A-level Reform

Debbie Abrahams Excerpts

Wednesday 23rd January 2013 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. The important point here is that the Russell Group has agreed to be part of this process; it wants to be involved. I think there is an increasing appetite for that among universities across the board. Universities UK has also expressed its interest because universities want to know that the students entering their institutions are well prepared. In certain subjects, academics have been very concerned about the level of preparation. They have quite often found that there is a difference between independent school students who get extra tuition and those currently doing A-levels in state schools.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Minister confirm that an impact assessment has been done on this policy change? If so, what assessment has been made of the effect on children from low-income families and black and minority ethnic communities regarding their education and career choices? Will she clarify whether this is a policy steer or an order?

Enterprise and Regulatory Reform Bill

Debbie Abrahams Excerpts

Wednesday 17th October 2012 Commons Chamber

[Jo Swinson]

New clause 8 will introduce sensible changes to the employment tribunal rules of procedure recommended by Mr Justice Underhill. I shall say more about the effect of those changes shortly. A number of other new clauses and amendments have been tabled both by the Government and by other Members, and I shall attempt to address them—as well as new clause 8—as comprehensively but as succinctly as possible. As Members will know, part 2 was subjected to thorough scrutiny by the hon. Member for Edinburgh South (Ian Murray) and his Committee colleagues, and all the clauses were accepted unamended.

Contrary to some of the views expressed in Committee, these measures do nothing to affect an individual’s employment rights. Instead, they deliver on the Government’s commitment to giving businesses more confidence to take on new staff and grow. We know that employment tribunals are a continuing cause of concern for businesses and, indeed, employees, and I should be surprised if Opposition Front-Benchers tried to argue that all is working swimmingly at present. The measures in part 2 are designed to alleviate the fears and problems by encouraging the earliest possible resolution of disputes, facilitating settlement agreements to help businesses to manage their staff more effectively, and ensuring that the tribunal system itself operates efficiently for all users.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Minister give way?

[Jo Swinson]

I will in due course, but I want to make a bit of progress first.

I welcome this opportunity to set out the changes that we have proposed and respond to those made by others, continuing the work of my predecessor to bring reform to the employment tribunal system. Let me begin by explaining the amendments that we are making through new clause 8, which will amend existing provisions in the Employment Tribunals Act 1996.

Following his fundamental review of the rules of procedure for employment tribunals, Mr Justice Underhill made a number of recommendations about how the rules might be improved. In some instances, he felt that the primary legislation would need to be amended before desirable changes in the procedural rules could be made. These changes will help to achieve more effective and targeted case management which will benefit all tribunal users.

The first change involves deposit orders. Tribunals can currently require a party to pay a deposit of up to £1,000 as a condition of continuing to proceed with a weak claim. However, a judge cannot currently use a deposit order to weed out the weak elements of a particular claim, and must instead attach a deposit order to the entire claim as a condition of proceeding. That lack of flexibility does not aid effective case management. Enabling judges to make better-targeted deposit orders will give both parties a clear sense of where they should focus their efforts, encouraging a more realistic approach to settlement, and I believe that it will also lead to greater use of such orders.

The second change relates to the recoverability of witness expenses for people who choose to represent themselves at tribunals and seek a preparation time order in respect of their work on the case. An oddity in the current costs regime places people who represent themselves at tribunals at a disadvantage, as a tribunal cannot make a costs order for witness expenses and a preparation time order in respect of the same party. We are amending the Employment Tribunals Act 1996 to remove that unnecessary restriction.

The final change deals with the recoverability of lay representatives’ costs. Mr Justice Underhill considered that those who chose to be represented by a non-lawyer, and who had paid for that service and advice, should not be put at a disadvantage when a tribunal concluded that the other party’s conduct meant that a costs order was warranted. I agree that those who choose to engage lay representatives rather than lawyers should not be disadvantaged when it comes to the award of costs, and I intend to use the existing powers in section 13 of the Employment Tribunals Act to change the rules of procedure in order to allow for such costs orders. The new clause helps to clarify the scope of section 13 by introducing a definition of the word “representative”.

Let me now deal with new clauses 1 and 2, tabled by the hon. Member for North Ayrshire and Arran (Katy Clark), which amend clause 15. Along with the organisation Public Concern at Work, she has been a powerful advocate on this subject, and we discussed it recently during a Westminster Hall debate that she had initiated.

I think we can all agree that, in an ideal world, legislation for whistleblowing would not be needed at all. In such a world, all employers would be open and receptive when an issue was raised, and would not seek to silence or drive out a person who brought important matters to their attention. However, as we know, such enlightened approaches to whistleblowing are not universal, so legal protection is required. We are equally keen to ensure that the protection offered by the public interest disclosure legislation is not abused by those who seek to rely on it for purely self-interested reasons. Clause 15, which has already been debated in Committee, will ensure that the whistleblowing provisions cannot be used to advance purely personal interests.

New clause 1 addresses a different aspect of the public interest disclosure legislation. It proposes the removal of the good faith test, which has been in place since the legislation was introduced. That would mean that individual whistleblowers would retain the benefit of employment protection even if their reasons for blowing the whistle were malicious, if they deliberately set out to cause commercial damage, or if they acted out of a desire for personal revenge.

There is clearly a balance to be struck. We are conscious of the recommendations of Dame Janet Smith’s inquiry into the tragic circumstances of the Shipman case. She suggested that the good faith test be removed to encourage more whistleblowers to come forward. We also recognise that the motivations of whistleblowers are not always clear-cut. Personal feelings, particularly when a relationship has broken down, sometimes make it difficult to understand the intentions of the person who is making a disclosure. Having said that, I should add that, as we have already made clear, we believe that the legislation is working well overall, and that the good faith test serves an important purpose.

