Children and Families Bill

Elizabeth Truss Excerpts

Tuesday 11th June 2013 Commons Chamber

[Mr Timpson]

I strongly share my hon. Friend’s view. I want to make progress on that, both in my Department and across Government. The commitment I gave him earlier will continue as the Bill moves on and other work is done by the Ministry of Justice on the consultation it has carried out, because it is important that we make as much progress on that as possible at an important stage of development in many of our institutions and within the secure estate.

Clause 69 also plays an important technical function by disapplying duties with the SEN clauses that it would be impractical to deliver while a young offender is in custody. For those reasons, I do not agree that we can simply remove the clause ahead of the significant reforms to education in custody that the Ministry of Justice is considering and the resulting changes that might need to be made to existing legislation. However, I have sought to reassure my hon. Friend the Member for South Swindon and hope that provides him with some confidence as we move forward.

Turning to amendments 71 and 72, tabled by the hon. Member for Washington and Sunderland West, we are continuing to strengthen our understanding of young people’s post-16 educational outcomes. The Department for Education will be publishing destination data on students with SEN at key stage 4 before the summer break, and later in the year for those at key stage 5. The Department for Business, Innovation and Skills already publishes data on participation and attainment in further education by students with SEN aged 19 and over, and that will continue. I do not think that it is necessary to place additional reporting requirements on the further education sector when those data are already being made public. However, as I have said previously, I am sure that she will continue to press that point as the Bill moves on to the other place.

On amendments 73 to 75, we will ensure that any code of practice laid before Parliament has been subject to proper consultation and that Parliament is given the opportunity to scrutinise new or updated versions. Clause 67(2) already ensures that the Secretary of State carries out sensible and proper consultation on the code of practice. We intend to publish a draft code of practice on the Department’s website for public consultation in the autumn of this year and to give ample time for comment, over and above the draft that we provided for the purposes of Committee. If we did not consult appropriately, there would be every reason for this House or the other place to resolve not to approve the code.

The Education Committee considered the careful balance between proper consultation and parliamentary scrutiny and keeping the SEN code of practice up to date during pre-legislative scrutiny. The Bill delivers on their recommendation that the draft should be subject to consultation and approved by Parliament using the negative resolution procedure. This brings the code into line with other statutory codes, such as the school admissions code, and enables an appropriate level of parliamentary scrutiny.

This debate has continued the good faith that has been a hallmark of the progress of this part of the Bill. Given what I have said, I hope that hon. Members will feel sufficiently assured not to press their amendments.

Question put and agreed to.

New clause 9 accordingly read a Second time, and added to the Bill.

New Clause 10

Childcare costs scheme: preparatory expenditure

‘The Commissioners for Her Majesty’s Revenue and Customs may incur expenditure in preparing for the introduction of a scheme for providing assistance in respect of the costs of childcare.’.—(Elizabeth Truss.)

Brought up, and read the First time.

[The Parliamentary Under-Secretary of State for Education (Elizabeth Truss)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss new clause 6—Staff to child ratios: Ofsted-registered childminder settings—

‘(1) This section applies to Ofsted-registered childminder settings.

(2) The ratio of staff to children under the age of eight must be no less than one to six, where—

(a) a maximum of three children may be young children;

(b) a maximum of one child is under the age of one.

(3) Any care provided by childminders for older children must not adversely affect the care of children receiving early years provision.

(4) If a childminder can demonstrate to parents, carers and inspectors, that the individual needs of all the children are being met, then in addition to the ratio set out in subsection (2), they may also care for—

(a) babies who are siblings of the children referred to in subsection (2), or

(b) their own baby.

(5) If children aged between four and five years only attend the childminding setting outside of normal school hours or the normal school term time, they may be cared for at the same time as three other young children, provided that at no time the ratio of staff to children under the age of eight exceeds one to six.

(6) If a childminder employs an assistant or works with another childminder, each childminder or assistant may care for the number of children permitted by the ratios specified in subsections (2), (4), and (5).

