Repeal of the Fixed-term Parliaments Act 2011

Lindsay Hoyle Excerpts

Thursday 23rd October 2014 Commons Chamber

[Sir William Cash]

With respect to the question of whether people outside know what we are doing, does my hon. Friend believe, as I do, that they are now much more in a fog than they were because of the identity of the Conservative party being lost in this amorphous coalition—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. There have to be short interventions. Sir William, you have already had a speech. We do not want you to make another one. A short intervention was all that Mr Drax needed.

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[Mr Gyimah]

I thank my right hon. Friend for that point, which comes as no surprise to me. He would agree that when we got into government we had to fix an almighty mess and rectify a big mistake—the last Labour Government—hence the legislation that we have had to pass in this Parliament.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

For up to two minutes, I call Sir Edward Leigh.

National Minimum Wage

Lindsay Hoyle Excerpts

Wednesday 15th October 2014 Commons Chamber

[Robert Halfon (Harlow) (Con)]

On a point of order, Mr Deputy Speaker. On the “Daily Politics” programme today, the shadow Education Secretary said that I had made the case for not paying disabled people the minimum wage. I have campaigned strongly for increases in the minimum wage, very much along the lines set out by my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) a moment ago, so I find that assertion quite incredible. While I have been sitting here, I have seen a text from the shadow Education Secretary acknowledging that it was not me who said that, but the problem is that millions of people will have seen what he said on television. I am a passionate supporter of the minimum wage, especially for disabled people. Mr Deputy Speaker, will you ask the shadow Education Secretary to come to the Chamber to correct what he said, and to apologise for it? Otherwise, the people who watched that programme, including my constituents, will believe that I hold those abhorrent views.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That is not a point of order for the Chair, as the hon. Gentleman will be well aware. However, his comments are on record for everyone to read, and everyone in the Chamber has heard them. He has also told everyone that he has received an apology. He has certainly ensured that his position as a supporter of the minimum wage for disabled people has been maintained.

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[Ms Buck]

We heard from the Chancellor at the Tory party conference about what he wanted to do in that area. We are yet to have any specific proposals brought to this House and we will consider them when they are put in front of us. When we were asked to vote in favour of a freeze on tax credits—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The hon. Members for Bedford (Richard Fuller) and for Streatham (Mr Umunna) should listen to the hon. Lady.

[Ms Buck]

When we were asked to consider what the Government’s freeze on tax credits was going to do in the earlier part of this year, we drew attention to exactly that fact and opposed the Government on that particular freeze for this year because we knew it would hit working people. We hear all the rhetoric from the Conservatives about work incentives, but we do not hear what impact that has on low-income working people.

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[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Let me just say that if Members stick to 10 minutes each, I will get all five speakers in, because I want to bring in the Front Benchers at 20 minutes to 4.

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[Dr Whiteford]

Absolutely.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. For the sake of accuracy, the hon. Member for St Albans (Mrs Main) made that point earlier and it has been dealt with. The hon. Member for Harlow (Robert Halfon) certainly did not say that.

[Dr Whiteford]

Thank you for that clarification, Mr Deputy Speaker. The first I heard of those outrageous slurs on the hon. Member for Harlow was today, but I hope that the record has been put straight and that he will continue to put it straight. I would feel much happier, however, if Government Members would dissociate themselves more firmly from what Lord Freud has said.

[Richard Fuller]

On a point of order, Mr Deputy Speaker. This is my first point of order so please give me some forbearance. At what point is it orderly to refer to comments that have not been made in this House and at what point is it not orderly to do so? Comments have been made about one Minister in one location, and other comments have been made about a Member of Parliament in another location. Which is orderly and which is disorderly to refer to here?

[Mr Deputy Speaker]

First, we are not going to worry about the Chair’s decision. My decision—I will be quite clear—is that a peer from another place has been mentioned, but I do not want to get into a debate about something that has been over the airwaves relating to two Members. That issue has been clarified in this Chamber and by another Member. I do not want the debate to centre on that. This is a debate, as we know, about the minimum wage and support for people.

[Dr Whiteford]

I want to dwell on equality, because we must remember that the vast majority of people in minimum wage jobs are women. Issues of ethnicity and disability often compound those of gender inequality. Minimum wage jobs are overwhelmingly done by women who are in part-time positions because of their caring responsibilities. Such women are often in sectors with far too much gender occupational segregation, such as cleaning, catering and cashiering. They often have temporary and insecure jobs, and they often work antisocial hours. Other Members have mentioned the problems of exploitative zero-hours contracts.

We cannot separate from this debate the huge impact of gender inequality on wages in this country or dissociate it from child poverty and its long-term impact on our society, which was discussed earlier. We know that children who grow up in deprivation are likely to need the heath service more, to have lower educational attainment and to have much worse job prospects in the long term. Unless we are prepared to recognise that people deserve a living wage to support their families, we cannot begin to tackle the inequality that so dogs our society.

I want to touch on the difficulties of enforcing the minimum wage, which other Members have mentioned. This year, the Low Pay Commission has taken evidence in my constituency, where a significant number of people are in low-paid jobs. Although unemployment is very low in Banff and Buchan—about 1%—a very high proportion of people earn less than the living wage. The vast majority of employers respect employment law and pay at least the minimum wage, but people have nevertheless brought me reports of being paid less than the minimum wage. That issue is extremely difficult to address.

I have been made aware of cases of people involved in the so-called informal economy, as well as in the service sector. They may not have a contract and may not have received pay slips. They know that they are being short-changed and that, in relation to national insurance, they could be losing out on their pensions in the longer term. They are also short-changing Her Majesty’s Revenue and Customs and the rest of us. However, they are reluctant to put their heads above the parapet because they need their job and do not want to jeopardise what little income they have. In a close-knit rural community, they also do not want to be labelled a troublemaker.

Beefing up local authorities’ powers might help, but that is not a real solution. In theory, employees who are being paid less than the minimum wage can pursue legal action against their employer or take them to a tribunal with every likelihood of success, but the reality is that somebody paid less than £6.50 an hour is very unlikely to have the financial means to access the tribunal service or take on the associated legal costs. That is wholly unrealistic, and I hope that the Minister will address that issue and suggest ways round it when she responds, particularly given the changes that the Government have introduced.

[Dr Whiteford]

I am grateful to the Minister—it is very helpful to have that phone number on the record—but my experience, having helped constituents in such a way, is that nothing changes. The Government need to do more on this to make people feel confident about asserting their rights.

I want to wind up quickly by saying that we have reached a situation in the UK where people in low-paid work—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I just help the hon. Lady? I have been very patient. She has now spoken for 14 minutes. To be serious, I do not think that that is doing justice to other Members. I am very patient, but she needs to get to the end.

[Dr Whiteford]

I was just bringing my remarks to a close, Mr Deputy Speaker, but it is important to say that the minimum wage has the potential to lift people out of poverty. I hope that this Government and whoever the next Government are will take such an opportunity.

Infant Class Sizes

Lindsay Hoyle Excerpts

Wednesday 3rd September 2014 Commons Chamber

[Chloe Smith (Norwich North) (Con)]

Thank you for calling me, Mr Deputy Speaker. I, too, had expected that my colleague would be present to seek to catch your eye; I am sure he will be on his way back to the Chamber in a matter of seconds.

