Oral Answers to Questions
Graham P Jones Excerpts(7 years, 1 month ago)
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Mr Gibb
I pay tribute to my hon. Friend for the way in which he has fought for improvements to the Marjorie McClure school, which was visited by my hon. Friend the Minister for Vulnerable Children and Families. It was successful in its bid, and it is already in the feasibility phase. The Education Funding Agency has started to identify the options available to address the condition of the building, so that we can say that we do know where and we do know when.
Graham Jones (Hyndburn) (Lab)
Headteacher Steve Campbell, who runs The Hollins, a fantastic state school with great results in my constituency, has had problems trying to provide better sports facilities. He was supposed to have Better Schools for the Future funding in 2010, but that was pulled. It now seems that there is no hope of the children in this outstanding school getting decent sports facilities. Why is that?
Mr Gibb
There is £420 million available under the healthy schools capital programme. That is all part of £23 billion that we are spending between now and 2020-21 to maintain, rebuild and replace buildings in the worst condition. None of that would be possible if we did not have the strong economy that we have today and that we did not have when the hon. Gentleman’s party was in power.
Draft Coasting Schools (England) Regulations 2016
Graham P Jones Excerpts(7 years, 5 months ago)
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The Minister for School Standards (Mr Nick Gibb)
I beg to move,
That the Committee has considered the draft Coasting Schools (England) Regulations 2016.
It is a pleasure to serve under your chairmanship, Mr Gray.
Earlier this year Parliament debated and approved the Education and Adoption Act 2016, which for the first time gave the Secretary of State powers to identify, support and take action in coasting schools. It also placed a duty on the Secretary of State to set out in regulations what “coasting” means in relation to a school. The draft regulations, which were laid before both Houses on 20 October, fulfil that requirement.
The Government are dedicated to making Britain a country that works for everyone, not only the privileged few, which means providing a good school place for every child—a place that offers children the opportunity to fulfil their potential and to go as far as their talents will take them. Over the past six years, thanks to our reforms and the hard work of school leaders and teachers, nearly 1.8 million more children are in schools rated good or outstanding than in 2010, and it is a pleasure to see my right hon. Friend the Member for Surrey Heath, the former Secretary of State for Education, in the Committee.
Our free schools and academies programmes have meant that strong schools and school leaders have been able to extend their success more widely throughout the school system to open up a greater diversity of provision. Our new, rigorous national curriculum and redeveloped qualifications are equipping children with the knowledge they need to succeed. However, a good school place is still out of reach for too many children, so we know that there is more to do. Our coasting schools policy is about identifying schools, whether academies or maintained schools, that are not doing enough to help pupils fulfil their potential. We want to ensure that such schools have the support they need to make improvements so that every child has access to the best education.
To target support at the schools that need it most, we have developed the coasting definition set out in the draft regulations. The definition is clear, transparent and data-based so that schools will be in no doubt about whether they have fallen within it. It focuses on the progress that pupils make in a school, recognising the differences in intake by looking at the starting point of pupils rather than only their attainment. It considers performance over three years, so that we can identify and support schools that have struggled to stretch their pupils sufficiently over a number of years, not those that have simply suffered an isolated dip in performance.
The definition will identify those schools that are struggling to ensure that pupils reach their potential. It will allow the right support to be put in place so that they may improve and give pupils the excellent education they deserve. As the Committee can see, the three-year coasting definition contains interim measures for performance in 2014 and 2015, and new measures from 2016 onwards. That is because the accountability system against which performance in primary and secondary schools is measured changed in 2016. I am aware that that makes the coasting definition more complicated in 2016 and 2017, but that approach is fairer to schools. The coasting definition is therefore based on the measures that schools were already working to in those particular years. The definition will, of course, be simpler from 2018 when the interim measures no longer apply.
Subject to Parliament’s approval of the draft regulations, regional schools commissioners will identify and start to support the first coasting schools early in the new year, once the revised 2016 results are published. A school must be below the coasting thresholds in all three years—2014, 2015 and 2016—to fall within the overall coasting definition. A primary school will fall within the definition if in 2014 and 2015 fewer than 85% of pupils achieved level 4 or above in reading, writing and mathematics, and less than the national median percentage of pupils achieved expected progress in reading, writing and mathematics; and in 2016—
Graham Jones (Hyndburn) (Lab)
The Minister has raised the crux of the 2016 Act, which I have raised previously. A coasting shire school with a great intake of pupils, such as in Hertfordshire or Buckinghamshire, is not going to fail the second of those assessments and be below the national median because its pupils will probably do quite well. What assessment has the Minister made of which schools will fall under the definition of coasting by indices of deprivation, demographic and urban geography?
Mr Gibb
The hon. Gentleman raises the issue of attainment in a primary school, so I assume his intervention is based on the primary school definition rather than secondary school definition, which is based purely on progress. We are unapologetic for including attainment as well as progress in the primary school measure, because it is important that every young person at primary school reaches a certain threshold of achievement if they are to succeed at secondary school.
In response to the hon. Gentleman’s specific question, where the schools that fall within the definition appear geographically and in terms of deprivation will become clear once the final figures for primary schools are published later this month. We will then see specifically which schools fall within the definition of coasting.
As I was saying, the regulations mean that a primary school will fall within the definition if in 2014 and 2015 fewer than 85% of pupils achieved level 4 or above in reading, writing and maths, and below the national median percentage of pupils achieved expected progress in reading, writing and maths; and if in 2016 fewer than 85% of pupils met the new expected standard in reading, writing and maths and the school’s progress scores were below minus 2.5 in reading or below minus 3.5 in writing or below minus 2.5 in maths.
A secondary school will fall within the definition if in 2014 and 2015 fewer than 60% of pupils achieved five or more A* to C grades at GCSE, including English and maths, and below the national median percentage of pupils achieved expected progress in English and maths; and if in 2016 the school’s progress 8 score was below minus 0.25.
That definition of coasting, with the exception of the thresholds for the 2016 progress scores, was first published in June 2015 and informed much of the debate and scrutiny during the passage of the Education and Adoption Bill in the first Session of this Parliament.
Graham Jones
I am grateful to the Minister for being candid. I understand that there is a bigger attainment element because there is no progress 8 in primary schools but, in secondary schools, there is an attainment level assessment. In years 2014 and 2015 the assessment is based on A* to C GCSE grades. There is an attainment aspect of secondary school forced academisation because that is essentially what we are talking about. The proposed legislation is about forced academisation of working-class schools in working-class neighbourhoods. Is that not true?
Mr Gibb
To take the last part of the hon. Gentleman’s intervention first, it is not about forced academisation. It is about ensuring that the eight regional schools commissioners can target additional support to those schools in whatever area of the country—north or south, wealthy or less wealthy—to ensure that they have the right support to ensure that every pupil in those areas fulfils their potential. It is about getting national leaders of education, and getting stronger schools to support schools that are not performing as well as they ought to be, to ensure that parents can be confident that when they send their child to a local school it is a good school. That is the objective of this Government and I am sure that that is his objective.
Graham Jones
I appreciate the Minister’s sentiment, but I question the application. The right hon. Member for Surrey Heath, who is in the room, is a big advocate of academisation. That policy seems to be carrying on. I went to what might be described as a Conservative school. It was guaranteed to get 60%. Forty years ago when I was there, I thought it was coasting. Why should it be exempt? Under the 2014 and 2015 element of the assessment, it would be exempt, yet the working-class school down the road was far better, although the intake did not have the ability.
