Statutory Sex and Relationships Education

Diana Johnson Excerpts

Tuesday 31st January 2017 Westminster Hall

[Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move,

That this House has considered statutory sex and relationships education in all Government-funded schools.

I am very pleased to have secured this debate, and it is a pleasure to serve under your chairmanship, Sir Edward. As hon. Members on both sides of the House may know, this issue has been close to my heart for some time. I have been campaigning for improvements in sex and relationships education for several years. Actually, I think we should call it relationships and sex education, because I believe that the focus should be on equipping children and young people to establish healthy relationships and to build their self-esteem and self-worth.

One of the best examples that I have seen of great relationships and sex education was in a Catholic primary school, where children were learning about the body and about the clothing that people wear and why. The lesson looked at modesty and why certain parts of the body are special, private areas. It was done with parents being fully included in the lesson’s design, using the correct names for the parts of the body but in a safe and age-appropriate way. That is the type of age-appropriate, quality relationships education that I would like to see in all our schools and not just—sadly—in the few where a headteacher understands its importance and devotes time to it being taught well.

Under the last Labour Government, I had the honour of serving as Schools Minister during the passage of the Children, Schools and Families Act 2010. That happened in the final months before the 2010 general election and I regret that the Labour Government had left it so long to make important changes to sex and relationships education. By that time, it had become apparent that sex and relationships education in our schools urgently needed to be improved. The vast majority of parents—88%—told us that they agreed, and so too did the vast majority of children and young people. A wealth of educational specialists—the UN Committee on the Rights of the Child, Brook, the Sex Education Forum and the Terrence Higgins Trust—all recommended at that time that the legal requirements on SRE should be strengthened.

Under the Education Act 1996, only maintained secondary schools were required by law to teach SRE and even they could get away with providing it only in science lessons. Three quarters of young people told us then that consent was not being taught even once during those lessons. One in seven pupils could not recall receiving any SRE at all. The guidance on the teaching of the topic, dating from 2000, clearly needed to be updated.

To address that, we planned to teach students much broader lessons covering a lot more than just the narrow biology of sex and what fits where. We felt that students needed to learn about healthy relationships in the broadest context, about being kind and valuing themselves and the other person, about self-worth and building up self-esteem, and about how they talk to and negotiate with one another. We felt that the issue of consent particularly needed to be addressed, that it needed to be spelt out clearly that physical and mental threats were not acceptable in any relationship and that no one should have to do anything that makes them uncomfortable or frightened. We also believed that young people needed to understand about keeping safe, which is especially important for younger children at primary school, and as children got older and became teenagers, to learn about sexual assault, rape and sexual harassment, and to understand what that meant. Should the worst happen, they needed to know whom they should approach and what they could do.

We argued that all that should be taught under the umbrella of a broader subject: personal, social, health and economic education. The Education Act 1996 needed to be amended so that all taxpayer-funded schools, including primary schools and academies, should be required to teach it. We wanted it to be statutory to ensure that teachers would then be required to have the proper training that they needed to deliver the subject well.

We agreed that although parents would still be able to opt their children out of most of the lessons if they wished—it is certainly worth noting that, as the law stands, a parent can withdraw a child from sex education up to the age of 18, even though the age of consent is 16—we negotiated with religious faiths such as the Catholic Church, so that we would guarantee that every child got at least one year’s teaching in SRE before they turned 16.

[Mr Stewart Jackson (Peterborough) (Con)]

Does the hon. Lady concede that schools are currently obliged to follow section 78 of the Education Act 2002? That is about promoting

“the spiritual, moral, cultural, mental and physical development of pupils at the school and of society”.

[Diana Johnson]

Of course, some schools do that very well, but I want to ensure that all schools—whether academies, free schools or primary schools—provide that level of education to equip our children and young people for what life will throw at them. We need to strengthen provision. That is my issue.

[Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)]

I congratulate the hon. Lady on securing this important debate and raising these issues. In respect of the previous intervention, it is not inconsistent with anything that she has outlined in her remarks to teach all young people about sex and relationships. Whether people are having sexual intercourse in a marriage or outside marriage, they need to know about how to interact properly in a relationship, with all that that might entail. That is a valuable point; it does not contradict previous legislation.

[Diana Johnson]

I accept that. It does not contradict it; it builds on it. That is where I want things to go. All the evidence shows that when taught properly, age-appropriate sex and relationship education and PSHE work. Research by UNESCO highlights that it can, importantly, delay sexual activity and increase the likelihood of contraceptive use. It is a vital tool in the fight to address unacceptable attitudes to women, combat child abuse and tackle homophobia.

