NDAs: Universities

Jim Shannon Excerpts

Wednesday 29th June 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for securing this debate on something that is often discussed and seen in the papers. It is something that, unfortunately, happens in universities right across this great United Kingdom of Great Britain and Northern Ireland. Does she agree that universities have been aware of the problem and the potential for mischief with non-disclosure agreements for some time now, and yet the necessary safeguarding has not been put in place? Now is the time for the Minister to take the steps that universities have thus far refused to put in place to protect staff and students alike.

[Layla Moran]

I could not agree more. There are now movements in place—I will come to those in a moment—but they are far too slow, and by the time that they come into force all the young women who are affected have moved on.

Gagging clauses have significant emotional and psychological effects on the survivor. Young women who have just suffered a traumatic ordeal are then presented with what looks like a sophisticated legal contract, written by their superiors who control the fate of their degrees. The fact that these contracts are not legally enforceable does not really matter. How on earth can a vulnerable university student know that? I am not sure I would either.

The imbalance of power between the institution and the victim is huge. We must understand that this issue is not with the no-contact agreements themselves. They actually contain important safety and security measures that survivors stressed they wanted in place. Those measures are what makes it all the more challenging to object to the gagging clause. As Lucy said, survivors feel they have no choice but to sign in order to protect themselves.

The perception of a lack of choice and the coercion to sign against their instincts and wishes is the issue I hope to address today. Expecting a young person who is in extreme psychological distress to challenge staff at their university and then seek to renegotiate a contract that contains important safety measures is absurd. We would not expect it of ourselves, and we certainly should not expect it of them.

That is why I have written to all 39 Oxford colleges, asking them to sign this pledge against the use of non-disclosure agreements in the cases of sexual harassment, abuse or misconduct. I am pleased to report that three colleges—Lady Margaret Hall, Keble and Linacre—have now done so. I express cautious optimism that a number of colleges have made their own statements, albeit not signed the pledge. I urge colleges that are reluctant to sign the pledge or have concerns about it to meet me to discuss it.

University is a stepping stone between childhood and adulthood. It is supposed to be a place of safety and security—a home away from home. It is where young people learn how to behave as an adult and how they can expect to be treated. My fear is that these young women are being taught that their voice and their pain is less important that the institution’s reputation.

Signing the pledge is a no-brainer, but it should be only the beginning of the work that needs to be done to stamp out this deeply deplorable practice. In my view, the pledge does not go far enough. Students have expressed concerns that colleges and universities will sign up to it and then sneak clauses into agreements like no-contact agreements and argue that it does not actually constitute a no-disclosure agreement. Clarification on that point from the Minister would be really helpful.

There is also no real consequence of breaking the pledge. Can’t Buy My Silence provides a platform to report breaches of the pledge, with the only listed sanction being the removal of the university’s name from the list of pledges. I have met with the Office for Students—which comes to the point the hon. Member for Strangford (Jim Shannon) made—to discuss its role in regulating the behaviour of universities and investigating how the sector is to meet the standards set.

I am pleased that the Office for Students recognises that there is more it can do and intends to do on bad behaviour by universities. However, I am concerned that this work is far too slow. I ask the Minister to do whatever she can to expedite this process and get some real regulatory bite behind that statement of expectation. I welcome the steps taken by the Government and the Department for Education. I am pleased that the Minister has backed the university pledge, created by the campaign group Can’t Buy My Silence. I welcome her response to my letter earlier this year, especially her offer of a meeting. We are still waiting on that meeting. I wonder if today she could reiterate that offer, so that we might discuss in private some of the details I was unable to give in the debate today. I am sorry to say that I think she will be shocked by them.

Survivors need more than commitments, pledges and statements. They need concrete action. If this is happening in Oxford colleges, it is happening in other universities and other institutions. The Can’t Buy My Silence campaign began with Zelda Perkins being placed under an NDA by her then employer Harvey Weinstein. She was paid £120,000 to keep quiet about Weinstein’s abuse and mistreatment of her and her team.

NDAs occur in many different walks of life—in settlement agreements of severance packages as well as in cases of wrongdoing. Where both parties agree to sign to an NDA, we do not take issue. It is not a problem when it is signed freely. Whether it be a university student or an employee reporting their boss’s bad behaviour, the practice of individuals feeling in any way pressured or forced to sign up to these clauses needs to stop.

If we decide to regulate the use of non-disclosure agreements, we will not be the first. Prince Edward Island in Canada is one step ahead, having already passed a Bill to regulate such agreements. It is called the Non-disclosure Agreements Act, and it was passed in May 2022. It states that

“A party responsible or person who committed or who is alleged to have committed harassment or discrimination may only enter into a non-disclosure agreement with a relevant person…if such an agreement is the expressed wish and preference of the relevant person concerned”—

the expressed wish of the survivor, the victim, the person who is reporting. It is so simple: no one in any circumstance, in any university or otherwise, should enter into a non-disclosure agreement or gagging clause against their will. As such, I will table a private Member’s Bill today to establish exactly that principle. I hope that colleagues and Ministers who I know are on board with the campaign will consider supporting that Bill.

Moreover, the vehicle to attach my Bill to is on the horizon. The Ministry of Justice, in consultation with the Home Office, is bringing forward a victims Bill that will contain measures to, in the Ministry’s own words,

“amplify victims’ voices and make sure victims are at the heart of the criminal justice system”.

I had a positive meeting with the Home Secretary, at which she agreed to work with me on trying to include a ban on NDAs in that Bill. She further agreed that no one in any setting, of any age, should be able to silence the voice of a victim of crime. I have urged the Government to back my Bill, and to insert the language needed to tackle that egregious practice once and for all into the victims Bill.