Mr Gibb
Yes, but the hon. Gentleman is referring to the position as it was. The metrics on which schools were being held to account for many years was the proportion of their pupils who achieved five or more good GCSEs. We have changed that. From 2016, the judgment will be based on progress 8—the level of progress made by the school. That will deal with all the issues to which the hon. Gentleman refers. We want to spread the measure over three years to ensure that one particular year does not lead to a school falling into the definition. What we cannot do when providing a legal definition of coasting is go back and have different metrics from those that the schools expected at that time. That is why we have combined an attainment figure and a progress measure for the years 2014 and 2015. It is complex, but we believe that is the fairest way to hold schools to account.
We held a public consultation on our proposed coasting definition in autumn 2015, which sought views on the definition and on an illustrative version of the regulations. A range of views were expressed in the responses. Although there was some disagreement with the premise of identifying coasting schools, as the Secondary Legislation Scrutiny Committee recognised, there was wide support, including among those who were otherwise opposed to a definition, for the use of a progress measure as the basis of a coasting definition. Many respondents felt that that was the fairest and most effective way of identifying those schools that are failing to ensure that pupils reach their full potential.
I am aware that the Secondary Legislation Scrutiny Committee was concerned that the regulations would have a greater impact on schools than suggested in the accompanying explanatory memorandum. I reassure the Committee that that is not the case. Since the scrutiny Committee reported, we have published a statistical note with our provisional estimates of the number of schools that will meet the definition when revised 2016 results are published. That shows that about 800 schools—just under 5% of schools with eligible results—are likely to fall within the definition based on their provisional data. Some of those schools may also be below the floor standard or be judged inadequate by Ofsted. They would already be working with regional schools commissioners to improve their performance. For those schools, being identified as coasting will not necessarily lead to any additional action.
Mr Gibb
The hon. Gentleman asks a perfectly reasonable question and I will come back to him during the debate to give him those precise figures if they are available.
As I was saying, falling within the definition will be the start of a conversation. Regional school commissioners will talk to all the schools identified, whether they are academies or maintained schools—I respect the hon. Gentleman’s point—to understand the wider context and decide whether additional support would help them to improve. The RSC may decide that a school is supporting pupils well or has a sufficient plan and the capacity to improve itself, and that therefore no further support is required. Alternatively, the RSC, working with the school, may consider that additional support is needed from, for example, a national leader of education or a high-performing local school. The RSC will then work with the school to help it to put that support in place.
In some cases, the regional schools commissioner, following discussions with the school, may think that a more formal approach is required. For maintained schools, the RSC may use the Secretary of State’s power to require the school to accept support or to change the membership of its governing body. For academies, the RSC may issue the academy trust with a warning notice setting out the improvement action required.
We expect that the regional schools commissioners will use the Secretary of State’s power to direct a coasting maintained school to become an academy, or to move a coasting academy to a new trust, in only a small minority of cases, which addresses head-on the point made by the hon. Member for Hyndburn.
Graham Jones
I accept that point. Will the Minister roll that argument on and tell me how a coasting free school will be affected?
Mr Gibb
The coasting definition in the regulations applies just as much to free schools and academies as it does to maintained schools. If having worked with the trust board of that free school there is a concern that it is unable to improve standards, there will be a re-brokerage of that school to another multi-academy trust with a stronger track record of school improvement and overseeing academies.
We do not believe that the regulations will place a significant or unreasonable burden on the schools system. All schools will already be working to ensure that they continue to improve and provide the best education they can for their pupils. Where more support is needed to help a coasting school to improve, we will ensure that that is put in place. Structural change through conversion to an academy or a change of academy trust will happen in only a small minority of cases and only where it is not possible to achieve the necessary improvement in any other way. Where that is the case, we will provide the new sponsors of the schools with additional funding to support the change. It is not unreasonable or overly burdensome when it is the only way to ensure that pupils receive the excellent education that they deserve.
I know that the Committee supports our ambition to ensure that all pupils, whatever their background, receive an education that enables them to fulfil their potential. I hope that, having seen the detail of our proposed coasting definition and heard about the principles that underpin it, the Committee will also agree that the definition set out in the regulations is the right one. I therefore commend the regulations to the Committee.
Mr Gibb
No, what I am saying is that the KPIs are evolving in the same way as the role of the regional schools commissioner is evolving. As that role evolves, and as new responsibilities are given to the regional schools commissioner, so the KPIs have to be revised and amended to reflect those new responsibilities.
The hon. Gentleman asked about the split between academies and maintained schools. As far as primary schools are concerned, he is right. On the basis of the provisional data for 2016 and the previous two years, about 373 local authority primary schools will fall within the definition, along with 106 academies. In terms of secondary schools, 151 local authority maintained schools and 176 academy schools fall within the definition.
Graham Jones
I am grateful for the Minister’s generosity in giving way and tackling some of these questions. Is this a quota for the number of academy schools? We see figures such as 400 out of 800 schools, or the figures that the Minister has just given. Are they quotas that ought to be achieved by those making the decisions about how many academy schools there should be?
Mr Gibb
No, there is no quota. Coasting is not about academisation, as I have tried to say a number of times. The measure is about ensuring that schools get the support they need to improve, so that the pupils at those schools get the education they deserve in order to fulfil their potential. That is what this is about in toto. I hope the hon. Gentleman accepts that.
The split between academies and maintained schools at secondary level reflects the fact that more than 60% of all secondary schools are now academies. The sponsored academies have a history of poor performance, which is why they became sponsored academies. I am not surprised by the split of the numbers of academies and the numbers of maintained local authority schools at key stage 4 at secondary level that would fall within the definition.
The hon. Member for Wythenshawe and Sale East asked whether we will name those schools that fall under the definition. Coasting is not about naming and shaming, and we will not publish a list of schools that fall under the definition. It is about support. The first coasting schools will be identified after the final 2016 results are published. We will not make that contact on the basis of the provisional results because they change.
Mr Gibb
Within the context of this debate, it is obviously key that schools are properly funded. We have ensured that core school funding has been a priority. We also want to ensure that there is fair funding and we will be making an announcement shortly on the second stage of that consultation. We consulted on the principles behind the national fair funding formula. We are absolutely determined to ensure that the historical anomalies and unfairness of the current funding system are addressed, which is something that was not delivered by the last Labour Government.
Graham Jones
Coasting schools—or even failing schools, because they are not coasting—could be an issue in my constituency because of falling school rolls for example. That would deplete school funding and resources and make the school unable to provide the quality of education that would be expected at a school with a full roll. Will the Minister take such considerations into account when discussing the funding formula and coasting schools? My constituency has a declining population, for example, and that clearly has an impact on the school roll, school budgets and, therefore, school performance.
Mr Gibb
The hon. Gentleman will notice from the first stage of the consultation all the different factors that will lead to determining the fair funding formula. They include things such as low prior attainment of pupils and sparsity. There will be a fixed sum for every school to enable small schools to cope with fixed costs. All the issues that the hon. Gentleman raises are reflected in the principles established in the first stage of the consultation. The decisions that we are making now are on the weighting of those factors, which we will announce and consult on very shortly.
I want to refer to the issues raised by the hon. Member for Stoke-on-Trent South. He is right and we accept all the criticism that he makes. The regulations are complex. That is because from a legal point of view they have to pinpoint precisely and unambiguously which elements of the performance data the coasting definition relates to. The only way to do that is to refer to the unique column names in the data files that underpin the performance tables each year. We recognise that that does not make the regulations particularly user-friendly, but it was necessary to draft them in that manner to ensure that they were legally effective.