I was describing what happened in 2010, just before the general election. Unfortunately, the Conservative party, faced with all the evidence, decided that it was not willing to support the clauses to introduce PSHE into the Children, Schools and Families Act 2010, so it was passed without those vital clauses. The argument used with me at that time by Conservative MPs was that the issue was one on which families, not schools, should take the lead. At the time, it often struck me that although of course families play a huge part in equipping young people for growing up and what happens in life, they often do not feel able to talk about such sensitive issues and want professionals to help. I also thought at the time that the children and young people who are most in need of relationship and sex education are, sadly, often from families where there might be domestic abuse or poor communication. They are the very children whom we want to ensure can access good-quality PSHE and SRE.

In the seven years since, more and more MPs from both sides of the House have fought to make the Government see sense. We keep being told that it is being considered—“There’s a review. We’re having a look at it. We agree things need to be improved”—but there is no action. Over the same period of seven years, the obligations on schools have only become weaker. As more and more schools become academies and more free schools open that do not have to follow the national curriculum, the proportion of schools required to teach SRE has decreased; now only 40% of schools need to do so.

I called this debate because now, more than ever, the Government need to revisit the issue. The Children and Social Work Bill, which is about to enter Report stage in the Commons, now offers them the opportunity finally to amend the law to bring about the changes that should have been incorporated into law in 2010. I hope that the Minister will be able to tell us today that the Government will accept the amendment tabled by my hon. Friend the Member for Walthamstow (Stella Creasy).

It is an understatement to say that since 2010, the arguments for improving sex and relationships education have only become stronger. When Labour tried to change the law seven years ago, we already knew that the case for doing so was overwhelming, but none of us predicted the shocking revelations that have emerged since, making the case even more overwhelming.

I am talking about things such as the revelations after the death of Jimmy Savile and Operation Yewtree. We have learned the scale of the exploitation of children and young people that has taken place over many years. Professor Alexis Jay estimates that in Rotherham alone, 1,400 children were abused in the sixteen years to 2013. Her report highlighted that in the minds of many children and young people, SRE in their schools was taught to an extremely poor standard and left them ill-equipped to understand that they were being groomed. We simply do not know the full scale of abuse across the rest of the country. It is thought that at any one time, approximately 5,000 young people are being sexually exploited. Online exploitation is now the fastest growing area of concern.

We also know even more than we did before about the shocking views that many hold about consent in relationships and women in general. A Fawcett Society survey released on 20 January asked:

“If a woman goes out late at night wearing a short skirt, gets drunk and is then the victim of a sexual assault, is she totally or partly to blame?”

Four in 10 men and a similar proportion of women said that she was. On the same day that that survey was released, the world bore witness to the inauguration of President Donald Trump, a man who has boasted of harassing women and who stands accused of abusing numerous female contestants on the American “The Apprentice”.

Half of all female students say that they are sexually harassed every single time they go out to a nightclub, half of all women in the workplace say that they have been harassed and one quarter of the female population has experienced domestic abuse, many on more than one occasion. By the time they start secondary school, the majority of children will already have been exposed to online pornography, often of the most violent nature. Eight in 10 teenagers get most of their teaching on sex and relationships from unreliable sources outside school.

It is no wonder that since Labour first recommended changing the law in 2010, even more organisations have joined the call for a change in the law. The Select Committees on Education and on Women and Equalities have also recommended changes, as has the Association of Police and Crime Commissioners. Our education system should be at the forefront of efforts to tackle those problems. I am the first to acknowledge that it is not the whole solution, but it has a big part to play and, sadly, we simply are not doing enough. A vacuum is being left that is being filled with unacceptable messages to our young people.

[Melanie Onn (Great Grimsby) (Lab)]

I congratulate my hon. Friend on securing this debate. One particularly important issue is that having such conversations in school, with age-appropriate information delivered by trusted adults that the children know well, provides a safe space. If any of those young people are experiencing difficulties or challenges, they know that they can speak without fear or embarrassment about anything that might be wrong in their lives. They can have an open and free discussion, which is incredibly important. Does she agree?

[Diana Johnson]

My hon. Friend makes the point well, and I absolutely agree with what she says about safe space.

I am coming to the end of my speech, but I have four asks for the Education Minister. First, will the Government accept new clause 1 of the Children and Social Work Bill on Report? Does she support making age-appropriate SRE—or, even better, the more encompassing PSHE—a statutory requirement in all academies, free schools, primary schools, and new grammar schools?