We are also keen to avoid making a change that could allow individuals access to an uncapped award when their motives for blowing the whistle were malicious, and I therefore do not believe that there is a clear-cut case for removing the good faith test. However, I recognise that the hon. Lady has raised an important issue relating to this specific element of the public interest disclosure regime, and we will continue to look closely at the policy aims of the test to ensure that they are still being achieved.

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[Jo Swinson]

I cannot make it clear enough that this is not no-fault dismissal. The proposals in the Beecroft report would have removed at a stroke the employment rights of 30 million individuals, whereas what we propose is a voluntary and mutually beneficial process that will end the employment relationship only if the employee agrees to it. That is entirely different. The suggestions that are being made are not founded in fact. The hon. Gentleman says that we should consider how things proceed, and compromise agreements have been on the statute book for some time.

[Debbie Abrahams]

Will the Minister give way?

[Jo Swinson]

I will finish answering this intervention and take the intervention from the hon. Member for Edinburgh South, and then I will be happy to take an intervention from the hon. Lady.

Over the past year—at least over several months—the Government have considered how the process could be improved and have come forward with our proposals. The consultation on exactly how the agreements should take place is running and is open until 23 November. The hon. Member for Leyton and Wanstead is free to input his views and I encourage him to do so. Just as we have considered the current scheme, I am sure that if the scheme is found not to work in future years, any Government would be happy to reconsider it.

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[Jo Swinson]

I do not think so. Clearly it is important that the conversation is conducted in a mature and respectful way, and the guidance, on which we are consulting and which will include things such as guideline letters and templates, is expressly designed to make that easier for employers. The problem the hon. Gentleman raises is precisely the opposite of what the proposals will address, because now, where protected conversations can happen if there is a dispute, that creates a perverse incentive to employers to try to manufacture a dispute. Hopefully, the proposed measures will make it much easier for people to have that conversation without having to pretend that there is a dispute where none exists.

[Debbie Abrahams]

I am grateful to the Minister for giving way—eventually. I fear that this is another example of poor legislation from this Government. As I understand it, the provisions regarding protected conversations will not apply in certain conditions, including where an employer is deemed to have behaved in an improper way, yet there is no definition of “improper” in legislation. Will the hon. Lady comment on that?

While I have the chance, I will make the intervention I wanted to make earlier. We know from the OECD that the UK is one of the most lightly regulated countries in the world, next to the United States and Canada. Exactly what evidence does the Minister have to draw on that the measures will improve growth?

[Jo Swinson]

The hon. Lady is being slightly uncharitable in saying that I gave way “eventually”. I took her intervention immediately on finishing my response to her hon. Friends. My approach is to take interventions because the function of Report stage is to ensure that amendments receive proper scrutiny, and I am determined to make sure that hon. Members can have those discussions and receive reassurances where there are concerns.

On the question about settlement agreements and the protections that remain, obviously the agreements should not be used in a way that results in an employee feeling under pressure or that they have to take the agreement. If there is any bullying behaviour or suggestion of discrimination, of course there would be no protection for that conversation. The hon. Lady asks about the definition of “improper”. The consultation on that is under way, and I encourage her to make her views known to it. In general terms, our aim is to reflect, without prejudice, unambiguous impropriety, which would include cases of discrimination and bullying, where there would be no protection for the employer.

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Amendment 83 would preserve the upper limit of £5,000 but seeks to remove the cap that restricts the penalty to 50% of the award, thereby allowing the tribunal to impose a penalty of any amount between £100 and £5,000, the minimum and the maximum. Removing the 50% cap would remove some of the certainty that businesses have over potential liability if the matter goes to a hearing and, as a consequence, might affect their decision to defend a claim. This is a new measure that the previous Government did not think to try. We believe that it will have a positive impact, but we of course need to see how it works in practice. If the amount of the fine proves insufficient to encourage greater compliance, or indeed if it has a detrimental effect on businesses defending a claim, we have the power to vary the limit by secondary legislation and we will use it.

[Debbie Abrahams]

Will the Minister tell us what the evidence is for those caps?

[Jo Swinson]

As I have said, this is a new measure and these are the figures we have put in place. I do not know what figures the hon. Lady thinks should be set. It is important that there is some certainty for businesses and so, after progressing with this measure and putting it in place, we can then review it and see how it works. By ensuring that the specific amount is not set in primary legislation, we will have the ability to amend it through secondary legislation, which will give the required flexibility. Amendments 72 and 83 would undermine the objectives of the financial penalty regime and so I am unable to accept them.

The final amendment to clause 14, amendment 73, tabled by the hon. Member for Hayes and Harlington, seeks to specify the purpose for which any moneys accruing to the Exchequer from the imposition of financial penalties should be used. Hon. Members will know that the Government already fund the activities to which the amendment refers through ACAS, with an annual grant in aid allocation of about £45 million a year. As my predecessor made clear in Committee, the purpose of the financial penalty is not to raise revenue for the Exchequer. It would not be appropriate to expect ACAS to function with some element of its annual funding being dependent on what is ultimately a discretionary decision by a tribunal. The existing mechanism for funding ACAS is the right one, so I am unable to accept the amendment.

Amendment 94 seeks to address a point we covered in Committee. I understand that its aim is to prevent a disclosure relating to a breach of a private contract from being a qualifying disclosure for the purposes of a whistleblowing claim, unless it is clearly in the public interest. My predecessor, my hon. Friend the Member for North Norfolk, explained in Committee our reasons for not wanting to take that route. We believe that such an approach would have the potential for unintended consequences and would not in itself address the concerns raised by the Parkins v. Sodexho decision. For example, the issue in that case could have been reframed as a health and safety issue, with similar issues then arising in relation to the disclosures of minor breaches of health and safety legislation, which are of no interest to the wider public. Not only are we closing the loophole identified in the Parkins v. Sodexho case, but by introducing the public interest test we are removing the potential for the opportunistic use of the protection. That will prevent any cases similar to the Parkins v. Sodexho case in the areas that would otherwise be uncovered by the amendment.