Schools will not have to rely on the regulations to understand the coasting definition; the requirements are also set out clearly and in plain English in the wider technical guidance on accountability for primary and secondary schools. Schools also understand where those numbers come from for their own school and nationally. On that basis, I hope that the Committee will support the regulations.
Schools White Paper
Graham P Jones Excerpts(8 years ago)
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Graham Jones (Hyndburn) (Lab)
I would like to put on the record the fact that my partner is a school governor at St John’s in Baxenden.
The point I want to raise is the negative impact that forced academisation will have on grant-maintained local authority nurseries. In an answer given to my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) on 22 March, the Minister said—I summarise—that at some point in the future, the Government would think about whether state nurseries would be forced to become academies.
As of 4 March this year, there were 41,227 young pupils in grant-maintained nurseries at 406 nursery schools in England. Some authorities have very low numbers of such pupils in schools, and the plain fact is that small nurseries with small class sizes are not big enough to academise. Their size and nature mean that they cannot afford to procure central services themselves, so they are reliant on the local education authority. This ideological shambles of forced academisation has resulted in the Government having to leave these nurseries out on a limb. Councils will still have to retain core educational support services.
What comes next for these local authority nurseries? In the meantime, with an uncertain future, they are unable to plan. The Government have injected a huge degree of instability. The all-party parliamentary group on nursery schools and nursery classes reported last month that there is growing evidence that the maintained nursery schools in particular are at risk of closure.
We must remember the important difference between primary education and early years childcare. Early years childcare is a multi-agency environment. Many of these nurseries are already losing co-located services and income because of this Government’s policies. The outrageous cut of £685 million from Lancashire county council has resulted in one of my local authority nurseries, Fairfield, losing the presence and shared cost base of its neighbourhood centre, as the county council consolidates and contracts these services.
It is not just damaging cuts and forced academisation that threaten these LEA nurseries, because the Government’s shambolic unplanned provision for increases in free childcare has also created problems. The net result is chaos for the UK’s two, three and four-year-olds and their parents. According to the House of Commons Library, in Bristol alone, 23.2% of three and four-year-olds attend LEA nurseries, while in my own county of Lancashire, 15.3% of three and four-year olds attend them. Let us not forget that parental choice is about choosing high-quality, state-provided nurseries. Local education provision is important to parents, who want fully qualified staff and support services. The reality today is that this Government have no answer to the forced academisation programme, and grant-maintained nurseries are going to suffer as a consequence.
Education and Adoption Bill (Tenth sitting)
Graham P Jones Excerpts(8 years, 10 months ago)
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Mr Gibb
Some other jurisdictions use performance data to evaluate school performance, but we are not aware of a definition of “coasting” in use internationally that could be used as the amendment proposes. Relatively few education systems internationally have the quality of reliable performance data in the public domain that we have in this country.
Amendment 76 would require the regulations defining coasting schools to include other factors, such as the number of pupils in a school and their socioeconomic background. Some of those factors are relevant when reaching a considered assessment about whether to intervene and what action to take, and that is what regional schools commissioners will do.
Although schools will not be identified as coasting until 2016, the Department already uses discretion and takes additional contextual school data into account when making decisions about school improvement. For example, Morgan’s Vale and Woodfalls Church of England voluntary-aided primary school in Wiltshire applied to convert as a stand-alone academy. It was due to open in September 2013 but its key stage 2 results fell by 10 percentage points. As our policy is to allow only schools that are performing well to convert without a sponsor, we looked carefully at the school’s circumstances before deciding whether to allow it to open as an academy. It is a small school with fewer than 90 children on roll, and only 12 pupils took the test in 2013. The Department recognised that each child’s performance would have a significant impact with such a small cohort. Given that context and that the school had a track record of performing above the national average in previous years, Ministers at the time decided to allow the school to convert. In 2014, 100% of pupils achieved level 4 or above at key stage 2.
While many of the factors proposed in the amendment are ones that regional schools commissioners will take into account when deciding what action to take for a coasting school, it would not be appropriate to specify them all in the regulations that define coasting. It is important that the definition of coasting is simple, transparent and based on established, published performance data, so that schools and others can easily identify whether they are coasting and understand the basis for determining that.
I am reminded of our debate this morning about schools in leafy suburbs and whether the attainment level is appropriate for pupils of those schools. In particular, the hon. Member for Hyndburn referred to the 85% attainment level. However, only a small proportion of primary schools would fall into the category above 85%. Only 16% of schools currently have 85% or more of their pupils achieving the new, higher expectation of an equivalent of level 4b. When we add to that the fact that a school needs to achieve that for three years, it becomes a very small proportion.
We want all pupils to reach the level of attainment that makes them ready for secondary school. We therefore make no apology for having an attainment level, because we want to push the level up so that more—in fact, all—pupils are ready for secondary school when they leave primary school.
Graham Jones (Hyndburn) (Lab)
I am grateful to the Minister for raising that point. Will he explain what he intends to do for the 16%, or thereabouts, of schools that are above the 85% threshold?
Mr Gibb
It will be less than 16% because we have to take into account the three-year requirement. As my hon. Friend the Member for Portsmouth South pointed out, other tools can be used to ensure that those schools are performing well, one of which is Ofsted. Ofsted is quick to point out in its judgments when schools are not delivering for every ability range, which can lead a school to go into special measures despite having high attainment levels.
Amendment 80 would require a certificate from the UK Statistics Authority each time regulations are made, to certify that statistics have been used correctly. The data published in performance tables have been used for many years to assess schools’ performance and hold schools to account for the outcomes that they achieve. Those are the data we have used for many years to set the floor standards that determine when schools are failing to achieve our minimum expectations, and the data used by Ofsted in inspections and by schools to evaluate their own performance relative to others and to identify areas for improvement. The data are classified as official statistics and published in official statistical first releases every year. The DFE is currently working towards the designation of the data as national statistics. That is the highest quality mark that the UKSA can give official statistics. I am, therefore, very clear that the data we will use to define coasting schools are robust and independently verified. In light of that and the other arguments I have made, I hope the hon. Gentleman will withdraw the amendment.
Kevin Brennan
Yes, and my hon. Friend has cited in an exemplary way the oral evidence that we were given, in order to bring home that point. It is a real point, and I am sure it is one that will emerge very strongly during the discussion of the Government’s draft regulations. That is because these schools are supposed to be the “coasting” schools, as defined by the phrases used by the Secretary of State, and not the ones with weaker-ability intakes, which seem to be destined, as per the evidence we heard from witnesses at the oral evidence sessions, to be hammered by the new definition.
However, there was a big difference in the approach that we had proposed previously. There was an interesting article recently in Schools Week by Laura McInerney, which I will quote from:
“Labour define coasting schools as those with GCSE scores above a threshold BUT have below average progress. Labour’s plan specifically targets the schools doing well in terms of their GCSE pass rates but whose pupils, having come in with average-to-high ability rates, only come out with Bs or As – rather than A*s.”
She went on:
“This compares to the current Conservative definition which specifically protects these sorts of schools by stopping any school above a 60% GCSE pass rate threshold from being considered as ‘coasting’. As datalab’s research shows this helps stop schools in wealthier areas – ‘the leafy suburbs’ – from being hit.”