It is the right time of year to begin my comments by wishing well all those children who are starting their schooling this week or very soon, and starting, in some cases, in an entirely new school. For both parents and children it can be a daunting time of year. I also wish very well all those slightly older students who picked up results this summer, and I am sure, Mr Deputy Speaker, you would join me in that, as I am confident do those on the Government Front Bench.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Yes, I certainly would.

[Chloe Smith]

Quite right, Mr Deputy Speaker.

Parts of Norwich North have a rising birth rate, and therefore, as a local MP, I have already been active on this problem on my constituents’ behalf for some time, and have been working with schools, parents and the local authority to look into what needs to be done. I welcomed, therefore, the increase in funding for school places—£33 million for Norfolk school places in particular. Dare I say it, that is a better figure than for our neighbouring county, Suffolk, and for Cambridgeshire. But of course I welcome that increased funding for Norfolk because it is in keeping with what this Government have done to put right the inequalities in funding that Labour left behind.

Labour did not do well in Norfolk. It did not help schools there to beat the bulge. As we have heard many times today, Labour is the party that cut 200,000 primary school places in the middle of a baby boom. That had an impact on Norfolk. Labour is the party that failed to adjust the funding formula in a way that would be fair to rural counties and would have been fairer to my constituency. We, in government, have done those things and I congratulate those on the Front Bench on doing so.

As I said, I have worked with infant and junior schools in the north city area of my constituency over several years on the issue of planning sensibly for the local bulge in births. I welcome the fact that councils now have a three-year allocation of funding for the first time. I welcome the foresight that comes with that type of decision. It allows Norfolk county council, like any other education authority, to plan ahead and to ensure that every child has a school place. I urge my local authority to continue doing that planning. Only this week I contacted the local authority to highlight the fact that the latest information that I have received from Norfolk county council shows that 17 of the 25 infant, junior or primary schools listed in my constituency are forecast to exceed their current capacity.

We could turn that sentence several ways around. We could talk about “forecast to exceed their current capacity” or we could talk about the schools needing to provide more places for local children. The Government have put the funding in place for that to happen and I welcome that greatly. I think it stands in stark contrast to the attitude of those Labour Members who lost sight of what their own Government did, cutting 200,000 primary school places in the middle of a baby boom while letting immigration soar. It stands in great contrast to the actions of that party in failing to give Norfolk a fair funding formula. I also think, for what it is worth, that it stands in great contrast to what some Members, notably the right hon. Member for Salford and Eccles (Hazel Blears), seem to think of Norfolk, and I suspect that my hon. Friend the Member for Ipswich (Ben Gummer) agrees with me. We were dumbfounded to hear the right hon. Lady, who is not in her place—perhaps she is in another television studio, saying the same thing right now, actually—

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[Kevin Brennan]

On a point of order, Mr Deputy Speaker. I intervened to give the hon. Lady an opportunity to clarify for the House whether she had informed my right hon. Friend the Member for Salford and Eccles that she planned to refer to her comments. It was not clear from the hon. Lady’s remarks whether she had. Could you confirm that it is normal practice for hon. Members who wish to refer to other hon. Members in that way to observe the usual courtesies?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It is up to the hon. Lady whether she wishes to answer, but it is normal courtesy to let an hon. Member know if you are going to mention them or their constituency.

[Chloe Smith]

I welcome your guidance, as always, Mr Deputy Speaker. In this case I shall be happy to go and address the matter directly with the right hon. Member for Salford and Eccles. Her comments are, of course, already a matter of public record, having been repeated on various media outlets this week.

I come back to the current Labour party and its views on parents, parental choice and free schools. It does not accept that parents want better for their children. It does not accept that parents want the security of the best possible education they can find for their children. I do not think that it accepts that we ought to have higher ambition for many of our children. Data released in June show that Norwich, my city, has been the worst city in England for GCSE results. That is a shocking statement—

[Mr Deputy Speaker]

Order. The debate title is “Infant Class Sizes”. I have been very lenient and allowed some latitude, but that does not mean that we can concentrate on GCSE results. [Interruption.] Order. Mr Fuller, you should know better than to point while I am in the middle of giving good advice. Let us keep the debate to the subject of infant class sizes, and I will allow some latitude, but not too much.

[Chloe Smith]

Thank you, Mr Deputy Speaker. I welcome your advice. The topics are linked because they relate to what a local authority can do for the children under its care, and I am coming to the subject of Norfolk county council. Labour Members laugh. They should be ashamed to the depths of their souls to be heard laughing at the children of Norfolk. The hon. Member for Cardiff West (Kevin Brennan) should come to Norfolk. No doubt he would campaign against me if he did, but he would have to justify laughing at the point that I am trying to make, which is that over half of Norwich 16-year-olds recently left school without five GCSEs at grades A* to C including English and Maths. Perhaps he laughs at the future that awaits them; perhaps he laughs at the idea that those are not only figures but real people; perhaps he laughs at the idea that those people may now struggle to gain a job and that some of them may not be able to read, write, add or function very well. That is all extremely serious.

This is about the ambition that we have for our children. It is about how we manage the school system to allow for that ambition. All those children are being let down if we say that low ambition is acceptable.

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[Kevin Brennan]

On a point of order, Mr Deputy Speaker. My hon. Friend the Member for Leeds North East (Fabian Hamilton) mentioned the Secretary of State. Apparently, while our debate is going on, the Secretary of State is participating in a live video webchat with The Times Educational Supplement rather than attending the debate that she opened and listening to the remarks that my hon. Friend has just made. Is that within the courtesies of the House?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Mr Brennan, you know very well that that is definitely not a point of order. You know as well as I do that as long as there is a Minister on the Front Bench, that suffices for the debate taking place. We all want to get the speeches in, and I want to hear you later as well—in which case, let us get under way.

[Chris Heaton-Harris (Daventry) (Con)]

I am quite pleased that the Secretary of State is doing her job in articulating our excellent policies on education to the public of the United Kingdom. I hope that the hon. Member for Cardiff West (Kevin Brennan) informed the Secretary of State of his comments, as my hon. Friend the Member for Norwich North (Chloe Smith) informed the right hon. Member for Salford and Eccles (Hazel Blears) about raising her non-appearance previously.

I apologise, Mr Deputy Speaker, because I inadvertently did not catch your eye in the right order. I was not looking at you and did not bounce up at the appropriate time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Do not worry about it—obviously your chat was more important than catching my eye.

[Chris Heaton-Harris]

I can’t answer that, can I?

It is a pleasure to follow the hon. Member for Leeds North East (Fabian Hamilton). There have been a number of interesting contributions by Opposition Members, as well as a reasonable amount of confusion. I left midway through the speech by the hon. Member for Lewisham East (Heidi Alexander). I was agreeing with a lot of what she said until she got to the bit where she decided that free schools were a poisonous idea in the British education system. After this debate, and given what the shadow Secretary of State, the hon. Member for Stoke-on-Trent Central (Tristram Hunt), said, I would be fascinated to know what exactly the Opposition’s policy is on free schools.

My constituency is fairly well-off and has a very low unemployment rate—the long-term economic plan is working very nicely in Daventry, and I think most of my constituents want to make sure that it is a Conservative Government who keep that going after the general election —but it does have areas of rural deprivation and there are other needs. A group of parents got together because they want to form a free school for children of all ages with special educational needs. There is a need for such a school in my constituency and, indeed, the general area of my part of west Northamptonshire. I wonder whether the Opposition’s policy is to tell those parents and children who need special provision, “No; because you happen to live in what we perceive to be one of the better parts of the country, you can’t have that educational need.” That is a very dicey approach to policy.

