Children and Social Work Bill [HL]

Viscount Younger of Leckie Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 8th November 2016 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I am extremely grateful to the noble Lords, Lord Wills and Lord Low, and the noble Baroness, Lady Wheeler, for these amendments. I well remember debating this matter during the passage of the Small Business, Enterprise and Employment Bill. I wish the noble Lord, Lord Wills, a speedy recovery and I am sorry that he is not with us today. He has worked assiduously to make positive changes which put more emphasis on employers to follow best practice and provide greater protection for employees.

I agree with the noble Lord, Lord Wills, and the noble Baroness, Lady Wheeler, that those working with the most vulnerable children in society need to be able to report concerns about what is happening in their organisation. Importantly, when they make a protected disclosure they should have no fear of being effectively blacklisted and unable to find a new role. Employment legislation is designed to protect workers from being unfairly dismissed by their employer, or from suffering other detriment such as missing out on promotion, if they report concerns that are in the public interest. That is why we have statutory employment protections for workers who report information which they reasonably believe reveals illegal activity or malpractice in an organisation. This may include someone at work neglecting their duties—for example, in a case where health and safety is put at risk.

I am aware that since we discussed these amendments in Committee, the noble Lord, Lord Wills, has had a productive discussion with the Minister for Small Business, Consumers and Corporate Responsibility. The noble Lord’s Amendments 52, 53, 72 and 73, which he brought forward in Committee, make similar proposals for two groups of whistleblowers. Firstly, the noble Lord mentions those employed by, or seeking employment with, public bodies providing social services or children’s services. Secondly, the noble Lord identifies those employed by, or seeking employment with, public bodies employing registered social workers. For each group, he proposes a statutory code of practice and the extension of whistleblower protections to job applicants.

We do think that it may be premature to consider a statutory code. In March last year, the coalition Government published guidance and a code of practice for employers which set out their responsibilities in regard to whistleblowing. I strongly believe that we should allow sufficient time to allow that code to have effect. This is because it has only been in place since last year and it will inevitably take time for employers and prescribed bodies to act on and investigate the disclosures made to them. It is, therefore, premature to make changes without properly assessing the evidence available. I am pleased, though, that the Minister for Small Business, Consumers and Corporate Responsibility discussed with the noble Lord that the Government intend to review the code in 2017 and will work with him to take this forward.

On the proposed protection for job applicants, I am grateful to the noble Lord, and to the noble Baroness, Lady Wheeler, for bringing forward these amendments. We strongly support the principle behind them, particularly as it applies to those who, in blowing the whistle, have sought to act with integrity in relation to the protection of vulnerable children. There are, however, technical issues around the scope of some of the proposed measures, and their coverage of specific groups of workers or job applicants. Firstly, a Bill focusing on children’s well-being does not seem to be an appropriate vehicle in which to capture the breadth of a local authority’s recruitment arrangements. Secondly, there are practical difficulties in framing legislation like this by reference to qualifications or registrations that an applicant—in this case a social worker—may hold. To do that would mean that in some instances applicants for the same job might be afforded different protections. Additionally, it might be conceivable that an employer themselves would not be aware of all the applicant’s professional qualifications or registrations if the applicant had not disclosed them because they were not relevant to the job being advertised.

Education: A-levels in Creative Subjects

Viscount Younger of Leckie Excerpts

Thursday 3rd November 2016 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I thank the noble Baroness, Lady Brinton, for securing this debate. We have heard some thoughtful contributions. I agree with her and other noble Lords who have mentioned the importance of the creative industries. The creative industries are a cultural and economic success story, a high-value, high-growth sector, worth £87.4 billion to the UK economy in 2015. The noble Lord, Lord Bilimoria, rightly mentioned our world-class museums.

The arts also enrich children’s lives. The Government fully recognise that they help develop the self-confidence, resilience, communication and team-working skills that will stand young people in good stead throughout their adult lives, a point raised by the noble Earl, Lord Clancarty. Again, the noble Lord, Lord Bilimoria, is right: the creative arts help develop critical skills for business, as he will know from his experience. The Government are determined that all young people should have access to an excellent, well-rounded education, and the arts are central to this.

The noble Baroness, Lady Brinton, asked about the action that we intend to take to ensure that exam boards continue to offer a range of creative subjects at A-level. What do we mean by creative subjects? The noble Baroness, Lady Nye, claimed that the Government have no definition of a creative subject. It is true that we do not set out to be too prescriptive about such a definition. For example, in some subjects, students design and create their own works of art or products, but many other subjects, such as computer science, involve other types of creativity. The Government have recently reviewed the content of every A-level, with input from universities and subject specialists, so that they fully prepare students for further study. Almost 50 new A-levels will begin to be taught between 2015 and 2018, including many arts subjects.

The noble Baroness, Lady Brinton, the noble Earl, Lord Clancarty, the noble Lord, Lord Bilimoria, and many other Peers raised specific concerns about AQA’s recent decision not to develop new A-levels in history of art, archaeology, classical civilisation and statistics. I studied history of art at a fine institution on the East Neuk of Fife in Scotland and recognise how such subjects help our understanding of societies and foster skills in critical analysis. The noble Lord, Lord Bilimoria, cited his own personal example. I therefore share your Lordships’ disappointment about this decision. However, contrary to some media reports, I assure your Lordships that this was not a government decision but was taken by AQA. Our intention has always been that there should continue to be an A-level in history of art and archaeology, which is why we published subject content earlier this year. In AQA’s judgment, there are challenges in delivering the qualifications because of the breadth and specialist nature of options, which are taken by a small number of students. These issues are not new. AQA has also cited the difficulties in finding examiners who not only have the subject expertise but the sound assessment knowledge to ensure that all students are awarded the grade they deserve.

The noble Baroness, Lady Nye, and other noble Lords wanted to know what action the Government are taking to secure the future of these qualifications. I can reassure the House that we are taking the matter seriously. As soon as AQA notified us of its decision we opened urgent discussions with the other exam boards on the option for them to offer the subjects. It is of course for individual exam boards to decide which qualifications to offer so I am not in a position to make any undertakings today, but I can say that discussions have so far been positive. I can also reassure the House that students currently studying these subjects for examination in 2017 and 2018 are not affected. The OCR exam board will continue to offer A-levels in classical civilisation beyond this date, and as the House will know, there are alternative qualifications in art history such as the Cambridge Pre-U, which are accepted by universities and count in school performance tables.

While noble Lords, myself included, might wish all young people to have the opportunity to study history of art, and archaeology if it is available, at school—the Government are engaged with other exam boards so that this may happen—we should recognise the wider context. The numbers of students currently studying the subjects are low, and universities do not require an A-level in these subjects as a pre-requisite for degree-level study. However, I am aware of the efforts that the arts world is making to improve take-up, including the fast track AS-level offered by the Wallace Collection.

While small numbers of pupils are likely to study history of art A-level, the national curriculum for art and design ensures that many more pupils have an introduction to this important subject. Its aims include ensuring that pupils evaluate and analyse creative works and know about great artists, craft makers and designers. The noble Lord, Lord Clement-Jones, mentioned careers advice, which is a very important point. Young people should have a good understanding of the world of work and the skills needed to do well in the labour market, which is why we are investing over £90 million during this Parliament to ensure that young people have equal access to life-changing advice, including funding for the Careers & Enterprise Company. This will help to ensure that pupils develop skills in visual literacy, which the noble Earl, Lord Clancarty, asked about; this reflects the points made about history of art.

The national curriculum is compulsory for maintained schools and includes music, drama, dance, and design and technology. Academies and free schools can use their freedoms to innovate and build more stretching and tailored curricula to meet the particular needs of their pupils or the particular ethos of the school, including promotion of the arts. On the point raised by the noble Baroness, Lady Brinton, on the EBacc, I reassure the House that this core academic curriculum can sit alongside a high-quality education in the arts. We have never said that pupils should study the EBacc subjects and nothing else. Indeed, the EBacc is deliberately limited in size, so that there is flexibility for pupils to take additional subjects of their choosing. On average, pupils in state-funded schools enter nine GCSEs and equivalent qualifications, rising to 10 for more able pupils. For many pupils, taking the EBacc will mean taking seven GCSEs, and for those taking triple science, it will mean taking eight. Therefore, there will continue to be room for pupils to study other subjects, such as the arts, which reflect their individual interests and strengths.

We are also committed to ensuring that all children receive a high-quality arts education, including those from disadvantaged backgrounds and those with special educational needs and disabilities. Between 2012 and 2016, this Government invested more than £460 million in a diverse portfolio of music and arts education programmes designed to improve access to the arts and to develop talent across the country. There are too many to mention here but the programmes include the Saturday Club Trust’s art and design club, which provides 14 to 16 year-olds with the opportunity to attend free Saturday morning classes at their local art college or university. These programmes are a direct result of the Henley reviews into music and cultural education—a point raised by the noble Baroness, Lady Brinton.

The noble Lord, Lord Clement-Jones, spoke about the film industry, which does not surprise me, given his interest. He may be interested to know that the Department for Education provides £1 million for the BFI Film Academy, which I suspect he will know. This is one of the programmes suggested by Darren Henley, whose reports were mentioned by the noble Baroness, Lady Brinton.

In addition, some schools use pupil premium funding, worth over £2.5 billion overall and up to £1,900 per pupil, to provide cultural enrichment opportunities for disadvantaged pupils.

The noble Baroness, Lady Brinton, highlighted the issue of post-16 funding and I should like to address the points she made about sixth-form funding. This Government believe that every young person should have access to an excellent education and we have protected the base rate of funding for all types of providers until 2020 to ensure that this happens. We have ended the unfair discrimination between colleges and school sixth forms. All providers now receive funding according to the same base rate and we now ensure that funding is based on student numbers rather than discriminating between qualifications. On top of this, we are providing more than half a billion pounds this year alone to help post-16 institutions support students from disadvantaged backgrounds or with low prior attainment. We have also introduced extra funding for large programmes, including those for high-achieving students taking four or more A-levels.

In this short debate, I hope that I have been able to reassure the House that the Government are fully committed to developing young people’s creativity and to ensuring that a wide range of high-quality A-levels is available in the arts and other creative subjects. I have explained that the Government share noble Lords’ concerns about the AQA’s decision to withdraw from history of art and archaeology, and are working with other exam boards urgently to see if a solution can be found. However, these are exceptions; our wider A-level reforms include many arts and creative subjects which are not under threat and will give a fresh, new impetus to the study of arts and the mastery of creativity.

