16 Ranil Jayawardena debates involving the Department for Education

Thu 1st Dec 2016
Tue 29th Nov 2016
Technical and Further Education Bill (Sixth sitting)
Public Bill Committees

Committee Debate: 6th sitting: House of Commons

Fathers in the Family

Ranil Jayawardena Excerpts
Wednesday 1st March 2017

(7 years, 2 months ago)

Westminster Hall
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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It is a pleasure to serve under your chairmanship, Mrs Main. I am pleased to speak in this debate and to follow the hon. Member for Airdrie and Shotts (Neil Gray). I, too, am a father—I have two little daughters, one who is barely a month old and one who is two. I agree that fatherhood is a lifelong commitment. Fathers are part of the family unit and mothers matter too, so we should consider the role that fathers and mothers play together as families.

Families sometimes need help, and I believe the Government have a role in ensuring that families get the help they need when they need it most, which is why I am concerned that the tax burden on families is much higher in the UK than it is elsewhere in the world. At the OECD average wage for the UK of £36,017, the tax burden is 20% greater than the OECD average for single parents with two children and 26% greater for one-earner married couples with two children. That unfavourable position for single-parent or single-earner households mainly results from the fact that UK income tax does not sufficiently take account of marriage or family responsibility, which puts a burden on both fathers and mothers. We need to be mindful of that.

Let me put that in context. The UK has low taxes overall. In contrast with the position of single-earner families, single people without family responsibilities pay 8% less than the OECD average, 21% less than the EU15 average and 19% less than the EU21 average. I believe that the Government should consider the support they can provide families through the tax system. They should recognise that although for plenty of families, including many in my constituency, it is totally the norm for both spouses to work, there are also many families for whom it is not, whether because one spouse cannot work or because they want to be at home. I do not think the Government should tell families what they must do. They should not tell families that both parents have to go to work and that childcare will be provided for them. It should be for families to decide those things. It should be for mothers and fathers to make those decisions for their children.

In that vein, the Government should be more neutral on these matters. They should say, “Yes, great—we are going to do more to provide childcare for those who want it.” They have a great agenda on that, but they should also ensure that people who want to look after their own children are not forgotten.

Each year, £1 trillion-worth of unpaid work is done in this country. That phenomenal amount of work goes on under the radar and is uncaptured by most statistics. It is important that we do not allow people up and down this land to be forgotten. There is good that the Government can do, and they can do it for married-couple families too.

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Ranil Jayawardena Portrait Mr Jayawardena
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Does my hon. Friend agree that it should be the parents’ decision whether they work or not if they can afford it?

Caroline Dinenage Portrait Caroline Dinenage
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Absolutely; that is fundamental. Parents should make their own decisions about whether they want to work or stay at home and look after their children, and about which of them decides to do that role.

Flexible working can allow fathers to spend more valuable time with their children and achieve a better work-life balance. Some Members and the Women and Equalities Committee have called for shared parental leave and flexible working to be made compulsory, or for the regulation to be extended. All I will say is that these are relatively new regulations. It is going to require a culture shift in order for these things to take off properly, and that will take time.

Oral Answers to Questions

Ranil Jayawardena Excerpts
Monday 6th February 2017

(7 years, 3 months ago)

Commons Chamber
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Nick Gibb Portrait Mr Gibb
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I suggest that the hon. Lady tells schools in Hull that, because of the way in which the new national funding formula addresses historical anachronisms and because of our focus on tackling deprivation, Hull’s school funding under the formula rises from £157 million to £161.7 million, which is an increase of some 3%. In her constituency of Kingston upon Hull North, funding rises by £1.4 million, with 83% of her schools seeing an increase in funding on the basis of 2016-17 figures.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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5. What assessment she has made of the effect of the proposed national funding formula on schools in Hampshire.

Justine Greening Portrait The Secretary of State for Education (Justine Greening)
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As we have been hearing, the Government want a fairer approach. It is clear that the Labour party supports the status quo of an unfair, un-transparent, outdated postcode-lottery approach to how schools funding is distributed. For Hampshire, this fairer alternative will mean extra money: £9 million of extra money every year for high-needs children in local Hampshire schools, in fact, and a further £4.5 million every year for Hampshire schools overall on top of that. My hon. Friend’s local schools in North East Hampshire will gain more than £1 million a year.

Ranil Jayawardena Portrait Mr Jayawardena
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I thank the Secretary of State for those figures, which are most welcome—indeed, the county council leader said that to me the other day—but living costs are also high in Hampshire, especially in North East Hampshire. Will she consider tweaking the formula so that it includes a cost-neutral cost of living allowance, given that the average house price in my patch is £375,000, but house prices just over the border, where there is a London allowance, are £50,000 cheaper?

