HC Deb 24 October 1979 vol 972 cc435-40

4.8 p.m.

Mr. Hal Miller (Bromsgrove and Redditch)

I beg to move, That leave be given to bring in a Bill to amend sections 39 and 55 of the Education Act 1944; and for connected purposes. This is the third time that I have had the privilege of introducing a Bill of this kind and I pay tribute to the constancy of my sponsors, who have stayed with me in my necessary endeavour to bring up-to-date sense into the rules regarding the provision of school transport and to do away with the link between that provision and truancy prosecutions.

At present, there is a distance over which school transport is provided free. That limit was set under the Education Act 1944 at distances appropriate to that time. The heavy increase in the use of our roads since then means that we must take into account the serious safety factors affecting schoolchildren who are required to walk up to three miles—in the case of older children—to school. It is a particular problem on dark winter mornings or evenings and for those who often have to use roads without footpaths.

There are many areas in my constituency where this is a real fear in the minds of parents. It is also the case throughout the country. Support for this Bill has been drawn from all sides of the House and from all parts of the country, although I have to lament the absence of some of the original sponsors as a result of the recent election.

The safety factor is a real one in the minds of parents. There is also the question of the breakdown of law and order and the dangers to which young girls especially are exposed when required to walk home over such distances, particularly in hours of darkness. There are many parts of the country where this is unfortunately a very real consideration in the minds of parents.

Apart from the question of safety, there is the fact that local education authorities have relied on these arbitrary limits as a means of enforcing the truancy provisions on the ground that it is reasonable to attempt to prosecute parents for not sending their children to school if they are under the walking limit that is laid down. I am sure that all parts of the House would agree that fresh thought has to be given to the truancy question and that distance of transport is no longer relevant to the issue.

The provisions of the Bill remain the same as those of the previous Bills, for the introduction of which I have successfully sought the leave of the House. They make provision for regulating powers to ensure that in cases where parents receive family income supplement there would be authority to allow for the free provision of transport, but subject to those powers the idea is that there should be provision of transport and provision to charge for it at a flat rate.

I do not think that I need detain the House for the full 10 minutes in view of the agreement expressed in all parts on previous occasions. I content myself by concluding that this is a necessary measure and that if the provisions in the forthcoming Government Bill render these provisions unnecessary I shall be grateful. But we would be well advised to insist on these provisions while we await the Government's proposals.

Miss Sheila Wright (Birmingham, Handsworth)

In the West Midlands, the hon. Member for Bromsgrove and Red-ditch (Mr. Miller) has something of a reputation for being a maverick. I find it fascinating, all the same, that he is prepared to sponsor a Bill which, if it becomes law, will affect a far higher proportion of his constituents than mine, as I represent a largely urban area. It will affect a far larger proportion of constituents of Conservative Members than of Labour Members. It is a new one on me when an hon. Member turns round and kicks his own constituents smartly in the teeth.

I would like to examine briefly what I consider this essentially nasty, mean-minded little Bill will involve. It is so nasty and so mean-minded a proposal that, even with a Government as ungenerous and as benefit-snatching as the present one, the hon. Gentleman is not prepared to leave it to his own Front Bench to put forward the proposal.

Two main categories of children will be affected. Many children, mostly of secondary school age, in rural areas will be affected by having to pay, or their parents having to pay, whether they can afford it or not. Do not talk to me about families on family income supplement level. People just above that level find great difficulty in managing. They experience even more difficulty managing under the increasing inflation rate at this time, and get very little benefit from tax rebates.

Secondly, there will be children attending special schools throughout the country, and not only in rural areas. There are two ways in which local education authorities can take advantage of what will become their freedom not to levy a charge. They can tell the parents to use public transport. This would apply mainly perhaps to the urban areas, if public transport is available there. So children will at least reach their schools at considerable cost, taking into account rising bus fares.

I cannot quote from the hon. Gentleman's constituency, but in the built-up urban areas that I represent it is quite common for children to attend a special school five or six miles away from where they live. I am keeping that figure fairly low. Some children can travel 12 miles. It is further in the rural areas. That would mean that a child under 14 who can travel alone at half rate would pay about 40p a day. With an older child, or a child who is blind, deaf or mentally or physically handicapped and has to be accompanied by his parents, it would mean a cost of 80p a day for the children and double that amount for the accompanying parent.

Alternatively, local education authorities can provide transport and charge for it. That is what I believe the hon. Gen-

tleman was talking about. That means a minimal saving. No one has suggested that charging for children will greatly decrease the money spent on the service. It will do a great deal to make the situation worse for the parents of poorer children who are trying to manage under the present situation, in many cases with great difficulty.

