, the guidance is brought in gradually. That will give families, schools and schoolwear providers time to adjust, helping to avoid unnecessary and unintended expense.
If the guidance is brought in too quickly, many families will feel the need to purchase new uniform items before current ones are outgrown, and schools may feel the need to push out a rush for new tenders, having made agreements prior to the Bill being discussed or enacted that might have been drawn up in a different way from that now desired. The schoolwear providers, many of which are family-run businesses on our high streets in small towns and communities, will have to throw away high levels of stocked clothing that they have been unable to sell over the last year, as we have asked them to keep their doors shut during the pandemic.
Wes Streeting (Ilford North) (Lab)
We have had a very thorough debate on the amendments, which fall into two categories. The majority cover areas that really ought to be covered as part of the statutory guidance proposed in the Bill. I am sure that the Minister will have heard the contributions in that spirit and will take them into consideration when drawing up the Department’s statutory guidance.
Reasonable points have been made about the importance of consultation and the range of stakeholders who ought to be consulted, and the statutory guidance will be subject to consultation when such issues can be raised. As my hon. Friend the Member for Weaver Vale (Mike Amesbury) highlighted, at least one amendment would go against the entire thrust of the Bill and undermine the importance of having any statutory guidance at all.
The hon. Member for Shipley (Philip Davies) mentioned the response of my hon. Friend the Member for Weaver Vale to the amendments, and the degree of sympathy that he has for them. We all know that the passage of a private Member’s Bill into statute is a rare occasion, and particularly when a Bill is brought forward from the Opposition Benches, an inevitable degree of compromise is necessary. In that spirit Her Majesty’s official Opposition have no desire to undermine the huge amount of work that has taken place to get the Bill to this stage. I congratulate all members of the Committee on their work in scrutinising the Bill, and I pay tribute to the Minister and his officials for their work. They put a great deal of time and consideration into these matters, not just on Second Reading and in Committee, but also in discussions with my hon. Friend.
Sitting Fridays can do one of two things. They can be an advertisement for the House of Commons at its best, where Members work on a cross-party basis to solve common problems of interest to our constituents, or they can be an advertisement for the worst of our politics—the game playing, the filibustering, and the attempts to prevent things that have an obvious common-sense value and widespread support from getting into statute. I hope that today will be an advertisement for the good, and for the House of Commons at its best. I congratulate my hon. Friend the Member for Weaver Vale on his work. I am delighted to see him in his place, and I look forward to hearing from the Minister.
The Minister for School Standards (Nick Gibb)
I congratulate the hon. Member for Weaver Vale (Mike Amesbury) on successfully stewarding the Bill to Report and, I hope, shortly on to Third Reading. School uniforms are an important part of establishing an ethos and common identity in a school. They are a shared endeavour and a sense of belonging. School uniforms help to remove the inequalities caused by differences in the prosperity or disadvantage of a pupil’s family, and they help to ensure that schools are disciplined and safe places for students, where it is good to be ambitious, and admirable to be conscientious and hardworking.
For some families, the cost of purchasing school uniforms for growing children can be a financial worry. In 2015, the Government commissioned a cost of school uniforms survey, which found that, after adjusting for inflation and excluding the PE kit, the average cost of a school uniform had decreased since 2007 to £213. While two thirds of parents were happy with the cost of a school uniform and PE kit, nearly one fifth reported that they had suffered financial hardship because of having to buy school uniforms for their children. The Bill, which the Government wholeheartedly support, is designed to ensure that the costs of schools uniforms are reasonable, and that schools secure the best value for parents.
Amendments 1, 3, 4, 5 and 8 relate to the content of the statutory guidance to be issued under the Bill. It is important that such issues are considered in the statutory guidance rather than in primary legislation, as suggested by the amendments. That approach maintains a level of flexibility and responsiveness, so that over time, statutory guidance on uniform costs can be amended and improved. I welcome the way that the hon. Member for Weaver Vale has constructed the Bill.
On amendment 1, I agree with my hon. Friend the Member for Christchurch (Sir Christopher Chope) that every school should ensure that second-hand school uniform is available for parents to acquire. It is, however, important for this to be a matter for statutory guidance, rather than primary legislation, so we can get the details right and schools have some flexibility about how to do this.
