Jane Davidson, Minister for Education & Lifelong Learning
- Mr Presiding Officer, I wish to make a statement about the England and Wales Education Bill, currently before Parliament.
- Members may recall my earlier statement on 27 November, soon after the Education Bill was published following consultation on policy commitments and proposals made in the White Paper for England ‘Schools – Achieving Success’ and ‘The Learning Country’ for Wales.
- ‘The Learning Country’ was overwhelmingly well received. Our proposals attracted strong support from a wide range of interests throughout Wales. In turn, ‘The Learning Country’ agenda has had a huge impact on the provisions in the Education Bill as they affect Wales. Provisions which will enable us to take significant steps forward, at our own pace and in directions best suited to our different needs and circumstances, to realise our comprehensive education and training agenda for:
- improving early years provision and support for parents;
- better transition between primary and secondary schools;
- establishing an SEN Tribunal for Wales and providing
regional provision for children with more complex needs;
- enabling schools to operate more flexibly, innovatively and
responsively;
- strengthening partnerships arrangements between schools
and LEAs;
- completing the development of the national curriculum for
Wales;
- transforming provision for 14 to 19 year olds; and
- providing more support to practitioners through continuing
professional development.
- All this shows that devolution is working. Indeed, during the successful Second Reading of the Bill on 4 December, when there was no suggestion of any substantial disagreement with provisions proposed for Wales, the House displayed a ready understanding and recognition of the rationale and nature of the settlement, and the virtue of this Assembly’s capacity to shape and implement its own policy.
- The Education Bill has now moved on to its next stage and, as I speak, it is being scrutinised, clause by clause, in Standing Committee G of the House. The Committee has debated Part 1 (provision for new legal frameworks), Part 2 (financial assistance for education and childcare) and the provisions for the governance and financing of maintained schools. It is currently debating the provisions relating to admissions, exclusions and attendance (Clause 44 onwards). The Bill will be in Committee until 24 January and, subject to confirmation by the House authorities, is likely to reach the Lords by Easter.
- But members may find it helpful now, if I clarify several matters about the Bill which have been brought to my attention.
- I have been asked to confirm that the curriculum requirements for the key stages do not constrain the teaching of Welsh to Welsh-medium schools only. I am happy to confirm that that is not the case as clause 101 (curriculum requirements for the first, second and third key stages) and clause 102 (curriculum requirements for the fourth key stage) provide for the teaching of Welsh in every maintained school in Wales. I would also wish to allay concerns about the teaching of English at key stage 1 in Welsh medium schools. This is optional under the (National Curriculum) (Exceptions)(Wales) Regulations 1995. These Regulations will remain in force and I have no plans to change them.
- The Welsh Local Government Association has expressed concerns about powers for this Assembly in respect of budgets (clause 40); intervention as regards schools causing concern (clauses 51 to 56) and LEAs (clauses 57 to 61); and powers for schools’ governing bodies to form companies etc (clauses 10 and 11).
- The powers about budgets and intervention should not be viewed as diminishing, or a threat to, the functions of local authorities. They are fall -back measures of last resort. The terms on which they would be used would be settled not in London but here. That allows us to take our close partnership with local government into account every step of the way. Our commitment to local government’s role is clearly emphasised in the distinctive provisions being sought to strengthen partnership between schools and LEAs through partnership agreements and the establishment of local forums to consider funding issues.
- As regards powers for schools’ governing bodies to form companies etc this is not about changing the responsibilities of LEAs and governing bodies for the delivery of education provision – it is about giving new LEAs and schools scope to develop new ways of securing the services which they need to deliver education – for example legal, financial , technical or advisory services for which schools already have delegated funding. Clause 11 of the Bill limits the use of such powers so that they cannot be exercised by a governing body except with the consent of the relevant LEA. Furthermore, the Assembly will have regulatory powers to designate a LEA as supervising authority for any company. So the basic control framework will be applied on the basis of legislation devised here. Those regulations will be subject to very full and careful public consultation in advance. It will be for the Assembly to decide on when to commence the powers of governing bodies in the light of that consultation. Clause 12 contains a further power related to companies. The proposed power is for England only - to allow the Secretary of State to form or participate in companies for the purpose of delivering her education functions. We have said that we are content not to have such a power. The circumstances in which it is likely to be needed in England – to promote investment in voluntary aided schools – are unlikely to arise here. Existing mechanisms for delivery of the Assembly’s education functions, including those relating to voluntary aided schools, in partnership with local authorities and others will meet our needs for the foreseeable future.
- The Bill includes at clause 180 provision for regulations to be made for the Secretary of State to pay off, over time, the student loans of new teachers in shortage subjects (expected to be maths, English, languages - including Welsh - science and technology). While this is not a matter devolved to the Assembly it is very welcome since the scheme will provide an increased incentive to teachers of these subjects in Wales and in England to stay in the teaching profession in the early years of their career.
- So I can report very welcome and positive progress over translating our agenda for education and training into the Westminster legislative process. It is no small thing to have set a wholly new constitutional precedent in that context. A process with a bias towards uniformity in legislative provision as between England and Wales has been re-shaped to meet the variable geometry of devolution – to cater for different systems and policies. It is difficult to underestimate the importance of what is happening - and its promise. I shall certainly make a further statement on the results to Plenary in due course.
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