Schools Bill [HL]

Lord Berkeley of Knighton Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Storey (LD)]

I shall speak to my own Amendment 149, and also speak to Amendment 152 and 171C. I thank the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Meacher, for the amendments and congratulate the Government for, for the first time, trying to sort this problem out. I do not want to repeat everything that the noble Baroness, Lady Meacher, said, because she has painted the situation as it has existed, which is, frankly, totally unacceptable in our society.

I met with people from Ofsted yesterday—and I have had a long-running dialogue with Ofsted over the issue of unregistered schools. I asked them if we have sorted this issue out. They said, “Yes, Government have done the right things now, and this will make a real contribution”. They paused and said that, if we wanted to do something further, we could do, just to close that very small loophole in the issues that the noble Baroness, Lady Meacher, raised. I hope between Committee and Report, the Government might look at this again. It would be silly to have got so far, and not be able to deal with that last bit where they morph into private dwellings. I know the Minister is very keen that we deal with this, and so I hope she will think carefully about that.

I turn to unregistered schools. We talk a lot about young children and attendance at school, and a lot of time, quite rightly, we talk about special educational needs. If there is one group of young people who are constantly forgotten, and pushed from pillar to post, it is those young people who are excluded from school. They are often excluded from school for all the wrong reasons. They are often young people who have special educational needs. In fact, the vast majority of young people excluded from school have special needs. Just think what happens to them. If they are lucky, there is a pupil referral unit on the site, and that seems to me to be the right model. I know the Government are looking at expanding the number of pupil referral units. It seems right to me that they are on the school campus and they can draw from the expertise of the school, and the young people can, we hope, go back into mainstream schooling—if that is the right expression to use. I welcome that, but that is not going to deal with the problem, because the progress in providing that number of pupil referral units will take a long time.

So what happens? If they are lucky, these young people go to a registered provider, but there are not enough registered providers. There is also the issue, which we have talked about quite a lot in this Chamber, of unregistered providers. Some providers are genuine, but some just want to make money and they are almost babysitting those young people. It is absolutely awful: Ofsted told me of a number of providers that charge £50 a day, plus the taxi fare in. If you speak to Ofsted, they will tell you that. What do you get for £50? You get somebody childminding a really vulnerable young person who has special educational needs. Why does that happen? It is because we do not have the places in registered schools, and also because local authorities are strapped for cash. In the past, I have questioned why local authorities do that. I think they do it because they are strapped for cash, but also there is not the provision available. If most of the young people have special educational needs, that special educational needs money does not get to them. Certainly, the staff in these establishments do not have the qualifications, the training, the expertise or the interest in giving them the support and education these young people need.

I do not have all the answers to the current situation we are in. Clearly, the Government are looking at this issue and we need to keep it high on our agenda and keep coming back to it. Noble Lords can be sure that we on these Benches will do that.

There are a couple of practices that I do not like, and which can be closed down straightaway. There is the “managed move”, which used to happen with local authorities: a young person who was disruptive, rather than being permanently excluded from school, was moved to another school to be managed. Sometimes it worked at the other school, or then they would maybe be moved to another school, and if it did not work, they would go back to their original school. If that failed, they would be permanently excluded. Now they go on a dual register, so they are on the register of the school that they are excluded from and the school or alternative provision that they are going to but then, come the examinations, they are immediately taken off the host school, because they affect the overall results. We must examine that very carefully indeed.

The Minister knows the problem better than anybody. I just hope that we can come to some sensible moves on this.

[Lord Berkeley of Knighton (CB)]

My Lords, I want to embellish a couple of points particularly pertinent to the noble Lord, Lord Lucas, and my noble friend Lady Meacher.