Brexit: Impact on Universities and Scientific Research

Viscount Younger of Leckie Excerpts

Thursday 3rd November 2016 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I am grateful to the noble Lord, Lord Soley, for securing this debate on the potential impact of the UK’s withdrawal from the European Union on funding for universities and scientific research. This is an important topic which is of great interest to the House, as reflected by the number of distinguished Peers contributing today. I shall start by addressing the important and sobering point raised by the noble Lords, Lord Smith, Lord Bilimoria and Lord Mendelsohn, about hate crime. We have been working closely with the police at both the national and the regional level to monitor hate crime since the referendum result. Local forces have the necessary assistance and guidance to respond. On 26 July we published a comprehensive cross-government hate crime action plan, which includes education plans. Ministers and officials have met the ambassadors and high commissioners of EU states to offer reassurance.

As many noble Lords have commented, we are right to be proud of the strength of our research and innovation base and the quality of our universities. Research, innovation and knowledge are the drivers of our global competitiveness and a key source of economic advantage. Indeed, in one of her first major speeches as Prime Minister, Theresa May said that she wanted the United Kingdom to formulate a new industrial strategy. British science is one of our truly outstanding national assets, which along with our other areas of comparative advantage will surely be one of the main building blocks. I thank my noble friend Lord Ridley for mentioning that we should use the current changes as an important way of taking a leap forward and see them as an opportunity, although by no means being complacent about the issues we have to face.

We have continued to recognise that the result of the EU referendum has brought with it some uncertainty for our universities and researchers, and I am mindful of today’s news. I will go on to talk about the important steps that the Government have already taken to address those concerns, but it may be helpful to start by reflecting on the UK’s research and innovation landscape. I appreciated the historical perspective highlighted by the noble Baroness, Lady Wolf, and how the climate was somewhat different 20 years ago.

In the global league tables today, the UK has four universities in the world’s top 10 and 18 in the top 100. UK universities are home to both world-class teaching and innovative research. At this point I should like to address some of the concerns raised about the Higher Education and Research Bill, notably those expressed by the noble Lords, Lord Haskel, Lord Giddens and Lord Rees, and the noble Baroness, Lady Garden. We believe that the current higher education regulatory system is sub-optimal and was designed for an era of grant funding. It needs to be brought up to date. The reforms in the Bill will drive innovation, diversity, quality and capacity, ensuring that we remain attractive internationally. It will provide stability, putting in place the robust regulatory framework that is needed. It joins up the regulation of the market, which is essential to ensure that students are protected and that both they and the taxpayer receive good value for money from the system. The right reverend Prelate the Bishop of Portsmouth, the noble Baroness, Lady Garden, and the noble Lord, Lord Mendelsohn, raised the issue of the teaching excellence framework and the rating system. The TEF has the potential to enhance the reputation of UK higher education. Students will have a better idea of what to expect from their studies compared with anywhere else in the world, while providers with high scores in the teaching excellence framework will be able to market themselves even more effectively.

The noble Lord, Lord Broers, made a point along the same lines about why we are aiming to bring Innovate UK into UKRI. We believe this will bring benefits to business, researchers and the UK as a whole. It will help businesses identify partners and it will mean research outputs are better aligned with their needs. Researchers will benefit from greater exposure to business and commercialisation expertise. I look forward to addressing the details of the Bill when I help to take it through the House quite soon.

The UK science sector is one of the very best in the world, as many Peers have highlighted. It is highly efficient, competitive and internationally successful. The noble Lord, Lord Soley, highlighted the strong, essential interconnections that are so important with other countries. Within the G7 we have the most productive science base in terms of papers and citations per unit of GDP. As the noble Lords, Lord Kakkar, Lord Fox and Lord Mendelsohn, said, we punch well above our weight. With only 0.9% of the global population and 3.2% of R&D expenditure, we produce 15.9% of the most highly cited research articles, which provides a measure of the quality and impact of UK research. We have a long-established system that supports, and therefore attracts, the brightest minds at all stages of their careers. We will continue to fund excellent science wherever it originates and, importantly, ensure there is academic freedom to tackle important scientific questions.

As I have previously said, we appreciate that the result of the referendum has raised understandable concerns, given the multiple interactions between UK and EU institutions and structures that impact on UK researchers and universities. We have acted quickly to provide important reassurances. Just after the referendum result the Prime Minister wrote to Sir Paul Nurse, the Nobel prize-winning scientist and chief executive and director of the Francis Crick Institute, to reassure him of,

“the government’s commitment to ensuring a positive outcome for UK science as we exit the European Union”.

I reassure the noble Lord, Lord Trees, that this is a priority. I note his points about the importance of science and animal research.

As my noble friend Lady Eccles mentioned, in August this year the Chancellor committed that the Treasury will guarantee all competitively bid-for EU research funding that is applied for before our departure from the EU and is successful. The Government have communicated this announcement widely through our embassies, and we are grateful for the efforts of UK stakeholders who have been reinforcing this message through their networks. It is very positive for the sector that the nearly 4,000 UK participants currently working on Horizon 2020-funded projects can be reassured that they can continue to collaborate on excellent research and innovation.

This is not just about academic research; our innovative businesses are also doing well in securing Horizon 2020 funding—€411 million since 2014, putting us in second place in the programme. This August’s announcement should encourage businesses to continue to participate in applications for EU funding.

[Lord Hunt of Chesterton]

For how long will this continue? Will it just be to the end of the existing programme in 2020? That is the question nobody knows the answer to.

[Viscount Younger of Leckie]

It is a question that has been raised in the debate. I cannot give any further reassurances on that, but I and other Ministers have laid out exactly where we are at the moment. Clearly, discussions are under way. I am sure all will become clear.

I listened carefully to the speech of the noble Lord, Lord Broers, about innovation. He is right to distinguish between curiosity, or pure research, and research-linked productivity and industry. We will discuss these important matters when we discuss the Higher Education and Research Bill.

The Chancellor also confirmed that structural and investment fund projects signed before the UK departs the EU will also be guaranteed by the Treasury after we leave. Funding for structural and investment projects will be honoured by the Treasury, so long as they meet the value-for-money criteria and are in line with domestic strategic priorities.

To reassure EU students planning to come to study in the UK, we have announced that the rules regarding the student loans that EU nationals receive from the Student Loans Company are unchanged and remain in force. Therefore, current EU students and those starting courses in the 2016-17 and 2017-18 academic years who are eligible for student support will continue to be able to access this support for the duration of their course, even if this continues after we have left the EU. Student Finance England will assess these applications against existing eligibility criteria, and will provide support in the normal way.

[Baroness Blackstone]

My Lords, a number of contributors to the debate asked whether the Minister could say what will happen in 2018-19, which is likely to be before the UK exits the European Union, and after that. The Minister has given no answer to either of those questions.

[Viscount Younger of Leckie]

That is true. I am unable to give an answer; I can be candid about that. However, I reassure the noble Baroness that this is a very important point and that these matters are being discussed and will continue to be discussed as we move forward in this particularly challenging process.

We are also grateful to the European Commission for the swift reassurances it has provided. Commissioner Moedas said in July this year:

“As long as the UK is a member of the European Union, EU law continues to apply and the UK retains all rights and obligations of a member state”.

This means that we still have the same terms of access to European research funding, such as Horizon 2020, for as long as we are still a member of the EU.

[Lord Liddle]

Following on from my noble friend’s question, I point out that we will not have left the EU by the start of term in September 2018. Does the fact that EU obligations continue to apply mean that EU students will be eligible for British loans to come to our universities in autumn 2018? Will the Minister give us that assurance?

[Viscount Younger of Leckie]

I have laid out exactly what our guarantees can be, but I can only say again that I am unable to comment beyond those guarantees. I hope I have reassured the House that this is a very important matter.

[Lord Liddle]

Would the Minister write to me about this point?

--- Later in debate ---

[Viscount Younger of Leckie]

I can certainly write to the noble Lord and copy other noble Lords into a letter about this matter, but I fear I am not able to go further than other Ministers have gone. I understand the point that the noble Lord makes.

To continue on Horizon 2020, I acknowledge the enormous contribution my noble friend Lord Willetts made to the strength of the research base while he was Minister for Universities and Science. I understand that he played an important role in discussions that led to Horizon 2020 being a well-funded part of the EU budget and simpler for researchers to navigate. I am also grateful to my noble friend for his suggestions on how we can continue to collaborate with the EU on Horizon 2020. He raised one or two points, including the possibility of parallel funding. I can assure him that this will be part of those discussions.

Commissioner Moedas has also made it very clear that UK participants are not to be discriminated against when they apply for Horizon 2020 grants. He said:

“Horizon 2020 projects will continue to be evaluated based on merit and not on nationality. So I urge the European scientific community to continue to choose their project partners on the basis of excellence”.

The Minister for Universities, Science, Research and Innovation, Jo Johnson, continues to be in close contact with Commissioner Moedas. BEIS, the new department, working closely with all relevant departments such as the DfE, remains vigilant and open to any evidence of problems. As a reassurance, we have a dedicated inbox for people to send in details of any concerns. I know that the noble Lords, Lord Liddle and Lord Bragg, cited specific examples of where there may be problems. The noble Lord, Lord Bragg, also mentioned Leeds; my son graduated there this year. I noted with concern also the news from Cambridge about the 14% reduction in applications from EU students.

Although we have had some anecdotal evidence of people being asked to stand down from consortia or project-lead positions, there are no clear-cut examples specifying projects or consortia that have turned down UK participants. These anecdotes show that there has been some adverse reaction following the vote, but we also have anecdotal stories of UK researchers who were initially told that they were no longer welcome in consortia, but then later the position changed—possibly connected to the funding announcement. We are engaging with the people who emailed us to check whether any new or other issues are being experienced, because this is an important matter. The announcement on underwriting Horizon 2020 funding has led to a slow-down in people contacting us and we want to make sure they keep sharing their information with us.

I want to reference comments on Horizon 2020 made recently to the Higher Education and Research Bill Committee by Sir Leszek Borysiewicz of the University of Cambridge. He said:

“We are quite confident that we can deal with the assurances that the Government have given in the short term … We have not experienced what many institutions have experienced, with people not being asked to continue on grants”.

Looking to the future, we will work with all stakeholders to ensure that our universities and researchers are protected as the UK establishes its new position in the world. So how can we be sure that the UK continues to excel?

First, I say in response to the noble Lords, Lord Fox and Lord Lipsey, that EU nationals who have lived continuously and lawfully in the UK for at least five years have an automatic and permanent right to reside under EU law. EU nationals who have lived continuously and lawfully in the UK for at least six years are also eligible to apply for British citizenship if they would like to do so.

As mentioned earlier, what happens after Brexit is up for negotiation. We are clear that we need to understand the impact of any changes we make to the UK’s immigration system on the different sectors of the economy and the labour market, including in terms of the highly skilled staff, both academics and technicians, who underpin university departments and businesses. I know that the noble Baroness, Lady Blackstone, raised this issue and I hope that this gives her some reassurance that we are taking this matter extremely seriously.