On amendment 5, as we know, families already benefit from a zero rate of VAT on clothing designed for children under 14 years old. This is already a significant cost to the Exchequer, costing £2 billion each year in lost revenue. Expanding this to include a wider size of school uniforms would not specifically target low-income families. HMRC already provides guidance on this matter in VAT notice 714. However, my hon. Friend is right to point out that, having left the European Union, we are now free to make these changes if we wish, and I am sure the Chancellor of Exchequer will have heard his comments.
On amendment 8, we want to see schools providing clear information to parents about their uniform policies, but we consider that this is a matter for the statutory guidance to enable us to ensure that these requirements are flexible and responsive, rather than placing a requirement to publish in the Bill. My hon. Friend raised the issue of schools that do not have a school uniform policy. The current non-statutory guidance says:
“The Department strongly encourages schools to have a uniform as it can play a valuable role in contributing to the ethos of a school and setting an appropriate tone.”
That is in the current non-statutory guidance, so I will take my hon. Friend’s point in his speech as an exhortation to include that sentence or something similar in the statutory guidance, which we continue to work on.
On amendment 6, the crux of the phrasing in the Bill—“must have regard to”—is that schools must comply with the guidance unless they have a good reason for departing from it. Put simply, it means that schools cannot ignore this guidance. This amendment would in effect mean that schools would be able to disregard the guidance whenever they wished, which is the opposite of the intention behind the principal tenet of the Bill.
On amendment 7, it is important that the principles that will be set out in the statutory guidance on the costs aspects of uniform are considered by schools when they are developing or changing their uniform policies so that they are embedded right from the start. This amendment would mean that schools would not have to have regard to key factors that Members have raised as being crucial to the cost of a uniform when developing such a policy. This would severely undermine the reasons for introducing statutory guidance, as it would in effect mean that the application of the guidance would be limited and unlikely to be effective in keeping costs down.
On amendment 9, the Government will want to update the guidance as and when necessary, and as circumstances require it. The Government want the new statutory guidance to have time to bed in once issued and would not want to be looking to make arbitrary or unnecessary changes, but placing arbitrary restrictions on the Government’s ability to make changes to the guidance, even if schools were to make it clear that revisions would be welcome, would prevent us from being responsive to the needs of parents and schools, and risk schools being required to have regard to guidance that was out of date.
Amendments 10 to 14 seek to disapply certain types of school from the Bill. There is no good reason to treat these schools differently. For example, not all special schools and alternative provision schools have a school uniform, and that is appropriate. However, for those that do, it is important that this Bill applies to them, as well as to mainstream schools, to ensure that they also consider value for money for parents when setting their policy.
On amendment 15, I do not consider it appropriate to list selected external bodies to be consulted in primary legislation, but as I said in Committee, I am committed to engaging with representatives of schools, parents and other interested parties as we draft the statutory guidance.
On amendment 2, we are progressing well with the changes to the draft statutory guidance. We will reflect on the comments made during this debate and the debates in Committee as the Bill progresses through this House as we draft the statutory guidance. That includes the comments made by all hon. Members, including the hon. Member for Putney (Fleur Anderson) and my hon. Friend the Member for Shipley (Philip Davies), as well as, of course, my hon. Friend the Member for Christchurch and other hon. Friends and hon. Members who have spoken in this debate.
Sir Christopher Chope
What my right hon. Friend has said is delightfully vague. Why can he not be more specific? Who is controlling him? Surely he is in charge of his Department and can tell us when this statutory guidance will be issued—or perhaps even issued in draft. I am sure that Members in the other place would like to have a draft of the statutory guidance before them so that they can consider these issues. He has said that many of my amendments should be incorporated in the statutory guidance, so let us see the statutory guidance.
Nick Gibb
If my hon. Friend will forgive me, I said that I would reflect on the comments he has made in this debate. Of course, all comments made during the passage of this Bill will be taken into account as we consider the drafting of this statutory guidance. I will be consulting, as I have been, interested parties to this debate. What I do not want to do is delay the passage of the Bill through the other place while we wait for the statutory guidance to be finalised. It is important that we get the Bill on to the statute book before the Session ends. Given all that I have said in response to the amendments, I hope that my hon. Friend will not wish to press his amendments to a Division.
