Schools and Colleges: Special Educational Needs

Baroness Barran Excerpts

Monday 15th April 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, I beg leave to ask the Question standing in my name in the Order Paper and remind the House of my declared interests.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the SEND and alternative provision improvement plan aims to create enduring and inclusive cultures in our schools and colleges, by delivering training and knowledge to improve SEND support. We are delivering teacher training frameworks for greater SEND content, a new qualification for school SENCOs, the universal services programme, national standards, teacher training bursaries for specialist SEND teachers in further education and partnerships for inclusion of neurodiversity in schools.

[Lord Addington (LD)]

I thank the Minister for that reply. However, why do we not have a strategic plan to make sure that at least the most common special educational needs—I once again remind the House of my interest in dyslexia—are embedded within schools? We do not want to go through the process of parents having to spot that their child is struggling, but for the school to come to the parents and say, “You have a special educational need”, not the other way round. It is reckoned that over half of special educational needs are not spotted at school.

[Baroness Barran (Con)]

I would say two things to the noble Lord. First, we do not need a diagnosis for a child to be able to offer them support; it is important that a child gets support as quickly as possible. Secondly, our improvement plan is exactly the strategic plan that the noble Lord refers to.

[Lord Lexden (Con)]

My Lords, is it not the case that provision for special educational needs in our country would be greatly damaged by Labour’s proposed education tax? The party says it would exempt from the VAT charge those in independent schools with education, health and care plans, but there are some 100,000 in independent schools with special educational needs who lack such plans. How on earth would the state sector cope with the large number of special needs students in independent schools who would be forced to leave them, with grave damage to their education, by Labour’s education tax? I declare my interest as president of the Independent Schools Association.

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[Baroness Barran (Con)]

My noble friend makes a very good point. As the House knows, the Government have invested very large amounts of money in increasing capacity for special school places, rising by over 60,000 places since 2010, but the sector is still using independent schools. It would put huge pressure particularly on those children and their parents.

[Baroness Blower (Lab)]

My Lords, does the Minister accept that, notwithstanding the list she gave in response to the first Question, the underfunding in our mainstream schools system means that there are many children in mainstream schools whose needs are not being met? Does she further accept that, occasionally, those children who get plans in primary school find it difficult to find a secondary school, because secondary schools can choose not to take children with plans, thus making them undesirable to schools because they know they cannot meet their needs?

[Baroness Barran (Con)]

The national funding formula is structured, as the noble Baroness is aware, to make sure that funding is targeted towards pupils who need additional support. In 2024-25, over £4.5 billion, or about 10% of the formula, is allocated according to deprivation factors, and £7.8 billion, almost 18%, will be allocated for additional needs factors. Both those elements correlate with the prevalence of SEND.

[Baroness Bull (CB)]

My Lords, the Minister will know that there are many thousands of individual special needs teachers who go that extra mile in meeting the very individual needs of young people with special needs. What is the department doing to ensure that, where people have come up with innovative ways to address needs, learning is both retained within the institution, as in the original Question, and shared with other schools across the sector?

[Baroness Barran (Con)]

That is precisely what we are aiming to do through our practitioner standards. The noble Baroness will be aware that we are starting with the biggest areas of additional needs: speech, language and communication; autism; and mental health and well-being. We have a twin approach; we partly have academic researchers looking at the evidence base, but we are also working very closely with practitioners to make sure we capture the best practice, and then publish and share it.

[Baroness Thornhill (LD)]

My Lords, at the heart of my noble friend’s Question was surely the issue of teacher retention. Workload pressure is cited as the number one reason for teachers leaving the profession. The Government currently have a Workload Reduction Taskforce, which in January published its Initial Recommendations. One of those really surprised me; it was to fully implement and strengthen the recommendations of the two previous reviews, held in 2016 and 2018. Could the Minister assure us that the DfE and Ofsted will at some point publish a joint response on their success in fulfilling these recommendations, as they agreed at the time, or what confidence can the profession have that the recommendations of this current task force will be taken on board?

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[Baroness Barran (Con)]

I can genuinely reassure the noble Baroness that teacher workload and teacher retention are incredibly high up our list of priorities within the department. It is a central focus of the team. In addition to workload, it is critical that we equip our teachers with the skills, experience and confidence they need to deal with what they are facing in the classroom. That is why, for example, the inclusion of much more content on special educational needs and disabilities in initial training and the early careers framework is so important.

[Baroness Twycross (Lab)]

My Lords, pupils with special educational needs are more than four times more likely to develop a mental health problem than other people. This means that one in seven young people with a mental health difficulty will also have another special educational need. Given the huge and increasing backlog for mental health support in schools, will the Minister tell us whether the Government will support Labour’s plan to place a mental health professional in every school?

[Baroness Barran (Con)]

As the noble Baroness knows, the Government have an ambitious plan in terms of the creation and development of mental health support teams in schools. We estimate that, from April 2024, those support teams will cover 4.2 million children and young people, and we think that will rise to about half of all children and young people by spring next year. The challenge, which the noble Baroness will recognise, is to make sure that the demand for mental health practitioners is balanced between the health service, schools and other parts of the economy.

[Lord Watts (Lab)]

My Lords, children with special needs are expelled from popular schools and transferred to less performing schools. What will the Minister do to make sure that that situation is addressed so that schools are not allowed to dump their children on another school?

[Baroness Barran (Con)]

We have to be very careful about talking about dumping children. I have not met a school yet that behaves like that. I want to pick up on the point made by the noble Baroness, Lady Bull. Some of the best practice I have seen is where schools are establishing small units within the school campus for children with the most disruptive behaviour and only the best teachers in the school are allowed to teach in that unit, thereby sending a strong message about how they value those children.

[Baroness Hughes of Stretford (Lab)]

My Lords, according to the Government’s recent statistics, in only 49% of cases of children who have been assessed as needing an education, health and care plan are those plans produced within the 20-week statutory limit, leaving children, families and schools in limbo because they cannot access the funding required for the support the child needs. Can the Minister say what she is doing about this?

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[Baroness Barran (Con)]

I thank the noble Baroness for her important question, which is at the centre of parents’ concerns as they worry about getting the right support for their children. We are testing a number of measures through the change programme to try to improve the quality, consistency and timeliness of the education, health and care plan process. I asked colleagues the question that the noble Baroness is asking me, and it is too early to share the learnings, but as soon as we can, I will be delighted to do so.

Student Loan Interest Rates

Baroness Barran Excerpts

Wednesday 27th March 2024 Lords Chamber

[Lord Sikka]

To ask His Majesty’s Government what assessment they have made of the level of interest being charged on student loans.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, our recent reforms, implemented in August 2023, ensure that the student loan system is fairer for taxpayers and for students. New students on the new loan terms will benefit from a reduction in interest rates to the retail prices index only. This ensures that they will not repay, under those terms, more than they originally borrowed when adjusted for inflation.

[Lord Sikka (Lab)]

My Lords, unlike residents of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Norway, Scotland and Spain, people living in England pay university tuition fees—a major cause of the student debt of more than £206 billion and rising. The average debt of £45,000 currently attracts a 7.7% compound interest rate and is rising. Can the Minister explain why the interest rate on student debt is higher in real terms than the equivalent interest charged on a mortgage?

[Baroness Barran (Con)]

I think the noble Lord knows the answer to his question: it is not appropriate to compare mortgages with student debt, which is unsecured and expires and does not have to be repaid in full. The noble Lord shakes his head, but he can do the maths: a mortgage is asset-backed, and one has to repay it; a student loan is not asset-backed and expires. As the noble Lord knows, under the current system, the vast majority of students do not repay it in full.