I know that the Minister will go on to argue that if this is a problem—he does not seem to accept that it is—it will all disappear after 2018, because at that time “coasting” schools will be defined only by a progress measure. So, if we have got a problem here, I assume he will say, first, that it is not really a problem, and secondly, that if it is a problem at all, it will go away in time.
The problem is that schools with high-ability intakes tend to progress more quickly than those without such intakes. We should all be passionately interested in why this is. I think we can agree that we want to find ways to tackle that. Presumably, the Minister is hoping that Government policy is the way to do that so that people from a lower start can progress as quickly as people who have started from a higher level. We can debate that and have different views about the best way to achieve it, but I am sure it is an aim that we all share. However, that is not what the Secretary of State was talking about in relation to coasting schools when she made her remarks. In the absence of any other approach to coasting, the Government will end up targeting only schools with poorer intakes, rather then those in the leafy suburbs, which I thought was supposed to be the central point of the policy, certainly according to what the Secretary of State said.
What do the Government intend to do about these schools once they have been identified? We are told:
“Those that can improve will be supported to do so by our team of expert heads, and those that cannot will be turned into academies under the leadership of our expert school sponsors”.
The suspicion remains that forced academisation is really what this is all about, particularly in view of the academy performance targets that the seven remaining regional schools commissioners have, and of the point that was made in the Conservative manifesto.
There is also no sensible account in these proposals about the interaction between Ofsted and these measures. This came up in our oral evidence sessions. Are we going to get schools rated good and outstanding one week, only to be deemed to be coasting the very next week? How will staff, parents and pupils make any sense of it if they receive a letter from the school saying, “Our school has been rated ‘good’” or “Our school has been rated ‘outstanding’” one week, and the very next week they get a letter saying, “Our school is deemed to be ‘coasting’”? How will they, let alone the general public or the media, make any sense of it? What kind of headlines would it produce in the local papers for Members of Parliament concerned about schools in their constituencies? Will the Minister explain how that kind of situation would be managed? Would it have been better for some kind of interaction to be thought through between Ofsted and the coasting regulations and the way in which regional schools commissioners react to the coasting definitions? Could they have been made to interact more effectively so that such apparent anomalies would not arise? Perhaps the Minister is not worried about it, but it seems to me that it will cause confusion in the system.
Graham Jones
My hon. Friend makes a point about the forced academisation of some schools in the “leafy” suburbs. Some schools in the “leafy” suburbs to the north of me are very small. We talk about class sizes of 30; I am not sure that some of these have school sizes of 30. Is an academisation process in those “leafy” suburbs unwelcome and perhaps financially unviable? Do they need to remain within the local authority education system?
Kevin Brennan
My hon. Friend is better placed than me to comment on the schools in his area and his constituency, but he makes a very valid point when he say that the size of schools should be taken into account when considering these kinds of interventions and approaches.
A big difference between the approach that we favoured towards coasting schools and the current one is that we proposed a comprehensive package of support to help these schools improve.
Education and Adoption Bill (Ninth sitting)
Graham P Jones Excerpts(8 years, 10 months ago)
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Graham Jones (Hyndburn) (Lab)
On a point that I raised during the evidence sessions, the Minister talks about progress 8 measurements, but will he go on the record and tell us where an assessment of parental contribution is included in the measurement of coasting schools? The issue of coasting schools in my region is largely in affluent areas and relates to the work that parents do that substitutes for the work of teachers. Will he address that point?
Mr Gibb
It is my view that the background of a child and the support, or lack of support, from parents should be irrelevant. The school should be helping children, regardless of their circumstances. So if a child does not have support from parents when they attend school, the expectation is that the school will make up that help. That is the purpose of the pupil premium. This is significant extra funding— £1,300 for every child in a primary school, nearly £1,000 for every child in a secondary school—because we are determined that, whatever the background or ability of a child, they should get the best education possible. That is the core social-justice objective behind all our school reforms for the past five years.
Graham Jones
The Minister refers to the pupil premium, so we gravitate back to deprived areas, not affluent areas. In affluent areas, some children will receive the pupil premium, but far fewer. In some cases, it will be next to none or none. I am talking about affluent areas where the pupil premium is negligible. What about schools in those areas that do not receive the pupil premium and where the work of teachers is being substituted by the efforts of parents at home? How do we make an assessment of those two pillars of a child’s education?
Mr Gibb
Children from more deprived backgrounds attending those schools will also be expected to achieve well. That is why we are using a progress measure so that the school will benefit from helping those children to achieve well, regardless of their starting point. The metrics will reflect the support given to those children. The new metrics, which move away from focusing on the C/D borderline, or the level 4c/3a borderline in primary schools, will give schools in affluent areas more incentive to help children who start school at a low level than the previous metrics, which have been in place for a number of years.
Graham Jones
It strikes me that we do not have any measure of tiger mums or tiger dads in all this. They play a crucial role in a child’s education, complementary to the education system, the school and the teachers. Where that effort is being made by tiger mums and tiger dads, how do we measure a coasting school?
Mr Gibb
No one should criticise parents for taking an interest in their children—we should be encouraging it throughout the population. The more children are read to by parents in their early years and throughout their childhood, the more effective readers those children will be in later life. It is a good thing for parents to support their child’s education, and we need to encourage rather than penalise that. I think that the hon. Gentleman is trying to say that schools may actually be coasting, but the metrics and the performance of that school may not reflect that fact because it is masked by the help that parents give to children at home. [Interruption.] That is a valid point, but if the metrics show that all the children at that school are—by hook or by crook—achieving the expected level or beyond by the time they leave primary or secondary school, then that is a good thing.
We are worried that pupils are not progressing to their maximum potential. If the schools to which the hon Gentleman referred are not delivering a high level of achievement for those pupils who do have support from home, then that will be revealed in the progress measures. If a child starts primary school at age four or secondary school at age 11 with a high level of attainment because they have had support from their parents and the school is not adding value beyond the help that they already had before starting at that school, that will be reflected in the progress measures, both progress 8 and the progress measure at primary school.
Graham Jones
The Minister draws on a point that was raised in the evidence session, which was the accelerant or social gradient that occurs in most affluent communities. He talks about measuring from the beginning to the end and seeing an improvement, and otherwise a school will be defined as coasting. However, we heard in the first evidence session that there is an accelerant in this. There is a social gradient, in which affluent kids bound onwards. Their educational improvement is not just linear but actually accelerates. Therefore, there will still be a problem in measuring the level of improvement for those children.
Mr Gibb
I will have to think further on what the hon. Gentleman says. I remain confident that the progress measure will reflect a lack of progress by pupils, at whatever speed and whichever point during their school career they make or fail to make the progress that they should be making, given their starting point. I understand the point that the hon. Gentleman makes about Rebecca Allen’s evidence in our first evidence session. She said that in non-affluent areas there might be a disincentive for schools to recruit high-ability teachers. She felt that those schools were unfairly penalised by the metrics that we used, and we were therefore compounding the problems that those schools faced by making it difficult for them to attract highly able teachers. The argument against her viewpoint is, of course, that you cannot have lower expectations for schools in more deprived areas than for schools in leafy suburbs. That is why we are determined to tackle coasting schools using the same metrics in more deprived areas as in affluent areas. We expect every child to receive the same quality of education as a child in a leafy suburb, regardless of their background.
