Relationships and Sex Education

Shabana Mahmood Excerpts

Monday 25th February 2019 Westminster Hall

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

It is a pleasure to serve under your chairmanship in this debate, Mrs Moon. The turnout of hon. Members from across the House is testament to its importance.

It is a little disappointing that the debate clashes with the statement by the Secretary of State for Education. We will be making our speeches a little bit in the dark, as most of us have been here in Westminster Hall, rather than in the Chamber for that statement. Matters may have moved on a little, depending on the content of the Secretary of State’s statement. I wonder if that Government statement was initiated by this debate and the e-petition, which many of our constituents signed.

I want to put into context my contribution and the perspective of my constituents. My hon. Friend the Member for Warrington North (Helen Jones) discussed the whole range of issues around sex education, relationships and sex education and relationships education. However, most of my constituents have been contacting me about the specifics of mandatory relationships education at primary school. None of my constituents is seeking particular or differential opt outs at secondary school level. It is all about the age appropriateness of conversations with young children in the context of religious backgrounds.

When these issues were first raised with me, I did what all hon. Members do: I turned to the law itself. What does the Children and Social Work Act 2017 say in respect of mandatory relationships education for primary school pupils? Section 34 gives the enabling power to the Secretary of State to lay down the regulations and guidance, which I believe is the subject of the statement in the House today. It says that religious background and age appropriateness must be taken into account. That is the legislative protection for faith communities, so that children who are being educated in any part of the education system outside the faith school system are protected and have their religious background taken into account.

Before any relationships education is delivered, according to the legislation, there must be a consultation. Failure to hold a consultation has led to a number of issues arising in my constituency and across Birmingham. It was not just a badly conducted consultation that did not involve all parents; there was no consultation whatever. That is in direct contravention of the spirit of the draft regulations and the draft guidance, and the absolute commitment in section 34 in relation to religious backgrounds.

Parents come to me in my advice surgery and say, “There is no consultation, Shabana. Who do we complain to?” It turns out that there is no process and no guidance for how to deal with those concerns. Those parents’ first question to me is, “What is the sanction when a school fails to carry out any consultation at all?” It appears to me that there is no sanction or mechanism. The regional schools commissioner does not have a role. I do not think that the Secretary of State has a role. Nobody seems to be able to say what the sanction is when the process fails.

If a school does carry out a consultation, the question is who decides what is appropriate and what is not. What happens when you have conflicting views between different sets of parents? That is particularly important in respect of religious backgrounds. As a member of a faith community myself, I can tell the House that we are not all the same. There are many differences of opinion between religious groups—between different groups of Muslims—on what is appropriate.

I welcome those from faith communities who are watching this debate from the Public Gallery. I hope they will not mind me noting that many are from the Orthodox Jewish community. There is an interpretation of religious texts within the Jewish community that leads people to what is described as an orthodox set of values and beliefs. There is also a self-described modern, progressive and reform end of the Jewish community, as there is in the Muslim and Christian communities—in all faith communities, in fact.

What happens when religious background is taken into account in a primary school setting in Birmingham and there are two groups of Muslim parents with full religious conviction, one of which says, “Actually, we think this is unacceptable,” and the other says, “No, this is perfectly acceptable.”? Who is the arbitrator when their rights collide? There is nothing in the guidance and no consideration of the fact that it is perfectly possible for religious groups to come to different views about what is appropriate.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

My hon. Friend is making a brilliant speech. Does she accept that that is a particular problem in academy schools, because the accountability points upwards to the office of the Secretary of State? At least with a local education authority school, one can go to one’s local elected representatives to try to sort the mess out.

[Shabana Mahmood]

My right hon. Friend has been attempting to reconcile conflicting interest groups in his constituency, as he will discuss later. He is right that most cases in our constituencies have arisen in academy schools, for which there is nowhere to go other than the Secretary of State. If those schools were within the family of Birmingham local authority schools, we could at least come together in a joint process that respects and gives voice to religious backgrounds—not just moderate, reform or progressive religious communities, but orthodox ones. We could negotiate a settlement that does justice by all parties, allows all our valued, loved and respected communities to be included in that process and enables our children to have the confidence to move forward in modern 21st-century Britain. That is what all the parents who have come to see me in the last few weeks want and why they wanted me to be in the debate.

[Mr Ivan Lewis]

Will my hon. Friend give way?

[Shabana Mahmood]

No, because I wish to give other hon. Members time to make their speeches.

It has been a real problem for parents to get a fair hearing about genuinely held religious conviction in an atmosphere that sometimes does not feel tolerant of religious beliefs. Most of those parents absolutely sign up to the equalities agenda. Particularly in the Muslim community in Birmingham, Ladywood, we recognise that our status as a minority community demands that we stand up for the rights of other minority communities.

It has to be possible to reconcile the differing perspectives on life of different minority communities. I consider it a failure of politics that we find ourselves in entrenched, polarised and divisive debates, where the rights of people are set against one another. We in Parliament—the representatives of the people—have not done our collective job to reconcile those rights. Instead, we have left it to schools. In Birmingham in some instances, that has left us in a total mess, which is not acceptable.

