(2 days, 7 hours ago)
Lords ChamberMy Lords, in many ways the test of the Government’s success in reforming public services will be whether we can crack the tough nut of children’s social care. It has been quite clear from the debates on the last three groups that this is a major challenge. I declare my interests as the founding chair of Social Enterprise UK, and I am on the social economy APPG. I am an associate of Social Business International and, for the past 10 years or so, I have been working with leaders of social enterprises that provide public services.
I might have preferred to have made this speech in the earlier debate, at the beginning of the afternoon, but I am afraid I could not make it here in time for its opening. However, this is an appropriate group because we are talking essentially about procurement and finance.
As the noble Lord said earlier, I think it was in the previous debate, the Independent Review of Children’s Social Care, led by Josh MacAlister, described how the current system leads to unacceptable, poor outcomes for children and rising costs—private equity was referred to by the noble Baroness. It found that care packages are dictated by the market, not by children’s needs. Excessive profiteering has minimised resources and created public disgust. His central recommendation was for government to launch a reform programme, a radical reset to fix the broken care market, which has failed our most vulnerable children.
While I absolutely welcome the Government’s spending review commitments to fund family help, capital for residential care and fostering and other reforms linked to the MacAlister review, I feel that you cannot throw money at children’s social care and expect things to get better unless we actually also change. I want to see commissioners lever the well-evidenced voluntary sector, social enterprise and other forms of care to have a diverse marketplace in children’s social care.
At Second Reading I mentioned the wonderful Juno community interest company in Liverpool, Social AdVentures in Manchester and the Lighthouse Pedagogy Trust in London. All are boosting the life chances of our most vulnerable young people, and all exist for public service and benefit. They are efficient, entrepreneurial, transparent and accountable. They are sustainable and plough their profits into their social mission, often providing preventive and complementary services.
These organisations win tenders in open procurement processes yet are exceptions in a system that incentivises what you might call “social washing”—let me explain. Commissioners plan and design services to meet local needs and must consider social value when choosing providers, a concept brought into law by the social value Act, which I was very pleased indeed to help get on to the statute book, along with other noble Lords.
Scoring bids for social value means that public bodies consider and try to measure public and community benefits alongside value for money when they procure services we depend on, but in practice the system can be gamed or the process inadvertently rigged. Bidders promise outputs that they will never attain and do not achieve, and are barely held accountable.
Many commissioners know that social enterprises, co-operatives, mutuals, leisure trusts, employee-owned businesses, charities and trading charities deliver high-quality public services that meet community needs, and many have long wanted them to take a bigger role in public services. This chimes with the public’s view too.
The recent Procurement Act gave commissioners new tools and flexibilities and came into force in February this year after Cabinet Office Minister Georgia Gould introduced the national procurement policy and the social value procurement notice, which referenced the role of these kinds of organisations and the idea of codesigning with communities. There is no point in having the best regulation—which I am very proud of—if we do not use it and the opportunities it gives us. Commissioners can collaborate with social enterprise providers, charities and other businesses. Procurement regulations should be an enabler, not a barrier.
What in the Bill will allow this real change to take place? Do we need to strengthen the Bill in some ways to allow these redesigns to happen? In the earlier debate, I was very struck by the question of planning and so on—because of course it is the whole system that needs to be thought of. Might my noble friend the Minister organise a round table where we could address the new role of procurement to bring about the change we need in this particular marketplace before we reach Report?
My Lords, I would like to support my noble friend Lady Sanderson of Welton on Amendment 134A. Noble Lords will not be surprised to know I shall be championing local authorities around the cost of children’s homes.
I want to give noble Lords a bit of a reality check, and to do so I am going to reference two examples. The first is about supported living for care leavers aged 21 to 25. They are nearly adults, need very little support and are very nearly independent. A semi-detached house is created that can take up to five young people with very little supervision. The cost for one young person in that provision is actually £500 per week. That is nearly as much as any landlord would get to rent out that property for a month: £2,000 a month. If you have got five young people in there, that is one hell of a profit margin. You can see why people go down that route and why we are having to grapple with the costs.