[Lord Porter of Spalding (Con)]

My Lords, I declare that I have a number of children and grandchildren who are suffering from the ridiculous regime of charging students interest at a stupid rate, when the Government could have controlled that debt book. Does my noble friend not agree that it would be far better for the youth of our country and the future of our own Government if we put that debt book back on to a public works loan board or something equivalent? The level of intergenerational unfairness in this country is outrageous, and we are fuelling it. It is ridiculous.

[Baroness Barran (Con)]

I am afraid I cannot agree with my noble friend. The debt repayment levels are dependent on income, and, as I said to the noble Lord, Lord Sikka, we expect that under the new plan 5 loans 61% of new full-time borrowers will repay their loans in full, with the balance being subsidised by the taxpayer. A recent graduate on a starting salary of £26,000 will repay £7 a month.

[Lord Addington (LD)]

My Lords, the student loan system is renowned for bad repayment rates and, as has just been mentioned, high interest rates. Would it not be the right time to get some system that the Government back and is on the government books? That is what needs to be done to get us away from the accounting procedure. It is ridiculous. I declare an interest as somebody who has a daughter who is coming up to her finals.

[Baroness Barran (Con)]

I think the noble Lord is aware that there is a cap on the interest rate, but I remind the House that interest rates do not impact on the income of borrowers. Repayments are a percentage of income above a repayment threshold, irrespective of interest rates.

[Lord Alton of Liverpool (CB)]

My Lords, on 18 March, on behalf of Hong Kong Watch, of which I am a patron, I chaired a meeting here in your Lordships’ House about the launch of a new report concerning the effect of international fees on the children of some of the 160,000 BNO passport holders who have arrived and been given such a welcome in the United Kingdom. Will the Minister undertake to speak to the right honourable Gillian Keegan, the Secretary of State, about the letter she has now received pointing out the lack of equity in charging BNO passport holders up to £50,000 each for five years if they study medicine, or £25,000 a year if they are at a Russell group university, and look instead at the Scottish model and also at the position of EU students on pre-settled and settled rates, who are able to qualify for home student fees after three years?

[Baroness Barran (Con)]

I would be delighted to talk to my right honourable friend the Secretary of State, but, as the noble Lord knows, this is a timing issue in terms of getting settled status. I appreciate that there is a lag in that happening.

[Baroness Blower (Lab)]

My Lords, what assessment have the Government made of the link between graduate debt, which inflates the debt-to-income ratio, and the inability of the younger generation to buy homes of their own?

[Baroness Barran (Con)]

I come back to my earlier answer: we have a system in which it is very clear that above a certain threshold, 9% of income goes to repaying part or all of a graduate’s debt. The overall package, obviously, in terms of affordability of mortgages and housing, is dependent on many issues, of which graduate debt is one.

[Lord Johnson of Marylebone (Con)]

My Lords, the Government’s excellent recent reforms to the student loan book have significantly improved its affordability to the taxpayer, with less than a third now expected to be written off. Given this, and given the funding crunch facing universities—which will be worsened if the Government take a hatchet to the graduate route, by the way—does my noble friend the Minister agree with me that it is time to allow universities to increase fees in line with inflation for those that can demonstrate they are delivering great outcomes for students, as assessed by the teaching excellence framework?

[Baroness Barran (Con)]

As my noble friend touched on, the Government are trying to balance, or triangulate, a number of things. One is affordability for students, hence the freeze we have had for seven years on fees. Another is addressing poor-quality provision—at the other end of the issue from the one my noble friend raises—through the new Office for Students regime. In relation to motivation, reward and recognition for the highest-performing institutions, a review of allowing indexation of fees based on the TEF is not under consideration currently, but I will say that having a high-quality teaching framework does allow for strong recruitment and research income.

[Baroness Falkner of Margravine (CB)]

My Lords, has the Minister considered the level of graduate earnings currently and the threshold she refers to? Leading on from the question from the noble Lord, Lord Johnson, in light of those two parameters, have the Government thought of increasing the level of fees so that those who go on to very high earnings can pay a proportionate amount, making it more progressive than the flat rate that now applies?

[Baroness Barran (Con)]

Of course, those who go on to much higher earnings end up repaying much more than those on lower earnings, but no additional consideration is currently being given to the suggestion from the noble Baroness.

[Baroness Twycross (Lab)]

My Lords, the Student Money Survey last September found that 18% of students had used a food bank in the 2022-23 academic year, up from 10% in 2021-22. The annual inflation rate peaked at 9.6% in the year to October 2022, yet for the 2022-23 academic year, the value of student maintenance loans for living costs rose by only 2.3%. What are the Government doing to ensure that students can focus on their studies and not worry about how they are going to feed themselves?

[Baroness Barran (Con)]

I understand why the noble Baroness raises this point, and I am aware of the concerns around affordability. We have continued to increase the maximum loans and grants for living costs each year, with the most support going to students from the lowest-income families, and benefits for lone parents and disabled students. We have made wider cost of living investments as a Government and, in addition, have made £260 million of student premium and mental health funding available for the 2023-24 academic year.

[Lord Hampton (CB)]

My Lords, as ever, I declare my interest as a teacher. Does the Minister agree with me that this is part of a wider conversation that too many students these days are being sold the dream of a degree, when they would be much better suited to the route of education within a workplace or an apprenticeship?

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[Baroness Barran (Con)]

The noble Lord is right, and that is why we are focusing on improving both the quality and the quantity of careers advice to students at school. We are doing a lot of work through the Unit for Future Skills to predict the skills needs and gaps in the economy. At levels 4 and 5, as well as at level 6, being an undergraduate level, there are tremendous opportunities for our young people.

School Meals for Children

Baroness Barran Excerpts

Wednesday 20th March 2024 Lords Chamber

[Lord Brooke of Alverthorpe]

To ask His Majesty’s Government what assessment they have made of recent remarks by a head teacher in Southampton criticising the quality of school meals for children.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I am aware of the recent remarks from a Southampton head teacher. We cannot comment on individual catering arrangements, as arrangements with particular suppliers are made at a local level. Governors and trustees are responsible for ensuring compliance with the school food standards. We encourage local authorities and schools to work with their caterers to address any quality issues when they arise, to ensure that children receive nutritious meals in school.

[Lord Brooke of Alverthorpe (Lab)]

I am grateful to the Minister for her Answer. I am grateful too to Mr Ashley for raising this issue, and to the Times and the BBC for picking up on it last week. This is a topic of great concern to all of us. One in three children now leaving primary school is overweight or obese. This, in part, links back not only to what they are eating at home but to an area where the Government have some influence and control, which is school meals. It was 2014 when the regulations were last reviewed; it is time they were looked at again. Much has changed since then. Children are eating far too much sugar these days. We need to reduce it; we need to look after their health and stop abusing them in this way. Will the Government act on that?

[Baroness Barran (Con)]

The Government believe that the school food standards are very clear. Schools must ensure that they provide children with healthy food and drink options, that they get sufficient energy and nutrition across the school day, and they clearly restrict foods that are high in fat, salt and sugar.

[The Earl of Effingham (Con)]

My Lords, in 1825 the great politician Jean Brillat-Savarin coined the phrase “You are what you eat”. It is concerning that, according to research, ultra-processed food makes up 64% of the average UK school lunch. What is the Government’s strategy to both teach and empower children to make the right food choices?

[Baroness Barran (Con)]

Cooking and nutrition are firmly within the national curriculum: in design and technology they are compulsory between key stages 1 and 3, they aim to teach children how to cook and the principles of healthy eating and nutrition. It is also picked up in the science curriculum; indeed, through the Oak National Academy, we funded a module on cooking and nutrition that will equip children leaving school to be able to cook at least six predominantly savoury recipes that will support a healthy diet.

[Lord Storey (LD)]

My Lords, is not the problem that the tendering process for school meals is based on cost and not quality? Of course, there is another side to school meals, and that is the famous packed lunch. The experience of teachers and head teachers of packed lunches is that they are mainly filled with bags of crisps, chocolate biscuits, fruit drinks et cetera—not necessarily fruit drinks but canned drinks. Has the Minister any idea how we can ensure that packed lunches as well become a healthy nutritional meal?

