Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 — House of Lords, 2019-04-24
Topic: Education
Donald Curry (Crossbench, Unknown): My Lords, I endorse many of the comments made by the right reverend Prelate, particularly on the impact of the regulations on the role of parents. To judge by the size of my mailbox and the numerous letters I have had on the subject, there is deep concern. I completely discount the scurrilous mail that we all receive, which has already been referred to The Secondary Legislation Scrutiny Committee’s report rightly says that, "these Regulations raise highly sensitive issues about which many people feel very strongly" The sub-committee received evidence from more than 430 correspondents, all raising concerns. The report says that "none voiced uncritical support"—not one. These concerns appear to have been ignored. There is a long-established right, as has been said, for parents to withdraw their children from subjects where there is likely to be teaching that clashes with the views of the family. Religious education and sex education are the two most notable areas. This is for very good reason: it is an acknowledgement that the responsibility for children’s moral and religious education lies first and foremost with parents. That is not a role that the state should be taking to itself. We in this place should not be cutting across or undermining the influence of parents. The most common theme in all the correspondence I have received is that the Bill is a potential erosion of parental rights and further evidence of the nanny state taking control The noble Baroness referred to Article 2 of the first protocol to the European convention, which includes these words: "In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions." I am concerned about that aspect of the regulations. There is no right of withdrawal from relationships education in primary schools at all, as the right reverend Prelate said. The right of withdrawal at secondary schools applies only to the sex education element of the relationships and sex education subject. I will come back to that. Even where a parent chooses to withdraw a child from secondary school sex education, that decision can be vetoed by a head teacher. I find that deeply concerning I realise the Government have given assurances—including in the excellent guidance that accompanies these regulations, referred to already by my noble friend Lady Deech—that the power of head teachers to refuse withdrawal will rarely be used. However, I could not find that assurance in the regulations themselves: it is not there. The law will simply say that the request must be granted, "unless or to the extent that the head teacher considers that the pupil should not be so excused" That unequivocally gives the head teacher the final say. It is only the guidance that says this power is to be used rarely, and guidance can change. This is a fundamental change to the current position. In my view, the right of withdrawal should have been retained in full.