Let me be clear that we recognise that EU researchers have contributed greatly to the diversity and talent base of the UK’s workforce. We hugely value the contribution of EU and international staff. This has been emphasised in recent statements by the Secretary of State for Exiting the European Union, where he has said:

“If we are to win in the global marketplace, we must win the global battle for talent. Britain has always been one of the most tolerant and welcoming places on the face of the earth. It must and it will remain so”.

Secondly, we must ensure that excellent collaboration in cutting-edge research can continue with European and international partners—this important point was raised by my noble friend Lord Willetts and others. We are now more ambitious than ever to build global research partnerships that not only put the UK at the forefront of international research on emerging global challenges but support the economic development and social welfare of developing countries around the world. We should remember that academic and research co-operation in Europe predates the EU by centuries, and the community of European academic institutions has always been much wider than the EU.

The noble Lord, Lord Giddens, and my noble friend Lord Willetts asked what type of consultation the Government were engaging in on post-Brexit research funding. I can reassure the House that the Government have been talking extensively to stakeholders. Jo Johnson announced during last week’s Select Committee inquiry into similar issues that he would invite a number of senior representatives of UK research and innovation to a high-level consultative forum to discuss the opportunities and issues arising from the UK’s exit from the European Union.

Thirdly, we must ensure that UK researchers continue to have access to, and leadership of, world-class research facilities. We have access to major research infrastructures across the world, such as the Large Hadron Collider, in which the UK plays a leading role. We are a major partner in building new infrastructure such as the Square Kilometre Array, whose global headquarters will be based at Jodrell Bank—I think the noble Lord, Lord Bilimoria, raised that point.

Finally, we need to ensure a supportive funding and regulatory landscape. As a Government, we recognise the contribution that our world-class research base makes to our economy and well-being. This is why we have committed to protect the science budget in real terms. The reforms that we are introducing through the Higher Education and Research Bill will give us a best-in-class regulatory system for higher education, and UKRI will be a strong voice for UK research and innovation on the global stage.

I am a little short of time; I will address as many questions as I can in the time available. Otherwise, as the House would expect, I will write to noble Lords.

My noble friend Lord Willetts and the noble Lords, Lord Broers and Lord Kakkar, spoke of the concerns for science and innovation in relation to the new industrial strategy. It was mentioned that VAT changes might be made; for example, charges on buildings cohabited by business and universities. I can reassure the House that the Prime Minister, the Chancellor and the Business, Energy and Industrial Strategy Secretary are clear that building a productive, open and competitive business environment is vital. Key to this Government’s aims will be delivering a comprehensive industrial strategy that gets the whole economy firing. The objective of the industrial strategy is to deliver the Prime Minister’s vision of an economy that works for all. There are three key themes. First, we can look again at the regulatory environment. We have to work hard to make sure that the European framework covers excellent research and innovation—data protection is an example of that. Secondly, we can look afresh at how we optimise international collaborations, mentioned in debate today. Thirdly, we have an opportunity through the industrial strategy to put research and innovation at the heart of what we do.

I shall stop there. As I said, I will write to noble Lords addressing the good number of questions that were raised in this long debate.

Anti-Semitism

Viscount Younger of Leckie Excerpts

Thursday 27th October 2016 Grand Committee

[Viscount Younger of Leckie (Con)]

My Lords, I thank the noble Baroness, Lady Deech, for securing this debate. I will attempt to address, in brief, the main issues raised. As the noble Lord, Lord Stevenson, said, this is an important issue, and the passion that came out in many of the speeches today reinforces that point.

Britain is proud to be multi-ethnic and multifaith. As the noble Baroness, Lady Deech, said, it is also a good place to be Jewish. There is no place in our society for anti-Semitism or any form of harassment, discrimination or racism. Therefore, anti-Semitism is abhorrent, and we must take it very seriously.

As the noble Lord, Lord Sacks, mentioned in his speech, many noble Lords will have read in the Times this morning with dismay that a Member of this House, the noble Baroness, Lady Tonge, hosted an event at which Jews were blamed for the Holocaust. I am sure that all noble Lords will join me in condemning this shameful display of anti-Semitism.

The UK has one of the strongest legislative frameworks in the world to protect people against incidents of violence and hate crimes and other forms of harassment, including racial and religious discrimination. The noble Baroness, Lady Deech, was very helpful in raising the issue of how one might attempt to define anti-Semitism. I am pleased to inform the noble Baroness that the Pickles definition she mentioned has been part of the operational guidance for police officers responding to hate crimes since 2014. The Government are currently reviewing whether the definition should be more widely applied. The Government know full well that there is more to be done. Anti-Semitism is a hate crime, and in 2015-16 UK police forces recorded 62,518 hate crimes. The Community Security Trust, which is the main recording medium, recorded 557 anti-Semitic incidents across the UK in the first half of this year. This is up from 500 incidents recorded in the same period last year.

I now turn specifically to universities, the subject of this debate. Twenty-seven anti-Semitic incidents were recorded in the first six months of this year, affecting students, academics, student unions and other student bodies. Eight of these incidents took place on a university campus and 15 involved social media. While this number is relatively low, one incident affecting one individual is one incident too many. We recognise the debilitating effect such incidents can have on students and the atmosphere of hatred they can create.

The noble Baroness, Lady Neuberger, among others, raised concerns about the level of anti-Semitism on social media, which is a very good point. The harm caused by anti-Semitism on the internet is a growing concern for the Government, and we have outlined a firm plan to hold social media companies to account in the recently published hate crime action plan. The noble Lord, Lord Sacks, mentioned the chilling effect of the boycotts, divestment and sanctions campaign on university campuses. I assure the noble Lord that this Government wholeheartedly condemn and reject the BDS campaign and strongly believe that it has no place on our campuses.

The question I am sure noble Lords will be asking and have asked is: what are the Government doing about this? The noble Baroness, Lady Neuberger, stressed the importance of leadership in tackling anti-Semitism, and that is why the Government have accepted and are acting on all 34 recommendations provided by the All-Party Parliamentary Group against Antisemitism following its 2015 inquiry, which communicated the reality of anti-Semitism on the UK Jewish community. For example, the Crown Prosecution Service and the police are working on publicising all arrests and prosecutions relating to anti-Semitism, underlining that public bodies take anti-Semitism very seriously indeed. Government’s relationship with the Jewish community has been built on the solid work of the cross-government working group on tackling anti-Semitism. This ensures that we are alive to any issues and concerns of the Jewish community and can respond quickly.

This is a tolerant country, and universities are an extension of that tolerance. Freedom of expression and academic freedom are fundamental principles, but not a licence to propagate hate speech. As the noble Lords, Lord Alton and Lord Beith, said, the Equality Act 2010 places a duty on all public bodies, including universities, to protect individuals from discrimination and harassment with the aim of helping them to feel safe and to live in an inclusive environment which respects their difference. Free, open debate offers the best tool available to challenge those who espouse intolerance or discrimination. It is vital that universities have policies and procedures in place to ensure that ideas can be heard and challenged in a safe and well-managed environment that allows for the free exchange of ideas without harassment or intimidation. The Government have an overarching responsibility to ensure that the laws of the land are upheld. This takes on board that universities are autonomous institutions, but it does not mean that the Government bear no responsibility. Universities clearly have a legal obligation to ensure that students do not face discrimination or harassment. The noble Lord, Lord Sacks, made some powerful comments on this very point.

We look to universities to have robust policies and procedures in place. The Union of Jewish Students and the CST provide guidance to universities on addressing illegal and unacceptable behaviour on campus, and some institutions have successfully addressed it. For example, as was mentioned in one of the speeches today, at the University of Birmingham the campus security staff have been very active in their attempts to protect the welfare of the Jewish student population. However, as a Government and as a society we cannot be complacent. One incident of anti-Semitism is one too many.

I turn to the more serious matter of the NUS, which was raised by the noble Baroness, Lady Deech, and the noble Lords, Lord Beith and Lord Mitchell. The NUS also has a role in ensuring that safeguarding, anti-discrimination and harassment policies are implemented on the ground. Sadly, as the noble Lord, Lord Mitchell, has pointed out, the actions and words of the current NUS president, Malia Bouattia, have undermined the positive engagement that Jewish students have had with the NUS for decades. I agree with the noble Lord that Jewish students’ concerns about some of her comments have aroused disquiet. It is important that the national president acknowledges that her past rhetoric has caused much harm and that she apologises.

The noble Baroness, Lady Deech, referred to the payment from University of York Students’ Union to Zachary Confino for suffering anti-Semitism. It is absolutely right that it should not be up to individual students to fight lengthy battles of this kind. I am aware that following this incident the University of York ran a day of inclusivity training for all staff, which is most welcome.

The noble Lord, Lord Alton, made an excellent and rather sobering point about how anti-Semitism, often called the world’s oldest hatred, has the ability to morph from Palestine and Gaza and the role of the state of Israel into a hatred of Zionism and incitement to hate Jews. This ability often to hide in plain sight is what makes anti-Semitism so dangerous. If I have got this right, the noble Baroness, Lady Ludford, described anti-Semitism as being a virus. She reminded us all of the importance of not holding Israel to a different standard.

The noble Lord, Lord Stevenson, the noble Baroness, Lady Deech, and the noble and right reverend Lord, Lord Harries, spoke about University UK’s harassment task force report. In September 2015, the Government asked UUK to set up a harassment task force on violence against women, harassment and hate crime, including anti-Semitism. The right reverend Prelate the Bishop of Winchester said that anti-Semitism can hide behind respectability. I could not agree with him more when he says that universities must ensure that anti-Semitism is confronted whenever and wherever it arises on our university campuses.

The task force has brought together vice-chancellors of institutions, students, university experts and external organisations. It published its recommendations in its report last Friday. They set out clear, practical steps that institutions should take to prevent and respond to hate crime in all its forms, including anti-Semitism. We are committed to ensuring that the task force’s recommendations are implemented, and we have asked UUK to scrutinise progress over the next six months. I make it clear that if we are not satisfied with the progress made, we will consider further action.

The work of the UUK task force and partnerships between the universities and organisations such as the Union of Jewish Students are important steps towards changing behaviours. While the Government are acting on many fronts to tackle intolerance and racism, we are never complacent. The effects of anti-Semitism on an individual can be devastating. The Government will diligently pursue our commitment to tackle intolerance and bigotry in whatever form and continue to work in partnership with public bodies and communities to support universities in the pursuit of eliminating anti-Semitism and all forms of harassment, discrimination or racism in universities.

