Schools Bill [HL]

Lord Macdonald of River Glaven Excerpts

Committee stage & Lords Hansard - Part 1
Monday 20th June 2022 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, I too have put my name to Amendment 171F because, as your Lordships have heard, it is important that parents should be able to discover what their children are being taught and, in particular, to see the materials. This has arisen because the commercial providers of materials have apparently tried to prevent parents getting access to those materials. They have met requests for information or to see the materials with the assertion that these are protected, and they can rely on an exemption under the Freedom of Information Act.

I find that surprising. The material has been, or will be, referred to in class to the children, perhaps with slides shown. I should have thought that any duty of confidence on the part of the school to the commercial provider has been waived by that disclosure in class, but so be it—the effect of the assertion is to put parents off and, as we have heard, it puts the schools in an embarrassing and awkward position. The parents and the schools are on the same side.

The issue is, of course, particularly sensitive where the subject matter is RSE—relationships and sex education—but it is not limited to that nowadays. History, economics and politics—a whole range of subjects—raise awkward and difficult matters in which there are strong differing philosophies and political views. It is very important that parents should know what is being taught and, in particular, whether their children are in fact being indoctrinated; things are not always the facts that they appear to be. The content must be accurate and balanced.

This amendment will give statutory force to a policy to which, we would argue, there can be no reasonable objection. In the case of RSE material, there is already statutory guidance, provided by the Government in 2019. I note that only the other day, on 17 June, my noble friend the Minister wrote to the noble Baroness, Lady Finlay. I quote one short passage, as follows:

“When schools choose resources and external provision for Relationships, Sex and Health Education and PSHE, we expect schools to consult with parents on these matters and to make reasonable decisions about the content of their curriculum. Schools should also ensure that when they engage parents, they provide examples of the resources they plan to use (for example, the books they will use in lessons).”


That seems to be the Government’s policy, and who could argue against it? If that is the policy, what possible objection could there be to having it reinforced by statute, which would meet the arguments put forward by certain providers?

In 2019 the Secretary of State wrote in the foreword to the statutory guidance:

“We are clear that parents and carers are the prime educators for children on many of these matters. Schools complement and reinforce this role and have told us that they see building on what pupils learn at home as an important part of delivering a good education.”


The guidance says in paragraph 13:

“All schools must have in place a written policy for Relationships Education and RSE”,


and in paragraph 24, under the heading “Use of materials”:

“Schools should also ensure that, when they consult with parents, they provide examples of the resources that they plan to use as this can be reassuring for parents and enables them to continue the conversations started in class at home.”


Who could argue with that? It is common sense and uncontroversial. However, as we have heard, parents are not always getting the access to which they are already entitled and should be getting. We have heard about the school that obviously felt on the spot because the provider did not want them to see the material. The provider wrote that the material was exempt and that the placing of the copies of the actual documents in the public domain by inspection or copying is not justified. What on earth does that mean? How can it be right not to put a copy in the public domain or show it to the parents?

So there we are. We suggest that the amendment strikes a reasonable compromise. It would not require schools to copy all the materials, some of which might be quite lengthy, but would allow people simply to go into a school and see what is there. That would spare schools the burden of copying. The amendment is necessary and reasonable. Without it, it appears that parents will not be assured that, without recourse to litigation, they can see what their children are taught. I commend the amendment to the House.

[Lord Macdonald of River Glaven (CB)]

My Lords, I have also put my name to this amendment. I entirely agree with the noble Baroness, Lady Morris of Yardley, that the present position is untenable. In 2019 the Government updated the relationships and sex education guidance to make the teaching of certain content compulsory in all schools. The guidance was clear that content should be age-appropriate, developmentally appropriate and—I underline the next words—anchored in science and material facts. It seems that a significant number of independent so-called RSE providers have created materials that promote to schoolchildren, including quite young children, the idea that biological sex is a spectrum, that we all have an inner gender identity that should take priority over biological sex and that our assumed genders are assigned to us at birth.

One may agree or disagree with those propositions, and one may agree or disagree with them being put forward as scientifically based fact, but it is also clear that the 2019 guidance made paramount that parents should have visibility of what is being taught to their children. There are many references to that in the guidance, which says that parents must be consulted in developing and reviewing RSE policies; that

“All schools must have in place a written policy”;


that policies should reflect the communities they serve; and that policies should be “made available to parents” and published on the school website.

However, the intention for openness also covered RSE content because policies should:

“Set out the subject content, how it is taught and who is responsible for teaching it.”


and

“include sections covering … details of content/scheme of work”.

I support this amendment for three main reasons. First, there is clear evidence that the 2019 RSE guidance has resulted in some schools using ideologically driven materials not grounded in science, in my view, with children, including some very young children. This has particularly been so in the field of gender ideology, where some materials appear to deny the reality of biological sex. These teachings have consequences, not least for women’s sex-based rights.