Enterprise and Regulatory Reform Bill

Debbie Abrahams Excerpts

Tuesday 16th October 2012 Commons Chamber

As a consequence of repealing the general duty in section 3, we need to amend section 12, to require the EHRC to monitor and report on changes and developments in society that are consistent with its core equality and diversity and human rights functions.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

What message does the Minister think this gives when one in two young black men, compared with one in four of their white counterparts, are unemployed? How can she justify this downgrading of the EHRC in such conditions?

[Jo Swinson]

I accept the hon. Lady’s genuine concern about the issue she has raised: there is far too much of an equality gap in our society and between young white and black men. Of course, the Government are committed to tackling that. However, I question whether she really believes that section 3 of the 2006 Act will do that. The message that this sends is that this Government are committed to equality but focused on really making a difference. [Interruption.] I hear the shadow Secretary of State, the hon. Member for Streatham (Mr Umunna), murmuring various things from a sedentary position, but if he really thinks that the EHRC, which was bequeathed to us by the previous Government, was functioning well and was effective, I do not know what planet he is living on. We should consider what has been said about the organisation’s effectiveness. Its accounts were not being signed off and it was wasting money; £866,000 was spent on a website that was never launched. It was not functioning well. It is important that we focus it on its specific duties, and that is what our amendments will do.

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I turn to our third main objection to clause 52. The Bill is supposed to promote long-term growth and simplify regulation, but the clause will achieve neither aim. Leaving aside the issue of whether our fundamental rights should be sacrificed at the altar of growth, no evidence has been produced during the passage of the Bill showing that the measures on the commission will promote growth.

[Debbie Abrahams]

It was rather telling that, in response to a question from my hon. Friend the Member for Stretford and Urmston (Kate Green), the Secretary of State said that this was just legislative tidying up. It is absolutely outrageous.

[Mr Umunna]

I agree that it is absolutely outrageous. Furthermore, on the issue of simplifying regulation, let me say this to Government Members: the promotion and protection of equality and human rights is not, and should not be seen as, regulation. The unrelenting pursuit of these things helps to make this the fair and decent country that Britain is to live in. It is something that we should celebrate.

What is the Government’s defence? What is their justification for pressing ahead with including clause 52 in the Bill? In Committee, the Minister’s predecessor—she did the same today—sought to rely heavily on the comments of the commission’s general counsel in the public evidence session. I have read that evidence in full, and it is true that at the end of it he said:

“The commission is not opposed to the Bill.”––[Official Report, Enterprise and Regulatory Reform Public Bill Committee, 19 June 2012; c. 80, Q180.]

As the general counsel made clear, however, it is not for him or the commission to take a position on the Bill. It is a political matter for the Government. That said, he made some interesting comments to which, I note, the Minister did not refer. He was clear that resources were being cut. He said that

“if the commission is given fewer resources, we will have fewer staff and less money to do the work that we would want to do.”––[Official Report, Enterprise and Regulatory Reform Public Bill Committee, 19 June 2012; c. 74, Q162.]—[Interruption.]

From a sedentary position, the Under-Secretary of State for Skills, the hon. Member for West Suffolk (Matthew Hancock), says, “Who racked up the debt?” I do not think that we can put a price on human rights and equality in this country.

On the commission’s remit, the general counsel was unequivocal. He said:

“This Bill reduces our powers and our remit… We would prefer to keep the remit we have, so we have not promoted the amendments in the Bill.”

Finally, on the repeal of the general duty in section 3 of the Equality Act 2006, he said that the section

“sets out a vision for a kind of society that I guess most people here would want to live in”––[Official Report, Enterprise and Regulatory Reform Public Bill Committee, 19 June 2012; c. 79, Q176-79.]

and confirmed that the repeal of the duty “lowers the vision”.

Before moving on, it would be remiss of me not to turn to the Minister’s comments about the commission’s recent problems. Yes, the Joint Committee on Human Rights and the Public Accounts Committee have been very critical of the commission, and, yes, the National Audit Office has qualified its accounts, but none of these inquiries concluded that its remit should be changed in the way the Government are doing in the Bill. The most recent accounts were unqualified, and the running of the organisation has not been helped by the Government preventing it from recruiting a permanent chief executive and senior management team for more than two years. These recent problems are hopefully in the past and certainly do not justify the winding down of the commission.

The Minister, and the Secretary of State in his letter to me earlier this month, said that it was not the Government’s intention to water down, wind down or abolish the commission. Nevertheless, we know that many Government Members would like to see the back of it.

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[John McDonnell]

With the greatest respect, I do not think that that is the case. I know John well—he is an old friend—and I do not believe that he used that exact form of words. What the organisation said was that it was for the House to decide on the Bill. I think that what the staff and board of the EHRC are trying to do is survive, and I think that some things have been said simply so that they can survive.

[Debbie Abrahams]

The briefing from the EHRC uses very neutral language, but it nevertheless expresses blatant concern about, in particular, the removal of important functions such as the helpline, funding for voluntary organisations, and legal advice. The idea that people should have to pay to issue a challenge when they have been discriminated against is outrageous.

[John McDonnell]

I agree. I think that what John Wadham and others in the organisation have said is that they will do their best and will live with what legislation there is, but I also think that when they gave evidence to the Committee, their intention was not to support the Bill. It is for us to decide.

BME Communities (Educational Attainment)

Debbie Abrahams Excerpts

Tuesday 26th June 2012 Westminster Hall

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am grateful to have been awarded this debate on educational attainment in black and minority ethnic communities, which was triggered by a couple of things that have happened to me recently.

First, I have been holding a series of round-table meetings in my constituency to help to define my priorities and constituency strategy, and the differential attainment levels of our young people were a particular concern. For example, the proportion of young black people achieving more than five A* to C GCSEs in 2011, including English and maths, was 38.5%, compared with 47.5% for young Asian people and 69% for young white people. Although there has been significant improvement in those disparities since 2008, they remain of grave concern.

