National Citizen Service Bill [Lords]

Debate between Baroness Morgan of Cotes and Rob Wilson

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 15th March 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mr Rob Wilson)]

I do hope the lights stay on, because I am not expecting a highly charged debate this afternoon—boom, boom!

Anyway, I am grateful to my right hon. Friend the Member for Loughborough (Nicky Morgan) for her contribution, for her fantastic support for the NCS, and for raising this issue. Like Lord Ashton in the other place, I do not want there to be any barriers to young people volunteering their time on heritage railways or, indeed, in other appropriate environments.

NCS participants often choose to dedicate their social action project to a cause that is important to them in the community. If they wanted to work, for example, on the Great Central railway—an excellent heritage railway, as Members know, in my right hon. Friend’s constituency—nothing should unreasonably prevent them from doing exactly that. Health and safety law must, of course, be adhered to so that young people are properly looked after and risks are managed. That, of course, is sensible.

My Department has spoken with the Office of Rail and Road, which is responsible for the regulation of heritage railways. It confirms that there is a long-standing role for those under school leaving age to work on such systems in the heritage sector, and I know my right hon. Friend has a series of meetings to confirm with the ORR and others whether that is the right way to go.

There is a clear benefit to young people in being able to take part in such volunteering activities: it gives them practical and social skills, develops a sense of community and social engagement, and equips them with a formative degree of knowledge of safety and risk management.

General health and safety policy makes specific provision for the assessment and management of risks for young workers. We would, of course, expect the 1920 Act to be applied and enforced practically, sensibly and in the public interest. For railways that are appropriately managing volunteer work done by young people, and otherwise complying with health and safety law, there is a relatively low risk of action against them in practice. If there were evidence of poor supervision or exposure to risk, the ORR would have the usual range of enforcement powers to deploy. Those range from verbal and written advice to improvement notices, prohibition notices and prosecution for the most serious breaches of the law.

Modifying the law in this area would carry a risk that would need to be investigated thoroughly. The NCS Bill is a focused piece of legislation, as my right hon. Friend realises, and is drafted to put the NCS Trust on a more accountable footing. It is a governance Bill working alongside the draft royal charter, so it is not the place to change the law on the health and safety of young volunteers. Moreover, the 1920 Act concerns those under 16, and the vast majority of NCS participants are 16 or over, so they are not the concern of the Bill.

With that reassurance from the ORR, I know that my right hon. Friend will withdraw her amendment.

[Nicky Morgan]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.