Graham Jones
The Minister refers to all coasting schools. However, in my experience and drawing on my past comments, I do not believe that all coasting schools will fall under this remit or fall foul of the guidelines and regulations, because they are themselves subjective. These are the Government’s regulations and the Government’s definition of what it means to be coasting. I must place it on the record that this is a subjective measure, and some schools in affluent areas where there are excellent parents will be coasting. It is to my disappointment that those schools will probably not cross the Minister’s desk.
Mr Gibb
I understand the hon. Gentleman’s point that there are some schools in affluent areas where the attainment level is so high that they will not fall within the definition of coasting. His argument is of course that those children have high attainment because of their parental and family backgrounds. However, this will be caught in due course, particularly at secondary level when the only measure to define a coasting school will be the progress measure.
Graham Jones
The Minister’s answer is illuminating. He says that this will eventually be caught at secondary school level. Surely that is unacceptable, and those children should also be given the best education at primary school level. Primary schools that are coasting should be caught too, because early years education is fundamental. We should not have to rely on coasting schools being caught at secondary school level. It seems to me that the Minister has highlighted a flaw in his own argument.
Mr Gibb
At primary school we have an attainment level as well as a progress measure. The attainment level is 85% of pupils at the school achieving the expected level in reading, writing and maths. That is a very high level of attainment, and in due course that level can be raised. We spent the previous Parliament tackling failing schools. As a result of measures that were regarded by many Opposition Members as controversial, centralising and draconian, 60% of secondary schools and a rising percentage of primary schools are now academies. More than a million pupils are now in “good” or “outstanding” schools as a consequence of that policy. In this Parliament we are continuing that remorseless tackling of failure. That is why the Bill brings in an automatic academy order in the case of a school in special measures.
We are also now turning our attention to coasting schools, which is a development of what happened in the previous Parliament. We are taking it a stage further. As a first stage we have an attainment level of 85% and a measure of progress, so that schools with lower attainment but very significant progress will not fall within the definition. If the hon. Member for Hyndburn wants to press us to have an even more rigorous definition of coasting—and I hope he will respond to the consultation measure—we are always happy to be pushed to do more faster when it comes to tackling failure and underperformance in our schools. We felt that this was a fair definition, with a very high level of attainment in the first instance.
Mr Gibb
My hon. Friend never misses an opportunity to advocate on behalf of his constituency. He did it within days of arriving in this place and he continues to do it, arguing for fairer funding for those local authorities which, for historic reasons, have an unfair system. In fact, I am surrounded by hon. Members who continue to make this point, which has not failed to register with me and with the Secretary of State.
Graham Jones
The Minister rightly makes a clear distinction between primary and secondary schools. Secondary schools have larger catchment areas, are under greater scrutiny and are more likely to be identified as coasting. He draws on the issue of primary schools and I concur with his comments. I am deeply concerned that this is an issue about deprivation when, actually, it should be about schools in affluent areas. That is where coasting occurs and the Bill should be targeted at affluent areas where coasting schools exist. There are smaller schools, primary schools with small intakes in affluent areas, where the parents are doing the bulk of the work and the teachers, in some cases, are not stretching themselves and stretching the middle-class, or more wealthy, affluent pupils. I want the Minister to focus on that. He is right to say that the greatest problem of coasting may occur at primary school level in affluent areas. Let us move away from deprivation and focus on affluence, because coasting primarily occurs in affluent areas, in my experience.
Mr Gibb
The hon. Gentleman makes an important point. These are issues we have addressed and considered. A step-by-step approach is needed to tackle under- performance in our schools. We tackled failure in the last Parliament; we continue to tackle failure in this Parliament. We now have a definition of coasting for primary schools that includes attainment, but it is a very high level of attainment: 85% is a high measure of attainment in reading, writing and maths, combined with a progress measure. We think that that is the right approach for now.
Of course, we are always open to people responding to the consultation process, but our focus has been and remains on areas of deprivation. If Members are as concerned as we are—and I do not doubt that the hon. Member for Hyndburn is—about social justice and ensuring that young people from deprived areas get the best education possible, they will accept that it is necessary to focus the resources of the Department on areas of deprivation. That has been and remains our focus, but we are also open to hearing responses to the consultation process.
Graham Jones
My view is that we should be stretching all children—those in deprived areas as well as those in affluent areas.
Education and Adoption Bill (Sixth sitting)
Graham P Jones Excerpts(8 years, 10 months ago)
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Mr Gibb
I am grateful to the hon. Member for Sheffield, Heeley for tabling her amendment and enabling us to have this short debate. The issue about legislation is that one only legislates when one needs to. The issues that she raises are of course important but we are taking measure to deal with them. The workload challenge is an issue very dear to the Secretary of State’s heart; we are determined to reduce teachers’ workloads and that is why we conducted that survey, to which 44,000 teachers responded. It made it very clear where the problems lie, particularly in areas such as data collection or how people perceive that Ofsted requires teachers to conduct their marking—we are addressing those issues with the working parties that I said we had established.
The Bill enables us to deal with poorly performing schools; that is why it is a limited Bill with only 15 or 16 clauses. The hon. Member, however, is also wrong to talk about there being a crisis in the retention or recruitment of teachers. There are of course challenges with recruitment—graduates leaving university are at a premium in terms of firms wanting to recruit them. When there is a strong economy, which is often the case under a Conservative Government, there will be competition for graduates—
Mr Gibb
We are bringing down the deficit. It has been reduced from 11% of GDP to under 5% and we will bring it down further. I say to the hon. Member for Sheffield, Heeley that over 90% of teachers continue in the profession following their first year of teaching, which has been the case for more than 20 years. Figures that say otherwise are simply inaccurate. I think that it was the Association of Teachers and Lecturers that cited some figures in the lead-up to its conference last year that were proven to be inaccurate.
The proportion of teachers joining the profession has risen—it is now 53,000 a year—and over three quarters, 76%, of new teachers are still in the profession after five years of service. More than half, 55%, of teachers who qualified in 1996 were still teaching 17 years later. I reiterate the point that I made in the evidence session that there has never been a better time than now to be a teacher, particularly an ambitious teacher. There are so many more opportunities now to lead—to lead at a younger age or to lead an academy chain—and to have the support for able and ambitious young teachers to become leaders in their profession early on. Organisations such as Teaching Leaders and Future Leaders are doing a wonderful job in helping young people to become leaders in their profession.
Amendment 27 focuses on teachers’ pay and conditions and proposes adding a new subsection to clause 4. Before exercising the power to require a governing body to enter into arrangements to help deliver school improvement, the Secretary of State would be required, under the amendment, to consider the long-term impact on the pay and terms and conditions of employees. In particular, the hon. Member for Sheffield, Heeley appears to be concerned that an assessment should take place on whether any change might reduce the ability of a governing body to recruit. I understand that she is concerned about the impact of academisation.
I refer back to the core purpose of the Bill: tackling failing and coasting schools as a way of ensuring that every child in this country receives a good or outstanding education. I say this because any action that the regional schools commissioner would take on behalf of the Secretary of State would always be predicated on improving the standards of the school. Some of the actions taken might, for instance, require a school to enter into a stronger collaboration, such as a federation. That is what it is all about—this clause is not about academisation; it is about intervention in maintained schools to secure improved standards. The hon. Lady is making her argument about academies; indeed, other clauses would give regional schools commissioners greater powers to require underperforming schools to become academies. In some circumstances, academisation may in fact make it easier for a school to manage and recruit staff as well as to offer more exciting CPD opportunities. An example of this is the Templar Academy Schools Trust, which was formed in 2011 in south Devon and now contains four schools, two primary and two secondary. The staff benefit from collaboration because all four schools in the trust allow teachers to move between schools, to develop their skills and to further their careers.
