My Lords, I can assure the noble Baroness, Lady Hughes, that as a mother I would never regard child/staff ratios as being a dry subject. No doubt other noble Lords have had the same experience as she of what it feels like to look after three under-fives. However, coming home to find a childminder reading Captain Pugwash to my two spellbound little boys while at the same time spooning food into my baby girl, and everything being peaceful and quiet, demonstrated that some considerable skills are required. That was not quite how I managed it.
These amendments seek to set out ratios and minimum qualifications in primary legislation. As the noble Baroness and my noble friend Lady Walmsley have pointed out, staff/child ratios are currently set out in the Statutory Framework for the Early Years Foundation Stage and are made under powers in the Childcare Act 2006. Ratios are currently linked to other welfare requirements which are also set out in secondary legislation. To put this into primary legislation would separate it from all the other welfare requirements covering child protection and the suitability of staff. These include health, the safety and suitability of premises, the environment and equipment. These are all equally important and interrelated areas concerning the well-being and safety of young children. In our view, all aspects of the welfare requirements are intrinsically linked and should stay together in secondary legislation.
As my noble friend pointed out and the noble Baroness, Lady Hughes, will know extremely well, the ratios were in secondary regulations under the previous Government. It may very well have been the noble Baroness who took this through as Secretary of State.
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