Some noble Lords may remember that a few years ago we created care orders in cases of FGM for the family court. What emerged from the research that I did into that was that it was the family units that were espousing FGM but, furthermore, they liked to see themselves as a society—and, in certain cases, belonged to a society—that initiated and believed in female genital mutilation. I make this point because, as the noble Baroness, Lady Meacher, said, it is very easy for a small group of people to move from being a family unit to being accepted possibly as a “school” and thereby having the moral authority to take forward these practices and propagate them. I mention this as a point which we should bear in mind, given what my noble friend Lady Meacher and the noble Lord, Lord Lucas, were warning us about.

[Baroness Chapman of Darlington (Lab)]

The amendment tabled by the noble Baroness, Lady Meacher, is a characteristically sensible suggestion. I hope that the Government are mindful and assure the House that there is no loophole or that an amendment will be used to close it. The amendments tabled by my noble friend Lord Mendelsohn raise similar important issue. The Minister is nodding, so I am sure that she will have something positive to say about this.

The point made by the noble Lord, Lord Storey, about excluded children, is an important one. Maybe we cannot deal with everything in his remarks through this Bill, but I hope that we can attend to those issues that have been around for such a long time. We still see managed moves used far too frequently. It is gaming the system. We know that it goes on. I am sure that when we put in measures to deal with that there will then be another set of behaviours to tackle, but such is life.

On our Amendment 171G, I was very keen to get something in the Bill that has come out of Josh MacAlister’s potentially ground-breaking report. MacAlister’s argument is that in too many places the contribution and voice of education is missing from multi-agency safeguarding conversations. I hear often from partners, usually in health, how difficult it is to engage with schools. Schools want their voices to be heard and to have a statutory role but are unable to do so at the moment. The recommendation from the MacAlister report is that there should be the opportunity that there is in this Bill—well, I am saying that it is an opportunity in this Bill. If we do not take it, I wonder whether when we get the Government’s full response to the MacAlister report we will look back at this and regret that we did not take the opportunity of what is quite a simple recommendation.

School Curriculum: First Aid Training and Home Nursing

Lord Berkeley of Knighton Excerpts

Thursday 16th December 2021 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I wonder if I could draw two answers together by asking the Minister if she agrees that, apart from the important health benefits already mentioned, there is a social dividend in what is being suggested? As with playing an instrument, as we have just heard, or drama, the self-esteem resulting from an acquired discipline and the ability to help others promotes social cohesion and friendliness.

[Baroness Barran (Con)]

I agree with the noble Lord. The curriculum supports the development of a range of essential behaviours and life skills promoting confidence, team working, emotional well-being, compassion and resilience.

Relationships Education, Relationships and Sex Education, and Health Education

Lord Berkeley of Knighton Excerpts

Monday 25th February 2019 Lords Chamber

[Lord Agnew of Oulton]

I reassure my noble friend that faith is a protected characteristic and we have been clear that schools have flexibility over how they deliver these subject so that they can develop an approach that meets the needs of their local community and/or religious beliefs. All schools will be required to take into account the age and religious backgrounds of their pupils when teaching these subjects.

[Lord Berkeley of Knighton (CB)]

My Lords, in paragraph 79 of the draft guidance there is a reference to FGM. Recent events have made it very clear that getting prosecutions, however desirable they may be, is extremely difficult. I commend the Government on coming to the conclusion that education in this area is perhaps the most important facet of stopping this revolting and awful practice. Can the Minister confirm that there will be a real emphasis on educating children about FGM and supporting them when they have friends who have experienced it and might be in need of help?

[Lord Agnew of Oulton]

My Lords, I reassure the noble Lord that FGM is absolutely in the new guidance. It has been added as an extra subject. As my right honourable friend the Secretary of State said in the other place today, this is not just about educating young girls for their own protection but about changing the attitude to this in the long term so that those who go on to become nurses, doctors and health workers will understand the pure evil it represents.

English Baccalaureate: Creative and Technical Subjects

Lord Berkeley of Knighton Excerpts

Thursday 14th September 2017 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Sherbourne of Didsbury, and his love of “Romeo and Juliet” by Tchaikovsky, which I, too, studied at school. I welcome the enterprise of the noble Baroness, Lady Stedman-Scott, in bringing this vital issue before us today.

