Trade Union Bill

Debate between Lord Jackson of Peterborough and Kevin Brennan

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

Well, I am quite shocked by that accusation from my hon. Friend. On a serious note, there are many colleagues on the Government Benches who are members of trade unions. It was not so long ago that my old union, the National Union of Teachers, used to sponsor Conservative Members of Parliament. I will give hon. Members some benefit of the doubt here. I will actually believe for a moment that the majority of Conservative Members do not want to destroy the trade union movement, because they are democrats and we live in a democratic society. What conclusion could somebody looking at this proposal draw, other than that it exists to inflict damage in an illiberal and absolutely inappropriate manner on voluntary trade union associations and employees’ voluntary agreements with their employers?

[Mr Stewart Jackson (Peterborough) (Con)]

I know that in a former life the hon. Gentleman was a teacher, and he is making a very didactic case for his point of view. He is obviously a born-again libertarian. Is not the corollary of his argument that it is for individuals with free information to decide whether they wish to make a contribution to a trade union? That is the spirit of the Bill, rather than an element of compulsion.

[Kevin Brennan]

The hon. Gentleman is talking my language. I absolutely agree with that proposition, but has he read the clause? Does he understand what it means? Has he read the amendment tabled by the hon. Member for Stafford? The Government are banning any opportunity for an individual to enter into an agreement with an employer, and banning the employer from entering into such an agreement with its workforce, even in exchange for ready money. That service is not being given away, but its provision will be banned even when employees are paying for it. I was a teacher, and I was not trying to be didactic; I was trying to tease out a reaction, and obviously I got one from him. He should have a closer look at what his Government are actually doing and what he is actually voting for. A majority may be the best repartee, as Disraeli said, but I do not think Disraeli would have thought that this fitted with the principles of a one nation Conservative party.

English as an additional language (Pupil Support)

Debate between Lord Jackson of Peterborough and Kevin Brennan

Tuesday 23rd June 2015 Westminster Hall

[Mr Jackson]

Thank you, Mr Hollobone. After that alarm, I trust that there will be no incendiary activity in the next 90 minutes.

On that occasion in 2011, I argued—evidently, it transpired, not that persuasively—that although the pupil premium was indeed an excellent idea and a useful tool to assist the most deserving pupils by the deployment of scarce resources, it was nevertheless a blunt instrument. That was because it only related to deprivation as measured by the sole indicator of access to free school meals. It was perfectly possible to nuance and finesse that criterion to drive up education standards in discrete circumstances.

That proved to be the case: in the last Parliament, the coalition Government extended the provision of the flat-rate pupil premium to looked-after children—it was called “pupil premium plus”—and later to the children of service personnel, quite rightly. The deprivation indicator and eligibility criteria were also broadened, as were the differential payment rates between deprived pupils in primary schools and secondary schools. Between 2011 and 2015, per capita funding rose from £430 to £935 for deprived pupils in secondary schools, to £1,100 for deprived pupils in primary schools and to £1,900 for looked-after children. It was £300 for service children.

I am proud to be associated with the Government that did that, and they did it for the right reason, because there is plenty of evidence that the pupil premium has had considerable impact cumulatively across a wide range of LEAs in supporting disadvantaged children and improving their educational attainment. The Department for Education report published in July 2013 under the auspices of TNS BMRB, Tecis, the Centre for Equity in Education, and the Universities of Manchester and Newcastle demonstrated such positive outcomes, as did Ofsted’s pupil premium update, which was published last July.

Naturally, I am delighted not only that the pupil premium worked but that the new Conservative Government remain committed to maintaining it. For the current financial year, it will be £2.545 billion in total. Indeed, one in six children in the Peterborough LEA were in receipt of free school meals in 2013-14.

I accept the central premise that Ministers have prayed in aid of the pupil premium, namely that the link between free school meal eligibility and underachievement is strong. That is undoubtedly the case, but must we accept that the pupil premium cannot be a more flexible vehicle in resource allocation? Let us be clear about what the pupil premium has not addressed historically, and still does not address. There is now no de facto targeted funding for those LEAs that, by dint of their economic profile or geographical circumstances, have to accommodate and deliver the best educational outcomes on an equal statutory footing with all other LEAs to students whose principal language is not English.

The pupil premium has been reconfigured, rebooted, nuanced, reset and expanded, but regrettably it still fails to take account of the real impact of large numbers of English as an additional language pupils. With the demise of the ethnic minority achievement grant, dedicated funding has effectively been removed for EAL pupils. Such funding was rolled up into the dedicated schools grant in 2011-12 and effectively subsumed into mainstream schools funding.

