Report on the School Uniforms (Guidelines and Allowances) Bill

Amendment number

Amendment text

1

Clause 1, Page 1, Line 10

Leave out 'from time to time' and insert 'at least once every three years'

Agreed unanimously

2

Clause 1, Page 1, Line 12, at end insert -

'(1A)(1) When developing or reviewing such guidelines, the Department must have due regard to the requirements of Articles 3, 14, 23, 28 and 29 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.

(1B)(1) The Schedule sets out the text of Articles 3, 14, 23, 28 and 29 referred to in section (1A)(1).'

Agreed on a majority of voices

3

Clause 1, Page 1, Line 18

Leave out 'may' and insert 'must'

Agreed on a majority of voices

4

Clause 1, Page 2, Line 1

After 'who' insert ', including pupils and their parents or guardians,'

Agreed unanimously

5

Clause 1, Page 2, Line 9

At end insert -

'(6) The Department must lay any guidelines issued under this section before the Assembly.'

Agreed unanimously

Clause 1 as amended

Agreed unanimously

6

Clause 2, Page 2, Line 12

At end insert -

'(1A) Guidelines under this Chapter must include provision prohibiting any aspects of school uniform policies which restrict choice of items of clothing on the basis of sex or gender.'

Agreed on a majority of voices

7

Clause 2, Page 2, Line 15

After 'pupils,' insert 'including with respect to menstruation'

Agreed unanimously

8

Clause 2, Page 2, Line 15

At end insert -

'(aa) practicality of clothing in relation to play-based curricula and outdoor learning, including within the Foundation Stage (as defined by the Education (Curriculum Minimum Content) Order (Northern Ireland) 2007)'

Agreed on a majority of voices

9

Clause 2, Page 2, Line 15

At end insert -

'(aa) promoting the safety of pupils with regard to road traffic'

Agreed unanimously

10

Clause 2, Page 2, Line 18

At end insert -

'(2A) Guidelines under this Chapter must include provision requiring school uniform policies to allow reasonable accommodations for cultural difference, religious practice, disability or special educational needs.'

Agreed on a majority of voices

11

Clause 2, Page 2, Line 18

At end insert -

'(2A) Guidelines under this Chapter must include provision requiring school uniform policies to ensure all items of clothing required are available for purchase from at least one retailer or provider which does not hold any formal or informal contract or agreement, with the school, relating to provision of such items of clothing.

(2B) Guidelines under this Chapter must include provision specifying that section 2A will not apply to any school uniform policy which includes a statement from the school manager explaining how such a contract or agreement delivers value for money with respect to items of clothing required by the school uniform policy.'

Agreed unanimously

12

Clause 2, Page 2, Line 18

At end insert -

''(2A) Guidelines under this Chapter must include provision requiring a manager of a school to publish, at least once per year, information regarding any formal or informal contracts or agreements, which the school holds with any retailer or provider, relating to provision of items of clothing required by the school uniform policy.

(2B) Provision under section 2A does not apply to any contracts or agreements which were in place before this Act received Royal Assent.'

Agreed unanimously

13

Clause 2, Page 2, Line 18

At end insert -

'(2A) Guidelines under this Chapter must require each school to facilitate or participate in a uniform reuse, loan, or bank scheme.'

Agreed unanimously

14

Clause 2, Page 2, Line 18

At end insert -

'(2A) Guidelines under this Chapter must include provision requiring school uniform policies to permit reasonable adjustments for pupils with a disability or special educational needs, where items of clothing required by those policies cause distress or sensory discomfort or present a barrier to participation.'

Agreed unanimously

15

Clause 2, Page 2, Line 18

At end insert -

'(2A) The Department must issue guidance, in consultation with relevant advocacy groups and organisations, on how schools may adapt uniform policies to accommodate pupils with a disability or special educational needs.'

Agreed unanimously

Clause 2 as amended

Agreed on Division:

6 in favour;

NM,PS,CM,DB,MG,CH

2 against; PM, DB

16

Clause 3, Page 2, Line 29

Leave out 'may' and insert 'must'

Agreed on a majority of voices

17

Clause 3, Page 2, Line 34

At end insert -

'(2) In particular, guidelines under this Chapter must include provision requiring school uniform policies to require no more than four items of clothing which bear school-specific features.

(3) Guidelines under this Chapter must further include provision prohibiting school uniform policies from requiring school-specific features on any shirt, blouse, trousers, skirts, tights, socks or shoes.

(4) For the purposes of this section, an item of clothing bears school-specific features if it is

(a) branded with a crest, logo, motto, emblem, marking or name which is distinctive to the school

(b) of a particular make, style, combination or fabric, or

(c) otherwise identifiable as a distinctive element of the school uniform.

(5) Guidelines under this Chapter must, where practicable, include provision requiring school uniform policies to permit the application of badges, emblems or markings to generic items of clothing as an alternative to items of clothing bearing school-specific features.'

This amendment was not agreed.

A number of members wanted

to bring this forward but

there was not Committee agreement

about this wording. Without sight

of guidelines and without a clear

direction on a cap this is a

particularly difficult and complex

amendment to draft. Overall,

members wanted to do further work

together after the Committee Stage

to develop precise wording to

ensure the intended effect

and avoid unintended

consequences

Clause 3 as amended

Agreed on Division:

6 in favour;

NM,PS,CM,DB,MG,CH

2 against; PM, DB

Clause 4 as drafted

Agreed unanimously

18

After clause 4 insert -

'Reporting on school uniform costs and capping of expense

4A. (1) The Department must publish a written report, at least once every three years, detailing-

(a) Its assessment of the cost of school uniforms and their components, including mean costs, median costs and factors contributing to these, and

(b) The effect of any capping of expense included in guidelines as a result of section (4), or if no such capping of expense has been set, the reasons for this, and

(c) Its subsequent plans for

(i) Reviewing and, if appropriate, amending the guidelines, and

(ii) Imposing, ending or otherwise modifying any capping of expense.'

