House of Commons portcullis
House of Commons
Session 2005 - 06
Publications on the internet
Standing Committee Debates
Education and Inspections Bill

Education and Inspections Bill



The Committee consisted of the following Members:

Chairmen: Frank Cook, † Mr. Christopher Chope
Blackman-Woods, Dr. Roberta (City of Durham) (Lab)
Brooke, Annette (Mid-Dorset and North Poole) (LD)
Cawsey, Mr. Ian (Brigg and Goole) (Lab)
Chaytor, Mr. David (Bury, North) (Lab)
Clappison, Mr. James (Hertsmere) (Con)
Creagh, Mary (Wakefield) (Lab)
Dorries, Mrs. Nadine (Mid-Bedfordshire) (Con)
Evennett, Mr. David (Bexleyheath and Crayford) (Con)
Gibb, Mr. Nick (Bognor Regis and Littlehampton) (Con)
Gwynne, Andrew (Denton and Reddish) (Lab)
Hayes, Mr. John (South Holland and The Deepings) (Con)
Hillier, Meg (Hackney, South and Shoreditch) (Lab/Co-op)
Hope, Phil (Parliamentary Under-Secretary of State for Education and Skills)
Leigh, Mr. Edward (Gainsborough) (Con)
Moffatt, Laura (Crawley) (Lab)
Morden, Jessica (Newport, East) (Lab)
Mulholland, Greg (Leeds, North-West) (LD)
Shaw, Jonathan (Chatham and Aylesford) (Lab)
Smith, Ms Angela C. (Sheffield, Hillsborough) (Lab)
Smith, Jacqui (Minister for Schools)
Snelgrove, Anne (South Swindon) (Lab)
Teather, Sarah (Brent, East) (LD)
Wilson, Mr. Rob (Reading, East) (Con)
Alan Sandall, Committee Clerk
† attended the Committee

Standing Committee E

Tuesday 18 April 2006

(Afternoon)

[Mr. Christopher Chope in the Chair]