Sir Christopher Chope
I thank all those people who have participated in this debate, where we have had a good discussion about the Bill. I am glad to see that the hon. Member for Ilford North (Wes Streeting), on the Opposition Front Bench, is agreeing with that, although he did not make any reference in his short speech to any of the points I have made in support of the amendments.
My right hon. Friend the Minister is basically saying, “We are entering upon a period of reflection.” Or at least he is. May I suggest, with the greatest of respect, that there has been a very long period in which to reflect already? The Government first signposted the intention to deal with this issue in a statutory way in 2015. It was then the subject of various commitments given in the run-up to the last general election. Then we had the Second Reading and Committee stage—that was in September. My right hon. Friend said that he did not think we should wait for the statutory guidance before making further progress. I do not know whether he misunderstood or misheard what I was saying. I was making a suggestion about the draft statutory guidance. Obviously, if he is consulting about statutory guidance, he must be consulting on a draft of it. If that is the case, why are Members of this House not able to see that draft? In particular, why is he going to deprive Members of the other place of being able to see it? The normal conduct of proceedings in this House is that when statutory guidance is under consideration, the Government will, if at all possible, present the House with a draft of it. My right hon. Friend seems, in his own charming way—I am not charmed by this or misled, because I can see what he is trying to do—to be avoiding a situation in which there can be any debate about the draft statutory guidance. The very reasonable questions put during this debate, including by my new friend the hon. Member for Putney (Fleur Anderson), show that there is an importance of timing here; people need to have some certainty about the timing and intentions. Is the Minister planning for the statutory guidance to take effect in this coming academic year—yes or no? I may not like the answer he gives, but surely he can tell us what his intentions are, or is he still further reflecting upon it? How much more information does he need before he can reach a conclusion to his reflections?
The Minister grouped a whole lot of my amendments together. It is all very well for him to say that they relate to content and will be considered with the statutory guidance, but he is not prepared to stop teasing us about the timing and content of that statutory guidance. I am afraid that that makes me extremely disappointed, if not nervous, about what is being cooked up and will be sprung upon unsuspecting governors, parents and suppliers of school uniforms before we know what has happened. Perhaps we can come back to this on Third Reading, but the fact that the Minister is unwilling to expand at all upon those points is disappointing.
I also hoped the Minister would give an undertaking that, because of his commitment and the Government’s commitment to minimising the avoidable costs of school uniform, the Government would bring forward legislation to remove value added tax on school uniforms. That would be a really good move, and strong support for that proposition has emerged in this debate and on Second Reading. I hope that, as a result of that, when we get to the new Session of Parliament, someone who is successful in the private Members’ Bills ballot—perhaps with encouragement from the hon. Member for Weaver Vale (Mike Amesbury), if he is unsuccessful on the second occasion in the ballot—will take up the cudgels of a short Bill to remove VAT from school uniforms. I think that that would be an extremely popular Bill. I have been in the House for some time, and I have never had the opportunity of taking forward a Bill that was successful in the ballot, but if I were to be successful in the ballot, that might well be at the top of my priority list, because I think it would make a difference. Frankly, it would make a much bigger difference than what will be contained in this statutory guidance.
I am going to be blunt: I am disappointed with the Minister’s response, and I will leave it at that. In terms of the other contributions made in the debate, my hon. Friend the Member for Northampton South (Andrew Lewer) is somewhat of a national expert on this. He had a big feature in the Daily Express and perhaps other great organs, setting out his support for the Bill but also his concerns that we should not have unintended consequences flowing from it. His point about the need for availability, as well as durability, sustainability and ethical sourcing, was very well made. He also pointed out—again, the Minister did not respond to this—that, as a result of the covid nightmare, many suppliers of school uniforms have built up stocks that they will want to be able to use rather than have to put on the scrapheap. I am grateful for his contribution, and I am disappointed that the Minister did not specifically address it.
I am grateful to the hon. Member for Putney for supporting my views on the VAT issue. As she rightly said, there would be no need for amendment 2 if the Minister made a commitment at the Dispatch Box.