Secondly, I was horrified to hear—as I am sure many others were—the recent statistical release from the Office of National Statistics, which revealed that, nationally, 55.5% of economically active black men aged between 16 and 24 years are unemployed, and that this rate has doubled since 2008. For young black people, the unemployment rate is 44.4%; similarly, 27.6% of Asian young people are unemployed, rising from 22.8% in 2008. Breaking that down, 33.6% of Pakistani and Bangladeshi young people are unemployed, and 24.2% of Indian young people, which compares with 20% of white British young people. Those national trends are reflected in my constituency, too.

I have called the debate to examine educational attainment in BME communities, but it is important to note at the outset that although educational attainment influences employment, people with equivalent qualifications to those of different ethnicities experience different levels of employment. For example, young Indian people, who are the second highest performing group educationally, are more likely to be unemployed than their white peers. Similarly, Chinese graduates can expect to earn 25% less than their white counterparts. Thirty-six years on from the Race Relations Act 1976 and 12 years after the Race Relations (Amendment) Act 2000, that is indefensible. We cannot wait for another 30 or 40 years to ensure that we deal with such questions.

What are the specific issues in equalities and educational attainment? From the evidence, gaps in achievement can begin in the early years. For example, the Equality and Human Rights Commission triennial review states that the proportion of pupils achieving a good level of development in the early years foundation stage varies between different ethnic groups. Pupils from Irish, Indian, white British and mixed white and Asian backgrounds achieved more than the national average for a good level of development in 2009, but pupils from black, Bangladeshi and Pakistani ethnic groups did not perform so well. In all ethnic groups, girls outperformed boys significantly.

The 2008 research undertaken by the Learning and Skills Network and the National Bureau for Students with Disabilities indicated that poor experiences at primary school often began a gradual but cumulative process of disengagement, which became entrenched in secondary school and resulted in lower achievement and lower engagement in post-16 participation in education or training. I was particularly struck by the following statement from the report, on education:

“Engagement is not a simple choice for all young people. Young people can feel disengaged from learning for various reasons, and this can be mild or severe...For some young people, this is a process that they feel powerless to stop.”

At GCSE level, although national attainment by ethnicity has improved since 2006-07, and the achievement gap between some ethnic groups and the national average has disappeared, there are still some gaps. For example, 52.6% of Pakistani and 48.6% of black Caribbean heritage pupils achieve five or more A* to C grades at GCSE compared with the national level of 58%. That is a massive improvement since 2006, when the rates were 35% and 34% respectively. During the same period, Bangladeshi pupils improved from 40% to 59.7%, and black African students from 40% to 57.9%. Chinese and Indian students have performed consistently above national levels; currently, 78.5% of Chinese students and 74.4% of Indian students achieve five or more GCSEs. Travellers, Gypsies and Roma people are still the lowest achieving groups, with 17.5% of Irish Travellers and 10.8% of those from Gypsy or Roma backgrounds achieving five or more GCSEs including maths and English. Those inequalities are even more pronounced when looking at those who gain the English baccalaureate.

The data available on A-level attainment is limited to the number of A-levels, rather than subject or grade. Based on the number, the gaps in attainment are reduced or disappear, and the proportion of BME students in higher education has increased significantly from 13% in 1994-95 to 23% in 2008-09, broadly reflecting their presence in the youth population. In spite of that, however, 44% of all black, Pakistani, Bangladeshi and Indian graduates attended post-1992 universities. Shockingly, in 2009, only one black Caribbean student was admitted for study at Oxford university. So although BME participation in higher education is increasing, there are restrictions. Attainment also reflects earlier patterns, with 66.4% of white students receiving a first- or second-class honours degree compared with 48.1% of BME students overall and only 37.7% of black students. Drop-out rates were also notably higher for black British and Asian heritage students.

I want to touch briefly on training opportunities for young people, specifically apprenticeships. Data from the Black Training and Enterprise Group has shown that, again, there is under-representation of BME young people in apprenticeships: in 2009-10, only 7% of apprenticeships were taken up by young people from BME backgrounds, although the BME population represents 14% of the working population as a whole. Provisional data for 2011-12 indicates that 9.2% of those beginning apprenticeships are from BME backgrounds, although 16% of 16 to 24-year-olds are from ethnic minority groups. The data are worse for completed apprenticeships.

As policy makers advocating a fairer society, such data and the issues that they reflect should be one of the reasons why we get up in the morning—they should drive us to do more, to do better. Educational attainment is not only a key indicator for the jobs we will do and the incomes we will earn but, as the recent health inequalities review undertaken by Professor Sir Michael Marmot showed, a predictor for how long and how healthily we will live. Our education, good or bad, affects our whole lives. We must ensure that policy—education, employment, welfare and economic—strives to reduce the inequalities that still exist.

For those people less motivated by social justice arguments, it is important to note that reducing educational inequalities is associated with higher national standards of educational performance, as evidenced by Wilkinson and Pickett in “The Spirit Level” of 2009, and that enhances economic productivity, not to mention tax revenue. Furthermore, all politicians are concerned about the low turnout at elections—again, people with higher educational attainment are more likely to participate in voting.

So what causes those educational inequalities and what can be done about them? The reasons for inequalities in attainment are many and varied, often interacting with one another in a complex way. Evidence indicates, however, that key determinants are the education system, family background and poverty. Although schools of poorer quality were associated with poorer educational outcomes for all pupils, the 2007 report by the Centre for Analysis of Social Exclusion on understanding low achievement calculated that the major determinant was living in poverty. That effect is compounded for BME young people—more BME children are likely to go to poor-quality schools.