The second case is about a property that had been sought and used as secure accommodation with 24/7 support. It was another council that placed it in our borough. It was worth it getting the property and having 24/7 support for secure accommodation. Obviously, it had made the decision that either it could not afford to get that accommodation through normal routes or that this was good value. We first knew about it when we read police reports saying this young person, who is in 24/7 secure accommodation with two people, had gone missing. I was jumping up and down saying, “We’ve got a young child gone missing”. But it was not our child—we did not even know this young person was in our borough. That is expensive accommodation.
Earlier on, the noble and learned Baroness, Lady Butler-Sloss, said that you would know if people were placed in your borough—but you do not. I am sure the Minister will have something to say about that. In addition to the knowledge that this young person is placed in your borough, the cost of 24/7 care and accommodation for one person in your borough is phenomenal. Local authorities are not perfect, but we are grappling with some of these things on a daily basis, which push the costs up, and some of this transparency might deal with it. I look forward to the Minister’s response.
My Lords, I rise to support Amendment 134A, tabled by the noble Baroness, Lady Sanderson. I also believe that the transparency of prices should extend to the SEND sector. I agree we need responsible, not highly leveraged, private investment. I understand why the Government are bringing forward these provisions of a profits cap and monetary penalties, because, of course, none of us wants cowboys looking after our children. What worries me, however, is that these kinds of assets are already very out of favour in the private equity sector, which is struggling to sell the assets it has. The provision of the profit cap and monetary penalties or fines is just going to drive capacity out of the sector, and I really am worried about this. Who is going to replace the inevitable lack of capacity that I am sure will result as a consequence of these provisions?
In an ideal world, of course, many of us would like all provision for these kinds of children to be run by charities or the public sector, although some public sector operators have had their own problems. We do not, however, live in an ideal world; the public sector has no money, and charities are struggling to raise money. Most of the private equity operators are highly professional operators, very concerned about their reputation and safety and the quality of their provision, and we need to encourage them. Otherwise, we will have—and I predict this will lead to—a massive shortage of capacity as a result of fines and caps. I am, however, all for full transparency.
How does the noble Lord feel that we need to make the transition to the kind of system that we want, if he is so worried about the reduction in capacity? How do you deal with the profit gouging that has gone on? If you sort of say you do not have profit gouging, what happens when the suppliers walk away?
Transparency is a good start. I think it is the case, and I know there are vastly different prices charged around the country, perhaps for different reasons, property prices or whatever; but I think transparency is key. I agree with the noble Lord, Lord Addington: I think that trying to interfere in markets is generally dangerous and you generally have unintended consequences. Everybody knows that I am a career venture-capital private-equity guy, but I do know that these assets are completely out of favour.
There are a number of groups that have these assets and cannot sell them, and we are just going to run out of money, so I think the Government need to be very careful. I say that as somebody who is very concerned about this sector, and that is why I am here. I do not have any magic solutions, but I think that, if people are threatened with fines, who is going to want to run these homes? Individuals. It is something that needs to be thought about very carefully.
(3 months, 2 weeks ago)
Lords ChamberI certainly agree that we do not want to go back to the days of Section 28 and intolerance throughout society. It is important that children get the opportunity at the appropriate time to learn, from trusted teachers and with the support of their parents, the precise skills and knowledge that will enable them to grow up safe and, as the noble Lord says, in a way that will give them a fulfilled life.
My Lords, the 2019 RSHE guidance was praised for its robust, evidence-based, cross-party and cross-sector support. Will my noble friend the Minister take note of concerns that revised guidance could undermine children’s access to protective and preventive education if teachers are not supported to engage with the questions that pupils seek answers to when looking to understand the real world around them? If children are forced to turn to the internet for their education, does my noble friend agree that this carries real risks?