It is a shame we have not taken a step back during this debate and considered educational needs across the country, because they are so varied in every location. I know that my constituency is remarkably different from many others.

I have the privilege of sitting on the Public Accounts Committee and I will make a few points with regard to that in a moment when I talk about class sizes. The Chairman of the Committee is a feisty Member of Parliament and represents Dagenham and Redbridge—[Interruption.] Sorry, she is Barking, isn’t she?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I don’t think she is.

[Chris Heaton-Harris]

God, I hope Hansard does not pick that comment up.

The right hon. Member for Barking (Margaret Hodge) is an excellent Committee Chairman: she is feisty and interrogates her witnesses very well. Occasionally we go on away-days related to the subjects we are considering. We looked at school places in 2013 and visited the right hon. Lady’s constituency to see the pressures that migration and immigration have brought to our country. We visited the Gascoigne primary school on the Gascoigne estate. I can honestly say that I was both shocked at the size of this second biggest primary school in the whole country and amazed by the quality of teaching being delivered by the teachers. Even though numerous languages were spoken at the school—I believe there were 70 of them at that particular time, but I might be wrong—and that one class had had a turnover of nearly 80% during the previous school year, a fantastic education was still happening. Although class sizes are very important—I guess this is the point I was trying to make to the hon. Member for Chesterfield (Toby Perkins)—so is quality teaching, and I saw some excellent examples of it on that particular day.

The pressures faced by that particular school and catchment area in Barking are so different from those in my constituency that I do not think it is possible honestly to say that a one-size-fits-all education policy will work for the two areas. More flexibility and more different types of schools—the more choice we give people—means we can provide a better education for the kids who go to school in Barking and in Daventry. Having exactly the same system is not the best thing.

School places is a very political subject. Members of the Public Accounts Committee get to read the odd National Audit Office report, which are excellent and provide us with lots of statistics, one of which I mentioned when I intervened on the shadow Secretary of State. It is true that the previous Government cut 200,000 primary school places in the middle of a baby boom, at a time when immigration and migration were soaring. The stat was from the report “Capital funding for new school places”, dated March 2013. The exact statistic was that

“the number of primary places fell by almost 207,000 (5 per cent) between 2003/04 and 2009/10.”

We are chucking statistics around, as we can in this debate—it is really easy to do in education—but they sometimes do not tell the whole story.

With a growing population, there will always be pressure on school places. The hon. Member for Leeds North East mentioned the baby boom that we have just had. To deal with that will require intense planning and investment in our education system in a very short period, and it would test any Government to match school places with population in those circumstances. To be quite honest, if we look behind the scenes at where this Government have already delivered some school places, we can see that although they could do better—every Government could do better—it is not doing as badly as he made out.

I am pleased that this Government are giving councils £5 billion to spend on new school places during this Parliament, which is double the amount allocated by the previous Government over a similar period. Some 260,000 new school places have been created under this Government. The majority, although not all, of them are where there is a shortage of places now. The population is growing in Daventry, as it is in urban centres: not all such places will be created in the places of highest need, because there is an equal need across the whole country.

I am very lucky to have a university technical college in my constituency. It gives a different type of education to secondary pupils, and it is doing remarkably well. It is in addition to the provision that already exists, but it is needed. We can see from the increase in the birth rate now that we will need such secondary places in the years to come. That sensible investment in education infrastructure is much needed by my constituents, but I understand that other Members will want to ensure that equal provision is made for theirs.

I do like free schools, because they add something to the mix. When the Opposition have a sensible debate on free schools, I hope in future that they will not just cast their eye over them and think, “It’s a Conservative idea, therefore it’s a bad one.” If we look at where the idea was spawned and where communities have been helped in America and Sweden, we can see that the schools—they are not what we would call free schools but the set-up is similar—have delivered an amazing level of education to pupils in areas of the greatest need. Free schools could be a part, if just a part, of the solution to some of the issues raised by Opposition Members.

Seven out of 10 free school places in this country have been created in areas of most need.

Children with Autism (Education)

Lindsay Hoyle Excerpts

Thursday 17th July 2014 Commons Chamber

[Mark Hendrick]

On a point of order, Mr Deputy Speaker. The Minister has just mentioned the fact that this is an adversarial system. Is it in order for the hon. Gentleman who has raised the debate today not to mention the fact that his daughter-in-law is the speech therapist in one of the cases that he has dealt with?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That is not a matter for the Chair. I am sure that we want to get to the end of the debate.

[Gordon Birtwistle]

My daughter-in-law is a professional speech therapist and is doing a great job for these people. What concerns me is that the staff at the county council briefed the hon. Member for Preston before hearing anything I had to say, giving the names of the children mentioned in the debate when I did not do that for a certain reason, and giving the names of the schools involved when I did not do that. I only mentioned Rossendale school. I am very disappointed by that and I believe that the parents listening to the debate will be somewhat concerned that the county council is briefing as it is.

In conclusion, I thank the Minister for his comments. I thank the Opposition Front-Bench spokesman, the hon. Member for Birmingham, Selly Oak (Steve McCabe), for his comments and I hope that what has been suggested works for the children of today and certainly for the children of tomorrow. This disease will not end; it will continue. I believe that we should support the young children who suffer from this appalling condition.

Question put and agreed to.

Resolved,

That this House has considered the provision of education for children with autism.

Royal Assent

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:

Supply and Appropriation (Main Estimates) Act 2014

Finance Act 2014

Data Retention and Investigatory Powers Act 2014.

Social Mobility/Child Poverty Strategy

Lindsay Hoyle Excerpts

Thursday 3rd July 2014 Commons Chamber

[Mr Graham Stuart]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. It might be helpful to say that it is up to the shadow Minister whether she wishes to give way. It is in the hands of Rushanara Ali whether she gives way or not.

[Rushanara Ali]

I will give way to the Chair of the Education Committee.

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[Rushanara Ali]

I am not going to give way. I want to conclude and let the Minister make his speech. If Mr Deputy Speaker says that I should give way then I might consider it.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It’s up to you.

[Rushanara Ali]

I will make some more progress and then I will consider giving way.

Apprenticeships are critical. The number of apprenticeships for 16 to 18-year-olds has actually gone down over the course of this Parliament. Although the number is beginning to go up for other groups, we want more apprenticeships for young people. I hope the Minister will consider why the figure is so low for 16 to 18-year-olds and what his Government will do to improve it.

The hon. Member for Beverley and Holderness (Mr Stuart) highlighted the challenges faced by those who do not go to university and are being left behind. I know he would not want to use the term coined by the leader of my party, “the forgotten 50%”, but whatever we call that group, this is a serious issue. Successive Governments have overlooked the need to ensure that young people have a world-class vocational, educational and training pathway into work or higher education, if they choose to go into higher education later on. We must all take action to ensure they have the opportunity to gain meaningful work and the skills they desperately need to avoid long-term unemployment, despair and hopelessness. It is important, particularly in times of economic downturn, that we do not lose out on their potential to make a contribution to our economy.

Child poverty and social mobility are of paramount importance. We have, as was evident from the reaction of Government Members to some of my comments, massive disagreements on how we get there, but we all want to get to the same destination: making sure that young people, whatever their background, can reach their full potential. We want to ensure that the barriers that can be removed, such as class, social connections and lack of opportunities, are removed whoever is in government.