Current LEA funding formulae allow for support for LEA pupils only for a maximum of three years, and the bulk of LEAs elect to fund pupils for less time than that, either 12 or 24 months. That is despite the fact that research indicates that it will take between five and seven years for EAL pupils to match the performance of peers whose first language is English.

There are national initiatives, such as the British Council’s EU-funded Nexus programme. That is good as far as it goes, but it is a national programme that cannot provide bespoke local solutions that reflect the knowledge, skills and experience of teachers, governors, parents and LEAs to deliver the most appropriate local education service.

Each LEA and each school has its own priorities. For instance, if a school was seeking to get the best outcomes for a Somali or west African child in Southwark, that would be a completely different challenge from the challenge of dealing with a Slovak or Lithuanian child in Peterborough, Boston, Wisbech or other parts of eastern England.

It is disappointing that the strong advocacy and campaigning by Westminster City Council for a cash passport system for new entrant EAL pupils has yet to result in any Government action or even, as I understand it, a commitment to investigate the efficacy of such a system in a pilot scheme. I am at a loss to understand why EAL has not featured more prominently in the analysis of the impact on results of the pupil premium by both the DFE and Ofsted since 2011.

This is not a generalist complaint about schools funding, as I am well aware that the Government are committed to rebalancing historical anomalies and unfair funding allocations by providing an extra £390 million for the least well funded education authorities in the current year, 2015-16. Also, in the interests of transparency and lest I be accused by the Minister of being churlish or ungrateful, I concede that he himself committed to Peterborough LEA an exceptional circumstances grant of £1.5 million in 2010-11 to deal with the EAL-related pressures, for which we were extremely grateful. However, that does not negate my case for a strategic and systematic appraisal of such challenges over the medium and long term, and for a focus on those LEAs that are most seriously affected by these unprecedented population pressures. The fact remains that there is effectively no provision for EAL support in pupil premium funding. EAL is only one of a number of pupil-led factors used by local authorities to top up their basic allocation per pupil within the schools block grant funding. In practical terms, such considerations are effectively crowded out by other factors, such as deprivation and prior attainment.

For a small group of LEAs, the pupil premium therefore goes only part of the way in dealing with the huge societal and demographic changes and, indeed, massive challenges they face, centred on EAL issues. Peterborough is encumbered by a vast array of such challenges. It has been described as being like a ‘London Borough without the funding largesse’. Although the number of EAL pupils in England has risen by 21% since 2011, to 1.19 million, in Peterborough it has risen by 46%, from 7,100 pupils to 10,395 pupils—the equivalent of eight new two-form entry primary schools. The largest rise in Peterborough is in primary schools in years 1, 2 and 3, where over 40% of pupils are EAL. The number has risen by 34% across the city. Nearly 70% of pupils are EAL in the primary schools in my constituency.

Two Peterborough schools, Gladstone Primary and Beeches Primary, both in the Central ward, have more than 90% of EAL pupils. In one Peterborough school, 192 pupils speak a language that is called “other than English.” The biggest increase is among Lithuanian speakers, with 410 extra pupils: a 63% increase since 2012. Change is rapid. At one secondary school in Peterborough, two years ago, 40% of year 7 pupils were EAL; the figure is now 70%.

[Kevin Brennan (Cardiff West) (Lab)]

I congratulate the hon. Gentleman on securing this debate. Given that it was based on the numbers of pupils involved, is he making a case for the reinstatement of the ethnic minority achievement grant as a way of solving the problem that he outlines?

--- Later in debate ---

[Kevin Brennan]

That is my experience, but I am quoting the academic research to get us into the habit of using evidence to make education policy, which is something that has disappeared in recent years. The Education Endowment Foundation report backs up the research I quoted earlier from the University of Oxford. It says:

“the percentage of EAL students in the school had minimal association with student attainment or progress when controls for student background were included.”

EAL students obviously bring richness and cultural diversity, and they do so without affecting attainment.

As a result of its research, the Education Endowment Foundation makes certain recommendations. The Minister will be intimately aware of the details of the research, being briefed so well by his excellent civil servants and, as he is likely to have a bit of time, I hope that he will respond to those recommendations. The first recommendation is that schools should be accountable for showing attainment impact. It says:

“Schools should be held accountable for how their EAL funding contributes to improving pupil attainment”.