The particular school characteristics associated with quality and achievement include head teacher leadership, school processes and school ethos, but many of those characteristics are not measured. School resources are also associated with school quality, in particular when pupil-teacher ratios are included, although the extent to which extra resources can add value has been contested—for example, by Hanushek. The composition of the student body is another important factor: the poorer the socio-economic mix of students, the poorer the school quality and attainment levels. In addition, a neighbourhood effect was also identified, suggesting that although household income is a key determinant in educational attainment, it is also influenced by wider socio-economic factors. A poor-quality neighbourhood, not providing a particularly salubrious educational environment, is associated with lower educational attainment levels.

Another key determinant of educational attainment, both at school and later, in higher education, is family background. All children do better if their parents are well educated, and if education is valued. However, an evidence review published in April by the Joseph Rowntree Foundation shows that parental involvement is the most important characteristic, showing a strong causal relationship with attainment levels. Parenting style and expectations are also important, but less strongly so. The effects of both household and neighbourhood poverty on children’s educational attainment are obvious, and have been mentioned. However, analysis by Wilkinson and Pickett, comparing international data on educational achievement from the programme for international student assessment, shows that countries with high levels of income inequality also have lower scores for maths and literacy. Fairer societies do better on a range of measures, and educational attainment is one of them.

[Heidi Alexander (Lewisham East) (Lab)]

I congratulate my hon. Friend on securing the debate. I apologise for not being able to stay for all of it. She is discussing some of the factors behind differential attainment between BME and other populations. Does she agree that in finding the solutions to the problem, it is critical to involve parents, the school and the pupils? Indeed, that is what the black pupils achievement programme in Lewisham found. When all those elements can be brought together, it can make a difference.

[Debbie Abrahams]

I totally agree. We need to engage young people and parents in the solutions to the problems associated with educational inequalities.

The Joseph Rowntree review also considered the influence of individual attitudes, aspirations and behaviour, to see whether those are causal factors in determining attainment levels. At this stage, there is not enough evidence to suggest any positive association, although involvement in extra-curricular activities or sport showed a weak link. If we are to deal with those inequalities in educational attainment, what should we do?

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

My hon. Friend will be aware that for at least 10 years I have run a project—London Schools and the Black Child—looking at black children and under-achievement. Although all the social issues that my hon. Friend raised are important, one thing is clear: one problem for black children is a culture of low expectations in education. Controversial as Sir Michael Wilshaw, the chief inspector of schools, is, he showed, first at St Bonaventure’s and then at Mossbourne community academy in Hackney that, even if they come from deprived backgrounds, when black children are given high expectations, structures and limits, they can achieve.

[Debbie Abrahams]

I would not be at all surprised about what my hon. Friend says. The review examined systematic review-level evidence. My hon. Friend’s point is valid. I am sure that a greater amount of research will prove the causal link.

What should we be doing? I am proud that many of the improvements in BME attainment levels in the past six years can be attributed to the interventions of the Labour Government. The ethnic minority achievement grant was particularly effective, for example, in meeting the needs of bilingual pupils. Disadvantage because of language issues is one reason for the attainment gap in primary school, but that gap can be made up with specialist support. With the abolition of EMAG in April, there are concerns that that vital work will stop.

Aiming High was another effective programme aiming to increase participation and attainment for black pupils at key stage 4. Similarly, education action zones, targeting resources to improve attainment in inner-city areas, and curriculum development such as citizenship education contributed to positive changes in the education system, and to increased BME attainment levels. The 900,000 reduction in the number of children living in poverty achieved under Labour will also have had an impact on attainment levels.

Measures in the Education Act 2011 do not deal with disparities in attainment and could reverse the progress that has been achieved. For example, the measures on behaviour and discipline relating to detention, searching and exclusion have particular significance for Traveller, Gypsy and Roma children, who are four times more likely to be excluded, and Black Caribbean boys, who are twice as likely to be excluded. Excluded pupils are four times more likely to leave school without any qualifications. The measures have been introduced despite research conducted by the former Department for Education and Skills that acknowledged that exclusion is partly due to the conscious and unconscious prejudice of some teachers.

The expansion of academies and free schools without fully considering the potential and unintended consequences is another concern. Resourcing through the pupil premium may contribute to improvements in educational attainment if associated with increases in the teacher-pupil ratio. My right hon. Friend the Member for Tottenham (Mr Lammy) has written:

“If the premium is allocated precisely according to need, it is surprising that the area getting the largest increase in their allocation this year is Rutland (8% of children living in poverty), while the smallest increase goes to the Wirral (26% of children in poverty).”

The most recent proposal to reintroduce GCEs and a two-tiered exam system where children are streamed at 14 will only exacerbate the inequalities that already exist. Black and minority ethnic students are currently more likely to be put into lower attainment sets and, as such, would be more likely be put into CSE streams, thereby pigeon-holing their futures.

The economic and welfare policies which, according to the Institute for Fiscal Studies, are projected to increase the number of children living in poverty to 4.2 million by 2020, should alarm everyone who wants a fairer Britain. We cannot and should not let these children endure such hardships, but to compound that by failing to give them the support they need to reach their potential at school is unforgivable.

Finally, I want to make some recommendations. It is important to reintroduce the ring-fenced ethnic minority achievement grant; to develop teacher training to equip all teachers to teach a diverse range of students; to explore issues around unconscious bias; to reinstate targets for BME teacher recruitment; to increase research into the causes of differential attainment, including effective independent careers advice and guidance for young people from BME communities; to reduce the number of exclusions of black Caribbean boys, and restore powers to exclusion appeal panels; and to ensure that the curriculum is inclusive and promotes diversity, and that the call to reinstate GCEs is rejected.

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[Mr Gibb]

I take the hon. Lady’s point. I am making a general point about the issue of underperforming groups in society. The range of causes is complex, and one of them can be—it is not always—literacy among parents generally.