Sir Christopher Chope
She is nodding her head, but of course we did not get that commitment.
Sir Christopher Chope
She is now shaking her head to agree that we did not get that commitment from the Dispatch Box. I do not know—she almost tempts me to say that we should divide the House on amendment 2. Perhaps she would like to join me in being a Teller if that is the situation.
Sir Christopher Chope
She is shaking her head again. Perhaps we can come back to that issue when we discuss this matter further on Third Reading.
My hon. Friend the Member for Shipley (Philip Davies) gave a typically erudite analysis of the Bill. I am grateful for his support for my amendments and the amendments from my hon. Friend the Member for Wellingborough (Mr Bone). It was an exemplary performance by my hon. Friend the Member for Shipley, because he did not engage in tedious repetition, or any repetition, but highlighted the gaps I had left in the arguments I was putting forward in support of my amendments. If I had been able to speak at greater length on those amendments, I would have wished to include in my remarks the additional comments that my hon. Friend incorporated.
The extra added value that my hon. Friend brought to the debate was his experience as the chair of the former all-party parliamentary group for state boarding schools, and in that capacity he brought some expertise to bear as to why it is ridiculous to include within these provisions the special schools to which he referred. He also made a point that I had omitted from my opening remarks about the gap in the evidence relating to the actual costs of school uniforms at the moment. He said that the Children’s Society’s estimates were based on questionable evidence. I am not sure whether, given the position we are at in relation to the Bill, that makes too much difference. The Children’s Society says that the costs are higher than the Government say. The Minister reminded us that the costs of school uniforms, excluding PE gear, had fallen between 2007 and 2015, which shows that it is a pretty competitive market.
In so far as the Bill was justified on the basis of dubious material from the Children’s Society, I am disappointed, because to produce questionable evidence is to undermine the case. We know that there are people for whom the current cost of school uniforms are a significant burden, which is why there is so much support for the Bill, but it does not help anybody’s cause for the issue to be exaggerated and for the sums involved to be inflated. That is why it is all the more important—I am grateful to the Minister for saying that he is supportive of the idea—that we enable schools to be able to sell second-hand uniforms, thereby reducing the cost burden on pupils.
The hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) said that one child in 20 is sent home—I am not sure whether she was talking about schools in general or one particular school in her constituency—for not wearing the right uniform, or any uniform. She wanted constraints placed on the ability of schools to enforce school uniform policies. There is no point in having a school uniform policy unless it is consistently enforced. Ultimately, the final sanction that a school has for a pupil who does not comply with the school uniform requirements is to send them home, in the hope that they will return the following day properly dressed and equipped. As Dicey said, there is no point in having a command without a sanction, and that applies in this case, and that is my response to what the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) had to say.
Mike Amesbury
I beg to move, That the Bill be now read the Third time.
Friday 13 March 2020, a year ago tomorrow, turned out to be rather a lucky day for me: an opportunity to help thousands of children, parents and carers across our nation to bring down the cost of school uniforms by means of this Bill. The world around us was changing; it was 10 days before we entered the first lockdown, and I could not have imagined on that day that it would take a whole year to get to Second Reading, Committee, Report and now Third Reading—and hopefully beyond.
I thank everyone who has helped on this journey and ensured that today’s sitting happened. I am grateful for everybody’s efforts, and I know that families across England are, too. I know that because, despite the delay in getting to this stage and the many school closures that our children have had to endure, families have still been getting in touch with me, continuing to raise the impact that these costs have on them, and telling me how the Bill will affect them. It will really make a difference.
Of course, the Bill has become more important than ever since the last time we discussed it in the Chamber. The economic impact of this pandemic is hitting families hard. According to the Child Poverty Action Group, before the pandemic 17% of low-income families reported that they were finding things difficult financially. By December, that number had risen to 76%.
A parent’s choice of school for their child should not be based on their ability to afford the uniform, but I am afraid the evidence compiled by The Children’s Society, and demonstrated throughout the journey of the Bill, highlights that that is the case. That is simply not acceptable. Some hon. Members have disputed the figures provided by The Children’s Society, but they were real families’ experiences: 1,000 families were surveyed in 2020, and the average cost of a secondary uniform was £337. For primary schools, it was £315. That is their experience, although people can certainly dispute it.
