Application of the Family Test

Debate between Alison Thewliss and Fiona Bruce

Wednesday 13th March 2019 Westminster Hall

[Fiona Bruce (Congleton) (Con)]

I commend my hon. Friend the Member for St Austell and Newquay (Steve Double) for bringing forward this debate, and the work of the Centre for Social Justice over many years on this issue. My hon. Friend quite rightly said that it is refreshing not to be speaking about Brexit in a debate, but over many years, many of us—particularly those sitting here—have spoken often about strengthening family life. I entirely agree with my hon. Friend that much more needs to be done, and to be done by this Government.

In December 2017, I submitted written questions to every Department—15 of them—asking how they had applied the family test. More than half provided an identical and completely inadequate response:

“The Government is committed to supporting families. To achieve this, in 2014 we introduced the Family Test, which aims to ensure that impacts on family relationships and functioning are recognised early on during the process of policy development and help inform the policy decisions made by Ministers. The Family Test was not designed to be a ‘tick-box’ exercise, and as such there is no requirement for departments to publish the results of assessments made under the Family Test.”

That is very ironic, given that it is something of a ‘tick-box’ reply, and only really restates the importance of the question.

Several other Departments provided equally inadequate replies or replies that lacked any information. I will share some of them. The Attorney General Office’s reply was one line long:

“The AGO has not been the sponsoring department for any legislation in this session.”

Officials must have—or should have—considered the issue during the Session.

The Department for Business, Energy and Industrial Strategy said:

“Although not a statutory requirement, the impact on families is considered as part of the Department’s compliance with the requirements of the Public Sector Equality Duty as specified in the Equality Act 2010.”

That does not tell us anything about what the Department did.

The clear contrast between the duty under equalities legislation and this legislation is interesting. A clear duty is being properly and systematically applied and honoured under equalities legislation by every Department; they look at legislation in that context in a way that they do not in the context of strengthening families.

The Cabinet Office’s reply was three and a half lines long, and we should bear in mind that the Cabinet Office is the responsible Department for having a broad overview of how Departments apply legislation. Its reply was much the same:

“The Government's guidance on the family test is available on Gov.uk and provides that the test should be taken into account, if sensible and proportionate, when considering all new policies that might have an impact on the family, including those set out in legislation.”

It took three months to reply, but it was not the worst. I had to issue a reminder to the Home Office, which took six months to reply to my important question.

As my hon. Friend the Member for St Austell and Newquay said, ironically, the Department that provided the best and fullest answer was the Ministry of Defence. I cannot possibly read the whole answer, but it provided the kind of reply that I had hoped to receive from every Department. Among other things, it says:

“We recognise the vital role that their families play...we are developing flexible engagements for those who wish to vary their deployability to better fit their Service career around family life, all of which aims to contribute to increased family stability. A key component of the Families’ Strategy is to ensure that Service families are considered in people policy development, supporting the principles outlined in the Family Test. This is achieved through consideration of the Service family as part of each relevant submission or policy discussion, and through regular engagement with the single Services and the three Families’ Federations who represent the needs and views of Service families. The Department also monitors the development and implementation of policy to assess the impact on families.”

That is the kind of response that we hoped for, and which we deserve, from every Department.

[Alison Thewliss (Glasgow Central) (SNP)]

The hon. Lady is making an interesting point about the Ministry of Defence. It is very good that it has policies of that kind, but, in practice, I have a constituent who is looking for flexible working—she is looking to support her poorly mother and a child. She is getting absolutely stonewalled by the Ministry of Defence. Does the hon. Lady agree that policies are good, but they have to be put into practice and they have to work on the ground?

[Fiona Bruce]

Absolutely. I recommend that the hon. Lady points her constituent to that reply and challenges the Department accordingly. That is one of the reasons that we raise such questions.