Children’s Wellbeing and Schools Bill
Lord Russell of Liverpool Excerpts(1 month, 1 week ago)
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Lord Russell of Liverpool (CB)
My Lords, at Second Reading, I said that a great sorrow for me and many others is that the noble Baroness, Lady Massey of Darwen, is not with us, because she would have been intimately involved in the Bill. In particular, she would have put her full weight behind these two amendments. She was a clarion call for the voice of the child to be heard.
During the last five or six years in your Lordships’ House, we have had a succession of Bills—I include the Police, Crime, Sentencing and Courts Bill, the Victims and Prisoners Bill and the Online Safety Bill. In each case, a group of us across the Chamber has fought repeatedly to try to inject into the Bill as much as possible a recognition of the rights of children, and that children are not—and should not be treated in the same way as—adults. In each case, this has been necessary because it has become abundantly clear that this was not foremost in the minds of those drafting the Bill at that time. If that was embedded in the system, so that what is in the best interests of the child was automatically a major part of thinking behind drafting any part of a Bill, what a wonderful advance that would be.
I have been involved for many years with a charity called Coram, particularly the part of it called Coram Life Education, the largest provider of health education in primary schools across the United Kingdom. One thing that we teach children, starting at age five and through to 11, is the meaning of mutual respect. Mutual respect is about respecting children of different ethnicities, faiths, backgrounds and beliefs, and doing so in a considered and thoughtful way.
Baroness Coffey (Con)
My Lords, this has been a fascinating debate. I have not particularly participated in this Bill, but I am always interested when noble Lords seek to incorporate various treaties we have signed into domestic law. The reason I say that is because of my experience in a variety of ways of having been a Minister. Paragraph 1.6 of the Ministerial Code, which is not a new obligation on Ministers, states that Ministers have to comply with the international agreements into which Governments and previous Governments have entered and which have usually been ratified by Parliament. The need to think about these sorts of issues, particularly around children, is already embedded into how policy framework strategies are deployed.
“From the mouths of children”
is in the Psalms and in the Gospels. That element of truth comes through: it is absolutely vital that children’s voices are heard. This is why things such as the Children Act 1989 was really important, about aspects of that.
However, I am really concerned, and I share the concerns that my noble friend Lady Spielman expressed, about whether these need to be incorporated as a whole into domestic law. Only a handful of other countries have done this: Iceland, Sweden, Norway, Spain and, to some extent, or to the full extent of its devolved powers, the Scottish Parliament has decided to do the same—although noble Lords may be aware of the rulings after there was a referral to the Supreme Court which removed certain aspects of that legislation, partly because it counteracted the primacy of this Parliament in legislation and other matters.
However, as regards thinking through, I fully respect the long connection with education of the noble Baroness, Lady Blower. Both my parents are teachers. I do not have children, so I do not have the same experiences there, but I am aware, from when I was Secretary of State for Work and Pensions, of absolutely how much, just from the DNA, in effect, of being normal human beings, we would consider aspects of impacts on children.
The noble Baroness, Lady Longfield, said the difficulty about the conversations is that they get legalistic. Well, that is the whole point. We are talking about the law. If I think of Amendment 502G, perhaps there would have been a different ruling with the Michaela academy recently on whether somebody could pray at school or not. I think also of keeping schools open. I know there is an element of it being discussed in Amendment 502M. I encourage the people who have been distinguished general secretaries of unions to think of parents perhaps starting to sue schools for not staying open when there is some snow. The snow may not be stopping the children getting to school, but it might be stopping a couple of the teachers, so the decision is then to close down education for a whole day or more, not on behalf of the children but because they cannot get some teachers there. I referred to “legalistic” because that is where you start getting into disputes, going to court, trying to settle outside—all these other issues.
That is why I completely understand why ratifying that treaty was so important. That becomes guidance, a framework and an actual way of doing things, but it does not then become necessarily—I believe we have incorporated certain parts of the convention into domestic law—a straitjacket in effect on how we kind of evolve in terms of policy. There are risks, and I know that there has been another Supreme Court ruling trying to discourage judges and indeed people from bringing judicial reviews trying to change policy. But that is exactly where we get into issues that we can see in other legal cases that are often in the courts.
Obviously, I respect the distinguished legal experience of the noble Lord, Lord Carter of Haslemere, but I would have thought that the public sector equality duty, which recognises religion and belief, would already capture perhaps some of what he is trying to incorporate in his amendment.