[Baroness Barran (Con)]

The noble Lord touches on issues relating to how parents bring up their children, which is obviously delicate territory for the Government to pronounce too firmly on. Our messaging around the risks of obesity and on healthy lifestyles more broadly is obviously picked up by parents. Our family hubs also look at things such as nutrition. On the first part of his remarks, I should say that the department centrally offers a service called Get Help Buying for Schools that supports schools to negotiate high-quality and affordable catering arrangements.

[Baroness Browning (Con)]

I am very pleased to be a member of the committee sitting in this House at the moment looking at ultra-processed foods and obesity. From its evidence sessions that are in the public domain already, the diets of children in school meals, packed lunches and the food that they eat at home should worry everyone in this House. Given what my noble friend has replied today, can I gently suggest that her civil servants please follow the evidence being taken by the House?

[Baroness Barran (Con)]

I should clarify that I did not in any way want to diminish the importance of addressing ultra-processed foods, but the school food standards already restrict foods that are described as low-quality reformed or reconstituted foods, which include ultra-processed foods.

[Lord Hampton (CB)]

My Lords, I declare an interest as someone who has eaten more school meals than I care to mention, most of them very good, and as someone who rather unwillingly teaches food at school at the moment, where we do a lot about nutrition. However, the research from Northumbria University has found that a quarter-pint of milk a day has an enormously beneficial effect on children’s confidence and concentration and against obesity. What plans do the Government have to increase the free school milk programme?

[Baroness Barran (Con)]

We know that milk is, as the noble Lord says, excellent for children’s growth and development. As part of the school food standards, lower-fat milk or lactose-reduced milk must be made available for children who want it to drink at least once a day during school hours, and it must be provided free of charge to all pupils eligible for free school meals. Schools can offer milk as many times as they wish, but it must be free to infants and benefit-based free school meal pupils when offered as part of a school meal.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, like my noble friend Lord Brooke and the noble Baroness, Lady Browning, I am a member of the Food, Diet and Obesity Committee. There are many concerning issues, one being the influence of the food industry. Can the Minister have urgent discussions with the food industry so that it fully understands the impact of high-processed foods and the need for urgent reformulation, to reduce salt and sugar in those foods and to improve the health and well-being of all our young people?

[Baroness Barran (Con)]

I am more than happy to take that back to the department, for Ministers who are directly responsible for this area to talk to the food industry. The noble Baroness will be aware that there has been some success in reducing sugar in breakfast cereals, yoghurts, fromage frais and soft drinks. However, I share her concerns.

[Lord Hamilton of Epsom (Con)]

Can my noble friend tell us what effect exercise has on the health of school- children?

[Baroness Barran (Con)]

As my noble friend hints, exercise has a very positive impact on physical health and, crucially, on mental health.

[Baroness Twycross (Lab)]

My Lords, anyone who saw the pictures in the newspaper article to which the Question refers will be fairly appalled at the quality of the food offered to the children. The head teacher concerned asked how hard it was to bake a potato. Is the real problem that children do not learn how to cook any more and therefore do not see jobs in institutional catering as a viable career? What action is the DfE taking to ensure that the skills exist to meet government guidelines that state that school food should be nutritious, look good and taste delicious?

[Baroness Barran (Con)]

I am not sure whether I have to declare my interest as the mother of a chef. I think careers in hospitality are great, but I might be slightly biased. I have already responded on where food and healthy eating fit within the curriculum. We take this very seriously. The specific case that was alluded to in the media related to a PFI contract. Obviously, that gives greater constraints on the ability of a school to negotiate with, or potentially even change, suppliers.

[The Earl of Devon (CB)]

My Lords, does the Minister agree that the best source of food for schools is locally sourced, sustainably grown produce from identifiable farms that have an educational relationship with the school through which they teach children how and where their food is made? If so, will she encourage local procurement of school food?

[Baroness Barran (Con)]

I am more than happy to encourage that. Just to take it one stage further, I encourage schools that have the space to follow the example of some schools that I have visited that have their own allotments and grow some of their own food. Some of them keep chickens, for example, and eat their own eggs for breakfast. That is also a great approach.

Free Childcare Scheme

Baroness Barran Excerpts

Wednesday 20th March 2024 Lords Chamber

[Baroness Twycross]

To ask His Majesty’s Government what assessment they have made of the availability of additional funded childcare provision, ahead of the expansion of the free childcare scheme in April.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we are delivering the largest expansion of childcare in England’s history. Latest projections show that more than 150,000 new funded places will be secured by April. We expect that number to grow, collectively saving parents more than £500 million in costs. We continue to support the sector’s expansion, with £400 million of additional funding to uplift hourly rates next year and a guarantee that rates will increase in line with cost pressures for two years after that.

[Baroness Twycross (Lab)]

My Lords, on these Benches we agree with the ambition of the policy, but delivery of the expansion of the free childcare scheme is falling short. With the charity Coram Family and Childcare finding that parents in some parts of the country are spending over 50% of their income on childcare, and with children needing to be registered for nurseries before they are born, what more are the Government doing to ensure that parents and children get the expansion of free childcare that they have been promised?

[Baroness Barran (Con)]

It is slightly curious to say that delivery is falling short when the new entitlements start in April of this year. The noble Baroness knows that we have made a significant investment in capital to support local authorities. We have made a number of innovations in relation to the workforce and the uptake of the scheme has been very encouraging. Most importantly—I think the Institute for Fiscal Studies has confirmed this—we have announced very generous funding rates, particularly for younger children.

[Lord Storey (LD)]

My Lords, I think we are surprised at the confidence of the Minister, given that we have seen a 50% increase in the number of nurseries that have closed in just the last year, that 40% of nurseries say they are undecided as to whether they will deliver the new funded offer for two year-olds, and that 20% say that they will but that places will be limited. Why is the Minister so confident about this scheme? We hope she is right, but can she give us more reassurance as to why she thinks it will definitely happen?

[Baroness Barran (Con)]

The first thing I would say is that the noble Baroness and the noble Lord are right that this is a very ambitious expansion of childcare. However, the really significant increase in capacity will be in September 2025, so we have some time to put in place what is needed to deliver on that. The noble Lord talked about the number of nurseries that have closed. I know he is also aware that the childcare workforce has gone up year on year, over 2022-23, and is up by 40,000 places—I mean that the number of places has increased in the past five years by 40,000, while there has been a 1% annual decline in nought to five year-olds.

[Baroness Eaton (Con)]

My Lords, I understand that there have been reports suggesting that the pressure on childcare places will cause special needs children to be squeezed out of the provision. Could my noble friend clarify the situation?

[Baroness Barran (Con)]

We are aware of the concerns to which my noble friend refers. The House knows that we are doing a great deal to create a fairer special needs system. One of the key things here is the phased implementation of the expansion to the 30-hours offer, to make sure that we develop and continue to monitor the capacity for children with special educational needs.

[Lord Watts (Lab)]

My Lords, why does it take a crisis before the Government act? Is there no forward planning in her department to identify need and do something before it becomes a crisis?

[Baroness Barran (Con)]

Some people might recognise that the Government are making a very substantial investment in this area. We have already spent more than £20 billion over the past five years to support families with the cost of childcare, and this next step will be another major one.

[Baroness McIntosh of Hudnall (Lab)]

I really do not think that the House would wish to cast aspersions on the intention of this policy. Most people would think that it was good and worth supporting. However, can the Minister say whether there is an accurate match between the funds that will be available to the sector from the Government to support this expansion and the need that they have identified for the funds in order to do it successfully? I think she will agree that there has been some doubt as to whether those two numbers match.