(2) The first report under paragraph (1) must be published within the period of 3 years beginning with the date on which this Act receives Royal Assent.

Agreed unanimously

Clause 5 as drafted

Agreed unanimously

19

Clause 6, Page 3, Line 29

At end insert -

'(3) A manager of a school must publish and operate procedures to enable complaints to be made concerning the school uniform policy, which must include provision permitting the school a maximum of three calendar months to issue a final response to any complaint.'

Agreed on a majority of voices

Clause 6 as amended

Agreed on Division:

6 in favour;

NM,PS,CM,DB,MG,CH

2 against; PM, DB

20

Clause 7, Page 3, Line 31

Leave out subsections (1) and (2) and insert -

'7.-(1) The Department must give directions as follows to a manager of a school if the Department is satisfied that the manager is (or staff at the school are) in one or more material respects failing to adhere as required to guidelines under this Chapter.

(2) The Department may give directions to a manager of a school as follows if the Department is satisfied that the school's pupils are liable to disciplinary measures or participatory disadvantages at the insistence of the manager (or of staff at the school) in consequence of breaching a school uniform policy applying at the school.'

Agreed unanimously

21

Clause 7, Page 4, Line 11

Leave out paragraph (b)

Agreed unanimously

22

Clause 7, Page 4, Line 30

At end insert -

'(8) Where the Department gives directions to a school, it must publish these within three months of the directions first being given.'

Agreed unanimously

Clause 7 as amended

Agreed unanimously

Clauses 8-14 as drafted

Agreed unanimously

23

Clause 15, Page 7, Line 4

Leave out 'Sections 3 and 4 come' and insert 'Section 4 comes'

Agreed unanimously

Clause 15 as amended

Agreed unanimously

Clause 16

(short title) as drafted

Agreed unanimously

24

After clause 16 insert -

'SCHEDULE

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD

Article 3

1 In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2 States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3 States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 14

1 States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2 States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3 Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 23

1 States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

2 States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.

3 Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

4 States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 28

1 States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) make primary education compulsory and available free to all;

(b) encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) make higher education accessible to all on the basis of capacity by every appropriate means;

(d) make educational and vocational information and guidance available and accessible to all children;

(e) take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2 States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

3 States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29

1 States Parties agree that the education of the child shall be directed to:

(a) the development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) the development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) the development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) the development of respect for the natural environment.

2 No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.'

Agreed on Division:

6 in favour;

NM,PS,CM,DB,MG,CH

2 against; PM, DB

Department of Education

DE explained The areas covered by the guidelines under Clause 1 as: including provides the necessary powers to require that schools publish the rationale behind their uniform requirements, costs, range of suppliers, to publish the consultation that is undertaken including who is to be consulted by schools & how often the policy is to be reviewed. gives power to require schools to consult with parents and pupils. The guidelines may cover transitional arrangements and also transitionary periods for schools.( For example, if a school is changing its uniform, clause 1 allows for a lead-in time.)

DE explained of Clause 2: covers the comfort and practicality of uniforms, value for money, lending of uniforms and the use of clothing banks. They advised the 'unfair costs aspect' (as defined in Clause 8 ) underpins the AFFORDABILITY aspect of the Bill

DE explained Clause 3 allows for the guidelines to set requirements for or restrictions on the number of items or sets of clothing that a school can require pupils to wear. provides the power for a cap to be imposed on the number of branded items. *DE advised more work to

be done on the cap, including on who sets it; on the point in the year at which it is set, how caps will be monitored

and reviewed;

National Association Of Head Teachers

•NAHT fully Supports principles of making uniform affordable but do not agree with making it on a statutory footing. Concerns around compliance burden. • Guidelines already exist and schools already apply the guidance in good faith and, in most cases, effectively. "Formalising it into law risks creating a disproportionate compliance burden on school leaders and governors without clear evidence that the current approach is failing. Introducing legal obligations to demonstrate, publish and review uniform policy at regular intervals risks adding yet another layer of bureaucracy to school leadership for a workforce that is already overextended and under-resourced." •Support meaningful consultation with parents and pupils. "However, that should be encouraged as good and effective practice, not enforced through mandatory publication requirements. "

• Supports principles of making uniform affordable ; aware of the financial pressures on

families. Advised many schools already have uniform banks and offer support for low-income families . School leaders, work hard to minimise unnecessary uniform changes.

•Suggest strengthening the non-statutory guidance from DE. "For example, the Department could

revise and expand its existing uniform guidance. There are clear benchmarks for affordability that

minimise the use of branded items." •Have practical concerns around procurement E.G. "where schools have existing contracts with uniform suppliers, implementing mandatory changes could have legal and financial consequences. There needs to be a phased and sensitive approach ."

Can be strengthened through non-statutory guidance if set clear benchmarks for affordability & minimise branded items.

NICICTU

•"UNISON supports a uniform policy and believes that it should be legal to comply with the Department's uniform guidance." • NASUWT asserts that legislation is an important route to ensuring uniform policies are fit for purpose. For the NASUWT, with regard to the effectiveness of the proposed legislation, this means clear regulation and statutory guidance on affordability of school uniform and equalities considerations, aligned to protected characteristics, clothing and equipment for PE, physical activity and sport. UNISON- Agree should be at engagement with pupils and parents/carers; they should

be published and should be regularly reviewed • Important to have effective arrangements in place for monitoring and evaluation. It is our view that this is an essential method for ensuring transparency as well as ensuring that schools are committed to and adhering to the principles of this policy