Education and Inspections Bill

Clause 6

Functions in respect of recreation etc
Amendment moved [this day]: No. 183, in clause 6, page 4, line 13, leave out ‘adequate' and insert ‘sufficient'.—[Mr. Chaytor.]
4 pm
The Chairman: I remind the Committee that with this we are discussing the following amendments: No. 185, in clause 6, page 4, line 13, leave out ‘adequate' and insert ‘such'.
No. 184, in clause 6, page 4, line 14, at end insert
‘as may be sufficient according to their needs'.
No. 149, in clause 6, page 4, line 15, after ‘may', insert
‘enter into partnerships with other public, private or voluntary organisations in order to'.
No. 236, in clause 6, page 4, line 18, after ‘centres,', insert ‘field centres,'.
No. 64, in clause 6, page 4, line 29, after ‘provision', insert ‘or commissioning'.
No. 150, in clause 6, page 5, line 30, at end insert—
‘(d) a local authority must have regard to the access requirements of qualifying young persons with a disability.'.
No. 23, in clause 6, page 6, line 27, at end add—
‘(3) Provision under this section shall be restricted to that which can be funded by the revenue support grant separately identified but not specifically allocated or ring-fenced.'.
Mr. David Chaytor (Bury, North) (Lab): I shall continue from the point at which we were interrupted.
I was referring to a report last year by the Select Committee on Education and Skills that I hoped would be a turning pointing in the debate on the importance of education outside of the classroom. Certain things must be in place if we are going to strengthen and diversify the extra-curricular activities that I think were much stronger in years past. The functions of local authorities and their capacities to provide the facilities listed under proposed new sections 507A and 507B make an important contribution.
There is a link between the importance of physical activity—sport, physical education, Outward Bound expeditions such as hill climbing, and the great range of physical activities in which young people can get involved—and the wider concerns about children’s health. There is an important section in the Bill on health and diet, but it seems to me that that and the matter before us must be considered together as part of a coherent approach to raising standards of health and physical well-being among young people.
Finally, I have a slight reservation about clause 6 that it is important to flag up. The clause focuses on recreation and physical activity, but does not refer specifically to cultural activities and the role of dance, drama and music as important aspects of the wider out-of-school curriculum. I shall draw attention to the success of the creative partnership scheme that the Government initiated in recent years, and from which 36 local authorities—I think—can now benefit. The scheme is directed particularly at parts of the country and schools in which there is not a strong tradition of cultural activity; it enables schools to embark on a range of artistic, cultural and musical activities and to open up areas of experience that children might have not enjoyed previously—visits to theatres and concerts and from theatre groups, poets, writers and artists in residence. That is an excellent activities programme, and I hope that in due course it might extend the principles that underlie the creative partnership scheme to all local authorities and schools in the country. With that I would be interested to hear the Minister’s response to the issues that I have raised.
Sarah Teather (Brent, East) (LD): I shall speak to amendments Nos. 149 and 64 together and then amendment No. 150.
Amendments Nos. 149 and 64 make the point that local education authorities do not necessarily have to provide all the positive leisure services themselves. In some cases, authorities might deliver efficiency and choice—that most important of words that we have devoted so many of our hours to discussing—more effectively by commissioning those services from the private or voluntary sectors. It is important to place that on the record because, despite extensive rhetoric about dividing the commissioner and provider roles between local education authorities and schools, the implication appears to be that, although local education authorities should not provide schools, they should provide leisure facilities. We are merely probing the Government on that matter to get some points put on the record.
I can think of many examples in boroughs of services being bought in for one reason or another, such as the buying in of swimming facilities from local leisure services. I can think of many other instances in which youth facility services might be bought in from the voluntary sector. That often works extremely well—indeed, it might work better than if those services were provided directly by the local education authority.
Amendment No. 150 is intended to ensure that positive leisure-time activities are accessible to disabled young people. The amendment is supported by Mencap, which tells me that eight out of 10 young people with a learning disability do not attend any after-school club, that seven out of 10 children or young people with a disability were made to feel uncomfortable at their local leisure service, and that only one in five after-school clubs have any young person with a disability attending.
The amendment would also ensure that there was a safe environment for young people with a learning disability. Such young people are particularly vulnerable to bullying, for example, which often prevents them from taking part in after-school activities. The amendment would ensure that those young people were given the support that they needed, from their staff or their peer group, to access all the activities that take place. We have a concern that if that is not clearly stated in the Bill, local education authorities might provide or commission leisure activities that are suitable for the majority of young people in the area, rather than make sure that all those facilities are accessible for young people with a disability.