My noble friend is right that one of the important decisions that schools need to be supported in making is delivering the right content at the right time for students to gain, from trusted sources, the information that they need to grow up properly and to keep themselves safe. That is of course our key aim in reviewing the guidance, ensuring that children’s well-being is at the heart of it. That includes ensuring that they have the knowledge they need at the right time to help them to be safe.
(7 months ago)
Lords ChamberI welcome the noble Lord’s welcome for this work. I agree with the point that has just been made that it is important that we work closely with partners across local government to address this. The noble Lord is right that more detail will be set out in the local government settlement, but it is not for me to decide whether there will be a debate. However, I assure the noble Lord that, if there is one and if I am called on, I will be more than happy to come and give more detail on how the spending will help to support progress on the objectives that we have set as quickly as possible, as he rightly says.
The problem of how far children live from their homes—I think over 20% of children live more than 20 miles away from their home authority—has been around for a very long time. That is not a reason not to take quick action; the noble Lord is right. This will be difficult, but we are absolutely determined to make progress.
My Lords, the Competition and Markets Authority concluded in a recent report:
“The UK has sleepwalked into a dysfunctional children’s social care market”.
That is on the Benches opposite. I raised this as a question a few weeks ago, when my noble friend the Minister agreed to have a conversation about the diversity of suppliers that are needed in this sector: social enterprises, charities and community-based businesses. I look forward to that discussion being helpful in this process.
However, it seems to me that the challenge that the Government and local authorities will face is how to transition away from companies making excess profits in a dysfunctional market to local government getting cost-effective, proper suppliers in this marketplace. One of the reasons that local authorities have been trapped in the profit gouging is their legal imperative to provide care for some of our most difficult children. How do the Government intend to bring about that transition to make sure that no children find themselves with no care at all?
My noble friend makes an important point. She is absolutely right that we are seeing profiteering in this market. The Competition and Markets Authority found profit levels of nearly 23% for the 15 largest providers of children’s homes. There is good provision in the private sector and there will still need to be private sector provision as we develop, but a 23% profit level is not appropriate competition.
The first solution, as my noble friend said, is to increase the supply of placements—this is where the £90 million is important—and we can use local authorities, the voluntary and charitable sector and ethical investors to do that. That has to be the first step. In making this Statement, my right honourable friend has also made it clear that we will not stand by if that message and action do not provide the necessary placements and we continue to see the profiteering that is breaking the banks of local authorities, when it comes to providing the care that children need. We will take action on that profiteering, if necessary, and we will have the legislative ability to do it in the children’s well-being Bill.
(7 months, 2 weeks ago)
Lords ChamberI think I can probably understand how the noble Lord was going to finish his question. I tend to agree with him, and I will be committed, alongside my other equality responsibilities to this House, to ensuring that we make progress on disability access as well.
My Lords, having listened to the questions posed by noble Lords and the sensible responses from my noble friend the Minister, I think the Question is really about the need for accurate data on sex and gender identity, and finding the right way to get that data. A climate of distrust and defensiveness is unhelpful if our researchers are to advance our understanding in this area without fear of accusations of bias.
My noble friend is absolutely right. It is important that academics and researchers can do their work. It is important that government statistics are determined and regulated independently of government and political arguments. The work plan that will be set out in December is intended to ensure that this happens.
(7 months, 3 weeks ago)
Lords ChamberThe noble Lord is right, in that in the children’s home market, 83% of provision is now private. To be clear, there is high-quality private children’s home provision, just as there is in the local authority and voluntary sectors. What is important, as the noble Lord says, is that children can be placed securely in those homes—that they are not being constantly moved from one to another—and that they get the care they need. It is absolutely true that moving children frequently and taking them far away from friends and perhaps other family members is not in their best interests. That is why we need to tackle this, and we will take further action on regulating the sector in the children’s well-being Bill.
