Children’s Wellbeing and Schools Bill

Baroness Smith of Malvern Excerpts

Monday 27th April 2026 Lords Chamber

Moved by

[Baroness Smith of Malvern]

That this House do not insist on its Amendments 38V to 38X to Commons Amendment 38J, to which the Commons have disagreed, and do propose Amendments 38Z1 to 38Z9 to Commons Amendments 38J and 38K in lieu of Amendments 38V to 38X—

38Z1: As an Amendment to Commons Amendment 38J, in subsection (2), in inserted subsection (1)(a), leave out “features or functionalities” and insert “functionalities or other features”

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38Z9: As an Amendment to Commons Amendment 38K, after subsection (2) insert—
“(3) If the first regulations have not been laid before Parliament before the end of the period mentioned in subsection (1A)—
(a) the Secretary of State must lay before Parliament a statement explaining why, and
(b) before the end of the period of 12 months beginning with the day on which the statement under paragraph (a) is laid, the Secretary of State must lay the first regulations before Parliament.
(4) References in this section to the laying before Parliament of the first regulations are to the laying before Parliament of a draft of a statutory instrument containing the first regulations.”

[The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, in moving Motion A, I will also speak to Motions A1, A2, B, C and C1. With this group, we are debating amendments made in this House and the other place relating to a social media ban for under-16s, mobile phones in schools, and school admissions. Before getting into the details of the Motions and amendments before us, on behalf of my noble friend Lady Lloyd of Effra and myself, I thank all noble Lords who have engaged with us, ministerial colleagues and departmental officials throughout the Bill’s passage, and particularly during this rather fast-paced bit of ping-pong that we are now engaged in.

We are, hopefully, at the very end of this parliamentary Session and today brings us to the third round of ping-pong on this important Bill. That is beyond the point that the Leader of the Opposition, the noble Lord, Lord True, has generally seen as the juncture at which the unelected House should give way to the House of Commons. Noble Lords will be familiar with my history as a Member of and ministerial officeholder in the other place. That House has now spoken clearly on the matters before us on multiple occasions, endorsing the Government’s alternative proposals. I recognise, however, now that I am a Member of this place, that perhaps one advantage of noble Lords is their ability to scrutinise in detail and to push successfully for revision of government proposals. We have seen that throughout the course of consideration of this Bill. For example, for each of the issues that we are debating again this afternoon, the Government have recognised the strength of feeling expressed both here and in the other place, and we have responded on each one.

I will set out the important package of amendments that the Government have tabled to better protect children online. Once again, I am grateful for the constructive debate and committed engagement of noble Lords on this. In light of these discussions, we have strengthened our position, responding directly to your Lordships’ concerns about urgency, scope and parliamentary scrutiny. To put beyond any doubt that this Government will act in a way that responds to the concerns of your Lordships’ House, we have now gone further still. Under my Motion, we are placing a clear statutory requirement that the Secretary of State “must”, rather than “may”, act following the consultation. This removes any question of whether action will follow, while rightly allowing the detail of that action to be shaped by the evidence and by those most affected: the parents and children who have already responded to the consultation in their thousands.

The Government have now also committed to a timeline in the Bill. I am aware that there has been some commentary on this proposed timeline over the weekend, and I will therefore set out our position clearly to inform this debate. This Government are committed to moving as quickly as possible on this important issue. The timeline set out in our power is a ceiling, not a target. I recognise that there are particular concerns regarding the inclusion of an option for the Secretary of State to further extend the timeline. To be clear, this extension would be deployed only in exceptional unforeseen circumstances that prevent the Government meeting the original deadline. This is not a means of delaying regulation but a measure of last resort, to be used only if absolutely necessary. Noble Lords should therefore think of the implementation timescale as 24 months at the outside, rather than any longer, and remain mindful of my earlier remarks about this being a ceiling, not a target.

We have also listened carefully to concerns about harmful and potentially addictive design features. As noble Lords will know, the consultation seeks views on restrictions to addictive features and functionalities, and we have therefore tabled a further amendment specifically requiring the Secretary of State to have due regard to such features when deciding how to exercise the power, ensuring that these risks are properly addressed in the legislation.

I hope noble Lords will recognise that, taken together, these changes demonstrate the Government’s determination to proceed with this work and to do so in a manner that meets the concerns raised across both Houses. They provide certainty of action, a clear timetable and stronger recognition of harmful and addictive design. This is a balanced, evidence-led approach that protects children now and remains fit for the digital challenges ahead. I hope noble Lords will recognise this as a credible and responsible landing point, and support the Government’s amendment to deliver strong, effective and decisive action.

