Baroness Barran (Con)

My Lords, I thank all noble Lords who contributed to this short but important debate. My noble friend Lord Agnew, the noble Baroness, Lady Wolf, and the noble Lord, Lord Storey, gave good, practical examples of the risk of this approach and of undoing some of the good and innovation that have happened in the sector over several years. The noble Lord, Lord Goddard, said he thought we might be dancing on the head of a pin. He may be right, but there is a fundamental principle at the heart of this, which seems to differ between the Department of Health and the Department for Education, about the amount that you trust leaders in the sector to take these decisions. We have seen really positive change in the education sector in relation to school support staff as a result of innovation and of delegation to school and trust leaders. We on these Benches regret that recentralisation very much, and what appears to be a change and diverging policies between two government departments. The Minister said that we would not have a one-size-fits-all approach. I tried to be clear in my remarks that we will not have a one-size-fits-all approach; that clearly cannot happen. We will have several thousand sizes, and that is just unworkable. I know the Minister does not agree, but I think that is the reality. The Minister talked about ample room for innovation but not wanting a two-tier system. I find it hard to follow the logic. If we have enough room for flexibility, by definition, there will be evolution. There will be a floor but, rightly, there will be differences in different areas. I understood the Minister to say—she will correct me if I misunderstood—that the Government would cover any costs associated with these changes. I remind her that the Government imposed the new employers’ national insurance contribution and have not covered all the costs for schools. Schools are having to try to cover part of it themselves. I hope that, in this case, we can take her word literally that it will be 100% of the cost. One the one hand, I do not think we disagree about innovation, but on the other the Minister did not address the two examples I gave of where it is the package of conditions that is innovative and to the advantage of an individual employee. Her Amendment 112 seems to me—I am not a lawyer—to have been extremely carefully framed. It says: “Subsections (2) to (5) … do not apply in relation to a term or condition”— that is singular— “to the extent that, giving effect to the agreement would alter the term or condition to the person’s detriment”. It goes on in new paragraph (b) to say, “do not prevent the terms and conditions”— plural— “of a person’s employment from including a term or condition”, here it is singular, “that is more favourable to the person than that which would otherwise have effect”. When I talk to leaders in the sector, they are worried. They put together a package of conditions. I gave the example of where someone has a requirement to reach a level 3 qualification and is then entitled to higher pay, which benefits children and that individual. The Minister did not address that point, and I am left not with a concern that we want a different thing, although I have a nagging doubt that this phrasing would exclude that, but with the reality that, as drafted, we need my Amendment 111B. I shall test the opinion of the House when we come to that amendment. I beg leave to withdraw Amendment 111A.