Childcare Bill [HL]

Baroness Massey of Darwen Excerpts

Wednesday 1st July 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords, I served as a member of the Delegated Powers and Regulatory Reform Committee and want to return for a moment, if I may, to the recommendations in our second report. I very much welcome the response from the Minister this afternoon because I think that it was very helpful, but there are wider issues here. I particularly appreciate the presence of the government Chief Whip, because I am sure he will wish to make sure, through the usual channels, that there is discussion of some wider issues.

I am also delighted to see that the chair of the Delegated Powers and Regulatory Reform Committee is here—the noble Baroness, Lady Fookes. It is probably her drafting that has produced what is, I think, the most critical paragraph in the second report—critical in both senses—which I will put before your Lordships’ House:

“We note that the Minister said that ‘the introduction of the Bill, with a strong duty on the Secretary of State, sends a clear message to parents and providers about the Government's commitment’. That is not, in our judgment, a proper use of legislation: the purpose of an Act is to change the law, not to ‘send a message’”.

I think that that is critical to the role and responsibility of your Lordships’ House. I therefore think it entirely appropriate—and I welcome the fact that they have given these indications—that the Government are prepared to respond positively to the report as a whole. However, it applies not just to this Bill. As the noble Baroness and my noble friend said, there are echoes here of the committee’s first report, which relates to the Cities and Local Government Devolution Bill, where again there were powers in statute, potentially, that are akin to Henry VIII powers, which this House has always been very sensitive to and I hope will always be.

As my noble friend said, in the immediate aftermath of a general election and change of Administration, there is always an absurd rush to legislation, with Ministers desperate to get something done. But it is an affront to the role of your Lordships’ House to put before us obviously inadequate legislation. That is true in both these cases. I hope that there will be an understanding, not just in relation to this Bill but in relation more widely to the legislative programme of the new Administration, that there are important implications for the role and responsibility of your Lordships’ House. I hope that there will be very careful reading of the first and second reports of the Delegated Powers and Regulatory Reform Committee.

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for his statement and am very pleased to hear that the noble Lord, Lord Sutherland, will be helping in the progress of this Bill. The noble Lord chaired most ably the Select Committee on Affordable Childcare. It is to this point that I wish to refer, following on from the points made by my noble friend Lady Andrews about the skeletal nature of the Bill and the inadequacy of the deliberations before the Bill came to us.

The Affordable Childcare Select Committee interviewed more than 80 experts in childcare and several academics and parents. It was an excellent committee effectively chaired. I would like to know from the Minister whether the Government have actually read the Select Committee report. Even though the report was presented to this House in February, we have been promised a response only in the autumn. That seems to me to be a very long time for consideration.

If the Government have read the report, does the Minister think that it would be a good basis on which to produce or propose legislation now? The Government have missed an opportunity to produce a really good, solid Bill. They have not done so. They had the opportunity to read the Affordable Childcare Select Committee report with all its recommendations. What will the Government do now about this Select Committee report? Will they take it seriously and why have they not done so already?

[Lord True (Con)]

My Lords, I raised this matter on Second Reading. I was critical of my noble friend on the Front Bench and of the way in which the Bill had been brought forward. This was from the viewpoint of someone who spent rather too long in Whitehall and even longer—13 years—in the usual channels. I repeat what I said: it was not a good way to go about legislating. But I think that the House is at its best when it sheds light, rather than heat, on a subject, so perhaps we should get on and consider it in Committee.

The noble Baroness the Leader of the Opposition was a little bit holier than thou. During all the years I spent toiling in opposition, I remember a fair number of pretty outrageous Bills—indeed, skeleton Bills—that came forward from the other side. I remember in particular a scandalous planning Bill which would not bear much resuscitation. So we have all been guilty and we all agree that the House is at its best and does its duty best when it has the opportunity to consider a Bill in detail. I was grateful for the chance to talk to the Leader of the House yesterday, and to my noble friend, who responded, as the noble Earl, Lord Listowel, said, with the courtesy and consideration that the House expects from him. Clearly, a mistake was made. When a new Government are formed they understandably want to make progress on important matters. Lessons have been learned and I am unequivocally grateful to my noble friend for his response.

