Children’s Wellbeing and Schools Bill - Committee (9th Day) (Continued) – in the House of Lords at 7:00 pm on 2 September 2025.
Lord Lucas:
Moved by Lord Lucas
378: After Clause 35, insert the following new Clause—“Protection of home education rights during emergency or authoritarian rule(1) In the event of a national emergency or authoritarian governance, the courts shall have the final authority to safeguard the right to home educate in accordance with this Act.(2) Authoritarian governance shall be defined as any period during which emergency regulations or executive actions suspend, limit, or derogate from rights protected under the Human Rights Act 1998 or the European Convention on Human Rights.”Member's explanatory statementThis Amendment seeks to protect the legal right to home educate in exceptional national circumstances by placing judicial oversight above executive restrictions.
Lord Lucas
Conservative
I move formally to enable debate.
Baroness Barran
Shadow Minister (Education)
I apologise that my final remarks will be slightly negative in tone, but I cannot support this Amendment. It is not appropriate to have such a measure in primary legislation. I do not agree with my noble friend’s definition of authoritarian rule, nor with his prioritisation, if we were in a time of genuine national emergency.
Baroness Smith of Malvern
Minister of State (Education), Minister of State (Minister for Women and Equalities)
I will speak to this Amendment in group 16, which is about the right to home-educate. I reiterate—it feels right to be doing this at the end of this debate, as I did at the start—that parents have the right to educate their child in the way that best suits their needs, if that education is suitable. The Bill does not change that.
Amendment 378, tabled by the noble Lord, Lord Wei, seeks to protect a parent’s right to home-educate in the event of a national emergency or an authoritarian Government. First, this amendment would be ineffective, as Parliament is sovereign. Any law passed by a current Parliament can be changed or repealed by a future Parliament. However, existing legislation is clear that most parents have the right to educate their child otherwise than at school provided that the education their child receives is both safe and suitable. This Government support that right. I hope that, on that basis of reassurance, the noble Lord will feel able to withdraw the amendment.
Amendment 378 withdrawn.
Amendments 379 to 384 not moved.
Amendment 385 had been withdrawn from the Marshalled List.
Amendments 386 to 426A not moved.
House resumed.
Baroness Anderson of Stoke-on-Trent
Baroness in Waiting (HM Household) (Whip), Lords Spokesperson (Cabinet Office), Lords Spokesperson (Northern Ireland Office), Lords Spokesperson (Wales Office), Lords Spokesperson (Scotland Office)
My Lords, we seem to have gone awfully quickly. On that basis, may I ask that we adjourn during pleasure for five minutes in order for all participants in the next business to make their way to the Chamber? Therefore, the House will resume at 7.16 pm.
Sitting suspended.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
