Policy context of the Order

1.  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. (Paragraph 7)

Grounds for transfer of further powers

2.  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. (Paragraph 11)

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

3.  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. (Paragraph 14)

Proposed Matter 5.2A: Governance and conduct

4.  Having considered the evidence, we are convinced that legislative Measures in the area of school governance will enable policy objectives to be pursued more effectively and robustly. We are satisfied that it is right to grant legislative powers in relation to school governance. We note the concerns of a number of parties that certain new governance models might diminish accountability and create distance between governing bodies and their parents and/or students. The National Assembly will need to design Measures in ways that avoid such pitfalls. (Paragraph 23)

5.  We recommend that Matter 5.2A be amended so that it is clear on its own terms as to the exclusion of teachers' pay and conditions and the inclusion of those staffing and funding matters that are a normal function of governors. An absence of language to cover appropriate "staffing" as well as school budgeting matters would leave the proposed Order defective. It would be a second-best solution for the Explanatory Memorandum to include the explanation given in the letter dated 25 November from Jane Hutt AM to the Chair of Assembly Legislation Committee No. 4. (Paragraph 30)

6.  We recommend that future drafting of Matters should be self-standing, and clear in its own terms as well as taking account of the constraints of terminology used elsewhere in the Field or in other legislation. (Paragraph 31)

School change of status

7.  Given that the Assembly already has powers over school establishment, change of status and closure we are satisfied that the proposed Order does not raise additional concerns in these areas. (Paragraph 35)

Proposed Matter 5.2 B: Collaboration

8.  In light of the policy intention of legislating to achieve greater collaboration than is occurring voluntarily, and to connect a wider set of bodies than merely schools, as currently permitted in legislation, we are satisfied that that there is justification for the broad scope of proposed Matter 5.2B. (Paragraph 44)

9.  We are satisfied that the Welsh Assembly Government has made a valid and strong case for having the power through legislation to require collaboration. We note that Ministers stressed a preference for voluntary arrangements and we endorse that approach. However, as Measures and regulations are proposed and taken forward, their direction, purpose and interrelation will need to be clearly explained to those who will be affected. The pace of change in this area could leave those involved in a position of uncertainty unless there is such a high degree of clarity. (Paragraph 49)

Proposed Matters 5.2A and 5.2C: Training and training bodies

10.  The Welsh Assembly Government has made a strong case for using legislation to improve the provision of training to governors. Given that the training processes inevitably make time demands on those being trained, any Measure that would make training compulsory will need to be sensitive to the voluntary nature of governorship. Ideally, enhanced training would be made sufficiently attractive that compulsion would not be an issue. This will be a matter for the Assembly to consider. (Paragraph 54)

11.  There is evidence in favour of enhancing support for those engaged in education through creating bodies to provide services to them. We consider that the Assembly Government has made a valid and strong case for the transfer of legislative powers in this area, although we note the need for Ministers to address the concerns of a number of parties to be assured that such bodies do not result in additional bureaucracy. We note the assurance given by Ministers that any implementing Measures will be subjected to impact assessment to examine potential costs and we underline the view previously expressed by this Committee that such assessments need to be robust and of high and challenging quality in order to establish a sound reputation for "Welsh legislation". (Paragraph 59)

12.  We note that proposed Matter 5.2C sub-paragraph (i) is not restricted to education and training in maintained schools. We are content that this will permit provision of services to other institutions provided this is made clear and explicit in the Explanatory Memorandum and in any final Order. (Paragraph 61)

13.  We urge the Assembly Government to review the scope of Matter 5.2C in relation to non-education and non-training functions by considering whether other functions might unintentionally fall within it and whether additional limiting words should be added. (Paragraph 63)

14.  We recommend that the Assembly Government reconsider the language used in 5.2C(b) to ensure that it does not unintentionally cover activities outside the intended scope of the Matter. (Paragraph 65)

Conclusion

15.  We agree that the National Assembly for Wales should have the ability to legislate in relation to school governance, collaboration between education bodies, and the facilitation of training. Evidence to the Assembly Legislation Committee No. 4 and to ourselves indicated a clear majority in favour of devolution in this area provided that due consultation occurs with respect to implementing Measures. The use of the Legislative Competence Order procedure is appropriate and acceptable in this instance. (Paragraph 66)

16.  We recommend that the Welsh Assembly Government take into account our comments and the observations of Assembly Legislation Committee No. 4 when finalising the Order and the accompanying Explanatory Memorandum, and in relation to the drafting of future proposed Orders. (Paragraph 67)