National Citizen Service Bill [HL]

Debate between Lord Hodgson of Astley Abbotts and Lord Adonis

Report stage (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Lord Hodgson of Astley Abbotts]

My Lords, I was very pleased to add my name to the revised amendment of the noble Lord, Lord Faulkner. Along with most other Members of the Committee, I was astonished to find that the law of 1920, which was no doubt introduced with every good intention of preventing the exploitation of young people, failed to distinguish between working as an employee of Railtrack and volunteering to work unpaid on, say, the Bluebell Line. That seems to me a completely different activity. As we explored this issue a bit further, we found that a similar challenge exists with the canals and waterways because the Government—I cannot remember whether it was this Government or the last Labour Government—very creatively came up with the idea of moving the canals into a new charity: the Canal and River Trust. Free from the shackles of Treasury spending restrictions and with a one-off dowry, the charity now has to stand on its own two feet, both operationally and financially. Given the past shortage of funding, there is a huge backlog of maintenance. To tackle this, and to encourage local communities to take an interest in their local canal for all sorts of purposes such as recreation and running and cycling along the towpath, often in highly industrialised areas, the board of the charity has created local partnerships, which means that the bulk of the work is done by volunteers, many of whom are young people working in their holidays and at weekends.

As the noble Lord, Lord Faulkner, said, the Canal and River Trust, like the railway heritage groups, needs to obtain legal certainty and clarity on its responsibilities regarding the position of young volunteers who work on such activities. If their legal position is uncertain, or worse, I do not know what that means for health and safety and their insurance policies. It seems to me that is a serious problem. I cannot believe that somewhere in the fine print of the relevant insurance policy, it does not say that the policy is void if the policyholder is breaking the law. I cannot believe that an insurance policy will be valid in such a situation. If my noble friend is not able to accept the noble Lord’s amendment—glancing over his shoulder at his speaking notes, I think I can see that he is not going to accept it—I hope he will tell us how we can resolve this problem and give us a clear assurance that someone somewhere in government will be tasked with coming up with an answer to the problem, because it cannot be in the interests of NCS, the country or our local communities to have this situation continue. We must have the will to make sure that we sort it out.

[Lord Adonis (Non-Afl)]

My Lords, as a former Secretary of State for Transport, I have to say that until this debate took place this evening I was not even aware that this legal restriction was in place. I am sure that if there was a free vote in the House or indeed in the other place, there would be an overwhelming desire to see this situation change and be subject to proper regulation and health and safety requirements so that young people have the opportunity to volunteer and play their full part in these activities. I cannot think of anything more likely to engage the enthusiasm and wholehearted activity of young people, which is not often so easy to engage, particularly with boys, than not only railways but steam railways, which still hold a particular fascination. I am much more in favour of modern railways and high-speed ones but my noble friend is doing valiant work in keeping our heritage going strong. Of course, these heritage railways are present in all parts of the country. They are among the most exciting and well-visited tourist attractions and play a big part in local communities. This seems a thoroughly absurd and outdated constraint, which, with the wit of parliamentary draftsmen, I am sure it must be possible to find a way through.