Nusrat Ghani MP: speeches

Speeches

• 17 Mar 2025 · Children’s Wellbeing and Schools Bill · Hansard source

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  With this it will be convenient to discuss the following: Government new clause 19— Cases in which duty under section (Corporate parenting responsibilities)(1) does not apply. Government new clause 20— Corporate parenting duty: collaborative working. Government new clause 21 —Duty to have regard to guidance . Government new clause 22 —Reports by Secretary of State. New clause 3 —National Care Offer— “(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers). (2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers. (3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must— (a) make the recommended changes or otherwise implement the recommendations; or (b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.” This new clause would require the Secretary of State to consult on and publish a draft National Care Offer, which sets minimum standards for local care offers, within 18 months of this Act coming into force. New clause 4 —Health assessments to include mental health practitioner— “In regulation 7 of the Care Planning, Placement and Case Review (England) Regulations 2010, after “practitioner” in paragraph (1) insert “and a registered mental health practitioner”.” This new clause would make an assessment of the mental health of children in care a core part of the health assessment of those children by ensuring a mental health practitioner is involved in the assessment. New clause 8 —Abolition of common law defence of reasonable punishment— “(1) The Children Act 2004 is amended as follows. (2) In section 58 (Reasonable Punishment: England), omit subsections (1) to (4). (3) After section 58, insert— “58A Abolition of common law defence of reasonable punishment (1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England. (2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment. (3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law. (4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment. (5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (6) The power to make regulations under subsection (5) is exercisable by statutory instrument. 58B Promotion of public awareness and reporting (1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section. (2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A. (3) The Secretary of State must, as soon as practicable after preparing a report under this section— (a) lay the report before Parliament, and (b) publish the report. (4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section. (5) The power to make regulations under subsection (4) is exercisable by statutory instrument.”” This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change. New clause 13 —Review of adoption support offered by local authorities— “(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities. (2) The review must include services provided by adoption agencies which have been commissioned by local authorities. (3) The review must consider in particular— (a) any updates required to existing regulations and guidance relating to adoption; and (b) the support needs of, and support services currently available or provided to— (i) relevant parties in relation to birth family contact; (ii) young adult adoptees in relation to their transition to adulthood; and (iii) adult adoptees. (4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.” New clause 14 —Notification when a child is placed into temporary accommodation— “(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (Initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child. (2) A local authority must notify the following of the household’s homelessness status— (a) the child’s school, and (b) the child’s registered GP practice. (3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2). (4) A local authority must, before issuing a notification under subsection (2), request the consent of the household for the sharing of information relating to the household’s homelessness status. (5) Subsection (2) does not apply if the household has not consented to the local authority sharing information about it.” This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation. The notification can only occur when the child’s parent or guardian consent to the sharing of this information. New clause 15 —Implementation of recommendations of the Independent Inquiry into Child Sexual Abuse— “(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse listed below. (2) The recommendations are— (a) the establishment of a single core data set on child sexual abuse and child sexual exploitation in England and Wales; (b) the establishment of Child Protection Authorities for England and Wales; (c) the creation of cabinet Ministers for Children in the UK and Welsh Governments; (d) the commissioning of regular public awareness campaigns on child sexual abuse; (e) the amendment of the Children Act 1989 to provide for court action where there is reasonable cause to believe that a child in the care of a local authority is experiencing or is at risk of experiencing significant harm; (f) the creation of registration systems for care staff in children’s homes, young offender institutions and secure training centres; (g) greater use of the barred list in relation to persons recruiting individuals to work or volunteer with children on a frequent basis; (h) the improvement of compliance with statutory duties to notify the Disclosure and Barring Service of the suitability of individuals to work with children; (i) the extension of the powers of the Disclosure and Barring Service to provide enhanced certificates to people working with children overseas; and (j) the provision of specialist and accredited therapeutic support to child victims of sexual abuse. (3) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations listed above. (4) A report published under subsection (3) must include— (a) actions taken to meet, action or implement each of the recommendations; (b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations; (c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and (d) where it has not been practicable to fully implement a recommendation— (i) explanation of why implementation has not been possible; (ii) a statement of the Government’s intention to implement the recommendation; and (iii) a timetable for implementation.” New clause 25 —Kinship care leave— “(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where— (a) the individual is a kinship carer, and (b) the individual satisfies conditions specified in the regulations. (2) Regulations made under subsection (1) must include provision for determining— (a) the extent of an individual’s entitlement to leave under this section; and (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) must secure that— (a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave; or (b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them. (4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last— (a) at least one year, and (b) until the child being cared for attains the age of 18. (5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (6) Regulations made under this section may make provision about how leave under this section is to be taken.” New clause 26 —Kinship care allowance— “(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England. (2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. (3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State. (4) A person may claim an allowance under this section in respect of more than one child. (5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of— (a) the person jointly elected by those two for that purpose, or (b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State. (6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement. (7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations. (8) Regulations under subsection (7) may specify— (a) different weekly rates for different ages of children being cared for, or (b) different weekly rates for different regions of England. (9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.” New clause 27 —Extension of pupil premium to children subject to a kinship care arrangement— “(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care. (2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child. (3) In this section— “a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act. “looked after child” has the same meaning as in the Children Act 1989; ”pupil premium grant” means the grant of that name paid to a school or a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and Senedd Cymru to give financial assistance for purposes related to education or children etc).” New clause 28 —Admissions arrangements relating to looked after children and children in kinship care— “(1) For section 88B of the School Standards and Framework Act 1998 (admission arrangements relating to children looked after by local authority) substitute— “88B Admissions arrangements relating to looked after children and children in kinship care (1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements provision relating to the admission of children who are— (a) looked after by a local authority in England, or (b) living in kinship care as may be prescribed. (2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children. (3) In this section, “children who are living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.”” New