Finally, though—this is a point made by some who do not want to sign the pledge—we have to acknowledge that tackling gagging clauses will only scratch the surface of the problems faced by women and girls. It is far and away the lowest-hanging fruit, but it is important. One survivor said to me:

“If they can’t do this, then I don’t have confidence they’ll do anything.”

Women and girls are keenly aware of the dangers that face us when we are walking home at night, venturing into a nightclub, or staying in our own homes. We are frequently subject to harassment, with 71% of women of all ages in the UK having experienced some form of sexual harassment in a public space. A smaller number, but still substantial, are subject to sexual offences, with the number recorded by the police reaching an all-time high in 2021—over 170,000.

At the top of that pyramid—or the bottom—are, I am afraid, those who have lost their lives. This weekend, I attended a vigil at my local church in Botley. We read out the names of the 140 women who were killed by men in 2021, of whom Sarah Everard was probably the most famous. Local artist Alice Brookes hand-stitched every name into a pillowcase. They were hung in a line wrapped around the church—it was incredibly moving. While those statistics are appalling, I do not think anyone is surprised by them any more. The scale of the crime is enormous, and what struck me about my conversations with survivors was that they had no faith in even reporting to the police. Sadly, the statistics confirm why: just 2.9% of reported sexual offences and 1.3% of recorded rapes result in a charge or summons.

While there is clearly much to do to end the epidemic of violence against women and girls, I hope that we can at least work together today to end the misuse of non-disclosure agreements and gagging clauses, not just in university settings but elsewhere in society. Young women up and down the country, not just those in Oxford, have been silenced by a system that is supposed to protect them, so I ask the Minister to not just encourage colleges and universities to sign the pledge, but work with colleagues across Government to stamp out that deeply harmful practice in its entirety. Through the victims Bill, we have a golden opportunity to enshrine in law the principle that no victim’s voice should be silenced, and although sexual violence takes so much from survivors, we can restore what should never have been taken away in the first place: their voice, their agency, and their power.

Higher Education (Freedom of Speech) Bill

Jim Shannon Excerpts

Report stage
Monday 13th June 2022 Commons Chamber

[Miriam Cates (Penistone and Stocksbridge) (Con)]

Unlike all the other speakers in this debate, I was not on the Bill Committee, which is a shame, because it sounds like it was very lively, and I have not tabled my own amendment. I rise instead to speak in support of Government amendments 1 to 4, 6 to 10 and 16. I am absolutely delighted that this Higher Education (Freedom of Speech) Bill was carried over from the last Parliament.

We have heard today that over the past few years, there has been a growing and concerning trend to stifle free speech on UK university campuses. Since this Bill was published last year, we have seen: the attempt to shut down and harass the Israeli ambassador at Cambridge University; the vicious and, as we have heard, ultimately successful campaign to remove Professor Kathleen Stock from her post at Sussex; and, just last month, the efforts of an angry mob to silence my right hon. Friend the Secretary of State for Education at Warwick University. It is no wonder that he has prioritised the return of the Bill.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for the stance she has taken in this House and in every role of her life. She will probably be aware of a petition signed by 15,000-plus organised by the Society for the Protection of Unborn Children. It supports the Bill because it gives its members the freedom that they do not have. She will be aware of calls for pro-life students to be given a voice. Pro-life students are often the recipients of that discrimination. Does she agree that freedom of speech must be upheld for all students, and especially those who take a pro-life position and stance?

[Miriam Cates]

I absolutely agree with the hon. Gentleman. The belief that human life starts at conception is a scientifically valid belief, and one that I hold myself. Students and staff should absolutely be protected in reflecting that view. He leads me on to my next point, which is that for every high-profile case we have discussed in the House today, many more never make the headlines. Underneath these incidents lies a culture where students and academics alike are becoming afraid to discuss and share their views. Last October, the University and College Union published a report showing that 35% of UK academics had undertaken self-censorship for fear of negative repercussions, such as the loss of privileges, demotion or even physical harm. The report’s authors commented:

“Self-censorship at this level appears to make a mockery of any pretence by universities of being paragons of free speech and…the pursuit of knowledge and academic freedom.”

The evidence is clear: free speech and academic freedoms in our universities are under threat, so I welcome the Government amendments that will strengthen the Bill further. Amendments 1, 2 and 16 extend protections to academics by removing the express limitation that academic freedom covers only matters within an academic’s field of expertise. They are important: first, because in many disciplines it would be hard to define exactly where the boundaries of a particular field lie; and secondly, because it is right to recognise that research and ideas do not exist in silos. There are obvious crossovers, for example, between science and ethics, politics and economics, philosophy and history. We need our greatest minds to be free to write, to speak and to conduct research in an unrestricted way for the benefit of our whole society.

--- Later in debate ---

[Jim Shannon]

It is a pleasure to follow the right hon. Member for South Holland and The Deepings (Sir John Hayes). Unfortunately, I could not make a speech on Report because I was attending a meeting with the Foreign Secretary about the Northern Ireland protocol, but I want to contribute on Third Reading. I declare an interest as chair of the all-party group on international freedom of religion or belief.

The Bill is critical. I commend the Minister for how she has delivered it and for her speech on Report, which I was able to hear. The Government have delivered the very legislation that I, personally, wish to see. I believe that my constituents and those who write to me—my mailbag is very substantial—also wish to see it. The Government have done a good job today; I am absolutely in favour of the Bill.

I could give examples of Christian conferences not having their dates renewed at universities, or of young Christian unions being pigeonholed by activists into expressing an opinion based on their sincerely held belief, only for it to be cited as hate speech. That is ridiculous, and that is why the Government have introduced legislation, which I very much welcome, to address the matter. The Bill will make a difference and protect Christians and other religious groups. I never thought that we would be in a place where we needed to take these steps, but the fact is that we have to, and the Government have done so.