[Baroness Barran (Con)]

I genuinely thank the noble Baroness for her question, because it gives me the opportunity to set out a couple of things. One might want to look at funding rates for different ages of children to see whether there is sufficient funding. The funding for three to four year-olds is almost identical in the new scheme to previous rates. For two year-olds, the Government will pay £8.28 an hour, compared to £6.07 previously, and for those between nine months and two years, £11.22, compared to £6.05. I leave the noble Baroness to draw her own conclusions.

[Lord Foulkes of Cumnock (Lab Co-op)]

Could the Minister help me? She spoke about entitlement. Could she tell me what the difference is between entitlement and delivery?

[Baroness Barran (Con)]

The Government have committed to deliver the number of childcare places needed for those who are eligible and seek to take advantage of the opportunity that the Government offer.

[Baroness O'Grady of Upper Holloway (Lab)]

Does the Minister agree that many families up and down Britain are tearing their hair out over the cost and difficulty of accessing quality affordable childcare? Clearly, delivery is crucial. Would she also agree that childcare is one part of the jigsaw puzzle, and that many working families in Britain are also worried about security of employment and predictability of working hours and income in order to be able to access childcare? What we really need is a new deal for working people that delivers that security, as well as childcare provision.

[Baroness Barran (Con)]

I know the noble Baroness is well aware of the very substantial increases that we have made in the national minimum wage. To put it in context, the 30 hours of free childcare is equivalent to just under £7,000 per child, which I think she will agree is a substantial contribution to the average family income.

[Lord Sahota (Lab)]

My Lords, one of the best things we had under Tony Blair was Sure Start; it was all over the country and children benefited. Why can we not introduce full Sure Start again, like we had 20-odd years ago, so that children up and down the country can benefit?

[Baroness Barran (Con)]

I am not sure time permits me to go into everything regarding Sure Start, but I draw the noble Lord’s attention to the family hubs that the Government are rolling out around the country. The learning that we took from Sure Start and put into the family hubs was a focus on disadvantage and the length of time for which families can get support. Sure Start was, understandably, focused on very young children, but those of us who are parents know that one might need support with one’s children at different point as they grow up. That is one of the philosophies behind the family hubs.

[Baroness Deech (CB)]

Has the Minister looked at comparative data which shows that childcare is so much more expensive and the requirements so much more stringent here than in other countries around the world? It is also the case that calculations have been done in the States to show that, if all childcare was absolutely free, it would eventually be covered by the tax returns from women and other parents who would be freed up to go back to work.

[Baroness Barran (Con)]

That is exactly what the Government are delivering, and exactly those calculations were behind the Government’s decision to make such an increase. In 2027-28, we will be spending in excess of £8 billion on free childcare hours and early education. To make sure that the noble Baroness is aware, from September 2025 there will be 30 hours of free childcare from when a child is nine months old until they start school.

Schools: Special Needs Pupils

Baroness Barran Excerpts

Tuesday 19th March 2024 Lords Chamber

[Lord Touhig]

To ask His Majesty’s Government how often they review the level of support given in schools to special needs pupils.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, provision is reviewed regularly through school and local area inspections. Schools must demonstrate that children with SEND achieve good outcomes in order to be judged good or outstanding. We also strengthened local area inspections in January 2023. Annually, we collect and review data on education, health and care plans, including timeliness and volumes. We have also started collecting data from local authorities on capacity in special schools, SEND units and resourced provision. We also plan to introduce new local inclusion dashboards to improve local accountability.

[Lord Touhig (Lab)]

That is most helpful indeed; I am grateful. The Children and Families Act defines a child as having special educational needs if he or she has a

“learning difficulty or disability which calls for special educational provision to be made”.

Some 69% of teachers surveyed by the Pearson school report said that our education system is ineffective in supporting these special needs pupils. They said that we need more teaching assistants, better teacher training, more resources, and most importantly, easier access to diagnostic testing. Do the Government agree?

[Baroness Barran (Con)]

The Government are acting on a number of those issues. On diagnostic testing, as the noble Lord well knows, our approach is that the child should not need a diagnosis to be eligible for support. Early identification is incredibly important, and the Government are doing a great deal to train up the early years workforce and provide more specialist educational psychologists. More broadly, the shape of special educational needs has changed a bit over the last five years, with a much greater prevalence of social, emotional and mental health needs and of children with an autism spectrum disorder, and we are working closely to address that.

[Baroness Hollins (CB)]

My Lords, 96% of education, health and care plan appeals are successful, but in less-affluent areas parents are less likely to appeal an EHCP decision, which must contribute to the current inequalities in provision. What are His Majesty’s Government doing to achieve greater equality in the support offered to all children with special educational needs?

[Baroness Barran (Con)]

The noble Baroness is right about the success of appeals, but I point out that just over 2.3% of all decisions went to appeal. Although the success rate is very high, the level of appeals is perhaps lower than the House might believe from the media. We are currently trying to test a range of measures that will mean that the quality of decisions—and, crucially, the confidence that parents can take in those decisions—is improved. That includes testing a single national education, health and care plan template and guidance, testing multiagency panels to improve the quality of and parental confidence in decision-making, and resolving disagreements quicker by strengthening mediation.

[The Lord Bishop of Worcester]

My Lords, I declare my interest as a parent who had to fight hard for an EHCP for his child. It is not only in deprived areas that it is very hard to be awarded an EHCP; it is certainly true in Worcestershire, where a large proportion of applications are turned down. As I was fighting through mediation, I was told by a health professional, “Remember, John, only pushy parents get EHCPs”, and that seemed to be the case. Does the Minister agree that this is shameful? Does she also agree with the LSE that the basic problem is that more money needs to be put into the system?

[Baroness Barran (Con)]

I tried to address some of the points that the right reverend Prelate raised in my answer to the noble Baroness, Lady Hollins. We definitely do not want a world where only pushy parents get an EHCP; we want a world where the children who need an EHCP get one. On funding, this Government have massively increased the high-needs budget; it will be worth over £10.5 billion by 2024-25, a 60% increase on 2019-20. We are also committing significant capital to expand the number of special needs places.

[Baroness Fraser of Craigmaddie (Con)]

My Lords, I declare my interest as chief executive of Cerebral Palsy Scotland. Does the Minister share my concern that, despite the significant increase in children with special needs, almost a third are people with an EHCP identifying autistic spectrum disorder as their primary need? A diagnosis in itself is not the be-all and end-all, particularly for umbrella terms such as autism or cerebral palsy. Can she reassure me that her department understands the importance of considering individual impairment levels to successfully sustain long-term improvements in participation?

[Baroness Barran (Con)]

I thank my noble friend for the work she does as chief executive of Cerebral Palsy Scotland. She raised an important point and is absolutely right. In our schools and colleges, support should be in place to address the identified need, barriers and level of impairment, as she described it, so that children and young people can not just participate but thrive in their education and preparation for adulthood. That should not be dependent on the nature of the diagnosis.

[Lord Addington (LD)]

My Lords, will the Minister comment on a meeting I had earlier today, in which representatives of different ethnic groups were saying that it is much more difficult for them to get diagnosed with dyslexia? This is because the teachers do not know how to pick out dyslexia from things such as second-language problems, and the fact that those parent groups do not know that diagnosis and assessment is for them and not just for white boys.

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord raises a very relevant point—the wider issue of how parents can be aware of how our special educational needs system works, feel confident in it and understand how to have conversations with their children’s teachers about any concerns they might have. That is why we have altered the initial teacher training and early career framework for teachers, as well as introducing a new national professional qualification for special educational needs co-ordinators. This is to make sure that schools can be really proactive with parents and give them the confidence to address their children’s concerns.

[Baroness Twycross (Lab)]

My Lords, the noble Baroness has outlined a range of measures, but the truth is that there is insufficient capacity in the system. I spoke to one parent—I do not think she would mind me referring to her as a pushy parent—who has waited for 18 months and has still not had her child assessed. Given the social and the ethnic disparities mentioned by noble Lords, is the noble Baroness 100% confident that government policy and what is on track at the moment will actually meet the growing demand?