A vital part of this guidance will be ensuring that choice and availability for parents are extended, while opening up competition to all uniform suppliers—an opportunity welcomed by many manufacturers up and down the country. If a family simply cannot afford to keep up with uniform costs, it is ultimately the child’s education that suffers.
We heard on Report from MPs across the political divide of cases where children have been sent home or punished where they have been unable to replace the required item of school uniform, or have faced bullying from other students. That indignity needs to stop. The practice of branding everything a child wears as part of a school uniform must be curtailed. Branded facemasks have now been added to branded socks, blazers, ties, skirts, caps, bags, coats and much more. I hope that the statutory guidance will minimise that.
All families should benefit from the Bill, and people should not miss out because of the type of school they attend. Thus, it is important in building the new guidance that it is there to benefit every school, not excluding schools of certain types. It is important that the guidance is issued as soon as possible, so that schools have time to adapt uniform policies before it comes into force. Picking up on a point made earlier on Report by the hon. Member for Christchurch (Sir Christopher Chope), I would hope that the guidance would be in place by 2021-22.
This campaign is not new; children, and The Children’s Society, have been campaigning since 2014 to make this happen. Today is a real chance to make it happen. Let us all work together—let us make it happen.
Nick Gibb
May I once again congratulate the hon. Member for Weaver Vale (Mike Amesbury) on progressing his private Member’s Bill to this stage? I look forward to continuing to work with him on this important issue. I thank all Members who have contributed to the debate, including my hon. Friends the Members for Christchurch (Sir Christopher Chope), for Shipley (Philip Davies), for Berwickshire, Roxburgh and Selkirk (John Lamont) and for Northampton South (Andrew Lewer).
Sir Christopher Chope
On a point of order, Madam Deputy Speaker. I did not rise in my place to speak on Third Reading because I understood that, as I was on the call list, I would be called, but the Minister is after me on the call list.
Madam Deputy Speaker (Dame Eleanor Laing)
Well, that is an interesting point of order. I must say to the hon. Gentleman that the order of the call list is a matter for me. Yes, things are written down and these are unusual proceedings, but the order in which Members are called to speak is still a matter for the Chair. He will of course have his turn in due course.
Nick Gibb
I also thank the hon. Members for Putney (Fleur Anderson) and for Kingston upon Hull West and Hessle (Emma Hardy).
Uniform helps to promote the ethos of a school and set an appropriate tone. Moreover, by creating a common identity among pupils, a school uniform can act as a social leveller. The Bill will protect and reinforce that role.
I know that many Members, including my hon. Friend the Member for Christchurch, will want to know the intended contents of the statutory guidance, so I will take this opportunity to set out briefly our proposed approach to the key issues raised in the debate. In developing and implementing their school uniform policy, schools should consider the total cost of all items of uniform or clothing that parents will need to provide while the pupil is at the school.
On the question of branded items, the current non-statutory guidance states that compulsory branded items should be kept to a minimum. We plan to keep that approach in the statutory guidance and, additionally, specify that their use should be limited to low-cost or long-lasting items. We will provide guidance about ways to reap the benefits of a branded item while also keeping costs low. The Government believe that this approach will set a clear expectation on schools not to overuse branded items, while allowing schools to take sensible decisions in their own contexts.
On sole-supplier arrangements, schools should be able to demonstrate that they have obtained best value for money in their supply arrangements, but we do not intend to ban sole-supplier contracts. To ensure that there is competition and transparency, we want schools to tender their school uniform contracts regularly—at least every five years. To support schools to carry out good tenders, we will provide information on the key areas to consider when tendering their uniform contracts. The Bill will not punish good suppliers; far from it. Their emphasis on quality and value for money will be rewarded as standards across the industry increase due to competition.
I believe that second-hand uniform can play a valuable role in keeping costs reasonable for all parents, and I know that many Members share that view. I would like every school to ensure that arrangements are in place to make second-hand school uniform available for parents to acquire. I myself had a second-hand rugby shirt at school, and I can confirm that when I grew out of it, after a few years, it remained in the same pristine condition it had been in when my parents purchased it.
