Wednesday 20th March 2019

(5 years, 1 month ago)

Commons Chamber
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Nick Gibb Portrait Nick Gibb
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That is, of course, one of the purposes of introducing the regulations today and the guidance is very clear about the importance of LGBT issues. However, we also want to make sure that we have a wide consensus on these issues. They are ultimately a matter for teachers in schools to decide. I will come on to that point in a little more detail.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Minister, like others in this Chamber I have a real concern over the rights of parents. I hope the right hon. Gentleman will be able to help me on a specific point relating to the regulations that I know many others cannot understand. Given that RSE is to be taught in secondary school, how will it be possible to withdraw a child from sex education but not relationships education? Logically, a withdrawal from sex education must surely also be a withdrawal from relationship education unless the two subjects are taught separately. What is it to be: teaching RSE as an integrated subject with the right of withdrawal from RSE as a whole; or splitting the subjects in two, so that one can apply the right of withdrawal to just sex education? It is either one or the other.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. Before the Minister replies, I remind the Chamber that a lot of hon. Members wish to speak, so interventions need to be brief.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I am very happy to contribute to this debate. I would like to focus on the distinction between relationships education and sex education in relation to the right of withdrawal. Earlier, when I intervened on the Minister, I asked him to address the lack of clarity on how a right of withdrawal from sex education, but not relationships education, will work in practice when relationships and sex education is taught in an integrated manner.

The truth, of course, is that relationships education has been a part of sex education since the Education Act 1996, which requires that sex education be

“given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life”,

and that pupils

“learn the nature of marriage and its importance for family life and the bringing up of children”.

In that context, parents have been able to withdraw their children from sex education, which includes relationships education, since 1996. I suggest that the Government now propose to change the scope of that right of withdrawal by renaming sex education as “relationships and sex education” and applying the right of withdrawal only to sex education, not to relationships education.

If relationships and sex education is taught as an integrated subject, how can one withdraw a child from sex education but not from relationships education? The Government’s proposed changes will put parents and teachers in an impossible situation; in some cases, I suspect that it will put them on a collision course. Teachers are being told that they must teach relationships and sex education in an integrated way and that, if necessary, they should be able to remove young people from some parts of their lessons, but not others.

As I see it, the Government could address the problem by amending the regulations, either to mandate that sex education and relationship education be taught as two separate subjects or to ensure that the right of withdrawal continues to cover both sex education and relationships education. The latter decision seems to me more sensible and would be very easy to make. I expect the Minister will reiterate the position the Secretary of State took on 25 February, when they took a slightly different view. There is, however, no such restriction in the Children and Social Work Act 2017, which states that regulations

“must include provision…about the circumstances in which a pupil (or pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education”.

Ministers could decide, on the basis of the 2017 Act, to allow a parent to withdraw a child from all elements of the curriculum. I have received considerable correspondence on this matter, and others in the House have the same concerns as me about the rights of the parent, so I suggest that he withdraw the regulations or make it clear where we stand and bring them back to the House in much better shape.