•Some schools seek to minimise the cost of uniforms,but " it is clear that the current strategy, based on exhorting schools to behave reasonably, is not fully effective. We therefore welcome the School Uniform (Guidelines and Allowances) Bill as a starting point to address the issues related to unaffordable and unfair uniform requirements. " •NASUWT asserts that school uniform rules should help promote equality and inclusion for all pupils and should not act as a barrier to education. "There should be CHOICE with uniform chosen widely available in high street shops and other retail outlets and internet suppliers, rather than from an expensive sole supplier. " •Need stronger focus in the Bill for schools to give greater consideration for children who have hyper-sensitivities or/and are neurodivergent •UNISON see affordability ,Comfort,Sustainability at core. Gender Neutral clothing and Inclusivity need included. N eed to consider Neuro-diversity/SEN issues in policy.All these need to be eplicitly stated in the bill. Flexibility is needed so that a uniform can be smart for an event, but that should not be at a restrictive cost to parents. " They should be able to adjust their uniform according to their setting." •Non-Intrusive. School uniform policies should not unduly intrude on students' lives. School policies should not dictate hairstyles, make-up choices or jewellery. School uniform policies should not stop students from keeping warm in winter or staying cool in summer. School uniforms should strive to be as un-intrusive as possible

NASUWT welcomed the recent announcement that the UK Government intends to limit the number of branded items schools in England and would welcome similar clear stipulations from the

Northern Ireland AssemblY. •UNISON welcome non-branded PE uniforms. Limit on other items. Crest sold individually so can be applied to widely available items of clothing, not one specific supplier.

Northern Ireland Human Rights Commission

NIHRC state that there is a need to be prescriptive in Bill " if you want something to change, there has to be specificity about what it is that you are trying to change and how you want public authorities to act differently from how they act currently." There needs to be a statutory obligation to comply with the guidelines, or it has to be specifically stated in statute so that everybody knows exactly what is being asked of them. •They support stronger wording in the legislation on consultation with children and young people •They state there should be tracking, data collection, monitoring and review detailed in the Bill in order to ensure that the legislation is complied with but to also identify discrimination or potential discrimination. •NIHRC stated that 'there is a general principle that human rights law must be clear and accessible so that anybody who has to comply with it can see exactly what they have to comply with. .

The legislation should be clear to the schools, the Department, the parents and the children' NIHRC stated that "if we could simply rely on boards of governors in schools to comply with equality legislation and human rights law in every single case, there would not be a need for any regulation of schools. Unfortunately, there are minimum standards that are not always being met.

• NIHRC suggest having a provision of inclusivity in this clause which sets out the principles around comfort, practicality and affordability. "The impact of including that would be to reinforce the duties that are already on schools and a lot of other public authorities to act in ways that are compatible with the Human Rights Act in a non-discriminatory manner." "It is for schools to decide that that uniform is inclusive and how to make it inclusive.....if the school wants to be inclusive, there should not be a requirement for boys and girls to dress differently.It is not just a skirt or trousers. It applies across PE equipment. There are all sorts of reasons why a neutral uniform would be beneficial to everybody. " •They advised that in their response to the Department's consultation they stated "governing bodies should ensure an inclusive uniform policy that does not directly or indirectly discriminate on the basis of gender or gender identity. This includes avoiding strict requirements for items of clothing to only be worn by pupils of a certain gender or gender identity, and by having a gender neutral uniform option available to all pupils." •They see Comfort as a factor and believe that children and young people should be consulted: "If you talk to children and young people and their parents at the school, you should start from that premise that all children should feel comfortable and that they should be able to express themselves, not just physically. " • It should be made clear that "comfort" includes the comfort of an individual child in their

particular circumstances " - children needs could be further defined in the guidelines. They state for example that "If a school uniform policy were to allow for a different material or item in a particular circumstance, that would seem to give proper consideration to that child's special needs. Not to consider it would suggest that you were not very serious about including those children in mainstream education." •NIHRC disagree quite strongly with the view that section 75 is sufficient. "Section 75 is for a whole other purpose. It does not include much broader aspects, such as

the inclusivity that we are talking about. It is much more about monitoring and recording. There is an equal opportunities duty at section 76, which should probably be used more often. You should not,

however, have to go to different umbrella legislation to find those considerations. If you are putting

together legislation that is for the benefit of children and their guardians and parents from a rights

perspective, put them in that legislation. If you were to do that, you would not end up with the provisions that we have here."

NIHRC advised that in their response to the departmental consultation, "they teased

out some areas where further measures could be taken" . (Advised would provide Committee with a copy of this). These icluded whether policy could "stipulate basic items and colours and

state that high-cost items or items with unnecessary variations, such as school colours or variations for

different year groups, could be avoided. The requirement for branded PE kit at any point of a child's

involvement in extracurricular activities can have a prohibitive effect on their ability to fully participate."

Retail NI

Retail Consortium recognise issues of concern, such as the need for and cost of bespoke garments, in the current cost of living crisis for families. They suggest that a "three-year transition period should be introduced to manage the new policy effectively; there should be a phased implementation, with sportswear being the primary focus.

•Retail NI advised that uniform retailers are locally owned, independent retailers which carry "a lot of stock, which entails a significant financial investment." They require clarity about what is being considered by the Department. Retail NI want "to work with the Department of Education to develop a policy that recognises the value of local retailers and gives them an opportunity to continue to trade in the sector. "

•Retail NI believe a change to the market could have devastating consequences for some of our long-established businesses. "To manage any transition effectively, we need a three-year window. The main ordering time for stock is September for the following year's back-to-school business. "

"In September of this year, if we want to have uniforms for school year 2026-27, our suppliers will need to have our orders. If legislative change does not take those factors into account, bankruptcies and mass redundancies across the sector are a real possibility." "Also our suppliers work at least one season ahead so, in September, if we are planning for 2026-27, they are planning for 2027-28." •Retail Ni state that they offer particular types of clothing if a child has sensory needs or allergic reactions. "The beauty of being an independent retailer is that we are versatile, and we help where we can with sensory issues regarding

uniform. Sizing is also a massive issue. There is no norm in sizing. Off-the-shelf clothing does not exist for some, so we have the ability to produce bespoke clothes to suit people's needs".

