Education Bill

Debate between Lord Hylton and Lord Bishop of Ripon and Leeds

Wednesday 26th October 2011 Lords Chamber

[Lord Hylton]

My Lords, after four speeches in favour of Amendment 80, the amendment still appears both overprescriptive and unnecessary. I say “unnecessary” in the light of the proposed new subsection (5B)(a) to the 2005 Act, which appears at the top of page 37 of the Bill. It lists,

“spiritual, moral, social and cultural development of pupils”.

As if that were not enough, proposed new subsection (5B)(b) talks about,

“the needs of the range of pupils”,

in the school. In addition, the chief inspector and all the other Ofsted inspectors will have to take account of the guidance already issued by the Secretary of State in July 2000. Finally, if this amendment were to be accepted, it would seem to fly completely in the face of the policy of localism quite rightly adopted by this Government.

[The Lord Bishop of Ripon and Leeds]

My Lords, I speak with a certain degree of trepidation, not least because in one of the briefings that I received about tonight’s debate there was the suggestion that Bishops might like to keep their heads down on this amendment. I have no intention of doing that and while I have no responsibility for the Christian Institute, I want to apologise for any errors or false accusations made in the name of Christianity. I also want to affirm, as clearly as I possibly can, the enormous contributions made by the noble Baronesses, Lady Massey and Lady Walmsley, to the interests of children in successive debates within this House. I am grateful for all that they have done in the cause of children here.

Perhaps I might ask the Government Front Bench whether they would affirm, in summarising, that nothing in Clause 40 or in the noble Baroness’s amendment could possibly alter the law so as to make sex education compulsory for anyone, whether that child is five or at any other age—and that if somebody were to desire that, it would involve new statutory provision and a quite separate procedure to that which we are involved with today.

That said, I welcome and have considerable sympathy for the propositions which the noble Baroness, Lady Massey, has put before us. I am particularly concerned with bullying. It seems to me that although it is inevitably very difficult to get any sort of figures in this area, bullying is not obviously decreasing within our schools. That is one reason why I was so enthusiastic a few moments ago to affirm the importance of social cohesion, and why I am grateful to the Government for the way in which they have continued to stress social cohesion—even if they are not prepared to have it in the Bill. Bullying can be extraordinarily insidious in the life of a school. I have been involved in enough instances and discussions, previously as a governor and with some responsibility for schools within my own patch, to know how dangerous bullying can be and what a need there is within schools, which on the whole do an excellent job in seeking to ensure that bullying does not happen. A number of times this afternoon, however, we have spoken of the way in which things can develop in a school, without anyone intending them to and sometimes without people noticing. I hope that the framework that has been referred to on a number of occasions makes it very clear that Ofsted inspectors need to be alert to the possibility that bullying is developing within a school.

I welcome the stress here on personal, social and health education. This is crucial to the development of young people, whether it is done formally, through PSHE classes, or through the whole ethos and being of the school, in the way that the noble Baroness, Lady Massey, described earlier. I, too, bring examples of PSHE being integral to the whole life of the school, so that through assembly, through behaviour in the playground and through the whole way in which staff, governors and students operate and relate to each other in the school, PSHE is continually invoked and spread among the members of the school.

I am pleased that the reference to PSHE in the amendment in the name of the noble Baroness, Lady Massey, stresses the need for it to be appropriate to the age and stage of development of pupils. The noble Baroness, Lady Walmsley, also made that point strongly. If we were to pass this amendment, that would be one way of indicating that we believe that it is part of the task of schools, therefore of Ofsted, to deal with inappropriate sex education literature in the case of young children. I sympathise with the view that we are getting an overprescriptive, long list for Ofsted through the amendments we are exploring. That may be so, but these four areas are crucial to the life of schools and I trust that, whether or not we go with this amendment, they will all be part of the work of Ofsted and, more importantly, of the work of all the schools in our country.

UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011

Debate between Lord Hylton and Lord Bishop of Ripon and Leeds

Thursday 7th July 2011 Lords Chamber

[The Lord Bishop of Ripon and Leeds]

My Lords, I support the Motion of the noble Lord, Lord Avebury. Like the noble Lord, Lord Judd, I thank him for his persistence on this issue of justice for those coming to or remaining in this country, in particular to work or study. That includes a significant number of people who come at the invitation of churches and other faith communities, as well as academic bodies, to be a part of the life of churches, universities and so on in this country.

The points-based system has proved problematic for many long-established relationships with other countries. It is in some danger of causing the lack of warmth to which the noble Baroness referred moments ago. The order adds to the perception that we are more interested in obtaining decisions in favour of UKBA than in achieving justice for applicants.

I stress again the point made by the noble Lord, Lord Judd. Why do we move so fast on immigration law? Why does it appear to be different from other laws that we consider in this House? I would like the Minister to indicate as clearly as she can what we are doing here. What we should be doing is seeking justice for claimants based on all the evidence that we can possibly have at a particular moment. Any legislation that looks as though it is seeking to exclude available evidence must be dangerous and problematic. The order also appears to ignore the fact that many of those applying have little in the way of resources, and that new applications, which would be possible, will add significantly to the costs.

There ought to be an absolute rule, first, that our legislation is not retrospective, and, secondly, that commencement orders such as this should provide proper notice to those affected. As the noble Lord, Lord Avebury, indicated, this order applies to appeals already in the pipeline, and there was only a weekend between it being published and coming into effect, so it fails the test on both counts. I, too, regret this unnecessary threat to justice being done and being seen to be done for those applicants whom it affects.

[Lord Hylton]

My Lords, the noble Lord, Lord Avebury, made a very strong case, and we are all grateful to him. I will ask one question. Will the Minister tell the House how many appeals were still pending on 23 May of this year? That would be very helpful in indicating the scale of the problem.