A minority of people in influential places have been gift-wrapped the ability to halt freedom of speech in our universities, which, instead of being a place of open thought and debate, are now closed to anything that is not of a certain agenda and persuasion. I thank the Minister and our Government for the steps that they have taken to bring the Bill to completion. The Government have ensured that there will be no loopholes that could be used by those who wish to exercise their freedom of speech but who cannot afford others the same very basic right, which the right hon. Member for South Holland and The Deepings referred to on Report and just now.

I am given to understand that reforming the Human Rights Act may have led to the more restrictive definition of academic freedom in the original wording of the Bill, which included a caveat that academic freedom exists only within an academic’s field of expertise. This was expressed to me in a briefing by Universities UK. UUK has subsequently welcomed amendments 1, 2 and 16, which remove the express limitation that academic freedom covers only matters within an academic’s field of expertise, and I agree: a teacher of mathematics should still be able to express his belief about biology in a considerate and kind manner, should the need arise. UUK understands that the Government intend to provide guidance for universities in respect of the new duties in the Bill. That is particularly significant given that duties can often appear to overlap or sit in tension with one another. An example is the Prevent duty, which has legal protection. The Government have enshrined in the Bill protection for the people whom I represent, and, indeed, for people throughout this great United Kingdom of Great Britain and Northern Ireland.

I support the Bill in the hope that we will have freedom of speech, freedom of religion or belief and the freedom to choose no belief, if that is what people want, and that that will be enshrined in our universities rather than this seemingly insidious desire by a select few to shut down debate and oppose anyone who cannot agree with their “enlightenment”. My goodness me, what a poor world it would be if everyone were like that! Jews deserve the right to practise their religion in so far as it does not harm others, as do Muslims, Sikhs and Buddhists. They deserve the right to express their beliefs—as they still do—in a way that does not harm anyone. This is about respect, and I am browned off with seeing so much disrespect for people.

We must also legislate, increasingly, to ensure that those who wish to speak of Christ and His teachings have the right to do so in the halls of their university student unions, and not just in their churches or chapels.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Ofsted: Accountability

Jim Shannon Excerpts

Wednesday 8th June 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to serve under your chairmanship, Mr Paisley, not just because you are the Chair, but because you are a colleague and a friend. I am pleased to follow the hon. Member for York Outer (Julian Sturdy), who presented the case. We are debating the accountability of Ofsted, but the Minister will know that we have different arrangements back home in Northern Ireland. I always like to sow into these debates the things that happen in Northern Ireland.

I endorse what the hon. Gentleman said. I share his concerns and I want to talk about some points that concern me. In recent years, there has been a breakthrough in the education system. We have tried to improve our educational standards by miles, and I believe we are on the right path to ensuring that every child has a fair shot at education. That is the ambition. Some people will say that we are on the pathway to achieving that, and others will say that we are not there yet. Saying that, we must address some of the current issues, so it is great to be here today to discuss how we can move forward.

The hon. Gentleman said that Ofsted visits give only a “snapshot in time”. It is important to recognise that the inspection does not sum up all that happens in the school over a 12-month period, as it only captures the things that happen in that one-day snapshot. I understand the purpose of Ofsted and why inspections are necessary, but let me explain why I share the hon. Gentleman’s concerns about the stress that inspections have on teachers, schools and pupils. He said that some faith-based schools have expressed concerns, and are particularly annoyed at Ofsted inspections. Some felt, rightly or wrongly, that they were targeted because of their faith. I am sure that is not the case, but some felt it to be.

Something has to be done about the situation if the only way for schools to challenge the conclusions of the Ofsted inspection is on a legal basis. I very much look to the Minister for a response to that point. There cannot always be a legal challenge to the inspection’s conclusions and recommendations. The Minister always replies sympathetically and helpfully, as he did when he was in the Northern Ireland Office—we miss him there, although we are very glad he is here to respond to this debate.

Ofsted is accountable for school inspections and the inspection process. The devolved nations are covered by different arrangements, but I like to give a Northern Ireland opinion in these debates. Back home, the Education Training Inspectorate is responsible for school inspection duties. Although we are grateful to it for ensuring that our schools are of the highest standard, there are undoubtedly issues to be addressed. When it identifies issues, it highlights where improvements can take place, and it does so in a way that encourages schools, but also ensures that they make the necessary changes.

I have been contacted by many teachers who first and foremost must deal with the ongoing pressures of inspections. It is usually the principals who take on that responsibility, but the teachers and pupils are also part of it. While an inspection is a necessary procedure, it can severely disrupt the routine of the school day. There is often a slight disregard for the disruption that inspections can cause to not only the school day, but the pupils. There is a need to be sympathetic, careful and cautious when it comes to inspections.

We are all aware that our respective Education Ministers in all the regions have worked tirelessly to support pupils with special educational needs and to provide an organised, strict routine to help them learn. My plea is on behalf of those with special educational needs who are disrupted by Ofsted inspection, and who find that it affects them as individuals and in their schooling.

The discomfort and frustration that pupils with special needs can face when their routine is disrupted is unnecessary and could be handled much better. Ofsted and other inspection agencies must be held accountable for ensuring normality in the school day. In addition, our teachers have been feeling extreme pressure to perform as “perfect” in their profession. None of us is perfect. As you know, Mr Paisley, there is only one person who is perfect: the man above. We are just humble human beings with all our frailties and mistakes.

The National Education Union has stated,

“Able teachers, repeatedly assessed as ‘outstanding’, still have their preparation, teaching, management of behaviour and marking of students’ work evaluated incessantly. The pressures created by Ofsted cascade down through the system, increasing teachers’ stress and workloads to the point of exhaustion and burn-out.”

How are Ofsted inspections affecting teachers? Is consideration being given to teachers as it should be, ever mindful that teachers are under incredible pressure as it is? They have a responsibility to deliver for their pupils and they want to do that well, so they do not need extra pressures.

