The proposed Legislative Competence Order relating to School Governance,[1] is the fourteenth Legislative Competence Order on which we have reported.

The proposed Order would confer further powers on the National Assembly of Wales to legislate in the field of education by extending devolved competence into the areas of maintained school governance, legislation to encourage collaboration in the maintained school sector and setting up bodies to support training. A particular policy aim driving the proposal is enhanced provision of training for school governors—a need identified in the 2009 report of the Assembly's Enterprise and Learning Committee, The Role of School Governors. The report considered the link between school performance and the effectiveness of a school's governing body. The LCO would allow the Assembly to legislate for action in that area.

The proposed Order has received support from most sectors. Some concerns were expressed that federated governing bodies might risk becoming distant from those they serve, that compulsory training might be unappealing to governors whose time is given on a voluntary basis, that local authorities might be excluded from influencing governance, and that the private sector might play too large a part in service provision. These are all matters that the Assembly Government should consider and consult upon fully when Measures are introduced. The evidence we received shows that functions will need to be clearly defined and that changes will need to be explained very carefully if new arrangements are introduced.

Our Report draws attention to some specific issues for review and consideration. In particular, the desire for consistency with the drafting of existing legislative provisions has caused some confusion about the extent to which a natural understanding of "governance" includes matters of staffing and pay. We urge the Assembly Government to reconsider its approach to the relevant language.

More broadly, given the extent of devolution that has already occurred in education, we ask whether it would be best to transfer all remaining legislative powers in the area, with clear exceptions in areas such as teaching pay and conditions, and we invite the Assembly Government to consider that view. We strongly oppose any fragmentation of the arrangements in respect of pay and conditions.

Having made these points, we consider that the Assembly Government has made a convincing case that legislative competence in respect of school governance is important in improving education in Wales. We therefore recommend approval of the proposed Order.