Out-of-school Education Settings

Helen Grant Excerpts

Wednesday 20th January 2016 Westminster Hall

[Gavin Robinson (Belfast East) (DUP)]

The previous time I spoke in this Chamber, we discussed the Donald. Since then I have had scores of emails from lively Americans who have described Members of our honourable House as jihadist-supporting and Christian-hating fundamentalists. Today I hope that faithfulness and truth shine out of this House and that the Government take on board the strong message that we are getting throughout the Chamber that the proposals we are discussing are far too wide and far too shallow, when really they need to be narrow and deep.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does the hon. Gentleman agree that, in addition, the proposals are rushed, reactionary and very badly thought through?

[Gavin Robinson]

As well as completely unlawful and completely unworkable.

The hon. Member for Gainsborough (Sir Edward Leigh) indicated how bizarre the proposals would be for those they are really meant to affect. Which jihadist or fundamentalist would abide by the letter of the law? Even if they are radicalised or militarised, are they not capable of stopping their radicalisation lessons at five hours and 59 minutes per week? Are they not cute enough not to register or draw themselves to the attention of the grey bureaucrats in Ofsted? Of course they are. They will avoid all the good intentions that might lie behind the proposals.

We would be left in a bizarre situation. Section 48 of the Education Act 2005 allows faith schools to select their own assessors; the denomination selects the assessors. But churches, those single entities that house so much good work for so many organisations—the cumulative effect of the Scouts, the church groups, the Sunday schools and other lessons, and the Alpha courses for children—once they reach six hours, they will come a cropper under the proposals.

The hon. Member for Congleton (Fiona Bruce) fairly and helpfully illustrated the legal difficulties. I know that there is not an awful lot of love for the Human Rights Act but, underneath all the rhetoric about it, there has always been the confirmed principle that the European convention on human rights would be upheld, including the enshrined freedoms of religion and association. Moreover, the right to freely associate is protected from arbitrary state interference. There are scores of cases involving, for example, Moldova, Hungary and Russia—there was a case involving the Church of Scientology in Moscow and the Russian state. These proposals would fall foul of the European convention on human rights. In fact, we would be associating ourselves with such champions of freedom as Belarus or Turkmenistan, which the UN’s special rapporteur criticised for seeking unfairly to hinder the freedom to teach and educate on the basis of faith principles.

I recognise, Mr Turner, that I have gone well beyond the time you suggested and I will sit down shortly, but I want to highlight the promise made to the people of this country in the Conservative manifesto last year. On page 61, it states that a Conservative Government will

“reject any suggestions of sweeping, authoritarian measures that would threaten our hard-won freedoms.”

Live up to that promise, Minister, and having considered the possibility of the proposals, set them aside.

--- Later in debate ---

[The Minister for Schools (Mr Nick Gibb)]

It is a pleasure to serve under your chairmanship, Mr Turner. I am grateful to the hon. Member for Scunthorpe (Nic Dakin) for his kind comments. I was going to criticise him for his wider criticism of the Government’s education policy on school places, to point out that we have increased school places by 445,000 since 2010, in stark contrast with the 200,000 primary school places cut by the Labour Government when the birth rate was increasing. I also would have pointed out that we have had to tackle the grade inflation we inherited from his party’s Government, that we have had to improve the curriculum, which was deeply damaged by his party’s Government, that there are 1.4 million more pupils in good and outstanding schools today than there were in 2010, that 120,000 more six-year-olds are reading better today than they were in 2010, and that there are 13,000 more teachers in our schools today than there were in 2010.

[Mrs Grant]

Will the Minister tell us whether the Government have done an impact assessment of the proposals? If so, will he tell us the financial cost of the registration and assessment process?

[Mr Gibb]

Those impact assessments will be done as we come to produce firm proposals. We, of course, assess the cost of all proposals as we develop policy.

May I congratulate my hon. Friend the Member for Gainsborough (Sir Edward Leigh) on securing this debate on the proposals for regulating out-of-school education settings? I welcome the constructive debate we have had and the thoughtful and passionate speeches from my hon. Friends the Members for Congleton (Fiona Bruce), for Aldershot (Sir Gerald Howarth), for St Austell and Newquay (Steve Double), for Eastbourne (Caroline Ansell) and for Beverley and Holderness (Graham Stuart), as well as my right hon. Friend the Member for Meriden (Mrs Spelman). We also heard very good speeches from the hon. Members for Glasgow North West (Carol Monaghan), for Strangford (Jim Shannon) and for Belfast East (Gavin Robinson), and the right hon. Member for East Ham (Stephen Timms).

All of the speeches made today will be taken into account as we consider the responses to the consultation, which closed on 11 January after six and a half weeks and to which we received more than 10,000 responses. Notwithstanding the valid points made by my hon. Friend the Member for Congleton, the consultation has been widely heard and responded to, and we will now consider all responses as we develop the policy in more detail.

Ensuring that parents have the freedom to decide how best to educate their children is a fundamental principle of our society and our education system. My hon. Friend the Member for Gainsborough referred to the long history of the churches’ role in education which, of course, predates that of the state.

Parents have always valued the education provided by religious organisations. They choose faith schools for their high academic standards and ethos and they appreciate the religious faith of those schools, which gives them confidence that their children will be taught to understand and respect the traditions and values of their faith. Responding to that demand, we have opened more than 300 free schools since 2010, of which 76 have a religious designation or ethos.

Out-of-school settings can also be of immense value. As my hon. Friend pointed out, many of those are run by religious groups and provide a distinctive education or activities that supplement and enhance that provided in mainstream schools. Such settings, including Sunday schools, can enrich children’s education and deepen their understanding of their own culture and heritage.

My hon. Friend made a powerful argument that the providers of this broader education, which is often staffed by dedicated volunteers, should be supported by the Government and not stifled by excessive regulation. I can assure him that we share that objective. The Government do, however, need to balance the need to protect and encourage high-quality out-of-school education with the need to keep children safe from any harm. That includes not only extremism, but the risk of physical punishment, unsuitable individuals working in some out-of-school settings and children being educated in unsafe or insanitary conditions.

A clear regulatory framework exists to protect children from those risks in childcare settings, and in state and independent schools. The call for evidence on out-of-school education, which closed last week, invited submissions on how to ensure that we are similarly able to safeguard children attending such settings—supplementary education —while avoiding disproportionate regulation. It reflects a commitment made in the Prevent strategy, published in June 2011, to reduce the risks of radicalisation occurring in out-of-school settings. It is the latest step in implementing the Prime Minister’s announcement in October last year that, if an institution is teaching children intensively, we will, as with any other school, make it register so that it can be inspected. He was also clear that, in addressing the risks that we have identified, we will uphold parents’ right to educate their children about their faith.

The call for evidence highlighted the fact that many settings already have robust measures in place to ensure safety. They may work under umbrella organisations that set high standards, be part of voluntary accreditation schemes or receive support from the local authority. However, that is not universal. We are therefore considering how best to address failures in the minority of settings that fail to meet their obligations while preserving everything that has made the vast majority of supplementary education so successful.

The responses to the call for evidence included many from Christian, Muslim and Jewish groups, and we will continue to discuss our developing proposals with those groups and others to ensure that they are proportionate and effective. Any final proposals will, of course, be subject to further discussions with interested parties.

At this stage, I hope I can provide assurances on some of the specific concerns raised by my hon. Friend and others.