We cannot have a situation in which so many children are in poverty and more are likely to be in the future. We need a step change to ensure that we eliminate poverty, not just halve it. If we want to reduce global child poverty, we need to practise what we preach here at home. I hope we can all agree that that is a task we must all work towards. We must ensure that we agree to do what we can to make sure that young people have the best possible opportunities. We need leadership, resources and investment in young people’s life chances to tackle those inequalities and barriers.

Did the hon. Member for Reading East (Mr Wilson) want to intervene? I note that he has been restless.

[Mr Rob Wilson]

I thank the hon. Lady for giving way and for being so generous with her time. I would like to take her back, briefly, to her comments on youth unemployment.

[Mr Deputy Speaker]

Order. I am sorry, but I just need to clear up this matter. It is up to the shadow Minister, the Minister and any Member to decide whether to give way. It is not up to the Chair and I want to keep out of any disputes that may arise.

[Mr Wilson]

I would just like to take the hon. Lady back to her comments on youth unemployment. From what she said we would not know that youth unemployment is falling rapidly. She did not state how the policies she is putting forward would make that fall more rapid than it is at the moment. What is the solution to making it fall even more rapidly than it is falling at the moment?

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 10th February 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Lords amendments 2 to 42.

Lords amendment 43, and amendment (a) thereto.

Lords amendments 44 to 72.

Lords amendment 73, and amendment (a) thereto.

Lords amendments 74 to 120, 126 to 149 and 151 to 157.

Lords amendment 158, and amendment (a) thereto.

Lords amendments 159 to 176.

[Mr Timpson]

It is a pleasure to set out to the House a number of Lords amendments. The changes will improve our reforms, and make a real and lasting difference for children and families. I hope Members will support them. I will try to be as succinct as possible in explaining each set of amendments.

Child Care

Lindsay Hoyle Excerpts

Tuesday 19th November 2013 Commons Chamber

[Jim Dobbin (Heywood and Middleton) (Lab/Co-op)]

On a point of order, Mr Deputy Speaker. I understand that a very serious incident has occurred in the Mediterranean today, when a Spanish naval vessel entered Gibraltar harbour. Is a Minister from the Foreign Office coming along to make a statement about what amounts to a very serious incident?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I have been given no notification that a statement is to be made, but I am sure that the Foreign Office is listening carefully to what has been said about such a serious incident.

I shall now impose an eight-minute limit in order to get all Members who want to speak into the debate. We will start with Jonathan Ashworth.

[Jonathan Ashworth (Leicester South) (Lab)]

Thank you, Mr Deputy Speaker. It is a pleasure to be called so early, not least because I have just returned from two weeks’ paternity leave.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Is the hon. Member declaring an interest in the debate?

[Jonathan Ashworth]

I will take your guidance, Mr Deputy Speaker. I am the father of a two-year-old toddler and now a two-week-old baby girl, as well, so perhaps I should declare an interest. [Interruption.] My hon. Friend the Member for Cardiff West (Kevin Brennan) asks me their names. My two girls are called Gracie and Annie, but enough about my family; let me move on to the substance of the debate.

Investment in child care is one of the most important sets of investment that any Government can make. I think it was my hon. Friend the Member for Manchester Central (Lucy Powell) who made the point a few weeks ago in one of the many articles she writes that we often talk about the importance of infrastructure investment—very topical at the moment, given the controversies over High Speed 2—and that child care should be viewed as an infrastructure investment. I entirely agree. Investment in child care is good not only for our future economic capacity, but for our children. That is what I shall focus on in my speech.

There is a general debate about how to raise the trend rate of growth in this country and how to rebalance the economy. We also debate how, if growth happens, it should be shared fairly and not snaffled away by the privileged few, as seems to be happening under this Government. Investment in child care must be an absolutely central part of building the economy of the future that we all want to see. I consider it to be one of the best social and economic investments that we can make. However, today I want to emphasise the benefits that it has for children.

I am sure all Members will agree that learning begins at birth. The first few years of a child’s life are critical to its development. Children need a stimulating, caring environment: they need opportunities to interact, to be talked to, to play, and to explore in safe surroundings. While I entirely accept that academic researchers differ on what is the right balance for a child between being in child care and being at home and that there are different conclusions to be drawn, it is undeniable that good-quality, affordable child care is central to a child’s development.

Both Front Benchers mentioned Baroness Morgan’s observations on preparing children for school. Academic evidence suggests that children who have experienced child care are much further ahead when it comes to development and readiness for school, but we also know that child care gives society an equality dividend. It helps women, in particular, to move into the labour market, but all too often they are priced out of that market by the cost of child care.

Ministers boast about the state of the economy, and say that we have turned the corner. Some top Tories even claim that they are on the glide path to victory, which I would describe as a brave and, indeed, arrogant prediction. In reality, however, the economic benefits that exist are not being shared. There is a huge squeeze on living standards, and hard-working people are worse off and therefore cannot afford child care. We know from the figures that 2 million children in poverty live in households containing a single earner, and that nine out of 10 of the workless partners are female. Securing good-quality, affordable child care and helping mothers to return to the labour market is one of the best ways in which we can make a significant dent in child poverty numbers. But what is the record of the present Government?

As the Minister knows, I have tremendous respect for her. I listen carefully to her speeches, and read a great deal of what she says. However, the fact remains that the cost of nursery places has risen by 30%, and Ofsted figures show that there are 35,000 fewer child care places. The average bill for a part-time nursery place providing 25 hours a week has risen to £107. Breakfast clubs have been scaled down, and the cost of summer holiday child care places has passed the £100-a-week mark for the first time ever. Although all the academic research tells us of the advantages enjoyed by children and toddlers who have been exposed to books, the Secretary of State—who likes to think of himself as a champion of academic rigour—has halved the Bookstart grant.

The Government have implemented a range of policies that affect mothers. For instance, they have cut the child care element of working tax credit: a total of £7 billion has been cut from working parents’ tax credit. In two months’ time, many of the higher-earning parents whose child benefit is being clawed away will have the taxman knocking on their doors because of the Government’s woeful handling of the situation.

Perhaps the Government’s worst act of vandalism against early-years provision is the fact that there are 578 fewer Sure Start centres. My hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) quoted what the Prime Minister said before the last election, but as the Tories have taken it off their website, it is worth quoting again. He said that we were scaremongering. He said that the Government would back Sure Start. He said that it was “a disgrace” that my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown) was “trying to frighten people”. The fact remains, however, that we have 578 fewer Sure Start centres. The Tories can take that quotation off their website, like some Bolshevik politburo apparatchik trying to doctor photographs, but we will continue to remind the British people that the Prime Minister promised to maintain Sure Start centres, and that under his Government we are losing them.

EU-US Trade and Investment Agreement

Lindsay Hoyle Excerpts

Thursday 18th July 2013 Commons Chamber

[Julian Smith (Skipton and Ripon) (Con)]

I shall not speak for long, as I am still reeling from the accusation that I am sympathetic to the Tea party.

It is important that I start by paying tribute to the Prime Minister, the Chancellor and the Government as a whole for putting an EU-US trade agreement and talks at the centre of the strategy for the EU and for growth, which this Government are so relentlessly pursuing. All of us in the House understand the importance of America, and we need to make the case to the country and to British business that although there is rightly a pivot east in trade and activity—to the BRIC countries and other emerging economies—the American economy, with 310 million people with a per capita income of $48,000, and an energy sector that looks as though it is going to get incredibly competitive over the coming years, is a phenomenal opportunity for Britain. It would be wrong just to accept that we already have a relationship which is established and going quite well.

