Education (Guidance about Costs of School Uniforms) Bill

Lindsay Hoyle Excerpts

Report stage & 3rd reading
Friday 12th March 2021 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move amendment 2, page 1, line 5, after “must” insert

“within six months of this Act coming into force”

This amendment will ensure that the guidance has to be issued within a specific time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 3, page 1, line 9, leave out

“the Secretary of State considers”

and insert “are”

This amendment will introduce an objective test of relevance in place of a subjective test.

Amendment 4, page 1, line 10, at end insert

“including price, quality, design, place of manufacture and country of origin.”

This amendment will ensure that these aspects bearing upon costs are addressed in any guidance.

Amendment 1, page 1, line 10, at end insert—

‘(2A) But guidance issued under this section must include guidance on—

(a) ensuring there is an adequate market for second-hand uniform where that uniform is provided new by a single supplier, and

(b) establishing a hardship fund for the parents or guardians who struggle to meet the cost of providing uniform for their children.”

Amendment 5, page 1, line 10, at end insert—

‘(2A) Any guidance issued under this section must include advice on ways of minimising the payment of Value Added Tax as a component of the cost of school uniforms.”

Amendment 6, page 1, line 11, leave out “must” and insert “may”

This amendment will enable the appropriate authority to exercise its discretion as to whether or not to have regard to the guidance.

Amendment 7, page 1, line 12, leave out “developing and”

This amendment will restrict the guidance to policy implementation.

Amendment 8, page 1, line 12, after “developing”, insert “, publishing”

This amendment will require appropriate authorities to have regard to publishing requirements in the guidance about costs of school uniforms.

Amendment 9, page 1, line 14, leave out “from time to time” and insert

“, no sooner than five years after the first guidance is issued under this section,”

This amendment will ensure that any guidance remains in place for at least five years.

Amendment 10, page 1, line 18, leave out paragraph (b)

This amendment would exclude an alternative-provision Academy from the provisions of the Bill.

Amendment 11, page 1, line 21, leave out paragraph (d)

This amendment would exclude a non-maintained special school from the provisions of the Bill.

Amendment 12, page 2, line 1, leave out paragraph (e)

This amendment would exclude a pupil referral unit from the provisions of the Bill.

Amendment 13, page 2, line 3, leave out from “school” to “the proprietor” in line 4

This amendment is consequential on Amendments 10 and 11.

Amendment 14, page 2, line 6, leave out paragraph (c)

This amendment is consequential on Amendment 12.

Amendment 15, page 2, line 6, at end insert—

‘(7) Before issuing any guidance under this section, the Secretary of State must consult the National Governors Association, the Parent Teacher Association UK and representatives of the different categories of relevant school.”

Amendment 16, in clause 2, page 2, line 9, leave out “two” and insert “six”

This amendment will ensure that any guidance under this Act will not apply to the 2021/22 academic year.

[Sir Christopher Chope]

My opening remarks will, as ever, be brief. First, let me say how wonderful it is that we have Friday sittings back, and I am grateful to you, Mr Speaker, and to the Leader of the House for having facilitated that. I understand that Her Majesty’s official Opposition were keen that we abandon Friday sittings, so I hope they have now realised that there is a virtue in this, not least because some of the Bills on today’s Order Paper are being promoted by Opposition Members. Let us welcome that and put it on the record.

I wish to speak to the amendments standing in my name and those of my hon. Friends the Members for Wellingborough (Mr Bone) and for Shipley (Philip Davies), and to amendment 1, which stands in the name of my hon. Friend the Member for Wellingborough. The essence of this Bill is something that everybody in the House supports; after all, who wants the cost of school uniforms to be higher than it needs to be? I support the idea that we should have good-quality school uniforms at a competitive price, available throughout schools in England. That is the purpose of the Bill, and the hon. Member for Weaver Vale (Mike Amesbury) and I are ad idem on that.