Education and Adoption Bill (Third sitting)
Graham P Jones Excerpts(8 years, 10 months ago)
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Bill Esterson
As long as he does not charge me, I will be more than happy. Without risking a further intervention or wanting to challenge his legal expertise or that of the other lawyers in the room—
Bill Esterson
It is amazing how many lawyers find their way into this place, but it is probably time to move on from criticising the legal profession.
My hon. Friend the Member for Cardiff West made the important point that we should avoid delays by any means—let alone the risk of judicial review—given the importance of permanence, of the attachment of young people coming into the care system and of the need to make swift decisions about where a child should be placed and whether every effort should be made to keep them with their birth parents or within the extended family, or whether another form of permanence is right for them. Coming back to the Children and Families Act 2014, one thing that the Minister has rightly focused on in his efforts over the past few years is increasing the speed of decision making. It is important to ensure that a child has the certainty of permanence, and any delay is to be avoided as much as possible.
Equal Pay and the Gender Pay Gap
Graham P Jones Excerpts(8 years, 10 months ago)
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Melanie Onn
I agree absolutely. We have seen the demise of collective bargaining in many different areas and employers are now moving further away from those agreements.
Previously, for example, the Labour Government had agreed a national arrangement for teaching assistants, but the coalition decided not to continue with the national pay negotiating body. Teaching assistants are, obviously, largely women, largely part time and largely low paid, and on term-time-only contracts. I know from my constituency and from people I have represented as an official of Unison that some earn as little as £5,000 or £7,000 a year, working in our schools and supporting our children when they most need additional support. That problem is being exacerbated by the move away from collective bargaining and those people are more prone to being exploited and having their wages squeezed.
Graham Jones (Hyndburn) (Lab)
My hon. Friend is making some powerful points in a strong speech. She has mentioned the living wage and many local authorities are trying to elevate the circumstances for low-paid workers, particularly the women workers about whom we have heard, by becoming living wage councils. Surely that is a step forward that all councils should look to take.
Melanie Onn
I shall come to that point shortly.
If I can just make some progress—I have been dying to say that—to tackle unequal pay, it is imperative that we tackle the low-skill, low-wage economy that is particularly detrimental to women. Much of the success of the previous Labour Government was down to the introduction of the minimum wage. With 27% of women earning less than the living wage, the Government must do more to raise wages. If they will not do that by raising the minimum wage, they must commit actively to support SME businesses to pay the living wage and legislate for FTSE 100 companies to do the same. The forthcoming cuts to tax credits will only make the problem of low pay worse. If the Government want tax credits to be replaced by higher wages, they need to be active in making that happen and should not simply cut, and cross their fingers.
I completely concur with the point made by my hon. Friend the Member for Hyndburn (Graham Jones) about living wage councils. I have been active in securing living wage agreements in four different local authorities. That needs to be championed across the board and we must ensure that when those councils make arrangements for any contractors to undertake services on their behalf those companies should also be living wage employers.
The Government need to accept that many zero-hours contracts are exploitative and that people cannot properly manage their household budget if they do not know what they will be earning from one week to the next. The change to exclusivity clauses is welcome, but it ignores the wider problem. Something needs to be done to make the lives of people in insecure work more manageable. I will always believe that when a job exists, a proper contract of employment should be provided. The Conservative Government claim to be on the side of working people, yet when they are presented with an opportunity such as this genuinely to improve people’s working lives, they squirm about like a worm at the end of a line.
It is simply not good enough. People need change and they need it now. Take the Government’s commitment to 30 hours of free childcare for working parents. First, I am pleased to see that they have adopted another of the previous Labour Government’s pledges to support working families. In the race to win votes ahead of the general election, they made a commitment they cannot afford. It is massively underfunded. It costs on average £4.53 an hour to provide the care, but the Government are offering only £3.88 an hour. Perhaps the Minister can tell us where the rest of the money is coming from. If it comes at the expense of child tax credit or working families tax credit, the Government are merely giving with one hand but taking away with the other.
I want to finish by saying that I recently met representatives of a local charity in my constituency called Care, which provides emergency food aid in Grimsby, and they told me that the number of meals that they provide to children has increased by 27% this year alone. Unfair wages for women is a problem of basic fairness, but the fact that working women are being pushed into poverty and insecurity to the extent that they can no longer afford to feed their children is a crisis that surely demands urgent action.
Education and Adoption Bill (First sitting)
Graham P Jones Excerpts(8 years, 10 months ago)
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Kevin Brennan
Q 22 Three noes and one yes. Could Sir Daniel perhaps explain why it is the only way?
Sir Daniel Moynihan: Maintained schools are under the remit of their local authority and the local authority has responsibility for their improvement and their monitoring. If a school fails, it will not normally be because of something that has happened overnight; it will be because of a gradual decline in performance over a period of time. The local authority should have picked up on that and used its resources to do so and my view is, therefore, that somebody else should be allowed to take on that school and improve it under the guise of an academy.
Malcolm Trobe: We clearly want all pupils to be in a good school. We want all local schools to be good schools. What we would say, however, is that changing the status of a school, in itself, will not necessarily change and improve the quality of the education in the school. What is required is a detailed, well thought out plan and a support system to go into the school. You need to understand the context of the school. One must understand resources; one of the critical things happening in a lot of schools that are in significant difficulties at the moment is that they are having major problems with teacher recruitment. One thing that we believe the Government need to tackle very urgently is ensuring that there are high-quality teachers available for these schools.
Graham Jones (Hyndburn) (Lab)
I am interested in this definition of coasting. My daughter is six and goes to a primary school. It is self-evident to me and my constituents that the differential between some schools is often the amount of time that is allocated to children out of school. There are the parental and social contributions and networks that children attend in some of the more affluent areas. How are they measured in this coasting measurement? Clearly, the same amount of time is not allocated in some of my poorer areas. There are challenges in life. How is that not part of the school day?
Richard Watts: Islington, which I represent, has a fair number of affluent people and we have more than our fair share of poor people. We see enormous differences in our schools, depending on people’s home circumstances. It is really important that schools do their best to compensate for that, but that is not wholly possible. No one should make excuses—
Graham Jones
Q 23 That was not my question. It is straightforward: how do you measure it?
Richard Watts: It is extremely hard—
Graham Jones
Q 24 That is the answer, then: extremely hard. We are not measuring it is the real answer.
Richard Watts: No, we are not—not adequately.
Peter Kyle (Hove) (Lab)
Q 25 Thank you all for coming today. I will jump straight in because we are pressed for time. Sir Daniel, in your answer you talked about failing schools, yet we are talking about coasting schools. What tools are there for tackling coasting, not failing?
Sir Daniel Moynihan: Clearly, with a coasting school, the legislation is not looking at an immediate conversion, but seeing whether the school can put an action plan together to improve itself within a reasonable amount of time.
John Pugh
Q 38 Local authorities lack the freedoms necessary.
Sir Daniel Moynihan: Local authorities often do not use the freedoms that they have. There is nothing that we have done in any of our schools that were failing that a local authority could not have done. In every case, the local authority simply did not do it and it had to have someone else take it over and make it better.
Emma Knights: I think that is the absolutely pertinent point. There are some local authorities that have done it and some that have not. There are some chains that have, and some that have not. There are some governing bodies that have, and some that have not; some school leaders that have, and some that have not. I completely agree that this is not about legal status. It is about good people and harnessing the good people at all levels of the system.