Retail NI emphasise need for transitionary period in order to be able use up current stock and be able to re-order in time for the 26-27 year. Retail Ni state "the brand should be

the school, whereas, at this moment in time, the brand is a sports company." Retail NI do not think it would be fair to prevent the use of 'branded' sportswear items completely. "To make it fair it is about allowing more competition in the market with more than one supplier to give parents the option". One of the retailers stated that the majority of schools that they supply do use non-branded sports kits, however he noted that "one school specialises in Football and do have a branded sports kit and this is a driver for encouraging young people to play sport". They support it from a cost point but can see the other perspective.

Northern Ireland Youth Assembly

•NI Youth Assembly welcome making the current guidance statutory," As with everything, there are examples of good practice and of bad practice. The purpose of the statutory guidance is that it will ensure that there is blanket good practice." •Agree with the principles that uniforms should be affordable, comfortable and sustainable and that policy should be published publicly, reviewed regularly (every 3 yrs) and developed in partnership with children, parents and carers.

•NI Youth Assembly state "school uniforms should respect all genders, beliefs, abilities and identities, with no cost difference between boys' and girls' items. Uniform policy should prioritise affordability, comfort, safety and flexibility.." •They support the introduction of compulsory uniform banks.

•They oppose strict appearance rules and punitive measures. Youth Assembly Members state that the Bill should also focus on appearance (Hairstyle/Make-up/Hair Colour) as these are usually included in school uniform rules - needs to allow for some self-expression. •Ensuring Equality is Key to the Bill. •Youth Assembly members support it being mandated in the Bill that no branded items should be required for participation in PE

NI Youth Assembly support a limit in branded items but feel guidelines are not clear.

NICCY Youth Forum

•NICCY Support the Guidance and agree that uniforms should be affordable. Comfortable; flexible and align with the UN Convention on the Rights of a child. •Policies should be developed with "the best of interests of the child " principle in mind (Article 3) - Needs to be consultation with children and parents

•NICCY Youth Member stated that many young people face sensory difficulties whether with fabrics, materials or uniforms and there must be provision in the Bill to allow students with disabilities and those with short-term conditions to have

flexibility over their school uniform (Article 23 of the UNCRC) • Safety & privacy are a requirement of uniform policy with regard to neurodivergent children, women and girls - pupils should have choice and Equality of wearing skirts or trousers. "Having to wear skirts means that we cannot participate in activities in the same

way as boys. We are less able to move freely for drama, dancing and sport.". • The Youth Panel believe that young people should feel safe and comfortable in their school uniforms regardless of their gender identity or religious or cultural background. • Functionality of school uniforms was a key area raised by all of Youth Panel Members and should be highlighted within the Bill (i.e. Wool blazers not functional in wet weather)

NICCY YOUTH say there is a need for PE Kits but they do not necessarily have to be branded or it should not be compulsory to buy branded items. They should be comfortable.

NICCY

•Children's Commissioner points out that several UNCRC articles are relevant to the Bill in relation to key children's rights, (93,5,12,16,23,28,29 & 31). •They support consultation but in particular schools must ensure that the views of the pupils and their parents and carers are heard, and show flexibility and pragmatism in application of the policies. They feel this needs to be referenced in this clause.as a "MUST" .

•Children's commissioner encourages the Committee to include an additional provision in clause 2 to make it explicit that schools must consider functionality (in terms of comfort) when issuing a school uniform policy. •Policies should be flexible. •NICCY say Inclusivity & Equality need to be sort out in the Bill •They say the Bill also needs to reflect the needs of those with SEND issues, learning. disabilities and sensory •NICCY say the Bill needs to more prescriptive in terms of the above issues as guidelines are not always adhered to.

NICCY raised concern regarding Clause 3 & 4 being subject to commencement orders and if these provisions of limited branded items, cost cap etc do not commence at same time as rest of Bill then they do not see point of guidelines as purpose is Affordability

Diverse Youth NI

Diverse Youth fully support the School Uniforms (Guidelines and Allowances) Bill. "It is not about abolishing uniforms; it is about fairness, affordability and accessibility. It is about ensuring that the school offers affordable options and allows parents to purchase unbranded items without the fear of

their children being penalised." Diverse Youth support/ensourage schools actively seek input from families.

Diverse Youth explained that uniform swaps/clothing banks are essential for low-income families but there can be a stigma attached of wearing second-hand clothing. Diverse Youth student stated that "a school-run clothing bank that is stocked with gently used blazers, jumpers and PE kits would immediately reduce the financial burden. It would also foster a culture of reuse that benefits low-income families and those

who are environmentally conscious." Diverse Youth witness raised issue of increased financial burden when cannot re-use/pass down uniform items as these differ depending on gender. e.g Son and daughter at same school but cannot pass down blazer as differs for boys and girls

They support non-branded items for PE wear - the witness explained how she did not do sport because of the cost of the PE kit. Diverse Youth State Bill needs to ensure reasonable adjustments for religious/ cultural dress, gender, race, and disability,. They support need for comfort, inclusivity and equality in uniform policy.

Diverse Youth welcome there being a limit on branded items or not having branded items at all. They state uniform should be affordable for all.

CMA

The CMA strongly support the overall objective of bringing down the cost of uniforms through statutory guidance that deals with affordability.

CMA support the provisions in clause 3 that enable the guidance to cap the number of branded items that are in a uniform a and state that it aligns with the approach being taken in

England through the Children's Wellbeing and Schools Bill. CMA advised that when they engaged with the DE on the consultation, they suggested that the provision to limit specific items could sit alongside or be included instead of cost caps, "because it goes to the root cause of uniform costs being high, which is the branded items. "

They are broadly supportive of measures to cap the overall number of branded items that schools apply

in their uniform policy.