I want to pick up a point made by the right reverend Prelate and the noble Lord, Lord Mitchell, about the importance of faith and interfaith. We are supporting faith communities because, frankly, practical co-operation between faith groups is crucial to the kind of society that we want to build. It is about people from different backgrounds coming together, not just sitting around tables but working together for the common good and tackling shared social problems. The Government have invested over £8 million in the near neighbours project run by the Church Urban Fund to build productive working relationships between people of different faiths at the local level.

I realise I am running out of time but there are two questions that I failed to answer.

[The Earl of Courtown]

You have run out of time.

[Viscount Younger of Leckie]

Then I feel I should stop there.

Grammar Schools

Viscount Younger of Leckie Excerpts

Thursday 13th October 2016 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I am grateful to the noble Baroness, Lady Andrews, for securing this debate on the important matter of selection in education. I acknowledge that this is an issue about which noble Lords feel passionately and on which opposing beliefs are strongly held. The noble Baroness herself set this tone at the outset. I hope that I can provide some balance to the debate as others have done—in particular, my noble friends Lord Cormack and Lord Framlingham. I am aware that this House is privileged to have many distinguished and experienced educationalists contribute to the debate.

As noble Lords will know, and as was mentioned earlier, we are facing great change as a nation as we prepare to leave the European Union—a change that will require us to define an ambitious new role for ourselves in the world. Rather than these proposals being a diversion, as the noble Lord, Lord Blunkett, said, or a distraction, as the noble Lord, Lord Liddle, said, I believe that this is the very time we should be seeking to make these changes. In doing so, we need to consider what our place and role should be on the world stage, and how we can best develop our home-grown talent and skills to their full potential to ensure that we can truly compete as a global trading nation.

Those points were raised by my noble friend Lady Vere of Norbiton in her excellent and well-considered maiden speech. Her arguments set out the questions that are at the heart of our consultation and Green Paper, and indeed this debate. She alluded not only to those questions but to the bigger picture and, as I said, our place in the world.

We are required to build a school system which works for everyone and ensures that every child has access to a good school place, regardless of their background, and that education provision caters to the individual needs and abilities of each child. To that extent, I believe that the whole House agrees with me. It is therefore right that we should ensure that each child can go as far as their talent and hard work can take them.

When we look at the global landscape, we see that some of the highest-performing countries have highly selective systems, including the Netherlands, Singapore, Hong Kong and Japan. Indeed, some of those countries were mentioned by the noble Baroness, Lady Andrews. Although, as she and the noble Baroness, Lady Humphreys, said, the OECD’s 2012 PISA concluded no direct link, we should not ignore the fact that the majority of countries performing above England in the international student assessment have a more selective secondary system. It is therefore right that we should question the status quo, as we have done in our Green Paper.

Our education reforms over the past six years have already seen us make great strides in this regard, with the provision of many more good school places. There are now over 1.4 million more children in good or outstanding school places compared with 2010, and a further £7 billion is being invested over the course of this Parliament to deliver new school places. We have also seen more control placed back in the hands of parents and head teachers; a renewed focus on learning the basics in primary school; and initiatives to help young people pursue a strong academic core of subjects at secondary level, ensuring that every child has the key knowledge and skills for later life.

As has been mentioned, teaching also continues to remain a popular and rewarding career. We have record numbers of teachers now entering the profession, with 15,000 more teachers in our classrooms than in 2010. Teacher retention continues to be stable, as it has been for the past 20 years, with three-quarters still teaching in the state-funded sector three years after qualifying.

However, I am sure the House will agree there is still a long way to go. For far too many children in England, a good school still remains out of reach. As my noble friend Lord Framlingham said, 1.25 million children are attending primary and secondary schools in England rated as requiring improvement or inadequate. For some regions this is the case for over a fifth of pupils.

At the same time, demographic pressure for good school places is increasing, so we cannot afford to ignore or shy away from this issue. Doing nothing is not an option. We need to radically expand the number of good school places available to all families, not just for those who can afford to move into the catchment areas of the best state school, or to send their children to private school or to pay for private tuition, as mentioned. Access to good and outstanding schools should no longer be based on a postcode lottery, or whether you are wealthy enough to move or afford tuition. Every child should be able to access good school places and to go as far as their talents will take them, irrespective of their background.

The time has come to tackle the remaining inequalities in the system. Statistics show that those who attend state schools are still less likely to reach the top professions than those from independent schools, which make up only 7% of the population. We must continue to strive to break the link between future career and family background.

Let me be very clear. This is not to say that our existing schools are not already making great progress here. We have more than 6 million children in either good or outstanding places. Indeed, we should also trumpet the good work of our comprehensives—75% are rated good or outstanding. The noble Baroness, Lady Humphreys, spoke passionately about the experience in Wales. But we have to admit that inequalities persist, particularly for families that are less well off.

We believe there is therefore a strong argument for giving all schools—including selective schools that have a strong track record, experience and valuable expertise—the right incentives to expand their offer to even more pupils. This is why our proposals seek to ensure that universities and independent schools, as well as selective schools, play a full part in raising standards across the whole system. But this is part of a wider education strategy that will ensure that the education system addresses the individual needs and talent of each child, from their early years, through primary and secondary schools, to university and the workplace.

I know that the noble Baroness, Lady Taylor, spoke passionately about the inequality that can be created by selection in education, but I can assure her that under our wider education policies, this issue will be addressed in terms of the disadvantages children can experience before the age of 11. That is why total government spending on early years is increasing from £5 billion in 2015-16 to £6 billion in 2019-20. Selective schools will also be required to support primary schools and help them to increase access for disadvantaged pupils.

However, we accept that grammar schools as they currently operate admit too few disadvantaged pupils. Again, points have been made in the debate that they could do more to raise standards for all pupils in the areas in which they are based. That is why our proposals will ask them to do more. Some schools are already showing how this can be done. For example, the five Schools of King Edward VI in Birmingham, which run the Opening Doors campaign to challenge preconceptions about a grammar school environment, have made changes to their admission arrangements to prioritise pupil premium pupils, and expanded by 20% to enable more bright children from less-privileged backgrounds to join the school. Secondly, the Wallington County Grammar School in Sutton is seeking to share its expertise to drive up standards more widely through the opening of a new mixed non-selective school, due to open in 2018, and its existing sponsorship and outreach work with local primary schools.

I can assure the noble Baroness, Lady Humphreys, and other noble Lords who have spoken that we are not proposing a return to the old binary system of grammar schools and secondary moderns. “No return to the past”, said my noble friend Lord Framlingham, and he is right. We are instead proposing additional selective schools within a system where more children than ever before already attend a good or outstanding school, so that there is a choice between good selective education and good non-selective education.

In answer to the concerns raised by the noble Lord, Lord Puttnam, we are not proposing to impose grammar schools on communities that do not want them. The Secretary of State will take account of their impact on local communities when considering whether to approve them.

[Baroness McIntosh of Hudnall (Lab)]

I am sorry to interrupt the Minister, but could he just explain how it could possibly be, were a selective school to set up in an area that has a successful comprehensive school and therefore take away from that school the most able pupils it has been able to attract up until then, that the character of that comprehensive school will not be affected? I do not see, and I do not think anyone else sees, how that would be possible.

[Viscount Younger of Leckie]

I might have expected the noble Baroness to raise that point, but first, it may not be right that a new selective school is set up there anyway. We need to lower the temperature on this. If it is the case, the whole point is that the selective schools will be used, where appropriate, to help raise the standards in non-selective schools. It is upping the ante and raising up to the higher level.

[Lord Bragg]

The Minister seems to take for granted that grammar schools will raise the standards at comprehensive schools when again and again pupils from comprehensive schools are outgunning those from grammar schools wherever you look. He is just wrong about that. I am awfully sorry to say that—no, I am not all that sorry: he is wrong about that.

[Viscount Younger of Leckie]

Again, I note the comments from the noble Lord, Lord Bragg, which are clearly opposed to what we are planning, but I can only repeat that it is right to question and look at these issues to see how selection can play a greater part in our education system, as a holistic approach.

We will expect selective schools to play their part, either by supporting other less well-performing schools or sponsoring new schools in areas where they are needed, as well as removing the barriers that prevent disadvantaged students accessing selective education. I took note of the many comments made, notably by my noble friend Lord James, the noble Baroness, Lady Taylor, the noble Lord, Lord Storey, and indeed by the noble Lord, Lord Bragg, about the 11-plus, the main point being that certainly in the past—a long time ago—the 11-plus meant that children were classed as failures. I must repeat that we are not talking about introducing the 11-plus. We are proposing that more selective schools are introduced in a diverse schools system.

A flexible approach to new selection is the priority. For example, we are proposing to encourage new selective schools to consider admission at later ages and how they could respond more flexibly to children’s differing rates of development, and according to their talents. This could include moving pupils between schools, encouraging this to happen at different ages, as my noble friend Lord Cormack said, such as 14 and 16, as well as 11, or pupils joining the selective school for specific subjects or specialisms.

Selective schools are good schools. Some 99% of selective schools are good or outstanding and 80% are outstanding. They are popular with parents. As I have already mentioned, there are also a number of non-selective schools that are similarly highly rated, but this is a complex picture and about giving parents the choice of the high-quality education that they want for their children—a choice between good selective education and good non-selective education. It is only right we should examine how we can open up this choice to more families.

Contrary to the arguments put forward by the noble Baroness, Lady Andrews, the evidence shows that grammar schools provide good results for those who attend them. Looking at the raw exam results, almost all pupils in selective schools—96.7%—gain five or more A* to C grades at GCSE, including English and mathematics, compared with 56.7% at non-selective schools.

[Baroness Andrews]

I am very sorry to interrupt the Minister. I would not dispute what he said: I said that grammar schools get good results, better results, because of the demography and the support parents give children to pass the exams. That is why it is social, rather than educational, selection.

[Viscount Younger of Leckie]

I realised that we would probably have a dispute at some point about not only the statistics but the ideological angles that we take.

The most recent research by the Educational Policy Institute indicates a positive impact of around a third of a GCSE grade higher in each of the eight subjects. Even when we take the higher-ability intakes into account, we see that pupils still perform better in selective schools than in non-selective schools. I can assure the noble Lords, Lord Giddens and Lord Cashman, that the consultation focuses on how selective schools can contribute more to ensuring greater social mobility.

A number of studies have found that selective schools are particularly beneficial for the pupils from disadvantaged families who attend them, closing the attainment gap to almost zero. Indeed, one study found the educational gain from attending a grammar school to be around twice as high, of seven to eight GCSE grades, for pupils eligible for free schools meals as for all pupils—around 3.5 grades.