Graham Jones
Q 39 Emma, you represent school governors. I forgot to say that my partner is a school governor. Why are school governors not intervening in all of this? Where is their role in this? Why does the Bill not address school governorship, which you say could do everything an academy could do in terms of a transformational agenda? Where is the role for governors in this and why are they not succeeding in some schools as well as in others?
Emma Knights: You are absolutely right to say that governing boards are at the heart of this. If the governing board was doing its job right we would not be seeing failing or even coasting schools. Our job is to improve school governance and some governing bodies have absolutely driven school improvement while some, quite frankly, have not had the capabilities to do that.
Graham Jones
Q 40 Why?
Emma Knights: Why? A whole range of reasons. In some cases it is partly about recruiting people with the skills for the job. In some cases it is about people actually understanding their roles and not getting distracted by other things. In some cases it has been people supporting challenged senior leadership teams too much and not necessarily raising the bar. There is a really difficult balance between challenge and support. I could talk at huge length about this but I am sure the Committee has other things it wants to talk about. Governing well is an incredibly skilled job and we need to do it better in those schools where we are failing.
Mr Gibb
Q 41 I have a question for Sir Daniel. You will be aware that the Bill tackles maintained schools, because the Secretary of State already has the ability to intervene in failing academies through her funding agreement with academy chains and academy trusts. You will also be aware that academies that have been sponsored academy secondary schools for four years have improved their results by 6.4 percentage points, compared with 1% for those schools in local authority control over the same period. Can you inform the Committee what it is you do at Harris, in terms of school improvement, that is so different from what happens in a local authority? We touched on it a little, but can you go into a bit more detail on the kind of things you do?
The second part of the question has to do with Downhills primary school, which your academy chain took over a few years ago. Can you tell us what has happened to Downhills primary school since your academy chain took it over?
Sir Daniel Moynihan: Starting with Downhills, that school went into special measures in January 2012 and was the subject of a fierce anti-academy campaign, led by the Anti Academies Alliance, David Lammy and Michael Rosen. There were many protests and it was felt that the school should stay with the local authority. The local authority at the time had very little capacity for school improvement. It had massive staff turnover and just did not have the wherewithal. It was not able to put up a credible plan and, in the end, it said that it was unable to deliver what was needed for the school. The situation was highly politicised—people were talking about privatisation and saying that the school was not failing and that Ofsted was wrong, but the inspection outcome was that there was inadequate progress, weakness in reading and poor progress at all levels. Two years later, it was judged by Ofsted to be a good school with outstanding leadership and management, no longer failing and with the third highest pupil progress in Haringey. So it has been transformed. Some 98% of parents were against the conversion; now the vast majority of parents are fully supportive. Sometimes you have to weather that storm to bring about improvement. That is Downhills.
As a network, we share good practice across the group. We have many programmes that are designed to coach teachers who might be satisfactory to become good, and those who might be good to become outstanding—we invest heavily by bringing the resources of the group together. For us, a good academy group is about being geographically proximate, so all our schools are close by and we are able to leverage a lot of resource. We have policies for discipline and for pupil tracking that are proven to work, so we can quickly fix discipline at a new school. We have our own internal review team that does mini Ofsted-style reviews, which will be more rigorous and detailed than Ofsted’s and help our principals to improve their schools. It is a huge investment in professional development, it is regular training together and a set of tried and trusted policies that work relatively quickly.
James Berry
Q 74 In your experience, how do headteacher boards use local knowledge to advise on decisions?
Dr Coulson: The headteacher board I am familiar with has members drawn from Norfolk, Cambridgeshire, Peterborough, Essex and the London boroughs of Waltham Forest and Redbridge. So across the region we do not have someone who can speak for every single part of the region—we do not have complete, comprehensive knowledge—but we have a pretty wide knowledge of two things. One is an understanding that Norfolk is not like east London, what that means in practice and the kinds of issues that schools are facing in dealing with that. The second is that headteachers of outstanding schools have quite good knowledge of the local players in the field and of who might be the kind of people to draw on in trying to solve a problem. Those are the two things that they have brought.
Graham Jones
Q 75 My question is to Dr Major. You mentioned parents and you also mentioned variation in schools. I am a bit concerned that sometimes the debate is about deprivation when actually, from my perspective, affluent schools are more likely to be coasting. Affluent areas really concern me. I want to come to the differential within schools and the role that parents play. What do you think the definition of coasting should be, considering the comments you have made and my concerns?
Lee Elliot Major: I would have liked to have something in the definition of coasting schools explicitly about disadvantaged children. We have seen some schools that are doing very well overall, but when you dig beneath the data you find that the poorest children in that school are not progressing that well. You will all know that the attainment gap is the biggest challenge, arguably, that the education system faces. I have come round to believing that we should be much more explicit about those data. We spend a lot of money, £2.5 billion, on the pupil premium for those children, quite rightly, but I think we need to measure how well that is being spent and how that relates to their outcomes.
Graham Jones
Q 76 That is fine for schools as a single issue, but within schools? There are many affluent schools where there are affluent parents doing home teaching and those kids are moving on, but within that affluent area, within that single school, there are, as you say, variations, so that there are pupils whose parents are not allocated as much time, who are not succeeding as well, but that school is not deemed to be coasting. How are we going to measure failing pupils within a school? Predominately this is within affluent areas, but not exclusively. How are we going to measure that within schools? How are we going to deal with that issue in the legislation?
Lee Elliot Major: It is a good question. I am not sure whether it will solve all these issues, but—I keep coming back to this—in the measures that have been announced for coasting schools I would argue for a separate column for those from disadvantaged backgrounds. Thereby, we could see whether those most in need in a school are making progress and reaching that threshold as well as the other children.
Graham Jones
Q 77 Are you talking about two definitions? For example, you used the definition of free school meals. Are you saying that free school meals should be one definition within a school for coasting, and for schools, plural, and those not on free school meals another? Are you trying to differentiate the two within schools, as a measure of coasting, to try to determine what is happening within those schools, as well as within schools within an area?
Lee Elliot Major: Yes. I think it would give us more information on a school if we had what we are defining as these criteria for coasting for those children from poor backgrounds as well, explicitly. At the moment my understanding is that it will just be a general figure. If schools are failing poorer children I believe that that should be a trigger for whatever—that is particularly the focus for us. At the moment that is not in there. It will be more so, but it is complex: we are moving from one testing regime to another. Once we look at progress 8, I think we will get a better, rounded picture of outcomes, because then we will be measuring outcomes for children across the board, not just on that C/D boundary. So I think the future attainment measure will give us more information about children in school, but again, I would argue that we should have an explicit progress measure for those from disadvantaged backgrounds.
Small Business, Enterprise and Employment Bill
Graham P Jones Excerpts(9 years, 5 months ago)
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Ian Murray
My hon. Friend makes a good point. There are many agencies dealing directly with businesses, particularly small businesses, that could play a role in national minimum wage enforcement. Poor pay and enforcement should be a job for all of us, whether LEPs, local authorities, the national minimum wage enforcement section, Members of Parliament or whistleblowers. We need a drive towards ensuring that anyone who decides to flout the rules on the national minimum wage knows that there is an organisation out there that can report them and take action against them.