[Baroness Barran (Con)]

The Government have made a huge amount of progress, and a very significant financial commitment working closely with those on the ground. As I said, we have announced £2.6 billion between 2022 and 2025 to fund new special educational needs and alternative provision places. Together with the new free schools we have already announced, it will add 60,000 new specialist places to the system. I know the noble Baroness will appreciate that this is a very significant increase.

[Baroness Meacher (CB)]

I have a grandson with ADHD who has had little or no support from his school throughout his education. He was sitting his A-level mocks recently. He has time blindness, among many other problems, and spent the whole exam doing one question. Can the Minister take any action to make sure that children with ADHD actually receive the support they need? ADHD makes a complete havoc of a child’s education, however bright they seem to be.

[Baroness Barran (Con)]

I am sorry to hear about the struggles of the noble Baroness’s grandson. Of course we want our schools to be well equipped to respond to a range of special educational needs and disabilities, but we also know that often those will have knock-on effects in other aspects of a child’s life. It is not just the response within the school that is crucial, but also the partnership with local health services in particular.

Independent Schools

Baroness Barran Excerpts

Monday 18th March 2024 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare my interest as chairman of governors at Brentwood School.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, independent schools are a small but incredibly important part of our school system. The independent sector is extremely diverse: it includes large, prestigious schools which are household names, but also many settings that serve dedicated faith communities and special schools that provide much-needed support to some of our most vulnerable pupils. The sector also brings valuable international investment to the UK, with over 25,000 pupils whose parents live abroad and who attend UK schools.

[Lord Black of Brentwood (Con)]

My Lords, I thank my noble friend for that Answer. I agree with her that independent schools play a vital role, both in our education and in our economy. More than 600,000 children attend them, saving hard-pressed UK taxpayers more than £4 billion each year, because those pupils are not in the state sector. They are modern, diverse and inclusive, with a quarter of them, including many faith schools, being small schools educating fewer than 155 pupils, often with special educational needs.

Is my noble friend aware that 75% of independent schools, including schools such as Brentwood, are engaged in fantastic partnerships with the state sector and with their local communities, covering everything from well-being and sports to teacher training, and that more than 8,700 projects were delivered in the last academic year? Would she agree that imposing new tax burdens on independent schools would simply undermine such partnerships, to the detriment of thousands of children, and threaten hundreds of small schools delivering specialist provision to vulnerable pupils?

[Baroness Barran (Con)]

I absolutely agree with my noble friend, and I thank Brentwood School and other schools involved in the types of partnerships that he described. We have such an asset in our independent schools, and this Government are focusing on encouraging more partnership work and understanding how all our pupils can benefit from that.

[The Earl of Clancarty (CB)]

My Lords, following on from the previous question, does the Minister agree that, in the perceived ideological tussle between state and private, it is sometimes education itself that is forgotten? The currently less restricted independent sector can be an incubator for forward-looking educational ideas; for instance, those of Rethinking Assessment, which submitted valuable evidence to the Education for 11-16 Year Olds Committee that school education as a whole can profit from such thinking.

[Baroness Barran (Con)]

I agree with the noble Earl. Independent schools have shown themselves to be areas of great innovation, but we also see important innovation in our state sector. Particularly where the two come together, we see some of the best results.

[Baroness Wilcox of Newport (Lab)]

Over nine in 10 students study at state-funded schools. Teacher recruitment is in crisis, there is poor mental health support for pupils and school buildings are collapsing. If the Government will not support Labour’s pledge to end tax breaks for private schools, can the Minister tell the House how they intend to fund solving the multitude of problems facing the state school sector?

[Baroness Barran (Con)]

I remind the noble Baroness that teacher numbers are at an all-time high. I do not deny that there are recruitment challenges, but it is important to be fair about the context. I also remind her that pupil funding next year will be at an all-time high in per-pupil terms. I refer her to the recent results of our pupils in the international leagues tables for both reading and maths, and the dramatic improvement in their performance over the last 14 years.

[The Lord Bishop of Worcester]

My Lords, I draw attention to my interest as president of the Woodard Corporation, one of the largest Christian education charities in the country. The noble Lord, Lord Black, drew attention to the partnership between Brentwood School and other schools in the area. That is built into the very DNA of the Woodard Corporation, with 12 private schools, six academies, 12 affiliated maintained schools and overseas schools, as schools work well together. Does the Minister agree that this mixed model, which values co-operation between different providers, is a very good one that benefits all children? Does she agree that it would be good to encourage such a model?

[Baroness Barran (Con)]

I absolutely agree with the right reverend Prelate. I know of a number of independent schools and their local state schools that are considering just the sort of arrangement that he described.

[Baroness Garden of Frognal (LD)]

My Lords, many independent schools host the Combined Cadet Force, and 70 independent schools share cadet forces with local state schools. I declare an interest as a former chair of the cadet health check team. The cadets is an excellent way of teaching self-confidence, leadership, resilience and life skills. If the proposed VAT policy sees schools close and lose resources, we may lose those vital collaborations. What can be done to ensure that independent schools can continue to support these excellent cadet programmes?

[Baroness Barran (Con)]

As my noble friend behind me said, vote for a Conservative Government—but the noble Baroness might not entirely agree with that, and she is obviously entitled to her views. I absolutely agree with her on the importance of schemes such as the cadets. I was in a school on Friday, where I met a number of cadets, and was very struck by the value of a programme such as that.

[Baroness Eaton (Con)]

My Lords, does my noble friend the Minister agree that, should Labour enter government and introduce the 20% VAT on private school fees which was mentioned earlier, it would have a massive knock-on impact on local government, specifically for local authorities that have children in care who are supported by local independent schools?

[Baroness Barran (Con)]

I think my noble friend is referring to children with special educational needs and disabilities. My understanding of the Opposition’s proposed policy is that children with an education, health and care plan would be exempt from the fees. However, my noble friend is right: there are almost 100,000 children in independent schools with special educational needs and without an education, health and care plan. This will push those parents into seeking an EHCP, with all the knock-on effects on local authority finances that we can see around the country.

[Lord Aberdare (CB)]

My Lords, what are the Government doing to try to close what seems to be an alarmingly growing gap between independent and state schools in the teaching of arts and creative subjects?

[Baroness Barran (Con)]

There are a number of ways in which the Government are thinking about this. A number of your Lordships, including my noble friend Lord Black, have pointed to the partnerships, and I know that many independent schools work closely with their state school neighbours to ensure that facilities can be shared and giant performances are put on. Our focus on a knowledge-rich curriculum, with breadth, and on our cultural education plan will contribute to this.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, one thing is quite striking in listening to the answers in this Question. The thing that most independent schools have in common has barely been mentioned, with the possible exemption of one of the Minister’s noble friends who touched on it: almost all of them charge fees. The charging of fees is necessarily discriminatory. While I entirely applaud the efforts that independent schools are making to make available to some maintained schools some of what they have available, would the Minister agree that, none the less, the vast majority of maintained schools do not have access, particularly in arts and music but in other subjects as well, to the range, diversity and richness that are available to people who are able to pay?

[Baroness Barran (Con)]

Of course independent schools charge fees, which parents pay for out of income that has already been taxed. The question here is why pick on independent schools to charge VAT, rather than other forms of education such as tutoring, for example.

[Lord Hamilton of Epsom (Con)]

My Lords, the noble Baroness made the point that the surpluses that were going to be created by raising VAT on private schools would be spent in the state sector. Does my noble friend agree that if too many independent schools close and pupils are transferred to the state sector, there will not be any surplus whatever?

[Baroness Barran (Con)]

That is a real risk. Your Lordships may have seen recent research published by the Adam Smith Institute that pointed this out.

