Childcare Bill [ Lords ] (Third sitting)

James Berry Excerpts

Thursday 10th December 2015 Public Bill Committees

[Pat Glass]

I am not saying that we should do that, but if we say that local authorities must provide “reasonable flexibility”, that forces those who are not doing anything about that now to start to do something. Unless the Minister tells me that he is prepared to look at that flexibility in regulations, we may need to make an issue of this.

[James Berry (Kingston and Surbiton) (Con)]

Does the hon. Lady agree that councils as public authorities have a duty in law to act reasonably, so the insertion of the word “reasonable” into legislation is superfluous?

[Pat Glass]

I suggest that the hon. Gentleman looks at the Education Act 2005, which has “reasonable” in every third sentence. It is not superfluous. It makes the point that this measure is not about giving everyone what they want or what they think they need; it is about giving something that is reasonable to the taxpayer and to the parent or child.

--- Later in debate ---

[Pat Glass]

I apologise if it is carelessly worded; that was not my intention. I simply want to make clear in the Bill that it is illegal to refuse a place on the grounds of a child’s disability, in exactly the same way as it is under the Disability Discrimination Act 2005. I do not know whether there is a criminal penalty attached to that, but that is the current legislation, and that was my intention.

[James Berry]

Will the hon. Lady give way?

[Alex Cunningham]

Will the hon. Lady give way?

[Pat Glass]

Before I give way, can I make it clear that we do not want to put anyone in prison? As I said to the Minister, if the amendment is carelessly worded, I am happy to change it. The current situation cannot continue and I simply want to change it, however that may be possible, so that it is line with Disability Discrimination Act.

[James Berry]

The examples the hon. Lady gave are horrific. However, if the measure is already on the statute book, should she not call for proper implementation of the legislation we already have, rather than duplicating it?

[Pat Glass]

That is exactly what I want to do. I have a Bill in front of me, and I want in some way to ensure that the current position—that what I have described is illegal—is used to improve the situation for the parents of disabled children, however we do that.