(7) Children may only be left in the sole care of a childminder’s assistant for two hours in a single day.

(8) Childminders must obtain the permission of a child’s parents or carers before that child can be left in the sole care of a childminder’s assistant.

(9) The ratios in subsections (2), (4) and (5) apply to childminders providing overnight care, provided that the children are continuously monitored, which may be through the use of electronic equipment.

(10) For the purposes of this section a child is—

(a) a “young child” up until 1 September following his or her fifth birthday.

(b) an “older child” after the 1 September following his or her fifth birthday.’.

New clause 7—Staff to child ratios: Ofsted-registered non-domestic childcare settings—

‘(1) This section applies to Ofsted-registered, non-domestic childcare settings.

(2) For children aged under two—

(a) the ratio of staff to children must be no less than one to three;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and must be suitably experienced in working with children under two;

(c) at least half of all other members of staff must hold a full and relevant level 2 qualification;

(d) at least half of all members of staff must have received training in care for babies; and

(e) where there is a dedicated area solely for children under two years old, the member of staff in charge of that area must, in the judgement of their employer, have suitable experience of working with children under two years old.

(3) For children between the ages of two and three—

(a) the ratio of staff to children must be no less than one to four;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and

(c) at least half of all other members of staff must hold a full and relevant level 2 qualification;

(4) Where there is registered early years provision, which operates between 8 am and 4 pm, and a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification is working directly with the children, for children aged three and over—

(a) the ratio of staff to children must be no less than one to 13; and

(b) at least one member of staff must hold a full and relevant level 3 qualification.

(5) Where there is registered early years provision, which operates outside the hours of 8 am and 4 pm, and between the hours of 8 am and 4 pm, where a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification is not working directly with the children, for children aged three and over—

(a) the ratio of staff to children must be no less than one to eight;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and

(c) at least half of all other staff must hold a full and relevant level 2 qualification;

(6) In independent schools where—

(a) a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification;

(b) an instructor; or

(c) a suitably qualified overseas-trained teacher is working directly with the children, for children aged three and over—

(i) for classes where the majority of children will reach the age of five or older within the school year, the ratio of staff to children must be no less than one to 30;

(ii) for all other classes the ratio of staff to children must be no less than one to 13; and

(iii) at least one other member of staff must hold a full and relevant level 3 qualification.

(7) In independent schools where there is—

(a) no member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification;

(b) no instructor; or

(c) no suitably qualified overseas-trained teacher working directly with the children, for children aged three and over—

(i) the ratio of staff to children must be no less than one to eight;

(ii) at least one other member of staff must hold a full and relevant level 3 qualification, and

(iii) at least one other member of staff must hold a full and relevant level 2 qualification.

(8) In maintained nursery schools and nursery classes in maintained schools (except reception classes)—

(a) the ratio of staff to children must be no less than one to 13;

(b) at least one member of staff must be a school teacher as defined by subsection 122(3) [Power to prescribe pay and conditions] of the Education Act 2002 and Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003; and

(c) at least one other member of staff must hold a full and relevant level 3 qualification.

(9) The Secretary of State may make provision in statutory guidance to—

(a) define qualifications as “full and relevant”; and

(b) define “suitable experience” for those working with children under two.

(10) If HM Chief Inspector of Education is concerned about the quality of provision or the safety and well-being of children in a setting he may impose different ratios.’.

Amendment 76, in clause 73, page 50, line 16, at beginning insert

‘If, after a consultation period of not less than three months, and the publication of a response to the consultation, the Secretary of State is satisfied with the provisions, he may make an order so that’.

Amendment 77, in page 50, line 29, leave out clause 75.

Government amendment 28.