I always try to avoid being overly melodramatic when speaking in your Lordships’ House, but I have to say to the Government that the exclusion of creative subjects from the English baccalaureate has been viewed by the creative industries as disastrous. Let me explain this concern in just one particular respect, one that might—I use that word advisedly—be compounded by the outcome of Brexit negotiations. Orchestras in this country are already worried about a drop in young musicians coming through the education system, as we have heard. If recruiting from abroad and, indeed, touring abroad becomes more difficult they foresee huge problems in the coming years. Young instrumentalists need to start while their muscles and limbs are still malleable—not to mention their minds. It is like tennis, cricket, skiing or football—the earlier you start the easier it is to gain a technique or “muscle memory” as trainers like to say. That is why the Russians have such fantastic techniques. They may lack other things, but they start really young.

Can I forestall one aspect of the Minister’s possible response? He might, with some justification, point out to us that creative subjects are still available but just not as part of the EBacc. However, this, many of us feel, rather diminishes the role of the arts and music and is having a deleterious effect on the take-up of, for example, music. As my noble friend Lord Aberdare pointed out, this tends to mean that the well-off can give their children music while the poor are at a disadvantage. This at a time when the Government are always at pains to praise the revenue and reputation that the creative industries bring to this country.

Then there is the dividend of social cohesion that the arts bring to young people and thereby society at large. Here, I am very much with my noble friend Lord Bird. The arts tend to pick up waifs and strays who somehow do not fall easily into the required niche as so well described by the noble Lord, Lord Knight of Weymouth. These waifs and strays—I would have included myself in this bracket at one point—tend to fall by the wayside if not catered for. When I think back to my schooldays, it is the maverick, the outsider, who has often achieved the unexpected, the remarkable. A music master who took an interest in me helped to lift me from lacklustre academic achievement to a route that fulfilled what limited talents I had. I still have the well-thumbed scores of Bach’s “Double Violin Concerto in D minor”, Bartók’s “Concerto for Orchestra”, and yes, Tchaikovsky’s “Romeo and Juliet”, which were the O-level set works and which have remained dear to me ever since.

Acting in various school productions, from Gilbert and Sullivan to Pirandello and from John Mortimer to Shakespeare, was the best kind of education into the workings of the world and us hapless mortals—and goodness, how we need help with that. It undoubtedly helped to give me the confidence which, I am sure, helped me later as a broadcaster.

I am always amazed that this country boasts such a stunning array of world-class talent, given that our history is rather more philistine than that of some countries. We did not, for instance, have a court system of commissioning music. Hunting was more the order of the day. Sir Peter Hall, who has just died and to whom I pay tribute if I may, was just the kind of visionary who transformed British theatre by presenting not just the classics but insisting on the best of the new—David Hare, for example. Hall and Hare, and so many other artists, have stressed the burning need to introduce the arts to young children not just as a choice but as a necessity—as a central part of the curriculum.

The numbers of high achievers in the arts who trace back their success to a particular teacher and the availability and opportunity—what an important word that is—that they encountered at a young impressionable age are legion. We are hugely successful in the field of the arts but we simply cannot sit back on our laurels. Rather, we must invest in the future not just financially but in terms of the respect and importance that we attach to creativity. That is why I believe that it really was disastrous to omit creativity from the EBacc syllabus.

Education: English Baccalaureate

Lord Berkeley of Knighton Excerpts

Monday 3rd July 2017 Lords Chamber

[Lord Nash]

I agree that a GCSE is an extremely good basis. In fact, the drop in take-up of design and technology over the last six years has been less than the drop over the previous four years to 2010. We are keen to improve the quality of those subjects and to give our pupils a wider choice of subjects.

