Charities (Protection and Social Investment) Bill [ Lords ] (Fifth sitting)

Jo Churchill Excerpts

Thursday 7th January 2016 Public Bill Committees

[Anna Turley]

I agree that that is part of their core objectives and part of what they have done for centuries. I am happy to support that.

[Jo Churchill (Bury St Edmunds) (Con)]

I was a campaigner before I came to this place, and it sits uneasily with me that any organisation that deems itself to be a charity should align itself with a political party in that way. The policy for cancer patients is totally the responsibility of all our parties, in my view, so for someone to take their position in a charity and use it by way of promotion is wrong.

[Anna Turley]

I totally disagree with the hon. Lady. That example, for me, is not aligning with a political party. I do not see it as an issue if someone who has influenced thinking—influenced a manifesto that will influence policy change—encourages people to go and have a debate at an event.

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[Anna Turley]

I very much appreciate that, but, on the principle set out, I do not see an explicit problem with a charity emailing its members about attending a meeting of a political party. That is my baseline, but I look forward to hearing more about that case, because I cannot make a decision without seeing all the details.

I want to make another comparison. Many charities attend political party conferences to lobby, influence and try to shape political thinking. Many of them will say, “Actually, we can’t afford to go to every party conference,” so they may go to only one, whether that of the party in government or in opposition or the party that most shares its views on whatever its issue of the day is—I will not say badgers again. Is it at odds with its political neutrality if it attends just one party conference to try to influence and shape thinking? Those are difficult issues for charities to think about.

[Jo Churchill]

Those charities are making commercial decisions about how they can best influence the landscape. That comes back to the element of trust; that when someone donates, they are donating to the cause and not to a political party. A problem would come about if I were donating to a charity that was explicitly promoting a political party via a policy. I would defend to the death any charity’s right to be at every party’s conference and to put its points forward. What is being proposed would allow people, via the back door, to support one party over another, and that is not right.

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[Anna Turley]

I thank the hon. Lady for her intervention. The point is not how much the schools have, but the fact that the money they receive from the public purse is over and above what other schools receive.

[Jo Churchill]

Will the hon. Lady give way?

[Anna Turley]

I am very sorry, but as I said before I have to make some progress. I will rattle through, and I apologise to hon. Members on both sides for that.

If they want to keep facilities solely for their own pupils, schools must give up their charitable status. If they want to retain that status and the financial benefit that the parents of non-pupils pay for, they must allow non-pupils greater access. It is time to clarify the law. In the wise words of the Upper Tribunal, adjudicating between the Independent Schools Council and the Charity Commission,

“these are issues which require political resolution”.

That is the purpose of the new clauses.

Independent schools will of course seek to reassure us of the other public benefits they claim to provide, but even the chief inspector of schools, Sir Michael Wilshaw, said that that model of partnership between independent and state schools was meagre stuff, describing it as “crumbs off your table”. Why are independent schools expending their energy and resource—in fact, our resource as British taxpayers—educating the elites around the world, rather than helping to tackle the challenge of lifting educational attainment, expanding aspiration and tackling the social inequality that still exists in our country? That should be their charitable aim. That should be their public benefit.

There are many excellent schools in the state sector, some even better than independent schools, yet that is not true for all, and in some communities there is a stark division between the type of opportunities and facilities that can be enjoyed. The Opposition believe that this country deserves an education system where the majority of young people enjoy the same access to excellence as the privileged 7%. That is the intention of new clause 3.

I will quickly rattle through my comments on the other provisions. New clause 4 is about sports facilities, which I propose should be shared. I will not rehearse the broader arguments I just made, but will focus on the role that sport can play in tackling inequality, building cohesion and confidence and raising aspiration, and why sharing sports facilities can help schools to fulfil their public duty test and should be mandatory.

Evidence from the Department for Culture, Media and Sport shows that young people’s participation in sport improves their numeracy scores by 8% on average. Underachieving young people who take part in sport see a 29% increase in numeracy skills, and returns on investment in sports programmes for at-risk youth are estimated at £7.35 of social benefit for every £1 spent. Sports programmes can strengthen social networks and community identity, yet inequality in access to sport for young people is still a huge barrier. A study by the Sutton Trust shows that more than a third of British medal winners in the 2012 Olympics were from private schools. Indeed, the trust says that that figure

“comes as no surprise as children in independent schools benefit from ample time set aside for sport, excellent sporting facilities and highly qualified coaches, while in many state schools sport is not a priority, and sadly playing fields have been sold off.”

A survey carried out after the 2012 London Olympics found that “lack of facilities” was cited by parents as one of the biggest challenges facing schools trying to increase the amount of school sports. According to Sport England, the percentage of those on the lowest incomes participating in sport has hit the lowest level since records began. At a time of rising childhood obesity, less school sports and cuts to local authority leisure budgets, official figures show that most five to 10-year-olds say that the 2012 games did not encourage them to take part in sport.

