Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Wednesday 28th June 2023 Grand Committee

I will stop there and look forward to listening to what others have to say on this matter.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I declare an interest as a member of the Secondary Legislation Scrutiny Committee. We are joined today by the chair of our committee, the noble Lord, Lord Hunt of Wirral. I speak in a personal capacity.

I concur with our committee’s report on this legislation. I know that the rule of the committee is to consider only instruments laid before the House of Lords and to draw the House’s attention to those that meet our reporting grounds. It is then for the House to determine what further action is required.

However, with reference to this SI and its controversial nature, and the need for proper, adequate consultation—as already indicated by the noble Lord, Lord Morrow—with schools, boards of governors and churches, which in many instances own the schools, I urge the Minister to bring forward the necessary legislation to push back the implementation date to allow that consultation to take place. I ask the Minister to consider that. It would allow time for a public consultation and ensure that the policy can be fully developed.

In fact, at the weekend, I spoke to one of the principals of a Catholic grammar school in Downpatrick. He was concerned about the outworkings of the action. He is fully cognisant that we now live in a more liberal world and he feels that the content probably can be delivered sensitively, but it would be preferable if there was consultation that allowed for informed choices to be made.

I contend that the manner and content of this legislation suggests a level of arrogance on the part of the NIO and a total disregard for schools, parents and their management structures, many of which are in the faith-based sector. I feel that they have been treated with total ignominy.

The Secondary Legislation Scrutiny Committee received representations from a broad range of bodies, including all the churches in Northern Ireland, the Catholic Schools’ Trustee Service—I declare an interest as I was taught in the Catholic sector—the Controlled Schools’ Support Council, Right to Life UK, the Christian Institute, the Presbyterian Church and the Transferor Representatives’ Council. They all raised several concerns, which have been reflected in the SLSC submission to your Lordships’ House. The lack of public consultation prior to the regulations coming into effect has caused immense concern. The NIO told the committee in its responses that there was “no legal requirement” to conduct a consultation—why is that the case?—but that it had

“engaged with a range of stakeholders and statutory organisations”.

Can the Minister say which stakeholders and statutory organisations? What responses did the NIO receive? Were these responses published? What did the responses state? Was there any engagement with those groups directly involved with young people—teachers, parents, boards of governors, the controlling bodies and the churches?

The SLSC, as the noble Lord, Lord Morrow, referred to, concludes that, given the controversial nature of this policy and strong views expressed in submissions to the committee, a full public consultation “would have been appropriate”. The report also points out that other comparable policy changes, including when similar regulations were introduced for England, were subject to a public consultation before implementation. Why was there no public consultation for Northern Ireland? Why was there no recognition of the need to work with all involved in delivering education, particularly those in faith-based environments—and particularly in Northern Ireland, where the subject of abortion is highly controversial. Why was there no recognition of the need to acknowledge and respect the ethos and faith-based nature of many of our schools?

There is no doubt that full public consultation can result in improved policy-making. Sadly, we are at variance in Northern Ireland with what happened in England. If I may, I just quote what the Catholic Schools’ Trustee Service said in its submission; Bishop Donal McKeown, the chair of that service, said:

“We have a particular concern regarding the Explanatory note to the Regulations which proposes a programme of RSE that does not advocate or promote any particular opinion. This requirement runs entirely contrary to the very existence of a faith-based sector which is committed to an ethos, one which parents & carers have specifically chosen for their children”.


The submission further states:

“We would highlight the contrast between this legislative requirement and that which applies to schools in England. The House of Commons Library Report”—


Relationships and Sex Education in Schools (England) from 23 March 2023—

“notes, ‘Schools will have flexibility over how they deliver these subjects, so they can develop an integrated approach that is sensitive to the needs of the local community; and, as now, faith schools will continue to be able to teach in accordance with the tenets of their faith’. Why are these rights, passed overwhelmingly in 2019, in the House of Commons by approval of 538 MPs being denied to schools in Northern Ireland?”

Noble Lords from Northern Ireland need answers to that question. That submission also says:

“The guidance for England also makes explicitly clear that provision for RSE is set, ‘within the context of a school’s broader ethos and approach to developing pupils socially, morally, spiritually and culturally’ The requirements set out in the legislation for Northern Ireland pose a very different and, indeed, contradictory approach to that approved for schools in England”.


While the regulations were laid by the NIO, much of the detailed implementation of the policy will fall to the Department of Education in Northern Ireland. Some aspects of the policy underpinning the regulations, including procedures to allow parents to withdraw their children from sexuality education, may apparently not be developed by the policy implementation date of 1 January 2024—but maybe the Minister has a different view on that. This will be of concern to parents, and it would be useful to fully tease out and get answers on it.