I do not want to delay the Committee too much longer, but I think this is a case of “Be careful what you wish for”. What has happened for children that now makes it necessary to do this? The children were ignored when they were being groomed and when they went to the police. Children have been ignored in other situations. That grooming is still ongoing; I hope the police and the CPS are more alert as well. But going back to the substance, I hope that the way that the UNCRC has been effectively incorporated into how we go about our affairs as Ministers, as Parliament and as public servants should be sufficient. However, I will continue to try to understand the deficiency that we are trying to address by this wholesale incorporation of this into our domestic law when I genuinely do not believe it is needed.
Lord Russell of Liverpool (CB)
I will just swiftly respond to the noble Baroness. During the 14 years that her party was in office—I witnessed this first hand, because I am a retread, as I got re-elected back in in 2014—there was a series of Bills, some of which I mentioned I have been involved with, where children are directly involved and affected. Repeatedly, those Bills arrive here after—as per usual—minimal scrutiny down the Corridor, by design. It is manifestly clear that the detailed needs, requirements and rights of children have not systematically been thought through and embedded in the legislation, which is why we have had to go through lengthy debates to try to tease that out. I am proud to say that, in the majority of cases, faced with strong cross-party arguments in favour, the Front Bench of the noble Baroness’s party, repeatedly in different Bills, acceded to the strength of those arguments and amended the legislation to put children’s rights in there. Whatever the Ministerial Code may say, unfortunately that was not filtering its way down into the way that Bills were being drafted. Your Lordships’ House did its work very well, but what some of us are hoping and asking for is a situation where that requirement becomes less frequent and is abnormal rather than, I am afraid, substantively normal.
Baroness Coffey (Con)
I would say in return— I was trying to keep my speech brief—that I hear what the noble Lord said. He talked about being unsuccessful in keeping it brief. That is because we have had a lot of stuff about legalism. I am giving direct experience of government—I appreciate what the noble Lord said. I can give more examples. One reason why children get the flu vaccine every year is primarily to protect adults—the teachers and school workers—to stop the spread of flu. It is not really to help the kid. All sorts of things happen today that are actively encouraged to be done to the child in a way that should not be harmful.
I come back to the legislation and the point that is relevant. The Secretary of State for Education has the leading responsibility in government to have that horizon-scanning of every bit of legislation that affects children. If there have been deficiencies, I recognise them. I am not convinced that the incorporation of more law into domestic law is going to be the way to achieve that. I encourage the Minister in her reply to give confidence. Even if the noble Lord feels that the last Administration were deficient, I am sure that the current Administration will say that they are very much on top of it.
Frankly, it is a bit like when I was at DWP. I had primary responsibility for disabilities, so it was my job, working with my officials, to keep scanning legislation for how it would impact people with disabilities. That was not always very popular with other departments, which kept telling us to keep our noses out, but that is what we did. I am sure that that is what the Department for Education is intending to do. That said, I know that my noble friend Lady Barran was assiduous in her support of children, and I am sure that the Minister for this Government has continued to be so as well.
Lord Russell of Liverpool (CB)
My Lords, I was very happy to add my name to the noble Baroness’s on the majority of these amendments. She has outlined the compelling need to do something in these interrelated areas sooner rather than later. I will not bore your Lordships but rather try and illustrate one or two examples of what is going on in real time.
I will start with Copilot, a tool that most of us will be at least faintly familiar with—or will at least have heard of—and which is integrated into the Microsoft package that we use in Parliament. At the time that research was started by a group of organisations, including the 5Rights Foundation founded by the noble Baroness, Microsoft, which owns Copilot, stated publicly that Copilot was intended for users 18 and above, such as all your Lordships. However, in May 2025, the company announced without warning that Copilot would become available to users aged 13 and above. This shift raises important questions, none of which was answered at the time by Microsoft. The user age change proceeded without any published child rights impact assessment—which takes us back to an earlier group that we discussed—or documentation of any child participation in this decision. Using it in this way, without any child-focused safeguards, is unlikely to be in the best interests of the child, but currently there seems to be no satisfactory way to hold Microsoft to account for this.
A second example is Vimeo, a popular video channel that some of your Lordships may be aware of. In a particular case where a child used Vimeo and some of its video capability to do his homework, a detailed look at what Vimeo had done with his homework demonstrated that 92 different commercial companies had gained access to this child’s data. Not very satisfactory.
A third example is the problem that data protection officers—each school nominates one—as you might imagine, are struggling to try and understand and keep up with this blizzard of new technology and new tools. There are more and more sophisticated ways of, in theory, giving children a good education, underwritten by hideously long and complex terms and conditions, which I suspect even an artificial intelligence tool would have a problem making any sense of.