Parenting

Focus

Parenting Focus welcomes the requirement for the Department to issue statutory guidance. They welcome the focus on consultation but this needs to be Meaningful. They would like to see some areas strengthened in the bill i.e Review of policy defined as every 3 yrs; Schools being made to follow the guidance and not just 'give regard to'.

Parenting Focus note that Affordability is the biggest concern however uniform policies also need to consider children's rights, comfort, gender identity, religious/cultural issues. disability and inclusion. "Uniform should never create a barrier to participation or be a source of distress, yet, too often, rigid and outdated policies do just that." Parenting Focus see the need for a clear and standardised definition of what constitutes a school uniform to be included in the statutory guidance (i.e. does it cover coats, appearance, hair etc) Parenting Focus reported that there needs to be conisderation in the bill re: flexibility on fabric and fit for disabled children and those with medical conditions and/or sensory needs. Uniform policies should be age-appropriate . They support uniform banks but did note from parents that there is still a negative stigma attached to these. Parenting Focus would encourage" a relationship between the community and schools, including parental participation in schools. When there is an inclusive school culture, parents are much more likely to do that. "

Parenting Focus support a limit on the number of branded or bespoke items and said this was the preferred option that came out of their focus groups with parents. They state that standard items available from a variety of retailers should be the default. Parenting Focus suggest capping the number of items at three, in line with the proposed Westminster policy, and say parents are keen on that. They say that this is likely to have a positive impact on PE as reducing that to three would have a dramatic impact on the cost for families.

Menstruation Matters

Menstruation Matters welcomes statutory guidance on school uniforms but state there needs to be reference to menstruation and choice in the uniform policy. They support consulting with students on this matter to ensure appropriate CHOICE.

Menstruation Matters advised that from their focus groups a big issue with school uniforms for girls is discomfort & lack of choice. Reasons cited by girls were that tight waistbands on skirts often exacerbate cramps & they fear leakage during their periods and the associated shame when wearing skirts and this is impacting on attendance. 98% of students surveyed agreed that an option to wear trousers should be available to all students. They state that the focus for young people is Comfort, Choice & Affordability. 98% of our supporters believe that all schools should have a period-aware and periodconsiderate uniform policy. They recommend that all school uniform policies explicitly consider the menstrual health and dignity of students. " Menstruation Matters urges the Committee to have reference to 'period awareness' within this clause so that it can be enforced.

Menstruation Matters again advocates for choice in comfortable clothing during menstruation i.e. trousers for girls. They state trousers do not need to be branded, "if you have your crest on your jumper and blazer. , that would be a great way to bring down the cost."

Women's Regional Consortium

WRC welcome the bill to address the issue of expensive school uniforms. They say although guidelines exist, it is clear that certain schools do not pay enough regard to them. They support consultation with parents and pupils on affordability, "it is really important to have that level of engagement with parents and pupils, because it gives a real understanding of the communities to which the schools belong and the situations in which many families find themselves.

WRC want to see uniforms that give Comfort, Flexibility and accommodate all the activities and needs of children including those with disabilities. The policies should also include a mandatory requirement for gender-neutral options

WRC agree that reducing the number of branded items would considerably reduce the cost. They cited a Save the Children in which there was strong support for making as much of the school uniform as generic as possible to provide parents with a choice and the ability to buy cheaper items. "If there must be branding, it should be kept to an absolute minimum. Where branding exists, a sewn-on badge would be helpful"

Clause 4

Clause 5

Clause 6

DE

DE have concerns about explicitly stating a price cap or limit on branded items in the Bill. Need to have an agile process in place to see how works practically and if in guidelines could be easily amended.

DE explained Clause 5 allows for the guidelines to differentiate between primary schools, post-primary schools and school stages. They stated it gave flexibility in guidelines if there was differentiation required for uniform requirements where Key Stage 3 being different from those for Key Stage 4 or sixth form.

DE explained Clause 6, importantly, places a duty on schools to adhere to the guidelines. The manager of a school must adhere to them when devising, reviewing, implementing or enforcing the uniform policy. The same applies to any member of staff involved.

National Association Of Head Teachers

Agree with making it affordable - No specific reference to cap or limit of branded items. "School Leaders often come together to ensure that we implement the affordable, inclusive and flexible uniform policy....."What schools can, and do, do is simplify uniform design, reduce branding and ensure a wide choice of purchasing options."

Guidance should apply to all schools

Support for engagement with school pupils when uniform policy being devised and reviewed. Issues with Compliance and enforcement as "creates further burden on schools with already overextended and under-resourced workforce." "Formalising it into law risks creating a disproportionate compliance burden on school leaders and governors without clear evidence that the current approach is failing. Introducing legal obligations to demonstrate, publish and review uniform policy at regular intervals risks adding yet another layer of bureaucracy to school leadership for a workforce that is already overextended and under-resourced."

NICICTU

Agree that there must be a standardised cost for uniforms across schools to ensure that the uniform does not present a barrier to education for any child. A cost-cap should be considered in consultation with children, young people, parents and carers. Financial or in-kind incentives from school uniform suppliers should be banned.

Should cover all school age children including pre-school/nursery

The requirement for schools to justify and publish the cost of their uniform should encourage fair pricing and will ensure schools are committed to the principle of affordability.