The NEU also notes that Ofsted has failed to address the impact that poverty and the cost of living are having children’s learning. Other factors need to be considered when Ofsted carries out its inspections and draws conclusions about education. One such factor is poverty and the cost of living. The moneys that parents have for their children has an impact on them when they are in school. Another is the responsibility of schools to ensure that pupils have a meal to start the day and are getting fed. Sometimes—I say this very respectfully—a child may not be the best dressed or the tidiest, but that may be because of pressures at home. What is being done to consider that?

The pandemic has already seriously disrupted the education of pupils without the familial and technological resources to study at home. With the increasing fuel and electricity payments, it is estimated that thousands more will be plunged into working poverty, with 3.9 million children having parents who are in in-work poverty. What consideration has been given to the direct impact of in-work poverty on pupils?

There needs to be more support for our teachers. After a horrid, terrible two years due to the pandemic, there has been much judgment as to how schools are operating. I gently suggest there should be a wee bit of flexibility in Ofsted inspections, to ensure that all those factors are taken on board and the pressures of the inspection do not overload teachers and schools.

The workload pressures are concerning, with many teachers working late into the night as it is. There have also been judgments of schools based on limited evidence. The hon. Member for York Outer referred to the pressures on schools, and the importance of ensuring that there is evidence to back up the Ofsted inspections. Most pressures are due to the pandemic. Indeed, many feel that Ofsted inspections should be more circumspect when it comes to other factors—life outside of schools—that have an impact on schools. Ofsted must address basic errors and misunderstandings, and work alongside Ministers to support schools and teachers.

I look forward to the Minister’s response, and I will conclude, ever conscious that others have the opportunity to speak. I welcome the debate and hope that we can be a voice for our education system—to help make teachers’ and principals’ lives easier, to ensure that pupils in schools are not disadvantaged by all the things that are happening outside school that have an impact inside schools. The Minister always strives to give us the answers we look for, and I look forward to hearing him, but I am ever mindful that there can be difficult periods of inspections, which, by their very nature, disconcert, annoy and disrupt school life.

--- Later in debate ---

[Mr Walker]

My hon. Friend asks an excellent question. The meetings often involve frank discussions in which we do not always necessarily agree. We are certainly not in a position to give Ofsted orders, but we have the opportunity to raise concerns that have been expressed by colleagues, and those meetings can be influential and important. I will give an example. During the course of the covid pandemic and in the immediate recovery, we had many discussions about the process of deferrals. Ofsted brought forward a generous deferral policy that allowed schools that felt that they were facing disruption to defer their inspections, and many schools took advantage of that and benefited from it. However, there has to be a degree of independence, and that is all part of the balance.

Beyond the accountability mechanisms in place that relate to the Government and Parliament, the Government’s arrangements for Ofsted also provide a separate line of accountability. As I mentioned earlier, the 2006 Act established a statutory board for Ofsted with a specified set of functions relating to setting its strategic priorities and objectives, monitoring targets, and ensuring the efficiency and effectiveness of Ofsted’s work. The board has an important challenge and support role in relation to the inspectorate’s work and performance, and it is notable that Her Majesty’s chief inspector is required to agree her performance objectives and targets with the chair. It will also be of interest to hon. Members that Ofsted’s board is currently carrying out a routine board effectiveness review, as confirmed by Dame Christine Ryan when she gave evidence to the Education Committee last September. I understand that Dame Christine will update the Education Committee on this work in due course.

So far I have provided an outline and we have discussed various elements of the accountability that applies to Ofsted, but I turn now to the other side of the coin, which is its independence. Independence is a necessary pre-requisite for the inspectorate, providing credibility and value to Ofsted’s work. Ofsted’s ability to inspect and report without fear or favour remains as relevant today as it always has been, and it has to be carefully guarded. Operating within the constraints of legislation and broad Government policy, Ofsted has appropriate freedom to develop and implement its own inspection frameworks through consultation, and to offer advice on matters relating to its remit.

Ofsted is also responsible for the conduct and reporting of its inspections, and it is perhaps here that Ofsted’s independence is most apparent. No Minister or Committee member in this House, however powerful, can amend Ofsted’s professional judgments, and I recognise that that is one of the concerns raised by my hon. Friend the Member for York Outer. Parliament has chosen—I believe rightly—to protect the inspectorate from interference in these matters. To put it simply, when it comes to inspection judgments, Ofsted has complete independence. The buck stops with Her Majesty’s chief inspector.

I absolutely recognise that independent inspection can sometimes mean that there are difficult messages for individual schools, colleges and other providers about the quality of their provision. I am conscious that Ofsted’s independent view can sometimes result in uncomfortable messages—even for Ministers—but as challenging as that can be at times, the benefits of independent inspection and reporting are undeniable and should be carefully protected in the interests of pupils and parents, as well as staff and leaders, across the country. There will always be debate when it comes to judgments on quality, and I accept that. After all, an inspection is not, and should not be, a tick-box exercise. It requires professional judgment to weigh up multiple factors that contribute to a school being assessed as good or, much less often, not good.

When it comes to assessing safeguarding of pupils, I hope hon. Members will agree that we need Ofsted’s assessments to be robust and absolutely clear where there are concerns. It is also important that Ofsted’s inspection approach is proportionate to risk, with more extensive and frequent arrangements for weaker schools. That is not over-surveillance but responsiveness to provide additional scrutiny and the assurance that parents, Governments and Parliament need.

With the power to provide a published judgment on the provider comes the clear responsibility to ensure that those judgments are evidence-based, fair and accurate. I know that Her Majesty’s chief inspector is absolutely committed to ensuring that inspections are of the highest quality. That requires, among other things, a careful selection of inspectors, effective training led by Her Majesty’s inspectors, and strong quality assurance arrangements, all of which are taken extremely seriously by Ofsted.