[Lord Berkeley of Knighton (CB)]

My Lords, given that the Government frequently salute the creative industries for what they bring into the Exchequer and the tourists they bring to this country, is the Minister not concerned about the next generation of creative artists, who are not getting the necessary inspiration they need while at school?

Education: A-levels in Creative Subjects

Lord Berkeley of Knighton Excerpts

Thursday 3rd November 2016 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I am most grateful to be allowed to speak briefly in the gap. I absolutely endorse what we have just heard, as well as the concerns about music articulated by the noble Baroness, Lady Brinton.

There are two particularly important dividends from giving students access to music and the arts. The first is social. As a schoolboy, I have to admit, I was a late developer academically—almost embarrassingly so—but my music master, Mr Lambert, recognised a musical spark of promise in me and guided me through O-level and A-level music. This gave me respect from my peers and, much more importantly, self-respect—a feeling of achievement. It set me on the path to where I am today as a composer. I want every young person to have this outlet.

The other dividend is economic. The Government often, rightly, congratulate the creative economy for what it contributes to the Treasury, so surely it is vital that they go on creating access, for this generation and the next generation of creative people, for what they will bring to the Treasury of this country.

Education: English Baccalaureate

Lord Berkeley of Knighton Excerpts

Thursday 4th February 2016 Grand Committee

[Lord Berkeley of Knighton (CB)]

My Lords, this is a huge issue for the arts world. Sir Simon Rattle told the classical music APPG the other day that he was appalled that music was not a core part of the EBacc. It would be unthinkable, he said, for a country like Germany not to have the arts—and music in particular—as a central subject. Anticipating the Minister’s response let me quickly say that the music hubs have done well and I warmly congratulate the Government on their success, even if it is sometimes sporadic in coverage.

However, that is not enough. It is the profound question—as we have heard—of educational emphasis, priority and national identity that we are concerned about. In Germany, Sir Simon continued, high-ranking politicians are frequently to be seen at concerts, operas and arts events. There is a central thrust and hunger for the arts, not just because of their economic success but because of the role they play in social cohesion. In this country the success of the arts is all the more remarkable for the comparative backdrop of philistinism they have emerged from. Where courts in 18th-century Europe felt the need and desire to employ and commission great musicians, the landed gentry here were more interested in hunting and fishing—I have to put some of my ancestors into this bracket, even if they did, through their goings on at Berkeley Castle with Edward II, inspire Shakespeare and Marlowe to some of their most disturbing lines. The arts have had to fight their way up the ladder.

I am glad to say that we have moved on, but not far enough as this debate articulates because it all begins with education. Ministers here rightly bask in the warm financial glow generated by the creative industries but we need to look to the next generation and the musicians and artists who will refuel and sustain that success. I cannot put it better than Dr Chris Collins and Professor Rachel Cowgill from the National Association for Music in Higher Education who wrote in the Guardian on 2 February—there have been articles in lots of other papers too—that,

“the Ebacc attainment measure in England will reduce the availability of creative and artistic subjects in schools. The adoption of a similar performance measure in sixth-form league tables … has led to an 18% reduction in the number of students taking A-level music. Since creative arts subjects like music tend to be more expensive to deliver in schools, they are all the more susceptible to being axed when times are hard and budgets tight. This slump has made A-level music unviable in many schools and colleges, further perpetuating the decline and resulting in regional deserts where the subject is completely unavailable. If, as we fear, the forced adoption of the Ebacc results in a similar decline for GCSE music, the subject will be decimated in English schools”.

I would add that we are not simply talking about classical music. Think of all those musicians who play in theatres, on backing tracks, on film scores—you name it. Just think too of the effect of access to the arts, both visual and musical, on popular music. John Lennon, David Bowie, Elton John: these are just a few of the names that have propelled this country to the forefront of the world stage and boosted our economy at the same time. Are their successors getting the same opportunities? I rather fear not but I hope the Minister will provide a pleasant surprise.