[Elizabeth Truss]

I wish to speak to new clause 10, which introduces paving legislation to allow Her Majesty’s Revenue and Customs to begin to set up tax-free child care, and amendment 28, which is a minor and technical amendment relating to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

First, I will comment on new clauses 6 and 7. As the House knows, we have proposals, on which we have consulted, for providers with highly qualified staff to be able to operate more flexible staff-to-child ratios, in line with best practice in leading European countries such as France, Holland and Germany. I highlight the fact that these proposals would be entirely optional for nurseries and are about empowering the front line.

The proposals received support from, among others, Sir Martin Narey, formerly of Barnado’s, and Sir Michael Wilshaw of Ofsted. I firmly believe that these flexibilities would allow nurseries to offer more choice of high-quality child care places to parents, invest additional revenue in attracting the best staff, and reduce costs for parents. However, as I made clear on the media this morning, it has not been possible to reach cross-Government agreement, so we are not proceeding with this reform.

That will not stop me working to make affordable, quality child care available to all. I am absolutely committed to this goal.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Will the hon. Lady give way?

[Elizabeth Truss]

This is a matter of pressing need, and we are taking forward the following proposals: introducing early-years educator and early-years teacher qualifications; introducing tax-free child care; ensuring that more money for child care goes to the front line; increasing the supply of childminders through the establishment of childminder agencies; and making it easier for schools to take two-year-olds in their nurseries.

[Mr Sheerman]

Will the hon. Lady give way?

[Elizabeth Truss]

The current childcare system is not working for parents. The real cost of child care has risen by 77% in real terms since 2003. Families in England pay some of the highest costs in the world; some spend 27% of net family income on child care. In comparison, parents in France spend just 11% of their income on child care.

[Mr Sheerman]

Will the hon. Lady give way on that point?

[Elizabeth Truss]

I give way to the hon. Gentleman.

[Mr Sheerman]

I hope that the hon. Lady does not think I am trying to be disruptive. I was enjoying what she said, but I want to get to the heart of it. She said that the Government are not proceeding with the other proposals, which should of course have due consideration. At the moment, child care in this country is too expensive, and very many women find it a great burden to be able to afford it as compared with those in other countries, especially in Europe. Will the proposals that she is left with do something about that?

[Elizabeth Truss]

I completely agree that we have very high child care costs and I will do everything I can, where we can secure cross-Government agreement, to address that. I want to outline some of our proposals.

[Mr Graham Stuart]

I think there is merit in the work my hon. Friend has done and I pay tribute to her for the effort and energy she has put into it. I am disappointed that it has been brought to a halt. Will she confirm that the Deputy Prime Minister agreed to the proposals initially, only to renege on that agreement later?

[Elizabeth Truss]

I thank my hon. Friend for his point. It is true that the reason we are not proceeding with the proposals is that we have failed to secure cross-Government agreement.

As I have said, the current child care system is not working for parents and the costs are very high.

[Mr Stuart]

May I confirm my understanding that the Deputy Prime Minister signed up to this but later, for political or other reasons—who knows?—withdrew his support? That is shameful and it could lead to less flexibility in a child care system that lacks quality and is too expensive.

--- Later in debate ---

[Elizabeth Truss]

I thank my hon. Friend for his point. Other countries in Europe have flexibility and lower costs for child care. We are seeking to replicate some of their other reforms, and that is what I want to address.

One of the issues is that the UK has some of the lowest staff salaries in Europe. Child care workers here earn £6.60 an hour on average, which is barely above the minimum wage. Annual earnings are £13,000, which is well below the averages of £16,000 in France, £20,000 in Denmark and £22,000 in Sweden. We must reform the supply and funding of child care. If we do not, it will remain expensive and parents will struggle to combine work and family or find themselves cobbling together care, which is difficult and inconvenient. I know of some families where parents work alternating shifts to cover their care responsibilities. I want those families to have good alternatives.

Dual-income families are now the norm across the developed world because of our changing society and economy. In Britain, two thirds of mothers go out to work and many fathers also seek to combine family and work life. If we want parents to have good choices, we have to get better value for money for the £5 billion that the Government spend. International comparisons show that we spend the same proportion of GDP on public support for child care and early years as France and more than Germany, yet, as I have said, parents here pay double the cost that parents pay in countries such as France and Germany, and I do not think that that is right.