There is just one small thing. I do not want to upset my noble friend the Chief Whip, but Report stage is quite restrictive. It is not for me to do the usual channels any more but it may be that, in the light of information we receive, some of the Report consideration could be on recommittal, to enable your Lordships to look at one or two matters, provided that there is no obstruction to the timely passage of the Bill. This is a matter for the usual channels but the House does have that flexibility. I should like to thank my noble friend for the generous, courteous and honest way in which he has come forward with good solution for the House.

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Moved by

[Baroness Massey of Darwen]

2: Before Clause 1, insert the following new Clause—
“Welfare of children in the delivery of childcare under this Act
(1) In exercising her duties under this Act, the Secretary of State shall—
(a) hold the welfare of all children as paramount in the delivery of childcare in England;(b) promote the progressive development of persons and institutions which provide childcare;(c) promote the effective execution by local authorities of their childcare duties under Part 1 of the Childcare Act 2006;(d) ensure that childcare provision under sections 1 and 2 provides valuable early years education and contributes to closing gaps between children from disadvantaged backgrounds and their peers; and (e) ensure that childcare in early years settings should provide caring and positive experiences which support children’s development and prepare children to thrive at school and in later life.(2) In this Act “welfare” in relation to childcare means the welfare of children in childcare in so far as it relates to—
(a) physical and mental health and emotional welfare;(b) protection from harm and neglect;(c) education and recreation; and(d) social and economic welfare.”

[Baroness Massey of Darwen]

My Lords, in moving Amendment 2, I shall not go through each point but there are other important amendments in this group.

First, I thank the Minister for responding to concerns about the UN Convention on the Rights of the Child in the annexe to his correspondence entitled “Considering the Impact of the Childcare Provisions”. Of course, the UN Convention on the Rights of the Child states that the welfare of the child should be paramount. The Minister quotes Article 18 with regard to assistance of parents and legal guardians, and Article 3, on the best interests of the child. I add that UNICEF’s summary of that article states:

“When adults make decisions, they should think about how their decisions will affect children

That is a fundamental issue behind my amendment.

Of course I support getting parents into work, and I support the increase in free childcare. However, children are at the end of this. I think the noble Lord, Lord Storey, was in the same territory: children should be at the end of any deliberation we might make. The Bill as it stands is very adult-centred, and I want to redress the balance and put the focus back on to children and their needs, in particular with a specific provision to close the gap between children from disadvantaged backgrounds and their peers.

Eligibility for working parents and the problems about eligibility will be discussed later, so I will not go into them now. Nor will I go on and on about the wonderful report of the Affordable Childcare Select Committee, chaired by the noble Lord, Lord Sutherland, although I have to say it is a good read. It is packed with research, options and recommendations from providers, parents and employers. Importantly, that report also has children and their welfare at its heart. It shows that children in deprived areas tend to get worse childcare than those in affluent areas and that early years provision attached to a school is generally of a better quality. The committee also recommended that the Government should reprioritise and focus on children who are most in need of high-quality childcare. As we go on, prioritisation may become important and we should discuss the options.

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[Baroness Evans of Bowes Park (Con)]

My Lords, I shall speak to Amendments 4, 7, 15, 20 and 33 regarding the quality of childcare and early years education. I thank the noble Baroness, Lady Massey, the noble Earl, Lord Listowel, the noble Lord, Lord Northbourne, my noble friend Lord True and the noble Baronesses, Lady Tyler and Lady Pinnock, for tabling these amendments and for leading the debate on this important issue. I also thank other noble Lords for their contributions.

First, I will reassure all noble Lords that children are at the heart of our thinking in this area and that they will always be at the forefront of what we are trying to do. The Government are committed to driving up the quality across early years provision for all children and ensuring that the current early education entitlement is of the highest quality. The current entitlement ensures that all three and four year-olds can access 15 hours a week of quality early education free of charge to prepare them for school and improve their life chances. It also ensures that children are kept safe and well and that their individual needs are met. The purpose of this Bill is to build on the popular current package and to help families further by reducing the costs of childcare and supporting parents to work.