clause 29 —Establishment of National Wellbeing Measurement Programme— “(1) The Secretary of State must establish a national children and young people’s wellbeing measurement programme. (2) A programme established under this section must— (a) conduct a national survey of the mental health and wellbeing of children and young people in relevant schools in England; (b) support schools in the administration of the survey (c) make provision for parental and student consent to participation in the survey, ensuring that participation is voluntary and that results are handled confidentially; and (d) regularly publish the results of the survey and provide relevant data to participating schools, local authorities and other public bodies for the purposes of improving children and young people’s wellbeing. (3) A programme established under this section must— (a) be developed and piloted within two years of the passing of this Act; (b) be fully implemented in England no later than the start of the academic year three years after the passing of this Act; (c) be reviewed as to its effectiveness by the Secretary of State every three years. (4) Any review of the programme under subsection (3)(c) must be published and laid before Parliament. (5) For the purposes of this section “relevant school” means— (a) an academy school, (b) an alternative provision Academy, (c) a maintained school, (d) a non-maintained special school, (e) an independent school, or (f) a pupil referral unit, other than where established in a hospital.” This new clause would place a duty on the Secretary of State to introduce a national programme to regularly measure and report on the mental health and wellbeing of children and young people in schools. New clause 30 —Benefits of outdoor education to children’s wellbeing— “(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing. (2) A report on the review must be published within six months of the conclusion of the review.” New clause 33 —National standards for children in need thresholds— (1) The Secretary of State must, within a year of the passing of this Act, conduct a review of the operation of section 17 of the Children Act 1989 (Provision of services for children in need, their families and others). (2) The review must assess regional and national variation in the type, frequency, and duration of support provided to children through child in need plans. (3) The recommendations of the review must include the setting of— (a) metrics in the Department for Education’s Children’s Social Care Dashboard for assessing the progress of children with child in need plans, and (b) national guidance for local authorities defining the thresholds of need that children and families must meet to be offered children in need support. (4) The national guidance issued under section (2)(b) must include— (a) national triggers for an automatic referral to children’s social care, including when a primary care giver enters custody or inpatient mental health provision, and when a child is arrested, (b) the Secretary of State’s expectations on how often children should receive help, (c) the Secretary of State’s expectations on how frequently a child’s support should be reviewed when they have a child in need plan, and (d) any other matters that the Secretary of State deems appropriate.” The purpose of this new clause is to reduce regional variations in the type, frequency and duration of support that children receive through child in need plans. New clause 35 —Extension of priority need status to under 25s— “(1) The Homelessness (Priority Need for Accommodation) (England) Order 2002 is amended as follows. (2) In article (4), paragraph (1)(a), omit “twenty-one” and insert “twenty-five”. (3) In article (5), omit paragraph (1).” This new clause would extend the priority need status under homelessness legislation to all care leavers up to the age of 25, regardless of vulnerability. New clause 36 —Action to promote children’s wellbeing in relation to mobile phones and social media— “(1) Within 12 months of the passing of this Act, the Secretary of State must, for the purposes of promoting the wellbeing of children— (a) direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of smartphones and social media use by children, (b) publish a plan for research into the impact of use of social media on children’s wellbeing, and (c) require all schools in England to have a policy that prohibits the use and carrying of certain devices by pupils during the school day. (2) Any advice published under subsection (1)(a) must have regard to— (a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and (b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant. (3) Any policy implemented under subsection (1)(c)— (a) may provide for exemptions from the policy, or for an alternative policy, for sixth form students, in so far as such exemptions or alternative policies do not negatively impact upon the wider policy; (b) may provide for exemptions for medical devices; (c) is to be implemented as the relevant school leader considers appropriate; and (d) may, where implemented by a boarding school or residential school, include appropriate guidance for the use of certain devices during other periods which their pupils are on school premises, subject to such policies safeguarding and promoting the welfare of children in accordance with relevant national standards. (4) For the purposes of this section— “certain devices” means mobile phones and other devices which provide similar functionality and whose main purpose is not the support of learning or study; “the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for— (a) England, (b) Wales, (c) Scotland, and (d) Northern Ireland “the school day” includes all time between the start of the first lesson period and the end of the final lesson period.” This new clause would require the Secretary of State to take action to promote children’s wellbeing in relation to mobile phones and social media by commissioning a report from the Chief Medical Officers and requiring schools to ban the use of mobile telephones during the school day. New clause 37 —Cessation of Child Protection Plans— “Where proceedings are initiated or a care and supervision order is issued under section 31 of the Children Act 1989, any cessation of child protection plans for children under five years old must be signed off by the relevant Director of Children's Services or Head of Social Work Practice.” This new clause would mean that the relevant Director of Children's Services or Head of Social Work Practice must sign off any cessation of child protection plans for children under five years old once proceedings have been initiated or once a care and supervision order has been issued. New clause 43 —Automatic enrolment for the Healthy Start scheme— “(1) The Secretary of State must, within 6 months of the passing of this Act, introduce a scheme to automatically enrol certain individuals for the purposes of the Healthy Start scheme. (2) For the purposes of this section, “certain individuals” means people who are eligible for the Healthy Start scheme on the basis of having a child under the age of 4. (3) The scheme must provide the means for individuals to opt out of enrolment for the Healthy Start scheme.” New clause 44 —Contact with siblings for children in care— “(1) The Children Act 1989 is amended as follows. (2) In section 34(1), after paragraph (d) insert— “(e) his siblings (whether of the whole or half blood).” (3) In paragraph 15(1) of Schedule 2, after paragraph (c) insert— “(d) his siblings (whether of the whole or half blood).”” This new clause would ensure that children in care are allowed reasonable contact with their siblings. New clause 45 —Arrangements for remaining in a residential children’s home after reaching adulthood— “(1) The Children Act 1989 is amended as follows. (2) In section 23CZA (arrangements for certain former relevant children to live with former foster parents), at the end of subsection (2) insert – “or by which a person who is a former relevant child by virtue of section 23C(1)(b) continues to live at the residential children’s home at which they were resident when they were looked after. (3) In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked after children)— (a) in sub-paragraph (1), after “parent” insert “or in a residential children’s home”; (b) in sub-paragraph (3)(b), after “parent” insert “or residential children’s home”.’” This new clause would extend the “staying put” arrangements that currently exist for young people placed with foster parents to those living in a residential children’s home. New clause 46 —Extension of the ban on unregulated accommodation for 16- and 17-year-olds— “(1) In the Care Planning, Placement and Case Review (England) Regulations 2010— (a) in Regulation 27A (Prohibition on placing a child under 16 in an unregulated setting), for “under 16” substitute “under 18”; (b) in Regulation 27B (Exception to the prohibition on placing a child under 16 in other arrangements), after paragraph (1), insert— “(1A) The Secretary of State shall ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.”” (2) In section 22C of the Children Act 1989 (Ways in which looked after children are to be accommodated and maintained), after subsection (6) insert— “(6A) A local authority must not place a looked after child aged 16 or 17 in unregulated accommodation that does not meet the requirements set out in regulations made