Relationships, Sex and Health Education: Statutory Guidance

Baroness Falkner of Margravine Excerpts

Thursday 16th May 2024 Lords Chamber

[Baroness Barran (Con)]

I am not quite sure what to say about parents with weird views. As long as they are legal, I guess we have to roll with it—’twas ever thus.

It is possible that the noble Lord misunderstood what I said in the Statement about year 8. Year 8 is the age from which most children have the emotional maturity to learn about suicide prevention. There are different age limits in the guidance, which I know the noble Lord will enjoy getting familiar with.

In relation to menstruation, as I said in response to the initial question from the noble Baroness, Lady Twycross, children should not be taught about menstruation earlier than year 4. Most children will be taught from the age of eight or nine. For the vast majority of girls that will be, as the noble Lord suggests, before they start menstruating.

On the limits being dangerous, I feel that the noble Lord used quite a strong word. I do not think for a second that the Government are trying to second-guess the ability of teachers to judge what is age-appropriate for their class. As I said earlier, in a circumstance where a teacher feels strongly that it is important to teach something, as long as they are transparent with parents about it, and as long as there is transparency around the materials and they are age-appropriate, then there is a degree of flexibility for teachers to do that. Many schools and teachers asked us for clarity around age-appropriate boundaries, and that was also the advice of the expert panel.

[Baroness Falkner of Margravine (CB)]

My Lords, I chair the Equality and Human Rights Commission. I will turn to that, but first I would like to ask a question in my personal capacity. It is to do with the guidance and the comment that refers to contractual obligations of companies which provide training material. I think the Minister told us that those clauses will not be enforceable. Recognising that commercial interests are engaged in the enforceability of some aspects of those clauses, could she elaborate on how they intend to clarify that?

Turning to the role of the Equality and Human Rights Commission, there seems to be some confusion in this Chamber. To save public servants time and money, perhaps I could explain to some quarters of this Chamber that the Equality and Human Rights Commission has a statutory duty under the Equality Act 2010 to advise the Government. However, as far as I know, on this occasion it has not yet engaged. It looks forward to doing so in response to the consultation.

[Baroness Barran (Con)]

I thank the noble Baroness for clarifying that point. In relation to contractual obligations, she is aware that my right honourable friend the Secretary of State has written twice now to schools clarifying the position on copyright and intellectual property. The simple way through this is that schools should not engage and use third-party providers of materials where copyright presents an issue or where their perception of their copyright rights is a block to transparency with parents, which we believe is the overriding principle.