Motion A1, tabled by the noble Lord, Lord Nash, insists on the same amendment that was brought to the House last week and would amend government Amendment 38J. It would require the Secretary of State to restrict under-16s from accessing user-to-user services or to restrict specific features or functionalities when making these regulations. I thank the noble Lord and his supporters again for their sustained focus on these vital issues. Protecting children online is not a point of difference between us; it is a shared priority that this Government are determined to deliver on. I welcome the progress already made and the constructive way in which the noble Lord’s amendment now reflects the Government’s approach. However, the government consultation and the legislative means in the Government’s amendment are the most responsible way to get this right, ensuring effective outcomes for children that will last.

The noble Lord’s amendment also specifies the age of 16 for restrictions. We cannot place an under-16 age limit in the Bill; doing so would require the Government to act before the evidence-gathering process is complete and would pre-empt the consultation. The consultation has already received more than 55,000 responses, demonstrating the public’s desire to shape the Government’s approach—and it is right that we listen to them. We recognise that many restrictions may be appropriate for age 16; there may also be specific interventions better suited for those over 16. Many Members of this House have rightly recognised that children of different ages interact with these services differently, which is why the government power now specifically acknowledges this.

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[Baroness Smith of Malvern (Lab)]

My Lords, in starting, I too recognise the contribution of my noble friend Lord Hacking. But I have to say, as a former Chief Whip in the other place, I am not quite of the same view that rebelling against your party is a sign of conscience. Nevertheless, I thank him for his service and comradeship to me since I have been in this House.

[Lord Hacking (Lab)]

Thank you very much.

[Baroness Smith of Malvern (Lab)]

I am sure the noble Lord will remain busy even if he is not here. I look forward to hearing his views from afar, as I have heard them from behind me over recent years.

I turn now to Lords Amendments 38V and 38X. This Government have listened carefully to the concerns raised in both Houses and acted decisively to directly address them. I understand from today’s debate that there is a view among noble Lords that the Government may not yet have gone far enough. But it is of course important to remember that it is the passing of this Bill that will ensure that the progress that has been made will be on the statute book.

We are absolutely committed to protecting children online and doing it the right way. Throughout the whole Bill, that has involved discussion, consultation and engagement, including, earlier in its passage, with the noble Lord, Lord Russell, and the noble Baroness, Lady Kidron, whom I had the pleasure of meeting on a range of issues, which we then looked at in detail in Committee.

Noble Lords have told us that the progress we need to make on this cannot be optional. We agree—that is why we have now put in the Bill the statutory requirement that the Secretary of State “must”, rather than “may”, act following the outcomes of the consultation. Please be reassured that, due to that change, action will follow. It must follow.

Your Lordships’ House also told us that this must happen at pace. That is why we have committed in legislation to a clear timeline. The six-month progress report must set out when regulations will be made. I will come back to that timing point in a moment.

The noble Lord, Lord Nash, reiterated his demand that the age of 16 is included on the face of the legislation. Again, I know there is not necessarily a consensus on whether this is the right thing to do, even among those who are not satisfied with how far the Government have gone already. I think the reason is that it pre-empts the outcome of our consultation, which seeks views on what restrictions on what features and at what age would be best.

We want to be confident that what we introduce works for all children, including the most vulnerable. That is why we are not waiting; we are testing options now, taking evidence from families, and, as I have said, we are putting the legislative powers in place to act quickly once the consultation closes. Our amendment allows for this outcome, but it also allows for a range of other outcomes, including, as I suggested earlier, for example, restricting some of the most harmful functionalities for children older than 16.

We rightly heard noble Lords’ concerns around the harmful and potentially addictive nature of many services. That is exactly why this is explicitly addressed in the consultation. However, in legislation, we have to be a little bit careful about the terms we use. Addiction, for example, is a medical term. A specific diagnosis of social media addiction has not been medically recognised and is a contested concept. If we are not careful, using this term in the legislation is likely to create a high bar for the exercise of the power to tackle the problem of addictive design as it is colloquially understood. Our drafting is intended to specifically capture features which might cause children to overuse services in a risky or harmful way. The Secretary of State must have due regard to these features in exercising the power.

We have gone even further, with a legislative commitment that the Secretary of State must now have regard to how services and features could impact children’s usage of services, and the potential harms excessive use might cause. Collectively, these changes represent a significant strengthening of the Government’s position. They provide certainty of action, urgency and stronger safeguards for children. I urge noble Lords to recognise how far we have gone and to support the government amendments.

