Lord Nash
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Childcare Bill [HL]
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I am delighted to be opening the Second Reading debate of the Childcare Bill. I welcome the support for the aims of this legislation and the level of interest and engagement from noble Lords. There is tremendous expertise and experience in this House on these matters. Last night, my honourable friend the Minister for Childcare and I were pleased to have the opportunity to discuss these issues with members of the Select Committee on Affordable Childcare, which has done such important work in this area. I pay tribute to that work and the leadership of the noble Lord, Lord Sutherland, in particular.
The Government’s long-term economic plan is focused on ensuring that working people have a chance to get on, offering them security and opportunity at every stage of their lives. We know that, for many families with young children, childcare is not an issue—it is the issue. Many parents want to go back to work or work more hours, but find the costs of childcare unaffordable. The Government want to reward hard-working families by reducing their childcare bill.
As the Family and Childcare Trust has said:
“The Childcare Bill is great news for working parents and the doubling of the hours of free childcare will make a really big difference to many families. We look forward to working with the Government on the development of the detail around the Bill”.
It is also pleasing to see the support for the Bill from parents. The National Day Nurseries Association’s chief executive, Purnima Tanuku, said that a poll of parents carried out by Netmums shows that the Government’s offer of more childcare is,
“wanted and needed and already eagerly anticipated”.
She said:
“The survey also suggests that reform will encourage more parents to work more hours, bringing the economic boost the Government wants. There could also be a knock-on effect that grandparents, freed up from childcare, may also look for more work”.
Access to childcare is not a luxury but is essential for families in Britain and it is a crucial investment in this country’s economic future. As Vicky Redwood, an economist at Capital Economics, said recently, the plan to double free childcare for three and four year-olds of working parents should help boost employment rates by enabling more parents, especially women, to return to work. She said:
“Fifteen hours is probably not really enough for someone to do even a decent part-time job, whereas 30 hours is, so it could have a disproportionate effect in supporting women who want to go back to work”.
Many in this House worked on the Childcare Act 2006. I pay tribute to the noble Baroness, Lady Hughes, and others in this place. It was game-changing in its time and the world has continued to change for parents and children. The employment rate has increased consistently for women with children aged under five. The recent Labour Force Survey shows that the long-term employment rate for this group has risen over the last two decades from 49% in 1996 to 61% in 2014.
Our business and our economy depend on working parents and those parents depend on access to safe, high-quality childcare. The Childcare and Early Years Survey of Parents tells us that 22% of working couples found it difficult or very difficult to pay for childcare; for lone working parents that rises even higher to 38%. The Government have responded to these challenges. We have made childcare more flexible and affordable so that pressure is taken off household budgets, helping families to be financially secure and able to plan for the future.
In the previous Parliament we increased the free entitlement for three and four year-olds from 12.5 hours a week to 15 hours a week. Take-up of this offer is consistently more than 95%. We introduced a new free entitlement for the 40% most disadvantaged two year-olds and we legislated for tax-free childcare, which will save up to 1.8 million families up to £2,000 per child on their annual childcare bill. We are also introducing universal credit, which includes an element to support parents with their childcare costs, even if they work only a few hours a week. On top of this, we introduced a new entitlement for mothers and fathers to share parental leave.
The Government already invest around £5 billion per annum to support parents with childcare. With this new entitlement working families will receive more childcare support than ever before, creating a saving for families of more than £2,500 a year per child and making more high-quality provision available for parents. The Bill takes that support even further. The Government are delivering their commitment to supporting people at every stage of their lives and reducing the cost of childcare by providing an extra 15 hours of free childcare for hard-working families. I wish to reassure noble Lords that the new entitlement will not impact on parents’ ability to access the current 570 hours of free early education per year for all three and four year-olds. The Bill will guarantee working parents a total of 1,140 hours of free childcare per year.
The Bill places a duty on the Secretary of State to secure that childcare is available free of charge for qualifying children of working parents for, or for a period equivalent to, 30 hours in each of 38 weeks in any year. Parents will have the chance, and most importantly the choice, to work before they have to pay for childcare. I am sure noble Lords will be pleased to hear that I can confirm that the definition of “working” has been determined to include: working parents with children aged three and four; where parents are working part time or full time, the only requirement is that each parent is working the equivalent of eight hours per week, which is the same threshold as the tax-free childcare scheme; the entitlement can be accessed by parents who are employed or self-employed; and lone parents who are working to support their families.