I believe that parents have the right to choose what sort of sexual education their children should receive. The failure to respect the autonomy of parents in this sensitive area is alarming and contrary to any elementary concept of democratic choice. We suggest that the Government should reflect on the European convention, which states that, in the exercise of education,

“the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.

To coincide with the trend of inadequate explanatory memoranda that we receive from other departments—the chair of our committee will be fully aware of that—the NIO has stated in its Explanatory Notes that these regulations would have

“no, or no significant, impact on the private, voluntary or public sectors”.

I would like to know this from the Minister: how was that conclusion arrived at, and on what basis was this assessment made?

The Assembly and Executive are the rightful places to deal with such issues, and I hope that there is a restoration. A pause would therefore be suitable to allow a consultation, which would then allow a reformed Assembly and Executive to formulate a policy with legislation on sexuality education matters which is specific to Northern Ireland and takes on board the ethos and faith-based nature of many schools.

This legislation places significant new responsibilities on boards of governors and principals. I feel that it directly undermines the rights of parents and challenges the rights of trustees to promote that faith-based education. What training will be provided to schools, boards of governors and teachers? What funding will be provided during this time of difficult financial challenges for schools, which we hear about daily?

More thought and reflection are required. I ask the Minister to give that and allow a consultation to take place, as well as meetings with all those involved, to ensure that a policy is put in place that fully reflects the needs of all.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I am sure that the Minister knows that some things will have to be repeated as he listens to this debate. Perhaps after the Members from Northern Ireland have spoken a number of times, it will indeed affect his and the department’s thinking.

In my humble opinion, which I have a right to, I confess that the statutory instrument before us today is a disgrace to any Government. Forcing all primary schools in Northern Ireland, including faith schools, to teach girls that they have a right to an abortion and telling them how to get one without their parents finding out, even if they are under age, is unbelievable in what is supposed to be a democratic society.

--- Later in debate ---

[Lord Caine (Con)]

I do not have the Hansard from June or July 2019 in front of me but the amendment was very clear in the obligations that it placed on the Secretary of State for Northern Ireland to introduce CEDAW-compliant regulations, which are now enshrined in statute.

I was about to go on to the major themes of the debate, which is why the laying of the regulations was not preceded by a public consultation—a criticism made by many noble Lords this afternoon and contained in the report of the Secondary Legislation Scrutiny Committee. A number of factors led the Northern Ireland Office to the conclusion that a public consultation was not required in this instance. First, the CEDAW recommendation—I repeat: under the executive formation Act, the Secretary of State has a duty to implement it—is clear that it requires topics such as abortion and contraception to be compulsory components of the curriculum. That is what these regulations will introduce; no amount of public consultation will change the statutory requirement to comply with CEDAW.

While we are on that, the noble Baroness, Lady Ritchie of Downpatrick, asked me about the number of stakeholders that the Northern Ireland Office had discussed. I will just read out one or two of the organisations. There was Love for Life, Common Use, Amnesty, the National Society for the Protection of Young People, the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, the Alliance for Choice and Parentkind.

Secondly, my department conducted an equality assessment under Section 75 of the Northern Ireland Act 1998, in consultation with the Equality Commission for Northern Ireland, and concluded that there was no need for the NIO to consult publicly as it is actually for the Department for Education to issue the guidance on how these issues are taught in schools and for monitoring and collecting any equality data.

[Baroness Ritchie of Downpatrick (Lab)]

The Minister has highlighted the various organisations that were consulted as stakeholders. Does the Northern Ireland Office not consider schools and their governing bodies across the board to be required stakeholders? If so, why were they not considered? Is that not a level of disrespect?

[Lord Caine (Con)]

If the noble Baroness will forgive me, I shall address that issue in a second or two.

Thirdly, we were also informed by the Department of Education in a briefing paper that significant stakeholder consultation haud taken place on the RSE Progression Framework that it has been developing with the Council for the Curriculum, Examinations and Assessment over a number of years. This is the document that will be updated and used as guidance issued by the department.

Although the current law and circumstances dictate that it falls to the Northern Ireland Office that CEDAW-compliant RSE is a compulsory part of the curriculum, it is rightly for the Department of Education in Northern Ireland to take that requirement forward. In that context, I can inform noble Lords that the Department of Education has now assured us that it aims to launch a public consultation on both the guidance and the opt-out scheme at the beginning of the 2023-24 academic year—that is, in September—to meet the duty to issue guidance by 1 January 2024.