Queen’s Speech

Lord Watson of Invergowrie Excerpts

Thursday 19th May 2016 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, several noble Lords have suggested today that the Government’s legislative programme is rather thin and even timid. I have to say that I find it interesting to read some political journalists describing the gracious Speech as a small “l” liberal programme while others see it as a series of social reforms designed to reunite the Conservative Party in the aftermath of the referendum— I say to the Prime Minister, “Good luck with that”, especially should the separatists prevail. I hope very much that they do not, although I know from today’s debate that the noble Viscount, Lord Trenchard, will not agree with me.

The Government’s education policies remain obsessed with structures rather than what matters most, which is what works in terms of educational outcomes. Under this Government, school budgets are falling, there are chronic teacher shortages about which the Department for Education remains in denial, inhabiting a world of its own, and not enough good places are available. Despite being forced to make a tactical shift—I believe that it was tactical rather than strategic—the Government are continuing to force good and outstanding schools to become academies against their wishes. As I have said many times in your Lordships’ House, there is simply no evidence that academy status automatically raises school performance; in fact much of the evidence points in the opposite direction, as highlighted by my noble friends Lord Griffiths and Lord Murphy. Yet the Government plough on regardless.

My noble friend Lady Massey spoke eloquently on the question of academisation, but it has been widely reported that the Government have retreated from the mass academisation programme in the face of widespread and vociferous opposition. They have not fooled many in the education community with their apparent U-turn. The notes that accompanied the education for all Bill said that the Government would:

“Convert schools to academies in the worst performing local authorities and those that can no longer viably support their remaining schools, so that a new system led by good and outstanding schools can take their place”.

There already is a system led by good and outstanding schools—the local authority system. Is there room for improvement there? Of course: there always is, just as there is room for improvement in the academy and free school sectors. Is there any basis for binning the entire local authority sector in favour of the other two sectors? Absolutely not.

Just yesterday I visited Tollgate Primary School in east London, a teaching school that leads an alliance of 30 schools across seven London boroughs. It was already an outstanding school, and in 2013 its executive head also took on that role in nearby Cleves Primary, which had a “requires improvement” rating from Ofsted. Within just 18 months, Cleves joined Tollgate in being judged as outstanding in all areas. To achieve that in 18 months is very rare, and it was made possible by the schools working jointly in a federation. But the Government have effectively outlawed any new federations of maintained schools and Tollgate is now considering becoming an academy because, if it does not, it will be unable to progress from its current position as a teaching school.

That is an example of the covert pressure applied to outstanding maintained schools to make them bend to the will of the Government. I suspect that we can expect more underhand tactics when the Bill announced yesterday is rolled out. The Minister did not spell out how it would define local authority “viability” or a “minimum performance threshold” for local authorities, but it is to be hoped that there will be consultation on these definitions.

The independent think tank CentreForum has done some calculations on this. Working on the basis that a local authority is “unviable” if less than half of pupils in the area attend local authority maintained schools, and a local authority is “underperforming” if its maintained schools at either key stage 2 or key stage 4 are below the current national average, CentreForum has calculated that as many as 122 local authorities responsible for 12,000 maintained schools meet these not unreasonably assumed criteria for defining “unviable”. Forcibly converting those 12,000 schools to academy status would result in around 85% of all schools being academies, which, along with those converting voluntarily, would in turn render most remaining local authorities unviable.

Hey presto: the Government are within touching distance of their wish for all schools to become academies and so, by smoke and mirrors, the apparent pulling back from mass-academisation is not what it seems at all—not so much a U-turn, more a Z-turn. If I am wrong or this analysis is overly pessimistic, I am sure that the noble Lord, Lord Nash, will write to me pointing this out. At a cost of around £1 billion the mass conversion of schools is simply not good use of public money, particularly at a time of huge funding pressures on schools.

We welcome the improvements to support for care leavers outlined in the Children and Social Work Bill. I listened closely to the wise words of the noble Earl, Lord Listowel, who regularly demonstrates his knowledge of and commitment to issues associated with children in care. Approximately 10,000 young people leave care in England every year, in many cases before they turn 18. Research shows that they are more likely than their peers to have poor outcomes later in life. This includes education and work, homelessness, contact with the criminal justice system and mental health problems.

It will also be important for this Bill to make up for the missed opportunity in the Education and Adoption Act by ensuring that, this time, provisions are introduced to ensure that children’s mental health is properly assessed on entry into care and then throughout their time in the care system. As the right reverend Prelate the Bishop of Durham said, leaving care is often traumatic, yet the Government have failed to provide adequate adoption support, and cuts to services are putting pressure on the system. Measures that will increase adoption are welcome, but it is vital that action is taken that is in the best interests of the individual child. It is unacceptable that the Government have not yet developed a strategy for the wholesale improvement of the care system that delivers for all, not just those children being considered for adoption. As the noble Lord, Lord Bichard, told noble Lords, social work should be seen as an honourable profession, yet often it is not. It is certainly a vital one. It is essential that other forms of care, such as kinship care and fostering, are not marginalised, because that will prevent the step change we need to see in outcomes for looked-after children. This Bill invites more than a few questions for the Government, but rather than list them now I will wait until 14 June when the Bill will have its Second Reading.