[Noble Lords]

Oh!

[Baroness Barran (Con)]

Noble Lords opposite can heckle from the Front Bench, but there is a serious question about how many parents will decide that they can no longer afford the fees. Given how a school’s cost structure works, it takes only a few parents, particularly in a smaller school, for that school to have to close for all pupils.

Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023

Baroness Barran Excerpts

Monday 18th March 2024 Lords Chamber

Moved by

[Baroness Barran]

That the draft Order laid before the House on 6 December 2023 be approved. Considered in Grand Committee on 12 March.

Motion agreed.

Earnings: Mothers and Fathers

Baroness Barran Excerpts

Wednesday 13th March 2024 Lords Chamber

[Lord Sikka]

To ask His Majesty’s Government what assessment they have made of the research by campaign group Pregnant Then Screwed showing that mothers in the United Kingdom earned £4.44 less an hour than fathers in 2023.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, data on the gender pay gap is collected by the Office for National Statistics and published annually, with the latest results published in November 2023. These showed that the pay gap between men and women in full-time work aged 30 to 39, which is the average age of parents when they first have children, was 4.7% in 2023, down from 11% in 1997. The publication does not include information on pay gaps between mothers and fathers, and this information is not included in any routine publication of the ONS. The results of the analysis and the data and methods that were used by the group Pregnant Then Screwed have not been published; the Government are therefore unable to assess their basis.

[Lord Sikka (Lab)]

My Lords, my Question is about the motherhood penalty, which is also a major cause of child poverty. The 2016 survey by the Equality and Human Rights Commission reported that 77% of working mothers experienced discrimination during pregnancy and maternity leave and on return from maternity leave. The Minister said that the Government do not have any information. Why not? Why do the Government not collect any data about pregnancy and maternity discrimination suffered by women? In the absence of that information, how can they eradicate that discrimination?

[Baroness Barran (Con)]

I think the noble Lord might want to look again at what I said. I absolutely did not say that the Government do not gather any information on discrimination. Our domestic law on maternity discrimination is absolutely clear: discriminating against women in the workplace because they are pregnant or new mothers is unlawful.

[The Earl of Effingham (Con)]

To paraphrase Christine Lagarde from the European Central Bank, if Lehman Brothers had been “Lehman Sisters”, we may have avoided a global financial crisis. We need more female representation on boards of companies and we need more female CEOs. Can the Minister say what focus the Government are placing on a voluntary, business-led approach to setting targets that will see more women in leadership roles?

[Baroness Barran (Con)]

I thank my noble friend for his question. We can all imagine how successful “Lehman Sisters” would still be. The Government have long supported an independent, business-led, voluntary approach to increasing the participation of women in senior roles, both in relation to start-ups, with the Rose review, and, most recently, with the FTSE Women Leaders Review, which has set new voluntary targets for the FTSE 350 for both board and leadership representation.

[Baroness Lister of Burtersett (Lab)]

My Lords, there is general agreement that key to reducing the pay gap between mothers and fathers is more fathers taking parental leave. The Government’s shared parental leave scheme has been an abysmal failure. What are the Government going to do about it?

[Baroness Barran (Con)]

I do not accept that it has been an abysmal failure. I appreciate that the numbers are still modest, but they are definitely going in the right direction, with 13,000 couples taking shared parental leave in 2021-22, up from 6,200 in 2015-16. Clearly, this is part of a broader cultural shift. The noble Baroness may wish the Government to enforce everything, but this Government do not wish to.

[Baroness Janke (LD)]

My Lords, 90% of single parents are women, and 49% of these families are in poverty. Universal credit discriminates against single parents by requiring those with children over three to work a 30-hour week, regardless of their circumstances. What steps will the Government take to end discrimination suffered by single-parent families under universal credit so that their children are not forced into acute poverty and deprivation through unfairness and discrimination?

--- Later in debate ---

[Baroness Barran (Con)]

The Government have made tremendous strides, particularly in relation to the national living wage and the increases that we have seen in that in real terms since the Government came to power in 2010.

[Baroness Thornton (Lab)]

My Lords, the Minister and I both know what the law says about pregnancy and maternity, but the facts are that 54,000 women a year lose their job because they are pregnant and another 390,000 working mums are discriminated against or experience negative treatment, and these numbers have doubled in the last decade. On these Benches, we have a plan to deal with unfair dismissal, denial of flexible working requests and a failing parental leave system; “modest” is a very kind way of describing the Government’s parental leave system. Do the Government have a plan, and in what timeframe?

[Baroness Barran (Con)]

I have touched already on issues of maternity and pregnancy discrimination. The Government have already extended legal protections on redundancy and the DBT’s Pregnancy and Maternity Discrimination Advisory Board is ensuring that all our guidance is clear and fit for purpose.

[Lord Woodley (Lab)]

My Lords, to pick up the previous question, the Equality Act 2010 prohibits discrimination on the grounds of maternity. The Body Shop sacked 750 workers without any notice or redundancy package, and the company admits it broke the law. The sacked workers include 15 women on maternity leave, who will now receive only government maternity pay and not full redundancy packages, which they should really be entitled to. What assessment, therefore, have the Government made that will make sure that this flouting of employment law does not continue?

[Baroness Barran (Con)]

Clearly, such cases are extremely regrettable. I can only repeat what I have already said: the law is absolutely clear on this, as are the routes to redress.

[Baroness Chakrabarti (Lab)]

My Lords, surely the law is flawed, because it leaves it to individual women to enforce the law themselves. We do not do this for school standards, food standards, environmental standards, and so on. It is asking too much, surely, to expect an individual woman to find out what her colleagues are being paid and then sue her employer. Surely there is a role for the state in investigating and enforcing equality law.

[Baroness Barran (Con)]

This is the third time in fairly short order that the noble Baroness and I have touched on this important subject. As she knows— I know she believes this is not sufficient, but to be clear—the law already protects people who want to have these crucial conversations about pay with their colleagues. We are seeing that people are increasingly open in discussing their salaries, and the Government welcome this shift. There were, of course, a number of cases: over 2,500 equal pay claims were entered into the employment tribunal system between July and September last year, and each one of those is an important reminder to employers of their legal obligations.

[The Lord Bishop of Leicester]

My Lords, the same report from Pregnant Then Screwed also found that a significant proportion of new fathers and secondary parents simply cannot afford to take their full paternity leave because of the low level of statutory paternity pay. Most other European countries have far more generous paternity leave entitlements than the UK’s, in both length and pay, which bring benefits for family bonds and support gender equality. Will the Government commit to increasing the statutory leave entitlement so that families in the UK can also reap these benefits?

[Baroness Barran (Con)]

I say two things to the right reverend Prelate. First, statutory leave and pay is only part of the state support available to new families in the first year of their child’s life. The Government also have provisions in place such as tax credits, child benefit and universal credit. We continue to believe that arrangements for paternity leave and pay are best left to employers. I appreciate that this is somewhat old research, from 2016, but it found that fathers who work full-time experience a wage bonus, earning 22% more than similar men without children who are working full-time.

[Baroness Altmann (Con)]

My Lords, it is commendable that the Government have done something to improve pension outcomes for women, who are particularly disadvantaged given that they automatically have lower lifetime earnings, due to caring roles, but is there anything further that the Government might be able to do? Perhaps there could be some kind of review of the overall lifetime earnings patterns of women who have to care both for children and older relatives in other stages of their life so that the disadvantage might be remedied in some way, either by contributions from a partner, which are currently not encouraged, or by some other mechanism.

[Baroness Barran (Con)]

I very much welcome my noble friend’s suggestion in this regard, and I share her belief that greater transparency and more data to help understand the issues are really helpful. I will take her suggestions back to the department.

Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023

Baroness Barran Excerpts

Tuesday 12th March 2024 Grand Committee

Moved by

[Baroness Barran]

That the Grand Committee do consider the Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, this statutory instrument updates the list of countries and territories from which citizens are eligible to use the fast-track recognition process to obtain a gender recognition certificate. We laid the statutory instrument before the House on 6 December 2023. Subject to parliamentary approval, this will be the first time that the approved overseas countries and territories list has been updated since July 2011.

The Statement given by my right honourable friend the Minister for Women and Equalities on 6 December in the House of Commons generated a wide debate. The Commons Committee debate touched on the importance of communicating these changes clearly. It is important that everyone understands why we are updating this international gender recognition process, and that includes our colleagues internationally. Importantly, this debate is focused on the details of the SI and our need to make this update.

We are making these changes because the Government believe that it should not be possible for a person who would not satisfy the criteria to obtain legal gender recognition through the standard route under UK legislation to use the overseas recognition route to obtain a UK GRC. This would damage the integrity and credibility of the process of the GRA. There have been many changes in the international approach to gender recognition since the list was last updated in 2011. We have provided details of overseas countries and territories to be removed and added to the list laid on 6 December, which is available to view on legislation.gov.uk.

We have undertaken thorough checks, in collaboration with the Foreign, Commonwealth and Development Office, to verify our understanding of each overseas system in question and have measured them against the UK’s standard route to obtain gender recognition. My right honourable friend the Minister for Women and Equalities and the Minister for Equalities have both engaged extensively with posts, including those in the USA, Canada and Australia. I am confident that the international community understands the extent of the changes and their impacts on their citizens.

The overseas route to obtaining a gender recognition certificate sees low volumes of applicants. Of the 370 total applications in the last quarter, only 4% used the overseas route. Of the 7,043 applications received since 2009-10, 94% were standard applications and 5% were overseas applications. The impact on transgender people in this country and abroad will be minimal and this update brings the overseas route back in line with the standard route, allowing for more equality in application requirements.

Finally, it is extremely important to ensure parity with those who have taken the UK standard route to obtaining a gender recognition certificate. It would not be fair for the overseas route to be based on less rigorous requirements and consequently for the certificate to be acquired more easily. I beg to move.

[Lord Henley (Con)]

Before the Front-Benchers intervene, I wondered if I could ask my noble friend a question.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, I thank all noble Lords for participating in this short debate. I accept that the views expressed by the noble Baroness, Lady Barker, come from her own perspective, but her description of this Government’s records on human rights is not something that I recognise personally. I hope that, in my opening remarks, I was able to provide the Grand Committee with some clarity on the purpose and effects of this legislation.

I will try to take some of the questions from the noble Baroness, Lady Thornton, in turn. She asked about our international engagement and how other countries would be aware of these changes. Diplomatic posts have been notified of the changes. We provided them with comprehensive question and answer documents that address potential misconceptions about what this statutory instrument does. We have worked very closely at ministerial and official levels with the Foreign, Commonwealth and Development Office throughout the process, and we are monitoring the international reaction to the legislation.

The noble Baroness remarked on the delay in this work. I can only agree with her that it is overdue. We have delivered on other commitments, such as the reduction in the fee. There is no firm date for the next update of the list; we have said that we will review it frequently.

The noble Baroness also asked about how we are applying the criteria. As outlined in the Explanatory Notes to Section 2(4) of the Gender Recognition Act 2004, we have determined the phrasing “at least as rigorous” to mean, in this instance, that the criteria must match the UK legal gender recognition process. This has been applied consistently across every country and territory. Where there have been equivalences that are compliant with the UK system, we have acknowledged those, too. The full list of criteria used for this update can be found in the Explanatory Memorandum to the draft order on the legislation section of GOV.UK.

My noble friend Lord Henley asked specifically about Iran. The detail that we have on the Iranian legislation is that it goes beyond our criteria. He asked whether we had reviewed that; my assumption is yes, but if there is anything different from that, I will write to him to clarify.

The noble Baroness, Lady Thornton, asked about the impact on outstanding applications that are in process. This is not retrospective so, if people have started the process and were eligible formerly, they would still be granted a certificate.

The noble Baroness asked about the feedback from Northern Ireland and Scotland. Obviously, we had to consult with them ahead of laying the instrument. There was no comment from the Northern Ireland Administration, and the Scottish Administration had some criticisms of the Government’s approach, which is perhaps unsurprising given their approach to this issue.

I think I have answered most of the noble Baronesses’ questions, but we will check in Hansard and—

[Baroness Thornton (Lab)]

What about Germany?

[Baroness Barran (Con)]

The legislation in Germany has not yet been passed. The noble Baroness alluded to this—forgive me; it was on my list.

As a team within the equalities hub, we remain very open to discussing these topics and some of the wider policies that both noble Baronesses raised.

Motion agreed.

Higher Education

Baroness Barran Excerpts

Thursday 7th March 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I join noble Lords in congratulating the noble Lord, Lord Blunkett, on securing this very important debate and thank him for the way he introduced it. I underline how both personally and on behalf of the Government I absolutely share his aspiration that there should be equal opportunity for every young person to access the benefits of higher education. I am not sure whether I am meant to declare this, but I am the slightly bemused recipient of an honorary degree from the University of Bath.

I thank all noble Lords for their contributions to this important debate. Our world-leading higher education sector plays a pivotal role in driving economic prosperity, creating employment opportunities and supporting the local communities that are the foundation of our levelling-up agenda. To reassure my noble friend Lord Willetts, I say that the Government accept that there are definitely different models of higher education. Indeed, we are investing in a number to encourage this diversity. We had a great example from the noble Baroness, Lady Chapman, regarding Teesside University and some others. I also absolutely agree with my noble friend Lord Norton of Louth that there is a wider social good that universities bring to their students and more widely to their communities.

As we have heard from noble Lords this afternoon, England’s higher education system already stands at the forefront globally, and it is imperative that we sustain this position. We should be proud that more than 40% of UK adults have achieved level 6 qualifications equivalent to a bachelor’s degree or above, surpassing other G7 nations and exceeding the OECD and EU averages, although I hear my noble friend Lord Johnson’s aspirations to go further. We continue to invest in our higher education system. Our latest reforms are introducing stringent controls to ensure that higher education courses deliver positive outcomes for all students and for taxpayers.

The noble Lord, Lord Blunkett, and the noble Viscount, Lord Chandos, talked about the importance of the quality of courses and I think a number of noble Lords, including the noble Baroness, Lady Chapman of Darlington, criticised the Government for some of the language used about the range in their quality. I would say from talking to universities that they share our view that it is incredibly important that we maintain quality in our higher education sector. That is hard to do—I absolutely recognise the pushback from noble Lords—but if we were to have evidence of poor-quality courses, that would risk besmirching the reputation of all our universities, as well as impacting on international students and the soft power to which noble Lords alluded.

Reference was made to the report in the Times. I suppose that the nuanced version of the balance of our great institutions and where we are focusing to ensure that quality is maintained does not make such good headlines.

We also recognise the central importance of technical and further education in delivering the key skills needed for economic growth. The Government’s reform agenda, outlined in the Skills for Jobs White Paper and subsequent legislation, aims to strengthen this sector by putting employers at the heart of post-16 skills through an integrated offer that includes T-levels, higher technical qualifications, apprenticeships—including, of course, degree apprenticeships—and improved support and guidance. The noble Lord, Lord Londesborough, referred to a number of those points in his remarks about the importance of links with employers. We have really tried to weave that through all our skills reforms.

I hope that the noble Lord, Lord Freyberg, is reassured a little by a number of the T-levels, which directly address some of the points that he raised. We will introduce T-levels in craft and design, and media broadcast and production, from September this year. There is, of course, a digital production design and development T-level as well.

My noble friend Lord Patten made the case strongly for degree apprenticeships. My right honourable friend the Secretary of State would certainly agree with him vehemently, given her experience as a degree apprentice. I will come in a moment to respond to my noble friend Lord Willetts’s points about the funding of degree apprenticeships going forward.