Justine Greening Portrait Justine Greening
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I am sure my hon. Friend will want to make those points as part of the consultation that is under way, but as he will be aware, our formula looks at area cost adjustments that take into account variations in not only the general labour market but specifically the teaching labour markets. Such an approach is designed to compensate schools that face higher wage costs. We have a measure that is based on salaries, which we think is the best way, but as I said, this is a consultation and I am sure he will want to put the point he makes into it.

Technical and Further Education Bill (Seventh sitting)

Ranil Jayawardena Excerpts
Robert Halfon Portrait Robert Halfon
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Will the hon. Lady allow me to think about that example? We will consider transfer schemes in detail later, but I do not think the issue she highlights would arise. The transfer schemes are particularly about looking after the students and establishing who the provider is if the existing college management are no longer looking after the students. There might be a different provider, but we will come on to that point later in our consideration.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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Is not the point, as we heard in the evidence from the banks, that some banks may take a view that they should realise their security? The provision allows for learners to be prioritised in any transfer or land, property and so on, so that that is to their interests. They should come first.

Robert Halfon Portrait Robert Halfon
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My hon. Friend has it exactly right. He asked that question in our evidence sessions, and one of the banks said, “No, our whole purpose is to act in the interest of the lenders.” The whole purpose of this provision, however, is to act in the students’ interest. Creditors will get a fair deal, but one that is in the interest of students.

I will come on to transfer schemes in a minute. The area review mergers are different, but it is important to quote Richard Atkins, the FE Commissioner, from the evidence session. He said:

“Mergers do not necessarily mean the closure of sites, so they do not mean the end of provision for students locally. Clearly, in rural areas, for example, the history of the sector has been that provision has not gone even when there have been mergers. When Truro and Penwith came together, that did not end provision in Penzance. In fact, it regenerated the provision in Penzance to a higher standard. You can see that across the country.”

I accept he is talking about area reviews, but he went on to say:

“The idea that you close provision down in a particular district, borough or town is not something I would be in favour of at all. I would be looking for merger solutions that bring together back-room services, avoid duplication and so on.”––[Official Report, Technical and Further Education Public Bill Committee, 22 November 2016; c. 26, Q34.]

This will not always be the case, but it is important to say that a merger does not necessarily mean the closure of provision in an area.

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Robert Halfon Portrait Robert Halfon
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I again thank the hon. Gentleman for his remarks and his thoughtful amendment. I not only understand the concerns but, when looking at the Bill in the early stages, asked those questions myself. I hope that I can reassure him. I will answer some parts of what he said and then go into the substance, if I may.

On a point of clarification, it will be for the Secretary of State or the Welsh Minister to decide whether to apply for an education administration order, but they can do so only if the FE body is insolvent in accordance with the definition in clause 17—if it is unable or unlikely to pay the debt. It does not happen automatically.

The hon. Member for Blackpool South will know that insolvency practitioners are very qualified individuals—usually accountants or insolvency specialists. Practitioners with experience in FE and education do exist; I met one only a few days ago who happens to work for the Skills Funding Agency, to talk through these very issues. However, we must make it clear that according to the laws of insolvency, only insolvency practitioners can legally act as office holders in insolvency proceedings—liquidators, administrators and administrative receivers of companies. They are regulated through the Insolvency Act 1986.

The key qualification of the insolvency practitioner to deal with an insolvent college is their expertise with respect to a business or non-profit-making organisation that is insolvent. There are special administrative regimes in other areas such as utilities and the postal service. In addition, they can draw on the knowledge of the governors and staff at the college, and the wider sector. As I said in a previous debate, it is possible—it is most likely—that the insolvent college will have undergone a period of intervention before becoming insolvent, so the education administrator will also be able to consult the Further Education Commissioner. I repeat—I want it to be clear—that we would expect, in an appropriate case, the Education Minister to liaise with the FE Commissioner.