In that context, it is particularly encouraging that the evidence from Ofsted’s post-inspection surveys indicates that the vast majority of schools with experience of inspection are satisfied by that experience. The data shows specifically that almost nine in 10 responding schools were satisfied with the way in which inspections were carried out. A similar proportion felt that the inspection judgments were justified based on the evidence collected, and nine in 10 agreed that the inspection would help them to improve further. I think that is a strong sign that the inspection framework can and does support schools. I recognise, however, that my hon. Friend the Member for Central Suffolk and North Ipswich has his own survey data, and it is important that we look at that in detail and take it into account.

[Jim Shannon]

The hon. Member for York Outer (Julian Sturdy), the shadow Minister and I referred to the impact on teachers. I am not saying that the Minister’s figures are not right, but if we are all getting that sort of feedback about teachers, perhaps it is not as straightforward as nine out of 10 schools saying that inspections are okay.

As I said during my speech, I am conscious of those with special educational needs. We all know that it does not take a lot to throw those children out of kilter for a while, so sensitivity and caution around them are important. The Minister was perhaps going to respond to those questions anyway, and if so, fair enough, but I would like answers to them.

[Mr Walker]

The hon. Gentleman makes an absolutely fair point. He is right: I was coming on to the workload challenge. I think we have to be honest and accept that independent inspections leading to a published report will inevitably be a source of some pressure on schools. I recognise that he and my hon. Friend the Member for York Outer have raised concerns about the workload impact on teachers. I have discussed that many times with Her Majesty’s chief inspector, who is committed to ensuring that pressure is kept to a minimum and that inspectors take all reasonable steps to prevent undue anxiety and minimise stress.

As part of that, Ofsted has taken steps through its new framework—for example, including a section designed to dispel myths about inspections that can result in unnecessary anxiety and workload in schools, and ensuring that inspectors consider the extent to which leaders take into account the workload and wellbeing of their staff as part of an inspection. We at the Department take seriously our responsibilities when it comes to workload. That is why we have worked with the unions on a workload-reduction toolkit for the sector and on a well- being charter.

I recognise that there is a balance to be struck here. My hon. Friend the Member for York Outer raised the issue of the short period of inspections. Of course, under previous inspection regimes, there had been a longer period of inspections, or notice given for inspections, and that was criticised for increasing workload because it required people to spend more time collating and preparing data for Ofsted visits. That is a challenging balance to strike.

There will be some occasions when providers are unhappy with their inspection experience or outcome, and yes, there will be occasions when inspectors do not get everything right first time, despite the quality assurance processes that we all want, but it is important to see that in perspective. Ofsted’s annual report and accounts documents provide interesting data on complaints about inspections. They show that, across Ofsted’s remit in 2018-19, 1.8% of inspection activity led to a formal complaint being received. In 2019-20, that figure was 2.5%, and in 2020-21, which I appreciate was a different year in many respects, it was just 0.3%.

Making Britain the Best Place to Grow Up and Grow Old

Jim Shannon Excerpts

Monday 16th May 2022 Commons Chamber

[The Secretary of State for Education (Nadhim Zahawi)]

It is a great honour for me to open this debate on the Loyal Address. In Her Majesty’s jubilee year, I want to thank her for her dedication and service to our country, the Commonwealth and all its people. That includes young immigrants arriving on these shores, who feel her warmth and generosity; of course, some of them end up as her Ministers. I also thank Prince Charles and Prince William, the Duke of Cambridge, for opening Parliament on her behalf.

During Her Majesty’s 70-year reign, this country has been the best place in the world to grow up and grow old, yet during these seven decades the British people have overcome major challenges, time and time again. We have just lived through what I am sure you will agree has been an incredibly difficult period, Madam Deputy Speaker. After years of sacrifice by people up and down the country, this Queen’s Speech focuses our attention exactly where it should be—on the future.

The future, full of promise, will not be without its challenges, both at home and overseas. Our country needed a Queen’s Speech that rises to the scale of the challenge we face, and we have delivered it. Our communities needed a Queen’s Speech that keeps them safe, secure and prosperous, and we will deliver it. Our constituents needed a Queen’s Speech that shows them that the door of opportunity is always open to them, and we will deliver it. Our relentless focus is on delivery, delivery, delivery.

Before I outline how our legislative programme will make sure that this country remains the best place to grow up and grow old, I reaffirm this Government’s solidarity with the people of Ukraine. I am pleased to say that all Ukrainian children and young people arriving in the United Kingdom have the right to access state education while in the UK. With memories of my own childhood, leaving Saddam Hussein’s Iraq and building a new life here, I know how important education is to helping young people integrate into their new communities.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State is absolutely right to say that there is no better place in the world to live than this great United Kingdom of Great Britain and Northern Ireland—always better together. Can he confirm that through the Government’s policies and this Queen’s Speech, every step will be taken to ensure that every child in this United Kingdom of Great Britain and Northern Ireland achieves academic success; to improve the health system for every person who is on the waiting list; and to help every elderly person who depends on a better income for energy, food and heat?

[Nadhim Zahawi]

I think the hon. Gentleman speaks for the whole of Northern Ireland when he says that the focus has to be on the education, healthcare and public services that the people of Northern Ireland so badly need.

Not only do we need to make sure that Ukrainian refugees are well integrated, but we need to give them the same skills that we are giving our children, so that they can take on the challenges of the future.

