Children and Social Work Bill [Lords]

Gerald Howarth Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 7th March 2017 Commons Chamber

[Edward Timpson]

The education will become a statutory part of the curriculum, so schools will have to provide it. The duty and the power that we are creating will enable schools to teach the new subjects in an age-appropriate way that is commensurate with their religious faith and will best suit their pupils in the setting in which they happen to be, but what my hon. Friend has said is absolutely correct.

[Sir Gerald Howarth (Aldershot) (Con)]

Will my hon. Friend give way?

[Edward Timpson]

I will, but I shall then impose a moratorium on any further interventions.

[Sir Gerald Howarth]

Who will decide what is age-appropriate, and where is there any reference in any of these provisions to the moral dimension of this very important issue?

[Edward Timpson]

The moral aspect is already covered by British values and the teaching of citizenship, and that is in no way curtailed by these provisions. As for the question of what is age appropriate, the concept already exists in the current system. I repeat that the Bill will be underpinned by regulations and statutory guidance, which will set out in more detail exactly how it will be translated into reality. That is a strong and consistent approach, which we think will strike the right balance between enabling children to develop the resilience and skills that they need and ensuring that that is done in an age-appropriate way.

We know that many schools are already teaching these subjects, and that some are doing so very well, but we believe that it is right for us to do all we can both to provide universal coverage for all pupils and to improve quality. Given the increasing concerns about child sexual abuse and exploitation, and the increased risks associated with growing up in a digital world, there is a particularly compelling case for action in relation to pupil safety. New clause 15 places a duty on the Secretary of State to make relationships education in primary schools and relationships and sex education in secondary schools statutory by means of regulations. We believe that that is the right approach because it will allow us time to engage with a wide range of interests and expertise. The outcome of that engagement will feed into the legislative process for making these subjects statutory, as well as the guidance that will help schools to deliver high-quality, inclusive relationships education and RSE.

New clause 16 creates a regulation-making power to enable the Secretary of State to make PSHE statutory. We are aware that the most pressing safeguarding concerns relate to relationships and RSE, but it is evident that wider concerns about child safety and wellbeing relate to the life skills that the subject can cover, such as an understanding of the risks of drugs and alcohol and the need to safeguard physical and mental health. We therefore believe that it is important that we are able to make PSHE, or elements of it, statutory as well, and have the time to consider carefully the fit between the content of relationships education and RSE and what might be included in the PSHE curriculum. The work to consider content will begin this spring, and we expect that it will result in draft regulations and guidance for consultation this autumn. Following consultation, regulations will be laid in the House, alongside final draft guidance, allowing for full and considered debate, and we expect that statutory guidance will be published in early 2018, once the regulations have been passed and at least one full year before the academic year 2019-20.

We do not think it is right to specify in primary legislation the exact content of the subjects, as this would be too prescriptive and would remove freedom from schools and run the risk of the legislation quickly becoming out of date as the world changes ever more quickly. The Department’s external engagement will determine subject content, working with a wide range of experts and interested parties. We will ensure through careful review and consultation that our work results in a clear understanding about the full set of knowledge and skills that relationships education, RSE and PSHE should provide.

Our proposed legislation is also clear that subject content will be age appropriate. We expect the new subject of relationships education for primary schools to focus on themes such as friendships, different types of family relationships, bullying, and respect for other people. We see this as vitally important in laying the foundations for RSE at secondary school.

Across relationships education and RSE, we expect to cover in an age-appropriate way how to recognise and build healthy relationships, and how they affect health and wellbeing and safety online. This can include dealing with strangers, respect, bullying and peer pressure, commitment and tolerance, and appropriate boundaries. I want to emphasise again to hon. Members that our priority will be to ensure that content is always age appropriate. In RSE at secondary school, content would also include sex and sexual health, all set firmly within the context of healthy relationships. In relation to online issues, internet safety is a cross-Government agenda, so these plans are closely aligned to the internet safety Green Paper due later this year.

In addition to relationships education and RSE, we acknowledge that pupils need to access other key knowledge and skills for adult life, and those are generally covered in PSHE. For PSHE, we want to take the time to consult widely, as I said, on what the subject content could best look like, respecting what our engagement process determines as the right content for relationships education and RSE. We will be looking at what might be needed under the broad pillars of healthy bodies and lifestyles, healthy minds, economic wellbeing, and making a positive contribution to society. We would expect this to include issues such as keeping safe, puberty, drugs and alcohol education, mental health and resilience, and careers education.

Schools will, of course, continue to teach in accordance with the Equality Act 2010 and the public sector equality duty. This means that schools can consider how best to teach subject content taking into account the age and religious backgrounds of their pupils and any other relevant factors, but not whether to teach the content.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

I shall speak to my amendment (a) to new clause 15, which would give all parents a chance to withdraw their children from relationships education. As you know, Mr Speaker, there is already a right, long enshrined in our laws, for parents to withdraw children from sex education. I want to ask the Government why parents are to be allowed to continue to withdraw their children from sex education, but not from relationship education. It is an important point. The Supreme Court, in answer to the desire of the Scottish Government to impose itself between children and their families, ruled:

“The first thing that a totalitarian regime tries to do is to get to the children, to distance them from the subversive, varied influences of their families, and indoctrinate them in their rulers’ view of the world. Within limits, families must be left to bring up their children in their own way.”

Those of us who support the amendment believe that parents have the primary duty, and of course a desire, to bring up their children and educate them in their own values. The state should not impose its values on parents.

Frankly, the Government’s thinking on the matter is confused. Their policy statement says:

“We have committed to retain parents’ right to withdraw their child from sex education within RSE (other than sex education in the National Curriculum as part of science), as currently, but not from relationships education at primary. This is because parents should have the right to teach this themselves in a way which is consistent with their values.”

That document rightly justifies the right to withdrawal from sex education, but offers no justification whatever for the inconsistent and aberrant decision not to extend that right to relationships education.

[Sir Gerald Howarth]

Will my hon. Friend give way?

[Sir Edward Leigh]

I must finish. If we respect the rights of parents over sex education, why trample all over their rights when it comes to relationships education? It is understandable that some will view this as a state takeover bid for parenting.