Education and Skills Bill

I shall speak specifically to Amendments Nos. 146, 150A and 153. Amendment No. 150A is a new version of what used to be Amendment No. 142, which has been withdrawn, and which we slightly resisted. We support the noble Baroness, Lady Morris, in seeking a more explicit definition of ““reasonable excuse””, and also in the notion that the court should be very much the last resort. ““Reasonable excuse”” is covered at some length in a letter dated 13 February from the Minister, Jim Knight, to my noble friend Mr Laws in the other place. The letter clearly sets out the circumstances that will constitute a reasonable excuse, such as having health problems, being a young carer, giving birth and so forth, as mentioned by the noble Baroness, Lady Morris, and stated in the amendment. It also makes it clear that guidance will be issued to local authorities on how to interpret that concept. I do not know when the Government are likely to issue the guidance or whether we shall have sight of it before we come to the next stages of the Bill after the Recess. All of these amendments relate to the possible penalties that might be imposed on young people as a result of their failing to respond to any of the encouragements or sanctions from the local authority that is trying to get them to participate in education and training. They were proposed to us by the Zacchaeus trust, which works extensively with young people and knows very well how little money most of them have. It agues that a failure to recognise the depth of poverty experienced by the 10 per cent of young people who need help most will undermine all the good intentions of this legislation. Unemployment pay for a 16 to 18 year-old is £47.95 a week. Most do not get that. They are eligible only if they are in severe hardship. But if they are in this category—if they have broken up with their parents and are homeless—£47 a week is still a totally inadequate amount to live on. If they participate in education and training, they are eligible for the education maintenance allowance of £30 a week, but only if their parents apply. Many parents do not apply, partly because they are often poor and illiterate and find it impossible to understand the forms they would have to complete. Clause 43 includes appeal arrangements, but on these occasions most of these young people and their parents need help in formulating such appeals. If they do not participate, under the proposals they could be hit in a youth court with a class 1 fine, the maximum of which is £200. Amendment No. 150A suggests that such sanction should be used only as the last resort and asks the Secretary of State to define the circumstances constituting a last resort. Amendment No. 146 suggests that any fine must not take the form of deductions from unemployment. If a young person is receiving only £47.95 a week, he cannot afford to lose any of it. Amendment No. 153 suggests that the issue should always be dealt with in a youth court. I seem to recall that we have already had assurances from the Minister that all of these young people will be dealt with in a youth court, even if they are over 18 when they are brought to court. If the issue has arisen as a result of behaviour before they were 18, it should nevertheless be dealt with by a youth court. I look forward to hearing what the Minister has to say in response to these amendments.