LGBT History Month

Caroline Dinenage Excerpts

Tuesday 28th February 2017 Westminster Hall

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

It is an enormous pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Dumfries and Galloway (Richard Arkless) on securing this really important debate and on opening it with his charismatic warmth, wit and eloquence. It is such an important debate. LGBT History Month is so important. As he said, the question is why we have to hold back a month every year to talk about this when we should talk about it every day. It is important that we do. Other Members here today have articulated beautifully how far we have come, but also how far we still have to go.

LGBT History Month gives us an opportunity to reflect on and celebrate the numerous achievements in furthering LGBT equality and the numerous individuals and groups who have brought them about. It is also an opportunity for us to take a moment to remember that there is still much more that we can do.

LGBT equality remains a subject of great importance for the Government. I am incredibly proud to serve as the Minister responsible for LGBT policy. It is a role I take very seriously. We are committed to exploring all avenues in eradicating barriers that prevent anybody from achieving their full potential and living full, happy and healthy lives. I will talk a little more about that in a moment, but first I want to touch on the journey that this country has taken on the route towards LGBT equality.

Historically, progress on equality has often involved small steps driven forward by the tireless efforts of devoted individuals in the face of what might often seem insurmountable obstacles and setbacks. However, looking back at the steps we have taken in the UK, it is clear that our country has a strong record of furthering equal rights for all, including those who identify as lesbian, gay, bi and trans, or who have another minority sexual orientation or gender identity. It is a record we should be proud of. It has made the UK a beacon of hope for many people around the world, particularly, as the shadow Minister, the hon. Member for Rotherham (Sarah Champion), pointed out, in those places in the world where, tragically, people can be put to death because of their sexuality. For them we are a beacon of hope as they move forward on their journey.

This year marks the 50th anniversary of the partial decriminalisation of male homosexuality in England and Wales. As we know, it was never illegal to be a lesbian; apparently, they did not exist. The 1957 Wolfenden report on prostitution and homosexual offences laid the foundations for all LGBT equality legislation. Its recommendations first led to the passing of the Sexual Offences Act 1967, when homosexual acts between two men were legalised in England and Wales. For Scotland, it would be another 13 years, and one more for Northern Ireland.

Some of the most progressive changes have occurred only in the past two decades, as hon. Members have articulated. The age of consent was equalised in 2000, and in 2002 same-sex couples were afforded the right to adopt. Two years later the Government introduced the Civil Partnership Act 2004, which granted same-sex couples legal recognition of their relationships for the first time, as well as the Gender Recognition Act 2004, which, as the hon. Member for Lanark and Hamilton East (Angela Crawley) pointed out, was a strong first step forward that enabled people to change their gender legally. These are but a few of the historical achievements on our journey in progressing equality for LGBT people over the past 60 years.

The journey has none the less enabled the UK to become a global leader in this area. It has created a space in which we can be proud to say, for example, that we have the highest number of openly LGB parliamentarians in the world. In 2015, 36 MPs from across the political spectrum described themselves as gay, lesbian or bisexual. That journey paved the way for equal marriage, which became a reality with the first same-sex marriages in March 2014. Today, more and more same-sex couples are choosing to marry, finally able to celebrate their relationships in the way other couples have done for centuries.

Without the commitment and achievements of the very people whom we celebrate during LGBT History Month, the UK would not be the world leader in LGBT equality that it is today. We have set the bar unashamedly high and have become an exemplar of best practice for other countries. We continue to be recognised as one of the most progressive countries in Europe for LGBT rights by the International Lesbian, Gay, Bisexual, Trans and Intersex Association. As the hon. Member for Dumfries and Galloway pointed out, in 2016 the UK came third behind Malta and Belgium. The ILGA has not provided a breakdown for each of the home nations. The scoring for Scotland, based on ILGA criteria, was determined by a Scottish LGBT charity, which ranked Scotland as top of the list. That underlines how we must continue to learn from each other and share best practice. Our placing is a testament to the myriad achievements made in recent decades.

With the Equality Act 2010, the Gender Recognition Act 2004, and hate crime legislation, to name a few, we are immensely proud to have one of the world’s strongest legislative frameworks to prevent and tackle discrimination, including on the grounds of sexual orientation and gender reassignment. Additionally, more and more LGBT people are becoming adoptive parents and giving children the much needed stable family environment that so many of them crave and deserve.

The Government are none the less determined to continue to build on those successes in securing and furthering the rights of LGBT people. We are rightly committed to championing equality and are therefore working across the whole of government to improve the experiences of LGBT people throughout their lives. Our focus between now and 2020 will be on a number of areas, including ensuring that LGBT people do not face barriers in health, safety and education, and that they receive high quality services.

[Stewart Malcolm McDonald]

The Minister mentions health barriers. I am keen to hear what her thinking is about provision of pre-exposure prophylaxis, which I am sure she is aware of. It strikes me and many in the LGBT community that if it were a drug for heterosexual people—of course it is also for heterosexual people; but if the issue of HIV were as big an issue in the heterosexual community as it is in the gay community—we would not even be having the debate and PrEP would be available already. Can she update us on the Government’s exact position? I think there is a pilot, and it would be helpful if she could update us.

[Caroline Dinenage]

The hon. Gentleman is right to raise that important issue. PrEP is potentially a life-saving development. We are aware that it could make a difference to the health outcomes of people living with HIV and AIDS. The Court of Appeal recently ruled that NHS England has the legal power to commission PrEP. That means that it has to consider providing it on the NHS. It has committed to consulting on enabling it to be assessed as part of the annual prioritisation round for specialised commissioning. That consultation is expected to start shortly.

I have outlined how we want to focus on issues such as health, safety and education for LGTB people, but other hon. Members have also spoken about the importance of showcasing our work internationally, to ensure that we bring other countries with us in our efforts for equality. We are a founder member of the Equal Rights Coalition, which has an important role.

A couple of Members mentioned the disturbing reports about an Afghan asylum seeker. We remain committed to improving the asylum process for those claiming asylum on the basis of their sexual orientation and gender identity. Decision makers and caseworkers are provided with dedicated guidance and training on the management of such claims, but they consider every case individually. The asylum claims made in the UK, including those made on the ground of sexuality, are carefully considered in accordance with our international obligations under the 1951 refugee convention and the European convention on human rights. However, no one who is found to be at risk of persecution or serious harm in their country of origin, because of their sexuality or gender identity, will be returned.

We recognise that our progress in achieving acceptance and recognition of trans people has not kept pace with that in respect of the LGB population, and that transgender people, as many hon. Members have mentioned, continue to suffer from high levels of inequality. We want Britain to be a place that works for transgender citizens. We recognise that there is a long way to go on trans equality. Last week I met with trans ambassadors from the youth charity Fixers to hear what they think can be done in healthcare and education to improve services that they receive. I was very touched when the hon. Member for Dumfries and Galloway said that no one would choose to be trans. It is not a fashion statement. It takes enormous strength of character and awe-inspiring courage to make that change in one’s life. In some cases it is a very long and particularly tricky journey. A young trans person in England today is nearly twice as likely to have attempted suicide, and nearly three times as likely to have self-harmed, as their non-trans peers. Moreover, the number of police-recorded transgender hate crimes in England and Wales rose by more than 41% in the past two years. Those are unacceptable figures.

From mental health to hate crime, and from bullying in schools to discrimination in the workplace, there is more to do. That is why, in 2015, the Government published guidance for employers and service providers that gave a clear explanation of the Equality Act 2010 and how it should be interpreted when supporting and recruiting transgender people. We have also increased sentences for transgender hate crimes, bringing them into line with those for other hate crimes. In addition, we recently issued instructions to offender management services to improve the treatment and management of transgender offenders. The new guidelines state that all transgender prisoners must be allowed to express the gender with which they identify.

Last year, we received the thoughtful, thorough and wide-ranging report on trans equality from the Select Committee on Women and Equalities. We are taking a number of the recommendations forward. We have committed to a range of actions, including reviewing the Gender Recognition Act 2004 with a view to demedicalising and streamlining the process of changing legal gender. As the hon. Member for Lanark and Hamilton East pointed out, that Act was ahead of its time, but the world has moved on quickly and we need to review it. We have committed to conducting a review to find ways to reduce unnecessary demands for gender markers in official documents. We are writing to all relevant heads of public sector bodies and professions to highlight the need for introducing and monitoring the effectiveness of training on transgender issues. We are also committed to improving training for NHS staff, as well as the service specification for gender identity and children and young people’s services.

We are already making progress in relation to that commitment. NHS England has committed an additional £2.2 million to young people’s gender identity services to respond to an increased demand. It is working closely with the Tavistock and Portman NHS Foundation Trust, the only gender identity clinic specialising in young people, and with other organisations to develop a workforce and training plan for transgender identity services. The commitments given in our response to the Select Committee will mark a step forward in equality for trans people. We are committed to delivering positive change and will continue to work with transgender citizens to review and improve our policies as we move forward.

As other hon. Members have articulated, we are unfortunately all too aware that individuals perceived to be LGB or trans are disproportionately affected by bullying. In 2014, 86% of secondary school teachers and 45% of primary school teachers reported that pupils experienced homophobic bullying or name calling in their schools. That is totally unacceptable, which is why the Government have made £3 million available to tackle homophobic, biphobic and transphobic bullying in schools. We are funding six initiatives that have so far reached more than 1,200 primary and secondary schools in England, or will do in the next three years, building on the previous £2 million grant that the programme announced in October 2014.

The shadow Minister was right to point out that having the right sex and relationship education and PSHE is also really important to equipping young people with the tools they need to face the challenges of the modern world. As she knows, my colleague the Secretary of State for Education has committed to bringing forward her suggestions very shortly as part of the Children and Social Work Bill.

On youth services, improving mental health starts with ensuring that children and young people get the help and support that they need and deserve. That is why we are doing an enormous piece of work with the Department of Health to find suitable partners to deliver projects to extend training pilots for single points of contact in education and child and adolescent mental health services to up to 1,200 more schools and colleges. Through that work, we will also pilot a range of peer support programmes and approaches for schools, colleges, community groups and online, and launch a programme of randomised controlled trials of preventive programmes across three different approaches to mental health promotion and preservation.

