B

Baroness Barran (Con)

Speaking in the House of Lords on 19 June 2025

Debate

Children’s Wellbeing and Schools Bill

Contribution

I understand that, and I stand by what I said. There is a risk that this will result in an exiting of capacity, and that the reverse of what the Government rightly want to happen will happen: that in some areas that will put even more pressure on capacity and price. I do not accept that you can say on the one hand that these margins are unacceptable, but, on the other, you cannot say what is acceptable. What we are seeing is a failure of commissioning. One of my amendments in an earlier group—I think it was Amendment 119ZA, but I may be wrong—sought to align the interests of children and those of operators. The commissioning model we have today is not working, and that needs to be fundamentally addressed. Maybe the Government could reconsider their response. We have examples in defence and pharmaceuticals of commissioners setting what is an acceptable margin, and providers bidding or not bidding based on that margin. I do not understand why the Government cannot say what an acceptable margin would be. I accept that the Minister’s response to my Amendments 504A and 505A goes at least some way towards what I was aiming for. I was more troubled by her response on natural persons. I thought we were talking about 10 sole traders, but we are now talking about finance directors in businesses, so I think that my concerns are entirely valid. On financial penalties, my recollection, which may be wrong, is that we have a limit on fines in the Online Safety Act. The Minister will correct me if it is in regulations but, if it is in that Act, I do not see why it cannot be in this Bill too. That matters because we need local authorities, charities, social enterprises or the private sector to add capacity in those areas and, without certainty, they could be forgiven for hesitating. A striking omission in the Minister’s remarks—perhaps she could respond in writing on this—concerns what was said at the Dispatch Box on Tuesday about the level of profitability in the sector. I think I am right in saying that the figure was for 19 businesses and not the whole sector. I repeat: the financial regime that the department wants to introduce is very sophisticated, and I do not think it fair to send a Minister to the Dispatch Box with out-of-date and incorrect data.

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