Our comprehensive reforms are supported by a substantial investment of £3.8 billion over the course of this Parliament. Specifically, £185 million in 2023-24 and £285 million in 2024-25 will address recruitment and retention challenges faced by colleges offering high-value technical, vocational and academic programmes—something which the noble Viscount, Lord Hanworth, was concerned about. This investment ensures that higher and further education training aligns with employer needs and empowers individuals to enter the workforce, progress and develop new skills continually through their lives. This skills development is imperative, because we know that one-third of labour productivity growth can be directly attributed to skill level improvements. Enhancing our workforce’s competence will help drive economic growth right across the country.

The noble Baroness, Lady Blackstone, asked about progress with the university enterprise zones. She will know that in October 2023, the Government invested £60 million in the regional innovation fund, which is obviously about aspiring to similar outcomes in driving regional business engagement and growth through knowledge exchange. But we have a number of pilot university enterprise zones: 24 of them were set up between 2015 and 2019 and are currently being evaluated for their impact.

Turning to research and development, higher education providers contribute significantly to the UK’s current R&D efforts by delivering a massive proportion of the UK’s current research and development expenditure. Our universities deliver 77.5% of the UK’s non-business R&D and innovation activities, which is significantly more than in other comparable countries. For example, in France the figure is 59.8%, in Germany it is 55.2%, and in the United States it is 46.5%.

The noble Lord, Lord Wallace of Saltaire, made the very wise point that R&D should not be seen only in terms of its immediate pay-off. One of the things that university R&D does is stimulate private investment. This is incredibly important for growth. Public spending on R&D is at its highest-ever level, and we are fulfilling our commitment to spend £20 billion per annum by 2024-25, in the knowledge that every £1 of public expenditure leverages double the amount of private investment in the long run.

This record wider investment is a key part of how the Government are delivering the long-term change to ensure that our country has the brightest possible future, growing the economy and improving opportunity for all. This most recent investment builds on the £137 billion we have invested in R&D across all parts of the UK in the last decade.

As noble Lords have illustrated, we are home to a world-class research community. We have thriving technology and life sciences sectors, excellent green skills and a fantastic creative sector. Those sectors help us lead Europe in terms of investment, particularly in relation to science and technology. We are focused on ensuring that we have the right skills for the future, the right conditions for start-ups and scale-ups, and the right regulatory environment that supports innovation and long-term business confidence.

We know that we have ground to make up compared with France, Germany and the US on productivity. Although the global financial crisis triggered an international productivity slowdown, the UK suffered a greater slowdown than some of those nations. Our investment in research and development, our reforms to higher technical education and our drive to increase participation in degree apprenticeships will all drive the change needed to fill this missing middle in our skills landscape and improve our productivity. My noble friend Lord Johnson of Marylebone referred to this.

Employers are demanding level 4 and level 5 skills to fill vacancies, yet only 4% of people have a level 4 or level 5 qualification as their highest qualification by the age of 25. Higher technical qualifications, approved to provide the skills employers need, will help to improve the prestige, profile and uptake of these valuable skills.

On funding growth in degree apprenticeships, which my noble friend Lord Willetts asked about, we are providing an additional £40 million in the next two financial years to support providers to expand their offer and improve access for young people and disadvantaged groups to these valuable programmes. Overall, investment in the apprenticeship system in England will increase to £2.7 billion by 2024-25. As I know my noble friend knows, 65% of all apprenticeship starts so far this year have been at level 2 and level 3, with level 3 remaining the most popular level, accounting for 43% of all apprenticeship starts.

The noble Baroness, Lady Garden, asked about evidence of encouraging adults back into education. Of course, it is too early to see the impact of the lifelong learning entitlement, but we can see tens of thousands of people taking our skills bootcamps, particularly in future-facing skills such as digital and data.

Levelling up was the focus of the noble Baroness, Lady Wilcox of Newport, and the noble Lord, Lord Watson of Invergowrie. Despite the noble Lord’s remarks, levelling up remains at the heart of the agenda to build back better after the pandemic and to deliver better productivity for every part of the UK. As noble Lords know very well, ability is evenly spread in education but opportunity is not. The department’s focus on levelling up differences in the quantity and quality of human capital between different parts of the country is essential; we know that this is the single most important factor in driving differences in productivity over time.

The noble Lord, Storey, spoke eloquently about the importance of skills, and he is right. To help improve people’s lives and boost the economy, the Government’s skills mission sets out an ambition for 200,000 more people to complete high-quality training in England each year by 2030. This includes 80,000 more people completing courses in areas of England with the lowest skills level. We want to make sure we are raising skills levels in the places they are needed most, so that more people have the skills that they need to get good jobs.

As the noble Lord, Lord Shipley, articulated, the higher education sector is one of the major partners in delivering the research and development levelling-up mission through hubs of research and innovation. The Department for Science, Innovation and Technology is leading delivery of the research and development levelling-up mission—a cross-government commitment to increase domestic public investment in R&D outside the greater south-east by at least 40% by 2030 and, over the spending review period, by at least one-third.

We are supporting this through ambitious programmes such as the innovation accelerators, investing £100 million to support Glasgow, Greater Manchester and the West Midlands to become major centres for research and innovation, bringing together higher education with local government and business leaders. The programme is pioneering a new model of research and development decision-making that empowers local leaders to harness innovation in support of regional economic growth. Strengthening innovation clusters is a top priority for driving growth across the UK. As many noble Lords said, universities, as anchor institutions, play a crucial role in this, creating a pipeline of skilled graduates, attracting talent and investment, spinning out innovative firms, and catalysing collaboration across the local ecosystem.

The noble Baroness, Lady Wilcox, was critical of the Government’s record on spin-outs and university commercialisation. This surprises me, because, looking at the data, we see that the number and value of equity investments secured by academic spin-outs has increased from just over £1 billion in 2014-15 to comfortably over £5 billion in 2021-22. If you consider the research resource, UK universities generate more income from intellectual property, and only slightly fewer spin-outs, than US universities.

A number of noble Lords, including the noble Lords, Lord Bilimoria and Lord Parekh, my noble friend Lord Vaizey and the noble Baroness, Lady Prashar, talked about international students. My noble friend Lord Norton of Louth asked me to confirm our commitment to our extraordinarily successful international education strategy—that remains firm.

The noble Lord, Lord Blunkett, was generous enough to say that I had already said this, but I shall say it one more time: international undergraduate student numbers have grown in recent years, but not at the expense of domestic undergraduate numbers. Most international entrants to the UK higher education system are at postgraduate level.

The noble Baroness, Lady Prashar, asked about taking international students out of the migration statistics. Net migration is a demographic measure, and it can always be derived even if we were to take students out, but that is ultimately a decision for the Office for National Statistics.

In closing, I want to mention the speech of the noble Baroness, Lady Wolf, who put in a far more sophisticated way than I am about to do some of the wider reflections on the role of higher education as we look forward in a rapidly changing world. Historically—when I was lucky enough to be at university—models of higher education facilitated, in effect, a smaller number of more privileged students to achieve university places and go on to very well-paid and high-status careers. The inequalities of those models have rightly been challenged, including by the reforms of the Blair Government, with that focus on widening participation.

Of course, higher education is a vital part of social mobility. However, as we continue to support, we must also challenge the higher education sector as participation widens to make sure that we do not lose that focus on quality, on employability and on good outcomes for all its learners. The noble Baroness, Lady Wolf, raised wider questions, but while higher education plays a critical role in growth and productivity both nationally and regionally, it needs to be part, and is part, of a wider growth strategy that addresses the worsening trends in inactivity in the working-age population, the levels of investment across the economy, and the education and careers that our children and young people deserve. That is where this Government are focusing.