Education (Guidance about Costs of School Uniforms) Bill

Debate between Lord Watson of Invergowrie and Lord Russell of Liverpool

Friday 16th April 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

The noble Baroness, Lady Garden of Frognal, has withdrawn from this debate, so I call the noble Lord, Lord Watson of Invergowrie.

[Lord Watson of Invergowrie (Lab)]

My Lords, I hope I set out clearly at Second Reading the view of these Benches regarding the need for the Bill, and I have no intention of repeating what I said then. I would like just to recognise the valuable advice that the Children’s Society has continued to provide to myself and other noble Lords since Second Reading.

Since Second Reading we have also received the report by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House. At paragraph 3 the committee draws attention to the fact that the Bill’s Explanatory Notes at paragraph 13 say that the Bill

“sets out who has to comply with the guidance”,

yet paragraph 12 of the Department for Education’s memorandum to the committee states that the Bill does not impose any particular course of action in terms of compliance. Can the Minister offer clarification as to the at least apparent discrepancy between these two statements?

The draft guidance is welcome, not least paragraph 15, which reminds schools that they should keep branded items to a minimum—although it would have been useful to have an indication of what is meant by a minimum. The guidance also refers at paragraph 39 to local authorities and multi-academy trusts providing school clothing grants to help with the cost of uniforms for less well-off families. That will prove a decisive factor in the Government being able to deliver on their aim of ensuring that disadvantaged parents are not disproportionately affected by the cost of school uniforms. What assurances will the Minister provide to noble Lords that local authorities and multi-academy trusts will be provided with additional funding, ideally ring-fenced, to accompany the new guidance in this regard? Also, on the subject of single-supplier contracts, can the Minister explain how the draft guidance will guarantee transparency in the operation of such contracts, and in particular that there is genuine competitive tendering?

At Second Reading, the Minister said that she

“would like to be in a position to issue the guidance this autumn”.—[Official Report, 19/3/21; col. 559.]

Can she be more specific today? I have always regarded September as autumn, but with schools usually returning in the first week of that month, that would mean the guidance not taking effect in time for the new school year. Although that would be unfortunate, it may be unavoidable, but can the Minister confirm that it will be possible for the guidance to begin to take effect during 2021-22 school year?

In helpful discussions that I and my noble friend Lady Lister had with the Schoolwear Association, it made it clear that it is seeking a period of 18 to 24 months before the guidance is fully operational. I am not alone in regarding that as excessive. Does the Minister agree that a backstop of September 2022 would be appropriate so as to ensure that families who have been hardest hit financially by the pandemic need not carry the unnecessary burden of excessive school uniform costs beyond that point?

The reason we are here at all today is that the noble Lord, Lord Blencathra, has submitted his amendment, which he moved, typically, in terms as trenchant as those he used at Second Reading. Although, as he explained, he played no part in the committee’s deliberations, his amendment very much encompasses the considered view of the Bill as set out by the Delegated Powers and Regulatory Reform Committee. At Second Reading the noble Lord sought both the publication of the draft guidance during consideration of the Bill and that it should be subject to parliamentary scrutiny. The first of those has been met but the second has not—hence his amendment.

At Second Reading the noble Lord said:

“If something is important enough to be made statutory, it is important enough for Parliament to scrutinise it”.—[Official Report, 19/3/21; col. 550.]


In principle, I cannot disagree with that at all, and I would prefer that it were applied in the case of the Bill. However, I am afraid that the noble Lord cannot dismiss concerns that, were his amendment to pass, it would delay the Bill. He has acknowledged that fact, and I was very pleased to hear that. I am afraid that the Government would neither make time available to allow the other place to consider and debate the amendment and return the Bill to your Lordships’ House in the 10 sitting days that remain before Prorogation, nor, perhaps more importantly, include a similar Bill of their own in the Queen’s Speech next month.

The reason I am clear on that last point is that, despite the November 2015 HM Treasury document entitled A Better Deal, which stated that

“The government will ensure that parents and carers get the best value deals on school uniforms in England”,


nothing has happened to bring that about. In the subsequent five and a half years I have seen three Prime Ministers and three Queen’s Speeches, but nothing has been done to bring forward provisions such as those in the Bill we are discussing today. So I have little faith in the Government expending any more effort than they are demonstrating with this Bill—merely giving it a fair wind at a time when they do not have what they regard as more important business to schedule.

However, the focus must be on the Bill and it is important that it becomes law. That is why I was relieved to hear the noble Lord, Lord Blencathra, say that he does not intend to press his amendment. That will allow this important Bill to complete its journey to Royal Assent, and I, together with many young people and families, look forward to it coming fully into effect at the earliest possible date.