Particular combinations of pupil characteristics can indicate that a child is especially vulnerable. Currently, white or black Caribbean boys eligible for free school meals are among those making the slowest progress. Gypsy, Roma and Traveller children significantly underperform. Many of the lowest-achieving free school meal pupils also have a special educational need, and therefore face an even steeper struggle to succeed.

Nationally, in 2011, 58.2% of pupils gained five or more GCSEs, including English and maths, but the attainment levels of black and minority ethnic groups were lower. Some 52.6% of children of Pakistani origin obtained five or more GCSEs at grades A* to C, including in English and maths, while 54.3% of black pupils, including those of African and Caribbean background, attained the same GCSE results. The figures show that some attainment gaps have narrowed in recent years, as hon. Members have mentioned. For example, attainment levels for pupils of Pakistani origin have improved at a greater rate, narrowing the gap from 12 to six percentage points since 2006.

Narrowing the gap between those from wealthier and poorer backgrounds is key to raising attainment levels among those black and minority ethnic groups with higher than average levels of deprivation. For example, 30% of key stage 4 students of Pakistani origin were eligible for free school meals in 2011, compared with 14% of all key stage 4 pupils.

Our policy is to improve reading in primary schools through systematic synthetic phonics and the new draft primary curriculum for English, with its focus on rigour and ensuring that children become fluent readers and develop a long-lasting love of reading, as well as being taught the rules of English grammar. That is key to closing the attainment gap, as are our other programmes of study for maths and science.

The academies and free schools programmes are designed to raise standards in schools throughout the system, particularly in areas of deprivation. Similarly, the new floor standards for primary and secondary schools and the new focused Ofsted inspection framework are designed to raise academic standards in the least well-performing schools. The pupil premium will direct £600 of extra school funding to each pupil eligible for free school meals, giving schools the resources to tackle all the challenges that they undoubtedly face in overcoming disadvantage.

The hon. Member for Hackney North and Stoke Newington is right that schools must not hide behind social difficulties as a reason for poor educational attainment. That is one reason for the pupil premium. It is a challenge: “Here are the resources to deliver high attainment, so there can be no reason for not delivering.” Total funding for the premium was £625 million last year. It will be £1.25 billion this year, rising to £2.5 billion a year by 2014-15. In 2012-13, coverage of the pupil premium is being extended to include pupils who have been eligible for free school meals at any point in the last six years, extending the premium from 1.2 million pupils to about 1.7 million. The Deputy Prime Minister also recently announced an additional £10 million for the education endowment fund to support projects aimed at transition and literacy catch-up for disadvantaged pupils who did not achieve level 4 at key stage 2 in English at the end of primary school.

The hon. Members for Oldham East and Saddleworth and for Cardiff West raised the issue of the ethnic minority achievement grant. Raising the attainment of children from minority ethnic communities remains a key priority for the coalition Government, but we believe that head teachers understand the particular needs of their schools and are best placed to decide for themselves how that money should be spent. That is why, as part of our school funding settlement for 2011-12, we decided to simplify the funding system by mainstreaming some grants, including the ethnic minority achievement grant, into the dedicated schools grant. Although the EMAG will not continue as a separate ring-fenced grant, we are maintaining last year’s funding levels during 2012-13 at just over £201 million. That means that schools still have funds to support underperforming minority ethnic pupils, and to contribute to the additional costs of supporting pupils with English as an additional language.

[Debbie Abrahams]

Does the Minister accept that as schools are under severe financial pressure at the moment, the funds might not be targeted specifically at reducing the inequalities in attainment for which they were originally intended?

[Mr Gibb]

I accept that that is always a risk, but our philosophy is to trust the professionals to make the decisions, and not have decisions always taken in Whitehall that direct head teachers, who are experienced professionals, on how to spend their budgets. The funding of £201 million is in the dedicated schools grant to address such issues.

This country performs poorly in helping young people to overcome their socio-economic backgrounds. The OECD recently reported that just 24% of disadvantaged students are able to overcome their backgrounds and achieve as well as their peers academically. That is compared with 76% in Shanghai, 72% in Hong Kong and 46% in Finland, which puts the UK 39th out of 65 OECD countries in terms of what it calls the “educational resilience” of children from poorer backgrounds.

In this country, however, there are many schools where pupils of all backgrounds succeed. In Challney high school for boys and community college in Luton, for example, 29% of pupils are in receipt of free school meals, and 61% are of Pakistani origin and 11% of Bangladeshi origin. It saw 77% of its students achieve five good GCSEs, including English and maths. The national attainment figure is 58.2%. In Valentines high school in Redbridge, 19% of pupils are in receipt of free school meals, and 24% are of Pakistani origin and 10% of Bangladeshi origin. It saw 76% of its students achieve five good GCSEs, including English and maths. The question we must ask is this: if such schools are able to achieve those results and that standard of education for their pupils, why not all schools?

As the hon. Member for Hackney North and Stoke Newington pointed out, black children sometimes have a culture of low expectation. When Sir Michael Wilshaw was head at St Bonaventure’s and at Mossbourne community academy, however, he transformed the educational achievement of the youngsters with a combination of high expectations and strong limits and boundaries on behaviour. The hon. Member for Hackney South and Shoreditch cited Mossbourne community academy and its very high academic achievement. It saw 84% of pupils achieve five or more GCSEs at A* to C and nine pupils offered places at Oxbridge last year, despite high levels of deprivation in that part of Hackney and a very high proportion of pupils with English as an additional language.

The hon. Lady pointed to City academy, and the high academic achievement of pupils who had low attainment prior to coming to the school. She said that good heads and good rigour are key, and I certainly agree. She also pointed to the exemplar behaviour policy at the Petchey academy in Hackney, which brings me to school attendance and how regular attendance is key to raising academic standards.