The hon. Member for Bury, North (Mr. Chaytor) made interesting wider points, particularly about the need to make sure that we benefit from the opportunities the Olympics provide. That is dear to my own heart, as I come from the borough where Wembley stadium is located—if it ever gets finished. It might have many opportunities to provide sporting facilities and to ensure that there is wider accessibility for young people in the area. The hon. Gentleman made good points about the role that sport can play in giving young people more opportunities to take part in sporting activities, and thereby in driving down petty crime. I am very supportive of the sentiments he expresses.
Mr. Nick Gibb (Bognor Regis and Littlehampton) (Con): I am very sympathetic to the hon. Lady’s amendments. I particularly welcome her comments regarding leisure facilities for those with special needs, and her point that local authorities should play a commissioning role and enter into partnerships with other public and private or voluntary organisations. She is right about that.
I am also sympathetic to the points made by the hon. Member for Bury, North. He is right to say that in recent years there has been a rise in unpleasant and antisocial behaviour. It is of concern that that continues to rise. He is also right in saying that there is a link between that and the lack of things for some young people to do. However, I suspect that there are also deeper reasons than that.
The hon. Gentleman is right to raise the issue of the proportion of schools that achieve the Government target of two hours of sport per week. It would be interesting to hear the Government’s response to that point about the minimum level of sport in schools. I would also like to hear their response on what proportion of young people learn to swim by the age of 11; the hon. Gentleman raised that, too.
One reason why young people are often found congregating around bus shelters or on street corners is that they do not have more suitable places to meet one another. That is why we support many of the objectives of the “Youth Matters” Green Paper. It is also why my right hon. Friend the Leader of the Opposition announced his proposal last August for a youth community action programme. Under the programme, every school leaver would be able, if they wished, to do three to four months of voluntary work in the community. As he pointed out, there is strong support for the vision of building something that gives all young people in our country the right to a shared experience that will help prepare them for their responsibilities as adult citizens.
We are behind the clause 6 initiative and the duties that it will introduce. On centralisation, though, the Minister should take care when lobbing stones from her glass house. Paragraph 4.10 of the regulatory impact assessment says:
“Although guidance is useful in explaining the required changes, guidance alone will not receive sufficient local emphasis to achieve the changes required. The legislation contains specific requirements which should not be considered as purely advisory—as implied by non-statutory guidance.”
However, when one reads clause 6 without the advantage of reading simultaneously the Government’s press release of 8 March on the £115 million budget provided through the youth opportunities fund, it appears that a sizeable new duty is being imposed on local authorities without any funding to back it up. The purpose of amendment No. 23 is to ensure that clause 6 is interpreted so that the duties it imposes will not extend beyond the funding from central Government. Otherwise, the funds will have to be obtained either from hefty further increases in council tax or from the reduction of services in other areas. I searched the regulatory impact assessment in vain for an estimate of the costs involved in fulfilling the new duty, other than £2 million to fund publicity for activities.
The statement of policy on the guidance that the Secretary of State will issue under the clause in due course is a little more helpful. For example, paragraph 7 explains that a section of the guidance
“will explain that the duty applies to securing access to sufficient provision for young people in the area rather than securing provision in the area.”
However, the only real hint of the financial consequences of the duty is in paragraph 17, which says:
“The guidance will state that where current provision is failing to meet needs, the authority should re-shape its own provision, commissioning services as appropriate, and work with partner agencies to help them re-shape services as appropriate.”
It goes on to say in paragraph 18 that
“the guidance will explain that the provision available in the local area will be provided by a variety of organisations and that while the duty does require the authority to ensure that sufficient provision exists, the role of the authority in securing sufficient provision is broader than simply providing direct services. Increasingly we expect the authority to act as commissioner and facilitator of services rather than as provider.”
I think that that supports the concerns raised by the hon. Member for Brent, East (Sarah Teather).
Paragraph 22 of the statement of policy, however, says:
“The guidance will explain that in acting upon this legislative requirement, the authority will wish to consider the commissioning of services alongside other measures to secure alternative provision. It will suggest that these other measures include the provision of assistance, financial or otherwise, for alternative providers.”
So there appear to be some financial obligations that will go beyond the £115 million in funding through the youth opportunities fund.
The amendments are probing amendments so that the Ministers can clarify their position on the funding of the duties. While they are clarifying that point, will they also say something about the youth opportunity card? The clause does not refer to it, despite the fact that it is a major feature of the Green Paper and of the Government’s policy, particularly following the announcement of a pilot scheme in 10 areas during the next two years. Can they confirm that it is because the scheme is only being piloted that legislation for the card is not included in the Bill, or that it is not necessary to introduce primary legislation for the card if it is decided that the pilot is a success and the Government wish to roll it out nationally?