The hon. Gentleman will probably therefore agree with my amendment 2, which is designed to put an end date on what appears to be the Government’s prevarication in getting on with the job. They were first talking about introducing statutory guidance on the cost of school uniform many years ago—back in 2015, if I recall correctly. Since then, not must progress has been made and we are now relying on the hon. Gentleman’s Bill. Again, I congratulate him on having brought it before the House.

The purpose of this amendment is to try to ensure that we get on with it, which is why the amendment proposes that the Secretary of State “must” issue guidance

“within six months of this Act coming into force”.

It is a pity that we have not had the draft guidance already. It was exactly one year ago tomorrow that the Bill was debated on Second Reading, and almost six months after that it had its Committee stage. A further six months on from that, so one year after it was first debated, the Government are still saying that they are intent on bringing forward statutory guidance but have not yet produced even a draft. When this issue was raised in Committee, the Minister for School Standards said that it was his intention to get on with it and that he would be consulting people as soon as possible about it. I interpreted that to mean he would be getting on with consulting on the draft statutory guidance, as that is often the norm in this House. While the House is considering—[Interruption.]

[Mr Speaker]

Order. An hon. Member should not walk in front of another Member who is speaking. Please, let us show courtesy to each other.

[Sir Christopher Chope]

I am all in favour of that. Thank you, Mr Speaker. That is another example of why we need to get back to normal sittings in this Chamber, so that people become more familiar with the way we normally work.

[Mr Speaker]

I do not think we need to debate that.

[Sir Christopher Chope]

Thank you, Mr Speaker. I am going to re-emphasise my frustration, which I am sure is shared by the promoter of the Bill, about the fact that we have not yet seen the draft guidance. Once the draft guidance is produced, it will need to be the subject of consultation, and the Minister has committed to doing that, with the various stakeholders.

The guidance needs to be produced within six months of the Act coming into force. My right hon. Friend the Minister said in Committee that he did not want to be tied down to a particular date because he thought that would be too constraining. I can understand that, but unfortunately the worst fears that lay behind the questions put to him now seem to be being realised. We assumed that getting on and producing the guidance was a top priority of my right hon. Friend’s Department. In Committee, he referred to some of the key ingredients that he expected to be in the draft guidance—namely, exactly the same provisions as are in the current non-statutory guidance, which was last issued in 2013. It does not seem as though an exacting demand was being placed on him by the Committee or, indeed, that he was placing one on the shoulders of his officials, so it is disappointing that that has not yet happened. It is therefore important to put in the Bill an end date or a timescale within which the guidance must be issued. That is the purport of amendment 2.

I hope it will be convenient for Members if, instead of going through all the amendments one by one in the order in which they appear on the amendment paper, I jump ahead and go straight to amendment 5, which goes to the heart of one of the issues that I raised on Second Reading a year ago, for which I got a lot of support from the hon. Member for Weaver Vale, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and others.

Amendment 5 says:

“Any guidance issued under this section must include advice on ways of minimising the payment of Value Added Tax as a component of the cost of school uniforms.”

The issue of VAT is solely within the remit of the Government, and VAT is adding 20% to the cost of a heck of a lot of school uniforms. Although we are going to issue guidance to governing bodies, which we say is very important, on the price and quality of school uniforms, the Government have the ability to reduce, at a stroke, the cost of school uniforms by 20% for all those people adversely affected by the current VAT rules. That would not have been possible before we were liberated as a legislature by our leaving the European Union.

I introduced a private Member’s Bill—I cannot remember whether it was in this Session or the previous one—to reduce value added tax. Although it was a financial Bill, I was delighted that, because it would have reduced the burden of taxation, it was within scope for private Members’ legislation. I would have tabled an amendment to this Bill along similar lines, had that been in scope, but unfortunately it would not have been, because it has a very narrow title about guidance to schools. Had the scope of this Bill been slightly wider, I would have tabled an amendment that would have removed VAT from all specific school uniforms, and I am sure that it would have received almost unanimous support in the House. As I cannot do that, I have engendered this debate by saying that included in the guidance should be a reference from the Minister to how schools and governing bodies can minimise the impact of VAT.