A number of noble Lords rightly focused on the needs of deprived families, but we all know that work is a key route out of poverty, which is why that is a focus of these measures. We are clear that the extended entitlement is intended to help families by reducing the cost of childcare and supporting them to work. We want to make sure that this is delivered in ways that meet the needs of working families and their children. We think that it is important that the extended entitlement is flexible for parents to access and can be delivered by a range of providers. But again—this point was made by many noble Lords—what is of equal importance is the quality of childcare and the impact that it has on child development. It is absolutely imperative that childcare is delivered in a safe, secure and welcoming way that contributes to a child’s welfare and development. Of course, a large number of parents already use significantly more than the 15 hours of formal childcare that are provided. All a child’s time spent in such registered early years settings is looked at by Ofsted.

I turn first to Amendments 2, 4 and 20. The quality and welfare standards of all early years childcare, and this Government’s expectation of providers to deliver it, is already set out in regulations under the existing Childcare Act, and, crucially, through the requirements of Ofsted’s regulatory and inspection regime. Ofsted has announced a new, improved common inspection framework to come into effect from September this year, which will bring more consistency to inspection approaches across education and registered early years settings assessed under the early years foundation stage statutory framework. There will be an increased focus on children’s outcomes and the quality of teaching and learning, and on whether appropriate continuous professional development to improve staff practice is in place. Once again, I stress that children’s welfare and safety remain paramount and are key elements of the inspection regime.

The noble Baroness, Lady Tyler, asked about the strategy for workforce improvement. We are committed to ensuring that we provide a clear and overarching framework of regulatory accountability and high-quality standards for childcare providers, alongside raising the bar on the calibre of staff via more demanding qualifications and qualification entry requirements. Within this framework, childcare businesses are incentivised and supported to self-improve. We think that this is the right approach for a largely private market and respect the fact that professional practitioners and owners of settings are best placed to recruit and retain a workforce that delivers the childcare that the Government, but, most importantly, parents, want.

The Government therefore are continuing to support the development of the sector by providing £50 million of funding through the early years pupil premium to support providers to raise the quality of provision for disadvantaged children, including supporting workforce development, £5 million to teaching schools to work with local providers and £5.3 million to voluntary and community sector organisations this year, many of which will focus on the upskilling of the workforce by offering training and development.

The noble Baroness, Lady Tyler, also asked about quality being reflected in the regulations. This was a key theme that ran through many noble Lords’ contributions. As we have said, we are talking to parents about their requirements for taking up the new entitlement, including quality. These views will be reflected in the regulations that we will consult on in 2016.

I turn to Amendments 7 and 15. I thank the noble Lord, Lord Northbourne, for raising this issue. I think that we can agree on the importance of attachment in early childhood and its implications for long-term social and emotional development. International and UK studies have shown that the foundations for virtually every aspect of human development are laid in early childhood. What happens to a child from the womb to the age of five has lifelong effects on many aspects of health and well-being from obesity, heart disease and mental health to educational achievement and economic status.

The environment for a child in their early years is fundamental to their development and for secure emotional attachment. We know that infants become securely attached to adults who are consistently sensitive, loving and predictable in social interactions with them. With the security of knowing that their primary care giver is emotionally available, children grow in confidence and explore the surrounding world, including the learning opportunities of nursery and school. The Government are committed to supporting the promotion of developing secure attachments between young children and their parents. As well as increasing the number of health visitors, we have raised the standards of qualifications, including the introduction of early years teachers and early years educators and we want to ensure that practitioners have a strong understanding of child development issues such as attachment.

The early years foundation stage sets the standards that all early years providers registered on the early years register must meet to ensure that children learn and develop well and are kept healthy and safe. The statutory framework also recognises that good parenting and high-quality early learning together provide the foundation that children need to make the most of their talents and abilities as they grow up, and, of course, continuity of care is very important. I reassure noble Lords that Ofsted inspectors will take into account the need for the well-established key person system mentioned by the noble Earl, Lord Listowel, among others. It will help ensure that children form secure attachments and promote their independence and well-being. While I recognise the intentions behind the amendments I have discussed so far, I hope that we have sufficiently reassured noble Lords that they will agree to withdraw them.

I turn to the amendment spoken to by my noble friend Lord True, who raised the position of parents who choose to stay at home. I assure him that the Government recognise that it is a matter of choice for parents to decide whether they want to work or not, and that we have already implemented additional support for such parents, such as shared parental leave. The new marriage allowance will allow people who are married or in a civil partnership to reduce their partner’s tax by up to £212 a year. I understand his concern that for many parents the choice to stay at home, offering their own quality of care and love to their children, will be the right one to make. He will also be aware that those families are, indeed, entitled to the first 15 hours for three and four year-olds and to the 15 hours for two year-olds from disadvantaged homes. All in all, that adds up to a substantial package.