We welcome the clause and we welcome the provision of recreational facilities for young people. That is one of the many reasons why we decided to support the Bill. However, some clarification of the funding issues would be helpful.
4.15 pm
Ms Angela C. Smith (Sheffield, Hillsborough) (Lab): I begin by referring to the issues raised by my hon. Friend the Member for Bury, North, who pointed to the importance of providing young people with things to do and places to go as one means of tackling boredom and antisocial behaviour among that group. It is important to remember that providing things to do and places to go is not just about tackling the minority who cause problems for the rest of us. Self-esteem and the development of team-working and social skills are also good reasons for providing those facilities for young people. The kinds of activities we are talking about are good for preparing young people for employment in later life. For those reasons alone, they ought to be supported.
The importance of working with a range of partners in developing the provision was mentioned by the hon. Member for Brent, East. I look forward to the Minister’s response, because I feel passionately that it is not the job of local authorities to provide all the services that are of relevance to young people. The voluntary sector, in particular, is much better placed in many ways to provide those facilities; indeed, it is already doing so on a significant scale. In my city, we have many sports clubs working right across the local authority boundary. Let us not forget the usual groups, well established in this country, such as the Guides, the Scouts and the Woodcraft Folk, which was always the great rival to the former—and still is in many ways—in the city of Sheffield. It provides a significant choice for young people. Then there is the Duke of Edinburgh award, which is now made available to almost all school children aged 14 and over in Sheffield; I think that there is only one secondary school there that fails to provide it. The Duke of Edinburgh award is in itself valuable and should be made available to every young person in the country; it deserves our support. There are also all the examples of the voluntary sector and ordinary community groups putting on sports activities; there are football, hockey and ice-hockey clubs and all the rest of it. For all those reasons we must resist the temptation to think that the duty on the local authority to provide is a duty on the local authority to administer the activities itself. It is really important that local authorities work in partnership.
In my city, there are great traditions relating to the Peak district, our greatest natural resource. It is important to remember that every young person deserves the opportunity to experience that resource—to be given the chance to indulge in rock-climbing and other activities that, for many young people, are just pipe dreams and are not made real.
I hope that the Minister will resist the amendment tabled by the hon. Member for Bognor Regis and Littlehampton (Mr. Gibb) on the grounds that whether or not a local authority agrees on funding for extra facilities and services for young people is a matter for local discretion. A local authority may decide that there ought to be more investment in the young people of an area, and I do not think that central Government have the right to restrict local authorities which make that choice.
Also, much of the complementary funding required to meet the terms of the duty on the local authority is already being provided in many ways by activities that are laid on by the voluntary sector and through small contributions from parents towards those activities. Let us not forget that that infrastructure is already in place. The funding that the voluntary sector can tap into means that the duty should not be funded just by local authorities. A range of funding opportunities is available and the packages that will enable the duty to be fulfilled can be put together—indeed, they have been put together by local authorities for many years.
Amendment No. 236 is simple: it would insert the words “field centres”. I hope that the Minister will respond positively to the amendment or at least come back to it on Report and Third Reading. Learning about the environment in which they live is surely an important part of every young person’s experience. The links to citizenship are strong—a young adult who learns to appreciate his or her environment, the importance of biodiversity and the wonders of nature will surely be much better equipped to make a civilised contribution to society.
The hon. Member for Brent, East said that local authorities should be commissioners of services, and this is one area of provision in which they should be. Many schools and colleges have already experimented with the concept of the outdoor classroom. They have tried to develop their own field centres; indeed, one of the primary special schools in Sheffield has developed a classroom for the future, available to all children in the city, that exploits the natural environment and develops environmental science study via the great pond just outside the school boundary. All that is great, but it does not go far enough. Only local authorities can develop the field centres that we are talking about on a scale that would enable all young people in a city to learn something significant and worth while about the environment and biodiversity and how to respect the natural environment.
Mrs. Nadine Dorries (Mid-Bedfordshire) (Con): Is the hon. Lady saying that only local authorities can develop ponds, school farms and external Outward Bound-type activities from which children can benefit? Does she not think that the independent sector could do that as well?
 
Contents Continue
House of Commons 
home page Parliament home page House of 
Lords home page search page enquiries ordering index

©Parliamentary copyright 2006
Prepared 19 April 2006