[Mr Sheerman]

I would be the last person to volunteer to defend the leader of the Liberal Democrats, but perhaps he was not sure about the overall, holistic analysis of what is going wrong. We pay more, it costs more and early-years carers are paid rubbish salaries, while many settings do not have a graduate in employment, which always lifts the quality. What is the reason for that? There must be one. What do the advisers and researchers suggest?

[Elizabeth Truss]

There are, of course, various reasons, many of which relate to the history of how child care systems have developed in different countries. France, for example, has a long tradition of the école maternelle, which involves structured, teacher-led learning from an early age. That has been shown to improve outcomes for children, particularly those from the lowest income backgrounds. Our reforms seek to make sure that high quality, highly qualified professionals go into early years, and to try to adjust the differential between early years and primary school salaries. I will come on to that later.

Parents need to know that they can access high-quality care. The research is clear: high-quality early learning experiences boost children’s attainment throughout their education. There are many excellent nurseries that provide stimulating, structured learning opportunities for young children, which help them to prepare for school. However, there is much more to do.

Anyone who works with children needs a wide range of qualities, not all of which can be quantified by degrees or diplomas. However, that does not undermine the case for greater skills and better qualifications. In future, there will be two qualified roles: early years educator and early years teacher. Graduate leaders are already having a positive impact. Almost 12,000 early years professionals are trained to deliver high-quality early education and care for pre-school children. Building on that legacy, early years teachers will be specialists in early childhood development who are trained to work with babies and young children. We want to see more crossover between teachers in primary and early years so that there is a continuum of education, rather than two separate silos.

The training programme for early years teachers begins this September. Trainees will have to meet the same requirements as primary school trainee teachers. They must have a degree and will need to pass the English and maths tests. The National College for Teaching and Leadership has consulted on the new teacher standards for early years, which will be published in July.

We are extending the reach of Teach First, which has been successful in bringing talented new people into schools. From this September, it will include teaching three and four-year-olds for the first time. Teach First attracts some of the most talented and ambitious graduates in the country, many of whom might not otherwise have considered working with young children. They can make a big contribution, especially in areas of disadvantage.

We also want to raise the standards of practitioners who do not have degrees. Early years educators will be qualified at level 3. Early education qualifications have been far too diffuse and lacking in rigour, and there are hundreds of existing and historical early years qualifications. We are addressing that failure. The National College for Teaching and Leadership has consulted on new criteria for level 3 qualifications and will publish them shortly. Using those criteria, awarding organisations will develop high-quality qualifications to be introduced in September 2014. The minimum entry standard for the qualifications will be grade C at GCSE in English and maths.

Apprenticeships will offer a high-quality route to becoming an early years educator. They will last 20 months on average and combine employment with study towards recognised qualifications through various routes, including further education colleges.

[Andrea Leadsom (South Northamptonshire) (Con)]

Will the new qualifications, particularly those for early years educators, include training in early infant brain development and the crucial importance for childhood development of a secure early bond?

[Elizabeth Truss]

I thank my hon. Friend for that contribution. The new qualifications will include the study of early brain development and attachment theory to ensure that early years educators and teachers are up to date with the latest research and practice when they go into the profession fully.

We have just announced a £2 million apprenticeship bursary scheme for apprentice early years educators. Up to 1,000 bursary places will be available to people who aspire to a career in early education. Each bursary will be worth £1,500 and an additional £300 will be available for further training. I am encouraged by the view of David Pomfret, the principal of the college of West Anglia, that the bursaries will make it easier for people to begin a career in early education. The college has seen more people taking up such courses in recent years and we want to encourage more young people into this important profession.

In addition to improving the supply of early years educators and teachers into child care, we are reforming child care funding. The tax-free child care scheme will provide 2.5 million families with financial support towards their formal child care costs. That is an expansion on the current system and, in the majority of cases, will provide a more generous amount.