The Government have also made clear their intention to roll out the entitlement in certain areas from September 2016 in advance of full implementation from 2017. The regulation-making powers in the Bill enable the Secretary of State to have sufficient flexibility to do so. Noble Lords have my reassurance that it is, of course, of paramount importance to the Government, as it is for parents, that the additional hours are delivered in safe and secure settings. We have improved early years qualifications and encouraged high-quality entrants to the profession, and it is encouraging to see that in the recent DfE Childcare and Early Years Providers Survey, between 2008 and 2013 the proportion of full daycare staff with at least a level 3 qualification grew from 75% to 87%. By improving the quality of those entering the workforce, parents can have confidence in the people supporting the learning of our youngest children.
The quality and affordability of childcare has been of great interest to this House, notably the work of the Select Committee on Affordable Childcare, and I was delighted to discuss this with members of that committee last night and the Minister for Childcare, Sam Gyimah. In addition to increasing the available hours of free childcare, we recognise that it is crucial that parents are able to easily access information about childcare and other services in their area. We want to ensure that parents are able to access such information through a range of sources and this is why, through the Bill, we will require local authorities to publish information which will support parents to make informed choices about childcare. Let me reassure noble Lords that the childcare sector is healthy, vibrant and growing. Eighty-three per cent of providers are rated good or outstanding by Ofsted, up from 69% in 2009. There are around 230,000 more childcare places than in 2009—a 12% increase—and there has been a significant increase in the take-up of childcare provision in low and middle-income areas. The noble Baroness, Lady Jones, has previously quoted a figure of 40,000 fewer childcare places between 2009 and 2014. I would like to clarify that this figure excludes the growth of childcare provision in the maintained schools sector, which has contributed greatly to ensuring that parents have access to flexible, affordable and high-quality childcare.
Over the last five years we have worked closely with the profession to help raise its status, and as a result the number of staff has increased, they are better paid, and more providers are rated good or outstanding. However, we are not complacent. That is why we are committed to working to raise the status of the profession further and increase the average funding rate that providers receive—a move that has been welcomed by the providers. Noble Lords will understand that it is important that the hourly rate for the childcare entitlement strikes the right balance between being fair for providers as well as delivering value for money to the taxpayer. We are addressing the concern that has been highlighted by the sector and have already committed to increasing the average funding rates. To get this right, my honourable friend the Minister for Childcare is leading a review of the cost of providing childcare. I am delighted to confirm that, as he set out in the other place yesterday, this is already under way. It is extremely important that we get this review right and so we will appoint external experts to contribute to and validate the review. So that the views of providers and parents are reflected, we have issued a call for evidence which can be accessed via Directgov. The review will report in the autumn.
The system needs to work for parents. It is of the utmost importance that we take the time to listen to the views of parents and providers, and we will be consulting them about the features of a system which best meets their needs. The additional entitlement will be delivered in a way that is flexible, affordable and high quality for parents, and the Bill enables the Government to set out further details in secondary legislation once we have listened to parents and providers. I intend to share more details of that consultation with your Lordships in Committee.
I hope that the principles behind the Bill are ones that everyone in the House will support. The measures in the Bill will have a direct and significant impact on the lives of children and families across the country so it is right that it is subjected to the most thorough scrutiny and debate. I look forward to listening to the debate and I look forward to working with your Lordships on the Bill.
Lord Richard (Lab)
My Lords, before the noble Lord sits down, perhaps he can help me with a point that is slightly worrying me. According to Clause 1(2):
“‘Qualifying child of working parents’ means a young child who … is in England”.
According to Clause 4:
“This Act extends to England and Wales only”.
Does it extend to Wales? Is it the Government’s intention that the Act shall apply in Wales? I had thought it was a devolved matter.
Lord Nash
My Lords, the debate today has been constructive, heartfelt and highly useful. I thank all noble Lords who have taken part. The contributions made highlight the extensive knowledge and experience of childcare policy across the House and, as the noble Lord, Lord Touhig, said, I am very lucky to have received so many helpful comments. I am delighted that so many noble Lords across the House have offered their support for the aims of the Bill and the Government’s commitment to doubling the entitlement to free childcare for working parents of three and four year-olds. I hope that noble Lords will forgive me if I am not able this evening to respond to all the points made in detail, but I will do my best. I also commit to writing before Committee to all those who have spoken today and I expect to be able to provide further detail on some important issues at that time.