under subsection (7).”” New clause 47 —Requirement for minimum standards for accommodation provided to 16- and 17-year-olds in care— “The Secretary of State must, within six months of the passing of this Act, lay before Parliament regulations establishing national minimum standards for accommodation provided to 16- and 17-year-olds in care, ensuring— (a) access to appropriate levels of support and supervision; (b) safeguarding protections equivalent to those in regulated children’s homes; and (c) oversight by Ofsted or another appropriate regulatory body.” New clause 50 —Establishment of Child Protection Authority— “(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England. (2) The purpose of such an Authority will be to— (a) improve practice in child protection; (b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection; (c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and (d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children. (3) The Authority must act with a view to— (a) safeguarding and promoting the welfare of children; (b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.” This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England. Amendment 176, in clause 1, page 1, line 7, leave out from start to “in” in line 8 and insert— “When a local authority starts formal child protection proceedings.” This amendment would require the offer of a family group decision making meeting when formal child protection proceedings are initiated or when a child protection plan is failing to protect the child, rather than before a local authority makes an application for a care and supervision order. Amendment 177, in clause 1, page 1, line 10, at end insert— “(1A) A family group decision-making meeting must be offered by the relevant local authority when a family is going through private law proceedings.” This amendment seeks to reduce the conflict in private law proceedings by offering a family group decision making meeting, allow other family members to support the child as well as to identify where there are significant safeguarding risks to the child/children. It would strengthen the intention that mediation and reconciliation out of court are better for the child. Amendment 178, in clause 1, page 2, line 7, at end insert— “(5) A family group decision-making meeting must be chaired by a systemic family therapist or other similarly qualified professional.” This amendment would require family group decision-making meetings to be chaired by a family therapist or other professional with equivalent qualifications. Particularly in cases involving domestic abuse, including coercion and control, it is essential that the FGDP has the expertise to manage this and protect the child/children. Amendment 172, in clause 1, page 2, leave out lines 21 to 26 and insert— “(8) The child in relation to whom the family group decision-making meeting is held should be supported to attend all or part of the meeting if they wish to do so, unless the local authority determines this not to be in the best interests of the child, in which instance efforts should be made to ensure their views are represented. (9) In exercising functions under this section in relation to a child, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings; and (b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.” This amendment would require a local authority to ascertain a child’s wishes and feelings regarding all aspects of family group decision-making, to give those views due consideration, and to support the child to participate in family group decision-making meetings where appropriate. Amendment 179, in clause 1, page 2, line 26, at end insert— “(10) If a child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements to ensure the safety and welfare of the child and prepare a child protection plan that reflects this.” This amendment would ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action, that is reflected in the child protection plan, to assure their safety and welfare. Amendment 180, in clause 1, page 2, line 26, at end insert— “(10) If the child is under the age of two, the family group decision-making conference must not delay the timetable for the making of permanent arrangements regarding the child’s care.” This amendment is designed to ensure that the offer of a family group decision-making meeting does not unduly delay making permanent arrangements regarding the child’s care Government amendment 111. Amendment 181, in clause 4, page 6, line 25, at end insert— “(4A) Where the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information, this decision must be recorded.” This amendment requires decisions made not to disclose information to be recorded. Government amendment 112. Amendment 182, in clause 4, page 6, line 37, at end insert— “(6A) Where information is disclosed under this section, the recipient must consider the safety and welfare of others to whom the information may relate or involve and take steps to promote their safety and welfare, particularly in cases of domestic abuse or elder abuse.” This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed. Government amendments 113 to 116. Amendment 174, in clause 5, page 9, line 31, at end insert— “(8) A kinship local offer published under subsection (5) must state when it will next be reviewed. (9) Any review of a kinship local offer conducted by a local authority under subsection (7) must involve the participation of children and families.” This amendment would ensure that kinship families are actively engaged in shaping the support available to them, and that local authorities are held accountable for delivering their obligations. Amendment 183, in clause 5, page 9, line 31, at end insert— “(8) In fulfilling its duties under subsection (7) a local authority must annually consult and collect feedback from children in kinship care and their carers about its kinship local offer. (9) Feedback received under subsection (8) must be published annually.” This amendment would require local authorities to consult children and carers when assessing their kinship care offer. Amendment 184, in clause 7, page 12, line 8, at end insert— “(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.” This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes. Amendment 186, in clause 11, page 16, line 18, at end insert— “(1AA) A child who is being looked after by a local authority in England and is under the age of 13 may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless this has been authorised by the Secretary of State.” This amendment would ensure that deprivation of liberty orders could not be issued to children under the age of 13 unless expressly authorised by the Secretary of State, in line with provisions relating to children’s homes. Amendment 187, in clause 11, page 16, line 25, at end insert— “(1C) The Secretary of State must review a deprivation of liberty order every 4 weeks to ensure that is appropriate for the order to remain in place.” This amendment would require a review of deprivation of liberty orders to ensure that they remain appropriate for the relevant child. Amendment 185, in clause 11, page 17, line 10, at end insert— “(8A) After subsection (9) insert— “(10) Where a child is kept in secure accommodation under this section, the relevant local authority has a duty to provide therapeutic treatment for the child.”” This amendment would place a duty on local authorities to provide therapeutic treatment for children subject to a deprivation of liberty order. Government amendment 117. Amendment 188, in clause 12, page 17, delete from line 21 to line 17 on page 21 and insert— “23A Requirement for inspection (1) The CIECSS may order an inspection of a parent undertaking, or any of its subsidiaries, if it has– (a) a subsidiary undertaking which meets the requirements of subsection (2), or (b) two or more subsidiary undertakings which meet the requirements of subsection (3). (2) A subsidiary undertaking meets the requirements of this subsection if– (a) the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and (b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies. (3) A subsidiary undertaking meets the requirements of this subsection if– (a) the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and (b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.” This amendment would require an inspection if the CIECSS believes that are reasons to cancel a children’s home registration, rather than issue an improvement plan notice. Amendment 189, in clause 12, page 18, line 6, at end insert— “(3A) The CIECSS may require an unannounced visit by Regulation 44 visitor to a children’s home, if it reasonably suspects that there are administrative breaches or minor concerns about the quality of care being provided. (3B) After Regulation 44 visitors have inspected the relevant children’s home or homes, the local authority may issue an improvement plan notice based on their findings.” This amendment would rely on the use of Regulation 44 visitors to inform the content of an improvement plan notice where the CIECSS has concerns about minor or technical breaches. Government amendment 118. Amendment 171, in clause 15, page 29, line 18, at end insert— “(c) independent schools with caring responsibilities and offering SEND provision.” This amendment would include independent special schools within the profit cap provision. Government amendments 119 to 131. Government new schedule 1— Relevant authorities.