Companies in my constituency, such as Silver Cross Prams which produces traditional prams that hon. Members may have used or been in in the past, sell across the world, but in America they have to go through pages and pages of health and safety and other procedures in order to sell their already safe and already EU-recognised product in America. If Jet2, which flies out of Leeds Bradford airport, wants to fly to an American city and then on to another American city, it is unable to sell seats on the domestic US side, which has an impact on its business. Principle Healthcare sells drugs, vitamins and other products that are perfectly safe and have been rigorously tested here in the UK and in Europe, but when it tries to sell to America, it must start the whole procedure yet again.

I have great respect for the right hon. Member for Wentworth and Dearne (John Healey), but I was worried by some of his remarks. The idea that this agreement should try to have top-down formal regulation of all these things is quite wrong because to get the pace we have been talking about, we need to think much more about mutual recognition. If we have safe drug products in America and safe drug products in the EU, how do we recognise those regulatory processes? That is not to say that we should have a free for all but that we should recognise and be pragmatic about what we do. One of the strongest messages I have for the Minister is a request that he utilise his innate pragmatism to influence these negotiations.

The second push I would make is on something we have talked about: pace. There are moves afoot already in America—we have seen the French examples and there will be others from all interested parties—to slow things down and to have carve-ups and opt-outs. We must make the case for pace and ensure that we stick to the rigorous timetable set in place by the negotiators. I also think that the point made by the right hon. Gentleman is key: this debate cannot be a closed shop in this place or in Brussels or in America. We must take the argument to our citizens and businesses and explain to them the importance of the jobs that will be created by the agreement and by enhancing our relationship. The benefit for EU supporters is that if we can do that for this agreement, we can use that information and build on that argument as we make the case for Britain continuing to be an active member of the EU.

Finally, although we have a number of Ministers who are active in this negotiation on the British side, I hope that my hon. Friend the Minister answering today’s debate will be at the forefront of some of these discussions as they take place over the next couple of years.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Just to say we are overshooting on time. The other debate is well over-subscribed, so there will be a six minute limit.

--- Later in debate ---

[Mr Wright]

I knew that the hon. Gentleman would not be able to resist, so I will give way.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I would just like to be of help, because the shadow Minister has taken 10 minutes so far and he said he would only take that long. He will have reached 11 minutes in a moment, so we should be careful.

[Mr Cash]

I will leave it.

[Mr Deputy Speaker]

We will leave it.

[Mr Wright]

Thank you, Mr Deputy Speaker. I will mention one final thing and then draw my comments to a close.

Several hon. Members, including my hon. Friends the Members for Linlithgow and East Falkirk (Michael Connarty), for Sheffield Central (Paul Blomfield), for Glasgow North East and for Ilford South (Mike Gapes), have mentioned the NHS. Will the Minister confirm that the free trade agreement will not be a green light to private health companies in the US to take over services within the NHS? Will he absolutely rule out that happening?

This agreement is a huge prize and the whole House is keen to see success on it. I hope that the Minister will be as ambitious as the House is on this, because the potential for jobs, growth and prosperity, on both sides, of the Atlantic is immense.

--- Later in debate ---

[Matthew Hancock]

Of course.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The Minister has now been speaking for 10 minutes, so I am sure that Bob Stewart can save himself for later.

[Matthew Hancock]

Let me just run through as quickly as I can some of the other points that were made.

The objective in the negotiations, including in TTIP, will be to have commitments in health services that are broadly in line with existing international trade agreements, so I can reassure Members on that point. It is true that this is an ambitious project, but our goal is that it should be concluded within 18 to 24 months. The US interpretation is that it should be concluded on one tank of gas, and we wholeheartedly agree. The British Government will put in place whatever support is necessary for the Commission to help that happen. The benefits will come not only as a result of reducing tariffs, although they are relatively low, but from non-tariff barriers, mutual recognition of regulation and the treatment of intellectual property, which has been mentioned.

We are under no illusions that this will be easy, but we are well placed and have a strong political commitment. In the first negotiating round, which took place last week, good progress was made. A framework for the negotiations was agreed and an initial productive exchange of views on ambition and approach across each dossier was achieved. As the Prime Minister has said, it is a once-in-a-generation prize and we are determined to seize it to ensure that the benefits of free trade can increase and strengthen jobs and prosperity in this nation and around the world.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Mr John Healey. You have up to two minutes, but please be brief.

Children and Families Bill

Lindsay Hoyle Excerpts

Tuesday 11th June 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Elizabeth Truss)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss new clause 6—Staff to child ratios: Ofsted-registered childminder settings—

‘(1) This section applies to Ofsted-registered childminder settings.

(2) The ratio of staff to children under the age of eight must be no less than one to six, where—

(a) a maximum of three children may be young children;

(b) a maximum of one child is under the age of one.

(3) Any care provided by childminders for older children must not adversely affect the care of children receiving early years provision.

(4) If a childminder can demonstrate to parents, carers and inspectors, that the individual needs of all the children are being met, then in addition to the ratio set out in subsection (2), they may also care for—

(a) babies who are siblings of the children referred to in subsection (2), or

(b) their own baby.

(5) If children aged between four and five years only attend the childminding setting outside of normal school hours or the normal school term time, they may be cared for at the same time as three other young children, provided that at no time the ratio of staff to children under the age of eight exceeds one to six.

(6) If a childminder employs an assistant or works with another childminder, each childminder or assistant may care for the number of children permitted by the ratios specified in subsections (2), (4), and (5).

(7) Children may only be left in the sole care of a childminder’s assistant for two hours in a single day.

(8) Childminders must obtain the permission of a child’s parents or carers before that child can be left in the sole care of a childminder’s assistant.

(9) The ratios in subsections (2), (4) and (5) apply to childminders providing overnight care, provided that the children are continuously monitored, which may be through the use of electronic equipment.

(10) For the purposes of this section a child is—

(a) a “young child” up until 1 September following his or her fifth birthday.

(b) an “older child” after the 1 September following his or her fifth birthday.’.

New clause 7—Staff to child ratios: Ofsted-registered non-domestic childcare settings—

‘(1) This section applies to Ofsted-registered, non-domestic childcare settings.

(2) For children aged under two—

(a) the ratio of staff to children must be no less than one to three;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and must be suitably experienced in working with children under two;

(c) at least half of all other members of staff must hold a full and relevant level 2 qualification;

(d) at least half of all members of staff must have received training in care for babies; and

(e) where there is a dedicated area solely for children under two years old, the member of staff in charge of that area must, in the judgement of their employer, have suitable experience of working with children under two years old.

(3) For children between the ages of two and three—

(a) the ratio of staff to children must be no less than one to four;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and

(c) at least half of all other members of staff must hold a full and relevant level 2 qualification;

(4) Where there is registered early years provision, which operates between 8 am and 4 pm, and a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification is working directly with the children, for children aged three and over—

(a) the ratio of staff to children must be no less than one to 13; and

(b) at least one member of staff must hold a full and relevant level 3 qualification.

