Schools Bill [HL]

Debate between Lord Hacking and Baroness Penn

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Baroness Penn (Con)]

Did the noble Lord, Lord Hacking, want to speak to his amendments in this group?

[Lord Hacking (Lab)]

I thank the noble Baroness very much. The noble Lord, Lord Lucas, was giving me a signal from the other side of the Chamber, and I was wondering what it was, but now I know, and I am very grateful for knowing.

I must start with an apology to the whole House for the massive number of manuscript amendments tabled by me to remove, one by one, all the clauses in Parts 3 and 4. This was a mistake by me. When I went to the Legislation Office this morning, I said, “Can I table a simple amendment that runs on the lines ‘leave out Parts 3 and 4’?” I was told it could not be done that way, but only by individually asking for each clause to be left out of the Bill. I should have realised that I needed only to give one example of my proposal, and then your Lordships would not have received this massive number of manuscript amendments. For that, I again apologise.

I should also say that I have not, save for one occasion, which I will come to in a moment, spoken so far on the Bill. I sat through parts of Second Reading and many of the sittings in Committee, but I did not intervene. The one exception was in Committee, when the Clock of our House was stuck at 10 minutes to 3 pm. I thought a literary comment could be brought into the Bill’s proceedings and I reminded the Committee of Rupert Brooke’s poem, “The Old Vicarage, Grantchester”, which ends with a reference to whether the village church clock in Grantchester was still standing “at ten to three” and was there “honey still for tea”. That was my little contribution as a matter of literature on a Bill which, after all, is to do with education.

I have thought very carefully, particularly last weekend, and concluded that, in the interests of the whole House, Parts 3 and 4 should be removed, not as a wrecking amendment but as a constructive one, so that the provisions in Parts 3 and 4 can properly be looked through and thought about. I am supported in that view by my noble friend Lord Grocott, who said at the beginning of the debate that the Bill is beyond repair. The Opposition Chief Whip, the noble Lord, Lord Kennedy, said that the Bill is in a very bad state. That supports my general proposition, that the entirety of Parts 3 and 4 should be removed.

In making this proposal to the House, I am not denying that the many improvements that noble Lords have added should be considered. As part of a reconsideration of this Bill, those improvements might well find themselves in it. I recognised at the weekend that a new broom needs to be taken to the whole of Parts 3 and 4.

Coming back to this House after an absence of 22 years, one is struck by the increasing disease in all our Bills of what I would call particularisation. If I have invented that word, I apologise, particularly to the editors of Hansard. I refer to the ever-increasing perceived need to place everything in the Bill, to the point where our Bills are becoming more detailed and more complicated—and pretty incomprehensible. We seem to think that our job is done when the Bill passes and have insufficient thought for the users of our Bills. Look, for example, in the previous Session, at the police Act, the health Act, or the Nationality and Borders Act, and think of those who must enforce them—police officers for the police Act, health workers for the health Act, and customs officers for the Nationality and Borders Act, to say nothing of the tasks that are thrown up to judges and lawyers who interpret the terms of our Bills.

This Bill, in its present form, has no fewer than 40 pages of obligations on home schooling and local authorities. This is a vast section of the Bill, and it is those 40 pages that I ask your Lordships to reconsider. It is as though someone in the Department for Education has been thinking of everything under the sun—and, I must add, the moon—which can be put into this Bill, the result being these 40 pages. This must come to an end.

I now come to a problem that was entirely new to me. I met the five home-schooling mothers, several of whom are listening to this debate. As the Minister may remember, I introduced three of them to the Ministers when we were in Committee, the noble Baronesses, Lady Barran and Lady Penn, who kindly had a word with them about their concerns, although it was only brief. I am not denying that a lot of noble Lords have expressed a concern and I am not at all deriding all the work that has been put into the Bill by noble Lords.