Not only do we need to make sure that Ukrainian refugees are well integrated, but we need to give them the same skills that we are giving our children, so that they can take on the challenges of the future. I want to take this opportunity to commend schools and local authorities across England for rising to the challenge of welcoming and supporting children arriving from Ukraine, and offering thousands of them a school place, in the same schools that are at the heart of our plans to level up. One of the first Bills introduced this Session, in the other place, is the Schools Bill, which will deliver a stronger schools system that works for every child, no matter where they were born or live in our country. It will work alongside close to £5 billion of investment in our ambitious multi-year educational recovery plan, investing in what we know works: teacher training; tutoring; and extra educational opportunities, including of course extra hours for those who have the least time left in education—the 16 to 19-year-old students.

The evidence is clear that our plan is working and the recovery is happening, with primary pupils recovering about 0.1 months in reading and 0.9 months in maths since the summer. Combined with our £7 billion cash increase in the total core schools budget by 2024-25—this is compared not with 10 years ago but with 2021-22—this means we are giving schools the resources they need to focus on student outcomes. It is money that will help schools increase teachers’ pay, including by delivering on our manifesto pledge of a £30,000 starting salary. This is money that will help schools deliver resources for students and meet inflationary pressures in these uncertain times.

However, there is more to do, because too many children leave primary school unable to meet the expected standards in reading, writing and mathematics, despite the remarkable progress in the past decade. Through our Bill, 90% of primary school children will achieve the expected standard in reading, writing and maths by 2030, and the percentage of children meeting the expected standard in the worst performing areas, which need the most help, will have increased by more than a third. To meet our ambitious targets, the Schools Bill will go further, taking steps to make children safe and addressing standards in attendance, with this all underpinned by a fairer and stronger schools system. Because our best multi-academy trusts—those families of schools—are delivering improvement in schools and in areas where poor performance had become entrenched, by 2030 we want all schools either to be in a strong multi-academy trust or to have plans to join or form one.

Foster Carers

Jim Shannon Excerpts

Thursday 21st April 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I commend the hon. Member for Jarrow (Kate Osborne) who introduced the debate and who set the scene for us with her knowledge, interests and life story. I thank the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) for his personal story. It was good to hear those personal stories from the hon. Lady and the hon. Gentleman because they help us all to enjoy, endorse and support the theme under discussion. I am not leaving out the hon. Member for Stoke-on-Trent North (Jonathan Gullis), by the way. He brought his own experiences as a teacher, which I thank him for.

The covid-19 pandemic has had many side effects. I will give the Northern Ireland perspective; I know that is not the responsibility of the Minister, but it adds to the debate and it complements what has been said and what will be said. Increasing numbers of children and young people in Northern Ireland are urgently in need of a loving and safe home. For many families on the brink, covid was the final straw, and familial relationships bore the strain of it all—I noticed that over the past couple of years, and others probably did too. I am aware that there are many foster parents in Ards and in my constituency of Strangford who already give a home to children and young people. I know from discussions with them that some of those young people come from very difficult homes, and just being part of a family unit is very important to them. They receive the warmth that the hon. Member for Kirkcaldy and Cowdenbeath referred to—the love that is so vital for them—in abundance in their foster homes.

I have a very good friend, whose name I am not going to mention. He and his wife have three of their own children and foster five or six. That is a massive family, by the way; whenever they go on holiday, it takes a minibus to take them away, and whenever they jump on the plane, they take up a large section of that plane. The point I am making is that that couple in Portavogie in my constituency give love, affection, assurance and confidence to vulnerable young children who are quite challenging. They have told me some stories; I am not going to repeat them, because they are very personal, but there are people who have the capacity, the understanding, and perhaps the patience that is needed to make that happen.

The number of foster carers is low at the moment, and the need for them is great. I welcome the news that Robin Swann, the Northern Ireland Minister responsible, is prepared to recognise that and to provide greater support. More than 3,000 children and young people are currently living with foster carers or supported lodging hosts in Northern Ireland, and the funding package will provide an additional £25 a week for each child or young person who is being looked after in those settings during the term of the Assembly. Obviously, that will be reviewed again whenever the Assembly is up and running—in May, all being well.

Northern Ireland is also due to carry out a review of children’s services, ostensibly to further highlight the challenges in foster care and to work collaboratively to achieve change for the benefit of all cared-for children. We have a policy and strategy, which I am sure is very similar to what the Minister will speak about shortly; it may even be better. I know that the Minister has a real interest in this matter and that his response will be very helpful.

We have difficulties with care homes, especially in my constituency at present. Local shops are being tormented by children shoplifting alcohol and taunting the shopkeepers and staff on the way out, saying that they cannot touch them. The workers in the care homes feel that their hands are tied, as they cannot restrain those children unless they are in danger, and the Police Service of Northern Ireland—our police force—does not have the manpower to station bouncers or have a full-time presence at local shops. We have derelict buildings that are known to be used by kids for drinking and doing drugs, with their care workers standing outside and begging them to come back.

Let me be very clear and straight: I have ultimate compassion for those children, because they are sometimes from very difficult homes, and the difficulties in their wee lives have brought them to this point. I cannot, in all conscience, place the blame entirely at their feet; they have been let down by many people and bodies, of which we are one—by “we”, I mean that the Government and our regional Administrations have let them down. We all understand the benefits of foster care compared with children’s homes. Underfunding and a lack of support for foster carers means that many people are simply unwilling to take on that mammoth task. In every case, the losers are these lost children who want to be independent and make their own choices but simply are not old enough to understand the consequences of their independence.

We ask for all the things that the hon. Member for Kirkcaldy and Cowdenbeath referred to—for funding, for training, and for foster caring to be built up and for more foster carers to be encouraged to come forward, because we need them, both in Northern Ireland and here on the UK mainland. When I was a young fella—that was not yesterday, Mr Robertson—my mum used to say to me, “You need three things. You need a lot of potatoes”—usually, they were Comber potatoes—“you need water, and you need a loving, firm hand.” We have provided for these kids’ physical needs, but the loving, firm hand that is as vital here as in any other area is missing, and they are desperately unhappy, lashing out and hurting their community. How do we help them? We help them by giving them opportunities for foster care. We help them by making sure that the funding, the opportunities, and the love and affection that the hon. Members for Kirkcaldy and Cowdenbeath and for Jarrow have referred to—both of them from their experiential knowledge—are there.