An example would be perhaps one of our best known technology companies, Google. It has a very successful edtech business called Google Classroom. Google, as is its wont, packages different Google products together in the same package. Within Google Classroom, you have Google Maps, which I am sure most of your Lordships are familiar with and will use occasionally. Let us assume you are doing a geography project using Google Classroom and, as part of that, you decide to go into Google Maps to use its capability. The minute the child clicks on Google Maps, he or she loses the data protection provided by Google Classroom, which allows Google Maps to harvest all of their data.
That is a real life current example of what is happening in plain sight. Data protection officers are not going to be aware of that, neither are headmasters, students or parents. It seems compelling that the people who should be most aware of that are the Government, the Information Commissioner and the bodies which are there to protect children and guide schools through this extraordinarily difficult complex morass of these competing technologies which, quite rightly to some extent, the Government are encouraging schools to take advantage of. But beware of what you encourage without understanding exactly what it is you are recommending.
Lord Addington (LD)
My Lords, when it comes to technology, I think I have a slightly different relationship to it, although the noble Lord, Lord Holmes, may even go beyond me for this. We need it to operate in the modern world. I have said before several times on this Bill that I am dyslexic. I cannot produce a one-page document that is in a readable form in any sort of format unless I use voice dictation. The relationship with technology changes.
If you want to make people independent and they are, in this case, dyslexic—dyspraxics might use the same technology in a slightly different way—you must make sure information is available to them and they can function with it. Having said that, the second part of this is, as the noble Baroness, Lady Kidron, said, that there should be safeguards within it. These things actually go hand in glove. You should have something that allows people to function in the modern world. When you are independent and interacting with a computer, you have to put the correct information in for the computer to function; you have to actually know what you are doing. A balance needs to be achieved.
There is a move to use systems which are built into computers, as opposed to bolt-on bits for educational support. In certain cases, which the Minister is aware of, schools decide to use the free bit of tech as opposed to purchasing it. But the free bit of tech is there to advertise; otherwise it would not be there. There must be a commercial advantage for somebody to provide you with a free bit of tech.
The balancing structure the noble Baroness, Lady Kidron, puts forward here is essential to allow those like me who need this technology to carry on using it. We are talking about schoolchildren here, but there will be no shortage of people who will need it in the future and we are identifying more and more all the time. I hope we can strike a balance and make sure we get further forward into it.
The same is true—I am sure we are going to hear about smartphones being the devil’s work—for smart- phones, as it is the information on the smartphone we are talking about. If you can ban social media sites on smartphones and you can block them, they merely become a platform you can fill with other technology.
This is as the Minister gets an answer by using her smartphone. I hope we will get a more balanced approach to this, because it is not all bad, and not all good, it just needs to be used correctly, and using safeguards is something we have not really got our heads around. I am sure most of the commercial companies did not come in with this as their first priority, they just came in as commercial companies. The fact that they said they were platforms and did not need to worry about this is now coming back to bite them. However, I hope there is a balanced approach and a sensible way that we can get the best out of technology.
State Pensions: Canada Free Trade Agreement
Lord Russell of Liverpool Excerpts(2 years ago)
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Viscount Younger of Leckie (Con)
If I have not said it before, I assure the noble Viscount that actually the two are separate: social security arrangements linking to pensions are separate from free trade agreements. I think I alluded to that in one of my answers, but let me make it completely clear.
Lord Russell of Liverpool (CB)
Last Thursday, I was in Strasbourg at the Council of Europe as part of the UK delegation. A group of Canadian parliamentarians very kindly invited a group of the UK members to lunch, and noble Lords may guess what the subject of the lunch was. I was sitting opposite a Senator who launched into a diatribe about the pensioner situation in Canada, and on my left was a female MP from an agricultural constituency who was bemoaning the fact that Canada imports a certain amount of British beef but is unable to export any beef to us at all. So, whatever the Minister and his department may think, there is indeed a very strong connection in the minds of the Canadian Government between the two.
Viscount Younger of Leckie (Con)
Yes, and I understand how they might wish to make that connection, but I reiterate again that we see no connection. In fact, the agreements that have been put in place in the past have been social security agreements. I also say gently to the noble Lord that the agreement between the EU and Canada is not dissimilar to the current agreement between the UK and Canada.
Supporting Disadvantaged Families
Lord Russell of Liverpool Excerpts(4 years, 11 months ago)
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The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)
My Lords, I will respond first to the points raised by the noble Baronesses, Lady Sherlock, and then cover the points from the noble Baroness, Lady Janke. I am sorry that the audio of the noble Baroness, Lady Janke, was not at all good. If I do not answer all her questions, I will go through Hansard tomorrow and make sure that she receives a written answer.
I am grateful that both noble Baronesses welcomed the Statement. Let me say right at the start that the Government much admire Marcus Rashford’s passion and commitment and are proud to have provided this invaluable support. I note the hopes of the noble Baroness, Lady Sherlock, for Marcus Rashford’s next campaign.