In the light of all that evidence, the value of sport to young people, particularly those from the most deprived backgrounds, is clear. Independent schools should have a moral obligation as part of their charitable aims and their public duty test, and now, under new clause 4, a legislative obligation, to ensure that their facilities can have a positive social impact on children in their local communities.

New clause 5 focuses on music and, again, I will be extremely brief. We know that 84% of parents want their children to learn to play an instrument, and 82% say that music can help to teach children discipline. However, access to the learning of classical music, in particular, is restricted for many children. Sir Anthony Seldon, master of Wellington College, said:

“When the results achieved by independent schools are analysed, it is often without considering the role that a rounded education plays in this success—and particularly the role of the arts. It is also this unequal provision of culture that gives the alumni of independent schools a substantial advantage throughout life.”

The cost of purchasing instruments is one of the most prohibitive factors. The joy of learning classical music should not be the preserve of those who can afford it. For the many reasons I have given, we believe that music resources should also be shared by independent schools that want to retain their charitable status.

New clause 6 would require private schools to engage with their local communities and to share access to careers advice, work experience and further education admissions. We think it is a vital measure, because it seeks to get to the heart of some of the inequality that becomes entrenched for those in private schools by access to opportunity for outcomes in later life. As I set out in my earlier comments, the evidence on the difference in opportunity in higher education and careers for pupils from independent schools is stark and not diminishing. They take up nearly 50% of the places at Oxford and Cambridge, but I will not rehearse statistics that I have already run through.

That building of confidence for the future from which many independent school pupils benefit, the access to wider opportunities, the networks that many schools have with higher education establishments and the informal opportunities for internships and work experience in the professions are the key to unlocking opportunity. The evidence suggests that having work experience or an internship on a CV is critical to finding employment. More than one third of this year’s graduate vacancies will be filled by applicants who have already worked for the employer as an undergraduate. The critical questions are who gets those opportunities and how do they get them. Alan Milburn, in his 2009 report on social mobility, said:

“What has struck me so forcibly during the course of our work particularly when meeting young people from a whole variety of backgrounds is the emergence of a ‘not for the likes of me’ syndrome… Of course not everyone can be a doctor or a lawyer—and not everyone will want to be—but those with ability and aptitude need a fair crack of the whip to realise their aspirations…It is not ability that is unevenly distributed in our society. It is opportunity.”

By giving children from state schools the opportunity to access the advice, guidance, support and networks that independent schools use for the advantage of their children, new clause 6 will go some way to breaking down the disparity in and inequality of opportunity that exists in our society and help to release some of the potential in our young people that otherwise might never be realised.

[Jo Churchill]

It is a pleasure to serve under your chairmanship, Mr Hamilton.

I read new clauses 3, 4, 5 and 6 with a degree of sadness and, because of my age, no small feeling of déjà vu. How many times have I heard the justification that to be fair we must regulate? Regulation and quotas, however, do not always work as we might want—the Labour party might know that from current experience. What saddens me about the new clauses is the lack of understanding of independent schools and the benefits that they bring to the table, including how they already contribute to the public good. The proposals would apply red tape to something that is already working.

Independent schools are inspected by the Independent Schools Inspectorate or by Ofsted, and their contribution to public benefit is already commented on in those bodies’ assessments. The whole point of the Bill, it seems to me, is to give the Charity Commission the right to hold to account those who act in the name of charity. If an organisation has been granted the status of a charity, it is right and proper for it to be held to account for its behaviours and that of its trustees—we discussed that on Tuesday—and for its outcomes. That is as true for an educational charity as it is for any other.

Is there a little bit of mischief-making in the tabling of the new clauses? Yes, there is the cost of £700 million, but the taxpayer is also saved a cost in that the education of 500,000 children is paid for by individual parents, so the additional money is engaged in the system.

It is well documented that schools at the apogee, such as Eton and Wellington College, rightly sponsor local state schools and do all manner of things as part of their outreach. They teach older people computer skills, work with local primary schools, and cascade and absorb good practice—from the independent sector to the state sector and back into the independent sector from the state sector. It should be remembered, however, that 55% of all independent schools have fewer than 350 pupils, which means that it is not commercially viable for them to outreach all their systems to fill those gaps.

Incidentally, my children were educated nowhere near a private school. If we accept the new clauses, for those who are not fortunate enough to live near a well equipped private school we have created nothing but another two-tier system. Also, 28.7% of pupils educated in the independent system are from minority ethnic backgrounds, which is a higher proportion than in the state system.

A local example in my constituency is South Lee school. A new sports facility was required, and without prescription or any of the new clauses, the school set up a community interest company, working with my borough council, a charity called Sporting 87 and Bury St Edmunds cricket club. A community use agreement with the council kept rates for use affordable. The school uses the facilities during the day in term time and allows other schools to use them if possible. Everyone in the community is involved and at the weekends, evenings and in the holidays, it is fully used by tennis clubs, archery clubs, cricket and so on. Everybody gains.

[Maggie Throup]

Does my hon. Friend agree that the new clauses would undo a lot of the hard work that has been done to create partnerships between independent schools and the state sector? Forcing specific types of partnerships might undo all the good that is being done and would be detrimental.