• 17 Mar 2025 · Children’s Wellbeing and Schools Bill · Hansard source

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  I call the Liberal Democrat spokesperson.

• 17 Mar 2025 · G7 · Hansard source

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  I call the Liberal Democrat spokesperson.

• 17 Mar 2025 · G7 · Hansard source

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  Order. To ensure that all colleagues can get in, questions will have to be short, and if the answers continue to be long, there will be some disappointed Back Benchers.

• 17 Mar 2025 · G7 · Hansard source

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  I call the Chair of the Foreign Affairs Committee.

• 14 Mar 2025 · Rare Cancers Bill · Hansard source

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  That was most definitely Parliament at its best. Question put and agreed to. Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

• 14 Mar 2025 · Rare Cancers Bill · Hansard source

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  I call the shadow Secretary of State.

• 14 Mar 2025 · Rare Cancers Bill · Hansard source

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  That was very powerful. I call Leigh Ingham.

• 14 Mar 2025 · Business without Debate · Hansard source

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  The Member in charge has given instruction earlier today that he wishes to defer his Bill to Friday 28 March and will not move Second Reading of the Bill today. We will therefore move on to the next Bill set down for today. Pets (Microchips) Bill Motion made, That the Bill be now read a Second time.

• 14 Mar 2025 · Arm’s-Length Bodies (Review) Bill · Hansard source

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  That intervention was slightly broad in scope, but it returned at the end.

• 13 Mar 2025 · Contribution of Muslims to Communities · Hansard source

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  The subject of this debate is the contribution of Muslims to communities, so I look forward to hearing it.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  Due to the number of withdrawals, Members may have noticed that we have stopped the clocks timing speeches. There are two colleagues left, and I will allow you to police yourselves. Members on the Front Benches want to be up by 4.30 pm, so I will let you manage the time between yourselves.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  The last few minutes go to Chris Bloore to wind up.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  I call the Minister.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  The hon. Member will know that the content of statements that Ministers make is not the responsibility of the Chair, but he has put his comments on the record. Of course, he can go to the Table Office, which will give him further advice on how he can put in probing questions for further clarity. No doubt those on the Treasury Benches have heard him and will relay that information. I assume that the hon. Member alerted the Minister that he would raise this point of order. If not, he will no doubt do so very swiftly.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  Order. I think eight Members are hoping to contribute. We will calibrate again. There will be a time limit of four minutes, because I want to make sure they all get in.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  I call the shadow Minister.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  I thank the hon. Member for his point of order. Now that he has put it on the record, it will be recorded as such. We come now to the Front-Bench contributions. I call the Liberal Democrat spokesperson.

• 13 Mar 2025 · Mental Health Support: Educational Settings · Hansard source

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  Thank you so much for keeping well within the time limit. I call the Chair of the Education Committee.

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  Is it pertinent to the actual debate?