In their 2015 manifestos, the Conservative and other parties committed to building on the posthumous pardon of the Enigma code breaker Alan Turing. I am delighted to say that only last month, we secured a tremendous achievement and another move forward for LGBT equality when our Policing and Crime Bill received Royal Assent. The so-called Turing’s law has become a reality. That allows posthumous pardons to be issued to people convicted of consensual same-sex activity and enables statutory pardons for the living. It is right that individuals should not have a criminal record because they had a sexual relationship with someone of the same sex.

The hon. Member for Glasgow South (Stewart Malcolm McDonald) mentioned the fear that some people—particularly some members of the LGBT community—have about Brexit. In these uncertain times, it is really important to stress that the Government are firmly committed to maintaining protection of LGBT people during and after the process of leaving the European Union. The hard-earned progress that we have made in so many areas must not be eroded. We are proud that the UK has some of the strongest equality legislation in the world and want to continue to address discrimination in all its forms.

Relevant EU directives and European Court of Justice judgments have already been incorporated into domestic law through the Equality Act 2010. We have begun to provide a strong framework to ensure that the UK is well positioned to continue to drive forward LGBT equality post-Brexit. On legislative protection, we aim to maintain stability and continuity for the LGBT community. The Government have made a clear commitment that all protections in equality legislation will continue to apply once the UK has left the EU, and there will be no going back on that commitment.

The individuals and achievements we celebrate during LGBT History Month remind us that we have made real progress in advancing the rights of LGBT people, but we should be inspired to maintain the momentum of recent years to bring about positive change, which for many felt almost inconceivable just decades ago. We recognise the importance of these issues and will continue to explore effective means to improve the lives of LGBT people. The Government are acting in education, health, safety, the workplace and other areas to ensure that no one is left behind. The work is complex and it sometimes takes time to see the benefits, but we are committed to ensuring equality for all and eradicating discrimination in all its forms because that is simply the right thing to do.

May I once again congratulate the hon. Member for Dumfries and Galloway on securing the space to consider these issues? I thank all Members who have taken part in this historic and important debate.

HIV Awareness: PSHE Lessons

Caroline Dinenage Excerpts

Friday 24th February 2017 Commons Chamber

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

I thank my hon. Friend the Member for Finchley and Golders Green (Mike Freer) for raising this important issue, and I congratulate him on his ongoing work as chair of the all-party parliamentary group on HIV and AIDS, which I know is making a huge difference. The dedication and tenacity that he and his group show are to be applauded.

HIV/AIDS is a serious public health concern that affects the lives of many, both in the United Kingdom and internationally. Stopping the spread of HIV is still a priority in the UK, as is supporting people living with it so that they can lead full and healthy lives. I believe that if we look at our efforts to tackle the HIV epidemic in this country, we can be very proud of our record so far. The United Nations’ 90:90:90 ambition to eliminate HIV-related mortality and transmission by 2020 calls for 90% of people living with HIV to be diagnosed, 90% of those diagnosed to receive treatment, and 90% of those treated to be virally suppressed. We are responding to that challenge. The UK has already met the second and third components of the 90:90:90 targets, with 96% of those diagnosed receiving antiretroviral treatment and 95% of those treated being virally suppressed.

Of course, there is still much more to do. In 2013, an estimated 13% of individuals with HIV were undiagnosed. Awareness of HIV status is important not only because it enables people to get treatment and allows them to live long and healthy lives, but because it can prevent the infection from being passed to others. That is why the work to improve testing is critical to the public health response to HIV. Local authority services funded through the public health grant do a vital job in that regard, but we need to go further and faster in making testing routine.

I agree with my hon. Friend that it is crucial that we ingrain the safe sex message, particularly in young people. Schools have an important role in preparing young people for the challenges they face in modern life. That includes building their knowledge and raising awareness of HIV and other sexually transmitted infections.

Education can help to improve young people’s ability to make safer, healthier choices as they progress through life, in a sensitive and age-appropriate way. HIV is part of both the science curriculum and sex and relationship education, which is frequently taught as part of personal, social, health and economic education. The national curriculum and the new combined science and biology GCSE stipulate that pupils be taught about HIV within the context of communicable diseases during key stage 4. They are also taught about how HIV is spread.

HIV awareness is also taught as part of sex and relationship education, which is mandatory in all maintained secondary schools. Academies are encouraged to teach sex and relationship education as part of their requirement to teach a broad and balanced curriculum. Primary schools are free to teach the subject if they wish to.

When teaching sex education, all maintained schools and academies have a statutory requirement to have due regard to the Secretary of State’s sex and relationship education guidance. The guidance makes it clear that all sex education should be age appropriate and that schools should ensure that young people develop positive values and a moral framework that will guide their decisions, judgments and behaviour. We want all young people to feel that SRE is relevant to them and sensitive to their needs. The guidance is clear that teaching should help pupils to clarify their knowledge about HIV and AIDS, to understand risky behaviour and to become effective users of services that can prevent and treat STIs and HIV.

Teaching sexual health is a key part of SRE. Effective SRE does not encourage early sexual experimentation, but teaches young people to understand human sexuality and respect for themselves and others. It enables young people to be mature, to build their self-confidence and self-esteem and to understand the reasons for delaying sexual activity. It equips young people to tackle the many different and conflicting pressures they experience today.

To teach young people about HIV effectively, teachers need accurate and up-to-date knowledge. The Government are funding the network of science learning partnerships to provide continuing professional development for science teachers. That includes providing support to teach the new science curriculum and GCSEs. A number of resources to support teaching about HIV are also available on the National STEM Learning Centre’s website.

I agree with my hon. Friend that innovative, engaging ways of delivering sex and relationship education are important in supporting young people. Schools are free to develop peer education models to complement SRE and I would encourage them to do so. As a mother of teenagers, I know how anyone over the age of 25 is regarded as old and anyone over the age of 40 is regarded as practically prehistoric. Therefore, having young role models—I have seen some great examples up and down the country in schools I have visited—is helpful and a powerful tool. The guidance identifies that as good practice, stating:

“Secondary schools should…use young people as peer educators”.

I am grateful to my hon. Friend for highlighting organisations working in that field, including Robbie Lawlor, Positive Voices and the intriguingly and quite excitingly named sex squad. I would be delighted to meet them and hear more about the work that they are doing.

Of course, young people are an important target group. Schools play an important role in ensuring all young people are equipped to develop safe, healthy relationships. We know that young people get information about this from a wide variety of channels and we want to ensure that they are accessing factually accurate information.

That is why I am pleased that Public Health England has developed “Rise Above” specifically for young people. “Rise Above” is a digital platform, with engaging interactive content, which aims to prevent or delay young people between 11 and 16 from engaging in exploratory behaviours, and that includes risky sexual practices. It is also developing a schools programme for launch at the end of March 2017.

Public Health England also funds the “Worth Talking About” free helpline for young people providing information about all aspects of sexual and reproductive health. We also continue to fund the Terrence Higgins Trust to deliver social marketing and digital media messages to groups at increased HIV risk and to promote National HIV Testing Week.

I agree with my hon. Friend that the age-appropriate teaching of safer sex in line with guidance is very important. The guidance makes it clear that

“young people need factual information about safer sex and skills to enable them to negotiate safer sex.”

Schools that deliver this effectively do so in partnership with parents and reflecting the needs of their community, but we can do more both in PSHE and SRE.

According to the HIV Stigma Index UK, the stigma sometimes experienced by those living with HIV can, unfortunately, lead to low self-esteem and a reluctance to access specialist services, thus preventing individuals from receiving the best treatment available. Raising awareness of HIV in schools can help young people overcome prejudice and understand that it can affect anyone.

Overall, I believe that schools make a considerable contribution through the core science curriculum to providing young people with the knowledge they need to have an informed understanding of HIV, AIDS and sexually transmitted infections. But this is about much more than just knowing the facts. As I said earlier, SRE is often taught as part of PSHE, and effective PSHE teaching makes a critical contribution to a broad and balanced curriculum in schools that promotes pupils’ spiritual, moral, cultural, social, mental and physical development.

PSHE is a non-statutory subject, but we know that many schools and teachers already recognise the importance of good PSHE education, and know that healthy, resilient, confident pupils are better placed to achieve academically and be stretched further. We want to help all schools to deliver high quality PSHE and SRE so that all young people are equipped to have healthy and respectful intimate relationships at the appropriate age, and leave school with the knowledge, skills and attributes to prepare them for life and work in modern Britain.

That is why we are committed to exploring all the options to improve the delivery of SRE and PSHE. My boss, the Secretary of State, has committed to update Parliament further on the Government’s plans during the passage of the Children and Social Work Bill, and I would very much value the input of my hon. Friend the Member for Finchley and Golders Green on this very important issue as we move forward.

Question put and agreed to.

Draft Equality Act 2010 (Specific Duties and public authorities) regulations 2017

Caroline Dinenage Excerpts

Wednesday 22nd February 2017 General Committees

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

I beg to move,

That the Committee has considered the draft Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017.

It is a great pleasure to serve under your chairmanship, Mr Nuttall. The regulations, which are being introduced under powers in section 153 of the Equality Act 2010, replace and amend the Equality Act 2010 (Specific Duties) Regulations 2011. They replicate the measures from the previous specific duties regulations—namely, that public bodies must publish information every year to demonstrate their compliance with the equality duty and must set equality objectives every four years.

Tackling the gender pay gap is a priority for this Government, which is why we have used these powers to include new duties for the relevant public authorities, if they have 250 or more employees, to report on their gender pay differences. We have already delivered on our manifesto commitment to introduce mandatory gender pay gap reporting for large employers in the private and voluntary sectors, and the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 were approved by both Houses last month and signed by the Secretary of State on 6 February.

It is only right that public bodies, including Government Departments, are subject to the same reporting requirements. That is why we announced that we would extend the manifesto commitment to the public sector in October 2015. My Department’s gender pay gap is much lower than the average, at only 5.9%, but I want the Government to be a trailblazer and to lead by example.