It has also been said that it is inconceivable that the education administrator would take decisions on how to meet the special objective without first having conversations with the range of key stakeholders. Mention has been made of Mr Harris’s evidence to the Committee. He said:

“From an insolvency practitioner’s perspective, it is worth standing back and recognising that insolvency practitioners are not train drivers, or people who spend their life in the railway or the London Underground, when it comes to a special administration regime, nor are they specialist property developers. They come to each situation afresh. One comforting thing that insolvency practitioners bring is recognising when they need to keep in place the existing management structure in a corporate sense, or the workforce in a pastoral sense, recognising that those people have skills and qualifications that they as an office holder do not necessarily have, and also recognising that they can bring outside specialist help to continuing the duties of education administrator, should the need arise. That is all part and parcel of any trading insolvency regime, and I would imagine that any office holder stepping into the role of an education administrator would have that at the forefront of their mind. I do not think it presents a unique challenge; it is very similar to all the other special administration roles. There is an extra dynamic—there is a pastoral element.”––[Official Report, Technical and Further Education Public Bill Committee, 22 November 2016; c. 46, Q60.]

Of course, as Stephen Harris pointed out, when an institution is insolvent, there is a critical need for someone who understands and can deploy the tools necessary to ensure that the education administration is properly managed. Given what I have told the Committee, we expect that that is exactly how the education administrator will operate. Many insolvency practitioners come from big companies that have huge amounts of expertise in a range of fields, including education. The leadership team of the FE body would be in place to provide support on the day-to-day running of the college and information to assist the education administrator in his task of achieving the special objective. So would the Further Education Commissioner and Sixth Form College Commissioner and their teams, and officials in the Department for Education. That is how the interaction between the various bodies highlighted by the hon. Gentleman works.

Of course, the education administrator will be free to seek advice from any other source, but I think that introducing unnecessary requirements as to the appointment of an education administrator would limit the pool of insolvency practitioners from which we could draw, in the event that we needed to use the special administrative regime.

Ranil Jayawardena Portrait Mr Jayawardena
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The Minister is making a very important point. Does he agree that the arguments the hon. Member for Blackpool South outlined earlier about the complexity of such insolvency regimes and the unwinding, possibly, of certain troubles that FE colleges might get into—on rare occasions, as the Minister said—is actually the reason why it is important that insolvency practitioners are the people appointed to deal with these situations, because they are aware of how to deal with these complexities?

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Gordon Marsden Portrait Gordon Marsden
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The amendments are again intended to probe the primary concern of the education administrator. They are relatively terse because they remove particular references and lines. Before I comment on them, I will make the point about why we are concerned and then talk about the broader issues.

Amendment 3 expresses our belief that it is important to say that the education administration objective is the primary purpose. The Minister has given strong indications, notwithstanding the nature of the education administrator’s position and background, but we think it is important to say that the primary concern should be the special education administration objective, minimising disruption to learners.

With regard to amendment 4, I have sat on a number of Delegated Legislation Committees and, to be honest, I do not think I have ever seen such a meandering and imprecise phrase in brackets as “if possible”. That could cover a multitude of sins. That is not the sort of draftsmanship that one normally expects to see in a Bill of this nature, and that, too, makes us concerned to ensure that the education administration objective is the primary concern.

This is not just an issue that concerns us. The Association of School and College Leaders raised a number of questions about the education administrator in its written evidence to the Committee. It states:

“The proposed mechanism itself gives rise to numerous concerns and uncertainties.”

It refers to the powers that have been transferred to the education administrator, such as whether he or she can

“dissolve a corporation established by Act of Parliament”.

We may touch on some of those points later. It goes on to raise the issue we discussed earlier with amendment 34 about the licensed insolvency practitioner. It also asks

“what lines of responsibility there would be during that period over matters such as safeguarding. If that were found to be inadequate, who would then have oversight…?”

Would that be the education administrator? If so, what would the implications be for the college in question?

The Government’s own consultation response document raised issues surrounding the need for further protection of learners. The House of Commons Library briefing reports:

“Of particular interest to respondents was the proposed introduction of the SAR, and the special objective that would require the education administrator to avoid or minimise disruption of the studies of the existing students, and ensure that it became unnecessary for the FE body to remain in education administration for that purpose. Although many respondents were supportive of the need and ‘ambition’ for the special objective, almost two-thirds questioned whether it sufficiently reflected the needs of learners and creditors.”

I assume that means the issue that the Minister and I have been discussing about where the balance is between those two separate processes. For example, the Association of Teachers and Lecturers stated in its response that the proposed SAR, in focusing on students as consumers, did not recognise

“the individual and societal benefits of further education”

or

“the instability and disruption to learners and their studies that they will inevitably experience as a result of their college going into administration.”

The Minister may disagree with those assessments, but they shine a light on the concerns among people who teach in colleges of this nature, so they are germane to the amendments that we have tabled.

Last week’s evidence session with the banks was particularly concerning in relation to the lack of information on finances and their ability to lend in future—hence some of the questions I asked.