Unfortunately, under the current employer-supported child care voucher scheme, which was introduced by the previous Government, the question of who receives support is arbitrary. It is also highly inefficient, with 33% of the total amount being spent on overheads. At present, only 5% of employers offer employer-supported child care, and only a fifth of employees are eligible for it. Those who are self-employed do not have access to it, and whether a parent can or cannot get it is a lottery. Strangely, as more than one parent can claim employer-supported child care, in some cases there are two claimants for one child. That means that the costs for one child could be covered more than for a single parent with several children, and that is neither a sensible nor fair way to continue.

Our new tax-free child care scheme will resolve those anomalies. It will be available to any working family, except where one or both earners pay the additional rate of income tax. It will be on a per-child basis and include the self-employed and those on the national minimum wage. Tax-free child care means that around 2.5 million families will now have access to support. That support will be worth the same as the basic rate of income tax at 20% of costs, making child care costs effectively tax free. It will mean that the average family with two children will receive up to £2,400 each year. Those on lower incomes will continue to have 70% of their child care costs paid through tax credits and, in future, universal credit, and there will be an additional £200 million to help those in receipt of universal credit ensure that work always pays.

We are not introducing the tax-free child care scheme now. The Government have been in discussions with interested parties since the announcement of the scheme, and will launch a formal consultation document shortly. The consultation will last 12 weeks, and the Government will proactively engage with those affected by the changes to discuss the issues. New clause 10 has been tabled to enable HMRC to start developing the scheme. Although we will consult in full on its details, the basic tenets have been set out. To ensure that the scheme is in operation by the autumn 2015 target, work on its foundations must commence now.

[Craig Whittaker (Calder Valley) (Con)]

I thank my hon. Friend for providing information on the tax-free child care system. Will that replace all forms of child care currently in the market? I am thinking particularly of employee benefits for those who receive child care as a benefit through the taxation of companies.

[Elizabeth Truss]

I thank my hon. Friend for his question and HMRC will consider that issue in its new consultation on this subject.

Much of the work required is based on IT development because we want all parents to be able to access the service online. As with paving legislation before it, the new clause will enable officials to start high-level discussions on IT and other development, and such discussions could not take place without the new clause. The provision will not affect HMRC’s current operations or impede the development or scrutiny of the tax-free child care scheme, and there is no immediate cost of the scheme that must be funded.

This is a short and self-explanatory new clause that merely allows the Government to begin preliminary work ahead of the final design of the tax-free child care scheme. The Bill is similar to those used by previous Governments, and takes no greater powers than in those cases. Furthermore, the Government are clear that any changes required in primary legislation will receive appropriate scrutiny. The new clause is minor and technical in nature, and I look for support across the House to enable HMRC to start working on one of the Government’s priorities.

In addition to reforming child care funding we must also increase the supply of quality child care. The number of childminders has almost halved over the past 15 years, limiting parental choice in a flexible affordable form of child care. Many parents want home-based care, especially in a child’s youngest years—I know my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) is a great advocate of that. The Bill enables the introduction of childminder agencies, which I believe will help to increase the number of childminders in the market by removing barriers to entry and offering an alternative to working completely independently. Agencies will drive up quality—they will be required to support the training and development of childminders—and make it easier for parents to access childminders and be assured of high-quality and flexible provision.

[Andrea Leadsom]

Will children’s centres be encouraged to become childminder agencies? That would link two of the most critical structures available to support parents. Childminders often believe they do not have access to training or to the camaraderie of others in their field, so that could be a perfect combination.

[Elizabeth Truss]

I agree with my hon. Friend and will mention the types of organisations that could be involved in childminder agencies in due course.

--- Later in debate ---

[Mrs Hodgson]

Yes, the French system is of a lower quality. That comes out in the OECD ratings of its nurseries, which are lower than those of the British system. When people meet French nursery providers, they are often asked about our system. French nursery providers look to emulate our model and cannot understand why we look to emulate their systems. [Interruption.] That is what we are told, but again, I am more than happy to hear evidence to the contrary.