(5) Where there is registered early years provision, which operates outside the hours of 8 am and 4 pm, and between the hours of 8 am and 4 pm, where a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification is not working directly with the children, for children aged three and over—

(a) the ratio of staff to children must be no less than one to eight;

(b) at least one member of staff must hold a full and relevant level 3 qualification, and

(c) at least half of all other staff must hold a full and relevant level 2 qualification;

(6) In independent schools where—

(a) a member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification;

(b) an instructor; or

(c) a suitably qualified overseas-trained teacher is working directly with the children, for children aged three and over—

(i) for classes where the majority of children will reach the age of five or older within the school year, the ratio of staff to children must be no less than one to 30;

(ii) for all other classes the ratio of staff to children must be no less than one to 13; and

(iii) at least one other member of staff must hold a full and relevant level 3 qualification.

(7) In independent schools where there is—

(a) no member of staff with Qualified Teacher status, Early Years Professional status or other full and relevant level 6 qualification;

(b) no instructor; or

(c) no suitably qualified overseas-trained teacher working directly with the children, for children aged three and over—

(i) the ratio of staff to children must be no less than one to eight;

(ii) at least one other member of staff must hold a full and relevant level 3 qualification, and

(iii) at least one other member of staff must hold a full and relevant level 2 qualification.

(8) In maintained nursery schools and nursery classes in maintained schools (except reception classes)—

(a) the ratio of staff to children must be no less than one to 13;

(b) at least one member of staff must be a school teacher as defined by subsection 122(3) [Power to prescribe pay and conditions] of the Education Act 2002 and Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003; and

(c) at least one other member of staff must hold a full and relevant level 3 qualification.

(9) The Secretary of State may make provision in statutory guidance to—

(a) define qualifications as “full and relevant”; and

(b) define “suitable experience” for those working with children under two.

(10) If HM Chief Inspector of Education is concerned about the quality of provision or the safety and well-being of children in a setting he may impose different ratios.’.

Amendment 76, in clause 73, page 50, line 16, at beginning insert

‘If, after a consultation period of not less than three months, and the publication of a response to the consultation, the Secretary of State is satisfied with the provisions, he may make an order so that’.

Amendment 77, in page 50, line 29, leave out clause 75.

Government amendment 28.

[Elizabeth Truss]

I wish to speak to new clause 10, which introduces paving legislation to allow Her Majesty’s Revenue and Customs to begin to set up tax-free child care, and amendment 28, which is a minor and technical amendment relating to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

First, I will comment on new clauses 6 and 7. As the House knows, we have proposals, on which we have consulted, for providers with highly qualified staff to be able to operate more flexible staff-to-child ratios, in line with best practice in leading European countries such as France, Holland and Germany. I highlight the fact that these proposals would be entirely optional for nurseries and are about empowering the front line.

The proposals received support from, among others, Sir Martin Narey, formerly of Barnado’s, and Sir Michael Wilshaw of Ofsted. I firmly believe that these flexibilities would allow nurseries to offer more choice of high-quality child care places to parents, invest additional revenue in attracting the best staff, and reduce costs for parents. However, as I made clear on the media this morning, it has not been possible to reach cross-Government agreement, so we are not proceeding with this reform.

That will not stop me working to make affordable, quality child care available to all. I am absolutely committed to this goal.

--- Later in debate ---

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 4—Continuing support for former foster children—

‘Section 23C of the Children Act 1989 (continuing functions in respect of former relevant children) is amended by the insertion of the following subsections after subsection (5).

“(5ZA) The assistance given under subsection (4)(c) shall include the continuation of accommodation with the former local authority foster parent, unless—

(a) the former relevant child states that he or she does not wish to continue residing in such accommodation, or

(b) the former local authority foster parent does not wish to continue to provide accommodation, or

(c) it is not reasonably practicable to arrange such accommodation.

(5ZB) ‘Former local authority foster parent’ means a local authority foster parent within the meaning of section 22C(12) with whom the former relevant child, as a looked after child, was placed under section 22C(6)(a) or (b).”.’.

New clause 5—Assessment and support of young carers—

‘(1) Where it appears to a local authority that a child within their area may provide or be about to provide care to an adult or a child who is disabled, the authority must—

(a) assess whether the child has needs for support relating to their caring role (or is likely to have such needs in the future); and

(b) if the child is found to have such needs, set out what those needs are (or are likely to be in the future).

(2) Having carried out an assessment under subsection (1) the authority must meet those needs for support which it considers to be necessary to meet in order to safeguard and promote the child’s welfare.

(3) Having carried out an assessment under subsection (1), a local authority must also consider whether the adult is or may be eligible for assessment under the Care Act 2013, and if so must ensure such an assessment is carried out unless that adult objects.

(4) Having carried out an assessment under subsection (1) a local authority must consider whether, in the case of a child who is caring for a disabled child, the child being cared for requires an assessment under the Children Act 1989 and if so shall carry out that assessment unless the person with parental responsibility for that child objects.

(5) The Secretary of State shall issue guidance in relation to the duties set out above having consulted with persons whom the Secretary of State considers to be appropriate, the said guidance to be issued under section 7 of the Local Authority Social Services Act 1970.

(6) Any service provided by an authority in the exercise of functions conferred on them under this section may be provided for the family or for any member of the child’s family, and may include—

(a) services to the adult the child is providing care to meet the adult’s needs for care and support; and

(b) services to the adult to enhance their parenting capacity.

If such services are provided with a view to safeguarding and promoting the child’s welfare.’.

New clause 11—General duty of local authorities to co-operate to secure sufficient accommodation for looked after children—

‘(1) The Children Act 1989 is amended as follows.

(2) After section 22G (General duty of local authority to secure sufficient accommodation for looked after children), insert the following new section:

“22H General duty of local authorities to co-operate to secure sufficient accommodation for looked after children

(1) It is the general duty of a local authority to take steps in co-operation with neighbouring local authorities that secure, so far as reasonably practicable, the outcomes in subsections (2) and (3).

(2) The first outcome applies to the children defined in subsection (3) of section 22G in respect of whom the local authority are unable to secure the outcome defined in subsection (2) of that section.

(3) The first outcome is that the local authority is able to secure accommodation for those children that—

(a) is within a neighbouring authority’s area; and

(b) meets the need of those children.

(4) The second outcome applies to the children defined in subsection (3) of section 22G in respect of whom a neighbouring local authority is unable to secure the outcome defined in subsection (2) of that section.

(5) The second outcome is that the local authority is able to secure accommodation for those children that—

(a) is within the authority’s area; and

(b) meets the need of those children.”.’.

New clause 12—General duty of local authority to secure sufficient early help services—

‘(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2) The outcome is that the local authority is able to provide the children and young people mentioned in subsection (3) and their families with provision of early help services that—

(a) are within the authority’s area or a neighbouring authority’s area; and

(b) meet the needs of those children and young people and their families.

(3) The children and young people referred to in subsection (2) are those—

(a) who live within the local authority’s area, or

(b) that the local authority is looking after.

(4) In this section—

“early help services” means services to children under 6 and their families, and services to children and young people (of whatever age) and their families early in the emergence of a problem;

“young people” means people under 25.’.

New clause 13—Duty of local safeguarding children boards to undertake serious reviews—

‘(1) Section 14 of the Children Act 2004 (Functions and procedure of Local Safeguarding Children Boards) is amended as follows.

(2) After subsection (2), insert—

“(2A) Functions of review under subsection (2) shall include a duty to undertake serious case reviews at the direction of the Secretary of State.”.’.