As we have heard today, the first few years of a child’s life are critical to shaping their future development. That is why the current entitlement ensures that all three and four year-old children can access 15 hours a week of quality early education to prepare them for school, improving their life chances. It is the Government’s intention that extension of the free entitlement will enable families to make choices about what is best for their circumstances. Doubling the amount of free childcare available for working families will give parents the chance to go back to work or take on additional hours at work—increasing their income but crucially not seeing their childcare bill rise as a result.
My noble friend Lady Eaton and the noble Earl, Lord Listowel, raised the importance of the developmental needs of children and the importance of high-quality early years care. The Effective Pre-School, Primary and Secondary Education project provided highly influential evidence on the benefits of high-quality early years education and explored pre-school as a predictor of outcomes over time for children aged three and four. The project showed, as the noble Earl, Lord Listowel said, that attending pre-school had a positive and long-term impact on children’s attainment, progress and social-behavioural development.
Many noble Lords mentioned quality, which is of course vital. This Government remain committed to driving up quality in the early years. A qualified, high-quality workforce is essential and the Government have helped nurseries to recruit the staff they need through generous funding for early years teacher training. I am pleased that the quality of providers continues to improve. More than 83% of providers are now judged good or outstanding compared with 69% in 2009.
The noble Baroness, Lady Jones, asked, as did the noble Baroness, Lady Tyler, about how the implementation of the Nutbrown review is going. The noble Baroness, Lady Andrews, the noble Earl, Lord Listowel, my noble friend Lady Stedman-Scott and the noble Lord, Lord Touhig, asked about the early years workforce. The workforce is better qualified and better paid than in 2009. We have established more robust qualifications at level 3 and level 6, raising the status of the profession and the quality of provision. We have supported that with bursaries for level 6 early years teachers and support the sharing of expertise and skills across the sector—for example, using teaching skills networks to get private and school nurseries working together.
The noble Earl mentioned Dr Lesley Curtis. She is helping us through teaching school alliances to support quality improvement in private, voluntary and school nurseries. Her nursery school is one of the leading lights in this innovative new approach to schools and nurseries working together. Sir Michael Wilshaw yesterday launched a new common inspection framework, which places a very strong focus on the quality of teaching and learning and improved outcomes for children in all registered early years settings.
The noble Baronesses, Lady Bakewell and Lady Tyler, talked about the importance of childcare for disadvantaged children. We agree and that is why in the previous Parliament we introduced the two-year-old offer and the early years pupil premium, and why the entitlement to 15 hours of free early education is universal for all three and four year-olds. It is important to consider that disadvantage is not a simple divide of working and not working. Indeed, we know that around half of the families who are entitled to a place for their two year-old are working. These families are working hard to support their children and in future will be able to plan ahead to their children turning three knowing that they will be able to receive 30 hours of free childcare a week, reducing their childcare costs and giving them a real choice about returning to work or taking up more hours. We must do all we can to support families out of poverty, as the noble Earl, Lord Listowel, said, and I am delighted that the Child Poverty Action Group has welcomed the extension of the free entitlement, describing it as an “extremely positive move”.
I also take this opportunity to reassure noble Lords, including the noble Baronesses, Lady Bakewell and Lady Tyler, the noble Lord, Lord Touhig, and others, who asked about disabled children accessing this new extended entitlement. I wish to be very clear that parents with disabled children must have the same opportunities as other parents to access the entitlement. Where parents of disabled children would like to go out to work we want to make it easier for them to do so. We are committed to helping families with disabled children and since the passage of the Children and Families Act we have introduced new EHC plans, provided £30 million for families to access independent supporters and given more rights to parent-carers of disabled children so that they have same assessment rights as other carers. I am sure that the funding review will consider significant evidence on the funding issues for disabled children that noble Lords have raised.
The noble Baroness, Lady Howarth, asked about the Government’s position on using private funds to supplement publicly funded early education places. I am happy to meet her to discuss this further. Local authorities have a statutory duty to secure early education places free of charge for two year-olds from low-income families, looked-after two year-olds and all three and four year-olds in their area. It is an important principle of the early education entitlement that access to a government-funded early education place is not conditional on the payment of any fee or the purchase of additional hours or services. This would be a significant financial barrier for many families and we do not want any child to be prevented from accessing the benefits of early education.