Within 24 hours of the Deputy Prime Minister saying that the policy was dead in the water, both the Leader of the House and the Prime Minister’s spokesperson denied that a decision had been taken. The Department for Education said absolutely nothing for six days. We had to wait six days for a Minister to come to the House and make a formal announcement confirming that the plans are indeed dead in the water. We were grateful to hear that at long last, even though we will not have time to discuss it in detail this afternoon.

Even though the Minister has said today that the plans have been shelved, I do not have confidence that we have seen the last of them. After all, the Government are struggling to meet their target to provide free child care for the 20% most disadvantaged two-year-olds. With just three months before the policy is due to be introduced, a freedom of information survey that I have conducted shows that only 60% of councils have the capacity to provide the places, probably for some of the reasons cited a moment ago by my hon. Friend the Member for Plymouth, Moor View (Alison Seabeck), who is no longer in her place. The temptation for the Government just to click their fingers and increase the number of two-year-olds that each worker can care for must be great. We should be clear: all they would have to do is change statutory guidance, meaning that Parliament would have no say.

In proposing the new clauses in this group, the Opposition are giving this House a say. We have an opportunity to nip any such future reforms in the bud. We have an opportunity to send the strongest possible message to Ministers that this House has listened to the tens of thousands of parents and professionals who have been campaigning against these changes, not to mention the Department’s own experts, and to say that we will not risk the safety of children in child care settings or the quality of the early learning and development they receive by allowing any such plans to go through unchallenged.

[Elizabeth Truss]

Does that mean that the hon. Lady thinks it was wrong for the previous Government to increase ratios for three and four-year-olds in 2008?

[Mrs Hodgson]

I was not in the Department or in position in 2008, but if we raised ratios, I am sure it was done after full consultation and with the support and backing of child care professionals, which is the exact opposite to now. That is the key difference, and I am sure that people out there listening to this debate will know whether that is true and whether that case is a fair comparison.

I sincerely hope that today the Deputy Prime Minister will put his MPs where his mouth is and lead his Liberal Democrat Members into the Aye Lobby with Labour when we seek the opinion of the House on these new clauses shortly, to ensure that in future no Secretary of State can force through, against the will of the House, changes such as those that the Minister has now dropped.

Amendment 76 would require the Government to take the novel step of consulting on the formation of childminder agencies before they legislate to create them. I hope that Ministers will learn the lessons from the furore over ratios. I should say from the outset that I do not have a dogmatic objection to childminder agencies, particularly if they are voluntary. What the Government say they want to achieve through such agencies is all very sensible: greater co-operation and peer support for childminders, as well as access to training and help with gaining bursaries. Childminder agencies will also be a single point of contact for parents who might need a mix of child care solutions. These are all good things that make for a vibrant childminder sector, and are all things that local authority childminder networks and family information services should be providing at the moment. That some of them are not is perhaps down to the devastating cuts to the grant that local authorities previously received from the Department for Education to pay for them.

Since the publication of this Bill, the Department has been consulting on removing many of those duties from local authorities—such as providing training and quality improvement support—and this on top of the attempt in clause 75 to remove the duty to publish child care sufficiency reports, which our amendment 77 would block. All this seems to be a clear sign that the Government want local authorities almost completely removed from the child care equation and that agencies are therefore the preferred configuration for childminders.

Given that the Minister has said that there will be no direct funding from the Government for agencies to provide those services, the implication is that there will be a cost to the childminder. That cost will in turn have to be passed on to the parents, because most childminders do not earn the sort of money that would allow them to soak up the kind of membership fee or commission that we might expect an agency to demand. The most recent childcare costs survey from the Daycare Trust found that childminder fees were already increasing by an average of more than 5%, year on year.