The regulations apply to specified public authorities in England, to non-devolved organisations and to certain cross-border organisations and authorities. Scottish and Welsh public bodies are subject to separate specific duties regulations. The devolved Administrations in Scotland and Wales have been kept informed of the proposed changes. Both sets of regulations will require the same gender pay gap calculations and use the same methodology for calculating the data.

[Neil Gray (Airdrie and Shotts) (SNP)]

Will the Minister advise us on what measure was taken to fall upon the figure of 250 employees? She mentioned Scotland. We in Scotland are further ahead on that, as are other nations in Europe. Why not fewer than 250?

[Caroline Dinenage]

That is a good question. The reason is that we were fundamentally keen that this manifesto commitment was delivered hand in hand with business and that we were with business every step of the way. We are really serious about this and want businesses to be 100% committed to it. Business felt that this number was manageable. I know that the Scottish Government have imposed a lower threshold in Scotland, but it should be noted that the requirements there are less specific and do not include the full range of calculations that will apply to public bodies in England. We want businesses to see this as being in their interests. They want to be able to identify and promote the skills of every single one of their workforce, and we do not want to make this too burdensome. We want to bring them with us every step of the way, hence the number we have settled on.

All specified public bodies will need to publish their gender pay gap data on a website that is accessible to members of the public. Organisations will also need to upload data to a Government-sponsored website, which will also allow us to establish a database of compliant employers and to monitor compliance closely. We have aligned the reporting timetables and obligations as closely as possible, for employers in different sectors to achieve consistency and comparable sets of data.

I firmly believe that the two sets of regulations will provide unprecedented transparency on gender pay differences in all sectors and create the environment we need to drive change.

--- Later in debate ---

[Caroline Dinenage]

I thank everyone who has contributed to this debate. I start by emphasising that we fully agree that it is unacceptable that the gender pay gap exists in this day and age. The UK’s overall gender pay gap is just over 18%. While that is the lowest on record and has consistently fallen, it is doing so too slowly, and voluntary reporting has not led to sufficient progress.

This challenge faces us all. I am really proud that the Government will lead by example. The regulations, alongside those aimed at private and voluntary sector employees, will drive action that promotes better, greater gender equality in workplaces across the country. The gender pay gap obligations apply to specified public authorities if they have 250 or more employees. We estimate that around 3.8 million employees in the public sector will be covered by the new gender pay gap reporting requirement. Indeed, the combination of these regulations and those for the private and charitable sectors will cover more than 15 million employees in 9,000 organisations, representing nearly half the total workforce. That is a massive step in the right direction.

Public bodies with more than 150 employees are already required to report on the diversity of their workforce and are encouraged to publish gender pay gap information. We are very keen in the first instance to place the same requirement for gender pay gap reporting on all employers, to ensure consistency and comparability. We have started in the public sector with the threshold of 250 employees, which aligns with section 78 of the Equality Act, but we will keep the threshold under review. The regulations and the ACAS guidance will, in any case, help organisations of any size to analyse their gender pay gap. We are not limiting reporting to those with 250 or more staff. Anybody can do it, but at present, those with 250 need to.

We have consulted massively on this. The right hon. Member for Slough said that the regulations were out of date. The idea may have arisen in 2010, but we have consulted on the regulations numerous times over the past year or so in order to get them exactly right, to make them timely and relevant and to ensure we took on board the views and expectations of all the different aspects of society. The majority of respondents to the public consultation who answered the question about the proposed scope agreed that the gender pay gap obligations should apply to authorities with 250 or more employees. Having said that, I have already spoken to employers with somewhere between 200 and 250 employees who are doing that reporting because they feel it is too close for comfort and do not want to be in a position where they suddenly slip into that larger number and get caught out.

The gender pay gap reporting requirements will be reviewed by the Secretary of State five years after commencement. Although that is the formal point for reviewing the obligations, we will of course closely monitor compliance on a much more regular basis, to ensure that the measures are effective and are working as intended. Ensuring that employers comply with the regulations is, of course, of the utmost importance to the Government. The Government Equalities Office will closely monitor that compliance by reviewing the data uploaded to a Government-sponsored website.

The Equality and Human Rights Commission can take enforcement action if a particular public authority has not complied. In line with the rest of the specific duties regulations, the Commission has powers to issue a compliance notice and can apply to the courts for orders requiring compliance. We have discussed with EHRC how the new system will operate and we will work closely together after reporting begins in March.

[Sarah Champion]

The Government have been great at naming and shaming businesses that are not paying the minimum wage. Does the Minister envisage that she will be doing the same thing with the gender pay gap?

[Caroline Dinenage]

That is an excellent question. That is the whole point behind ensuring that businesses and employers have to publish their data publicly. They cannot be hidden away in the murky depths of their website. They need to be in a really accessible place so that we can compare the data and tackle any worrying sectors or employers.

The regulations do not require mandatory equality objectives connected to gender pay gap data or action plans, but all employers will be strongly encouraged to publish information on how they intend to tackle the gender pay gap in their organisations. That is why we have strongly encouraged a narrative. Many public bodies have indicated that they are keen to publish a narrative alongside their gender pay gap calculations, so that they can provide more context for any gender pay differences, and highlight work to reduce any gaps. We know that sometimes the organisations that are doing some of the best work to bring women through the pipeline have, on paper, some of the worst gender pay gaps, but they are investing in a much more long-term strategy. That is where that narrative is really important.

We know that transparency is not a silver bullet. The hon. Member for Rotherham and the right hon. Member for Slough have spoken about the things that are missing here. We are not pretending for one second that this is a silver bullet, but it will incentivise employers to analyse the drivers behind their gender pay gap, which is what this is all about, and the extent to which their policies and practices might contribute to that gap.

We are also working closely with ACAS to deliver guidance for public bodies to help employers fully understand and implement the regulations and understand why they are good for their organisations and businesses.

The hon. Member for Rotherham asked why the Government had not accepted all the recommendations from the Women and Equalities Committee. Of course, we massively appreciate the important role that that Committee plays on the issue. I was one of the MPs in the previous Government who campaigned hard to get a Women and Equalities Committee. We carefully consider all the recommendations it makes. The report makes a number for Government, several of which we have already actioned. For example, the right to request flexible working already allows those with fewer than full-time hours to request the opportunity to work more.

Many of the recommendations would involve significant cost to business and, because we are so early in the process, they would also require changes to primary legislation, which has been in place for only 12 to 18 months. In particular, shared parental leave and flexible working are very new. We would rather wait until these new policies have had time to become established and sufficient evidence has been gathered on what works before changes are made.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I thank the Minister for what she is saying. I wonder, when she says that the Government are going to wait, whether she could give us an indication of how long.

[Caroline Dinenage]

The hon. Lady knows that I am passionate about this and will not let it drag on forever. I will keep it under constant review. She knows, as well as I do, that I am not in the business of spending taxpayers’ money before knowing that that money is going to be well spent and will make a real and positive difference to working women—and men and employers—up and down the UK.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

The Minister mentioned earlier the work of the Women and Equalities Committee inquiry. A number of witnesses to that inquiry outlined that the European Commission recommends a threshold of 50 employees. Does the Minister accept that a more ambitious target would bring forward the kind of changes that we want a bit earlier?

[Caroline Dinenage]

That is in terms of the number of employees one would have to have. As I said at the outset, we wanted to do this hand in hand with business. One concern articulated by business right at the beginning was that, if businesses did not feel that they had bought into this and could not see the advantages, the more unscrupulous ones might subcontract all their lower paid jobs to microbusinesses or very small companies to get round the gender pay gap reporting. We do not want to be in that position. We want to be in a position where businesses, authorities and public bodies all see that there is a genuine benefit in maximising the potential of every single member of their talented workforce, bringing them through the pipeline and making sure they reach the absolute pinnacle of what their skills allow them to do—and that they look at all the different resources available to them such as flexible working and shared parental leave.

It is important to note that we may not have such a low threshold of staff as other European countries, but the way we want to report is much more onerous. We cover bonus pay gaps as well. We know that the bonus pay gap is significantly larger than the gender pay gap on average. Men get paid significantly more and that is why we are asking for a median and mean average for bonus pay gaps. Our requirements are a little bit more arduous, but we think that they are the way we are going to get to the nub of this problem and really begin to tackle it.

The right hon. Member for Slough spoke about older workers and older women in particular. I am really dedicated to looking at ways to tackle the challenges facing older women in work. We are really committed to unlocking the skills, talents and experience of all women and supporting them to reach their economic potential. We will shortly publish “Fuller Working Lives: a partnership approach”, which sets out how working longer can benefit businesses, individuals and the economy, and the key actions that Government are taking. In the meantime the Women’s Business Council, which this Government established, has set up its own action group on staying on. It specifically looks at what businesses can do to support older workers, such as encouraging greater use of flexible working and providing practical support.

I am really pleased that the Committee broadly welcomes the regulations and that we agree on the underlying policy intention to accelerate action to close the gender pay gap. On that basis, I hope that hon. Members will support the regulations, which I commend to the Committee.

Question put and agreed to.

Oral Answers to Questions

Caroline Dinenage Excerpts

Monday 6th February 2017 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

T5. In my constituency, 85% of children who attend an independent nursery do not have access to a qualified early years teacher. The proportion of our children in that situation is one of the highest in England, and it means that they are 10% less likely to be at the expected standards of early development by the age of five. The Minister has said that she wants to increase social mobility, so what effort is she making to do that in Birmingham, Yardley?

[The Parliamentary Under-Secretary of State for Education (Caroline Dinenage)]

The hon. Lady is absolutely right to point out that our early years workforce is one of our greatest assets. We will shortly be releasing a workforce strategy, which will outline how we want to improve what already exists. We need to help employers to attract, to retain and to develop their staff to deliver the very highest quality of early years provision.

[Mr Speaker]

Short questions and short answers, please.

Oral Answers to Questions

Caroline Dinenage Excerpts

Thursday 2nd February 2017 Commons Chamber

[Julie Elliott (Sunderland Central) (Lab)]

8. What steps the Government are taking to tackle the gender pay gap for women in their 30s and 40s.

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

The gender pay gap is now the lowest on record, at 18.1%, but that is still too high and eliminating it altogether is one of the key targets of this Government. That is why we have extended the right to request flexible working and introduced shared parental leave, and it is why, from September, we are rolling out 30 hours of childcare to the working parents of all three and four-year-olds.

