Children and Families Bill

Jo Swinson Excerpts

Monday 25th February 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

I am delighted to respond to this debate and, alongside the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), to be introducing legislation on issues about which I am so passionate. It is a pleasure to have heard all the contributions by hon. Members from across the House, and I welcome the general warmth and support for the Bill. Its measures are diverse, but they are united by the guiding principle of bringing about real, radical and positive change for children and families.

In the time available, I will respond to some of the specific points raised but, as, wonderfully, we have heard from 34 Members, I will not be able to address every point. We may perhaps hear further from some Members in Committee, including my hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who was so concise in her remarks. Clearly, the House contains a lot of expertise on these issues and we will have interesting discussions in Committee.

Many hon. Members spoke about the reforms to special educational needs, and I, too, wish to pay tribute to my hon. Friend the Member for Brent Central (Sarah Teather) for the work she did to start this reform process, which has of course been continued by the Under-Secretary of State for Education. I also thank all those who got involved in pre-legislative scrutiny, particularly the Education Committee, as that process was a good example of how the House can improve legislation before it becomes a full Bill. I welcome the broad consensus on many of our SEN measures, particularly the support for a statutory framework that works for children and young people from birth to 25. We, of course, look forward to further discussions in Committee, but I wish to say that if any hon. Member was in any doubt about the intention of the Bill, they should look at clause 19 for the key founding principles on which the SEN provision will be based.

The Chair of the Education Committee, my hon. Friend the Member for Beverley and Holderness (Mr Stuart), made specific mention of the local offer and the Under-Secretary’s use of the term “common framework”. The regulations will provide the common framework for local offers, setting out all the things they should contain. That will bring consistency and will enable provision in local areas to be compared, and I am sure that will be welcomed. As my ministerial colleague has mentioned, we will be providing indicative regulations for the Committee, so that we can have a fuller discussion at that time.

On the issues of family justice, we heard from the Chair of the Justice Committee, my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), and from the former Home Secretary, the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), who brought us his personal experience, memorably talking about the nightmare of the family courts. It is important that we hear that direct experience. I also note the comments by the former children’s Minister, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who eloquently put the case that the needs and welfare of the child remain of paramount importance. I know that some hon. Members expressed concern that the paramountcy principle will be undermined, but I wish to reassure the House that the relevant clause has been drafted with the express intention of not diluting that principle, which is so important, as has been said.

The hon. Member for Stockport (Ann Coffey) raised the horrific example of the experience of a young child victim of abuse giving evidence and the traumatic way in which that took place. We take this issue very seriously, and we will certainly bring that to the attention of Ministry of Justice Ministers in order to raise the point she makes. Such issues have been discussed recently; the Under-Secretary has been holding round table meetings on tackling child sexual exploitation. So we are aware of those issues and she is right to raise them.

The hon. Member for Liverpool, West Derby (Stephen Twigg) asked for reassurances about the details of our plans for childminder agencies. We will be setting out more detail, including some draft regulations, in Committee. Introducing agencies is about increasing choice for parents; no childminder will be forced to join an agency and parents will vote with their feet, choosing the childminders or other child care offering the best quality and value for money. Let me just set out the context. In the past two decades the number of childminders has almost halved. That is a real problem on the provision we need to secure for parents. Agencies will help us to increase that provision, which is much needed, and, especially, to give the greater flexibility that many parents increasingly need for out-of-hours child care provision, too.

The hon. Member for Hackney South and Shoreditch (Meg Hillier) raised the issue of the sufficiency duty, and I wish to clarify the position in case there has been any misunderstanding. Our proposal is to repeal the requirement for local authorities to conduct an assessment of the sufficiency of child care in their area in very specific terms. However, the duty to secure sufficient child care remains—it is in section 6 of the Childcare Act 2006—and to meet that duty, authorities will need to collect data on supply and demand. We are repealing the bureaucratic requirement to create a specific document and publish it.

The issue of staff-child ratios in child care is not dealt with in the Bill, but as it was raised by more than one Member today, let me say that our focus is on quality rather than quantity. We are consulting on the proposal, and in particular on what levels of qualification would unlock higher ratios. I encourage the hon. Member for Hackney South and Shoreditch, and any others who are particularly interested in the subject, to contribute to the consultation.

While welcoming the Government’s plans to extend the right to request flexible working, the hon. Member for Manchester Central (Lucy Powell) expressed concern about the move to guidance. Let me reassure her, and other Members, that we want to make the process simpler and less bureaucratic for employers and employees alike. I was rather horrified when, having arrived in the Department and asked what the procedure was, I was shown a flow chart featuring eight separate steps with periods of 28 or 14 days elapsing between them, the total amounting to 84 days. Far too much bureaucracy was involved in what should be a straightforward and simple set of discussions between employers and employees. We are replacing that with two pages of common-sense, straightforward guidance, so that everyone will know where they stand. I think that that move should be welcomed.

These reforms are long overdue. They address systems that are old-fashioned and out of step with the needs of children and the wishes of modern parents. The needs of children will be put where they rightly belong, at the heart of the services that support them. In the Children’s Commissioner, children and young people will have a strong and independent champion. Children for whom adoption is the right option will be settled more quickly in a safe and loving home. Unnecessary and damaging delays will be driven from the family court system. The most radical reforms of the special educational needs system in 30 years will raise aspirations and put children, young people and their parents at the centre of decisions. Child care will be more widely available and of better quality, helping parents to juggle their work and family lives.

Perhaps because there has been general agreement on the subject, we have not heard a great deal today about the shared parental leave plans, but they constitute a radical reform. Mums and dads will have freedom to choose how they share time off after having a baby or adopting. As every parent knows, having children brings both joy and plenty of challenges. Our changes will let families get on with sharing the care responsibilities in whatever way works for them, replacing rigid rules based on an outdated stereotype that assumes that men are the breadwinners and the role of women is to stay at home and look after children.

By extending the right to request flexible working to all employees, we will help families in the widest sense, while also removing some of the workplace resentment about the different rights that exist for parents and those without children. We will also help the economy to benefit from a more flexible, committed and productive work force. Changing the culture of United Kingdom workplaces to embrace flexibility is good for employers and good for workers.

At the heart of the Bill are two simple changes. We are giving families real choice and flexibility in relation to the decisions that affect them, and we are ensuring that services focus consistently on the best interests of the children who need them. This is a Bill that will make real, long-lasting changes, and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Children and Families Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Children and Families Bill:

Committal

1. The Bill shall be committed to a Public Bill Committee.

Proceedingsin Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 23 April 2013.

3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.—(Nicky Morgan.)

Question agreed to.

Children and Families Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Children and Families Bill, it is expedient to authorise the payment out of money provided by Parliament of—

(1) any expenditure incurred by a Minister of the Crown or a government department by virtue of the Act, and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Nicky Morgan.)

Question agreed to.

Children and Families Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Children and Families Bill, it is expedient to authorise—

(1) provision in connection with residence and contact orders being replaced by child arrangements orders; and

(2) the payment into the Consolidated Fund of any increase attributable to the Act in the sums payable into that Fund under any other Act.—(Nicky Morgan.)

Question agreed to.