I congratuate the hon. Gentleman on managing to concoct and bravely putting his name to a Bill that will hit a wide range of constituents of Conservative Members of Parliament in country areas and the blind, the deaf and the physically and mentally handicapped throughout the country. From my contacts with them, I believe that even the majority of Conservative local education authorities will be concerned about the Bill. It will save very little money unless local education authorities are prepared to ignore the educational needs of many children who would not get to school at all if the spirit as well as the letter of the Bill were enacted. Some parents will not be able to afford the money. Some will not be able to undertake two wearisome and expensive journeys on top of all their other commitments, possibly to a young family.

I can only repeat that this is a nasty, mean-minded little Bill. I appeal to the House to reject it out of hand.

Question put, pursuant to Standing Order No. 13 (Motions for leave to bring in Bills and Nomination of Select Committees at Commencement of Public Business):—

The House divided: Ayes, 88 Noes, 205.

Division No. 84] AYES [4.20 p.m.
Adley, Robert Crouch, David Knight, Mrs Jill
Alexander, Richard Dickens, Geoffrey Knox, David
Aspinwall, Jack Dover, Denshore Lang, Ian
Atkinson, David (B'mouth, East) Dunlop, John Langford-Holt, Sir John
Beaumont-Dark, Anthony Faith, Mrs Sheila Lennox-Boyd, Hon Mark
Bendall, Vivian Farr, John Lewis, Kenneth (Rutland)
Benyon, w. (Buckingham) Fenner, Mrs Peggy Lloyd, Peter (Fareham)
Bevan, David Gilroy Fookes, Miss Janet McAdden, Sir Stephen
Blackburn, John Fry, Peter MacKay, John (Argyll)
Bowden, Andrew Garel-Jones, Tristan McQuarrie, Albert
Bright, Graham Gow, Ian Major, John
Brotherton, Michael Gower, Sir Raymond Marland, Paul
Brown, Michael (Brigg & Sc'thorpe) Grant, Anthony (Harrow C) Mates, Michael
Bruce-Gardyne, John Grylls, Michael Maxwell-Hyslop, Robin
Burden, F. A. Hawksley, Warren Meyer, Sir Anthony
Butcher, John Holland, Philip (Carlton) Mills, Iain (Meriden)
Cadbury, Jocelyn Howell, Ralph (North Norfolk) Montgomery, Fergus
Carlisle, John (Luton West) Irving, Charles (Cheltenham) Mudd, David
Carlisle, Kenneth (Lincoln) Jessel, Toby Neale, Gerrard
Chapman, Sydney Johnson Smith, Geoffrey Needham, Richard
Clark, Hon Alan (Plymouth, Sutton) Kaberry, Sir Donald Nelson, Anthony
Corrie, John Kitson, Sir Timothy Neubert, Michael
Onslow, Cranley Speller, Tony Watson, John
Osborn, John Spence, John Wheeler, John
Page, Rt Hon R. Graham (Crosby) Sproat, Iain Williams, Delwyn (Montgomery)
Rathbone, Tim Steen, Anthony Winterton, Nicholas
Rees-Davies, W. R. Thomas, Rt Hon Peter (Hendon S)
Rhodes James, Robert Thorne, Neil (Ilford South) TELLERS FOR THE AYES:
Rost, Peter Viggers, Peter Mr. Roger Moate and
Shepherd, Colin (Hereford) Walters, Dennis Mr. Hal Miller.
Smith, Dudley (War. and Leam'ton) Ward, John
NOES
Abse, Leo Foulkes, George Oakes, Rt Hon Gordon
Allaun, Frank Fraser, John (Lambeth, Norwood) O'Halloran, Michael
Alton, David Freud, Clement O'Neill, Martin
Archer, Rt Hon Peter Garrett, W. E. (Wallsend) Orme, Rt Hon Stanley
Armstrong, Rt Hon Ernest George, Bruce Owen, Rt Hon Dr David
Ashley, Rt Hon Jack Graham, Ted Palmer, Arthur
Ashton, Joe Grant, George (Morpeth) Park, George
Atkinson, Norman (H'gey, Tott'ham) Grant, John (Islington C) Parker, John
Barnett, Guy (Greenwich) Hamilton, James (Bothwell) Parry, Robert
Barnett, Rt Hon Joel (Heywood) Hamilton, W. W. (Central Fife) Pavitt, Laurie
Beith, A. J Harrison, Rt Hon Walter Penhaligon, David
Benn, Rt Hon Anthony Wedgwood Hattersley, Rt Hon Roy Powell, Raymond (Ogmore)
Bennett, Andrew (Stockport N) Haynes, Frank Prescott, John