Ranil Jayawardena Portrait Mr Jayawardena
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I respect the point that the hon. Gentleman is making, but he mentioned, in reference to subsection (2), a lack of clarity. Is it not true that the objective of education administration is set out very clearly in clause 14? It sets out that learners come first, ensuring that it becomes unnecessary wherever possible for the body to remain in education administration. However, on even rarer occasions it might be necessary for people to act in a different way in order to put learners first. That is what the Bill is trying to achieve.

Gordon Marsden Portrait Gordon Marsden
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I know that is what the Bill is trying to achieve; the question that we are here to decide is whether the Bill, as drafted, actually achieves that. I do not want to trade clauses with the hon. Gentleman, so I will only say, as I have observed previously, that clauses 14 and 22, although they deal with different aspects of the functions of the education administrator, are somewhat ambiguous in that respect. I will not take up the Committee’s time, but I refer the hon. Gentleman to the explanatory notes to both clauses. He will see that there is some tension there, which is why we are probing in the way that we are.

We must take into account the pressures that the administrator will face. It was particularly interesting to hear what Richard Meddelton from Lloyds said. As we know, Lloyds is an extremely important player in the college funding world. He said:

“As a lender, the ranking—again, it is unclear at the moment—may well sit behind a creditor. In addition, as we interpret it, even as a secured creditor the security could be transferred into a separate entity.”––[Official Report, Technical and Further Education Public Bill Committee, 22 November 2016; c. 41-42, Q48.]

Richard Robinson said:

“The issue is that it does not specify where that ranking lies. That, for us, is very important. Although it could rank at the back, it could also rank ahead of us.”––[Official Report, Technical and Further Education Public Bill Committee, 22 November 2016; c. 48, Q65.]

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Gordon Marsden Portrait Gordon Marsden
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If the hon. Gentleman will allow me to finish the quotation, I will happily let him intervene.

Richard Meddelton went on to say that

“under the current system if we have security, we have priority. The reality is that we have viewed it as quasi-Government because in the past—obviously the past is no prediction of the future—that money has been forthcoming”.––[Official Report, Technical and Further Education Public Bill Committee, 22 November 2016; c. 42, Q49.]

The banks have concerns about how the insolvency framework will work for them in financial terms. That will inevitably affect what the education administrator can do to fulfil the broader function that the Minister made.

Ranil Jayawardena Portrait Mr Jayawardena
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I thank the hon. Gentleman for reminding us of the evidence we heard. Again, as we are discussing Lloyds, I refer Members to my entry in the Register of Members’ Financial Interests. Did Lloyds not also say, though, that at the moment they are not necessarily able to say that they would protect learners first, so in that respect this is a good thing for learners? However, the other banks, particularly Santander, said that the certainty would allow them to lend more. One bank does not necessarily speak for all.

Gordon Marsden Portrait Gordon Marsden
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I accept that. I would only observe that Lloyds, as we know, is a particularly large and extremely important lender to colleges.

To sum up, although I will refer to these issues in relation to future amendments, we want to hear more detail on them from the Minister. On that point, I will conclude my remarks.

Ordered, That the debate be now adjourned.—(David Evennett.)

Technical and Further Education Bill (Sixth sitting)

Ranil Jayawardena Excerpts
Gordon Marsden Portrait Gordon Marsden
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As I was saying, on clauses 2 to 12—we will obviously proceed to the second part of the Bill, which deals, in schedule 3, with the important issue of the innovation of education administrators—it is important to understand why the Government have to address these issues at this time. The reality is that these insolvency rules are important to protect, above all, students and those in colleges. Colleges are crucial for providing further education nationally and have an important local presence. When colleges have financial difficulties, that can affect many stakeholders, including students, employers, lenders, the funding and oversight bodies and the local communities in which they are situated. Colleges are, quintessentially, locally based and respond to local employment and skill needs. That is why they have been successful over the years in being able to adapt, sometimes in a rather more nimble fashion than universities—although there are community-based universities that resemble FE colleges in their output and remit more than they do traditional universities.

The reality is that the FE sector has experienced a prolonged period of funding cuts. The House of Commons Library briefing shows the scale of the reduction in funding: in adult further education and skills, funding fell from a 2010 baseline of

“£3.18 billion to £2.94 billion in 2015-16, a reduction of 8% in cash terms or 14% in real terms.”

The financial health of the FE college sector has been declining since 2010-11. There was a deficit in the sector in 2013 for the first time, and 110 colleges recorded an operating deficit. The number of colleges assessed by the Skills Funding Agency as having inadequate financial health rose from 12 to 29 in the same period. That decline in the sector’s financial health is one of the things that has fuelled what the Government have said here today.

