3.  The proposed Order would confer further legislative competence on the National Assembly for Wales in the Field of education—Field 5 in Schedule 5 to the Government of Wales Act 2006—by adding three additional Matters to that Field. These matters are:

• conduct and governance of maintained schools;
• collaboration between bodies associated with maintained schools; and
• establishment of training bodies for the maintained school sector.

The exact language used in the draft Order is:

5.2A  Conduct and governance of schools maintained by local education authorities, including the allocation of functions, property, rights and liabilities relating to such schools.

5.2B  Securing collaboration between persons or bodies with functions relating to schools maintained by local education authorities.

5.2C  The following activities by persons or bodies with functions relating to schools maintained by local education authorities—

  (a)  establishment of bodies—

    (i)  to carry out activities relating to education and training, or

    (ii)  to exercise functions on behalf of local education authorities;

  (b)  involvement with bodies mentioned in paragraph (a).

Policy context of the Order

4.  The Explanatory Memorandum sets out the policy context for the Assembly Government's request for competence to legislate in additional areas with regard to education. It explains that as a way of raising standards of attainment in schools the Assembly Government has been piloting the Schools Effectiveness Framework, which is underpinned by five broad themes:

• systems thinking (meaningful engagement across the three levels of school, local authority and Welsh Assembly Government);
• bilingualism;
• high performance culture;
• equality; and
• supportiveness and interdependence (whereby schools and districts learn from each other).[2]

The first and last of those themes can be seen as requiring greater collaboration together with novel structural models (including governance models) within which to accomplish enhanced collaboration levels.

5.  The Explanatory Memorandum goes on to state that, "as it expands and develops, the framework will need to take increasing account of school governing bodies because governance provides the accountability mechanism within which schools operate, and the means by which outcomes are monitored and evaluated, resource allocation decided, and responsibility lies for taking action to improve outcomes."[3]

6.  We note that written and oral evidence to the Assembly Committee's inquiry—as well as from Undeb Cenedlaethol Athrawon Cymru (UCAC, the National Union of Teachers of Wales) to our own Committee—indicated broad supported for the proposals, although the NASUWT was opposed. There were concerns from others about lack of clarity which both our inquiry and the Assembly Committee's inquiry have considered and addressed. The National Association of Head Teachers Cymru cautioned the National Assembly against introducing legislation before full account has been taken of evolving practice, particularly in the area of collaboration. That is an entirely sensible view but, as the Association agreed, it is not of itself a reason for withholding devolution of competence.

7.  We consider that the purpose of the proposed Order is clear and that it arises from a developed policy agenda on the part of the Assembly Government.

Legislative context

8.  The statutory basis for school governance has existed in much the same form since the Locally Managed School Model was implemented in England and Wales by the Education Reform Act 1988. Under that model, maintained schools must each have a governing body to set the school's strategic direction and monitor and evaluate progress. The governing body receives an individual school budget and is responsible for allocating resources in a way that it deems fit to support the strategic direction and to discharge its functions effectively.[4] The law also requires local authorities, as they see fit, to provide free information and training for governors to enable them to discharge their functions.[5] However, there is no legislative compulsion to provide training.

9.  The proposed Order would permit the National Assembly for Wales to enact Measures requiring such training. It would also allow for changes to the governance model currently prescribed by the 1988 Act to take account of the aims of such policies as the School Effectiveness Framework. Furthermore, it would permit collaboration between a wider range of bodies as well as between schools, as is already permitted under the 1988 Act.

Grounds for transfer of further powers

10.  Devolution of education policy in Wales has a long history, and transfer of powers from the UK Government to the Welsh Assembly has provided new policy competence in a number of areas. Examples are the new curriculum for children in the early years and in the later years of primary schooling, the adoption of a reading scheme modelled on a successful Scandinavian approach, and efforts to promote greater pupil engagement. The Curriculum Cymreig, the introduction of the Welsh Baccalaureate, and a strong emphasis on teacher consultation are examples of achievements in a unique Welsh approach to education. Devolution has provided the means for Welsh education to advance a separate and distinct policy agenda and focus.

11.  It is clear to us that devolution has enabled Wales to create and develop its own educational policy agenda, and further devolution of education powers is in the spirit and scope of the devolution settlement.

Scope of the proposed Order in the context of other devolved education powers

12.  We have already noted the long-standing history of devolution of education matters to Wales, and Field 5—on Education and Training—is one of the most extensive Fields in the 2006 Act, covering some 18 Matters including the school curriculum, admission policies, attendance, inspection and, importantly, schools establishment and change of status.

13.  Only Fields 12 (Local Government) and 15 (Social Welfare) of the 2006 Act approach the same level of completeness as Field 5. Given that the Education Field is arguably already approaching a high level of transfer of legislative powers, we questioned whether the opportunity should have been taken to complete the transfer of legislative powers in education. The Parliamentary Under-Secretary observed that there remains a small but significant number of areas that are not yet devolved, including matters such as teachers' pay and conditions, regulation of teaching qualifications and student finance. He indicated that the Assembly Government prefers an incremental approach to the transfer of legislative powers in education, driven by policy requirements.[6] The Assembly Minister further clarified that although there might be advantages in a codification of education law in Wales, there are no current plans for consolidation.[7]

14.  In the case of this LCO, the Assembly is seeking a specific delegation of competence for a particular purpose. Ministers stated that their approach was to request a transfer of legislative powers in education as and when it is needed to implement a policy requirement.

3   Ibid. Back

4   The current law is mainly set out in Part III, Chapter 1 of the Education Act 2002 although there are also relevant provisions in the School Standards and Framework Act 1998 and the Education and Inspections Act 2006. The principal relevant regulations for Wales are the School Government (Terms of Reference) (Wales) Regulations 2000 . Back

5   Section 22 of the Education Act 2002 Back

6   Q 28 and see also Q 3 Back

7   Qq 3 and 4 Back