Absence rates for some BME groups are higher than the national average. The absence rate of children of Pakistani origin is 6.7%, but the national average is 5.8%. Nationally, over 54 million school days were lost in 2010-11 due to absence. A pupil missing about nine—

Safeguarding Children

Debbie Abrahams Excerpts

Wednesday 13th June 2012 Commons Chamber

[Stephen Twigg]

I am happy to give the hon. Lady the assurance that she seeks. As she says, that proposal has full cross-party support. My colleagues in the shadow home affairs team made the call, and she has made it as well. I think it vital for us to explore all practical options to ensure that the material that is available is age-appropriate.

The “Channel 4 News” investigation produced extremely disturbing evidence that children using the Habbo Hotel website are being sexually propositioned and encouraged to engage in inappropriate activities. I understand that the programme’s considerable body of evidence has been passed to the Government, and I should welcome an update from the Minister on what further action they will be taking in response to its investigation.

Voluntary organisations have a significant role to play in the provision of information, advice and guidance. Many organisations, including Beatbullying and the National Society for the Prevention of Cruelty to Children, have played an important part and will continue to do so. There are also ways in which the media can be used to raise the profile of abuse and how it can be reported. As we know, the overwhelming majority of young people are confident about gaining access to online material, and as the hon. Member for Devizes (Claire Perry) pointed out, we need to ensure that that material is age-appropriate as well as accurate. There are obviously ways in which television resources can be used: soap story lines, for example, can be effective. I am certainly not suggesting that Ministers issue instructions regarding the plot lines of “Hollyoaks” or “EastEnders”, but there are smart and subtle ways in which we can raise awareness among young people.

Schools also have an important role to play, but I fear that the direction taken by the Secretary of State for Education is squeezing well-being out of the school environment. Ofsted is no longer required to measure well-being. The Secretary of State has described it as peripheral or even a distraction from academic education, although evidence shows that it can be an important foundation stone for academic success.

The third element is to ensure that all local authorities and decision makers are upholding the highest standards. We know there is huge variety within the system. Some places are pressing ahead with reform, while others are struggling with their caseloads and are unable, or even unwilling, to make the necessary changes. There is a widely held view that the Government’s top-down reorganisation of the NHS will mean, to quote Professor Munro, that

“child protection will get lost by people who do not directly deal with it and so do not fully understand its significance”

The Government need to clarify exactly where child safeguarding sits within the new NHS structures. The Royal College of Paediatrics and Child Health has today said that we need a detailed safeguarding accountability framework from the Department of Heath which covers all the safeguarding issues and sets out the roles and responsibilities of each of the new commissioner and provider organisations.

In local government, there has been real innovation in a number of local authorities to ensure that there is an integrated team for when children enter child protection or the care system.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Does my hon. Friend agree that multidisciplinary and multi-agency teams, such as Operation Messenger in my constituency, have a key role to play in identifying children and young people at risk from, for example, sexual exploitation? Does he also agree that although the guidance goes some way in the right direction, it does not go far enough? We must support such partnerships and ensure the practices they follow are based on evidence.

[Stephen Twigg]

My hon. Friend is right, and I hope we will have an opportunity in today’s debate and the consultation period the Government have set out to make those very important points so the guidance is stronger than the draft guidance issued yesterday.

I want to highlight some excellent practice in the London borough of Hackney, which has been well evaluated. Hackney is one of a number of London boroughs that have established MASH—multi-agency safeguarding hub—teams to bring together the key services in one place. London boroughs are leading the way in such respects. Clearly, trustworthy and supportive relationships are key to ensuring a focus on the needs of the child.

Oral Answers to Questions

Debbie Abrahams Excerpts

Monday 16th April 2012 Commons Chamber

[Michael Gove]

It is fantastic news, and I am delighted that another female representative from a Merseyside constituency is accentuating the positive, because there is a lot to celebrate in state schools on both sides of the Mersey. We are supporting an emphasis on science, technology, engineering and mathematics by paying more to high-quality graduates to teach those subjects.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T2. There is overwhelming evidence of the negative impact of poverty on children’s educational attainment and, in turn, on their life chances and ultimately how long they can expect to live. In my constituency, nearly 6,000 children are affected. With the assessment of the Institute for Fiscal Studies that child poverty is set to increase under this Government, what is the Secretary of State’s estimate of the impact on the educational attainment of those children?

[The Minister of State, Department for Education (Sarah Teather)]

That is precisely why we have introduced the pupil premium: £2.5 billion targeted at the most disadvantaged children. It is also why we are rolling out 15 hours of early education for all two-year-olds. To pick up the points the hon. Lady mentioned, we know that high-quality education will make a real difference to the life chances of those children.

Oral Answers to Questions

Debbie Abrahams Excerpts

Monday 16th January 2012 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

I certainly agree with that and add my tribute to that school. The early years of a child’s education, when they are learning to read and to become fluent in arithmetic, are key to their success in secondary education and beyond. I would like to pay our tribute to the work that that head teacher is doing. Government Members agree that the autonomy and independence of head teachers, and their ability to run their schools as they see fit, are key to raising standards. That is what all the evidence suggests internationally. That is the drive behind the academies programme.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T8. As we approach Holocaust memorial day on 27 January, how is the Secretary of State ensuring that lessons from the Holocaust and other genocides, including in Cambodia, Rwanda, Bosnia and Darfur, are taught in free schools, academies and other schools not bound by the national curriculum?

[Michael Gove]

I am grateful for the hon. Lady’s point. Let me pay tribute to my predecessor, the right hon. Member for Morley and Outwood (Ed Balls). His decision to increase funding for the Holocaust Education Trust was one of many good things that he did, and I was honoured to be able to honour a pledge I made before the election to secure its funding. The trips that it offers to schools of all kinds help to ensure that we remember, and that that indescribable evil is never repeated. Let me take this opportunity to affirm the importance of all MPs meeting Holocaust denial and relativisation head on. Any attempt to undermine the singular historic evil of that crime is utterly wrong, and we should unite in condemning it.