When you come back to this House after a long time, you also have a freshness when looking at the issues. In this case, I looked at the Education Act 1944, a very important social Act brought in under Rab Butler, later to become Lord Butler of Saffron Walden. I also looked at the more recent Education Act 1996. I have several cited cases, one in 1980, when Lord Donaldson presided, and one in 1985, when the noble and learned Lord, Lord Woolf, presided, for which they each provided further help and guidance over the application of the then provisions. As recently as 2019, the Department for Education issued statutory guidance. I am not going to read the terms of those two Acts or the statutory guidance. Suffice it to say that for both Acts, the recent statutory guidance gave clear support for home schooling, and little interference.

What then has gone wrong? It appears—I emphasise that word—that education officers in a few powerful local authorities have set their face against home schooling, believing that pupils should be at the school with which they were provided. The noble Lord, Lord Lucas, spoke of abusive behaviour by certain local authorities. I emphasise “appears” because the Minister, when I spoke to her, was strongly of the view that this was not the right interpretation. However, we have heard a different view from the noble Lord, Lord Lucas. Therefore, why have these provisions gone into the Bill? This is quite different from the stance taken in 1944 and 1996. It appears that the views of those education officers in a limited number of boroughs—I will not name the boroughs here but will in a meeting with the Minister—have wrongly persuaded the Government to bring in the Bill in the way that we find it.

I have already told the Minister that I will not divide the House and that remains my position. The Minister has kindly agreed to see me and some of the concerned home-schooling mothers and their advisers.

Finally, I ask the Minister not to forget the World War I poets. I could name them, as I did just now in a conversation with the noble Baroness, Lady Barran, but I just leave that as a final thought among the Ministers. I hope that she will not neglect those poets, and the literature that they produced, when she sums up.

[Baroness Penn (Con)]

My Lords, I will start with Amendments 74 and 75, tabled by my noble friend Lord Lucas. The law is clear that parents have a right to educate their children at home, and local authorities should already be working collaboratively with parents to ensure the best outcome for the child. We are keen to ensure that home-educating parents, and local authorities, are fully supported in ensuring that the education received at home is suitable. Therefore, as my noble friend Lady Barran said, as part of the implementation of the Bill we will be reviewing our existing guidance and publishing new statutory guidance for local authorities on their “children not in school” responsibilities, which will include advice on how they should discharge their new support duty.

--- Later in debate ---

[Baroness Penn (Con)]

I believe I responded about examination costs. In fact, I had an intervention from the noble Lord, Lord Knight, on it. One of the things I said to him was that in the statutory guidance we are seeking to create, we will look at the support duty. We are looking to work collaboratively with local authorities and home educators to hear all those different views in order to help us co-create that guidance. Then we will also consult on it. We are keen to ensure that we hear those views as part of that process.

I hope that my noble friend Lord Lucas will feel able to withdraw his amendment and other noble Lords will not press theirs.

[Lord Hacking (Lab)]

Before the Minister sits down, will she receive from me great gratitude for her willingness and that of her fellow Minister to see home schoolers, several of whom are in the House this evening, and those advising them? They have helped a lot and I hope they will help the Ministers a lot too.

[Baroness Penn (Con)]

That is very much appreciated. I also pass on to my noble friend the Minister the thanks of the noble Baroness, Lady Jones, for engaging with home educators. I emphasise that we see that as a very important part of the process for the Bill.

Schools Bill [HL]

Debate between Lord Hacking and Baroness Penn

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[Baroness Penn (Con)]

My Lords, I beg to move that the House be now resumed—

[Lord Hacking (Lab)]

Before the House is resumed, I draw attention to the clock, which has been stuck for a long time at 10 past three, as indeed, I understand, have all the clocks in the House. Since this is an education Bill and to do with the world of academia, I remind your Lordships of a poem written by Rupert Brooke just before the First World War. It was a nostalgic poem, because he was not very happy living in Germany at the time. He ends the poem:

“Stands the Church clock at ten to three?


And is there honey still for tea?”