We have already referred to the searing report produced by the National Audit Office in 2015, and I do not intend to go into detail on that again. It is obvious, and not an open secret, that the Treasury has insisted on a robust insolvency scheme as part of the quid pro quo for the additional funding that has gone into the sector. That is the reason for the profusion of these clauses in the Bill.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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Is it not also true that, from the evidence received, banks would welcome this certainty? The position for them is currently unclear, and that could help them lend more to the sector, which is invaluable in helping our students.

Gordon Marsden Portrait Gordon Marsden
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I thank the hon. Gentleman for his intervention, and for the penetrating questions he put to the witnesses. Hopefully that will be a by-product of the process, and that is entirely right. I am also bound to observe that there are other factors pushing it down this route. One of those other factors is the underlying financial weakness of the sector. When the further education commissioner gave evidence—he talked of 82 or 84 colleges in a merger position—he was, to be blunt, far more optimistic and gung-ho about the outcome of those mergers than I would be. From memory, some other members of the Committee expressed a different point of view. The truth of mergers is that they do not always work out well, and this was commented on by Mr Pretty from the Collab Group. He made those observations based on his own experience. There are a number of factors here. Changing priorities in public funding is a reduction, it is how some colleges have struggled with large debts or partially completed capital investment projects. The latter partly reflects weaknesses in the planning and financing of capital projects under the former Learning and Skills Council.

Oral Answers to Questions

Ranil Jayawardena Excerpts
Monday 25th January 2016

(8 years, 3 months ago)

Commons Chamber
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Baroness Morgan of Cotes Portrait Nicky Morgan
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I welcome the hon. Lady’s appointment. She will know of my personal interest in this matter, and that I am the first Secretary of State to task one of the Ministers in my Department with specific responsibility for mental health education. It is a shame that she did not have a chance to amend her question—or perhaps her statement—before she stood up. If she had done so, she could have reflected the fact that I have already talked about the joint training pilots, about the £1.25 billion my right hon. Friend the Prime Minister has already announced, about the PSHE Association, about training for schools and about the provision of counselling. I look forward to working with her on this very important issue.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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2. What progress the Government have made on implementing their policy to provide 30 hours of free childcare for working parents.

Lord Evans of Rainow Portrait Graham Evans (Weaver Vale) (Con)
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5. What progress the Government have made on implementing their policy to provide 30 hours of free childcare for working parents.

Sam Gyimah Portrait The Parliamentary Under-Secretary of State for Education (Mr Sam Gyimah)
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We are making rapid and substantial progress towards our manifesto commitment to provide 30 hours of free childcare for working families. The Chancellor has committed to an increase in funding for free places of more than £1 billion a year by 2020. The Report stage and Third Reading of the Childcare Bill will take place this afternoon, and early implementation is on track for this autumn, with full roll-out in 2017.

Ranil Jayawardena Portrait Mr Jayawardena
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In rural areas, nurseries are often smaller which can result in higher costs per pupil. Can the Minister assure me that those nurseries will not be adversely affected, and will he visit my constituency to see some of those nurseries at first hand?

Sam Gyimah Portrait Mr Gyimah
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May I reassure my hon. Friend that our review of childcare costs, in consultation with the sector, took into account the cost of childcare for every type of provider right across the country? We have announced an increase in the average national funding rate from £4.56 an hour to £4.88 for three and four-year-olds from 2017-18 and will be consulting to ensure that that reaches the frontline. In response to my hon. Friend’s request, I would be delighted to visit nurseries in Hampshire, which, I know, are at the forefront of innovation in the sector.

Oral Answers to Questions

Ranil Jayawardena Excerpts
Tuesday 30th June 2015

(8 years, 10 months ago)

Commons Chamber
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Lord Vaizey of Didcot Portrait Mr Vaizey
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We work closely with the Northern Ireland Executive on the issue. Something like £23 million is helping to roll out superfast broadband in Northern Ireland and get it to the level it should be at.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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My hon. Friend the Member for Taunton Deane (Rebecca Pow) was right to mention rural businesses. Does the Minister agree that it is important for BT and others to streamline the way in which local authorities can provide match funding to help the final 5%?

Lord Vaizey of Didcot Portrait Mr Vaizey
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Yes. The success of the broadband programme so far means that focus is now turning to the final 5%, and in the next few months we will announce our plans to deliver for them. I am delighted that some £14 million has helped Hampshire get to 89%, and phase 2 will take it to 96%.