While it is hard to determine the real impact of selection on those who do not attend selective schools, the Sutton Trust found no evidence of an adverse effect on their GCSE performance, while others found small adverse effects. Nevertheless, this is evidence based on the selective school system as it currently operates.

Selective schools could contribute in a number of ways, sharing expertise and resources, assisting with teaching and curriculum support, and providing support with university applications. The Government’s proposals intend to make grammar schools engines of academic and social achievement for all pupils, whether they are in selective or non-selective schools.

The right reverend Prelate the Bishop of Norwich asked about the parameters of funding for the new opportunity areas, as Norwich is one of the first that we have announced. We will make available up to £60 million of new funding to support targeted local work in the opportunity areas to address the biggest challenges that each area faces. We expect it to be used to fund local, evidence-based programmes, and local project management and evaluation.

I can assure the noble Lord, Lord Cashman, that any proposal to remove the 50% cap on faith admissions for faith schools will include proposals to ensure that they promote inclusivity and community cohesion. The noble Lord, Lord Liddle, raised a point about plans for existing schools to become selective in a planned manner. I can assure him that the consultation asks for views on how existing non-selective schools should become selective. The Secretary of State will also take account of the impact on local communities when deciding which proposals to approve.

The noble Baroness, Lady Andrews, and the noble Lord, Lord Bragg, asked why London schools appear to be successful without selection. There are a number of reasons why London schools have improved in recent years, but there is no evidence to demonstrate that a lack of selective schools is one of them.

The noble Lord, Lord Addington, referred to special needs and the need for more teacher training in SEND. In July 2016, the Government published a new framework of core content for initial teacher training, developed by Stephen Munday’s expert group.

I believe that I am running out of time. I have a few more questions that I would prefer to answer, but I fear that I will have to call a halt. I will certainly write to all noble Lords who have raised questions and review in Hansard what I and others have said.

[Lord Watson of Invergowrie]

The Minister has three minutes left.

[Viscount Younger of Leckie]

The three minutes is for the noble Baroness, Lady Andrews, to reply.

School Census: Pupils’ Nationality

Viscount Younger of Leckie Excerpts

Wednesday 12th October 2016 Lords Chamber

[The Earl of Clancarty]

To ask Her Majesty’s Government for what purpose they intend to use the information ascertained from the newly introduced question in the school census on pupils’ nationality.

[Viscount Younger of Leckie (Con)]

My Lords, we will use information on pupils’ nationality and country of birth to understand how we can give all pupils a better education that caters to their individual needs. If there are people whose first language is not English, we will be able to see how well they are doing and how we can help their school to contribute meaningfully to raising pupils’ outcomes. These new data are solely for the DfE to use in research, statistics and analysis.

[The Earl of Clancarty (CB)]

My Lords, is the Minister aware that parents are appalled by the introduction of these questions on nationality and place of birth, which have nothing to do with a good education? Is he further aware that a freedom of information request has revealed that the Home Office has frequently used the pupil database for immigration purposes? Does he not therefore agree that these questions are on the same level of intrusiveness as listing foreign workers, and should be removed from the census?

[Viscount Younger of Leckie]

My Lords, the census covers a range of things, and we should be aware that children of foreign nationals can face additional challenges upon starting school in the UK. They are not likely to speak English fluently and may not have been here for the full school choice or application round, so they are more frequently placed in schools that, ideally, they would not choose. The education system they have arrived from may be different from the English system, so they may be behind our expected standards simply because they have yet to cover elements of our curriculum. Understanding nationalities helps us to put the right policies in place to help those children, and there are safeguards in place.

[Baroness Sharples (Con)]

Can my noble friend confirm that the number of children with English as their second language has risen from 6% to 16% in one year?

--- Later in debate ---

[Viscount Younger of Leckie]

I will need to confirm those exact figures to my noble friend in writing, but I suspect that that is the case. That lies behind the need to ensure that we look after those pupils effectively and support the teaching profession, which often has to deal with a range of nationalities in the classroom, with all the challenges that that brings.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the noble Lord carefully said “may” in respect of these children’s potential to require special support. There is another way to look at this, which is that a lot of children of foreign nationals are extremely well able to take advantage of the education being offered to them here—for example, many of them are bilingual, which is helpful to them and their peers. Does he not agree that even an appearance of an us-and-them way of segregating different kinds of children within our schools is really unhelpful at this time? Whether or not the information is being used appropriately, it gives a most unfortunate impression.

[Viscount Younger of Leckie]

I have to disagree with the noble Baroness, because we believe that adding items on nationality and country of birth as well as English proficiency will be helpful and will be used better to understand how children perform, whether they are bilingual or whether they have come with English as an additional language. It is right and proper that we introduce this assessment; it better enables us to monitor immigration issues within this country.

[Lord Maginnis of Drumglass (Ind UU)]

My Lords, as a long-time school principal, perhaps I may expand the Question a little and ask whether the Government are aware of the dangers of either the census or questionnaires. When I asked a Question about Brighton and Hove Council asking five and six year-old children’s parents what was their children’s self-perception of their sexual orientation, I thought it was pretty rubbishy information, which could have been exploited by people who were bent on conditioning purposes and otherwise. Will the Government therefore take care of all information of this nature collected in schools and ensure that it cannot be abused, as I suspect it could at the moment?

[Viscount Younger of Leckie]

My noble friend makes a good point. I should reassure him that the DfE has robust processes in place to ensure that the confidentiality of pupils’ details is maintained, and there are necessary checks and balances to ensure that there is no inadvertent misuse of these data. I go further to say that there is no requirement for schools to request or see documentary evidence such as a passport or birth certificate; it is purely focused on specific issues, with those safeguards.

[Lord Steel of Aikwood (LD)]

How do the Government propose to count the growing number of children who have dual nationality?

[Viscount Younger of Leckie]

I believe that I have answered that question to the extent that all pupils are taken account of and the schools of course have their own management information system to be able to monitor pupils from wherever they come—from within this country or abroad.

[Lord Singh of Wimbledon (CB)]

My Lords—

--- Later in debate ---

[Lord Singh of Wimbledon]

My Lords, I can understand that such information may possibly be of use educationally, but can the Minister explain why and for what purpose that same information is given to the Home Office?

[Viscount Younger of Leckie]

I can reassure the noble Lord that the information is not given to the Home Office. There has been some mischief in the press about this, but I reassure the House that the information is kept within the Department for Education and is not passed on to the Home Office.

[Lord Harris of Haringey (Lab)]

My Lords, can the Minister give an absolute assurance that it is not obligatory for a school to fill in this question, and that no sanction will be applied to a school which fails to do so, or to a parent who does not answer?

[Viscount Younger of Leckie]

That is absolutely correct. The guidance is very clear on that. If, for example, a school wishes to send information to the DfE and parents do not agree for that particular child, it does not get sent.

Lifelong Learning

Viscount Younger of Leckie Excerpts

Monday 12th September 2016 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I too am hugely grateful to the noble Baroness, Lady Garden, for securing this debate. I too wish that more notice had been given for it. The noble Baroness and I had the privilege of serving in the coalition Government together on the Front Bench, and I know that she brings much knowledge to this particular portfolio.

It is often the case in these debates that we hear of the backgrounds of noble Lords, and I was particularly interested to hear today of the work that the noble Lord, Lord Watson, did in the past for the WEA and everything else that he mentioned. I should declare my own interest in the subject of lifelong learning. My background is in industry and the City as a human resources generalist, including career management, so I have always had a great deal of enthusiasm for this subject and the contribution it can make, and I hope I come with a little knowledge.

Let me start by attempting to define what lifelong learning is; I think that the definition chimes to some extent with the comments made by the noble Lord, Lord Rees. It focuses on, first, giving people opportunities for progression and maintaining employment by upskilling; secondly, giving those who have underachieved academically earlier in life the opportunity to update their skills and increase their earnings; and, thirdly, enabling those who have been out of work to reskill and enter employment. I was interested to hear one or two anecdotes, particularly from the noble Baroness, Lady Smith, about her mother—maybe she falls into the third category or maybe it is the first; I am not entirely sure.

Like many noble Lords, I have read Hansard for the debate in January, when the noble Lord, Lord Hennessy, offered an apt and succinct definition of lifelong learning, calling it the “life of the mind”. I thought that was rather interesting. Lifelong learning supports people to take control of their lives in a world of rapid economic and technological change, to meet the challenges and opportunities that increasing automation brings. In the recent past, we have seen the job market change substantially in places such as Teesside, and before that Corby. In the last recession, we saw a surprising number of people moving from their financial careers to take up teaching as part of the Teach First programme. It is therefore important for government to encourage people to take up new skills—a point that the noble Baroness, Lady Smith, made in encouraging more people to come back into education, and indeed to higher education.

The noble Baroness, Lady Greengross, asked how the Government are helping students to fulfil their destiny. In reply, I would say that the Government have a number of programmes to help students to fulfil their destiny, and I shall summarise them in a moment.

This topic was the subject of a debate in January, which included Lady Williams’s valedictory speech. Lady Sharp spoke to us in this place of the Government’s groundbreaking reforms in technical and professional education, and now I would like to update the House further on those matters. We have accepted all the recommendations made by the Independent Panel on Technical Education, chaired by the noble Lord, Lord Sainsbury, to establish routes of progression up to the highest levels of professional competence as part of a new world-class system. This represents quite a change: in the recent past in England, technical education has tended to start at lower levels and end at level 3. We know that the best systems start from the opposite end of the telescope; they ask what world class looks like and then work backwards. As a result, in the best continental systems, a young person starting has a clear line of sight through to the very highest level of technical excellence. That is something that, despite the best of intentions, previous Governments of all parties have failed to offer young people in our country, and it is a situation that all parties agree now has to change.

An example of this type of situation comes within engineering and manufacturing technologies, where there is an annual shortfall of 40,000 with level 4 skills. The noble Baroness, Lady Garden, raised that point very eloquently in her speech. Yet the proportion of adults in the workforce undertaking higher vocational training—that means beyond level 3 but not a degree—is 7% in England, while in Canada it is 34% and in Germany 20%. In England, technical education virtually stops at level 3, with all the waste of potential that that involves. These reforms take that potential further and, as the noble Lord, Lord Sainsbury, has stressed, it is vital that the new technical routes are open to learners at any age.

The noble Lord, Lord Rees, made a point about the importance of internet skills and robotics. This Government are committed to delivering a programme of national colleges and institutes of technology, which will address gaps in the high-level skills needed by employers. They will be well placed to respond to the challenges of increased levels of automation in the workforce. As I live quite close to Milton Keynes, I am well aware of the project on driverless cars taking place there, which the noble Lord, Lord Rees, may know about. A very high level of skills is needed for that project, which is just one of many. Around £80 million of government funding has been announced to support the five national colleges.