[Joan Ryan]

I thank the Minister for her reply. Does she agree with the overwhelming evidence suggesting that the £1,200 employment tribunal fees introduced by her Government are creating a significant barrier to women being able to hold their employer to account for gender pay disparities in the workplace? That is all women, not just low-paid women.

[Caroline Dinenage]

The Government take that very seriously, and my right hon. and learned Friend the Minister for Courts and Justice will be coming forward with more information shortly. The Government are committed to ensuring that people from all backgrounds can access justice. Although we are very keen to see much more in the way of mediation, and ACAS has dealt successfully with more than 80,000 cases without having to go to tribunal, on Tuesday we launched a consultation on proposals to widen the support available to people under the help with fees scheme, following the completion of the fees review.

[Julie Elliott]

The gender pay gap in the north-east is 28%, some 10 percentage points higher than the national average. What is the Minister and the Government doing to address those very stark regional variations?

[Caroline Dinenage]

It is vital, now more than ever, that our economy is able to benefit from everybody’s skills. We simply cannot afford to waste the talents of a single person. That is why, from April this year, we are requiring all employers with more than 250 staff to publish those gender pay gap figures. We are great believers in what gets measured gets managed, but what gets published gets managed even better.

[Mr David Nuttall (Bury North) (Con)]

Can my hon. Friend tell the House what the gender pay gap is for 30 and 40-year-olds in each Government Department? Does she agree that the Government should be getting their own house in order before trying to lecture others in the private sector?

[Caroline Dinenage]

I am delighted to tell my hon. Friend that the gender pay gap in the Department for Education is only 5.9%. Although that is 5.9 percentage points too high, it shows enormous progress in the Department for Education. Across Government, the figure is just below 13%, and we will keep working until it has been eliminated altogether.

[Sir Simon Burns (Chelmsford) (Con)]

Given that it is now 42 years since Barbara Castle’s Equal Pay Act, why is there any gender pay gap, not only for 30 and 40-year-olds but for people in their teens, twenties, fifties and sixties?

--- Later in debate ---

[Mr Speaker]

I thought it was 1970. [Interruption.] Anyway, we are agreed that it is a long-standing statute.

[Caroline Dinenage]

Yes, I think we can all agree that it has been a long old time. My right hon. Friend the Member for Chelmsford (Sir Simon Burns) is right to point this out. We have legislation that stops people being paid differently for doing the same job, but what drives the gender pay gap is the fact that girls tend to go into lower paid sectors compared with men and, of course, the pay gap really kicks in at around 30 and 40 when women leave work to have children and may not be supported back into the workplace as well as we would want. That is why gender pay gap reporting is so vital.

[Mr Speaker]

We are all now better informed.

--- Later in debate ---

[Kevin Foster (Torbay) (Con)]

6. What progress the Government is making on reviewing the Gender Recognition Act 2004 and the process relating to gender recognition certificates.

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

The Government are continuing our work on our commitment to review the Gender Recognition Act 2004. We have begun stakeholder engagement programmes to look at how the gender recognition process can be improved, as well as looking carefully at international comparisons. We will provide an update later this year.

[Kevin Foster]

I thank the Minister for her answer. My constituent Rebecca Cook applied for a gender recognition certificate, but her application was rejected on the basis that the statutory declaration was more than six months old and she

“may have changed her mind.”

Given that the statutory declaration is a lifetime declaration, will the Minister confirm that the six-month time limit will be reviewed as part of the overall legislative review?

[Caroline Dinenage]

I am really sorry to hear that my hon. Friend’s constituent has encountered those difficulties, and he is absolutely right to bring that kind of case to the House today. We have committed to review, streamline and demedicalise the gender recognition process, and we will certainly consider evidence of any administrative barriers to people gaining the legal gender recognition that they want.

[Neil Carmichael (Stroud) (Con)]

7. What assessment she has made of the potential role of personal, social and health education in promoting equality.

--- Later in debate ---

[Chris Davies (Brecon and Radnorshire) (Con)]

T4. What are the Government doing to support men to take a more active role in looking after their children?

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

We know that when fathers take an active role in childcare, it is not only great for their relationships with their children; it is also important in eliminating the gender pay gap. That is why we have introduced shared parental leave and extended the right to request flexible working, helping both mums and dads to balance their work life with their family commitments.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

T2. Does the Minister agree that the Equality and Human Rights Commission must publish an equalities impact assessment of its planned redundancy programme before that programme proceeds any further?

--- Later in debate ---

[Caroline Dinenage]

On Tuesday, we launched a consultation on the proposals to widen the support available to people under the Help with Fees scheme, following the completion of the employment tribunal fees review last year. However, it is also important to point out that ACAS has seen the number of people who are able to sort out their differences via mediation go beyond 80,000, and I think a number of people would be much happier going back into the workplace they have come from having sorted out their problems through mediation rather than tribunals.

[Chris Elmore (Ogmore) (Lab/Co-op)]

This week marks the start of LGBT history month, and, of course, we all celebrate the great achievements the LGBT community has given this country. However, hate crime against the LGBT community remains far too high, with Stonewall saying that one in four LGBT people hide their sexual orientation. Will the Minister take urgent action to tackle that, first by increasing the sentences for those who commit hate crimes against LGBT people?

[Caroline Dinenage]

We do have a lot to be proud of, and the UK continues to be recognised as one of the most progressive countries in Europe for LGBT rights, but the hon. Gentleman is absolutely right that we must not rest on our laurels. We must make sure that anybody who attacks anyone on the basis of their sexual orientation is brought to justice. LGBT history month is a fantastic opportunity to celebrate and recognise the contribution that gay, lesbian, bi and trans people have made to British history, British society and British culture.

The Leader of the House was asked—

Maintained Nursery Schools Funding

Caroline Dinenage Excerpts

Wednesday 1st February 2017 Westminster Hall

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

It is an enormous pleasure to serve under your chairmanship, Ms Dorries. I, too, congratulate the hon. Member for Warrington North (Helen Jones) on securing this important debate, and indeed all the hon. Members from different parties who have taken part; they have spoken with great passion about their own experience of maintained nursery schools. It has been great to hear the support from across the House for these valuable educational providers.

The issue of maintained nursery schools is of huge importance. I am pleased to have the opportunity to set out very clearly the Government’s position on the valuable contribution that they can make, not only to the lives of disadvantaged children, but to the wider early years sector. I want to make it very clear that the Government are committed to exploring all options to address the issues that nursery schools face, and we remain committed to ensuring that nursery schools have a bright future and can continue to meet the needs of the communities they serve.

Nursery schools do indeed have an impressive history. Central to the development of the very early nurseries was the recognition that disadvantaged children could thrive and overcome their circumstances by attending nursery settings that blended both care and education. Today that approach is backed up by robust research. We know that the first few years of a child’s life are critical to shaping their future development. We also know that high-quality pre-school education reduces the effects of multiple disadvantage on later attainment and progress in primary school. In addition, we know that many maintained nursery schools go beyond the bounds of their immediate communities, using their pedagogical expertise to help other providers improve the quality of their provision.

In short, although maintained nursery schools are attended by only 2.8% of the two, three and four-year-old children who benefit from funded early education places, they nevertheless make a huge contribution to disadvantaged children and to the early years sector as a whole. Like other Members, I have seen that in my own constituency.

[Helen Jones]

If, as the Minister says, she understands and values the contributions that maintained nursery schools make, why did the Government create this problem by going for a flat funding formula? She says she is trying to put it right, but the problem is entirely of the Government’s own making, is it not?

[Caroline Dinenage]

I think that the hon. Lady is being a little narrow-minded. I was a mother under the previous Labour Government and both my children were in childcare. That Government presided over some of the most expensive childcare in Europe. I was literally working to pay for my childcare under her stewardship. We can all talk about past mistakes.

[Helen Jones]

rose—

[Caroline Dinenage]

If the hon. Lady sits down, I will make a little progress. [Interruption.]

[Nadine Dorries (in the Chair)]

Order. Ms Jones, you may get a chance to wind up at the end.

[Caroline Dinenage]

I put it on record that I want to preserve and promote the quality and expertise of maintained nursery schools. Social mobility is a high priority for the Government. That includes committing to the task of spreading existing best practice in high-quality early years provision across the whole system. We want all children, whatever their background and individual needs, to access the high-quality early education they deserve, wherever they come from. Nursery schools can play a valuable role in spreading that quality throughout the early years system, and many already do. I recently visited Sheringham Nursery School in Newham and saw at first hand the high-quality teaching and excellent system leadership it was providing to nurseries, private and voluntary providers and childminders across the local area. Many Members have already mentioned that issue.

Since I was appointed as Minister for early years in July, I have had many positive—but some challenging—conversations with nursery head teachers, staff and other early years professionals from across the country in an attempt to understand the issues these schools face. I have had a healthy flow of emails and letters from head teachers, governors and MPs on the subject of nursery schools. I really do understand the challenges they face. I have a very valuable one in my constituency, and I recognise the impressive support such schools have in their communities.

As my right hon. Friend the Member for Chelmsford (Sir Simon Burns) and the hon. Member for Manchester Central (Lucy Powell), who is no longer here, have mentioned, I spoke to the all-party parliamentary group on nursery schools and nursery classes last week. I was concerned by suggestions, as misquoted by the Opposition spokesperson, that 45 maintained nursery schools thought they faced closure. As a result, I asked my officials in the Department for Education to contact Pen Green, which is the maintained nursery that conducted the survey. Because the survey was confidential, Pen Green has gone to the relevant maintained nursery schools to ask whether it can pass us their names. I urge Members and those in the sector to speak to us. I would like my officials to speak to every single one of those 45 nurseries that think they face imminent closure so that we can get to the bottom of the issues.