My Lords, I welcome my noble friend’s announcement today. Surely, the promised reform of public services must prioritise the provision of residential care for our most vulnerable looked-after children, and we have to deal with inadequate care and profit gouging. There are some great examples of good provision, particularly in the voluntary sector and social enterprises. Can my noble friend assure me that this issue is being addressed across government, given that the Cabinet Office is involved regarding procurement, and the MHCLG and Department for Education are also involved? Will my noble friend meet with me so that I can share some of the good practice I have seen and heard about in recent months?
My noble friend is absolutely right. Because of the disproportionate costs being placed on local authorities and the findings that Ofsted sometimes makes in unregulated homes, if we are not careful, we can forget that some brilliant work is being done, as my noble friend says, in the voluntary sector, in social enterprises and in private and local government-provided facilities. We should celebrate that, and that should be our aspiration for all children. My right honourable friend the Commons Minister and I will be very pleased to hear about those examples. They will inspire us to take forward the provisions we are planning in the children’s well- being Bill.
(1 year, 1 month ago)
Lords ChamberWith regard to the first part of my noble friend’s question, we are aware of how important the scheme is in schools, with 99% of secondary schools having placed an order since it began. The current formulation of the scheme is planned up to summer 2024, but I know that the department is in the process of confirming plans for its future. On our work with retailers, we were concerned when we abolished the tampon tax on sanitary products that not all of that benefit was passed on to consumers. That is why we are monitoring the impact on reusable period underwear, which is also now zero-rated for VAT, and making sure that that is passed on.
I thank the Minister and the Government for the scheme in our secondary schools; we have 99% take-up, so we can safely say that it is important and welcome. However, period poverty affects one in five women across the UK. Given the cost of living and the rise in prices, it is a health and gender-based injustice, with increasing numbers struggling to afford what is an essential healthcare product. The Government agreed to work collaboratively with a range of organisations to create a period poverty taskforce in 2019, but the group has not met since the pandemic. Does it intend to resume, and if so, when? Secondly, how does the programme for secondary schools deal with school holidays?
I am more than happy to follow up with the department on the noble Baroness’s first point, and I will respond to her in writing about our plans to meet the group she referred to. With regard to school holidays, the House will be aware of the Government’s enormous support for people on lower incomes, which is, obviously, available to all families during the holidays.
(1 year, 1 month ago)
Lords ChamberI thank the noble Baroness for her Question. As she will understand, this is a much more complicated area to get meaningful data on. There are five broad categories of ethnicity that are used by the ONS, for example, and 19 specific ethnicities. The Government’s concern is that there is a real risk of misleading data, particularly among smaller firms that may have very few members of staff from a minority community, and therefore a change in one or two people could distort the figures.
My Lords, Labour has a long-term plan to tackle racial inequality after the longed-for general election, if we are elected, including through our racial equality Bill, which will require large companies to report on their ethnicity pay gaps, as they already do for gender pay gaps. I know that the Minister is absolutely committed to equalities. As a common-sense way to begin the process of tackling these glaring inequalities, we would not mind at all if she would commit to this policy and persuade her Government to support it.
I will give a couple of examples. First, there was the work the Government did in 2019, when we engaged with a broad range of businesses to understand the complexities of implementing mandatory reporting in this area. It genuinely showed just how complicated it was to do. That was echoed in the Inclusive Britain report chaired by my noble friend Lord Sewell, which brought out a number of points including, critically, the difference between the ethnicity pay gap of those born in this country and those who are not born here, with which I am sure the noble Baroness is familiar.
(1 year, 3 months ago)
Lords ChamberThe Government have made tremendous strides, particularly in relation to the national living wage and the increases that we have seen in that in real terms since the Government came to power in 2010.
My Lords, the Minister and I both know what the law says about pregnancy and maternity, but the facts are that 54,000 women a year lose their job because they are pregnant and another 390,000 working mums are discriminated against or experience negative treatment, and these numbers have doubled in the last decade. On these Benches, we have a plan to deal with unfair dismissal, denial of flexible working requests and a failing parental leave system; “modest” is a very kind way of describing the Government’s parental leave system. Do the Government have a plan, and in what timeframe?