The principle that the additional entitlement is for working parents is, however, an important one, which I have already mentioned. It offers greater choice to parents who wish to work additional hours and for those who may wish to return to work, and it supports the Government’s goals of supporting hard-working families, reducing the cost of living and ensuring that fiscal goals can be met. However, it does not stop anyone choosing to stay at home and access the other support that I have outlined. I hope that the noble Lord is reassured by that and will feel able to withdraw his amendment.

In conclusion, the Government are committed to ensuring that childcare places are of high quality, as these have lasting benefits for children. The safety and welfare of children remain paramount. Children are at the heart of what we are seeking to do. I hope that noble Lords have been reassured by my responses and I ask them not to press their amendments.

[Baroness Massey of Darwen]

My Lords, this has proved to be a very important and stimulating discussion on these amendments. I thank noble Lords for their support for the notion of high-quality, child-focused childcare, and the Minister for her response. However, I would be reassured if the words “paramount”, “important” or whatever appeared before the notion of children, because my problem is that I do not see the importance of the child being paramount on the face of the Bill, and I would like it to be there.

However, as I say, this has been a very interesting and important debate. Developmental stages have come up time and time again—that is, children’s personal, social and academic development—and high-quality childcare, from whichever source it comes, that responds to the child’s needs. I very much agree with the noble Baroness, Lady Howarth, who talked about a strategic approach, recognising that children are different. Many noble Lords spoke about this. Children have varied needs. As many noble Lords said, this may, indeed, require hard choices.

I mentioned earlier the report highlighting that some boys not only have poor literacy but are miles behind at a very early age. We need to focus on children who require special help; their needs are paramount. If the welfare of the child is at the forefront, as the noble Baroness has just said, I think that needs to be spelled out in the Bill, preferably at the beginning. That would reassure me. I beg leave to withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, I want to propose Amendment 11 on the definition of a working parent, which adds our suggested categories to the list proposed by other noble Lords. In his response to the Second Reading debate, the Minister said that “working”—and by this we assumed that he meant “working parent”—

“will be defined as the equivalent of eight hours per week, will include self-employed work, and that lone parents will be able to access the entitlement”.

He added that,

“more detailed criteria will be subject to consultation in due course”.—[Official Report, 16/6/15; col. 1128.]

As we have discussed, we have not yet seen the more detailed criteria that will be the subject of that consultation, so on this basis we are helping the noble Lord along in this process by making some more helpful suggestions.

We discussed the report of the Delegated Powers Committee earlier. I thought it made a telling comment, because the Government had stated that their intention in the Bill was to send,

“a clear message to parents and providers about the Government’s commitment”.—[Official Report, 16/6/15; col. 1130.]

In its response, the committee said that it did not feel that the purpose of an Act was to send a message. I do not think we are sending much of a message to parents anyway if they do not know what the qualification criteria will be for this free childcare. Our objective behind Amendment 11, which by its very nature is a probing amendment, is to make the eligibility as simple but also as widespread as possible. Through this amendment, we want childcare to be available, free of charge, for qualifying children for a period equivalent to 30 hours in each of 38 weeks in any year for parents who: are not in work but are receiving job training; are,

“the main carer for a family member”;

or are on zero-hours contracts. More than that, we want by this amendment to ensure that “working parents” includes parents who have had their contracts,

“unexpectedly ended through no fault of their own”.

This is a point well made by the Child Poverty Action Group, which argues that generous rules should be established for parents who place their children in childcare when in work but subsequently lose their jobs through no fault of their own.

The Government have so far reached a definition of working parents without conducting any consultation on or assessment of how many children would miss out on the Bill’s provisions. At Second Reading, the Minister stated that a working parent is a parent who works a minimum of eight hours per week. Then in the policy statement issued later, he added an important detail refining the definition of a working parent as one who works a minimum of eight hours per week earning the national minimum wage. That leaves even more questions to be answered. For example, what happens in the case of parents earning below the national minimum wage? Although that is illegal, as we know, employers in disadvantaged areas often practise this. The Government have been given plenty of evidence of this illegal practice for some years now and have done very little about it. If the aim of this policy is to get parents back into work, surely it should be extended to parents on jobseeker’s allowance who are receiving training to get back into work. Alternatively, parents may be engaging in regular voluntary work as a means to build experience and their CV while seeking paid employment. Has the Minister any thoughts on how these categories of parents can be supported with childcare?