Sir Christopher Chope
I will resist the temptation to comment on the Minister’s last point, but he has made an important statement about second-hand uniform. Will there be a requirement in the statutory guidance for schools to provide facilities for the sale and exchange of second-hand uniform?
Nick Gibb
The statutory guidance will of course refer to the importance of there being facilities for parents to be able to acquire second-hand uniform.
It is my intention to engage with representatives of schools, parents and other interested parties in drafting and finalising the statutory guidance. My hon. Friend the Member for Christchurch and the hon. Member for Putney asked about the timing of the implementation of the guidance. We want schools to implement changes in a timely and considered manner to ensure that they work effectively, but we would want to make sure that in doing so parents do not incur additional costs from sudden uniform changes. We will therefore set out clearly in the statutory guidance when we expect schools to implement the requirements. I can commit that schools will not be required to make sudden changes to their uniform policy for September 2021.
The Bill will help many families throughout the country who may struggle to afford a school uniform, so the Government support it, and I urge all Members of the House to support its Third Reading.
Wes Streeting
We have had a great debate this morning and into this afternoon, and I am delighted that it looks as though the Bill will be passed and will hopefully continue its passage on to the statute book.
I strongly congratulate my hon. Friend the Member for Weaver Vale (Mike Amesbury) on his leadership in bringing the Bill forward. I thank the Minister and his Department for their engagement with the Bill, and I am grateful for the engagement of so many others, particularly the Children’s Society, which has provided a strong bedrock of research that demonstrates why the Bill is needed and has engaged constructively throughout to make the Bill possible. The Schoolwear Association and school uniform manufacturers have also engaged constructively and made some important points about the value of domestic supply chains, of ethically produced and sourced products, and of good-quality, durable products. We should not lose sight of that.
School uniforms ought to be the great social leveller. Those of us who remember the struggles that our parents had affording uniforms when we grew up, and who looked ahead to non-uniform days with trepidation rather than rather than excitement because of the pressure of having the right trainers, the right clothes and the right brands, understand why school uniforms are so important from a social justice perspective. It is not just about the importance of a school’s ethos and identity—points made very well by the Minister.
Let us get the Bill passed and make progress, and let today be an advertisement to people right across the country about the good that this House and our politics can do when people come together in common cause.
Andrew Lewer [V]
In the first debate on this Bill, which was only a year ago but, for obvious reasons, feels like a lifetime ago, there was much discussion among many Members, ranging across not only their clearly lasting memories of school uniform but the practicalities, and a general view that uniforms play a significant and valued role in educational settings.
Many of us are proud of the schools that we attended, and this sense of school pride starts with a school’s uniform, which acts as an identifier but also as a leveller. That levelling factor seems to have resonated especially strongly with the Minister and throughout the discussions that have taken place on and offline, in all senses. A sense of collective identity is important in helping children to belong, but it also helps to suppress peer pressure in respect of what children wear while on school grounds, so that we do not end up with individuals being picked on for the brand of clothing they wear. At a time of increased pressure on young people’s mental health, for very obvious reasons, that represents an unnecessary worry.
All that is why sole supplier arrangements and schoolwear suppliers are a very welcome part of the landscape and should be protected for numerous reasons that relate to that important word: values. There are the school’s values and the disciplinary advantages of avoiding the “My black trousers are Gucci; yours are from Tesco’s” situation that comes from vaguer uniform requirements—which, ironically, are often championed by those seeking lower costs for parents. There are the values of supply chains and ethical sourcing—we have heard about China, but that applies to other places, too. And there is the starting point of the Bill: value for money. A well-made £20 pair of trousers that lasts three times as long as a £10 pair is better for parents’ pockets—my hon. Friend the Member for Shipley (Philip Davies) was good enough to quote me saying something similar in the debate a year ago.
Although it is late in the progress of the Bill to rake this up again, I will just mention the value for money of uniform, which was demonstrated very clearly by the very high-quality research published by the Schoolwear Association, which set right some other less well- based research that came up with much higher figures. There is also an element of the cultural value of the British education system, which is exemplified by the wearing of school uniforms—something that should be celebrated and is replicated by many schools across the world. I can think of many British overseas schools that take pride in the wearing of uniforms, which highlights the importance the British education system is given abroad.