It is clear that one of the key issues facing nursery schools is funding, which is related to the introduction of the early years national funding formula. I want to be quite robust about this: the Government are not making any cuts to early years funding. In fact, we are spending more money on this than any Government. By the end of this Parliament, we will be spending £6 billion a year on childcare. [Interruption.] We all know that some of our Labour friends and colleagues live in a fluffy bunny world of economics, where money grows on trees and we can all spend what we want, but £6 billion a year of taxpayers’ money is more than any Government have ever spent on this area. It includes more than £300 million a year for a significant uplift to our funding rates. For example, Warrington is seeing a 19% increase, Great Grimsby is seeing a 17% uplift and Manchester Central is seeing an 18% increase. [Interruption.]

[Nadine Dorries (in the Chair)]

Order. I do not ever tolerate in my debates chunnering from the Back Benchers when anyone is speaking. Please desist.

[Caroline Dinenage]

Thank you, Ms Dorries. Members will also know that I have committed supplementary funding for maintained nursery schools of £55 million a year. That is not for two years, as the hon. Member for Washington and Sunderland West (Mrs Hodgson) misquoted, but until at least the end of this Parliament, so that current funding rates can be maintained. It will be £56 million this year. I cannot remember who it was, but one Opposition Member said that we need to spend more money and that we are doing it on the cheap. I would like to take a moment to think about that figure: £6 billion a year is a huge amount and is taxpayers’ money, but it is the right amount and it reflects the Government’s commitment to providing the high-quality, affordable childcare that hard-working parents need.

[Derek Twigg]

I am intrigued by the Minister’s view on funding. Why do head teachers write to me saying that they have real concerns about massive funding cuts to their budgets?

[Caroline Dinenage]

I am more than happy to speak to the hon. Gentleman and any concerned providers in his constituency. We took a view to try to make the funding fairer across the country. We have also set in place a 95% pass-through rate, so that 95% of the money that local authorities get will go on to providers, and that will help. In some cases, local authorities were keeping back up to 30% of the funding.

I need to make some progress. We know that for historical reasons there were clearly unfair and unjustifiable funding differences between areas and between different types of providers. That is why we introduced the fair funding formula which maximises the amount passed on to providers while ensuring that all local authorities are adequately funded to secure sufficient early education, including that provided by maintained nursery schools. I recognise that nursery schools have costs over and above other providers because of their structures and because of the nature of the communities they serve. That is exactly why I announced the additional £55 million a year for local authorities to allow them to maintain existing levels of maintained nursery school funding at least until the end of this Parliament. The Opposition spokesperson asked me how that money will be distributed. It will go to the local authorities, with the presumption that 100% of it will be passed on to the maintained nursery schools. It will not be part of the 95%.

The hon. Member for Great Grimsby (Melanie Onn) asked about SEND funding. In our early years national funding formula response, we said that through legislation we are requiring local authorities to set up a SEN inclusion fund and publish the eligibility criteria and value of that fund at the start of the year. It will be a local decision on eligibility, but it will be made in consultation with the local early years provider. It should be focused on low levels and emerging SEN, so that we do not have the issues with having to wait so long to prove that children are eligible.

Looking ahead, Members have asked me to share what I see as my future priorities for nursery schools. Those have developed out of the conversations and discussions I have had with head teachers, staff and early years experts, and they build on examples of innovation and partnership working that many, but not all, nursery schools currently demonstrate. Nursery schools should focus on the needs of disadvantaged children and children with special educational needs and disabilities, but all of them can drive early years system improvement by providing pedagogical leadership. We can work in partnership with other local childcare providers, including childminders, to deliver better quality and practice. We can maximise the use of their skills, experience and resources to become more sustainable.

As Members know, we have committed to consulting openly on the future sustainability of nursery schools. That is the right approach. Nursery schools operate within a changing world and it is important to recognise that it might not be the case that nursery schools should provide more of the same, and in the same way. We need to ensure that they are focused on where they can have the greatest impact. The landscape for the delivery of children’s services is evolving. Partnership working is the norm in many areas, but practice is variable. Some local authorities, but not all, make full use of their nursery schools by commissioning services and asking them to co-ordinate or deliver quality improvement for their areas. System leadership of that sort makes very good use of nursery schools’ expertise and experience, and I want to encourage more of that.

However, some local authorities hardly engage with their nursery schools, leaving them isolated rather than drawing on the expertise and specialist resources they offer. The schools landscape is changing as more secondary and primary schools opt to convert to academy status and join multi-academy trusts. Moreover, all public bodies, including schools, are grappling with tight budgets. That will mean looking at how to deliver better value for money and getting the balance right.

We have a lot to bear in mind as we consider the future, but I think that we are coming from a strong starting point, given the tremendous track record nursery schools have in delivering rich learning experiences and high-quality early education to disadvantaged children, including those with special educational needs and disabilities. Our consultation will explore the vision in more detail, including the best ways to bring it about. I hope that those in the sector will take part and share their experience, wisdom and views with us once the consultation is launched. They certainly have not been shy in sharing those views with me so far. I appreciate it, and I sincerely hope they will continue to be honest and frank with me as we move forward together. The steps I have outlined will ensure the continuation of the important contribution that nursery schools make to the early years sector and the future opportunities of young children in deprived areas.

[Nadine Dorries (in the Chair)]

Ms Jones, would you like to wind up in the few seconds left?

Statutory Sex and Relationships Education

Caroline Dinenage Excerpts

Tuesday 31st January 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Caroline Dinenage)]

It is a great pleasure to serve under your stewardship, Sir Edward. I thank the hon. Member for Kingston upon Hull North (Diana Johnson) for securing this important debate and for her constant and consistent engagement on the important issue of sex and relationships education and personal, social, health and economic education. I also congratulate her constituency and the whole city of Kingston upon Hull on its acclaim as the UK city of culture for 2017.

I very much welcome the opportunity to debate these important issues again. As various Members have mentioned, we spoke about them in last week’s Adjournment debate, but it is always valuable to gather and hear more views from more Members from all parts of the House on these areas of concern. I entirely share the hon. Lady’s view about the value of children and young people having access to effective, factually accurate and age-appropriate sex and relationships education. I agree with her and the Opposition spokesperson that it has to be about more than that; it has to be about healthy relationships, consent and respect for oneself and others. Those things are so important if our children are to face the challenges of the modern world. It has been helpful to hear views from Members from all parts of the House, particularly my hon. Friend the Member for Peterborough (Mr Jackson), whose birthday it is today.

My hon. Friend the Minister for Vulnerable Children and Families has already committed to come back to the House during the consideration of the Children and Social Work Bill with an update on how he intends to proceed. I have to be careful not to steal his thunder, particularly because he is as we speak on paternity leave, which is evidence, if needed, that he was definitely there for that class on which bit went where.

I reassure Members that the Government take the matter seriously. We welcome the extremely helpful input from the hon. Member for Kingston upon Hull North, many other Members and the Women and Equalities Committee, and the ongoing scrutiny of the Bill. The issue is a priority for the Government.

[Mr Jackson]

The paternity leave of my hon. Friend the Minister for Vulnerable Children and Families will no doubt be interrupted by the Whips tomorrow evening for the vote on article 50. May I press the Minister specifically on the issue of continuing to allow parents to withdraw their children from some classes under any new guidance issued by the Department? Hitherto, that has been a central tenet of Government policy on this sensitive issue.

[Caroline Dinenage]

The input of parents on this subject is fundamentally important, as is the input of teachers and other professionals. The Government are fully committed to exploring all the options to improve the delivery of sex and relationships education and PSHE. We want to ensure the quality of delivery and the accessibility of teaching so that all children can be supported to develop and thrive in modern Britain.

[Dr Poulter]

On that point, I am sure the Minister is aware that many young people find it difficult to talk to their parents about these issues. There is good evidence to suggest that young people sometimes find it difficult to talk to austere parents with a strong religious background about such issues as homosexuality, particularly if they are coming out about their own homosexuality. I hope she will factor those issues in and feed them back to her colleague when he comes back from paternity leave.

[Caroline Dinenage]

That is why it is fundamentally important that we get it right. We have to proceed taking all views into consideration. The existing legislation requires that sex education be compulsory in all maintained secondary schools. Academies and free schools are also required by their funding agreement to teach a “broad and balanced curriculum”, and we encourage them to teach sex and relationships education within that. The Government believe that transparency and consultation between parents, teachers and pupils are vital in the effective delivery of SRE. When developing their SRE policy, all schools should consult pupils’ parents and make the policy available to parents on request and at no charge.

Parents have the right to withdraw their children from any parts of sex and relationships education except the aspects included in the statutory science curriculum at each of the key stages. Many schools choose to cover issues of consent within SRE, and schools are both able and encouraged to draw on guidance and specialist materials from external expert agencies. For example, Ofsted publishes case studies on its website that efficiently highlight effective practice in schools, including examples of SRE as taught within PSHE. We are actively encouraging schools to use the Ofsted case studies as a resource when they are tailoring their own programmes to meet the specific needs of their pupils. Members have spoken about the support available for teachers, and that is the support. In addition, in 2014 the PSHE Association, Brook and the Sex Education Forum produced a supplementary guidance document on sex and relationships education for the 21st century, which provides specific advice on what are unfortunately increasingly common risks to children in the modern world, such as online pornography, sexting and staying safe online. That very useful guidance provides teachers with the tools to support pupils on these challenging matters, developing their resilience and their ability to manage risk.

We are actively considering calls to update the guidance on SRE, which was issued back in 2000. Feedback we have received indicates that the guidance is clear, but we understand the argument that it is now 17 years old and needs to be updated, and we are exploring options for doing so. We are fully committed to improving the quality and accessibility of SRE and PSHE. Our intention is to follow a responsible and dynamic approach that engages a wide range of views, including those of parents, teachers and young people. We know that SRE is a developing and vital area of education and we need to do all that we can to ensure that our guidance is fit for purpose and can equip our children with the skills they need to be safe in modern British society.

More broadly, the Government have already shown an understanding of and initiative on the issues that are affecting children and young people today. The advent of social media and other online services has provided great opportunities for young people, but we are very aware that they can also compromise young people’s safety and expose them to a number of risks. The Government expect online industries to ensure that they have appropriate safeguards and processes in place, including access restrictions, for children and young people who use their services.