Some of what has been done in Birmingham is not part of an early roll-out of relationships education for primary school pupils, but action under the Equality Act 2010, as my hon. Friend the Member for Warrington North mentioned. The Equality Act sets out several protected characteristics. Nobody disagrees with the protection of those characteristics, but it is a fact of our modern politics—the culture war that we are all living through—that those protected characteristics conflict with one another in some cases. For example, there is no point talking about biological sex and gender identity with children, because the adults of our country cannot decide what the exact relationship between the two is. Those two protected characteristics are clearly in contested territory.

Who decides how we navigate that contested territory and draw a line that does justice by competing groups? It must be Parliament; it cannot simply be left to teachers or state officials acting in other capacities, such as in prisons or schools. There has to be a negotiated settlement led by the Government with input from every part of Parliament. There must be an acceptance that, in a diverse society, we must pitch at negotiated settlements between different groups in which most people can come to a compromise, because they are the greatest thing that we have to offer.

In the absence of anybody willing to play that role, I do not blame parents for saying that they want to opt their kids out, because the subject has become so divisive and polarising that they cannot see another way out. Without any arbitration mechanism or protection for those of us at the unfashionable end of the faith spectrum, in orthodox religious communities—I am an orthodox Muslim—whenever there is a conflict about rights, everybody feels it is okay to ride roughshod over orthodox communities and push them to one side.

I do not believe the Government have the right to legislate for the calling of an individual’s conscience. I ask the Minister to take that point away. Unless he can come up with a system that ensures fairness between competing rights, he must give way and allow a right to withdraw.

[Mrs Madeleine Moon (in the Chair)]

Before I call Fiona Bruce, I remind hon. Members that it is not appropriate to refer to visitors in the Gallery. In this debate, it is especially inappropriate, as people may not wish to be identified.

--- Later in debate ---

[Nick Gibb]

I understand the hon. Gentleman’s point. We have to take into account a range of views. Headteachers will want to respect the views of parents, but there may be exceptional circumstances. I do not want to iterate them in the debate, nor do we want to set them out, but there may be exceptional circumstances with a particular child when it is necessary to refuse the right the withdraw them. They will be very exceptional circumstances.

The previous position was that parents had the right to withdraw their child from sex education until the age of 18. That cut-off point for the right to withdraw is now untenable, as it is incompatible with developments in English case law and with the European convention on human rights. Therefore, we have sought to deliver a sensible new position that suitably balances the rights of parents with the rights of young people. We believe that we have done that sensitively and effectively. Parents will be able to request that their child be withdrawn from sex education and that request should—unless there are exceptional circumstances—be granted, up until three terms before the child becomes 16, at which point the child can decide to opt in. If a child takes that decision, the school should ensure that they receive teaching in one of those three terms.

As with other aspects of the regulations and guidance, we have tested this position with expert organisations, including teaching unions, a wide range of faith groups and subject associations, including the Association of Muslim Schools, the Board of Deputies of British Jews, the United Synagogue, Parentkind, the National Police Chief's Council, the NSPCC, Barnardo’s, Mumsnet, Mencap, the Centre of expertise on child sexual abuse, the Council for Disabled Children and many others. They are listed in the response to the consultation.

We have seen huge support today for the incredible step we are taking with the new guidance and regulations. The guidance further stipulates the need for parental engagement during the development of the RSE policies. Good practice should include demonstrating to parents the type of age-appropriate resources that will be used in teaching. The regulations stipulate schools must have an up to date written statement of their policy, which must be published and available free of charge to anyone. We continue to be clear that parents should understand the content of all three subjects, and that schools should work to understand and allay parental concerns where possible. To respond to the point made by the right hon. Member for Birmingham, Hodge Hill, we have been working with Parkfield Community School and the council to try to resolve the issue in a supportive manner. The regional schools commissioner has been closely involved in the situation and in meetings that have happened since the problem first arose.

[Shabana Mahmood]

Will the Minister give way?

[Nick Gibb]

I am so sorry, but I will not as there is only five minutes to go. The hon. Lady referred to consultation with parents. The draft regulations and guidance outlining this content are the fruition of an extensive public engagement process and call for evidence that received over 23,000 submissions. That evidence was used to develop the draft regulations, statutory guidance and regulatory impact assessment, and was the subject of a public consultation that ran from July to November 2018. There were over 40,000 engagements, over 11,000 submissions and 29,000 signatures on two petitions.

[Shabana Mahmood]

I appreciate the Minister’s comments about how schools are expected to behave as a result of the new guidance, but he has still not addressed the material point about what happens when schools and parents disagree. What is the mechanism for resolving that dispute? What rights will parents have in that process? The process he outlined in relation to Parkfield was made up as he went along, and is not a process that parents can rely on as the guidance is rolled out.

[Nick Gibb]

Ultimately, decisions have to be taken about what the policy is for a school, but the school has to consult. If there are concerns that the school has not consulted properly, then there are a raft of complaints processes for academies and local authority schools that ultimately escalate to the school complaints unit in the Department for Education and the Secretary of State will take a decision, although that will usually be delegated to officials. There are processes for complaints—they will go through academies and the regional schools commissioner. The Department works closely with schools that are facing these challenging circumstances.

These subjects now present an incredible opportunity through updated regulations and guidance. The guidance on these issues had not been updated since 2000, since when we have had significant development in terms of the internet, and all the new risks and problems facing this generation of children. I trust that I have demonstrated the value that relationships education, as well as sex education and health education, offers children growing up in an increasingly complex and diverse world. Importantly, I hope that I have reassured that the position on the right to withdraw from sex education reflects our clear respect for the value and rights of parents.