Children’s Wellbeing and Schools Bill

Lord Nash Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Lord Reid of Cardowan (Lab)]

My Lords, for precisely the reasons outlined by the noble Lord, Lord Elliott, I have great suspicions about this amendment. It underestimates the operational difficulties of what is proposed, not least because the catchment age of this Chamber does not really allow us fully to experience or understand them. Therefore, I agree with the Government’s contention not to go straight to a statutory measure. However, it would help us if the Government made it plain, in the light of the experience in Australia—which we will be able to estimate in the next few months—Spain and so on, and of the experience of non-statutory guidance, whether they are open to considering statutory legislation somewhere down the line. It would be helpful if we understood that we have an open mind on this.

[Lord Nash (Con)]

I rise to support this amendment. The Government have, as I understand it, proposed non-statutory guidance that all schools should prohibit smartphone use by pupils in schools. This is indeed a move from their previous position, that most schools are already doing this and thus a firm rule is unnecessary. However, those of us who actually work in schools know that some schools do have a strict, clear smartphone policy which is actually effective. For instance, in my patch, students either cannot bring them with them, or they are taken off them when they arrive and locked away, or they have to go into a locked pouch. We are experimenting with all three to see which is the most effective, but I can say that they have all been highly effective in improving the behaviour and focus of students.

On the point about enforcement, if a smartphone is seen, it is confiscated for a long time. This is a firm and clear policy, and it is working. However, many schools, possibly most, have much a looser policy, rather along the lines of the Government’s now proposed non-statutory guidance: a weak and ineffective policy allowing children to use them in the loos and in the corridors, out of sight. I do wish sometimes that the Government would just admit they got it wrong.

When I was taking legislation through your Lordships’ House—five Acts as a Schools Minister—I took many amendments from Opposition Benches because they were sensible and I agreed with them. Clearly, the Government have moved on this; they accept they were wrong, but they will not admit it. They should go the whole way, and rather than producing some wishy-washy non-statutory “should” guidance, they should accept a clear rule or duty, as in Amendment 215. Teachers want it: they want a clear, firm rule consistently applied across all schools, as do parents, particularly those with children in different schools, who can find different policies very confusing.

I support this amendment because it is clear, strong and effective.

[Lord Sentamu (CB)]

My Lords, will you allow me to introduce another voice—a voice that is not of this House? On 18 January 2016, Ian Russell, the father of Molly Russell, who took her own life aged 14, said on BBC television that a total ban of smartphones would be wrong. Why? Because he saw that the greatest danger is not mobile phones or smartphones, but social media. You can ban phones from school, but then the children go home and log on to social media.

Social media causes far greater damage because of the algorithms used. Ian Russell was clearly of the view that what is needed is careful thought and for those who know the dangers of both, and the complications involved, to make recommendations to the Government on how to tackle the use of smartphones in schools and the use of social media because of the damage it is causing all our children. I do not think banning mobile phones on its own will deal with the real danger of social media algorithms.