Sex and Relationship Education

Debate between Stella Creasy and Caroline Dinenage

Monday 23rd January 2017 Commons Chamber

[Caroline Dinenage]

Yes. My hon. Friend is absolutely right. We want to enable young people up and down the country to face the challenges of the modern world. We have given a great deal of consideration to the recommendations that arose from the Women and Equalities Committee’s inquiry. In our response, which was published on 9 November 2016, we committed to work with stakeholders, including teachers, parents and pupils, to produce a framework that gives schools sufficient support to produce their own codes of practice, setting out a whole-school approach to inclusion and tolerance while combating bullying, harassment and abuse of any kind.

Despite the usefulness of the Committee’s important evidence sessions, we recognise that the scale and scope of the problem are still not yet fully understood. To improve both our understanding and that of schools, we have also committed to build our evidence base—a work programme that is currently being developed by the Government Equalities Office. That sits alongside a commitment to provide best practice examples of effective ways to work with boys and girls to better promote gender equality and respond to incidents of sexual harassment and sexual violence. Additionally, we have put plans in place to set up an advisory group to look at how the issues and recommendations in the Select Committee’s report can be best reflected within existing DFE guidance for schools, including “Keeping Children Safe in Education” and our behaviour and bullying guidance.

There is more that we need to do. The Secretary of State has made it absolutely clear that we need to prioritise progress on the quality and availability of SRE and PSHE. In making that progress, we must of course look at the excellent work that many schools already do as the basis for any new support and requirements.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

There is general agreement across the House that this is the right thing to do. Likewise, it has been recognised that with Brexit coming down the track our capacity is limited to pass legislation to ensure that every school does this. New clause 1 of the Children and Social Work Bill would require every school, both maintained schools and academies, to provide age-appropriate, inclusive relationship education—the very education that we all want to see happen. Given that and the time constraints—that Bill is almost on Report—will the Minister commit tonight to back new clause 1 or to come back with something exactly like it on Report? There is no time left to ensure that we make good on our promise to those children.

[Caroline Dinenage]

My right hon. Friend the Secretary of State has been clear that we will set out plans to move forward as part of that Bill.

The existing legislation requires that sex education be compulsory in all maintained secondary schools. Academies and free schools are also required by their funding agreement to teach a “broad and balanced curriculum”, and we encourage them to teach sex and relationship education within that. Many schools choose to cover issues of consent within SRE, and schools are both able and encouraged to draw on guidance and specialist materials from external expert agencies.

Registration of Births

Debate between Stella Creasy and Caroline Dinenage

Wednesday 23rd March 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Walthamstow (Stella Creasy) on securing this important debate on such a vital issue.

We are here because of the tragic death of the hon. Lady’s constituent, David. At the outset, I pay tribute to him, to his partner, Joana, and to all the other women she mentioned—Penny, Rebecca and Kate. Joana and the others have shown incredible bravery in utterly devastating circumstances. I was deeply moved when I read Joana’s account of her family’s experience. I acknowledge the courage and determination she has shown by speaking out publicly on this issue. It cannot have been easy for her.

The hon. Lady makes a compelling case for addressing the issue at hand, which is the lengthy and complex process that Joana had to undertake to put the name of her baby’s father on her birth certificate after he tragically and unexpectedly died before the child was born. Of course, nothing can undo the devastation of these terrible circumstances, but recognising a deceased father on a birth certificate is an important step in honouring their memory.

I understand utterly the sense of frustration when the system appears to make things very difficult. It has been very valuable to listen to the points that the hon. Lady has made today, all of which I have taken on board. I hope that I can explain how the law operates and why, and how the law, the courts and the registration process provide for the recognition of fathers in such tragic circumstances, but I will also consider all the suggestions that the hon. Lady has made.

Moving away from the specific details of this case, I will lay out the general position on parentage. The two key principles in English law in this regard are the “presumption of legitimacy”, which assumes that a child born to a married woman is the child of her husband, and genetic fatherhood, whereby evidence can be used where necessary to prove paternity.

The law presumes that a married man is the father of his wife’s child, so his registration as the child’s father is automatic. The law does not give the same recognition to unmarried fathers, because currently there is not any legal framework that presumes their paternity. In ordinary circumstances, an unmarried father will consent to his registration as the father of the child and usually he will attend the registration of the child’s birth with the mother, but the registrar can also recognise the father’s entitlement to be registered if he has a parental responsibility agreement, a parental responsibility order or another suitable form of court order. However, where that is not possible, in tragic cases such as that of Joana, the law provides an alternative way for a deceased father to be recognised as a child’s father, and then to be recognised through the birth registration process.

The Family Law Act 1986 allows a court to make a declaration of parentage, and anyone can apply for a declaration to the High Court or the family court, and the final order of the court will be a declaration that a person named in the application was the parent of the child. The Registrar General is then responsible for authorising the re-registration of the birth to include the name of the deceased father, under the Births and Deaths Registration Act 1953. This process should not be lengthy or expensive, but unfortunately that does not appear to have been the experience of the hon. Lady’s constituent.

The hon. Lady rightly points out the necessary provision to prevent birth registration from naming someone falsely as a child’s father, because obviously a birth certificate could potentially be used to support a false claim for something such as nationality or the right to inherit property. Consequently, it is really important that a birth certificate generates a high level of confidence in the information that it contains.

However, a key intention of the provisions for family proceedings was to try to make the process simpler, so that people would not need legal representation, which should keep the costs down. The application form for a declaration of parentage explains all the information that is required and contains directions that enable the application to be completed successfully. However, in light of the experiences I have heard about today, I am very happy to look at the information available to people registering births and to consult with the General Register Office to see whether this process needs to be improved to make the position clearer for applicants, especially those unfortunate enough to have experienced the death of a partner shortly before the birth of a child.

In addition, I know that one of my ministerial colleagues in the Home Office is already looking at the registration process for marriage and I am more than happy to have a conversation with him to request that the registration of births is also covered. I will particularly ask that international examples are looked at to see whether they can be taken into consideration.

[Stella Creasy]

I thank the Minister for her comments. Nobody is suggesting that we do not need a robust process for registering births. However, what troubles me particularly in this instance is the difference between a registrar taking on that role and seeking a court intervention. She and I may differ on whether the cost of the court fees is excessive, but the principle that the court has to be involved at all is the challenge, especially when we allow registrars to amend a birth certificate. It is registering a name in the first place that is the challenge when the father is deceased and the parents are not married.

Will the Minister commit to examining why we presume a registrar can exercise their professional judgment to amend a registration when perhaps even married people might not have given the whole truth at the point of registering a birth, but, when it comes to adding the name of a person who cannot be there for a very reasonable reason—because they have passed away—we deny the registrar’s professional expertise? The simple resolution would be to extend the use of that professional expertise to both instances, rather than saying that only the courts can add a name, but that a registrar can amend a name.

[Caroline Dinenage]

Yes, as I have said, I will consider that, and also discuss it with my counterpart in the Home Office, who is already considering registrations of marriages, to see whether that scrutiny can be extended to registration of births as well, particularly in cases of this kind. I would like, in conclusion, to express my sympathy to Joana, who had such a terrible experience following the loss of her partner, and to her daughters, on the loss of their dad.

[Stella Creasy]

For clarity, may we have a timetable for the scrutiny of marriage licences, and for consideration of extending the registrars’ powers to add a name? Now that we have opened up the matter in debate, we know that several families are in the same position, and they would welcome clarity about when they will get answers.