We particularly recognise the concerns that have been voiced during this debate and more widely regarding the Government’s intended timescales. I repeat that the power to extend is designed to cover exceptional circumstances only, rather than being a means of delay. Nevertheless, we have heard the arguments this afternoon and I am sure that my colleagues in the Commons will have more to say on timings when the Bill returns to the other place this evening. I am sure everybody will have noted the offer of the noble Lord, Lord Nash, to continue with his constructive engagement with Ministers on that and other issues.

I thank the noble Baroness, Lady Barran, for recognising the progress that we have made on admissions and the published admissions numbers. I hope and believe that we can now be confident that these changes will help to ensure that school admission numbers give all parents a choice of high-quality local school places. That is the objective that we share.

On Amendment 106 in relation to mobile phones, I am grateful to the noble Baroness for recognising the progress that we have made on this, the clarity of the Government’s position that pupils should not have access to their mobile phones during the school day and the recognition of the assurances that my honourable friend Minister Bailey was able to give around the strengthening of the guidance and the enforcement support that we will now put in place.

I recognise the point made by the noble Baroness about the behaviour survey being a good way to measure the impact of the changes the Government have already made. For that reason, I am able to say to the noble Baroness that we can commit to looking at the behaviour survey, seeing the impacts and using that to make any necessary revisions to the guidance by September 2027.

With those assurances, I hope that noble Lords will feel able to support the Government given the considerable movement that I think we have made in a range of areas.

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Moved by

[Baroness Smith of Malvern]

That this House do not insist on its Amendment 102, in respect of which the Commons have insisted on their disagreement, and do agree with the Commons in their Amendments 102J to 102M.

102J: Clause 56, page 118, line 29, at end insert—
“(4A) In making a determination under subsection (3) or (4), the adjudicator must take into account the potential impact of the determination on—
(a) the quality of education provided at—
(i) the school in question, and
(ii) other schools within the relevant area, and
(b) the ability to give effect to parental preference for—
(i) the school in question, and
(ii) other schools within the relevant area.
(4B) Before determining an admission number under subsection (3) or (4) that is lower than the admission number specified in the admission arrangements to which the objection or reference relates, the adjudicator must consult and have regard to the views of the following persons about alternatives to lowering the admission number—
(a) the local authority for each school within the relevant area,
(b) the admission authority for the school in question, if different from the local authority for the school, and
(c) the Secretary of State.”

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102M: Clause 56, page 118, line 41, at end insert—
““relevant area”, in relation to a school, has the same meaning as in section 88F (see subsection (4) of that section).”

[Baroness Smith of Malvern (Lab)]

My Lords, I have already spoken to Motion B. I beg to move.

Motion B agreed.

Moved by

[Baroness Smith of Malvern]

That this House do not insist on its Amendment 106, in respect of which the Commons have insisted on their disagreement, and do agree with the Commons in their Amendments 106G to 106J.

106G: 106G After Clause 29, insert the following new Clause—
“Guidance on use of mobile phones etc in schools in England
(1) In Part 10 of the Education Act 1996, after Chapter 2 insert—
“CHAPTER 2A
GUIDANCE ON MOBILE PHONES ETC: SCHOOLS IN ENGLAND
550C Guidance on use of mobile phones etc in schools in England
(1) The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.
(2) The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them—
(a) during school hours, and
(b) on school premises.
(3) Subsections (4) to (6) apply for the purposes of this section.
(4) “Appropriate person” means—
(a) for the following kinds of school, the head teacher—
(i) a community, foundation or voluntary school;
(ii) a community or foundation special school;
(iii) a maintained nursery school;
(iv) a pupil referral unit;
(v) a school approved by the Secretary of State under section 342 (approval of non-maintained special schools);
(b) for any other kind of school, the proprietor.
(5) “School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day.
(6) References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.”
(2) In section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy), after subsection (6) insert—
“(7) If a notification or guidance given under section 88(2)(b) to the head teacher of a relevant school in England is inconsistent with guidance to which head teachers of relevant schools in England are required to have regard by section 550C of EA 1996 (guidance on use of mobile phones etc), the duty under subsection (2)(b) does not apply to the extent of the inconsistency.””

106J: Title, line 5, after “uniform;” insert “about guidance relating to use of mobile phones and other interactive communication devices in schools;”

[Baroness Smith of Malvern (Lab)]

My Lords, I have already spoken to Motion C. I beg to move.

Motion C1 not moved.

Motion C agreed.