Northern Ireland Human Rights Commission

NIHRC welcome the fact that the aim of the Bill is to tackle affordability. Again in their response to the Department's consultation they highlighted areas where 'schools and Departments could track the disproportionate impact that certain children or families can experience on the basis of school uniform

policies.' They provided the example of asylum-seeking children and their families, where the child may be required to move schools. They stated that "The school uniform grant is provided once, but the family might be required to pay for two different uniforms in the same year." In relation to whether a cost-cap prescribed in the primary legislation NIHRC stated that "The cap is a very difficult one. It is beyond our scope to talk about the level of the cap, but it should be a consideration." They state that the legislation should not be so "overly prescriptive as to remove all sense from its application.....but, if you take into account what everyone says, each school is able to then make an informed decision about its uniform policy. As long as it meets certain minimum standards, which should be set and prescribed by the legislation, you will get proper balance."

No Comments on this clause

NIHRC stated that "if we could simply rely on boards of governors in schools to comply with equality legislation and human rights law in every single case, there would not be a need for any regulation of schools. Unfortunately, there are minimum standards that are not always being met." They advised there needs to be a "framework and a system in place to make sure that those standards will be met."

Retail NI

Retail NI see the main area of concern for cost to parents is the sportswear side of school wear. Dealing with that first would bring about the most effective change. "The cost of school uniforms has not necessarily spiralled. School uniforms have not changed: what has changed is the introduction of compulsory branded sports kits." They state these are "provided exclusively by sports companies that have negotiated a monopoly on the supply of those items. That has raised the price of uniforms as a whole and ruined the reputation of and negatively impacted on the small family businesses before you, which have been providing uniforms successfully for generations." They say that their parents have options when it comes to where they want to shop and how much they want to pay for the standard school uniform, as well as options on the quality and price, but this is not the case across all the uniforms, including the PE kit. A cost-cap raises practical concerns for Retailers re: fluctuation in costs such as when the national minimum wage increases ;shipping costs rise, materials fluctuate; and VAT would also have to be accounted for. They state that if "someone in first year is wearing a size 38, he will need a different price cap from a person who is wearing a smaller size, and the price varies greatly." Retail NI referred to the fact that the Uniform Grant has not changed in years despite the cost of living increasing, "If you do the same with the price cap as you have done with the uniform grant, it will not move, so it is not really going to work". On the point of Limiting the number of school branded items Retail NI suggest that there is an option of compulsory and non-compulsory items e.g Girls like the school scarf for Winter time but this would not need to be a compulsory item.

No Comments on this clause

No Comments on this clause

Northern Ireland Youth Assembly

Youth Assembly Members feel that appropriate price caps for each stage of school life should be part of the legislation.

Youth Assembly Members are of the view that all children, including those in preschool settings where a uniform is required, should be included in the Bill.

Youth Assembly Members welcome this clause that schools will publish their policies and that it should include children/young people version

NICCY Youth Forum

No Comments on this clause

No Comments on this clause

No Comments on this clause

NICCY

•Children's Commissioner recommends that a cap on

costs be introduced, as that is required to make the legislation meaningful. •NICCY further emphasise the importance of the need for the uniform grant to be raised to reflect the actual cost of uniforms, and not to be restricted to once per year. They state there is a need to recognise the cost in the context of the draft anti-poverty strategy. • NICCY informed the Committee of an Ulster University published report called, 'Sport is NOT a luxury' whereby one of the statistics is that 37% of parents and guardians said that their children had missed out on sport or physical activity because of the cost. " Children and parents are saying that the cost of school uniforms, branded PE kits and all the equipment is too high. The cost of education, which is supposed to be free, is a barrier to children attending school or taking part in sports and physical activity."

•NICCY cited that children who attend nursery school are eligible to apply for free school meals, but they cannot apply for a uniform grant. The Bill should seek to include nursery or preschools.

NICCY state need consultation with parents and carers when devising or changing uniform policy

Diverse Youth NI

Diverse Youth welcome cost caps and value for money . Witness highlighted there is a big difference in cost between Grammar School uniform and High school uniform (personal experience)

Diverse Youth feel the guidelines need to include pre-school/ early years

Diverse Youth welcome consultation with families when school uniform policies are being revised and that there is adequate communication of these new policies.

CMA

CMA advised the committee that a price cap on uniforms could potentially raise concern for retailers particularly if you are doing an item-by-item cap " because then you are really in the territory of potentially having to monitor and adjust input costs. A price cap on the uniform as a whole may also create potential compliance burdens for schools and the Department of Education in assessing whether schools are complying. This is because, for the generic items that form part of that overall cap, the price varies a lot. CMA state if there is a price cap, suppliers may try to recoup the costs through other add on fees, if they are having to sell at a lower price.

No Comments on this clause

No Comments on this clause

Parenting Focus

Parenting Focus state the Bill must mandate a clear cap or maximum threshold on the total cost of a uniform. ( 97% of those surveyed supporting the introduction of a cap)."Without a cap, there is no real safeguard against escalating costs or inequity between schools." Parenting Focus did however state that there was ambiguity among parents what this cap would look like so Further consultation is necessary to explore the options .

No Comments on this clause

Parenting Focus support the requirement in the bill for schools to publish their uniform policies and report their costs,(this should include feedback on the consultation ;demonstrate how a school is implementing the guidance, detail what costs were incurred by families and reveal whether adjustments were made as a result of the consultation or complaints. )

Menstruation Matters

No Comments on this clause

No Comments on this clause

Menstruation Matters advocates for choice in comfortable clothing during menstruation i.e. trousers for girls. They state trousers do not need to be branded, "if you have your crest on your jumper and blazer. , that would be a great way to bring down cost. ".

Women's Regional Consortium

WRC would like to see an embedded price cap to ensure that costs are kept to a minimum. They referred to polling by Save the Children Northern Ireland shows that six in 10 parents find the cost of school uniforms and PE kit financially challenging.

No Comments on this clause

WRC support the view that schools should be open and transparent about school uniform costs and these should be published.