I will refer briefly to a BBC reality check. I do not know whether you look at these things, Mr Speaker, but this is a very helpful one. It asks:

“Why is VAT charged on school uniform?”

It goes on to say:

“For older children—or those who are taller than average—”

I will come on to the issue of waist size in a minute—

“school uniforms, as well as all other clothing and shoes, attract the full standard VAT rate of 20%. Reality Check explores why these families are paying more and why successive governments haven’t acted.”

--- Later in debate ---

It may be helpful to the Government to be reminded that it is currently possible to get around the rules for people aged up to 14, irrespective of their size and waist measurement, by making it clear that the uniform is exclusively for the use of under-14s. This is the type of advice that I have in mind that the Government should be producing in the revised statutory guidance. The zero rate applies to organisations such as Beavers or Brownies for the clothing items that form the uniform, regardless of the size, as long as those organisations cater exclusively for the under-14s. It would, for example, be possible for a school to specify that uniform—

[Mr Speaker]

Sir Christopher, I hate to interrupt. I recognise the theme, but I think we can both say that Beavers would never be of an adult size. We are not comparing like with like, because there is an age where children go to the next stage in Brownies and Guides—it is the same with Scouts and the Cubs movement—so they cannot be of a size where that would be applicable. As you rightly say, that is applicable to school uniforms that are of an adult size. We would agree—you are absolutely right—that the theme is about the size that uniform comes in, but I worry about trying to compare with something that could never happen.

[Sir Christopher Chope]

I understand the point that you are making, Mr Speaker. I am drawing attention to this because it actually does happen at the moment. As long as their uniforms are for those up to the age of 14, Beavers and Brownies are able to provide those uniforms free of value added tax, irrespective of the size—

--- Later in debate ---

[Mr Speaker]

I must not have explained it correctly. I think that at the age of seven, eight or nine, children cannot continue, and they go to the next stage within the branch of the organisation. It is a bit like infant school, junior school and high school. That is all I am trying to say. We are getting bogged down in something that would not be applicable.

[Sir Christopher Chope]

My final line of defence is that this is taken from the BBC’s reality check, and it sounds as though that needs to be revised in the light of your helpful and constructive comments, Mr Speaker.

The final point I want to make on this aspect is that there was recently a survey—it was highlighted in The Guardian, of all newspapers, but the reference I have is from the Press Association—that showed the waistline spread of UK children. I will not go into the whole detail of it, but the survey found that back in 2011, an average 11-year-old girl was 148.78 cm tall compared with 146.03 cm in 1978—an increase of 2.75 cm over that time—but her waistline was 70.2 cm on average, compared with 59.96 cm in 1978. We are talking about an average 11-year-old girl, and the average has probably gone up since 2011, but the limit beyond which the waistline of a garment is subject to VAT is only 69 cm, which shows that the current VAT limit for the waistline measurement of a piece of clothing is well below the average waistline of an 11-year-old girl. That is another example of the way in which the current VAT rules have introduced a sort of stealth tax upon parents who are trying to pay for school uniform.

This amendment is designed to ensure that these issues are addressed by the Minister when he puts out statutory guidance, with advice included in that guidance to schools on how to get around it. Obviously that advice to schools might change if the Government were to accept my advice—and, I am sure, the advice of the whole House—and intervene now to take away the burden of value added tax on school uniforms, thereby reducing the price of school uniforms for everybody affected. I put that in at the beginning of my remarks because I thought it was sensible to set it in context. Obviously, we want to maximise the quality and minimise the price. Everything that follows in relation to this guidance and this Bill is in a sense subordinate to the point I have made, because the issue of VAT is solely within the control of the Government, and I think if the Government acted on it, that would be very popular.