Parents on zero-hours contracts do not have a set number of hours to work a week. There are some women and some men whose shifts are cancelled at short notice—that day, and there is no work and no pay. These parents would not meet the eight hours per week criteria. Will they be penalised by this measure? Would they become criminalised if they had already filled in a form expecting to work eight hours per week but, due to circumstances beyond their control, were unable to do so? We also have a growing number of carers, with more and more people giving up their jobs or cutting back on hours to care for a family member. Have the Government accounted for the care sector in the delivery of the additional hours of free childcare?

These questions and many more are being left unanswered, so I hope that the Minister can confirm that he is taking on board the many examples we are all giving this evening, and come back with some further examples which embrace many of these wider definitions that we have been spelling out.

[Baroness Massey of Darwen]

My Lords, I shall speak briefly to Amendment 25. I support the amendments in this group, which look at what constitutes a working parent. Here, I would maintain that grandparents can fulfil that definition of a working parent if they are looking after a child or children, and they should get the same childcare opportunities as working parents. I will explain why in a moment. Grandparents are bringing up children because the parents of the child may be dead, in prison or addicted to alcohol or drugs. For grandparents, the welfare of the child is so paramount that many put their own lives on hold. They need and deserve support.

The issue of grandparent, or general kinship, care has been discussed in relation to many Bills over the past 10 years at least. I became aware of the issues facing kinship carers, particularly grandparents, when I chaired the National Treatment Agency for Substance Misuse. I met many grandparents who were suffering hardship. It is estimated that 300,000 children are being raised by relatives and friends—and I mean raised full-time. They are doing a job: they are looking after and bringing up someone else’s child or children. An estimated 60,000 kinship carers have dropped out of the labour market to bring up children. Many have decreased their working hours or their income. One reason is the high cost of childcare. Other kinship carers, usually grandparents, have retired from work. They and their grandchildren would benefit from extra free childcare. I know what they are already entitled to, but if they are not working the new provisions in the Bill will not apply. Many kinship carers are under severe strain and could be helped, as could the children they are bringing up, by more hours of childcare.

I met a grandparent a couple of years ago who used to work but gave up when her daughter died of a drug overdose. She took over responsibility for three children, aged between one and four, left with her one midnight. She was exhausted and needed more space for herself, and the children needed more stimulation than she could give. She was not helped by the bureaucracy of her local authority, from which she had little help or support. In a recent survey, 95% of kinship carers said that they had experienced at least one unmet need for support. Kinship carers have few rights, few specific services and a complex and confusing system to negotiate. The woman I just spoke about said, “I ought to be reading to my grandson but I have to spend my time filling in forms”. According to a survey by Family Lives, most feel that parenting is more challenging than it was a generation ago.

I am talking about committed carers, devoted to their grandchildren or relatives, who have taken over in a family crisis. They save the taxpayer about £750 million a year. Surely, these carers should be given support. Being able to access free extra childcare would make a huge difference to their lives and the lives of the children in their care.

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[Baroness Jones of Whitchurch]

Can I ask a very simple question? The Minister did not specifically refer to the very telling comments from the noble Lord, Lord True, that, if you have too complicated a system with all the bureaucratic checking that needs to take place, it is a burden on the public bodies that have to do it—but also there is a cost involved. Is the funding review or one of the other reviews that is taking place going to look at whether having a universal system would not be a whole lot simpler than some of the tiers that we are now trying to put into place? I am not expecting an answer now, but it would be useful to know at least that these factors are being considered again.

[Baroness Massey of Darwen]

I apologise, because I know that everyone wants to get to supper, but I have a clarification point. In the Childcare Act 2006, which is quoted in the Bill, it says that,

‘“parent’ means a parent of a young child, and includes any individual who … has parental responsibility for a young child, or … has care of a young child”.

Did I understand the Minister to say that grandparents would still have to be working grandparents or that they would qualify because they would have parental responsibility or care for a child? Many of them are not working because they are too old or they have retired. Could he clarify that for me?

[Lord Nash]

They would have to be working.