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  With this it will be convenient to discuss the following: Government new clause 40— Political funds: requirement to pass political resolution . Government new clause 41— Industrial action ballots: support thresholds . Government new clause 42— Notice of industrial action ballot and sample voting paper for employers. Government new clause 43— Period after which industrial action ballot ceases to be effective . Government new clause 44— Power to give notice of underpayment . Government new clause 45— Calculation of the required sum . Government new clause 46— Period to which notice of underpayment may relate . Government new clause 47— Notices of underpayment: further provision . Government new clause 48— Penalties for underpayment . Government new clause 49— Further provision about penalties . Government new clause 50— Suspension of penalty where criminal proceedings have been brought etc . Government new clause 51— Appeals against notices of underpayment . Government new clause 52— Withdrawal of notice of underpayment . Government new clause 53— Replacement notice of underpayment . Government new clause 54— Effect of replacement notice of underpayment . Government new clause 55— Enforcement of requirement to pay sums due to individuals . Government new clause 56— Enforcement of requirement to pay penalty . Government new clause 57— Power to bring proceedings in employment tribunal . Government new clause 58— Power to provide legal assistance . Government new clause 59— Recovery of costs of legal assistance . Government new clause 60— Power to recover costs of enforcement . New clause 8— Prison officers: inducements to withhold services — “In section 127 of the Criminal Justice and Public Order Act 1994 (Inducements to withhold services or to indiscipline)— (a) in subsection (1), omit paragraph (a); (b) omit subsection (1A); (c) omit subsection (7).” This new clause would repeal provisions in the Criminal Justice and Public Order Act 1994 that prohibit inducing a prison officer to take (or continue to take) any industrial action. New clause 9— Inducement of prison officers: exempted persons — “After section 127A of the Criminal Justice and Public Order Act 1994 (inducements to withhold services or to indiscipline), insert— “Section 127B: Prison officers and trade unions: exempted persons Section 127 (inducements to withhold services or to indiscipline) does not apply to— (a) Any listed trade union representing prison officers, or (b) any person acting on behalf of a listed trade union representing prison officers.”” This new clause would repeal, with respect to trade unions representing prison officers, provisions that prohibit the inducement of industrial action or indiscipline by a prison officer. New clause 19— Right to be accompanied — “(1) Section 10 of the Employment Relations Act 1999 (right to be accompanied) is amended as follows. (2) In subsection (3), after paragraph (b) insert— “(ba) person who has been reasonably certified in writing by a Professional Body as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or” (3) After subsection (7) insert— “(8) In this section, “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (9). (9) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.”” This new clause would expand the right to be accompanied by a certified companion at disciplinary and grievance hearings. New clause 28— Enforcement against companies subject to insolvency or voluntary liquidation — “(1) A Labour Market Enforcement Strategy under section 81 must include— (a) the Secretary of State’s assessment of— (i) the scale and nature of non-compliance with employment tribunal awards due to insolvency or voluntary liquidation during the period of three years ending immediately before the strategy period; (ii) the scale and nature of such non-compliance involving phoenixing during the same period; and (iii) the likely scale and nature of such non-compliance during the strategy period; (b) a proposal for the strategy period setting out how enforcement functions of the Secretary of State are to be exercised in relation to such non-compliance. (2) An annual report under section 82 must include― (a) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance with employment tribunal awards, including non-compliance due to insolvency or voluntary liquidation, and (b) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance involving phoenixing. (3) For the purposes of this section, “phoenixing” means the practice of dissolving or otherwise closing a business and establishing a new one with a similar purpose, with the effect of avoiding the enforcement of employment tribunal awards or other debts.” This new clause would require the Secretary of State to include, in the Labour Market Enforcement Strategy and annual reports under this Bill, information about non-compliance with employment tribunal awards by, and enforcement against, companies ordered to pay such awards that have been subject to insolvency or voluntary liquidation, including in instances in which the directors go on to set up a similar company to avoid enforcement. New clause 29— Trade union representatives: right not to suffer career detriment — “(1) In Part V of the Employment Rights Act 1996 (Protection from suffering detriment in employment), after section 47(1A), insert— “(1B) This section applies where the detriment in question relates to matters of internal promotion or progression.” (2) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (3) to (6). (3) In the italic title before section 137, after “Access to employment”, add “and career progression”. (4) After section 138, insert— “138A Career progression (1) An employer must ensure that any employee undertaking trade union representative duties does not experience detriment in matters of internal career progression as a result of the employee’s trade union activities. (2) Where an employee who is a trade union representative has not been appointed to a more senior role, in circumstances in which the employee met the minimum criteria for the role and demonstrated that criteria through the application, the employer must provide a written statement. (3) The written statement under subsection (2) must include evidence to demonstrate that the decision not to appoint the employee was not affected by the employee’s trade union activities. 138B Career progression: support for trade union representatives An employer must have in place a policy to support the career progression of employees who are trade union representatives. The policy must set out― (a) how the employees will be supported in matters of internal progression and promotion; and (b) how the employer will consider trade union experience in assessing applications for more senior roles.”” (5) In section 140(1), after “section 138” insert “or 138A”. (6) In section 142(1), after “section 138” insert “or 138A”.”” This new clause would enhance protections to trade union representatives, extending them to cover detriment in matters of career progression, and would require employers to demonstrate that they have not denied promotion to trade union representatives as a result of their trade union activities. It would also require employers to have a policy in place to support the career progression of employees who are trade union representatives. New clause 31— Removal of secondary action provisions — “In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 224 (secondary action).” New clause 64— Duties of trade unions — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 219 (protection from certain tort liabilities), after subsection (4) insert— “(5) But subsection (4) does not have effect in relation to any act in contemplation or furtherance of a trade dispute which relates wholly or mainly to proposals by an employer to vary terms and conditions of employment of two or more employees accompanied by the threat (explicit or implied) of dismissal if that variation is not agreed.”” New clause 65— Personal Liability for breach of tribunal orders — “(1) Where, in relation to a body corporate— (a) a financial order made by an employment tribunal or agreed by the claimant and the body corporate; or -(b) an order of reinstatement or re-engagement made by an employment tribunal or agreed by the claimant and the body corporate has not been fulfilled by the date specified in the order or agreement, without reasonable excuse, and that failure is proved— (a) to have been committed with the consent or connivance of an officer of the body, or (b) to be attributable to any neglect on the part of such an officer, that officer shall be personally liable to reimburse the claimant in whose favour the order had been made or agreed. (2) An officer found liable for reimbursement under subsection (1) may be disqualified as a director or prevented from becoming a director.” New clause 66— Public sector contracting: trade union recognition — “(1) The Procurement Act 2023 is amended as follows. (2) In Part (2) (principles and objectives), after section 14A insert— “14B Obligations of contractors to recognise trade unions (1) The Secretary of State has a duty to ensure that any contract entered into by a— (a) government department; (b) executive agency of government; (c) non departmental public body; or (d) non Ministerial department, is compliant with the requirements set out in subsection (2). (2) A contract under subsection (1) must─ (a) recognise an independent trade union for the purposes of collective bargaining, and (b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining. (3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992. (4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2). (5) The complaint may be made to the Central Arbitration Committee. (6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect. (7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2). (8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under (7). (9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).”” New clause 67— Sectoral collective bargaining: 80 per cent coverage — “(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament an action plan to achieve, within five years, that the principal terms and conditions of employment of at least 80 percent of workers in the United Kingdom are determined by collective agreement. (2) The action plan under subsection (1) must be informed by consultation with organisations representing employers and trade unions.” New clause 68— Sectoral collective bargaining: other sectors — “(1) Regulations under this Act may include regulations for collective bargaining in other sectors of the economy. (2) Regulations made under subsection (1)— (a) may only be made following consultation with representatives of workers and employers in those sectors; and (b) may provide that agreements reached by such collective bargaining shall apply to the workers and employers in the relevant sector save to the extent that a previous or subsequent collective agreement has provided a more favourable term or condition.” New clause 69— Statement of trade union rights — “Every employee, worker and self-employed person has the right— (a) to join an independent trade union of his choice, subject only to its rules; (b) to take part in the activities of an independent trade union at an appropriate time, subject only to its rules.” New clause 70— Right of Trade Unions to Access Workplaces — “In part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade unions), before Chapter 5A, insert— “Chapter 5ZA RIGHT OF TRADE UNIONS TO ACCESS WORKPLACES 70ZA Right of access (1) A designated official of an independent trade union shall have a right to enter premises occupied by an employer in order to access a workplace or workplaces, subject to the conditions set out below. (2) An employer shall not— (a) refuse entry to a designated trade union official seeking to exercise his or her right of access under sub-section (1), or (b) otherwise obstruct such an official in the exercise of his or her right of access under sub-section (1). (3) A “designated trade union official” means a person nominated by the trade union to exercise the right of access on its behalf. 70ZB Access purposes (1) The right of access may be exercised for the access purposes. (2) The access purposes are to— (a) meet, represent, recruit or organize workers (whether or not they are members of a trade union); and (b) facilitate collective bargaining. 70ZC Notice to employer (1) The right of access may be exercised only after the designated official of an independent trade union has given notice of an intention to do so to the employer whose premises it is proposed to enter for the purposes of access to a workplace or workplaces. (2) The notice must be— (a) in writing; and (b) given at least 24 hours before it is intended to exercise the right of access; (3) The notice required to be given under subsection (2) shall— (a) specify the purpose for which entry is sought; and (b) identify the workers or categories of workers the designated official intends to meet, represent, recruit or organize. (4) The right of access may be exercised without giving notice where there are exceptional circumstances such as to justify access without prior notice. (5) Whether circumstances are exceptional shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZD Access conditions (1) The right of access is subject to the following conditions. (2) The right of access may be exercised— (a) only at a reasonable time, and (b) subject to reasonable conditions imposed by the employer. (3) What is reasonable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZE Dwellings (1) The right of access does not apply to any part of premises which are used exclusively as a dwelling. (2) Where sub-section (1) applies and only where sub-section (1) applies, the employer shall provide a reasonable, suitable, and alternative venue to enable the right of access to be exercised. (3) What is reasonable and suitable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS. 70ZF Enforcement of right of access (1) Where an employer refuses or obstructs access contrary to section 70ZA, a complaint may be made to the CAC by the trade union of which the designated official is a representative. (2) Where the CAC finds the complaint to be well-founded it shall make a declaration to that effect and may make an order requiring the employer to comply with section 70ZA, subject to such conditions as the CAC may determine. (3) If the CAC makes a declaration under subsection (2) the trade union may, within the period of three months beginning with the date on which the declaration is made, make an application to the Employment Appeal Tribunal for a penalty notice to be issued. (4) Where such an application is made, the Employment Appeal Tribunal shall issue a written penalty notice to the employer requiring the employer to pay a penalty to the trade union in respect of each refusal or obstruction of access unless satisfied, on hearing representations from the employer, that the refusal or obstruction of access resulted from a reason beyond the employer’s control or that the employer has some other reasonable excuse. (5) If the CAC makes an order under subsection (2) the order shall be recorded in the High Court and on being recorded may be enforced as if it were an order of the High Court. 70ZG Penalty notice (1) A penalty notice issued under section 70ZF(4) shall specify— (a) the amount of the penalty which is payable; (b) the date before which the penalty must be paid; and (c) the failure and period to which the penalty relates. (2) A penalty set by the Employment Appeal Tribunal under section 70ZF(4) may not exceed a prescribed amount. (3) Matters to be taken into account by the Employment Appeal Tribunal when setting the amount of the penalty shall include— (a) the gravity of each refusal or obstruction of access; (b) the period of time over which each refusal or obstruction of access occurred; (c) the number of occasions on which each refusal or obstruction of access occurred; (d) the reason for each refusal or obstruction of access; (e) the number of workers affected by each refusal or obstruction of access; and (f) the number of workers employed by the undertaking. (4) The Employment Appeal Tribunal shall also take into account any previous refusal or obstruction of access to a designated official of the independent trade union to which the application relates. (5) If the specified date in a penalty notice for payment of the penalty has passed and— (a) the period during which an appeal may be made has expired without an appeal having been made; or (b) such an appeal has been made and determined, the trade union may recover from the employer, as a civil debt due to it, any amount payable under the penalty notice which remains outstanding. (6) The making of an appeal suspends the effect of a penalty notice pending the outcome of the appeal. 70ZH Other provisions relating to trade union access (1) Sections 70ZA-70ZG are in addition and without prejudice to any other provisions relating to trade union access to workers. (2) For the avoidance of doubt, the latter include but are not confined to— (a) Section 188(5A) of this Act (b) Sections 198A and 198B of this Act; (c) Schedule A1, paragraphs 26 and 118 of this Act; (d) ACAS Code of Practice on time off for trade union duties and activities issued under section 199 of this Act, for the time being in force; and (e) Any collective agreement which makes more favourable provision.”” New clause 82— Fair Work Agency: review of resourcing — (1) The Secretary of State must conduct a review of the resources available to the Fair Work Agency. (2) The review must be published and laid before Parliament within six months of this section coming into force.” This new clause asks the Secretary of State to review the resources available to the Fair Work Agency to ensure that enforcement of provisions in the Act are effective. New clause 88— Rules as to political fund — (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In subsection (1) of section 84 (Contributions to political fund from members of the union), after subsection (1), insert— “(1A) An opt-in notice under subsection (1) must include the member of the trade union’s consent to annual renewal of the contribution to the political fund (a “renewal opt-in”). (1B) The renewal opt-in must be sent by the member of the trade union─ (a) within six months of the initial opt-in and every six months thereafter, or (b) each time payment is due, at least 28 days before payment is taken, whichever is longer. (1C) If the member of the trade union does not provide a renewal opt-in, the trade union must provide a date by which the member must notify the trade union of their consent to continued contribution towards the political fund, which must be no earlier than 28 days before the next payment to the political fund is due. (1D) If the member has not— (a)opted into an arrangement under subsection (1A) or (1B), or (b) given notification of their consent to continued contributions by the date specified under subsection (1C), their payments to the political fund must cease before the renewal date.”” This new clause will ensure that trade union members are asked whether they wish their contribution to the political fund to renew automatically and would require that, if the member does not wish to renew their contribution, the union must provide a date by which the member has to confirm they wish to continue to contribute. New clause 89— Certification Officer: growth duty — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 254 (The Certification Officer), after subsection (2), insert— “(2A) In discharging the functions of the Certification Office, the Certification Officer must, so far as reasonably possible, act in such a way as to advance the following objectives— (a) the international competitiveness of the economy of the United Kingdom; and (b) economic growth of