I turn to apprenticeships, which have been mentioned and which are an integral part of the new technical routes as an existing all-age programme. Noble Lords will know that we are expanding apprenticeships, with a commitment to 3 million starts in the current Parliament, and raising the quality by putting employers directly in charge of the reforms. However, noble Lords may not know that more than 3,000 people aged over 60 began an apprenticeship in 2014-15. The noble Baroness, Lady Smith, spoke about the important link between higher education, further education and apprenticeships. We are carrying out two reforms in technical education at the same time. This gives us the best opportunity to ensure that they are complementary and that young people can benefit from the changes as soon as possible. Higher and degree apprenticeships are widening access to the professions and developing the higher level technical skills needed to improve productivity—as was mentioned earlier—and support British industry to compete internationally. This point has been much trumpeted in recent days with the move that we are making with our departure from the EU.

As noble Lords will be aware, and as the noble Baroness, Lady Bakewell, stated, finance is an important consideration at any level. The Government recently expanded advanced learner loans, so that those aged 19 and above can obtain financial support for studying qualifications at levels 3 to 6 at a college or training provider. For those wishing to study at university, we have introduced loans for postgraduate master’s students, with doctoral loans to follow in 2018-19. For the first time ever, we will provide financial support to part-time students, equivalent to the support we give to full-time ones, which we will also introduce in 2018-19. I know that the noble Lord, Lord Shipley, raised this point to ensure that those who want to develop skills full time or part time can do so and I acknowledge his comments. The noble Baroness, Lady Garden, and the noble Lord, Lord Shipley, spoke about the decrease in the adult skills budget. The spending review was a good settlement for skills and the further education sector. A combination of the levy, the protection of the adult education budget, the extension of loans and the introduction of the youth obligation means that, by the end of this Parliament, the cash value of core technical education funding to support participation will be at its highest level.

However, we are, of course, considering whether there is more we can do, and the Government are currently undertaking a review into lifetime learning. Its aim is to ensure that people who wish to study part-time later on in life, or wish to retrain to change career, are able to do so. The noble Baroness, Lady Garden, and the noble Lord, Lord Shipley, spoke briefly about community learning. This makes a powerful contribution to supporting access to learning and progression in its widest sense, particularly for people who are disadvantaged and least likely to participate. It supports groups who can really benefit from lifelong learning—adults who are unemployed, low-skilled or have few qualifications and individuals, families and communities who are socially disadvantaged. The noble Lord, Lord Rees, and the noble Baroness, Lady Smith, raised the question of the ability of a student to transfer. We called for evidence and I will follow up with a letter giving more detail on that issue.

For those who fall below the basic skills, we fully fund all adults to achieve their English and maths GCSE as well as other qualifications which help them achieve that level. We are also funding English for the speakers of other languages to enable integration into society, and to support more inclusive communities and jobseeking. Jobcentre Plus work coaches provide information about programmes that help people prepare for, find and stay in work. The National Careers Service offers people of all ages free and impartial advice regarding career and training options, including advice on the local job market. Citizens Advice offers advice about learning at all ages, as does our very own GOV.UK website.

Once again, I thank noble Lords for their contributions to and expertise in this debate. It is a shame that it was laid at such short notice, because otherwise I am sure that other Peers would have wanted to get in. In the very short response that I am able to give, I confirm that the Government are committed to providing learners with comprehensive support for their learning in an era of unprecedented job-market change and higher skill needs. As we seek to improve our country’s record on social mobility, lifelong learning will have a vital part to play.

Brexit: Belfast Agreement

Viscount Younger of Leckie Excerpts

Thursday 8th September 2016 Lords Chamber

[Lord Dholakia (LD)]

My Lords, on behalf of the noble Lord, Lord Rana, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

[Viscount Younger of Leckie (Con)]

My Lords, the future of the Belfast agreement is not, and never has been, in question. The UK’s exit from the EU does not change the commitment of the UK Government and the people of Northern Ireland to the Belfast agreement, its successors and the institutions that they establish. The Government will make a success of the UK’s exit from the EU and continue to build a brighter, more secure future for Northern Ireland.

[Lord Dholakia]

My Lords, the Minister is aware that Northern Ireland has a border with another EU country. Under the Belfast agreement, most people living in Northern Ireland are entitled to dual citizenship. Many people already carry Irish passports and, since the referendum, many more—including unionists—have applied for Irish passports to protect their status as EU citizens. Can the Minister explain how the Government will work to secure the retention of EU citizens’ rights, including the free movement of goods and people across the Irish border? Does he agree with me that this is a unique situation affecting 1.8 million people and can he explain how Brexit affects them?

[Viscount Younger of Leckie]

The noble Lord quite rightly points out the important rights afforded to the people of Northern Ireland under the Belfast agreement. Let me reaffirm that there is nothing in the outcome of the referendum that undermines the Government’s rock-solid commitment to that agreement and its successors. The Government recognise the very real benefits of the common travel area; the open border for people and businesses has served us well. The Secretary of State for Northern Ireland has been very clear that it is an absolute priority for him that we,

“do not … see a return to the borders of the past”.—[Official Report, Commons, 20/7/16; col. 815.]

[Lord Reid of Cardowan (Lab)]

Will the Minister confirm that the Belfast agreement is not just an internal agreement between the parties in Northern Ireland but an international treaty between two sovereign states of the United Kingdom and the Republic of Ireland? As such, can he tell us whether it is lodged with the European Union and, if so, what implications would the withdrawal of one of the parties from the European Union have on the status of that international treaty?

[Viscount Younger of Leckie]

It is true what the noble Lord says: it is an interrelated agreement—it is power sharing for Northern Ireland and it is quite a complicated agreement, but there is no reason to suggest that the outcome of the referendum means that the agreement needs to be revisited. Perhaps I can reassure the noble Lord on that. The UK Government, Irish Government and Northern Ireland political parties are fully committed to upholding the agreement and its successors.

[Lord Howell of Guildford (Con)]

My Lords, is my noble friend aware that the Republic of Ireland has shown some interest recently in associate membership of the Commonwealth? Do Her Majesty’s Government consider that this could be useful in resolving some of the border problems which are being discussed? If so, will the Government consider pressing the Commonwealth authorities to develop the relationship with the Republic of Ireland which is already blossoming quite strongly?

[Viscount Younger of Leckie]

This is a helpful comment from my noble friend. I know that the new Secretary of State for Northern Ireland has hit the ground running, if I may put it that way. He has been meeting a variety of parties to ensure that he gets into his new role. I will pass that message on.

[Lord Rogan (UUP)]

My Lords, several Ministers have repeatedly stated that our land frontier with the European Union will not be a hard border. What discussions have the Government had with the Government of the Republic of Ireland to determine the exact nature of this, our only land border?

[Viscount Younger of Leckie]

It is clearly a priority and I can reassure the noble Lord that discussions are already taking place. There is—and always has been—a strong will to preserve the common travel area and to ensure that we do not have a hard border. This is what the Government are working towards.

[Lord Hain (Lab)]

My Lords, is not the problem that this is the first time in history that Northern Ireland and the Republic will be on opposite sides of a European border? They joined together in 1973; although the common travel area has been in existence since the early 1920s, there were tough security controls and border checks during the Troubles. Is it not unthinkable that, in an era of mass refugee migration and jihadi terrorism, the only land border between the UK and the EU would be completely open?

--- Later in debate ---

[Viscount Younger of Leckie]

The point is well made by the noble Lord, who has much experience in this particular area. I want to reassure him that this is very much at the top of the agenda. On the one hand, we want to have a soft, not a hard border. At the same time, all parties are well aware of the security issues and of people passing to and fro.

[Lord Shutt of Greetland (LD)]

My Lords, the Belfast agreement gives encouragement to the use of European Union resources in Northern Ireland—and across the island of Ireland as a whole. Presently, £3.5 billion is scheduled to be spent between 2014 and 2020 for peace, INTERREG, rural development and agricultural support. What comfort can the Minister give that these resources, planned to be available for the entire period of the 2014-2020 programmes, can be honoured?

[Viscount Younger of Leckie]

The first thing to say to reassure the noble Lord is that the UK will continue to have all the rights, obligations and benefits that membership brings—including receiving European funding—up to the point at which we leave the EU. We recognise that many organisations across the UK which are in receipt of EU funding, or expect to start receiving it, want reassurance about this. The Chancellor of the Exchequer has confirmed that structural investment funds projects, signed before the Autumn Statement, and the Horizon research funding that has been granted, will be guaranteed.

[Lord Kilclooney (CB)]

My Lords, as someone involved in the negotiations of the Belfast agreement, can I ask the Minister whether the Council of Europe Convention for the Protection of Human Rights is a requirement in the Belfast agreement? Secondly, since there are now more people from Poland than from the Republic of Ireland living in Northern Ireland, will both those with Irish passports and those with Polish passports be guaranteed their future in Northern Ireland after Brexit?

[Viscount Younger of Leckie]

I can only repeat what I said in my first Answer which is that the Belfast agreement remains intact and we do not envisage any changes.

Brexit: UK Universities

Viscount Younger of Leckie Excerpts

Wednesday 20th July 2016 Lords Chamber

[Baroness Eccles of Moulton]

To ask Her Majesty’s Government how they will ensure that the interests of United Kingdom universities and their students and staff from European Union member states are protected in the current period of uncertainty following the European Union referendum.

[Viscount Younger of Leckie (Con)]

My Lords, there will be no immediate change to the rights of UK universities and their students and staff from EU countries. EU students who are currently eligible to receive funding from the Student Loans Company will continue to do so for courses that they are currently enrolled on or about to start this autumn. UK researchers can still apply for Horizon 2020 projects. There is no change to those currently participating in or about to start Erasmus+ exchanges and Marie Curie fellowships.

[Baroness Eccles of Moulton (Con)]

My Lords, I thank the noble Viscount for his reply. He will appreciate that uncertainty is immensely unhelpful and unsettling. What have the Government actually done so far to reassure those in the university and academic research sectors, who have benefited from our current relationship with Europe?

[Viscount Younger of Leckie]

I certainly recognise that a degree of anxiety is arising from the universities and research community, which is understandable. Perhaps I can give some reassurance that since the referendum result was received, the Minister for Universities and Science, Jo Johnson, issued an initial statement as early as 29 June and has talked to many academic institutions and stakeholders about their concerns. Both the Government and the Student Loans Company took immediate steps to publish information for students and the wider higher education sector on their websites, which included information on EU nationals and student finance in England, and a focus on EU student and staff status.

[Lord Anderson of Swansea (Lab)]

My Lords, at a meeting in the House yesterday, we heard from an academic from Southampton University—one of the Russell group—that a number of senior colleagues who are EU nationals had received emails inviting them to return home to their countries. Unless the uncertainty is cleared up soon, is there not a danger that we shall lose a degree of quality in our universities?