I am grateful to the Minister for his acknowledgment on Second Reading that single supplier contracts are valuable in ensuring year-round supply of uniform, availability of the full range of sizes, and, with all items being of the same colour and design, uniformity among pupils. I will, however, be seeking assurances from the Minister that these contracts will be explicitly protected. He has touched on this already with his hints about the guidance. As he is aware, competition on the price of school uniform happens when those contracts go out to tender, and companies compete against one another to produce an attractive bid. My concern is that this process is misunderstood. If schools work with more than one retailer, this competition is lost. Sometimes the competitive element is the tender between the school and the supplier, not between the parent direct and the suppliers. That is not always sufficiently understood. Not understanding it can mean that purchasing power is damaged for retailers, which, in turn, raises prices for customers.
I did have some grave concerns about this Bill and the ramifications that could have arisen from it in its original form. I want to emphasise to the Government that they must match their rhetoric with the action that they take in terms of being a deregulating Government, cutting red tape and not over-centralising. As some Members know, I was far from convinced that the Bill fitted very well into that expressed ethos and, indeed, used it as an example of the opposite in other policy speeches and contexts. Furthermore, the ethos of a school and what it stands for must come chiefly through the school’s own culture and leadership and the attitudes of school leaders, teachers, governors and parents. Ideally, it should not be imposed from a great Whitehall height.
In conclusion, I am glad to say that the Minister has been forthcoming and helpful throughout this process—long though it has been. Throughout the course of discussions in Committee early last year, he listened to the concerns that I and other Members raised and I thank him for that. I especially thank him for what he said in this very debate just now. I am now of the opinion that, aside from that much wider philosophical over-regulatory point, some potentially damaging worries about the Bill have been either wholly allayed or diminished. That has been helped by the added reassurances that we have received today. I will continue to reference them as that guidance is consulted on to ensure that it does not lead to excessive micro-management.
Sir Christopher Chope
It is a pleasure to speak on Third Reading. I am glad that the Minister was able to respond so quickly during his period of reflection. It was a period of reflection that lasted from the end of Report to the beginning of Third Reading. In those few moments of reflection, he was able, at a stroke, to satisfy some of the concerns that had been expressed on Report. Essentially, he has accepted, from what he said, my amendment 16. That means that schools will know that they will not be burdened by changes as a result of this Bill, which would impinge on their freedoms in the forthcoming school year starting this September. That was a very important statement and I appreciate the fact that my right hon. Friend made that today, so that the schools and their governing bodies and all the other people involved in this industry can act accordingly as a result. It was also implicit in what he said that the period of waiting, which has been going on since 2015, is now coming to an end and that people can prepare to implement this new statutory guidance. What he described as the intended content of that guidance is spot on and the schools should indeed consider the total costs of all items, including how long they will last and the quality to which they are produced. That should also apply to compulsory branded items.
As far as the sole supplier provisions are concerned, the Minister’s decision not to outlaw such agreements again accords with common sense. Contracts should be the subject of tender every five years—I think that seems a reasonable compromise, which fits in with commercial practice. He is not going to punish good suppliers, he will promote the benefits of second-hand uniform, and he is not going to go down the prescriptive route of the Welsh Labour Government, which I am sure will be a matter of great relief.
So there is a lot to celebrate. That is not a word I often use in the context of legislation that is supported by the Government, but there is a lot to celebrate in the Bill and the considered way in which it sounds as though the Minister will respond. I have just listened to my hon. Friend the Member for Northampton South (Andrew Lewer), who is a great expert on this, and if his worst fears have been allayed, I am sure that the worst fears of lots of other people will likewise have been allayed by what is in the Bill. Let all the people who are going to benefit from the Bill move forward and I encourage them, as they appreciate what is happening in relation to the forthcoming statutory guidance, to pressurise their Members of Parliament to campaign on the issue of VAT on school uniforms.
Question put and agreed to.
Bill accordingly read the Third time and passed.