Department of Education

DE advised Clause 7 provides the power for the Department to: "give directions to a manager of a school" if it is satisfied that the school has materially not adhered to the guidelines or that pupils are subjected to disciplinary action or participatory disadvantage for breaching the policy. It sets out the means by which the Department becomes satisfied, such as assessment of the published policy information, a complaint or through an Education and Training Inspectorate (ETI) report. The Department also has to consult the school before issuing the guidelines, for reasons of balance.. Directions must therefore be followed in the same way in which article 101 of the 1986 Order must be, and they are enforceable by court proceedings if a school does not do so.

DE referred to this clause as defines "unfair costs aspects", and means:

"any aspects of school uniform policies which, in the Department's view, could ... raise questions"

about excessive costs of individual or all uniform items or sets of clothing or, again, the limited choice of suppliers. They state the language has been carefully worked through to cover all those areas. They state that Terms such

as:

"The Department is ... to have special regard to",

"higher costs of ... specific styles", and "non-affordability ... to lower income households" mean that those are some of the first things that the Department has to bear in mind when considering "unfair costs aspects", which clause 2 requires to be addressed in the guidelines.

DE advised Clause 9 defines the full range of branded items, covering any unusual colours or fabrics. The Bill's references to "specific styles" provides the power to address issues of accessibility, equality and other matters that are particularly relevant for pupils with SEN or sensory issues.

National Association Of Head Teachers

Compliance and enforcement creates further burden on schools with already overextended and under-resourced workforce. "A statutory requirement brings with it potential legal consequences for non-compliance that could create tensions between schools and families, and between schools and the Department, at a time when we should be fostering trust and collaboration." They state that School leaders need clarity but also need to be able to have autonomy and flexibility. They are of the opinion that robust enforcement mechanisms will only complicate relationships with pupils and parents and the department.

Support principle of affordability and limited branded items but not statutory guidance. Existing guidelines should be strengthened.,.. caution against the notion that schools should be responsible for stimulating a competitive uniform market. Schools are not businesses. Their role is to support learning and well-being, not to serve as an intermediary in the retail economy."

Support principle of affordability and limited branded items but not statutory guidance. Existing guidelines should be strengthened.

NICICTU

Bill should include measures to ensure no school can exclude pupils where cost of school uniform has prohibited a pupil from following guidelines.

Agree should be requirement for schools to justify and publish the cost of their uniform to encourage fair pricing and will ensure schools are committed to the principle of affordability. Schools need to demonstrate how they have taken the costs into account when designing their uniforms and should aim to make access to education as accessible as possible. Should have to justify the need for minor changes to uniforms to reflect success or achievement (e.g. a different blazer for being on a sports team) •Branded PE uniforms are too costly and prohibitive. PE kits should be entirely non-branded

Schools need to demonstrate how they have taken the costs into account when designing their uniforms and should aim to make access to education as accessible as possible. Should have to justify the need for minor changes to uniforms to reflect success or achievement (e.g. a different blazer for being on a sports team) Where a crest is necessary, they should be purchased alone rather than embroidered or printed onto the uniform

Northern Ireland Human Rights Commission

NIHRC state there needs to be a statutory obligation to comply with the guidelines, or it has to be specifically stated in statute so that everybody knows exactly what is being asked of them. They advised there needs to be a "framework and a system in place to make sure that those standards will be met."

NIHRC stated that the overwhelming evidence is that school uniforms are creating a financial burden. In their departmental consultation response, they identified areas where further measures could be taken "to ensure that uniform costs were as low as possible and whether policy could stipulate basic items and colours and state that high-cost items or items with unnecessary variations, such as school colours or variations for different year groups, could be avoided. The requirement for branded PE kit at any point of a child's involvement in extracurricular activities can have a prohibitive effect on their ability to fully participate."

relation to unfair costs

Retail NI

No Comments on this clause

Retail NI state that it is the PE Kit that is making school uniforms unaffordable. TRULY FARE(SUPPLIER) supply around 18 secondary schools, but only one PE uniform, because they cannot access the suppliers as the big brands have taken this over. The retailers part of the consortium so not think that it would be fair to ban branded sportswear completely but that there should be more options available for the sports. they stated that "lots of schools have several suppliers of everyday uniform items, yet most of the schools have one branded supplier for PE kit, and that is it. There is no option for us or anybody else to compete in that market. It is about allowing more competition in that market and more than one supplier and giving the parents greater options."

Retail NI do not consider it fair to do away with branded items rather to ensure better market competition for sportswear. They state that currently all their school uniform retailers stock different styles, quality and prices of the standard uniform items to give parents/guardians the choice. This could also be the case for PE Uniform.

Northern Ireland Youth Assembly

Youth Assembly Members feel that the Bill should: •require schools to make all pupils and parents aware of school and DE complaints procedures.

Make information available on the school's website. keep records of complaints. •have proportionate disciplinary responses and must never be used to isolate, suspend or exclude any children because of not wearing the exact uniform. Youth Assembly Members provided the following examples: "I have heard of people coming into other schools wearing something that resembles the uniform but with one thing wrong with it - something to do with their hair, for example. They have been turned around at the gate and made to go home or have been given a detention. That is a bit extreme. You are putting them at a disadvantage for something that, in the view of most Members of the Youth Assembly, is quite a small thing. We do not think that it calls for exclusion"

Research shows that there are higher school uniform costs for female pupils than for male pupils, and we are curious to know how that will be addressed. Youth Assembly Members support the uniform policy being part of the overall whole-school inspection. They think the ETI should "should ask pupils about uniforms and consider how the school arrived at its decision and whom it consulted and should ensure that schools have robust consultation and complaints mechanisms."

Youth Assembly Members believe there should be proportionate disciplinary responses in relation to non-adherence to the uniform policy bit tha this must never be used to isolate, suspend or exclude any children because of not wearing the exact uniform.

NICCY Youth Forum

there needs to be flexibility built into uniform policy and consideration given as to why there is infraction from the policy. The sanction for small infringements of the policy ( tie too short, shirt not tucked in. hoop earring instead of studs etc.) should not result in exclusion from education. Need to be proportionate.