We have published a guide for parents and carers, which includes practical tips about the use of safety and privacy features on apps and platforms, as well as conversation prompts to help start conversations about online safety. We have also funded the UK Safer Internet Centre to develop new resources for schools, including guidance on understanding, preventing and responding to cyberbullying, and an online safety toolkit, to help schools deliver sessions about cyber-bullying, peer pressure and sexting.

The hon. Member for Rochdale (Simon Danczuk) spoke powerfully about his ex-wife’s experience of abuse in childhood. He might be interested to know that the Government Equalities Office and the Home Office jointly funded a £3.85 million campaign, which was the second phase of the “This is Abuse” campaign, called “Disrespect NoBody”. That ran until May last year and asked young people to rethink their understanding of abuse within relationships. It addressed all forms of relationship abuse, including controlling and coercive behaviour and situations, including in same-sex relationships. Some of it contained gender-neutral messaging; other elements depicted male victims and female perpetrators. It also had an online toolkit that provided advice, guidance and real case studies on issues around pornography, controlling behaviour, consent and rape. It was targeted at 12 to 18-year-old boys and girls, with the aim of preventing them from becoming either perpetrators or victims of abuse.

We welcomed the comprehensive report by the Women and Equalities Committee on sexual health and sexual violence in schools. I was privileged to be able to give evidence to the Committee. The report was published on 13 September last year and contained a number of recommendations, including proposals relating to SRE and PSHE.

I emphasise that we are unanimously in full agreement that sexual harassment and sexual violence in schools, in any form, is absolutely unacceptable and should not be tolerated. The Government’s aim is to ensure that our schools have the tools they need to deliver outstanding sex and relationships education that meets the needs of all pupils in our education system. As I have said, my hon. Friend the Minister for Vulnerable Children and Families has committed to update Parliament further during the passage of the Children and Social Work Bill. This is an important issue, and we are serious about the need to use any and all effective means to remove sexual harassment and sexual violence from the lives of young people, to equip them with the confidence to know what healthy relationships look like and to have respect for themselves and others, and to prepare them for the various challenges they might face in modern Britain.

[Sir Edward Leigh (in the Chair)]

Does the mover of the motion wish to sum up? You can if you wish—there is a bit of time.

Draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017

Caroline Dinenage Excerpts

Wednesday 25th January 2017 General Committees

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

I beg to move,

That the Committee has considered the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.

It is an absolute pleasure, as ever, to serve under your chairmanship, Sir David. Section 78 of the Equality Act 2010 delegates powers to Ministers to make regulations requiring employers in Great Britain with at least 250 staff to publish information showing whether there are differences in pay between their male and female employees. These regulations are the first use of the power under section 78, because this Government are committed to tackling the pay inequality that has existed between men and women for far too long. That is why we are taking bold steps to tackle the gender pay gap. That is not just good for women; it is good for the country as a whole. McKinsey estimates that eliminating work-related gender gaps could add £150 billion to our annual GDP.

The gender pay gap is not about men and women being paid differently for the same job—unequal pay has been prohibited since 1975—but is a measurement of the difference between men and women’s average earnings. We will continue to implement a wide range of measures to tackle the wider causes of it. The UK’s overall gender pay gap has fallen over time. Ten years ago it was 25% and, according to the latest Office for National Statistics figures, today it stands at about 18.1%. While that is the lowest on record and it is moving firmly in the right direction, progress is still far too slow and voluntary reporting has not led to sufficient progress. Following two public consultations and extensive stakeholder engagement, the Government are delivering our manifesto commitment to require large employers to publish a range of complementary gender pay gap measures every year, starting this year.

Publishing the difference between the average hourly rate of pay for male and female employees, calculated using both mean and median averages, will give employers a better understanding of their gender pay gap. Bonus payments are a significant element of overall remuneration in some sectors, and ONS figures show that more than £44 billion was paid out in bonuses across the UK economy during the 2015-16 financial year. Publishing the difference between the average bonuses paid to male and female employees will encourage employers to ensure that those practices are fair and transparent. Fewer women than men are employed in senior and higher-paid professions. Requiring employers to report on the proportions of men and women in each quartile of their pay distribution will ensure that they consider whether there are any blockages to women’s progression within an organisation. That could be valuable in making comparisons with competitor employers that are actively nurturing female talent.

The principle of greater transparency on gender pay differences has cross-party support. It will incentivise employers to analyse the drivers behind their own gender pay gap and explore the extent to which their own policies and practices may be contributing to it. The regulations are, of course, only one element of the Government’s strategy to meet the needs of women at every stage of their working lives, and by working together we can make real progress in closing the gender pay gap.

--- Later in debate ---

[Caroline Dinenage]

I have been very taken with the contributions from all members of the Committee—I was so absorbed that I nearly forgot to stand up for a moment. I thank everybody who has taken part in the debate; I always welcome feedback and questions from Members.

We all agree that it is completely unacceptable that a gender pay gap still exists in this day and age. The regulations will create opportunities for both individuals and employers by driving action that promotes greater gender equality in workplaces across the country.

Back in 2010 there was a coalition Government agreement to take a voluntary approach to this issue, because that was a powerful tool in bringing businesses with us. If hon. Members will bear with me, I will explain a little later why bringing businesses with us at every stage was important. That approach encouraged more than 300 employers—big employers with a staff of many thousands between them—to begin to think about the gender pay gap. It laid the groundwork for that important work to move forward, so it is a little unfair to disparage it as meaningless, toothless and pointless. There was a point to it, and it engaged the business community with this important issue.

As I mentioned in my opening comments, we have undertaken extensive consultation with employers and stakeholders to develop these regulations. In addition to two public consultations, the Government Equalities Office held roundtables with employers, women’s civil society, trades unions, academics, legal associations and experts in gender pay analysis. Having worked closely with such a wide range of stakeholders, we can be confident that the requirements are clear and proportionate and will drive real change in workplaces across the country.

The Secretary of State will review the regulations five years after their commencement just because that is the legal requirement, but that is not to say that we will not look at them in the interim. We will keep a close eye on them to make sure that they are being enforced properly. We have worked closely with ACAS to develop clear and user-friendly guidance to help employers understand and implement the regulations. That draft guidance will be published shortly.

The range of metrics that the regulations require will ensure that no large employer can claim that it is unaware of whether it has a gender pay gap. The publication of the information required will increase employees’ confidence in their employers’ remuneration process and could enhance an employer’s corporate reputation.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am sorry to interrupt a speech that my hon. Friend is making with such eloquence and competence, but the explanatory note say that section 78 of the Equality Act

“does not apply to government departments, the armed forces or other public authorities listed in Schedule 19”.

It goes on to say that, in October,

“the then Prime Minister announced that these large public sector organisations would also be required to publish details”.

Can I take it that the regulations do not legally require Government Departments to publish the details, but that they will do so on a voluntary basis? Can she also confirm that all non-departmental organisations and large charities with more than 250 employees will be included?

[Caroline Dinenage]

We have laid the regulations that will ensure that public sector organisations, and indeed charities, are included in the legislation.

[Hannah Bardell]

On the point about listed public authorities, is she aware that in Scotland we have reduced the threshold for reporting from those with more than 150 employees to those with more than 20 employees? Does she foresee her Government working with the Scottish Government on the success of that, and perhaps lowering the threshold for the rest of the UK as well?

[Caroline Dinenage]

I speak as someone who ran a small business for 20 years before I came into Parliament, so I look at it from a different perspective. I do not want to be part of a Government that is crippling, penalising or over-bureaucratising small and medium-size enterprises. Although I am interested in what the Scottish Government have done and will keep it under review, I personally think that the regulations are the best place to start. As I will go on to explain, we want to take business with us at every stage. This is not a punitive measure on business; it is good for business. Making sure that a business encourages the growth, prosperity and development of every single one of its talented workforce is not only the right thing to do but brings massive future economic potential for this country.

The Young Women’s Trust found that 84% of surveyed women aged 16 to 30 would consider an employer’s gender pay gap when applying for a job, and 80% would compare employers’ gender pay gap data when looking for work. Of the employers and business organisations that responded to our first consultation, 82% agreed that the publication of gender pay gap information would encourage them and other employers to take action to close the gap. We can see that bringing business with us on this and convincing them of the merits of it has been one of the key successes of our how we have gone about our policy so far.

[Sarah Champion]

I support what the Minister is saying, because the 11 companies that voluntarily reported said that it led to a more open workplace where employees stayed longer. However, I challenge her on the point that she made to the hon. Member for Livingston, because what we talking about is actually a simple line of coding in an already existing payroll. It is not a big or onerous requirement, so this is not a question of putting overburdening administration on businesses; I think not taking forward reporting for smaller businesses is Government will.

[Caroline Dinenage]

I have to disagree, given that the last thing businesses need is unwieldy bureaucracy from a nosey, over-centralised, self-serving, self-satisfied Government. I speak as someone who, for 20 years, ran a business that had just under 20 employees. We were crippled by much of the legislation that came from the Labour Government. The bureaucracy and paperwork that I had to deal with on a daily basis, on all manner of things, became a real burden on my ability to employ people and create wealth and prosperity for this country. I therefore take increasing the burden of legislation on businesses seriously. If it is unnecessary, I am not prepared to do it, but we will keep the matter under review.

The regulations require employers to publish the relevant information on their own website in a manner accessible to employees and the public. Hon. Members have asked how it will be displayed, saying that it should not be squirreled away somewhere. The information will have to be accessible. All employers within the scope of the provisions will be expected to publish the required information annually, and no exemptions are envisaged. A written statement signed by a director or senior employee must also be published online. As well as confirming the accuracy of the required information, that will ensure that business leaders take ownership of tackling any identified gender pay gaps. We will also require the information to be published on a Government website.

[Vernon Coaker]

Just to be clear, because one or two of us are not sure—that may be our fault—does what the Minister has said today mean that the first time there will be publication relating to transparency on the gender pay gap will be 5 April 2018?

[Caroline Dinenage]

Yes; companies have to start collecting the data from April this year and publishing the information by April next year. That fully conforms to our manifesto commitment, which was for three years of publications before the next general election.