Secondly, will any amendment require schools to teach more than just the biology of sex in science lessons? Will schools be required to teach a broader form of SRE that covers consent and relationships? Will she commit to Labour’s original proposals by requiring PSHE to be taught in all schools? Thirdly, will the Government update the 17-year-old guidance on the teaching of SRE to cover same-sex relationships, child abuse, the dangers of online predators and internet pornography, transsexuality and violence against women and girls? Fourthly, what will the Government do to support our professionals to teach the subject in the best possible way? Four in five teachers feel that they are not sufficiently trained to teach SRE. What measures will the Government take to ensure that our teaching workforce get the training that they need?

In last week’s Adjournment debate, the Minister highlighted that we should take a comprehensive approach to the issue and take the time to review the options to ensure that we get it right. However, I say to her with the greatest of respect that that has already happened. We spent a great deal of time and consulted widely among the relevant people to ensure that our proposals were balanced and effective. I set out clearly in my introduction what steps Labour had put in place under the Children, Schools and Families Bill.

As recent events in the United States show, we cannot assume that the most unacceptable attitudes to women and others will go away on their own. Educationalists, law enforcement experts and campaign groups all agree that the fight must start in our schools. Now, more than ever, we need to improve SRE in our schools. I hope that in the coming debates on the Children and Social Work Bill, the Government will do exactly that, good sense will prevail and young people will finally get the relationship and sex education that they deserve to equip them far better for life than the current outdated provisions.

[Mr Stewart Jackson (Peterborough) (Con)]

It is a pleasure to serve under your chairmanship, Sir Edward—for the first time, I think—and to take part in this important debate. I regret that I was unable to speak in the debate a couple of Fridays ago on the Personal, Social, Health and Economic Education (Statutory Requirement) Bill promoted by the hon. Member for Brighton, Pavilion (Caroline Lucas). It is as well to put on record that, contrary to misinformation that circulated on social media, I did not participate in a wilful attempt to filibuster that Bill. In fact, I was a victim of the filibuster, because I did not get a chance to speak on the Bill in the four and a half minutes that were left after the previous debate, which was on the rather obscure issue of homosexual activity in the merchant navy. Anyway, I am here now.

I have a great deal of respect for the hon. Member for Kingston upon Hull North (Diana Johnson), who is always very sincere in her beliefs, but I think she is wrong on this issue. The correct way to introduce these proposals would be via stand-alone, bespoke primary legislation, because this is a very significant issue. I rather regret that she brought up a whole range of other issues, including the proclivities of the newly elected President of the United States. There are major societal issues lying behind some of the very regrettable attitudes to women and girls, but I do not think that we should move outside the bailiwick of what we are here to discuss, which is PSHE in schools. The hon. Lady is asking us to disregard the professional duties and conduct of teachers, governors and headteachers—interestingly, she made no mention of parents.

[Diana Johnson]

indicated dissent.

[Mr Jackson]

Well, very little mention. I stand to be corrected in Hansard.

[Diana Johnson]

I want to make it very clear that I mentioned parents quite a lot. I certainly said at the outset that the best example that I had seen was a Catholic primary school that had fully consulted with parents and designed PSHE lessons with them.

[Mr Jackson]

I think we are on the same page, then. I ask the hon. Lady to forgive me for what I hope will be my only error in this debate.

Personal, social and health education is already a non-statutory subject on the school curriculum. Government guidance from September 2013 states that it should be taught in all schools as

“an important and necessary part of all pupils’ education… Schools should seek to use PSHE education to build, where appropriate, on the statutory content already outlined in the national curriculum, the basic school curriculum and in statutory guidance on…drug education, financial education, sex and relationship education…and the importance of physical activity and diet for a healthy lifestyle.”

I agree that so much of what we want to happen should, in theory, already be happening, but I am aware that it is not.

The hon. Lady has put a strong case, but there are questions to ask about her proposal. How does she see the provisions in new clause 1, which has been tabled to the Children and Social Work Bill, sitting with the current legislation on sex and relationships education? We frequently hear calls for compulsory sex education, as if there were not already statutory requirements for schools to teach sex education. However, as I am sure hon. Members are aware, under sections 80 and 101 of the Education Act 2002, maintained schools in England and Wales respectively have a basic curriculum, which for secondary schools includes sex education. Section 403 of the Education Act 1996 sets out the detail of the sex education that governors and headteachers are required to provide and states that they

“must have regard to the Secretary of State’s guidance”

on how it should be taught. Primary schools may teach sex education if the governors think it appropriate.