Queen’s Speech

Lord Berkeley of Knighton Excerpts

Wednesday 3rd June 2015 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, listening to the various topics debated this week, I could not help but think about how interrelated so many of them are. Indeed, these days of consideration of the gracious Speech provide a valuable opportunity to foster joined-up thinking where, in the coming months, we may sometimes suffer from tunnel vision. I am always exhorting students to look beyond their own sphere of interest and at other disciplines to help to clarify their own.

Why is this pertinent to today’s debate, particularly on culture? Let me give some examples. My greatest concern in this field is the provision of music in schools, which has suffered dreadfully over the past 15 years. Not only should music-making be the right of all and not just the privilege of the wealthy few, but research has shown that music and choral singing lead to a more cohesive society, one where the individual’s ability to express personal turbulence through an artistic outlet acts as a release of internal pressure. Improvements in behaviour and academic achievement follow, as the noble Lord, Lord Bragg, pointed out earlier. So culture, education and health are all stakeholders in this.

I accept that everyone has to take their share of the current cuts, and many small and large arts companies are really struggling. The noble Lord, Lord Hunt of Kings Heath, told us about the difficulties facing the City of Birmingham Symphony Orchestra, and if a world-renowned organisation such as the CBSO is struggling, just imagine what is happening to chamber groups, small theatre companies and the like. Yet it is precisely here that we find the seed bed that feeds talent into our international successes, which bring a fortune into the Treasury, as we have heard. So we must fight for the arts at grass-roots level, but the primacy of the need for children—our next generation of artists and audience, after all—to be versed in the arts seems to me of paramount importance.

There is, too, an aesthetic element involved in planning. In my area of mid-Wales, which, incidentally still does not have efficient digital coverage let alone high-speed broadband, there is considerable rejoicing that the Government are set to strengthen the representation of local communities in deciding about onshore wind farms, since one threatened Offa’s Dyke and a Repton grade 1 park. This issue is not confined just to energy, which we discussed yesterday; it also embraces agriculture, tourism, landscape and culture. I sincerely hope the Government will give this proposal real teeth.

We failed lamentably in the previous Parliament to curb, let alone stop, female genital mutilation. We simply must do better in this Parliament, even if that requires more draconian action by the state, as in France. It is a national disgrace that this appalling practice has been illegal since 1985 and, as the late and much-missed Baroness Rendell consistently pointed out, we have still to secure a single conviction. Part of the problem is cultural and part is educational, while the implications for health are truly shocking—I am sure the noble Lord, Lord Winston, would confirm this—including loss of sensation, sepsis, haemorrhage and complicated childbirth, to name but four.

Finally let me touch on the BBC and its future. I must, of course, declare an interest here, but I speak not just as a broadcaster but as someone who has been educated, entertained and enlightened by the BBC. Several noble Lords, especially Conservative Peers, mentioned this week their pride, which I share, in your Lordships’ record of scrutiny and improvement in this Chamber, and urged the Government not to overreact to constructive criticism in this place. I would say that, inevitably, parties in power, of whatever hue, are going to feel got at by an organisation such as the BBC if its journalists are doing their job properly in reporting the workings of Westminster, as we are charged with doing our job of scrutiny—but not, in the final analysis, of obstruction—in this Chamber. From my vantage point, I see and feel the huge cuts that have been made in the BBC. Many arts programmes have been cut to the bone. The noble Lord, Lord Hall, in his role as director-general of the BBC, is gradually turning this huge vessel in the right direction, but it cannot be done overnight. So I would counsel Ministers and the Government to tread carefully and sensitively when looking at the licence fee. Once lost, valuable and much-loved aspects of public service broadcasting, not available anywhere else, will, I fear, be very hard to retrieve.