We believe that the digital economy Bill should detail a comprehensive approach to address the digital skills challenge in the UK and improve digital inclusion, improve the communications infrastructure and connectivity and make the UK the best place to start and scale up a high-growth tech business. As my noble friend Lord Mendelsohn said what seems a very long time ago now, the Government are letting down millions of households and businesses over the rollout of high-speed broadband. Six years after abandoning Labour’s fully-funded commitment to universal broadband, the Government’s superfast broadband rollout is still suffering delays. Many noble Lords have either outlined problems that they have experienced personally or talked about it in general terms. As the noble Baroness, Lady Burt, said, they simply must do better because the economy as a whole is suffering.

We welcome the focus on the age verification of websites containing pornographic material. However, in the knowledge that children’s digital lives play out across various social media platforms as well as websites, we remain concerned that unless we extend age verification measures to these platforms, children will continue to be exposed to pornographic and age-inappropriate material online.

Despite not meriting a mention in the gracious Speech, the elephant in the room throughout this debate has been the BBC, and understandably so. In fact, the elephant trumpeted loudly on many occasions, to the extent that it would be simpler to list noble Lords who did not mention the BBC than those who did. If I mention in particular the noble Baroness, Lady Bonham-Carter, the noble Lords, Lord Fowler and Lord Addington, and my noble friends Lord Macdonald of Tradeston, Lord Cashman and Lord Stevenson, I hope other noble Lords who spoke on the BBC’s behalf will forgive me. Although the proposals published in the White Paper last week do not require legislation, it is, of course, very much a hot topic. Noble Lords who spoke warned of the need to be wary of the Government undermining, underfunding or otherwise weakening the great institution that is the BBC. I echo the view of the noble Lord, Lord Foster, that the BBC’s independence and impartiality must be upheld and decisions as to who will form the new unitary board should be the preserve of the Commissioner for Public Appointments. It is also essential that the licence fee should be protected, if the BBC is to continue to serve the whole country, which I and many people believe it does very effectively.

The Higher Education and Research Bill marks a sharp turn away from the established university system and on the face of it will empower more people than ever to access higher education in their local area through a college. So it was perhaps appropriate that it was the noble Baroness, Lady Sharp, who outlined with great clarity some of the issues that will arise. It is to be welcomed that the new regime will provide a wider choice of courses linked to employment, but there are two buts. First, as my noble friend Lord Murphy told the House, under this Government and the previous one tuition fees have already trebled to £9,000 and we could see them climb even higher, saddling young people who want to go to university with tens of thousands of pounds of debt. That is likely to act as a disincentive to many would-be applicants and is an issue that the Government must address if they genuinely want to expand the social background from which students are drawn.

Secondly, what the noble Lord, Lord Nash, called a “wide range of providers” sounds like a free-market free-for-all, very much like the US model. As my noble friend Lord Stevenson, said, that is a matter for real concern because any brief examination of that system reveals the dangers, with many degrees next to worthless and students often left no more employable at the end of their course than when they started it. It would be encouraging to hear the Minister tell us that that will not be the case, although I suspect that the detail of the Bill is not yet complete.

On an NHS overseas visitors charging Bill, we will support any moves that are about ensuring fairness in the system and getting a better deal for taxpayers. However, we need to avoid turning NHS staff into border guards and the key test of these proposals will be whether they can be effectively enforced and whether it will cost the NHS more to administer the charges than it ends up receiving. We will also be seeking a guarantee that certain exemptions will remain in place, such as those for asylum seekers and people with infectious diseases.

Since the gracious Speech we have learned of agreement being reached between the Government and the BMA on junior doctors’ hours. The noble Baroness, Lady Walmsley, highlighted some of the contract conditions apparently withdrawn by the Secretary of State, enabling agreement to be reached. That is, of course, most welcome, but it demonstrates what many have believed for some time—that Mr Hunt wanted this dispute, he planned it and he prolonged it. The agreement reached yesterday could have been achieved weeks ago, obviating the need for industrial action. Very few employees in any sector go on strike unless it is the last resort. That was particularly true of the junior doctors. Yet, the Secretary of State’s intransigence left them with little choice because media coverage of cancelled operations and picket lines outside hospitals served his purpose. That is shameful. Now we are at an end point, it should be understood that it is despite the approach adopted by Mr Hunt, not because of it. The priority for Ministers now must be to repair the damage the dispute has done to staff morale and begin the process of rebuilding the trust of the very people who keep our NHS running.

In the weeks and months ahead, the detail of the 21 Bills announced yesterday will emerge. It is to be hoped that, unlike last Session, we are not presented with skeleton or framework Bills which are not even fleshed out fully during consideration in both Houses but are left for Government to fill through secondary legislation at a later date. This is not an acceptable or even responsible manner in which to legislate. As my noble friend Lord Murphy suggested, in perhaps the most perceptive speech of what has been a debate of genuine quality, the Government need to give more thought to the implications and practicalities of proposals that they bring forward. I echo that plea. Will Ministers heed it? We shall see.