The Bill that was promoted on 20 January by the hon. Member for Brighton, Pavilion made no specific mention of the existing legislative provisions or of how her proposals would fit in with them. That lack of engagement with the current legislation meant that her Bill would have created significant confusion—and so, I believe, would proposed new clause 1 of the Children and Social Work Bill.

I am aware that there is some concern that sex education is not required in academies in the same way as in maintained schools, since academies are not required to provide a basic curriculum. They are, however, required to teach a broad and balanced curriculum within the requirements of section 78 of the Education Act 2002, to which I referred in my intervention earlier.

For a number of years we were told that SRE was needed to combat teenage pregnancy and sexually transmitted infections, but it is now argued that SRE is needed to ensure that young people can unravel the messages of pornography. People are rightly concerned that young people are getting the wrong messages on relationships—I agree with what the hon. Member for Kingston upon Hull North said about some of those messages.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

Thank you, Sir Edward, for calling me to speak. It is a pleasure to speak in this debate.

I congratulate the hon. Member for Kingston upon Hull North (Diana Johnson) on presenting her case, and doing so quite well. I will adopt a similar attitude to my colleague, the hon. Member for Peterborough (Mr Jackson). Education is an essential part of the life of a child. Education must be a priority, but we must acknowledge that in the educational life of a child priority must also be given to things that are not simply academic. A holistic education is important. There must be space for personal development and I am completely supportive of that.

In fairness to the hon. Lady, she set out her case fairly well, but I need to put on the record my concerns and those of many others. Things of a personal nature, such as matters of morality, are better left to parents than to others. That is why I stand today to stress that any change in standards of teaching must contain the ability for parents to withdraw their children from classes. As the father of three boys, I was happy that the school took the role of teaching the mechanics of the “birds and the bees”, but I was also happy—indeed, very happy—that the role of teaching morality and the ramifications of choices was left to us to determine and discuss as a family. It is important to put that on the record.

Currently, primary schools do not have to teach pupils beyond the basic biological aspects of sex education that are required by the national curriculum. Secondary schools are required to teach 14 to 16-year-olds about sexually transmitted diseases, and they should do so. All schools must have an up-to-date policy that describes the content and organisation of sex and relationship education that is taught outside of the science curriculum. This policy must be made available for parents, including information on parents’ rights to withdraw their child from lessons if they feel that is important to them. I think the hon. Lady herself said that; I believe that was what she was saying.

[Diana Johnson]

indicated assent.

[Jim Shannon]

If that is what the hon. Lady was saying, that is good news—I think we are probably on the same wavelength. To me, this is essential for any family: the right to teach their child the morality and the standards they hope their child will stick to, and the right to withdraw their child from a lesson that they feel will not complement how they teach their child. Again, that is an absolute must for me and the people I represent.

I read a very interesting article by Andrea Williams, chief executive of Christian Concern, which warned that making SRE compulsory would remove the freedom of parents to decide how and when their child is educated on this subject. She wrote:

“For many years, sex and relationship education has not provided a godly stance on sexuality or sexual relationships. Instead, it reflects our society’s increasingly liberal sexual norms.”

It is important that we make the distinction—draw the line—between those two. She continued:

“Making SRE mandatory would limit parents’ freedom to withdraw their children from these lessons if so desired and usurp their responsibility in deciding what they should and should not be taught at what age.”

That is a very important comment from a lady who is greatly respected.

I do not believe that making SRE mandatory can or should happen. As parents, the buck stops with us. We do the best we can with our children and we must be allowed to do so in moral teaching. With the spread of social media, more and more of our young people are taking and sending inappropriate photos, and that can lead to unsafe situations. This is something that parents must take on board and discuss with their children; those who do not wish to do so can allow the school to do so. The choice must be available for parents and I stand firmly by that view.

--- Later in debate ---

[Diana Johnson]

I am very grateful for all the contributions made today. I understand that this is a very sensitive issue and that people have strong views about the role of parents and what should be taught in schools, and it is a positive move that we are able to have this debate.

However, as I tried to set out in my speech, seven years down the line from when we tried to bring in this measure in 2010, we still seem to be having the same conversations about reviewing things and looking at best practice. For many of us, the time has come—we need to act now for the benefit of children and young people.

I do not think the Minister was able to say directly what is going to happen to the new clause in the name of my hon. Friend the Member for Walthamstow (Stella Creasy), which is to be considered on Report, and whether the Government are minded to accept it. That would be the most sensible course of action.

Question put and agreed to.

Resolved,

That this House has considered statutory sex and relationships education in all Government-funded schools.