Bidwell, Sydney Healey, Rt Hon Denis Price, Christopher (Lewisham West)
Booth, Rt Hon Albert Heffer, Eric S. Race, Reg
Boothroyd, Miss Betty Hogg, Norman (E Dunbartonshire) Radice, Giles
Bottomley, Rt Hon Arthur (M'brough) Holland, Stuart (L'beth, Vauxhall) Rees, Rt Hon Merlyn (Leeds South)
Bradley, Tom Home Robertson, John Richardson, Miss Jo
Brown, Hugh D. (Provan) Homewood, William Roberts, Albert (Normanton)
Brown, Ronald W. (Hackney S) Hooley, Frank Roberts, Allan (Bootle)
Brown, Ron (Edinburgh, Leith) Howells, Geraint Roberts, Ernest (Hackney North)
Buchan, Norman Huckfield, Les Robertson, George
Callaghan, Jim (Middleton & P) Hughes, Robert (Aberdeen North) Rooker, J. W.
Campbell-Savours, Dale Hughes, Roy (Newport) Roper, John
Canavan, Dennis Jay, Rt Hon Douglas Ross, Ernest (Dundee West)
Cant, R. B. Johnson, Walter (Derby South) Sandelson, Neville
Carmichael, Neil Johnston, Russell (Inverness) Sheerman, Barry
Carter-Jones, Lewis Jones, Rt Hon Alec (Rhondda) Sheldon, Rt Hon Robert (A'ton-u-L)
Clark, David (South Shields) Jones, Barry (East Flint) Shore, Rt Hon Peter (Step and Pop)
Cocks, Rt Hon Michael (Bristol S) Jones, Dan (Burnley) Silkin, Rt Hon John (Deptford)
Cohen, Stanley Kaufman, Rt Hon Gerald Silkin, Rt Hon S. C. (Dulwich)
Coleman, Donald Kerr, Russell Silverman, Julius
Concannon, Rt Hon J. D. Kilroy-Silk, Robert Skinner, Dennis
Conlan, Bernard Kinnock, Neil Smith, Cyril (Rochdale)
Cook, Robin F. Lamborn, Harry Smith, Rt Hon J. (North Lanarkshire)
Cowans, Harry Lamond, James Soley, Clive
Craigen, J. M. (Glasgow, Maryhill) Leadbitter, Ted Spearing, Nigel
Crowther, J. S. Lewis, Arthur (Newham North West) Spriggs, Leslie
Cryer, Bob Lewis, Ron (Carlisle) Stallard, A. W.
Cunliffe, Lawrence Litherland, Robert Stoddart, David
Cunningham, George (Islington S) Lofthouse, Geoffrey Stott, Roger
Cunningham, Dr John (Whitehaven) Lyon, Alexander (York) Strang, Gavin
Dalyell, Tam Lyons, Edward (Bradford West) Straw, Jack
Davies, Rt Hon Denzil (Lianelli) McCartney, Hugh Summerskill, Hon Dr Shirley
Davies, Ifor (Gower) McCusker, H. Taylor, Mrs Ann (Bolton West)
Davis, Clinton (Hackney Central) McDonald, Dr Oonagh Thomas, Dafydd (Merioneth)
Davis, Terry (B'rm'ham, Stechford) McElhone, Frank Thomas, Mike (Newcastle East)
Dean, Joseph (Leeds West) McKay, Allen (Penistone) Tilley, John
Dempsey, James Maclennan, Robert Tinn, James
Dewar, Donald McMillan, Tom (Glasgow, Central) Torney, Tom
Dixon, Donald McNally, Thomas Urwin, Rt Hon Tom
Dobson, Frank McWilliam, John Varley, Rt Hon Eric G.
Dormand, Jack Magee, Bryan Wainwright, Edwin (Dearne Valley)
Douglas, Dick Marshall, Dr Edmund (Goole) Wainwright, Richard (Colne Valley)
Douglas-Mann, Bruce Marshall, Jim (Leicester South) Walker, Rt Hon Harold (Doncaster)
Dubs, Alfred Martin, Michael (Gl'gow, Springb'rn) Watkins, David
Dunn, James A. (Liverpool, Kirkdale) Mason, Rt Hon Roy Weetch, Ken
Dunnett, Jack Maynard, Miss Joan Welsh, Michael
Dunwoody, Mrs Gwyneth Mellish, Rt Hon Robert White, Frank R. (Bury & Radcliffe)
Eadie, Alex Mikardo, Ian Whitehead, Phillip
Eastham, Ken Millan, Rt Hon Bruce Willey, Rt Hon Frederick
Edwards, Robert (Wolv SE) Miller, Dr M. S. (East Kilbride) Williams, Rt Hon Alan (Swansea W)
Ellis, Raymond (NE Derbyshire) Mitchell, Austin (Grimsby) Winnick, David
Ellis, Tom (Wrexham) Mitchell, R. C. (Soton, Itchen) Woodall, Alec
Evans, loan (Aberdare) Molyneaux, James Wright, Sheila
Ewing, Harry Morris, Rt Hon Alfred (Wythenshawe)
Faulds, Andrew Morris, Rt Hon Charles (Openshaw) TELLERS FOR THE NOES:
Fletcher, Ted (Darlington) Morton, George Mr. Martin Flannery and
Forrester, John Mulley, Rt Hon Frederick Mr. Stan Thorne.
Foster, Derek Newens, Stanley
Question accordingly negatived.