I have touched already on issues of maternity and pregnancy discrimination. The Government have already extended legal protections on redundancy and the DBT’s Pregnancy and Maternity Discrimination Advisory Board is ensuring that all our guidance is clear and fit for purpose.
(1 year, 3 months ago)
Grand CommitteeBefore the Front-Benchers intervene, I wondered if I could ask my noble friend a question.
This is not the end of the debate; it is just that I have chosen to speak at the beginning.
As the noble Lord is aware, it is perfectly all right to speak now, but I always think when doing statutory instruments that, if you have a lot of questions, as I have, it is only fair to put them in first, so the Minister and the team can think about them.
I thank the Minister for her explanation. I would like to make one little prod or poke, as it were, to the Government over this matter because it was the subject of the first Statement that the Secretary of State for Women and Equalities chose to make in her job. She did not choose to talk about why more black mothers and babies die in the maternity units in our hospitals or why we have huge misogyny in our uniformed services. She did not choose to talk about the increase in violence that our LGBT+ communities are experiencing or the problems that disabled people have with our train service and in getting jobs. She chose not to speak about those things and the fact that she chose to speak about this issue says something. Reading that debate, I think that it probably achieved the exact political purpose she wanted.
However, we can agree, I think, that it is important that this list of approved countries is kept up to date, as the Labour Government provided for when we passed the GRA in 2003. I was there and involved in the discussions around the then Bill; I helped to put it on the statute book. The list was last updated in 2011. The Government at the time said that they expected to update it within five years, but that was 13 years ago, so it is timely that we should be doing this now. My first question is: have the Government stated when they expect this order to be updated next? What is the intended timescale as we move forward? The reason why we wanted to do this in 2003 is that we knew that the world was changing constantly in this area.
With the limited information on the criteria that have been adopted by the Government in making these decisions—there is a headline list included in the Explanatory Memorandum but no further detail—can the Minister give the Committee more detail on what criteria will be applied and an assurance that they will be consistent across each case? For absolute clarity, will the changes made by this instrument have an impact on those in the UK who already hold a GRC via the overseas route? What about the applications that are currently outstanding but were initiated before this order comes into force? Can the Minister give details on how the countries affected by this instrument were both consulted ahead of the change and notified that the change was being made?
Will the changes in this instrument have any impact on the mutual recognition of UK GRCs in other countries? Further, what discussions have Ministers had about mutual recognition in other areas including equal marriage, adoption and pensions, and whether they may be impacted? Can the Minister assure the Committee that those rights are safeguarded and that discussions have been had with the relevant countries on those issues? The Explanatory Memorandum confirms that the Northern Ireland Executive and the Scottish Government were consulted; I would like to know what the outcome of that consultation was.
Finally, my colleagues in the Commons asked about Germany. There seems to be some confusion as to whether it is being removed from the list. Can the Minister give us an update for clarity? What changes are being made to the German system and when will those changes come into effect? Will there be further changes to this list in the near future to respond to those changes?
Those are my questions. If the Minister cannot give us all those details in her answer, I would be quite happy for her to write to us and put her answer in the Library.
My Lords, I apologise to the noble Baroness, Lady Thornton, for trying to get in to speak before her. I want to make only a brief intervention in this debate, merely because I am intrigued to know about the list of approved countries and territories and what is included. We have in the Explanatory Note a list of the countries that were included in 2011. It includes quite a lot of Australian states and territories, some of which have, I think, been added to this list. It then goes on to include others, including—as one would expect—countries of a progressive sort, such as Sweden.
What I find particularly peculiar is that it then includes countries such as Iran. What is the Iranian legislation on this matter? Are we allowed to see it? Is it appropriate? Is Iranian legislation really fit for purpose on a matter of this sort? I appreciate that, as my noble friend put it, only 4% of applicants are using the overseas route, so we are talking about tiny numbers, but the inclusion of countries such as Iran and one or two others—I shall not mention them, but Iran is probably the most obvious—requires some proper explanation from the Government about why they are there and what is the Iranian legislation behind it.