Economic Growth and Employment

Debbie Abrahams Excerpts

Wednesday 23rd November 2011 Commons Chamber

[Gordon Banks (Ochil and South Perthshire) (Lab)]

I will bear in mind your comments, Mr Deputy Speaker.

The problem in a debate like this is where to start. I will start with what I want to see, which is business growth. Business growth delivers job creation, which in turn delivers tax revenues and growth for individuals, the importance of which we should not underestimate at any cost. The fundamental question that we are discussing is whether Opposition and Government Members believe that the Government can be a driver for growth. I and a number of my colleagues believe that they can be.

Why is this debate so important? It is important to my constituents because people in my constituency are losing jobs, and businesses in my constituency are going bust. The industry that I have been involved in since I was 18 years of age has been decimated by the Government. In Ochil and South Perthshire, 5.6 jobseeker’s allowance claimants are going after each job. I realise that that is by no means the highest rate in the UK. The number of JSA claimants in Ochil and South Perthshire has risen by 95% since 2006. The overall number of people in employment is falling. In the last year, 93% of constituencies saw a rise in their claimant count. That has been caused by the speed and depth of the cuts, and by the private sector not being able to keep up with them, just as the Opposition said would happen.

That is why we want the Government to do more to help UK businesses. Helping business helps employment. The Government have cut capital budgets by 11%. Because their deficit reduction plan is failing, they will have to borrow more to pay for unemployment and to cover falling tax revenues. That is the backdrop that has led to this debate. The Government should listen hard to what is said by my colleagues on the Labour Benches.

As I said, I have been in the construction industry all my life. I remain involved in that business today. In the time that I have left, I will talk about what the Government can do and should be doing to help the construction industry. It is my view that the construction industry gives a measure of the economy as a whole. It is of the private sector, but it needs the public sector and the private sector to survive. If businesses want to expand, they need the construction industry to do so if they need premises, transport networks or communication infrastructure. If the construction industry is on its knees, the country is on its knees. The Government need to grasp the fact that every pound spent in the construction industry generates £2.83 in the wider economy. That point is not disputed.

The Opposition’s five-point plan would benefit the construction industry from point one through to point five. I will focus on one or two of the points in the short time that I have left. Bringing forward investment projects to get the industry working again would regenerate our infrastructure, allow future growth and give skills to individuals.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I wonder whether my hon. Friend wants to comment on the call of the International Monetary Fund for a global growth compact, which supports exactly the initiative that he is suggesting. It says that there must be infrastructure development in the west—not just this country but the whole world—to recover from this economic downturn.

[Gordon Banks]

I agree with my hon. Friend. If we do not get our infrastructure right, we will not be in the position that we want to be in when things move forward and we will be disadvantaged. I ask the Government not to look solely at big individual projects when they are trying to regenerate the economy. We need local and regional regeneration and investment in local and regional infrastructure.

Education Bill

Debbie Abrahams Excerpts

Tuesday 8th February 2011 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

This Bill fails our children and young people. In spite of what the Secretary of State claims, many of its measures are grossly unfair, and I will not support it. It is full of rhetoric promising to devolve power to families and professionals, but the reality is quite different, with many parts of the Bill actually centralising power. As we have already heard, it will make it impossible for parents to challenge decisions about admissions, as well as limiting the choice of subjects that teachers can offer their students and denying communities the opportunities that can be gained by schools working together in partnership.

From early-years provision to students aspiring to higher education, the Bill restricts educational opportunity. With one hand, it extends free entitlement for early education and child care, which I support, yet with the other it removes the need for local authorities to ensure that there is enough quality child care available in their area. The Bill proposes to allow maintained nursery schools and classes to charge for any early-years provision above the 15-hour entitlement. That, in conjunction with the early-years single funding formula that will come into force in April, will have a devastating impact on settings that currently provide free full-time places for disadvantaged children.

More than 3,500 Sure Start children’s centres were opened under Labour, offering a range of early-years, health and parental support services to more than 2.5 million children and their families. Yesterday, we heard the Minister of State, Department for Education, the hon. Member for Brent Central (Sarah Teather) edge her way round the question of whether Sure Start children’s centres would continue to remain open and to offer every child the best start in life, or whether hundreds would close, as the survey carried out by 4Children and the Daycare Trust predicts. In my constituency, Sure Start workers are already being made redundant. It is no good saying that early-years education is important, only to take away the funding so that parents cannot access it.

The damage that will be done to early-years education by cutting the grants for Sure Start is just the start; every parent worries about getting their child into the school of their choice. Yet these proposals will make it harder, not easier, for parents to choose what is right for their child, as free schools and academies squeeze money out of the funding for schools in their area. Similarly, the proposals on admissions will mean that parents will struggle to fight for what their child needs. Clause 34 removes the requirement for local authorities to establish an admission forum.

Even if a child can get into the school that the parents want, the way in which the Secretary of State is narrowing the national curriculum will make it harder for children to achieve. He claims that he wants to consult parents and teachers on what should be taught, but by limiting the English baccalaureate he seems already to have made up his mind that it should be quite restrictive. How can I say to a young person from my constituency that it is more important for them to learn Latin than to be able to use a computer, especially when 10% of our gross domestic product is generated from the online economy? That simply does not make sense.

With the axing of Building Schools for the Future and the promise that it gave to every child, including those in my constituency, of the learning environment that they need to succeed, it is most worrying that the Bill still fails to define the capital funding that will be available for free schools and academies. The so-called academy conversions are another example of co-operation and partnership working between schools being undermined by this Government, with federated schools being able to apply to become an academy without any discussion with other schools.

My final point relates to part 8 on student finance, which my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) mentioned. This is like the small print of a dodgy contract: it is almost hidden, yet it proposes to remove the cap on student loan interest rates. In effect, this will allow profit to be made out of student debt. With the trebling of tuition fees, this is another example of the Government’s unfairness, kicking away the ladders of opportunity from our most disadvantaged young people.