I believe that a strong foster care system with early intervention is the way forward, but that can only come if we encourage kinship care with support. I have heard of so many grannies who do not get a break and cannot cope. We need options available to allow for respite in the short term to keep a good placement in the long term. I ask the Minister: can we get that short-term respite to keep a good placement in the long term? I think that is something that we can do UK-wide. We are trying to do it in Northern Ireland; the Minister will probably come back and say that he is doing it here. I am sure that will encourage us. A review of foster care support is also urgently needed.

For the sake of our most vulnerable children, we have to do something differently; we have to look at this differently, and we have to understand what it is that children want and what we need to give them. We need to give them the love, the affection and the future that the hon. Members for Jarrow and for Kirkcaldy and Cowdenbeath did. That is what we are trying to do—to get a different outcome, or to add to the outcome that we have at the moment.

Special Educational Needs and Disabilities Review

Jim Shannon Excerpts

Tuesday 29th March 2022 Commons Chamber

[Nadhim Zahawi]

I thank my hon. Friend for his thoughtful question. He is right that we intend to make a number of changes after consultation on the Green Paper, whether it is a national system so that parents can see exactly what provision they should be getting so that their area is consistent with every other postcode in the country, or whether it is a local plan co-produced with all stakeholders around the table—including parents—a local dashboard and consistency on EHCPs. In many ways, it is frustrating when parents say, “My plan and this person’s plan are completely different.” There should be consistency across the board to make the system as frictionless as possible for parents.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his positive statement. Covid-19 has been a big burden on pupils, and especially pupils with SEND. It is estimated that 25% of children are in that category. Our education system is incredible, but today’s statement is only the first step. Will the Secretary of State give a confirmed date for a review of the money put in to achieve the goal of giving that extra bit of help and, if necessary, a different way of working and delivering? Will the extra moneys, £2.6 billion plus £1 billion, be subject to the Barnett formula?

[Nadhim Zahawi]

I thank the hon. Gentleman for his excellent question. He is right to say this is the first step. I can come to the House to share this Green Paper, but we have to make sure the consultation is delivered, and then we have to ensure the implementation is in place. I asked the Treasury for £70 million to support the implementation. When I look back at the lessons learned, we fell over because there was little money for the implementation to happen well. Of course, Barnett applies to the Chancellor’s announcement on the spending review in the usual way.

Schools White Paper

Jim Shannon Excerpts

Monday 28th March 2022 Commons Chamber

[Nadhim Zahawi]

Yes, I can.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his statement. The parent pledge that the Secretary of State delivered today is ambitious and entirely necessary. A report in Northern Ireland has shown that children are eight months behind where they would normally be. The White Paper today is for England and Wales, but the problem is UK-wide, so the solution must also be UK-wide. What discussions has the Secretary of State had with devolved counterparts to ensure that this is the approach in every area of the United Kingdom?

Skills and Post-16 Education Bill [Lords]

Jim Shannon Excerpts

Monday 28th March 2022 Commons Chamber

[Alex Burghart]

I am delighted to be back in the House to discuss our landmark Skills and Post-16 Education Bill. I am pleased the Bill has progressed to this point, as it is a real opportunity for us to create a chance for more people to develop the skills they need to move into a job and support our economy. We have made the case that this Bill and the work surrounding it will provide qualifications that have been designed with employers to give students the skills that the economy needs. That will help us to boost productivity and level up our country.

Lords amendment 17B is a Government amendment on provider encounters. I am delighted that we were able to make this amendment, thanks to the tireless work of my right hon. Friend the Member for Harlow (Robert Halfon), the Chair of the Select Committee on Education. His successful campaigning on this issue, and on further education and skills more broadly, is testament to his expertise, his persuasive powers and his dedication to his constituents, who will be well served by this Bill.

This amendment represents a compromise that will require schools to put on six provider encounters for pupils in years 8 to 13—two in each key stage. This should help to ensure that young people meet a greater breadth of providers and, crucially, it should prevent schools from simply arranging one provider meeting and turning down all other providers.

The underpinning statutory guidance will include details of the full range of providers that we expect all pupils to have the opportunity to meet during their time at secondary school. The Government intend to consult on this statutory guidance to ensure that the legislation works for schools, providers and, most importantly, young people.

[Jim Shannon (Strangford) (DUP)]

I look forward to hearing what the Minister has to say. Does he agree that defunding BTECs poses tangible risks to disadvantaged students and that Lords amendment 17, which ensures that the earliest qualifications can be defunded will now be 2025, gives the necessary time for a good evaluation of T-levels and how they work in this new landscape of qualifications? We should support our colleges to allow every child to achieve their potential.

Physical Education

Jim Shannon Excerpts

Wednesday 23rd March 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Eddisbury (Edward Timpson) for securing the debate. I am pleased to see the shadow Minister, the hon. Member for Portsmouth South (Stephen Morgan), in his place, and I look forward to the Minister’s response. The Minister has shown that he can do this, because I remember when he was slightly broader than he is now. It is lovely to see him in his place. My contribution will reflect the Northern Ireland perspective, as it always does.

It is always a pleasure to follow the hon. Member for Stoke-on-Trent North (Jonathan Gullis). I think we have now found his weakness. We know that Mr Speaker threatened to ring his mother, but we now know the right person to call, so perhaps I will text Mr Speaker to say, “The person you want is his teacher.” Beware of what might happen in the Chamber.