Of course, as all the parent surveys tell us, cost is a secondary issue to quality, and it is the end of individual inspections by Ofsted that is the most worrying reform. Parents really value the fact that their childminder has proved their effectiveness to Ofsted. A National Childminding Association survey last year found that 80% of parents thought that individual inspections were important, and that 75% might not choose a childminder without the reassurance of an individual inspection. Childminders value the inspections too: 80% felt that moving to an agency model of inspection would have a detrimental effect on their professionalism, and they are obviously concerned that this would put parents off using them as well.

Of course we want more childminders to set up—as I said earlier, we have seen the number drop by more than 1,500 since the election—but we should not be trying to achieve that by passing legislation that has the potential fundamentally to change the market, without first consulting on it and establishing consensus. I would therefore welcome assurances from the Minister that the Government will set up such a consultation before the Bill completes its passage through the other place.

--- Later in debate ---

[Meg Hillier]

That is my worry. What exactly is an “agency”? We hear one description from bits of government and other descriptions from some of the organisations outside, including Ofsted. If the Minister is saying, as she has indicated, that some part of this move is about sharing professional experience and providing support to professional colleagues, I can tell her that my childminder network in Hackney does that very effectively in any case, so does it count as an agency? I have suggested that it thinks about setting one up. If it was to work in collaboration with the local authority or with the local Sure Start centres in smaller areas, would it then count as an agency? In the attempts to trial some of the elements, is the Minister being prescriptive or is she allowing 1,000 flowers to bloom? If it is the latter, what is to prevent the bad, rapacious private agencies from coming in, taking over, dominating in an area and becoming a local monopoly? There is a real concern about that. Will childminders have to join? The position on that is unclear, so perhaps she will give us some information on it. There is some benefit to professional experience sharing and professional support, but not at the costs that I have outlined. Will the Minister tell the House the timetable for the regulations, which she said would be coming very soon?

I will leave my comments there, but this is an important issue. My constituency is one of the youngest in the country; over a fifth of residents are under 16. I think I speak with some authority on their behalf. For them, the Bill, and these changes, make a very big difference.

[Elizabeth Truss]

We have had a wide-ranging debate on the various child care issues, but one point that I think we can all agree on is that there is an urgent need for high-quality, affordable child care in this country. At the moment, many working families are struggling to afford their child care, and I can assure the House that the Government are fully committed to improving the situation. Tax-free child care, which is the key policy that we have been promoting in the Bill, will contribute to that.

I would particularly like to thank the hon. Member for North Cornwall (Dan Rogerson) for his very constructive comments, particularly on the point about our tax-free child care scheme. I want to reassure the hon. Member for Hackney South and Shoreditch (Meg Hillier) that “tax-free” refers to the 20% that parents will benefit by. The critical point is that it is open to many more families.

I understand the hon. Members want to move on to the next debate so, without further ado, I shall finish.

Question put and agreed to.

New clause 10 accordingly read a Second time, and added to the Bill.

New Clause 3

Regulation of child performance

‘(1) In section 37 of the Children and Young Persons Act 1963 (Restriction on persons under 16 taking part in public performances, etc.) the words “under the compulsory school leaving age” shall be inserted after the word “child” in subsection (1).

(2) After subsection (2) there shall be inserted—

“(2A) In this section, “Performance” means the planned participation by a child aged under the compulsory school leaving age in a public entertainment production, unless that participation—

(a) involves risks that are no greater than the risks faced by that child in the ordinary course of his life and does not require the child to be absent from school or requires an absence from school of not more than four days in a six month period and such absence is authorised by the school;

(b) involves the child doing that which he would do in any event in the ordinary course of his life; or

(c) involves the creation of audio-visual content where there is an overriding public interest in the child’s participation.”.

(3) Subsection (3)(a) of that section shall be repealed.

(4) After subsection (5) of that section there shall be inserted—

“(5A) Regulations under this section shall provide for the local authority to give reasons for any refusal of a licence under this section and shall specify any mitigating action which would be required to allow a licence to be issued.