The Opposition spokeswoman raised the issue of the EHRC not having the necessary legal powers. We are clear that the EHRC does have them, as it has recognised. It may issue an unlawful act notice to any person who has committed an unlawful act, such as non-compliance with the regulations. The notice could include recommendations for an action plan to address the unlawful act and to ensure that it does not continue. As well as investigating whether a person has complied with an unlawful act notice, the EHRC may apply for a court order requiring them to take specified steps to comply with the notice. The EHRC has received, and will continue to receive, sufficient funds to be able to fulfil its statutory duties, of which this is one. It is for the EHRC as an independent body to determine the allocation of its overall funding across specific functions. We believe that the £20.4 million of taxpayers’ money that it receives is sufficient for it to carry out these important duties.

The regulations do not create any additional civil or criminal penalties, and failure to comply would be an unlawful act, as I said. Many consultation respondents felt that disproportionate sanctions would defeat the object of ensuring that a sufficient number of employers take direct responsibility for promoting gender equality in their workforce. We feel that competition in sectors, as well as the risk of brand and reputational damage, will drive compliance. Many employers will see this as an opportunity to put proactive strategies in place to tackle the barriers facing their female employees. Consultation responses highlighted that that approach should have much more of an impact, in terms of making a positive change, than a box-ticking exercise to avoid financial penalties would. Relying on fixed penalties from the outset could encourage some employers simply to pay fines rather than to undertake the necessary pay analysis and do the donkey work involved in making the proposals work.

Crucially, during a roundtable with women’s civil society and trade unions, there was broad agreement that compliance measures should not be so harsh that they risk incentivising employers to subcontract female employees. That is not only about being a friend of business, but because it is so important for women. Rather than just creating a low gender pay gap, we want to create the right type of low gender pay gap. Some industries—indeed, some countries—with low gender pay gaps have very low rates of female employment. That is not because they have a lot of women in high-paid jobs, but because they do not have women in work at all. That shows low workforce participation and high social inequality. The launch of the Government website allowing employers to publish the required gender pay gap information will coincide with the commencement of the regulations, which will allow us to monitor levels of compliance closely. So we will not just be looking at the data once every five years; we will monitor it.

[Vernon Coaker]

May I suggest to the Minister that the first time it is published on the Government website, she makes a written or oral statement, to signify to everyone how important this is, and to get it out there with a bit of urgency and excitement about it?

[Caroline Dinenage]

I cannot imagine anyone would need to encourage a politician to seek publicity. Of course, I will shout it from the rooftops if it will make the hon. Gentleman happy. We will keep our position on financial penalties under review, in the light of employers’ willingness to comply with the reporting requirements during the early years of implementation. The public will be able to search the Government’s website to check whether employers in the scope of the regulations have complied with them and to compare them with other employers in the same sector. We will consider the most effective way to present the published information, in discussion with a wide range of stakeholders.

The hon. Gentleman asked about the scope of the regulations. We calculate that they will affect about 8,000 employers, who between them have more than 11 million employees. An estimated 3.8 million employees will also be covered by separate gender pay gap regulations that will apply to public authorities. In total, the new gender pay gap regulations will cover nearly half of the total workforce.

I agree that we need to challenge gender stereotypes, from the division of unpaid work to the types of occupations that men and women pursue. The Government are looking really closely at that. The hon. Gentleman hit the nail on the head when he said that men need to act as agents of change. Men can be the most powerful agents of change. That is why the Government set up the Women’s Business Council, which has recently expanded to include more men. One of its key work strands is about men as agents of change, and it is about to issue awards recognising men who do fantastic work promoting women in the workplace across the UK.

On SME reporting, I have already spoken a lot about how it could impose too much of a burden on small businesses. At the moment, large employers alone are being required to report, but we will encourage small employers to analyse their pay data and take action where issues occur. I also think that, through the supply chains of big businesses, this will filter down to smaller companies anyway.

The regulations covering the public sector, including Government Departments, were laid last week, and public bodies will be required to publish gender pay gaps every year. The gender pay gap of the Department for Education in 2016 was 5.9%, I am pleased to say.

[Vernon Coaker]

I am sorry to keep asking questions, but is that timetable for public bodies the same as for private bodies?

[Caroline Dinenage]

Yes, it is exactly the same.

The female employment rate is currently the joint highest on record, at 69.8%. The female participation rate has increased by more since 2010 than during the three previous Parliaments combined. We agree, of course, that there is a wider gap for older women, as the hon. Member for Feltham and Heston described. That can be explained in part by age, but not completely. That is why we have introduced measures such as extended flexible working, shared parental leave and increased hours of paid-for childcare—working couples can expect 30 hours from September.

We are not requiring gender pay gap reporting by age, as workforce demographics vary significantly. Such reporting could also raise confidentiality issues, if a company had only a small number of employees in one age bracket. That was raised with us as a concern, and we do not want to betray anybody’s confidence. We agree that the data need to be owned across organisations, which is why we will require a senior director to sign off the data. We will closely monitor compliance on that.

I was asked about devolved approaches. Section 78 regulations cover England, Scotland and Wales. Scottish and Welsh public bodies are subject to their own specific duties in regulations under section 153 of the Equality Act, but the Equality and Human Rights Commission works across England, Scotland and Wales.

[Seema Malhotra]

Can the Minister clarify one point? This may be in the details we have been given, but will companies be required to report on the gender pay gap in their annual reports?

[Caroline Dinenage]

I am not entirely sure whether they will be required to do that, but they will be required to publish the information on a website that is readily accessible. It cannot be hidden away in a tiny little corner of their online presence that nobody can find. We will then republish that information on the Government website, so it will be easily accessible.

We know that transparency may not be a silver bullet, but it will incentivise employers to analyse the drivers behind their gender pay gap and explore the extent to which their own policies and practices might be contributing to it. I am really pleased that the regulations are broadly supported by the House, and that we agree on the underlying policy intent. I understand that we might have slightly different motivations about how we want to support businesses—whether we want to cripple them with massive amounts of bureaucracy or support them to create the jobs that the country needs—but I truly believe that this reporting marks a significant step forward in making that policy intent a reality, and I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.

Sex and Relationship Education

Caroline Dinenage Excerpts

Monday 23rd January 2017 Commons Chamber

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

I should like to start by congratulating my right hon. Friend—and, indeed, my real friend—the Member for Basingstoke (Mrs Miller) on securing this really important debate. I share her view on the importance of children and young people having access to effective, factually accurate, age-appropriate sex and relationship education. This is a subject that the Government take very seriously, and we have welcomed the extremely helpful input of many Members across the House and, not least, of my right hon. Friend’s Women and Equalities Committee. We also welcome the ongoing scrutiny of the Children and Social Work Bill. The Government are committed to exploring all the options to improve delivery of sex and relationship education and personal social and health education and to ensuring that we address both quality of delivery and accessibility in order to support all children in developing positive, healthy relationships and being able to thrive in modern Britain.

The Government welcomed the Women and Equalities Committee’s comprehensive report on “Sexual harassment and sexual violence in schools” that was published in September 2016 and contained several recommendations, including proposals relating to SRE and PSHE. I was honoured to take part in an evidence session as part of that inquiry. I emphasise that we are in full agreement that sexual harassment and sexual violence in schools—no matter what form they take—are absolutely abhorrent and unacceptable and should not be tolerated.

[Neil Carmichael (Stroud) (Con)]

I am grateful for what the Minister is saying. Does she agree that the debate about SRE is intrinsically linked with PSHE? This is about life skills and enabling young people to deal with the challenges they will face later, by having the capacity to understand what they are facing.

--- Later in debate ---

[Caroline Dinenage]

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

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

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

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

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

[Caroline Dinenage]

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

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

[Tracy Brabin (Batley and Spen) (Lab)]

On that point, a Terrence Higgins Trust report found that 75% of young people had not learned about consent and that 95% had not been taught anything about LGBT relationships. Even the UN is calling for SRE in UK schools to be statutory. Does the Minister agree that it is time that the Government respond to that request and make SRE statutory?

[Caroline Dinenage]

Yes, the Government are looking at it as we speak. We will set out our next plans for inclusion in the Children and Social Work Bill, but we have to get this absolutely right. It needs to be done sensitively, carefully and with cross-party support. This has not been updated for the last 16 years, and my personal opinion is that respect for oneself, respect for others, healthy relationships, consent and all the other things that we really value as part of SRE and PSHE are things that we must also ensure we embody in a whole-school ethos, not just something we teach for half an hour on a Tuesday.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

Will the Minister give way?

[Caroline Dinenage]

In a moment. The existing legislation also means that Ofsted publishes case studies on its website that highlight effective practice in schools, including examples of SRE as taught within PSHE.

[Luciana Berger]

rose—

[Caroline Dinenage]

I will not make the hon. Lady keep standing up and sitting down.

[Luciana Berger]

I am incredibly grateful to the Minister. I echo the point that the time really is now. We have been discussing the issue in this House since the measure was not included in the Children, Schools and Families Act 2010. Will she confirm on the record this evening that, on Report of the Children and Social Work Bill at the start of February, the Government will either move their own amendment or support new clause 1 to ensure that we have statutory SRE in every single school in our country?

[Caroline Dinenage]

As I have already said, we are currently considering all the options and are committed to updating the House during the passage of the Children and Social Work Bill. The Minister for Vulnerable Children and Families will definitely be bringing the measure forward as part of the Bill, but the key is getting it right, not rushing it through just to satisfy loud voices on either side of the House.

[Sir Peter Bottomley]

Just to translate, my right hon. Friend the Member for Basingstoke (Mrs Miller) is talking about compulsory SRE. I would call it comprehensive SRE. Do the Government have any idea of how many young people miss out on effective sex and relationship education? Will the Government try to ensure that the number of young people who are missing out will be reduced to virtually zero within a few years?

[Caroline Dinenage]

The biology of sex and relationships is compulsory in schools, but we want to see a much broader look at healthy relationships, respect for oneself, respect for others and issues around consent. Those are all things that we have to look at very carefully as we move forward, which is why we are encouraging schools to use the Ofsted case studies as a resource while they tailor their own programmes to meet the specific needs of their pupils.