the United Kingdom in the medium to long term.”” This new clause would require the Certification Officer to advance the objectives of the international competitiveness of the economy and its growth in the medium to long term. New clause 90— Regulations under Part 4 — “When making regulations under Part 4 of this Act, the Secretary of State must have regard to the following objectives— (a) the international competitiveness of the economy of the United Kingdom; and (b) the economic growth of the United Kingdom in the medium to long term.” This amendment would require the Secretary of State, when making regulations under Part 4 of the Bill, to have regard to the objective of the international competitiveness of the economy and its growth in the medium to long term. New clause 98— Pressure to impose union recognition requirement — “In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 225 (Pressure to impose union recognition requirement).” This new clause would remove section 225 from the Trade Union and Labour Relations (Consolidation) Act 1992 on pressure to impose union recognition requirement. New clause 99— Electronic balloting — “(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a statutory instrument containing an order under section 54 of the Employment Relations Act 2004. (2) That order must specify that— (a) permissible means may, in the case of any description of ballot or election, include (or consist of) electronic voting; and (b) any ballot or election including (or consisting of) electronic voting must be conducted pursuant to section 230 (Conduct of ballot) of the Trade Union and Labour Relations (Consolidation) Act 1992. (3) The Secretary of State must not make an order under this section until a consultation with the Trades Union Congress and the Certification Officer has been conducted. (4) An order under this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.” This new clause requires the Secretary of State to make an order for electronic voting in a ballot or election pursuant to section 54 of the Employment Relations Act 2004 within six months of the passing of this Act, and following consultation with the TUC. New clause 100—Notice to employers of industrial action: amendment— “In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992, omit subsections (3) to (9) and insert—- “(3) For the purposes of this section a relevant notice is one in writing which— (a) identifies— (i) the day or the first of the days on which, at the time of the service of the relevant notice, the union proposes to call industrial action; and (ii) the categories of employee the union intends to call on to take industrial action; and (b) must be provided to the employer as early as practicable after the ballot result is known and the decision to take industrial action in furtherance of it has been taken. (4) If the industrial action relates to an event which has already taken place, no relevant notice shall be required.”” This new clause replaces the provisions in section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 to define a relevant notice for industrial action, when one must be provided and when one is not required. New clause 103— Public sector contracting: trade union recognition — “(1) The Procurement Act 2023 is amended as follows. (2) In Part (2) (principles and objectives), after section 14A insert— “14B Obligations of contractors to recognise trade unions (1) The Secretary of State has a duty to ensure that any contract entered into after the coming into force of this Act by a— (a) government department; (b) executive agency of government; (c) non departmental public body; or (d) non Ministerial department, is compliant with the requirements set out in subsection (2). (2) A contract under subsection (1) must require the contractor to such a contracting authority to— (a) recognise an independent trade union for the purposes of collective bargaining, and (b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining. (3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992. (4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2). (5) The complaint may be made to the Central Arbitration Committee. (6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect. (7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2). (8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under subsection (7). (9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).”” This new clause is designed to ensure that all public contractors comply with the duty to recognise a trade union for the purposes of collective bargaining and that such contractors take steps to ensure that any sub-contractors do the same. The terms “contracting authority” and “public contract” are defined in section 2 and 3 of the Procurement Act. New clause 106— Collective bargaining — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 209, after “industrial relations” insert— “and in particular to encourage the extension of collective bargaining and the development and, where necessary, reform of collective bargaining machinery.”” This would add duties around collective bargaining to the general duty of ACAS. New clause 107— Whether agreement intended to be a legally enforceable contract — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) For section 179, substitute— “179 Whether agreement intended to be a legally enforceable contract (1) A collective agreement shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract unless the agreement— (a) is in writing, and (b) contains a provision which (however expressed) states that the parties do not intend that the agreement shall be a legally enforceable contract. (2) A collective agreement which satisfies those conditions shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract. (3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall not be a legally enforceable contract, then— (a) the specified part or parts shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract, and (b) the remainder of the agreement shall be conclusively presumed to have been intended by the parties to be such a contract. (4) A part of a collective agreement which by virtue of subsection (3)(a) is not a legally enforceable contract may be referred to for the purpose of interpreting a part of the agreement which is such a contract.”” This new clause replaces Section 179 on whether agreement intended to be a legally enforceable contract in the Trade Union and Labour Relations (Consolidation) Act 1992 New clause 108— Industrial action: workers’ rights — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) After section 219, insert— “219A Right to strike Every worker shall have the right to take industrial action, whether or not in breach of any contract, subject to the provisions of this Part.” (3) Omit section 223 (Action taken because of dismissal for taking unofficial action).” This new clause would establish a clearer right to strike and remove provisions from the Trade Union and Labour Relations (Consolidation) Act 1992 that make strike action unlawful on the grounds that it turns out (retrospectively) that the action the worker took was unofficial. New clause 109— Industrial action and ballots — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) Omit— (a) section 224 (Secondary action) (b) 225 (Pressure to impose union recognition requirement) (c) 226A (Notice of ballot and sample voting paper for employers) (d) 228 (Separate workplace ballots), and (e) 228A (Separate workplaces: single and aggregate ballots). (3) In section 234 (Period after which ballot ceases to be effective), omit subsections (1) to (5) and substitute: “(1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded when─ (a) the dispute which gave rise to it ceases, or (b) the union has taken no steps to pursue the dispute for a period of six months.” (4) In subsection (1) of section 244, (Meaning of “trade dispute" in Part V)— (a) omit “a dispute between workers and their employer” and substitute “a dispute between workers and one or more employers”. (b) omit “which relates wholly or mainly to” and substitute “connected with”. (5) In subsection (5) of section 244, omit “a worker employed by that employer” and substitute “a worker employed by an employer”.” This new clause would remove provisions that ban all forms of secondary action; make changes to the definition of “trade dispute”; enable industrial action to be taken to achieve recognition for collective bargaining; remove obligation on a TU to provide a ballot paper to the employer; give TUs more freedom to choose which constituencies they will ballot; and remove an obligation on the union in a long running dispute to re-run the ballot every six months. New clause 110— Review into the impact on small businesses — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of Part 4 (Trade Unions and Industrial Action, etc) of this Act on small and medium-sized enterprises. (2) The review under subsection (1) must have regard to— (a) administrative costs; (b) legal costs; and (c) tax changes affecting small and medium-sized enterprises taking effect from the 2025-26 financial year. (3) For the purposes of this section, small and medium-sized enterprises are businesses employing 250 or fewer employees.” This new clause would require the Secretary of State to publish a review on the impact of Part 4 of this Bill, on Trade Unions and Industrial Action, on SMEs within 3 months of the passage of this Act. New clause 111— Legal aid in employment tribunals — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a report on the options for expanding the right to legal aid in employment tribunals. (2) The report under subsection (1) must consider— (a) the impact employers' compliance with measures contained within this Act; and (b) the impact on employees’ personal finances.” This new clause would require the Secretary of State to report on the impact of expanding the right to legal aid in employment tribunals within 3 months of the passage of this Act. New clause 