New clause 14—Part-time independent educational institutions to have no right to give corporal punishment—

‘(1) Schedule 1 to the Education and Skills Act 2008 (Minor and consequential amendments) is amended as follows.

(2) In sub-paragraph (5) of paragraph 9, insert the following words at the end of inserted subsection (7B):

“except that it applies in relation to this section as if for paragraphs (a) and (b) of subsection (2) of section 92 of that Act there were substituted the following words “for any amount of time during an academic year, no matter how little”.”.’.

New clause 15—Return from care—

‘(1) The Children Act 1989 is amended as follows.

(2) After section 22C (Ways in which looked after children are to be accommodated and maintained), insert the following new section:

“22CA Return home support services for looked after children returning home to the care of their parents/others with parental responsibility

(1) Whenever a local authority decides that a looked after child should return to the care of its parent, the local authority must assess and monitor the support needs of the child and the parent for as long as is necessary to safeguard and promote the child’s welfare.

(2) If after carrying out an assessment in accordance with subsection (1) above, the local authority decides that the child or the parent has support needs, they must provide a child in care, and, in the case of formerly-accommodated children, offer to provide, ‘return home support services’ to meet the identified support needs for as long as is necessary to safeguard and promote the child’s welfare.

(3) Whenever the local authority provides ‘return home support services’ under subsection (2) above, they must prepare a personal budget if asked to do so by the parent or the child, with a view to the recipient being involved in agreeing and securing those services.”.’.

New clause 16—Provision of further assistance to care leavers up to the age of 25—

‘(1) Section 23CA of the Children Act 1989 (Further assistance to pursue education or training) is amended as follows.

(2) At the end of the section heading insert “or for welfare purposes”.

(3) In subsection (1)(a), at the end, insert “and”.

(4) In subsection (1)(b), omit the last “and”.

(5) Omit subsection (1)(c).

(6) In subsection (4), after “training”, insert “or welfare”.

(7) In subsection (5)(a), omit the last “or”.

(8) In subsection (5)(b), after “training”, insert “or welfare”.

(9) At the end of subsection (5), add the following new paragraphs—

“(c) providing advice and support in relation to his welfare; or

(d) making a grant in exceptional circumstances to enable him to meet expenses connected with his welfare.”.’.

New clause 17—Amendments to the Health Act 2006—

‘(1) The Health Act 2006 is amended as follows.

(2) After section 8, insert—

“8A Offence of failing to prevent smoking in a private vehicle when children are present

(1) It is the duty of any person who drives a private vehicle to ensure that the vehicle is smoke-free whenever a child or children under the age of 18 are in such vehicle or part of such vehicle.

(2) A person who fails to comply with the duty in subsection (1) commits an offence.

(3) A person convicted of an offence under this section is liable on summary conviction to a fine of £60.

(4) The Secretary of State may introduce regulations to alter the level of penalty payable under subsection (3).

(5) The Secretary of State shall update all relevant regulations regarding the offence created under subsection (2) within six months of this section coming into force.

(3) In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(4).”.’.

New clause 18—Review of impact of under-occupancy penalty on prospective adopters, prospective special guardians and foster parents—

‘Before the end of one year beginning with the day on which this Act receives Royal Assent, the Secretary of State must—

(a) carry out a review of the impact of the housing under-occupancy penalty on prospective adopters, prospective special guardians and foster parents, and

(b) publish a report of the conclusions of the review.’.

New clause 19—Arrangements to support child witnesses—

‘(1) The Secretary of State shall by order introduce arrangements to establish specialist courts in cases where a child has been sexually abused or harmed, and where the child will be required to give evidence to the court, and to be examined by the court.

(2) Arrangements made by order under subsection (1) above shall include arrangements to appoint intermediaries to support child witnesses in all court cases, and other measures to support child witnesses.’.

New clause 20—Personal, social and health education in maintained schools—

‘(1) In section 84(3) of the Education Act 2002 (curriculum foundation subjects for the first, second and third key stages), after paragraph (g) there is inserted—

“(ga) personal, social and health education”.

(2) In section 85(4) of the Education Act 2002 (curriculum foundation subjects for the fourth key stage), at the end there is inserted “, and

(d) personal, social and health education.”

(3) In section 74(1) of the Education and Inspections Act 2006, which (when brought into force) will substitute a new section 85 in the Education Act 2002, in subsection (4) of that substituted section (foundation subjects for the fourth key stage), at the end there is inserted “, and

(d) personal, social and health education.”

(4) Before section 86 of the Education Act 2002 there is inserted—

“85B Personal, social and health education

(1) For the purposes of this Part, personal, social and health education (“PSHE”) shall include sex and relationship education, including information about same-sex relationships, sexual violence, domestic violence and sexual consent.

(2) The National Curriculum for England is not required to specify attainment targets or assessment arrangements for PSHE (and section 84(1) has effect accordingly).

(3) The Secretary of State for Education shall set out guidance to schools and colleges to ensure that a coherent approach to personal, social, health and economic education is developed, including between primary and secondary schools.

(4) It is the duty of the governing body and head teacher of any school in which PSHE is provided in pursuance of this Part to secure that guidance issued under subsection (3) is followed and that—

(a) information presented in the course of providing PSHE should be accurate and balanced;

(b) PSHE is taught in a way that is appropriate to the ages of the pupils concerned and to their religious and cultural backgrounds, and reflects a reasonable range of religious, cultural and other perspectives;

(c) PSHE is taught in a way that endeavours to promote equality, celebrate diversity, and emphasise the importance of both rights and responsibilities.

(5) In the exercise of their functions under this Part so far as relating to PSHE, a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State.”.

(5) Section 403 of the Education Act 1996 (sex education: manner of provision) is amended as set out in subsections (6) to (9).

(6) In subsection (1), for the words from the beginning to “at a maintained school” there is substituted “The governing body or other proprietor of any school to which this section applies, and its head teacher, must take such steps as are reasonably practicable to ensure that sex and relationships education is given to registered pupils at the school and that”.

(7) After that subsection there is inserted—

“(1ZA) The schools to which this section applies are—

(a) maintained schools;

(b) city technology colleges;

(c) city colleges for the technology of the arts;

(d) Academies.

A reference in this section or section 404 to the governing body of a school, in relation to a school within paragraph (b), (c) or (d), shall be read as a reference to the proprietor of the school.”.

(8) In subsection (1A)—

(a) for “when sex education is given to registered pupils at maintained schools” there is substituted “when sex and relationships education is given to registered pupils at schools to which this section applies”;

(b) in paragraph (a), after “, and” there is inserted “learn the nature of civil partnership and the importance of strong and stable relationships.”;

(c) paragraph (b) is omitted.

(9) In subsection (1C), for “sex education” there is substituted “sex and relationships education”,

(10) In section 579 of the Education Act 1996 (general interpretation), in the definition of “sex education” in subsection (1)—

(a) for “sex education” there is substituted “sex and relationships education”;

(b) at the end there is inserted “but does not include education about human reproduction provided as part of any science teaching;”.

(11) For section 405 of the Education Act 1996 there is substituted—

“405 Exemption from sex and relationships education

(1) If a pupil of sufficient maturity in attendance at a school to which section 403 applies requests to be wholly or partly excused from receiving sex and relationships education at the school, the pupil shall be so excused accordingly until the request is withdrawn.

(2) The Secretary of State must in regulations define “sufficient maturity”.