In addition, in 2014 the PSHE Association, Brook and the Sex Education Forum produced a supplementary guidance document on sex and relationship education for the 21st century, which provides valuable advice on what are, sadly, the all-too-modern issues that my right hon. Friend the Member for Basingstoke has already mentioned, such as online pornography, sexting and staying safe online. That useful guidance provides teachers with the tools to support pupils on those challenging matters, developing pupils’ resilience and ability to manage risk.

As we have heard today, social media and interactive services are hugely popular with children and young people. They can provide fantastic opportunities for them to express creativity, to learn digital skills and to improve their educational attainment but, like all forms of public communication, they come with a level of risk. The Government expect online industries to ensure that they have relevant safeguards and processes in place, including access restrictions for children and young people who use their services.

We have published a guide for parents and carers of children who use social media, including practical tips about the use of safety and privacy features on apps and platforms, as well as conversation prompts to help families begin talking to their kids about online safety. We have also funded the UK Safer Internet Centre to develop new resources for schools, including cyberbullying guidance that helps them to understand, prevent and respond to this issue, as well as an online safety toolkit to help schools to deliver sessions through PSHE on cyberbullying, peer pressure and sexting.

We are also talking directly to young people about healthy relationships. The Government Equalities Office jointly funded a £3.85 million campaign with the Home Office to launch the second phase of the “This is Abuse” campaign, called “Disrespect NoBody,” from February to May 2016. The campaign encourages young people to rethink their understanding of abuse in relationships, including issues such as sexting. It also addresses all forms of relationship abuse, including coercive and controlling behaviour, and situations including same-sex relationships. Some of the campaign materials contained gender-neutral messaging, and others depicted male victims of female perpetrators. It was targeted at 12 to 18-year-old boys and girls, with the aim of preventing them from becoming the perpetrators or victims of abuse in relationships.

As I said, we are actively considering calls to update the guidance on SRE, which was issued in 2000. The feedback we have received indicates that the guidance is already clear that young people should be learning what a healthy relationship looks like. However, we do not consider the guidance we produce to be static, and we fully recognise that there will continue to be changes to update it. We are looking at the issue extremely carefully. As I have said, it is essential that we do not rush things. We need to adopt a fresh and responsible approach and listen to a range of views from young people and parents alike.

[Lilian Greenwood (Nottingham South) (Lab)]

The Minister is rightly setting out the useful advice, guidance, toolkits, resources and campaigns that are available, but does she agree that all those things, valuable as they are, are not an alternative to ensuring that every single school in this country provides high-quality SRE to all our children and young people?

[Caroline Dinenage]

Absolutely. I agree that we need to equip all our young people to face the challenges of the modern world and everything that it throws at them. We know that SRE is an evolving and vital area of education, so we need to ensure that we have guidance that is fit for children growing up in modern Britain.

Our aim is to secure the very best teaching and learning in our schools on these issues, as a matter of priority, alongside providing the clarity for schools on what should be delivered that I know Members wish to see. We recognise that this is a really important issue, and will continue to explore all effective means to remove sexual harassment and sexual violence from young people’s lives. My hon. Friend the Minister for Vulnerable Children and Families has committed to update Parliament further during the passage of the Children and Social Work Bill. I know that he will do his utmost to achieve outcomes that keep young people safe and supported to gain the skills they need to develop healthy and positive relationships.

Question put and agreed to.

Brandon Rayat

Caroline Dinenage Excerpts

Tuesday 20th December 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Mr Hollobone. I pay tribute to the right hon. Member for Leicester East (Keith Vaz) for securing this very important debate, for the way he presented this tragic story to the House and for always standing up for his constituents with great dedication and passion. He is a great credit to them.

I express my deepest sympathy to Brandon’s mother, father and brother and to all his family and friends. His untimely and utterly tragic death is the reason why we are having this debate. We must do all that we can both to stop bullying happening at all and, crucially, to recognise and support the victims.

The right hon. Gentleman rightly asked what we could have done to prevent this tragedy. When children are victims of bullying, it is vital that professionals listen to them and their families and take seriously what they say. The bullying of Brandon and its consequences were not missed—not by his parents, his school or other services. His family tried and tried to get help, and the school and child and adolescent mental health services were involved. All of that needs to be investigated very carefully.

However, as the right hon. Gentleman pointed out, Brandon’s tragic death will be the subject of a coroner’s inquiry in the new year. I cannot pre-empt the findings and say at this point what specific organisations such as the Judgemeadow school should have done; that will come out of that inquiry. But whatever comes out of the inquiry, we must ensure that the vital lessons are identified, learned and put into practice to help prevent such a devastating event from happening again and families from suffering in a similar way.

The right hon. Gentleman raised a number of important issues and questions that I would like to address. First, let me say that bullying, for whatever reason and in whatever circumstance, is absolutely unacceptable and has no place in our society. As we have seen, it has had a devastating effect on Brandon’s family, but it has also blighted the lives of many other young people. We cannot simply dismiss bullying as part of growing up. Even when it does not have consequences as appalling as those that we have heard about today, it can have a profound and, in many cases, very long-lasting effect on the lives of children and young people and affect their education and long-term mental health.

The Government have sent a clear message that bullying is not to be tolerated in our schools. Every school is different, and individual schools are best placed to decide how best to tackle bullying as part of a wider set of activities regarding behaviour and discipline. We have trusted our headteachers and school staff to identify the circumstances surrounding bullying in their schools, to prioritise those issues, to drive their own improvement and to share best practice among themselves.

Schools have a specific legal duty to have a behaviour policy, which must include measures to prevent all bullying among pupils, including cyber-bullying. Teachers have powers to tackle cyber-bullying by searching for and, if necessary, deleting inappropriate messages or files on electronic devices, including mobile phones. The role of schools is so important. They must absolutely be held to account for how well they tackle and respond to bullying. That is why Ofsted inspections now look specifically at what schools do, examining their records and procedures and what pupils and parents say about how the issue of bullying is dealt with.

We must ensure that schools are supported to tackle bullying and that they can learn from one another. I was fortunate enough to meet during Anti-Bullying Week a couple of weeks ago some really inspiring teachers who have made a real difference to children’s lives through the way they have addressed the issue. My Department has provided £4.4 million of funding to tackle bullying. That includes £1.6 million for four anti-bullying organisations to support schools in tackling the issue, programmes to look at how incidents can be reported to schools more easily, and training for 4,000 young people to become anti-bullying ambassadors in schools and lead campaigns to empower others. We also recently published dedicated cyber-bullying guidance and an online safety toolkit for schools. Those resources will help schools to understand, prevent and respond to cyber-bullying, and can be accessed on the UK Safer Internet Centre website.

Beyond school, social media bring new challenges for young people. Bullying now goes beyond the school gates, which is why we have given schools greater power to deal with incidents outside school. The Government are absolutely clear that what is illegal online is illegal offline. Whomever bullying is aimed at, it is totally unacceptable. I can fully appreciate the desire of Brandon’s family for a change in the law to make cyber-bullying a specific offence. At the moment, the law does not differentiate between criminal offences committed on social media and those committed anywhere else. That means that the actions are illegal wherever they are committed, whether online, in the street or at school. The law as it stands can be used to prosecute online abuse. It is imperative that the individuals committing criminal offences, whether they are making threats of violence or sending grossly offensive messages, are caught and punished appropriately.

Any death by suicide is an absolute tragedy. Suicide is a leading cause of death among young people, and particularly among young men. Our challenge is to recognise the factors that pose the greatest risk and identify those most at risk, so that we can intervene effectively.

We recognise that our services that provide young people with access to specialist mental health support are in need of transformation. Too often when seeking help, children and their families are passed from service to service and face a succession of barriers and thresholds. The right hon. Gentleman rightly asked what threshold Brandon needed to meet and what an effective service would look like. The challenge to us all is to ensure that services come together to provide effective support to those who need it. The question should be not “Do you qualify for my service?” but “What can we best do between us to provide the support that you need?” To support that transformation, we have made £1.4 billion available to ensure that clinical commissioning groups develop local plans detailing how they will improve all aspects of mental health provision.

Our refreshed suicide prevention strategy will, as the right hon. Gentleman asks, acknowledge bullying as a potential contributing factor to suicide in children and young people and will therefore reference the importance of schools and links with schools. It is vital that schools and mental health services work more effectively and more closely together. We have recently been running a series of pilots on that, and we plan to learn from them. We are also taking forward a range of projects across Government on online mental health safety, including funding research into the effects of the internet on mental health and suicide risk, developing digital resilience strategies for children and young people and working in schools to improve mental health awareness and promote mental wellbeing.

The right hon. Gentleman rightly paid tribute to Cheryl Armatrading and Amy Morgan, who tragically lost their sons to knife crime. The Government’s modern crime prevention strategy sets out a range of measures to strengthen our response to knife crime, including working with the police and industry to ensure that there are effective controls on the sale of knives, spreading best practice and delivering measures designed to deter young people from carrying knives. We will continue to work with the Home Office to ensure that every step is taken to protect children from violence. We know that intervening early can help to prevent young people from becoming involved in gang and youth violence in the first place. That is one of the priorities in our approach to ending gang violence and exploitation, and we are working with partners to take that forward.

I am really pleased that the right hon. Gentleman has raised this incredibly important issue today. Bullying is completely unacceptable in any circumstances, but especially when it leads to unspeakably tragic events such as those that we have heard about today. It is vital that everyone is aware of their responsibilities and acts accordingly when they see or hear about bullying, in whatever form it takes. When everyone plays their part in tackling bullying, we will have a society that is respectful and tolerant of all—a place where everyone feels safe and valued. I hope that we can continue to work together to ensure that we build such a society.

I pay tribute to Brandon’s parents and brother for coming here today. I am a mother of two sons and I can only imagine the horrific pain that they have gone through this year. The fact that they have come here to campaign to ensure that other parents do not have to experience the same suffering is incredibly admirable. To do them justice, it will be incumbent on all of us—the Government, councils, health services and schools—to look very carefully at the outcome of the reviews of Brandon’s case and ensure that we all, at every level of the system, make the changes necessary to put the lessons into practice.

Question put and agreed to.