112— Review of single enforcement body — “(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of a single enforcement body as provided for under Part 5. (2) The review under subsection (1) must assess the impact of the single enforcement body with the impact between 2019 and 2025 of the following four enforcement bodies— (a) Gangmasters and Labour Abuse Authority (GLAA) (b) Employment Agencies Standards Inspectorate (EAS) (c) His Majesty’s Revenue and Customs (HMRC) (d) Health and Safety Executive (HSE) (3) The review under subsection (1) must have regard to— (a) business compliance costs (b) Employers’ compliance with employment law (c) the number of employees seeking support in relation to employment disputes.” This new clause would require the Secretary of State to review the impact of a single enforcement body compared with separate enforcement bodies within 3 months of the passage of this Act. Amendment 270, page 61, line 14 leave out clause 50. New clause 70 is intended to replace clause 50. Government amendments 162 to 164. Amendment 282, clause 50, page 61, line 31, after “workplace” insert, or “(b) the right to use to any digital communications tools used by workers in the workplace.” This amendment aims to ensure that access for unions to workplaces includes digital means of communication with workers. Government amendments 165 to 185. Amendment 271, clause 51, page 69, line 18, at end insert— “(2A) In paragraph 22 (collective bargaining: recognition)— (a) leave out sub-paragraph (1)(b) and insert— “the CAC has evidence, which it considers to be credible, that a majority of workers constituting the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf’.” (b) leave out subparagraphs (3), (4) and (5). (2B) In paragraph 25 (collective bargaining: recognition)— (a) in sub-paragraph (3)(a) leave out “20 working days” and substitute “10 working days”, and (b) leave out sub-paragraph (3)(b). (c) after sub-paragraph (4)(a) insert “(aa) by secure electronic voting,” (d) in sub-paragraph (4)(c) leave out “and b” and substitute “to (c)” (e) after sub-paragraph (4)(c) insert— “(d) only amongst those who are employed in the proposed bargaining unit and were so employed at the time the application was made”. (2C) In paragraph 26 after sub-paragraph (4) insert— “(3A) In the event that the union (or unions) consider that such access has been unreasonably refused, it (or they) may apply to the CAC for a declaration and order that access be granted and in the event that such a declaration or order is made and the union (or unions) consider that such a declaration or order has been breached it (or they) may apply to the High Court for relief.” (2D) In paragraph 26 after sub-paragraph (4B) insert— “(4BA) The sixth duty is to refrain from any act or omission, direct or indirect, likely to encourage a union member or members to resign from union membership or likely to discourage a person from joining a union or any particular union. (4BB) It shall be unlawful to compel a worker or workers by threat of detriment or dismissal to attend any meeting in which the employer, its servants or agents expresses the view directly or indirectly that— (a) membership of a union or any union; or (b) recognition for the purposes of collective bargaining of a union or any union by the employer, is undesirable.” (2E) In paragraph 27B(2) leave out “must be made on or before the first working day after” and substitute “must be made within 20 working days after”. (2F) In paragraph 29 (collective bargaining: recognition) leave out sub-paragraph (3)(b). (2G) In paragraph 35(1) leave out “a collective agreement under which a union (or unions) are recognised as entitled to conduct collective bargaining” and substitute “a collective agreement under which an independent union (or independent unions) are recognised as entitled to conduct collective bargaining”. (2H) In paragraph 35(1) after “in the rules” insert “‘in relation to all pay, hours and holidays”. (2I) In paragraph 39(2)(a) leave out “years” and substitute “months”. (2J) In paragraph 40(2)(a) leave out “years” and substitute “months”. (2K) In paragraph 41(2)(a) leave out “years” and substitute “months”. This amendment makes changes to the Trade Union and Labour Relations (Consolidation) Act 1992 regarding union recognition and balloting. Amendment 291, page 71, line 1, leave out clause 52. Amendment 292, clause 52, page 71, line 6, at end insert— “(2A) In subsection (1) of section 82 (Rules as to political fund), after paragraph (d) insert— “(e) that trade union members who have not opted out of the political fund must signal, in writing, their agreement to continue contributing to the fund at the end of a period of 12 months after last opting into the fund, and (f) that trade union members must be given an annual notice about their right to opt out of the political fund. (1B) A notice under subsection (1)(f) must include a form that enables the member to opt out of the fund.”” This amendment would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in to the political fund from their members. Government amendments 186 to 191. Amendment 293, page 73, line 6, leave out clause 54. Amendment 294, page 74, line 14, leave out clause 55. Amendment 296, clause 55, page 75, line 3, after “employee”, insert— “, and (c) in relation to a public sector employer, the performance condition is met. (3A) The performance condition is met if the Secretary of State is satisfied that the public sector employer is meeting any performance standards set out in a relevant enactment.” This amendment prevents facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance. Amendment 295, page 78, line 5, leave out clause 56. Amendment 299, page 78, line 30, leave out clause 58. Government amendments 192 to 199. Amendment 315, page 79, line 28, leave out clause 60. This amendment would leave out Clause 60 on electronic balloting for industrial action. NC99 is intended to replace clause 60. Government amendments 200 to 201. Amendment 297, clause 61, page 80, line 6, leave out “seventh” and insert “fourteenth”. This amendment would increase, from seven to 14 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action. Government amendment 202. Amendment 348, page 80, line 9, at end insert— “(3) The Trade Union and Labour Relations (Consolidation) Act 1992 is also amended as follows. (4) In section 231 (Information as to result of ballot), omit from “shall” to after “told” and insert— “display, reasonably prominently on its website, on a webpage reasonably easy to find and which is freely accessible to the general public—” (5) Omit section 231A.” This amendment would change the requirements for notification about the results of a union ballot. Amendment 346, clause 62, page 80, line 19, at end insert— “(3) In section 220 (Peaceful picketing)— (a) in subsection (1), after “attend”, insert “a place of work”; (b) omit subsections (1)(a) and (1)(b); and (c) omit subsections (2) to (4).” This amendment, along with amendment 348, would remove the restriction confining pickets to a worker’s place of work. Amendment 300, clause 63, page 83, line 9, at end insert— “236E Actions short of a strike: exemption (1) The right of a worker not to be subjected to detriment under section 236A does not apply in cases where the worker is involved in one or more of the following activities— (a) intimidation at picket lines; (b) protests organised by trade unions in furtherance of a dispute— (i) at the premises of a company; (ii) at the private residences of senior managers; or (iii) at the premises of other organisations that are connected with the dispute; (c) harassment or bullying of non-striking workers, or those who are covering for striking workers; (d) victimisation or harassment of senior managers; or (e) action aimed at damaging property or disrupting business contingency planning. (2) The Secretary of State must ensure that the circumstances under subsection (1), in which the right of a worker not to be subjected to detriment do not apply, are set out in a code of practice.” This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances. Government amendments 203 to 226 and 236 to 239. Government new schedule 2— Trade union recognition. Government amendments 247, 249, 251 to 261. New clause 77— Employment Law: Scotland Act — “(1) The Scotland Act 1998 is amended as follows— (2) In Schedule 5 of the Scotland Act 1998, omit section H1 (Employment and industrial relations).” This new clause would remove matters related to employment from the list of the reserved matters that remain the responsibility of the UK Parliament alone and would enable the Scottish Parliament to legislate on those matters .

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  This is going to end up in a back and forth on things that are not a matter for the Chair. Declarations are the responsibility of individual Members to make appropriately through the right processes.

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  Obviously, further clarity on this issue is required, as it was raised earlier. It is the responsibility of individual Members to ensure that they declare their interests properly. The procedure for raising a complaint of this sort is by writing to the Parliamentary Commissioner for Standards. The guide to the rules sets out the rules relating to the declaration of interests in debates. This is not otherwise a matter for the Chair. I hope that brings some further clarity to the issue. I call the Chair of the Business and Trade Committee.

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  Before the hon. Lady responds, she will no doubt realise that she is close to eight minutes. I know she will want to speak for a little while, but not too much longer.

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  Order. More than 30 Members wish to speak. I do not want to set a time limit, but if Members can police themselves and keep their speeches to just shy of eight minutes, everyone will definitely get in.