[Viscount Younger of Leckie]

That is certainly one of the concerns that has arisen, and it is why the Minister has acted quickly to attempt to reassure the sector. It is essential that we move quickly to reassure all those who are based here, because it is incredibly important for the UK economy that we have skilled staff and that we have students studying here, because they provide a lot of revenue for the UK.

[Baroness Garden of Frognal (LD)]

My Lords, the EU makes substantial financial contributions to research in UK universities, amounting to around £1 billion a year. What provision are the Government making to ensure the quality of research in our universities, should that funding be withdrawn?

[Viscount Younger of Leckie]

This is certainly one issue that will be at the top of the agenda when the discussions start on the future of our relationship with the EU. I am unable to go further on that point at the moment but I reassure the noble Baroness that this is a very important matter.

[Lord Trees (CB)]

My Lords, in my field of veterinary science, nearly 25% of the academic staff in veterinary schools in the UK are EU nationals, and I do not think that that figure is untypical of many university departments throughout the UK in many different fields. These staff make a crucial contribution to our teaching and research and are essential for the international exchange which maintains our academic excellence. Can the Minister reassure us that, leading up to Brexit and beyond, universities will still be able to enjoy the benefits of the contributions that our overseas colleagues can make?

[Viscount Younger of Leckie]

I can certainly reassure the noble Lord on that point. Indeed, yesterday the Home Secretary, Amber Rudd, said that she did not believe that EU citizens currently living in the UK will have their right to stay withdrawn. I reiterate that it is very important that we keep the best people who are working here, because that is very important for the economy.

[Lord Stevenson of Balmacara (Lab)]

My Lords, I welcome the Minister to the Front Bench again, and I look forward to dealing with him on higher education. Currently, approximately 6% of our entire student body is made up of EU nationals and they account for nearly 12% of all students at master’s level. We are talking about significant numbers and therefore also significant funds. Have the Government made any estimate of the likely reduction in the number of students from the EU coming for courses starting this September? Those courses will of course last for three or four years, when the likely horizon for Brexit is two years.

[Viscount Younger of Leckie]

We have given reassurances about this current year but we cannot give further reassurances beyond those. Again, I reiterate that this matter is at the very top of the agenda. We recognise that, for example, there are 125,000 EU students, who account for 5% of the total number—a figure that has been consistent across the last three years—and it is very important to move quickly to reassure them.

[Baroness Afshar (CB)]

My Lords, is the Minister aware of the impact that these exchanges have on the students? Are students and the younger generation in the UK right in thinking that the current Government are simply not concerned about their future development?

[Viscount Younger of Leckie]

The noble Baroness makes a good point. It is very important that we generate skills among young people in this country to encourage them to stay here and develop. This country needs to develop the skills that are required to see us through future innovation and to keep up the excellent standards that we have in our universities.

[Lord Kinnock (Lab)]

It is not strictly true for the Minister to say—and I am sure that he is not intending to mislead—that there is no immediate difficulty being felt in universities, when there are so many authentic reports of difficulties already being encountered, especially in the area of science where there is strongly developed, co-operative endeavour with other EU member states. Will the Minister accept that those in this House and elsewhere who have claimed that, in getting subsidy for universities and for science, we have been claiming—

[Lord Kinnock]

I am asking a question. Will the Minister accept that those who have claimed that we have been only getting our own money back have been misleading public opinion and this House, when there has been a large return vastly in excess of our contributions to the European Union for science research, running at about £400 million a year? Can he give us any undertaking that this level of crucial support for science in our universities will definitely be maintained? If it is not, it will be an act of national sabotage.

[Viscount Younger of Leckie]

The noble Lord has made an interesting, important and, if I may put it that way, blunt point. I agree with him that the UK gets more than 15% of EU science funding—we are the second largest beneficiary—having put 12% into the total EU budget. I can say only that it is at the top of the agenda to maintain it.

Children and Families Bill

Viscount Younger of Leckie Excerpts

Wednesday 29th January 2014 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, I hope it has been very clear that this side of the House strongly supports the main thrust of the measures in this part of the Bill in relation to parental leave, and we do not want to do anything to withhold any form of approval for what is happening. We have tried to express our support for that. The amendments tabled today are a reflection of two things. First, that the broad thrust of the way in which the Government have taken forward this agenda is exactly as we would like to see it. Indeed, I might almost say that they have done a little bit more than we would have considered had we been in power and had to take forward this responsibility. Secondly, in so doing they have thrown into sharp relief a number of areas in which measures could be taken which would level up kinship carers to the position that is now being adopted for parental leave.

I sympathise with the Minister responding to the debate, but we should reflect on the fact that, during the passage of the Bill, we have moved from the original position we found ourselves in when we opened up discussions on this part, which was that nothing could be done in this area, to a situation where a number of reviews and considerations of particular issues are now taking place. The purpose of these amendments is to invite the Minister to reflect upon and read into the record the decisions that he has been able to reach in relation to kinship and friendship care, some of which were mentioned by my noble friend Lady Drake, and to ask him whether he will use this opportunity to reflect a little more on the gaps that remain.

I do not think it would require a lot to do the sort of work required, but the important point, as has just been said, is to get some sense of the timescale, so that those who might not be given first priority this time round have something to look forward to so that they can work towards a better achievement of the objectives that they want, particularly in the areas that we have just been talking about.

[The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con)]

My Lords, I intend to keep my remarks as brief as possible while aiming to respond effectively to the substance of the amendments.

Noble Lords will remember our discussions on this very important area of support for family and friends carers during Grand Committee. I welcome this debate and reaffirm our commitment to supporting kinship and friendship care. I appreciate the broad support for these measures from the noble Lord, Lord Stevenson, and Members opposite. I commend the noble Baronesses, Lady Massey and Lady Drake, on their tireless work in this area.

Where family and friends carer policies are applied effectively, the aims expressed in Amendments 58 and 59 will already be met. For this reason, the Government have in place a programme of work to improve the practice of professionals in this area. It is our belief that the key issue in this area is improving quality of practice on the ground rather than changing the legislation which already exists for this group of carers.

First, on Amendment 58, it is already a requirement of the Children Act 1989 that local authorities should support the upbringing of children by their families wherever possible if the child cannot return to live with the birth parents and if it is the most appropriate way to safeguard and promote their welfare. This legislative position is re-enforced by Volume 1 of the Children Act 1989 statutory guidance, which outlines that the local authority should have,

“considered family members and friends as potential carers at each stage of its decision making”.

That guidance is currently being revised to reflect the legislative changes in this Bill and to align it with the new Public Law Outline. The revised version will include strengthened content on good pre-proceedings practice and will re-emphasise the importance of early work with families. It will also provide information on the key elements of good pre-proceedings practice and the use of family group conferences.

I know that officials in the Department for Education have been in regular contact with interested parties, including the Family Rights Group, during the drafting of this guidance and have listened carefully to their concerns. A working group made up of expert practitioners, including directors of children’s services and social workers, has also been formed to act as a critical friend to the department and comment on early drafts. The guidance will be published for public consultation in mid-February and we would welcome any further views from noble Lords as part of that process.

The Government remain committed to the use of interventions at the pre-proceedings stage, which is why we are now funding the rollout of an accreditation scheme of family group conferences and the further use of this service at the pre-proceedings stage. Practice in this area will be monitored and inspected by Ofsted under the new single inspection framework for children’s services, which is designed to assess local authority practice and decision-making at all stages of a child’s journey.

On Amendment 59, we have discussed at length the valuable contribution of family and friends carers and it was with that in mind that in March 2011 we issued statutory guidance for local authorities on families and friends who are carers. That guidance makes it clear that wider family members should receive appropriate support to bring up a child in their care, regardless of whether those children are looked after by a local authority or not:

“The range and level of family support services which may be provided under section 17 is wide … As well as practical support, family and friends carers may need advice, guidance or counselling about how to manage issues such as those arising from contact or from caring for children with emotional or behavioural difficulties due to their earlier experiences. Such services may be provided by local authorities to support both formal and informal family and friends care arrangements”.

Therefore, non-looked-after children can already be included in such care arrangements under Section 17 of the 1989 Act. The 1989 Act does not impose a limit on the amount of support which may be provided under that section.

As I mentioned earlier, we are aware that the quality and quantity of local authority policies is not always at the level it should be. That is why we currently have a programme of work to reduce the variation in practice within and across local authorities. The Department for Education will continue to look at the barriers to implementing the policies and will be looking to take forward work that clarifies the role of the local authority and the importance of good support systems for this group of carers.

We understand that many family and friends carers could do with extra help with the parenting of these children, particularly when dealing with children with behavioural problems. That is why the Department for Education continues to fund initiatives like the Keep programme, which is a group programme which provides family and friends carers and mainstream foster carers with specialist training and support.

While we agree that support and services are sometimes not of the quality that they should be for family and friends carers, we feel that improvements need to be made not by changing current legislation but, as I said earlier, by improving practice on the ground. We will improve the lives of these dedicated and inspirational carers by empowering them to have the information they need to ask for services when they need them and by ensuring that each local authority is aware of their responsibility and has the tools to deliver it. That is exactly what our current programme of work aims to accomplish.

Finally, on Amendment 63, I fully understand the sentiment behind what is proposed, but it is essential that we take the time fully to understand how becoming a kinship or friendship carer affects an individual’s labour market attachment before proposing policy interventions. For this reason, I announced in Grand Committee that the Department for Business, Innovation and Skills will lead a research project into those issues. Officials met recently with the noble Baronesses, Lady Massey and Lady Drake, and representatives from a number of interested organisations such as Grandparents Plus and the Family Rights Group to discuss these issues, and I know that the officials found that very useful.

We will hold a further research scoping event for relevant stakeholders in the coming weeks to gain a fuller understanding of the issues and research challenges and to harness the extensive knowledge and expertise of these organisations. I hope that we will continue to build on these productive discussions and that noble Lords will encourage interested parties to attend the scoping event. It is essential that we properly understand the labour market issues faced by these individuals before deciding whether further policy interventions aimed at strengthening labour market attachment may be the most effective intervention. The research that I have outlined will help government to gain a better understanding of the evidence base, which is the important first step that is needed.

I know that the noble Baroness, Lady Drake, raised at least three questions, and I will write to her to answer them. However, on the point about timing, this is a very urgent matter, but it will depend on the scoping nature of that research. I will write to her on that point, but I want to clarify that we on this side regard this as an urgent matter and will endeavour to move as fast as we possibly can.

In the mean time, I hope that I have given noble Lords sufficient reassurance that the Government are committed to supporting family and friends carers. I therefore urge the noble Baroness to withdraw her amendment.