(5B) A refusal of a local authority to grant a licence may be reversed on appeal.”.

(5) Subsection (6) of that section shall be repealed.

(6) After subsection (7) the following shall be inserted—

“(7A) A licence granted by a local authority shall be transferrable to another local authority if the child moves residence from one local authority area to another.”.

(7) Section 38 of the Act (Restriction on licences for performances by children under 14) shall be repealed.

(8) After section 39 of the Act, there shall be inserted—

“39A Presumption that a licence should be issued

(1) There shall be a presumption that a licence shall be issued unless there is identifiable potential harm that cannot be mitigated by any other action.

(2) For the purposes of this section—

(a) “identifiable potential harm” shall be any outcome that acts adversely against the wellbeing of the child;

(b) “mitigated” shall mean such reasonable action that secures the safety of the child from the impact on their wellbeing; and

(c) “wellbeing” includes the physical, mental and emotional condition and interests of the child.

39B Guidance

‘(1) The Secretary of State shall issue guidance to local authorities on the criteria for issuing licences and the conditions which shall apply to them; and this guidance may make different provision for children falling within different age bands applicable to their development age.

(2) Guidance shall include a requirement for the local authority’s decision to be based on an assessment of the risks involved in the child’s participation in the performance.

(3) Guidance shall include the safeguarding arrangements which shall be made in regard to participation in sporting activities; and in drawing up this guidance the Secretary of State shall consult sports governing bodies.

(4) Guidance shall require the local authority, in considering the terms on which a licence is issued, to have regard to the number of days actually worked spread across a particular period.

(5) Guidance shall require local authorities to provide for on-line applications for licences, to deal with all licences in time if submitted at least 10 days before they are to come into effect, or five days in respect of a repeated application.

(6) Guidance shall provide for local authorities to inspect sites where children taking part in performances are to be accommodated, if they will be residing alongside unconnected adults.

(7) Guidance shall provide for local authorities to disregard absence in connection with licensed performances in school records for authorised absences.

(8) Guidance shall provide that local authorities shall require that matrons or chaperones shall operate under standards accepted by the appropriate advisory bodies.

(9) Guidance shall also include the circumstances in which it is appropriate to authorise a body of persons to organise a performance for which licences will not be required by virtue of section 37(3)(b) of this Act, including where the performers are of 13 years or upwards or if the body is an amateur body and has a nominated child protection person who has received appropriate training and is independent of the chaperone.

(10) Guidance under this section shall be laid before Parliament and shall be subject to annulment in pursuance of a resolution of either House of Parliament as if it were contained in a statutory instrument subject to such annulment.”.

(9) Clause 42 of the Act (Licences for children and young persons performing abroad) shall be amended by inserting after subsection (1)—

“(1A) Licences under section 25 of the principal Act in relation to performances as defined under this Act shall be issued by local authorities rather than as specified in the principal Act.”.

(10) In subsection (2) of that section the words after the word “granted” shall be replaced by the words “regardless of the age of the child”.

(11) In the Children (Performances) Regulations 1968 (SI 1968/1728)—

(a) In Regulation 8 (Medical examinations) in paragraph (2), the words “performance taking place within a period of six months from the date of the said medical examination” shall be replaced by the words “later performance”.

(b) At the end of Regulation 10 (Education) there shall be inserted—

“(6) The child’s parents or guardians must inform the child’s school of any days on which the child will be absent by reason of taking part in performances.”.

(c) In Regulation 12(3) (maximum number of other children a matron shall have charge of), “eleven” shall be replaced by “nine”.

(d) At the end of Regulation 12 (Matrons) there shall be inserted—

“(7) A matron in respect of a performance organised by an amateur body who is unpaid shall not require local authority approval provided that he or she is CRB-checked and is independent of the nominated child protection person.”.

(e) Regulation 17 (Further medical examinations) shall cease to have effect.’.—(Tim Loughton.)

Brought up, and read the First time.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move, That the clause be read a Second time.