I declare an interest as a type 2 diabetic. I did not set out to be a type 2 diabetic, but I had Chinese carry-outs four or five times a week with two bottles of Coca-Cola, which is never a good recipe for keeping thin and trim. I realised only a year after my diagnosis that I had probably been a diabetic for a long time. I make that point because it is about having the right start.

I go back further than most people in this Chamber, as I was at school in the 1960s and early 1970s. I think about the grave impact of my type 2 diabetes and the benefits of PE. I went to a sporty school, and I was thin and wiry. I was always a good runner, and I loved rugby and cricket. Sport was an integral part of where we were.

However, I was always aware of something else at school, and I am speaking personally now. There is always a child—I was at an all-boys school, so it was a boy—who is always picked last when a team is picked. He came in last and was the last out of the changing room. That is how I learned to observe and consider how we encourage children. The fact is that boy always turned up for PE, but he did not seem to get enthused about it.

I learned to swim at school, and I am glad I did. I have always been a fairly strong swimmer, but I understand why some children ask their parents to write a note to get them out of what they perceive to be a humiliation. Yet the importance of a healthy lifestyle must be established from a young age.

Times have changed in the world of PE. In my day, we used a sports hall. Star jumps and the dreaded rope were deployed, and I am probably ageing myself here. Now, my speechwriter Naomi—she is a very busy speechwriter—tells me that her six-year-old came home saying that she was doing a month of Monday football, as an additional day of PE. There were no complaints about that extra PE.

I am not sure how schools enthuse children, and I will give another example shortly, but they certainly do back home. It seems to be working, which is the important thing, because that wee girl is not bothered one bit about doing extra PE. In fact, she is absolutely bouncing about it—literally bouncing. What a tremendous way to encourage young boys and girls to be involved in exercise that is interesting and exciting.

My eldest granddaughter, who is 12 coming up 13, was never very sporty; she was more into her laptop and contacting her friends. This year, everything changed. She attends Strangford Integrated College in Carrowdore, and she is on the girls football team. She has lost weight, which is tremendous to see. I was quite surprised, but she is enthused by the sport, including the training.

Sport is another way for children to engage with their friends, as the hon. Member for Batley and Spen (Kim Leadbeater) said. The strategy of my granddaughter’s football team seems to be all or nothing. Her team lost their first match 7-0, but they won their second game 6-0. They go all out to score goals or all out to prevent them.

We must make sure there is exciting, inclusive exercise in school to tackle the sedentary lure of the computer and tablet. Get children away from those things and give them a physical focus. The days have changed from when mums and dads threw their children out to play in the streets until the streetlights came on, as happened to me. Parents are now understandably concerned about not knowing where their child is, so things are slightly different today.

Additionally, most parents who work all day are unable to take their children to the park to play, as they have to make dinner, do the housework and help the children to do their homework. The natural thing is that kids stay safe inside, playing their games. However, if we can engage children through the schools or local sports clubs, we can make them be energetic and keen—as they are naturally—and then I believe that we can move in the right direction.

Although children playing indoors is completely understandable, it is not ideal. Thankfully, the schools are stepping up and putting on additional physical activity. Primary schools are doing it, too, for very young children, which I am glad to see. The children in my constituency now start their day with what is called the daily mile, which the hon. Member for Eddisbury mentioned. It is incredible, because all the kids want to do the daily mile. They walk with their friends from school—they can chat the whole way round—but they do their daily mile and it has almost become an everyday occurrence. They walk at a pace set by the teacher, who sets a pace the children are able to cope with. This enjoyable form of exercise teaches our children that we can make exercise a part of daily life.

The staff in the Chamber and the security guards sometimes ask me, “Are you doing any running over the weekend?” I say, “No, there are three stages: running, walking and dandering.” I am a danderer. I take strolls at my leisure, as I am well past the other stages.

Time is of the essence, so I conclude by saying that obesity is an increasingly common problem in Northern Ireland, as it is across the United Kingdom of Great Britain and Northern Ireland. One in every five children aged two to five is classified as obese, so we have a real problem but we have a way of addressing it, as the hon. Member for Eddisbury and others have said. We have to change the story. The sugar tax on smaller chocolate bars is a good step, but exercise is how we want to achieve this. Schools have a vital role to play by providing more PE with interesting exercises. Hobbies would also be a wonderful step for each region in the UK to prioritise.

I am pleased to support the hon. Member for Eddisbury and I look forward to hearing from the shadow Minister and, more importantly, the Minister.

Higher Education Reform

Jim Shannon Excerpts

Thursday 24th February 2022 Commons Chamber

[Nadhim Zahawi]

I commend my right hon. Friend for his excellent work on the Augar panel. He is a passionate advocate for the sector.

With your indulgence, Mr Deputy Speaker, I remind the House that, of every four international students, the United States take two, the United Kingdom takes one and the rest of the world shares one. That is how successful our higher education institutions are and have been. My right hon. Friend raises an important point, and this is a real consultation. I will take on board his suggestions and take a proper look at them.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his statement. Many of my constituents in Strangford and people across Northern Ireland attend universities here on the mainland to pursue a career in health. Has consideration been given to helping our health service by waiving fees and giving bursaries to those studying severely understaffed medical disciplines such as optometry, where cataract removal waiting lists are up to three years, and orthopaedics, where the waiting list for hip replacements is up to five years? Will the Secretary of State confirm that the Department for Education will work with the Department of Health and Social Care for the betterment of all throughout the United Kingdom of Great Britain and Northern Ireland?

[Nadhim Zahawi]

The hon. Gentleman will know that we already work very closely with the Department of Health and Social Care to make sure we hit our target of 50,000 more nurses. We always keep that work and the bursaries we offer under review to make sure we continue creating sufficiency so that we have a world-beating NHS.