[Baroness Massey of Darwen]

My Lords, I thank the Minister for his complete response. I appreciate that all the questions cannot be answered this evening. My noble friend and I look forward to further correspondence and to receiving further information about the review.

--- Later in debate ---

Moved by

[Viscount Younger of Leckie]

62A: Clause 99, page 92, line 22, at end insert—
“(3CA) Regulations may provide for a reduction in the duration of the maternity allowance period as it applies to a woman to be revoked, or to be treated as revoked, subject to prescribed restrictions and conditions.”

[Viscount Younger of Leckie]

I shall speak also to government Amendments 62B, 62C, 62D and 63A. I shall encapsulate my overview of the amendments in some very brief remarks. There is more that I could say and I am happy to write with more details should noble Lords feel it necessary.

The amendments will ensure that those who are entitled to statutory maternity pay, maternity allowance or statutory adoption pay are not left without these statutory payments in the event that they have opted into the shared parental system, are eligible to withdraw from that system and subsequently decide to do so. These are minor and technical amendments to enable the policy to operate in the way in which it was intended. I hope that noble Lords will agree that the amendments are necessary and desirable. I beg to move.

Amendment 62A agreed.

Moved by

[Viscount Younger of Leckie]

62B: Clause 99, page 92, line 23, leave out “(3C)” and insert “(3CA)”

--- Later in debate ---

[Viscount Younger of Leckie]

My Lords, I am glad of the opportunity to return to this important issue on Report. The noble Lord, Lord Knight of Weymouth, has spoken passionately about this matter at Second Reading, in Grand Committee and again this evening. I have been deeply moved and saddened by the distressing accounts that I have heard of employees not receiving the support from their employers that they needed at such a difficult time. We have heard more tragic examples this evening from the noble Baroness, Lady Howarth, and the noble Lord, Lord Knight.

Losing a loved one is always a difficult experience. Losing a child must cause a grief that is beyond words. It is of course right that employees are able and feel comfortable to take time off to grieve in those awful circumstances. Grief is extremely personal, and everybody copes with the challenges that it brings in different ways. Individual employers are best placed to respond to the varied needs of grieving employees in a sensitive and appropriate way. Fortunately, as has been pointed out this evening, many employers are understanding and compassionate, enabling individuals to take all the time off that they need when they need it. However, as I acknowledged during Grand Committee, this is sadly not always the case.

At present, there is very little advice and support available to employers to help them to develop company policies or approaches to time off for bereaved employees. This lack of advice can mean that employers, particularly small employers who have no experience of bereavement in the workplace, are confronted with a situation that they do not know how to deal with. As a result, they may inadvertently fail to give their employees the compassion and support that they need at what is, we can all agree, a particularly vulnerable time.

The Government are committed to ensuring that employers have access to the right advice and information to facilitate good employment relationships with all their employees. When this issue was debated during Grand Committee, I gave a commitment that the Government would bring forward comprehensive guidance to support employers in meeting the needs of bereaved employees in the workplace. I am pleased to be able to announce today that ACAS has agreed to draw on its wealth of experience in workplace relations to develop guidance that will support employers in delivering their approach to bereavement. It is, of course, essential that we harness the knowledge and experience of expert organisations to get this guidance right so that it can support employers and employees in the most effective way. For this reason, ACAS will work in close partnership with Cruse, the leading national charity for bereaved people in England, Wales and Northern Ireland, and other expert organisations during the development and refinement of the guidance. The first round-table meeting with these organisations is scheduled for as soon as 5 February.

ACAS intends to road-test the draft guidance in a series of seminars with employers around the regions to ensure that the guidance is relevant and adds value. We expect the guidance to be published this summer and I encourage noble Lords who are in touch with organisations that have experience of these issues, and who would like to be involved in reviewing the draft guidance, to get in touch with my officials. Indeed, the noble Lord, Lord Knight, and I had conversations about this last week. This guidance will be comprehensive, covering the existing statutory entitlement to time off for dependants as well as providing advice and support about what is best practice in this area. It is essential that employers, as well as employees, are aware of the statutory provisions that are available. This will be made clear in the guidance.

As I mentioned, I recently met the noble Lord, Lord Knight, to discuss the Government’s approach to this issue and to understand better whether there is additional support that we could offer. I felt that we had a very productive discussion, during which he brought to my attention the fact that many of the parents who had reported being treated unsympathetically by their employers were, in fact, employed in the public sector. Since then, my department has made contact with employer groups in this sector, including NHS Employers and those in Civil Service employee policy, as the noble Lord, Lord Knight, will be pleased to hear. We plan to work with them to develop and find ways of promoting the best practice guidance that ACAS will produce. We also intend to work with business stakeholders such as the CBI and the CIPD to ensure that this guidance reaches businesses and to encourage them to review their company policies accordingly.

Bereavement is a particularly sensitive issue and to be comprehensive, this guidance will need to cover a broad range of issues and situations. I am confident that the guidance produced by ACAS will be of excellent quality. I hope that this is some reassurance to the noble Lord, Lord Knight, and the noble Baroness, Lady Howarth. It is, however, essential that we keep the effectiveness of guidance and how it is being applied in the workplace under review. This is what the Government fully intend to do. I understand the sentiment behind this amendment, and I believe that it is important that all individuals are able to take time off to grieve when they suffer the loss of a loved one. However, I think that a flexible and sensitive approach, tailored to the needs of individual employees, is what is needed at such a difficult time. It is not feasible to legislate to accommodate the vastly different needs of individuals, which are often the result of different personal circumstances, family relationships and religious observations. For this reason I believe that guidance, combined with working with our key partners to encourage employers to adopt best practice in their workplaces, is the best approach.

The noble Lord, Lord Knight, raised a number of questions and I will endeavour to write to him with answers, including the question that he raised on the linkage with the DWP. In the mean time, I hope that noble Lords are reassured by these commitments and will agree to withdraw their amendment.

[Baroness Howarth of Breckland]

My Lords, I believe we are deeply reassured and very grateful to the Minister. I am only sorry that I was not able to take part in the earlier discussions. As he knows, there were clashes with other discussions about other parts of the children Bill at which I had to be present. I have been in close touch with the noble Lord, Lord Knight. We are very reassured, indeed grateful, that this matter has moved at such speed. I am just grateful that I will be able to take back the news to the families I work with that something will happen and that we will not hear such tragic stories about families receiving no compassion at some of the most difficult times of their lives. I beg to withdraw the amendment.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, very briefly, I thought that both my noble friends made very coherent arguments in favour of this and raised some very important issues. We heard yesterday from the noble Lord, Lord Nash, that he was going to do some more work on parent carers, so obviously some of these issues around carers are already going to come back at Third Reading. There will be ongoing discussions around those issues and I therefore urge the Minister, perhaps in the context of those discussions, to widen it out a little more and consider the issues that have been raised in this amendment at the same time, so that we can bring all these issues back at Third Reading and have a full debate at that stage. I hope that he will consider that seriously.

[Viscount Younger of Leckie]

My Lords, I appreciated the interesting and moving speeches by the noble Baronesses, Lady Lister and Lady Pitkeathley, and the brief intervention by my noble friend Lady Tyler focusing on the challenges that parents of disabled children and carers of disabled adults face in balancing their care responsibilities with their working lives.

Being a carer can have a significant impact on an individual’s life. The Government recognise that caring for an individual with a disability can be both physically and emotionally draining. Flexible and supportive working arrangements can make a significant difference to a carer’s life by ensuring that work does not add to the carer’s stress levels. This is why it is important that carers are able to adjust the way they work to allow them to stay in work, because work can be important for a carer’s well-being and income and for maintaining social contacts. As a nation, we cannot afford to lose the talent and skills of carers from the workplace. The Government recognise that caring for disabled people can be a sudden change for an individual. It may be challenging and take a great deal of commitment from an individual to deliver the care and support that is needed.

I reassure noble Lords that my department regularly collects and reviews data on carers to ensure that we are providing the right framework to allow them to participate and thrive in the labour market. The Department for Business, Innovation and Skills conducts the workplace employment relations survey and the work-life balance series of surveys which look at the effectiveness of labour market participation policies, such as the right to request flexible working, in supporting carers. The Office for National Statistics also uses the census to analyse carers’ labour market experiences.

These surveys and the evidence they provide informed the recent report on carers from the cross-government task and finish group on carers. This report highlighted the importance of flexible working and recommended that government should continue to promote the benefits of flexible working to employers. All the recommendations of this report have been accepted and are currently being implemented. An additional duty on government to conduct this research and review the provisions for carers is unnecessary because this work is already under way and government regularly collects and reviews this information.

The Government’s approach is to create a fair, flexible and efficient labour market which supports and encourages participation from all. The strategy for carers is to ensure that we create the right framework to allow them to balance their work and caring responsibilities. Clause 113 requires the Government to review the effectiveness of the right to request flexible working against the policy objectives. Supporting carers to remain in work is a key objective of the policy, and I can confirm that this review will include assessing the effectiveness of the right to request flexible working in supporting carers to participate in the labour market.

I understand the noble Baronesses’ intentions behind this amendment, and I hope I have reassured them that the Government are acting to support carers of disabled children and adults to remain in work and are continually reviewing this support to ensure that it meets the needs of carers.

Just before I ask the noble Baroness to withdraw her amendment, I wish to change the tone slightly by stating that we have almost reached the end of Report, and on behalf of my noble friend Lord Nash, I will take this opportunity to thank everyone who has spoken today and during earlier sessions on Report. We have had many thoughtful, well informed and constructive debates on a very broad range of issues, and I have welcomed the thorough approach that noble Lords have taken to scrutinising each part of this wide-ranging Bill. I hope that we can address the very few outstanding issues. I also thank the Bill team and all the officials who have supported me, my noble friend Lord Nash and colleagues across different departments for their work.

In the mean time, I ask the noble Baroness, Lady Lister of Burtersett, to withdraw her amendment.

[Baroness Lister of Burtersett]

My Lords, I am very grateful to my noble friend and to the noble Baroness, Lady Tyler, for speaking in support of this amendment at this extremely late hour. I am grateful to the Minister. I thought he made a rather compelling case for my amendment when he spoke about the importance of supporting carers. He talked about enabling them to participate and thrive, but the trouble is that the present situation does not enable them to participate and thrive. I was ultimately very disappointed by the Minister’s response because it is not about simply collecting statistics, but about having a formal, structured review of the case that other countries have now accepted. Therefore I will, of course, withdraw the amendment, but I suspect that it will not be the last amendment which tries to make this case; we will table such an amendment to any legislation that offers the opportunity to do so. I beg leave to withdraw the amendment.