[Jo Churchill]

I could not agree more—it is not always necessary to tell people how to behave well.

The school has forged great community links and the council and people in my constituency got another sports ground for very little investment. It helps social cohesion and health outcomes, among other things, as the hon. Member for Redcar alluded to.

My underlying belief is that people should be allowed to choose what is right for themselves and their family. The clauses would legislate choice and good behaviour out of the system to a degree, and that is regressive. Indeed, if my memory serves me correctly, the hon. Member for Hackney North and Stoke Newington (Ms Abbott) chose to send her son to a private school. As a mother, I can understand her need to make that choice about what is best for her child. Should we deprive others of that choice? I do not think so, but the new clauses could begin to do that.

The worry is that the clauses will not allow small schools that offer specialisms in areas that the hon. Member for Redcar discussed to continue to do so across the board, particularly for gifted music scholars, those who are talented at sports and budding linguists. All have benefited from education in the independent sector. Many of these schools offer bursaries and 100% scholarships to youngsters whose parents would not normally be able to afford the fees. Similarly, and of the utmost importance, some of the best education for our children with dyslexia or autism occurs in the independent sector, easing the burden on state schools to provide special needs support.

[Peter Kyle]

As an acute dyslexic, I understand the benefits that can be bestowed on students who are lucky enough to have parents who are able to send them to such schools. Does the hon. Lady accept that she is citing best practice in the private schools sector, and that the new clauses seek to extend best practice throughout the whole sector?

[Jo Churchill]

No, I am not. I am standing here and saying we must be allowed to choose. I am the mother of four children, two of whom are acutely dyslexic. They have both been educated fully in the state system at a school that is excellent. What I am saying is that independent schools must be allowed to function as they see fit and to pay back in a way that is appropriate; the Charity Commission will be the regulatory body, as will Ofsted and the ISI. An organisation cannot be compelled to devolve out, because all that will do is create yet more unfairness.

Independent schools are often a vital resource, depended on by local authorities. That has to be considered, because we cannot account for all the specialisms. Many local authorities use such provision to help disadvantaged children to get on. More than 66,000 pupils in the independent sector have special educational needs. For that reason, we should be very cautious of doing anything that ties the hands of schools.

I believe that we should empower school leaders—and I mean all school leaders. Leaders in this sector often assert that the clear vision, ethos and purpose on which they are founded and the freedom to deliver allows them to excel. That should be there for all schools to allow them to bring rounded people into society who have the same fair chance at everything.

All schools with charity status currently have to demonstrate a charitable purpose. A strong Charity Commission will hold them to account. It should not be for us in this place to over-regulate. There are excellent examples of this Government promoting schemes that help, such as the National Citizen Service. My children attended the scheme with children from the independent sector and children who had been in dire straits with different authorities. All went on the scheme together, which allowed them to learn, experience and become well rounded.

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[Jo Churchill]

There is no point. First, smaller schools, which make up more than half the number of independent schools, could not afford to put on a programme on such a vast scale. Secondly, a scheme exists to get social mobility between different areas and have children learn from each other. I am worried by the over-prescription of this measure and the need to regulate something that does not need to be.

I feel able to comment as somebody who believes in choice. The choice I made for my four children was to educate them entirely in the state system. The point at which they had any degree of paid provision was when they were in nursery. As they were all born during the previous Labour Government, I could not access any provision I did not pay for.

[Peter Kyle]

There is less now.

[Jo Churchill]

That is not actually the case. With the extension of provision to two-year-olds and three and four-year-olds, there will be considerably more than I was granted.

After many years as a school governor at a high-achieving secondary school in the state system and a primary school for those with special educational needs, I believe that independent schools have to abide by the obligations placed on them, and the Charity Commission is there to do a job. To prescribe their behaviour further is not only unnecessary but may well force small specialist schools out of existence due to the red tape and cost of administration. It is nothing to do with what they deliver.

These proposed new clauses are ill considered and should be rejected. They will not give any of us what we all desire, which is an excellent education for all our children, so they become well rounded individuals who can contribute to society and have an equal chance of doing what they wish.

[Mr Wilson]

I start by congratulating my hon. Friend on her excellent speech, which was clearly based on an enormous amount of personal knowledge. I also thank all Members of the Committee for their contributions over the past four or five sittings. We have had an excellent Committee stage, where we have given the Bill a rigorous check on what it should and should not do. I look forward to Third Reading and Report.

I agree that we should do more to promote stronger partnerships between independent and state schools. Where I differ from Opposition Members is in how we go about that. We should recognise that many strong partnerships already exist, as my hon. Friend and other hon. Members have said, and they are growing in number and impact.

Before I go into detail, I want to clear up a point the hon. Member for Redcar made about Lord Moynihan’s views. Lord Moynihan actually agreed with us that encouraging charities to do more to share facilities was a better approach than legislating to force them to do so. That ought to be on record so as to make clear Lord Moynihan’s views.