Children’s Wellbeing and Schools Bill

Debate between Steve Barclay and Damian Hinds

Monday 17th March 2025 Commons Chamber

[Damian Hinds]

With respect, there are different levels. There is non-statutory guidance, statutory guidance and primary legislation. I first had to deal with this question in 2019. On that occasion, we decided not to issue a ban. We had a big discussion about it in a legislative Committee. I am not totally sure that it was the right approach to take at the time, but it seemed to be the view of headteachers in particular that there should be no ban. The hon. Member is right that when I was back in the Department for Education, we introduced non-statutory guidance, and I believe that the time has come to write that guidance into legislation. If he will give me a chance, I will say why.

Even if something should be banned, it is perfectly legitimate to ask: why not just let schools decide? Schools know their pupils better. I have made that argument myself many times over the years on many different things. Both the Labour party and the Conservatives find ourselves in the exceptionalism territory. Labour Members of Parliament say, “Don’t tell schools what to do. Leave it up to individual headteachers.” Have they read the rest of the Bill? It prescribes what schools must do in the most extraordinary detail. It takes away academy freedoms, specifies the exact length of breakfast, and says, “You may not have more than four items of branded school uniform. For secondary schools, that includes a tie. Primary schools may not have a tie.” It includes all manner of detailed specifications, except on this one issue.

To give the mirror image, it is true that we believe, in general, that we should leave things entirely up to schools, who know their children best, but this should be an exception. As that hon. Gentleman was just saying—[Interruption.] I was not being rude; I meant the hon. Member for Basingstoke, as opposed to this one, the hon. Member for Chatham and Aylesford. In 2019, we decided not to issue that guidance, but in 2024 we did. It was clear at the time that there was an option to make the guidance statutory, if required.

Since then, the world has kept on changing. My hon. Friend the Member for Harborough, Oadby and Wigston (Neil O’Brien) talked about the continued development, tragically, of mental ill health among children and young people. We had this debate when discussing a private Member’s Bill a couple of Fridays ago. Proving causality perfectly is incredibly difficult—we will probably never be able to do it. However, I do not know about colleagues, but I do not meet many people, particularly not teachers, who seriously doubt that there is a major causal link between the two things.

[Steve Barclay]

My right hon. Friend, who has detailed experience in the Department, is speaking as eloquently as ever on this topic. Before we move on from the Government Members’ interventions, is he, like me, enjoying the slight irony of hearing them argue for consistency, when, on inheritance tax for farmers, the Women Against State Pension Inequality Campaign, winter fuel, national insurance and so many other issues, consistency does not seem to be a priority?

[Damian Hinds]

As ever, my right hon. Friend makes a compelling point. Madam Deputy Speaker, you will be pleased to know that I am coming to a close.