She also mentioned the comments about parents who use their benefits for purposes other than we would wish. We do not associate ourselves with those remarks. We are only too aware and appreciative of the difficult circumstances in which some parents find themselves at the moment. We are delighted that the hospitality industry came into its own and are glad that it was in a position to give extra help.
I am well aware that earlier at Questions, the noble Baroness was underwhelmed by my response about legacy benefits. I will try to be a little more helpful. Back in March, when there were no arrangements such as the furlough in place, UC had to take the strain until those schemes came online. The Government were trying to cushion those who had had a fall in income because they were made unemployed, or their earnings dropped, due to Covid-19. They were not trying to provide a general uplift in benefits. Those who were newly signed on to universal credit did so because they had seen a significant drop in their income, whereas those on legacy benefits had not seen the same fall.
Moving on to what we have done, we have announced a £170 million Covid winter grant scheme, to make sure that families get the help they need. We are giving this to councils because they are best placed to understand their communities. They know the most vulnerable children and families who need this money. As the noble Baroness, Lady Janke, said, this is being done on a per-head-of-population basis, according to the deprivation indices.
We are also investing £220 million more than existing funding allocated to the programme. This will mean that children eligible for free school meals will have the option to join a holiday time programme that provides healthy food and funds activities during the summer, Christmas and Easter holidays. I am afraid I am not able to comment on more than that timeframe. I will write to the noble Baroness about why the Healthy Start payments will not start until April 2021.
On the holiday activities and food programme, much has been said about the speed at which it has been introduced and whether it was a reaction, but I will say that we have been piloting this initiative and trying to work out how best to deliver it. This was not a knee-jerk response or something we thought we had better get on and do; it was something we piloted and tested. We made sure that, when we announced it, we knew that it would work. Since the summer, 50,000 children have benefited from the holiday activities and food fund, and a further 2,500 additional breakfast clubs have been started.
Will all children in England be eligible for a place on a HAFF programme? The programme will make free places available to children eligible for free school meals in their local authority for a minimum of four hours a day, four days a week, six weeks a year. This will cover four weeks in the summer and a week’s worth of provision in each of the Easter and Christmas holidays. As I have said before, local authorities have the flexibility to decide how to do this and how to use the money.
As I expected and I understand, there has been a call for the £20 uplift to be extended to legacy benefits, and I have been very clear about the Government’ position on this. The noble Baroness, Lady Sherlock, raised the issues of the savings threshold, the two-child limit, the benefit cap and advances into grants. I have made clear that the Government do not have any plans at the moment to change those things, and, as my Secretary of State said in the other place,
“advances are actual grants to people—they are just the phasing of universal credit payments over the year”—
and they are repayable within a year—
“and soon to be over two years if that is what claimants want.”—[Official Report, Commons, 9/11/20; col. 642.]
We are listening and extending the time.
Where we have been doing the local pilots, there has been extensive discussion on interfacing with local authorities. I understand that the Government have written to all the chief executives of the local authorities, and, at this stage in the proceedings, the announcement and commitment have gone down very well. I am afraid I cannot tell the noble Baroness, Lady Janke, how much it is per head because it will be up to local authorities to say where the money goes and spend it most effectively.
Understandably, the noble Baroness, Lady Janke, raised the point about local authorities and underfunding. We are giving councils unprecedented support during the pandemic: a package of £6.4 billion so far. We recognise that there will be individual councils with unique circumstances, and we encourage them to approach MHCLG to discuss their future financial position.
Before I close this part of the questioning, I will make the point that Covid has certainly made life very difficult for people—nobody is trying to ignore that—but, underlying this, we believe that parents are responsible for their children. It is not the state’s job to take that responsibility, other than in these very difficult times, where we are trying to do everything we can. One of the areas I have responsibility for is the Child Maintenance Service. You would not believe the extent to which people try to get out of their responsibilities to pay for their children. We are working very hard to get this money back. As it stands, there are 130,000 children who are owed £381.3 million, and I am doing everything I can to get that money to children because it would make a huge difference to their lives.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
We now come to the 30 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.
Covid-19: Over-60s
Lord Russell of Liverpool Excerpts(5 years ago)
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Baroness Stedman-Scott (Con)
On the noble Lord’s first point, I will need to write to him and clarify that answer. Secondly, the Government have recently announced their plan for jobs, doubling the number of work coaches and putting £150 million into the flexible support fund. The Government are also offering people all manner of support services. We are not writing anybody off and we are going to turn every stone to get people back to work.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
My Lords, the time allowed for this Question has elapsed.