The noble Baroness, Lady Howarth, asked about providers working with children with additional needs. Local authorities have the flexibility to pay a higher rate to providers working with children with additional needs, in respect of the additional costs of meeting those needs, in order to ensure that all eligible children can take up their fully funded early education place. The Government are reviewing the cost of providing childcare and have committed to increasing the average funding rate. We want this new entitlement to be available to all eligible parents who want to take it up. As I have said, the review will take a broad look at the costs of providing childcare for all children and will therefore include children with additional needs.
I am pleased that noble Lords have welcomed the clarification that “working” will be defined as the equivalent of eight hours per week, will include self-employed work, and that lone parents will be able to access the entitlement. Further, more detailed criteria will be subject to consultation in due course, but so far as the point of the noble Baroness, Lady Massey, is concerned, it is not intended to apply to grandparents. However, I must take issue with her on her numbers in respect of the closure of children’s centres. The important point is that we have a record number of parents and children using children’s centres—more than 1 million.
I will deal now with a couple of technical points. The question was raised that the Bill extends to England and Wales but a “qualifying child” of a working parent is a child in England. The Bill, when passed, will form part of the law of England and Wales as a single legal jurisdiction, but Clauses 1 and 2 apply only to children in England, and Clause 3 applies only to English local authorities. This is normal in legislation relating to childcare, since it is a devolved matter and dealt with by the Welsh Government.
My noble friend Lord True, who I know is very well briefed both as the leader of Richmond Council and by his wife—who I understand was Montessorian of the Year in 2011—raised a point about criminal offences. I can assure him that this is intended for serious cases relating particularly to the protection of people’s confidential data, as is the case now for the current provision, and for cases of fraud.
The right reverend Prelate the Bishop of Durham and my noble friends Lord True and Lord Browne raised questions about stay-at-home parents. There is no intention to undermine the vital importance of stay-at-home parents. The formation of attachments at an early age is crucial, and we are supporting stay-at-home parents with the marriage tax allowance and through changes to the pension scheme. My noble friend Lord True also asked whether I would meet the Montessori Schools Association and other providers. I will be delighted to do so, and will discuss this with him. The noble Lord, Lord Sawyer, raised a point about pay rates for early years. We hope that the funding review will raise the average hourly rate.
The noble Baronesses, Lady Jones, Lady Pinnock and Lady Andrews, and other noble Lords raised questions about the overall funding for the scheme. It is imperative that we carefully cost this policy and ensure that we find the right balance between being fair to providers and delivering value for money to the taxpayer. In doing so, there are a number of factors to consider: how many three and four year-olds there will be in the future, obviously; what proportion have working parents; how many four year-olds will have a reception place; how many parents will take up the offer; how many of the 15 hours they will take up; the savings that will result from working tax credits and other subsidies to parents; and, of course, the average funding rate to providers. On the last point, the funding rate is of course central to the debate, and we have taken note of the sector’s concerns. That is why we were the only party to commit to a review of the cost of providing childcare and the only party to commit to increasing funding. As I clarified to the noble Baroness, Lady Pitkeathley, on 3 June,
“our current estimate is that this will cost around £350 million, to be delivered from reducing the tax relief on pensions for those earning more than £150,000 a year”.—[Official Report, 3/6/15; col. 412.]
We want to make sure that funding for providers is sufficient, which is why we committed to the increase in the funding rate.
The noble Baroness, Lady Jones, my noble friend Lord True and others asked about the capacity of the system to deliver this increase. We know that working parents with children use many different forms of childcare, depending on their income, working pattern and the age of their children. It is important now that the market can be flexible in how it responds to the choices that parents wish to make. The market is healthy and growing, delivering childcare through a broad range of providers.
As I mentioned in my opening remarks, our latest figures show that we now have 230,000 more childcare places than in 2009. The UK childcare market was worth £5 billion in 2013-14, and a recent report suggested that demand further increased by over 50% in the current year. So this is a vibrant sector with a demonstrable ability to respond to previous changes to entitlement, as it has to the two year-old offer and the expansion of the three and four year-old offer. But, of course, expansion must be delivered in a way that is flexible and affordable for parents and provides quality. We have committed to consulting parents and childcare providers on how this will be implemented.
The noble Baroness, Lady Jones, asked about primary settings for nurseries, and the noble Baroness, Lady Massey, pointed out that they tend to be of very high quality. Under the free school programme, we now allow applications for primary schools to include applications for nurseries. Although it is true that many primaries may be full, many have capacity; it varies substantially by geographic location. I take the points made by the right reverend Prelate the Bishop of Durham, my noble friend Lord True and others about the specific capacity of certain providers.