My Lords, I thank all noble Lords for participating in this short debate. I accept that the views expressed by the noble Baroness, Lady Barker, come from her own perspective, but her description of this Government’s records on human rights is not something that I recognise personally. I hope that, in my opening remarks, I was able to provide the Grand Committee with some clarity on the purpose and effects of this legislation.
I will try to take some of the questions from the noble Baroness, Lady Thornton, in turn. She asked about our international engagement and how other countries would be aware of these changes. Diplomatic posts have been notified of the changes. We provided them with comprehensive question and answer documents that address potential misconceptions about what this statutory instrument does. We have worked very closely at ministerial and official levels with the Foreign, Commonwealth and Development Office throughout the process, and we are monitoring the international reaction to the legislation.
The noble Baroness remarked on the delay in this work. I can only agree with her that it is overdue. We have delivered on other commitments, such as the reduction in the fee. There is no firm date for the next update of the list; we have said that we will review it frequently.
The noble Baroness also asked about how we are applying the criteria. As outlined in the Explanatory Notes to Section 2(4) of the Gender Recognition Act 2004, we have determined the phrasing “at least as rigorous” to mean, in this instance, that the criteria must match the UK legal gender recognition process. This has been applied consistently across every country and territory. Where there have been equivalences that are compliant with the UK system, we have acknowledged those, too. The full list of criteria used for this update can be found in the Explanatory Memorandum to the draft order on the legislation section of GOV.UK.
My noble friend Lord Henley asked specifically about Iran. The detail that we have on the Iranian legislation is that it goes beyond our criteria. He asked whether we had reviewed that; my assumption is yes, but if there is anything different from that, I will write to him to clarify.
The noble Baroness, Lady Thornton, asked about the impact on outstanding applications that are in process. This is not retrospective so, if people have started the process and were eligible formerly, they would still be granted a certificate.
The noble Baroness asked about the feedback from Northern Ireland and Scotland. Obviously, we had to consult with them ahead of laying the instrument. There was no comment from the Northern Ireland Administration, and the Scottish Administration had some criticisms of the Government’s approach, which is perhaps unsurprising given their approach to this issue.
I think I have answered most of the noble Baronesses’ questions, but we will check in Hansard and—
The legislation in Germany has not yet been passed. The noble Baroness alluded to this—forgive me; it was on my list.
As a team within the equalities hub, we remain very open to discussing these topics and some of the wider policies that both noble Baronesses raised.
(1 year, 3 months ago)
Lords ChamberTo ask His Majesty’s Government what plans they have to speed up progress on closing the gender pay gap.
My Lords, the gender pay gap has fallen by approximately a quarter in the last decade. It was a Conservative Government who introduced gender pay gap reporting, building on the robust equal pay protections already in the Equality Act. This has motivated employers to look at their pay data and improve workplace equality. To accelerate progress we have supported legislation to enhance flexible working, extend redundancy protection for those on maternity leave and introduce carers’ leave.
I thank the Minister for that Answer and particularly welcome the flexible working initiative. Given those endeavours, have the Government made any assessment of how quickly we might bring forward the expected date of 2044 for getting to equal pay? I invite the Minister to support the Labour policy that we should enshrine in law a full right to equal pay for black, Asian and ethnic-minority people, and disabled people, phasing this in to help employers. Does the Minister think that is a good idea?
In response to the noble Baroness’s first question, as she understands very well, a number of factors influence how quickly the gender pay gap will decline. Obviously, there is so much research now on the value of a diverse workforce and how that improves profitability and competitiveness; we hope it will accelerate. In relation to ethnicity pay gap reporting, the noble Baroness will be aware that this gap is 2.3%, much smaller than the gender pay gap. We are working on promoting our guidance on how to address this through employer groups. In relation to disability reporting, following the successful court action we are reviewing our responses to the consultation.