No Comments on this clause

No Comments on this clause

NICCY

Children's Commissioner says Pupils should not face significant sanctions, such as being sent home or isolated, for breaking school uniform rules. "A breach of uniform policy should not meet with discipline that could breach a child's fundamental right to education." •The Children's Commissioner recommends the committee consider the inclusion of additional enforceable guidance in this area to ensure that that does not happen.

Children's Commissioner says Pupils should not face significant sanctions, such as being sent home or isolated, for breaking school uniform rules. "A breach of uniform policy should not meet with discipline that could breach a child's fundamental right to education." •The Children's Commissioner recommends the committee consider the inclusion of additional enforceable guidance in this area to ensure that that does not happen.

No Comments on this clause

Diverse Youth NI

Diverse Youth do not agree that pupils should be penalised for not having the correct school attire.

Diverse Youth see the financial burden on families in respect of purchasing school uniforms and support that the bill ensures that all schools make uniforms affordable and accessible.

Diverse Youth support the removal of branded items and state that "if basic items, such as a plain shirt or jumper, are reasonably priced, families will not have to choose between buying food or uniforms".

CMA

No Comments on this clause

CMA stated that although" the market for generic school uniform items is pretty competitive ,where schools mandate a particular design or brand, that will

mechanically limit competition and choice for parents, because they cannot get those items from supermarkets or other retailers. Therefore, there is a less competitive market. " CMA acknowledged that it might not be practicable to have multiple suppliers of particular uniforms for small schools in rural areas. They stated that " a timelimited exclusive supplier arrangement is the best way for those schools to get the best deal." CMA stated they would expect that arrangement to be looked at and reviewed regularly and, where possible, potentially put out to competitive tender to ensure that schools and parents get the best value for those branded items.

CMA refer to "branded items" as anything that bears the school logo or colours as opposed to sports brands and state that the term branded needs to be clearly defined in the Bill

Parenting Focus

Parenting Focus have concerns that the current language, in the bill which requires schools to "have regard to" the guidance, is too weak. "It creates a duty to consider but not a duty to follow." They are of the view that affordability, flexibility and inclusivity will remain optional for some schools.

Parenting Focus welcome the inclusion of guidance on unfair costs and the requirement for reporting but this should be timebound (gave suggestion of every 3 yrs) and be conducted in all schools.

No Comments on this clause

Menstruation Matters

No Comments on this clause

No Comments on this clause

Menstruation Matters advocates for trousers for girls which do not need to be branded. The Blazer and school jumper could have the crest which would reduce cost.

Women's Regional Consortium

No Comments on this clause

No Comments on this clause

No Comments on this clause

Clause 10

Clause 11

Clause 12

Department of Education

DE explained in clause 10 "schools" referred to grant-aided and independent primary schools and post-primary schools. It also refers to the definitions of "pupil" and "manager", and it cross-references those with the 1986 Order.

DE state Clause 11 simply clarifies that references to "the Department" in the chapter mean the Department of Education.

DE state Clause 12 clarifies that the guidelines will not apply to the providers of education to children under compulsory school age, meaning preschool providers. Compulsory school age is already defined in the 1986 Order.

National Association Of Head Teachers

No Comments on this clause

No Comments on this clause

No Comments on this clause

NICICTU

No Comments on this clause

No Comments on this clause

Play based learning should be considered in developing the policy and encouraging schools to provide the appropriate coveralls and other things that are needed. "Early years work is akin to PE in that it requires specialist equipment, so provision for that should probably be included."

Northern Ireland Human Rights Commission

No Comments on this clause

No Comments on this clause

No Comments on this clause

Retail NI

No Comments on this clause

No Comments on this clause

No Comments on this clause

Northern Ireland Youth Assembly

Youth Assembly Members state the Bill should apply to all schools and all children.

No Comments on this clause

Youth Assembly Members want the Bill to apply to all children regardless of age or stage of school. They state that Uniform grants should also apply to pre-school children.

NICCY Youth Forum

No Comments on this clause

No Comments on this clause

Apply to all children in all schools

NICCY

No Comments on this clause

No Comments on this clause

NICCY cited that children who attend nursery school are eligible to apply for free school meals, but they cannot apply for a uniform grant. The Bill should seek to include nursery or preschools.

Diverse Youth NI

No Comments on this clause

No Comments on this clause

Diverse Youth think guidelines should be extended to early years/pre-school setting to further help support families.

CMA

No Comments on this clause

No Comments on this clause

No Comments on this clause

Parenting Focus

No Comments on this clause

No Comments on this clause

No Comments on this clause

Menstruation Matters

No Comments on this clause

No Comments on this clause

No Comments on this clause

Women's Regional Consortium

No Comments on this clause

No Comments on this clause

No Comments on this clause

Department of Education

Clause 13 contains the power for the

Department to make regulations to allow school uniform guidelines to apply to preschool education.

No Comments on this clause

No Comments on this clause

No Comments on this clause

National Association Of Head Teachers

Should be guidance and not regulation

Guidance should apply to all schools

No Comments on this clause

No Comments on this clause

NICICTU

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Northern Ireland Human Rights Commission

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Retail NI

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Northern Ireland Youth Assembly

Youth Assembly Members want the Bill to apply to all children regardless of age or stage of school. They state that Uniform grants should also apply to pre-school children.

Youth Assembly Members want the Bill to apply to all children regardless of age or stage of school. They state that Uniform grants should also apply to pre-school children.

No Comments on this clause

No Comments on this clause

NICCY Youth Forum

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

NICCY

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Diverse Youth NI

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

CMA

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Parenting Focus

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Menstruation Matters

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause

Women's Regional Consortium

No Comments on this clause

No Comments on this clause

No Comments on this clause

No Comments on this clause