Amendment 8 would also require the Secretary of State to report on the level of financial penalty. Although an increase in the maximum fine to £20,000 per employee is welcome, we are disappointed that the Government did not follow Labour’s lead in Committee by increasing it to £50,000. By setting the penalty at £50,000, Ministers would send a clear message to rogue businesses that they run a real financial risk by not paying the minimum wage. It would also put the fine on a par with other fines, such as those for fly-tipping.
As the Minister might be aware, her colleague and party president, the hon. Member for Westmorland and Lonsdale (Tim Farron), at the start of the year echoed Labour’s calls for a higher financial penalty, stating:
“A £50,000 fine for fly-tipping versus a £20,000 fine for exploiting a human being is just ludicrous. It tells you all you need to know how we, as a society, have our priorities wrong.”
I suggest that it is not society that has its priorities wrong in that regard, but the Government.
Graham Jones (Hyndburn) (Lab)
Would these changes have an impact on people working in the informal economy who are not paid the minimum wage?
Ian Murray
Absolutely. We see in the informal economy forced self-employment, bogus self-employment and people not being paid the national minimum wage. It is a big issue in relation to migrant workers and agency workers. It is a huge issue across not only the formal economy, but the informal economy. It is something we must stamp down on, because it undermines people’s wages and the ability to be paid properly. The crucial point is that it is also uncompetitive for business, because the businesses that do the right thing, pay proper wages and abide by all the legislation are undercut by those that do not, and we have to deal with that. These measures are both pro-business and pro-employee.
Finally, amendment 8 is also crucial to ensuring that the Government consider wider improvements in pay in our labour market—namely, the promotion of the living wage. Under this Government, the number of people paid less than the living wage has risen from 3.4 million to just under 5 million in just four years. That not only impacts on low-paid workers, their families and communities, but piles up costs for the country as more people in work have to rely on the social security system, with tax credits topping up their poverty pay.
Labour councils have led the way in paying their workers a living wage, even within tight budget constraints, and getting more workers in the private sector paid a living wage by using their procurement powers and encouraging the creation of local living wage zones. My local council, City of Edinburgh council, has been paying the living wage for some time now. Other organisations in the private sector are now seeing that paying the living wage is something they should be doing. I must declare an interest as a member of the board of Heart of Midlothian football club, which a few weeks ago took the historic decision to become the first football club in Scotland to pay the living wage to not only all its staff, but all its subcontractors.
Ian Murray
There is a key balance in terms of raising the allowance. The poorest paid are not affected by any increases in the personal allowance, while everyone else benefits. There is a significant decrease in tax take from every taxpayer, but the lowest paid are not included in that.
Graham Jones
One of the pernicious elements of this situation is what we are starting to see in my constituency with agency work, whereby people on zero-hours contracts are being pushed into self-employment when they take hours through an agency. With reference to the tax take, there is some concern that this practice is pushing people into the informal economy and tax is not being paid at the full rate. It is also pernicious in terms of the hours that are offered to people and the insecurity of being in self-employment as opposed even to agency-paid employment.
Ian Murray
Absolutely. We are creeping into the wider problems with the employment market. There is a huge issue with bogus self-employment and a huge issue for the Treasury as regards the informal economy. That is why the shadow Work and Pensions Secretary, my hon. Friend the Member for Leeds West (Rachel Reeves), has said that, particularly with regard to the construction sector, we should deem people to be employed unless it can be proven otherwise.
Graham Jones
It is certainly an issue in the construction sector in my constituency, but it is now spreading into other sectors, including catering.
Ian Murray
It is most prevalent in the construction sector, but it affects other low-paid sectors as well. This goes back to the point I made in response to one of my hon. Friend’s previous interventions about good businesses being hit by the playing field not being level because of people undercutting wages and undermining their responsibilities to society in terms of paying the appropriate tax that they should be paying on the wages that they are generating.
So as not to be too uncharitable to the Minister, let me say that we welcome clause 145, which introduces an exclusivity ban into zero-hour contracts. However, as with yesterday’s pubs debate, the Government have been dragged kicking and screaming into doing anything at all about this issue. They have fallen far short of introducing measures that really tackle the exploitative use of these contracts. They are doing nothing to change the practices of companies that base their entire work force management strategy on zero-hours contracts. As my right hon. Friend the Leader of the Opposition said last week, zero-hours contracts have
“left too many people not knowing how they will make ends meet from one week to the next and unable to plan for the future. And this government won’t do anything to stop it. But we will.”
Our amendments attempt to build on the fact that the Government have tabled an amendment to the law, albeit a minor one, to stop exclusivity by suggesting that they take that one step further. Amendment 9 would require the Secretary of State to introduce regulations so that workers on zero-hours contracts can enforce their rights. It is completely ludicrous that we have been left in a situation where the Government have introduced legislation to ban exclusivity clauses in zero-hour contracts but have not put in any enforcement action so as to be able to remedy the problem. The Minister for Business and Enterprise was pressed repeatedly on this in Committee but could offer only the option of enforcement through the usual employment tribunal channel. Perhaps he should spend less time apologising to the Prime Minister and more time apologising to the millions of workers he is letting down through this clause.
Graham Jones
My hon. Friend is making an important point about the retention of skills and the need to develop people to improve the economy. If there is a dislocation or distance between an employer and an employee, or if their relationship is fragmented, it is hardly conducive to building up people’s skills and the capacity of the economy.
Sheila Gilmore
That is an important point, and as my hon. Friend the Member for Edinburgh South said, one reason why we are not getting in the tax take we should is the huge amount of insecure short-hours employment. That is not helpful to the economy and the community. It is not just the people on those contracts who are affected.
Graham Jones
My hon. Friend is making the important point that Britain’s productivity is poor and is not helped by zero-hours or part-time contracts, which dislocate people from the workplace and from opportunities to acquire better skills.
Sheila Gilmore
And of course that feeds directly into the fact that the Government’s deficit is rising again in this financial year. That is primarily because the tax take has not been as expected, which is a serious problem. A lot of people have been told that they have to make great sacrifices so that the Government can close the deficit, but now they are told that nothing is really improving, or at least it is certainly not improving as fast as they were promised.
It is also disappointing that, when the law on zero-hours contracts is to be changed, a clear enforcement mechanism is not being built into the Bill. A lot of people do not know much about their contract of employment—and that is if they even see one, because many people do not get much chance to see a contract even when they have started a job. People need to get good information about the content of their contract and the rights that they have. We all have people coming to our surgeries for assistance and saying, “I didn’t realise that these were my terms and conditions of employment.” They might only realise when something goes wrong.
To think that people will understand that a certain clause in their contract is unlawful assumes a degree of understanding and information that a lot of people do not have, especially when they are just glad to get any job at all. They think, “That’s great, I’ve got the job”, but they do not necessarily inquire at that stage about all the problems they might face. It seems strange not to make it easier for people at least to enforce the small change that the Government are offering.
Bill Esterson
My hon. Friend raises an incredibly important point and is absolutely right to raise it in the context of this debate. It is extremely relevant to the points I have been raising, as I am sure you will agree, Mr Speaker.
Graham Jones
My hon. Friend referred to the Government policy of name and shame, which I understand has been announced four times. Only 25 firms have been named, despite evidence that as many as 300,000 people in the UK earn less than the national minimum wage.
Bill Esterson
My hon. Friend must have been reading my speech, because I was about to make exactly that point. He has made it for me. The reality of the naming and shaming policy is that it has not worked: it has not delivered an improvement in the enforcement of the national minimum wage. If 300,000 people are being paid less than the national minimum wage, Government Members should be ashamed of that.