Schools are held accountable for the pupil premium in the same way, as the hon. Member for Peterborough said earlier. If schools are to be held accountable for how they spend the pupil premium, surely there should be a way to hold them accountable for how they use public money provided for the specific purpose of helping pupils with English as an additional language. Even if schools are not told exactly how many pennies they have to spend in their particular location, surely there should be some way in which they can be held accountable for whether they are doing what that public money is intended for. The recommendation continues:

“Although the report finds that where EAL pupils have attended English schools for the whole of a key stage they make greater progress than non-EAL pupils, and indeed that by age 16 they have caught up…this reflects a long history of considerable additional funding being directed to address language learning needs.”

Considerable under-attainment by specific groups might be masked by that general finding, so the Government need to listen to that recommendation.

The report’s second recommendation clearly follows from the first. It is that:

“EAL funding should be targeted at those most at risk of under-attainment.”

Again, the problem is that the current definition of EAL does not reflect a student’s proficiency in the English language or their exposure to it at home. Schools need to hone how they identify the language and learning needs of children within the EAL category to ensure that funds are targeted at those who most need them, and the Government should do the same because they are able to identify those parts of the country where that is a particular problem. The Minister should reflect on that and consider what action should be taken.

Obviously, the three-year cap on the availability of additional support might be more than some pupils need because of the factors associated with how proficient they are likely to become in the English language, including their home life and background, whereas other pupils are likely to need considerably more than three years. The research evidence clearly shows that it will take longer than the three years of allocated funding for some pupils, which is why I do not understand the Government’s rigidity about the three-year rule when, philosophically, they seem to be in favour of being more flexible about funding. There is a strong case for additional funding to be made available to schools with such EAL pupils to ensure that they are able to achieve their full potential. Professor Strand’s report states:

“Fluency in English is…the biggest factor influencing the degree of support an individual student will require, and schools need to be able to assess this need accurately using their own procedures and expertise.”

The third major finding of the Education Endowment Foundation report is that:

“More research is needed into the best strategies to improve outcomes for EAL pupils… there is a lack of robust research evidence on effective approaches and interventions to raise the attainment of EAL pupils. There were no…randomised controlled trials or studies where the effectiveness of the intervention was evaluated by an independent review team.”

More research certainly needs to be done, and I hope that the Minister will tell us his view on that. Is the Department helping to facilitate, undertake or fund research to ensure that such public resources as are being allocated to this are getting to the right pupils and are having the correct impact?

[Mr Jackson]

I have no wish to be disobliging towards the hon. Gentleman, but he says that there is not enough research into the impact of EAL on educational attainment, yet earlier he blithely agreed with the hon. Member for Glasgow North West (Carol Monaghan) that EAL pupils, of themselves, are a good thing vis-à-vis the educational attainment of non-EAL children. He cannot have it both ways. Either there is robust, empirical evidence to support the former or he is right on the latter. It cannot be both.

[Kevin Brennan]

The hon. Gentleman is never disobliging. I will examine the record very carefully. I think what I have said throughout this debate has been internally consistent, but I will check my earlier comments in case I have contradicted myself. If I have done so, I will give myself a good talking to later on, but I think I have been consistent in saying that such research as there is indicates that EAL pupils do not have a negative impact on others in the classroom. The third conclusion, which he attributed to me but is actually the conclusion of the Education Endowment Foundation—a body funded by the Government to provide us with such research—is that more research is needed into the best strategies to improve outcomes for pupils with EAL.

What assessment have the Government made of the disparities in EAL pupil achievement, and what are they doing to help such at-risk children? What are the Government doing to address the facts that EAL pupils entering school in years 5 and 6 do not achieve as well as EAL pupils entering school in years 3 and 4, and that children entering school from abroad during a key stage are, on average, 12 months behind their non-EAL peers? What are the Government doing to encourage and support better research into these issues, which affect more than 1 million children? Will the Government consider more generally the impact of bilingual education? The hon. Member for Glasgow North West mentioned the experience from across the United Kingdom. There is obviously experience in Scotland and Wales, and there are the beginnings of such education in Northern Ireland, too. Given the Minister’s support for free schools and so on, is he still rigidly opposed to bilingualism in schools? That has been the Government’s position until now, but I understand that that opposition may be decreasing, provided that it is one of their favoured free schools advocating bilingual education. What is the Government’s current position on bilingual education, and has it changed?