The noble Baronesses, Lady Pinnock, Lady Andrews and Lady Bakewell, and the noble Lord, Lord Sutherland, raised important points about the actual costs of nurseries and the question of cross-subsidy, and the noble Baroness, Lady Pinnock, about flexibility. As I mentioned in my opening remarks, a review of the cost of providing childcare is already under way. The reviewers want to see as much evidence as possible, and I encourage interested organisations to respond to the call for evidence. This is available on Directgov, and I will write to Peers with the details of how to find it.
The right reverend Prelate the Bishop of Durham, the noble Baroness, Lady Pinnock, the noble Lord, Lord Sutherland, the noble Lord, Lord Touhig, and the noble Baroness, Lady Bakewell, raised the question of stretching provision over a longer period than 38 weeks. The Bill will allow this, as is already allowed for the 570 hours offered at the moment. Regarding the current 570 hours—15 hours a week—we say in guidance that parents and providers need to be aware that there is no requirement for all early years education to be delivered over 38 weeks. Local authorities should enable parents to take the current entitlement in a pattern of hours that stretches the entitlement by taking fewer hours over more weeks where there is sufficient parental demand and provider capacity. Delivering flexibility for parents is an important principle for government in this Bill and will be important in consultation and in the funding review.
The right reverend Prelate the Bishop of Durham raised a point about providers insisting that parents have to purchase hours during holidays as a condition of getting the free entitlement. We are clear in our current statutory guidance, and therefore in the contracts between local authorities and providers, that the 15 hours of early years education should be free of charge to parents. We do not want to see conditions or extra costs attached. The Childcare Bill gives us full powers to impose similar requirements, and we will be examining this carefully in consultation.
My noble friend Lady Eaton asked how the provision will be delivered. Obviously these matters will be considered in consultation in the funding review. Specifically, as my noble friend rightly says, local authorities play a very important role. We fully intend and need them to continue to do so. They have delivered a 95% take-up of the current free entitlement, and I look forward to further discussions on the importance of their role.
The noble Baroness, Lady Andrews, my noble friend Lord True and others talked about the pace of legislation. The introduction of the Bill, with a strong duty on the Secretary of State, sends a clear message to parents and providers about the Government’s commitment. They are expecting us to deliver on our manifesto commitment. They will be able to plan in the knowledge that they can expect this further support for working families, and the market can continue to grow in anticipation. Although the detail that will go into regulations is important, so are the primary powers that we are taking. We will listen very carefully to the issues that the House has raised tonight and will raise in Committee, and I will write with further details to support scrutiny in Committee.
By considering and challenging us on the legal framework at this stage, the House will contribute significantly to the shaping of this policy, but it is equally important to take time to consult providers, parents and local authorities before operational details are fixed. We do not intend to proceed at the pace of a “breathless shriek”, as the noble Lord, Lord Sutherland, said, although I have to admit that that sounds to me rather like a contradiction in terms, even for a philosopher.
The noble Baronesses, Lady Pinnock and Lady Massey, along with the right reverend Prelate the Bishop of Durham and others, talked about the thrust of the Bill and the needs of the child. I assure noble Lords that quality will be central to our provision, and in all things my department seeks to put the child first.
The message is clear: this Government are on the side of working people, helping them to get on and supporting them at every stage of their lives. That is why we are pressing ahead with these reforms, so that not a moment is lost in getting on with the task—going further than ever before to help with childcare costs, helping hard-working families and giving people the choice to get into work or more hours, as my noble friend Lord Suri has said. Having the right childcare in place means that more parents can have genuine choice, security and peace of mind when it comes to being able to support their family. As I have said, noble Lords will understand that it is not yet the time to draft regulations. We are committed to substantial consultation with parents, providers and local authorities first. We must take advantage of that, as we must of your Lordships’ expertise.
I am grateful to all noble Lords who have spoken today for their wisdom. As I have said, I will write to them before Committee, and I will set out further details of our plans for consultation and a policy statement of the principles that will inform delivery of the extended offer. I look forward to further meetings with noble Lords—with the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, with members of the Select Committee and others. I am confident that that will support your Lordships in homing in on the issues, enabling us to benefit from noble Lords’ customary high-quality scrutiny. I look forward to discussing this in more detail in Committee, and I ask the House to give the Bill a Second Reading.