Schools: Arts Education

Lord Berkeley of Knighton Excerpts

Thursday 27th November 2014 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I agree with everything that the noble Baroness, Lady Sharp, has said. I regard this subject, the provision of arts—and, in my case, music in particular—in schools as vital. Thus I am much indebted to my noble friend Lord Clancarty for securing this debate. I cannot endorse more warmly his plea for the appreciation of contemporary arts, because it is not just in Shakespeare that we find out about ourselves and the society we live in; it is in the contemporary arts as well, and Shakespeare would have been the first to say so.

I take this opportunity, since it is the first I have had, to welcome the noble Lord, Lord Cashman, to our midst. It is great to have another member of the artistic community, and one who has done so much for the gay community through the auspices of Stonewall, which I have long supported. It is also wonderful to be able to welcome the noble Baroness, Lady Evans of Bowes Park. I look forward to her maiden speech with anticipation.

Why do I see this debate as so important? It is because I have seen the quite magical effect that music and the arts can have on young developing minds. Furthermore, objective research supports the fact that music, in particular, often gets through where other things fail. Yet, as we have heard, we have to set against that the fact that in the period from 2010 to 2013 there was a drop in the number of GCSE students taking art and, in particular, music and drama, according to the Department for Education’s figures. I wonder whether this is something that causes the Government concern. I very much hope that it does.

There are schools in which children get no exposure to music or theatre or to singing in a choir—that quintessential activity that many noble Lords still partake of in the Parliament Choir. Singing collegiately is a quite wonderful way of developing the ability to be a team player, to listen to others, to blend in and to communicate. Singing a great choral work with a lot of your friends can be a completely overpowering and binding experience.

Not all children conform, thank goodness, to stereotyping, and it is in the arts and music that many find nourishment and a natural home. Let me give my own experience as a somewhat unusual child. I did not initially thrive academically—I am clearly a late developer—but the music master, a Mr Lambert, saw something in me and encouraged my composition and my playing of the organ in the school chapel. At the same time, I took part in drama productions, and there I learnt to speak in public with a degree of confidence and even extemporisation—a quality that some noble Lords may have cause to regret on occasion—so when I presented the Proms on BBC television, for example, I was not so afraid of the camera. Indeed, I rather relished it. My point is that the faith that two schoolmasters involved in the arts showed in my potential saved me from a possible scrapheap—perhaps not, like the noble Lord, Lord Cashman, prison. The number of successful people who have appeared on my Radio 3 programme “Private Passions” who have ascribed their chance in life to visionary arts and music teachers is quite staggering.

I know the Government are receptive to wide educational remits, but there are real gaps where theatre and music, in particular, are concerned, so here are three definite and distinct questions for the Minister which he might be able to help me with. Will the Government aim to make singing a weekly event in every school? Will they aim to make music and drama part of the curriculum in every school? Will they aim to help disadvantaged children to get musical tuition, currently the privilege of the rich? It is true that the hubs have begun to have some patchy success in this area. The Government have rightly saluted the income which the creative industries bring to the economy of this country. However, to secure that income for the future it is essential that the children who will be the performers of tomorrow—string players, for example—are able to start young. We have to get to young minds, young fingers, and young, still-developing muscles.

Beyond these practical points, there is the aesthetic, spiritual, transcending outlet that music and the arts afford young, and sometimes turbulent, minds. There are, of course, many calls on the Government for funds in different directions, but I passionately believe that they discard this particular call at their peril.

Schools: Bad Behaviour

Lord Berkeley of Knighton Excerpts

Tuesday 25th March 2014 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, a lot of research has shown that exposure to music and drama in young children tempers behaviour. I wonder whether the Government would like to commit to supporting music and drama in schools and, indeed, increasing it?

[Lord Nash]

We fully support music and drama in all schools; it can be a very calming influence. When we took over in my own school they had a bell which sounded like a submarine, which I thought was very uncalming. We now have a piece of piano music, the noble Lord may be delighted to hear. An active music/drama programme should be central to every school’s curriculum.