(3) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(4) The Secretary of State must lay draft regulations before Parliament before the end of the period of 3 months beginning with the day on which this Act is passed.”.’.

New clause 22—Information sharing about live births—

‘(1) NHS trusts should make arrangements to share with local authorities records of live births to parents resident in their area, to be used by the local authority for the purposes of identifying and contacting new families through children’s centres and any other early years outreach services it may operate.

(2) The Secretary of State must, within a period of six months of Royal Assent to this Act, bring forward regulations placing consequential requirements on trusts and local authorities in exercising their duty under subsection (1), including, but not limited to—

(a) the format of arrangements made;

(b) the safeguarding of information;

(c) the circumstances in which it would not be appropriate for a trust to provide information to local authorities;

(d) the regularity of data transfers;

(e) timescales within which a local authority must contact new families made known to it; and

(f) any further requirements the Secretary of State deems necessary.

(3) Local authorities must establish a pilot scheme to trial the registration of births within children’s centres, and evaluate the effectiveness of the scheme to—

(a) identify and contact new families; and

(b) enable children’s centres to reach more families, in particular those with children under the age of two, or who the local authority consider—

(i) hard to reach, or

(ii) vulnerable.’.

New clause 25—Health bodies: duties with respect to young carers—

‘(1) In exercising their general functions health bodies must—

(a) promote and safeguard the well-being of young carers;

(b) ensure that effective procedures exist to identify patients who are or are about to become carers;

(c) ensure that effective procedures exist to identify patients who it may be reasonably assumed may be receiving care from a child or young person for whom they are responsible;

(d) ensure that appropriate systems exist to ensure that carers receive appropriate information and advice; and

(e) ensure that systems are in place to ensure that the relevant general medical services are rendered to their patients who are young carers, or to the young carers of their patients.

(2) In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by regulations further provide for the strategies to be developed.’.

New clause 26—Schools: duties with respect to young carers—

‘(1) The appropriate authorities of schools must ensure that, within 12 months of the passing of this Act, they take all reasonable steps to ensure that there is in place a policy which—

(a) identifies young carers within the school; and

(b) makes arrangements for the provision within school of appropriate support to promote the well-being and improve the educational attainment of pupils who are young carers.

(2) In discharging its duty under subsection (1), where appropriate the authority must—

(a) consult with the family of the child or young person identified, or the young person themselves;

(b) involve the local authority in which the identified pupil is ordinarily resident;

(c) refer the identified pupil to additional services outside the school;

(d) have regard to any guidance given from time to time by the Secretary of State.

(3) The “appropriate authority” for a school is—

(a) in the case of a maintained school, the governing body;

(b) in the case of an academy, the proprietor;

(c) in the case of a pupil referral unit, the management committee.’.

New clause 27—Further and higher educational institutions: duties with respect to student carers—

‘(1) The responsible body of an institution to which this section applies must, within 12 months of the passing of this Act, identify or make arrangements to identify student carers and have a policy in place on promoting the well-being of student carers.

(2) This section applies to—

(a) a university;

(b) any other institution within the higher education sector;

(c) an institution within the further education sector.

(3) A responsible body is—

(a) in the case of an institution in paragraphs (2)(a) or (b), the governing body;

(b) in the case of a college of further education under the management of a board of management, the board of management;

(c) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

(4) In discharging its duty under subsection (1), where appropriate the authority must—

(a) consult with the family of the child or young person identified, or the young person themselves;

(b) involve the local authority in which the identified pupil is ordinarily resident;

(c) refer the identified student to additional services outside of the institution; and

(d) have regard to any guidance given from time to time by the Secretary of State.’.

Amendment 33, in clause 1, page 1, leave out line 9 and insert—

‘satisfied that C should be placed for adoption—’.

Amendment 34, in clause 2, page 1, line 15, at end insert—

‘(1A) In subsection (4), after paragraph (f) insert—

“(g) the child’s religious persuasion, racial origin and cultural and linguistic background, although this paragraph does not apply to an adoption agency in Wales, to which subsection (5) instead applies.”.’.

Amendment 2, in clause 3, page 2, line 22, at end insert—

‘(1A) The Secretary of State may require local authorities to make arrangements with adoption agencies to compensate them for the cost of recruiting approved prospective adopters.’.

Amendment 29, page 2, line 22, at end insert—

‘(1A) Directions under subsection (1) may not be given before May 2017, being five years after the introduction of adoption scorecards.’.

Amendment 3, page 2, line 32, leave out paragraph (c).

Government amendments 9 and 16.

Amendment 31, in clause 9, page 9, line 8, at end insert—

‘and section 23B (8A) and monitoring and evaluating the effectiveness of that local authority in discharging its duties under section 23C (4B) and section 23CA and advising them on ways to improve.’.

Amendment 32, page 9, line 11, at end add—

‘(2) In the Children Act 1989, in section 23B after subsection (8) insert—

(8A) The duty of local authorities under subsection (8) to safeguard and promote the child’s welfare, includes in particular a duty to promote the child’s educational achievement.”.’.

Amendment 49, in clause 10, page 9, line 16, at end insert—

‘unless in the view of the court it is unreasonable to do so’.

Amendment 35, in clause 11, page 10, line 10, at end insert—

‘(2B) “Involvement” is any kind of direct or indirect involvement that promotes the welfare of the child. It shall not be taken to mean any particular division of a child’s time.’.

Amendment 50, page 10, line 10, at end insert—

‘(2B) Involvement shall mean, but is not limited to, direct contact with a child by any means including supervised contact, indirect contact with a child by any means including letters or telephone or receiving information about a child from the other parent or a third party.’.

Amendment 51, in clause 12, page 10, line 35, at end add—

‘(5) A child arrangements order that provides for a child to reside with a particular person is to be interpreted as granting rights of custody to that person.’.

Amendment 5, in clause 14, page 13, line 8, after ‘issued’, insert—

‘unless the court considers it necessary in order to safeguard or promote the child’s welfare to permit additional time for the disposing of the application.’.

Amendment 52, page 13, line 8, after ‘issued’, insert—

‘unless in the view of the court it would be in the best interests of the child to set a different timetable’.

Amendment 6, page 13, line 45, at end insert—

‘or, having taken into consideration the safeguarding and promotion of the child’s welfare, following evidence presented to the court relating to a planned programme of intervention, such longer time period as the court deems appropriate.’.

Amendment 36, in clause 15, page 14, line 46, at end insert—

‘(A1) Section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them) is amended as follows.

(B1) In subsection (4), after “proposing to look after,”, insert “including when making any fundamental change to the care plan before or after a care order has been made.”.’.

Amendment 7, page 15, line 3, after ‘provisions’, insert ‘and sibling placement arrangements’.

Amendment 8, page 15, line 6, at end insert—

‘unless it deems such consideration necessary in assessing the permanence provisions of the section 31A plan for the child concerned and making the care order, taking into account the circumstances of the application and the safeguarding and promotion of the child’s welfare.’.

Amendment 53, page 15, line 6, at end insert—

‘but may do so when any matter is brought to the court’s attention by the child’s guardian’.

Government amendments 10 to 15.

Apprenticeships

Lindsay Hoyle Excerpts

Tuesday 12th March 2013 Commons Chamber

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I warn hon. Members that it looks like there will be a five-minute limit on speeches due to the length of the opening speeches.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I have decided to introduce a six-minute limit to make sure that everybody who wishes to speak gets in.