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National Assembly for Wales (Transfer of Functions) Order 2006

My Lords, we are grateful to the Minister for presenting this order and explaining its purposes with such care. We are familiar with transfer of function orders in this House and this one appears to be as uncontroversial as the Minister claims. However, there are one or two questions that arise. The transfer of functions under Section 1 of the Education (Fees and Awards) Act 1983 is sensible, since policy responsibility for student support has, as the Minister said, been transferred to the National Assembly, along with the other functions available under the 1983 Act. It is, therefore, no longer appropriate for the Secretary of State for Education and Skills to retain the power under Section 1 to make regulations regarding the charging of higher fees to students in higher and further education who do not have the requisite connections with the United Kingdom. I assume that we are talking here about foreign students only, coming here from overseas for their final years of education, but I require an assurance that this is the case. There has been talk in Wales of charging different fees to students whose homes are in Wales and students from outside Wales, including England and Scotland. Could Section 1 be used to impose such differential rates either on its own or in tandem with Section 2 of the 1983 Act? As I understand it, top-up fees are to be introduced at Welsh institutions as from 2007–08. Students normally resident in Wales will get an Assembly grant of £1,800 annually towards their increased fees. English and Scottish students in Wales will not have such grants, nor will Welsh students attending English or Scottish universities. Is it the intention of the Assembly Government "““to make regulations authorising or requiring certain institutions””—" in the words of the Explanatory Notes—to charge fees on this basis? Perhaps the Minister would clarify the position once and for all. He made certain things clear in his opening statement, but further clarification would be helpful. As to the Regulatory Reform (Fire Safety) Order and the transfer of all functions under that very substantial order to the National Assembly, this is clearly a necessary consequence of the devolution of responsibility for the fire and rescue services that took place in November 2004. Where does that responsibility now lie in the Assembly and the Assembly Government? What is the title of the department? I ask because fire safety is very important and a number of significant powers will be transferred—for example, the power to make regulations about fire precautions, the power to authorise persons as the enforcing authority for certain non-domestic premises, the power to issue guidance to enforcing authorities, and the power to determine disputes. As the Minister said, fire safety law has been updated and reformed in recent years. The fire safety order is a part of that reform and it is important that it is properly implemented. The emphasis, as I understand it, is on fire prevention in the workplace and, under the order, the responsible person for each premise will be required to carry out an assessment of the risk of fire and take steps to reduce or remove the risk. All this spells careful control and supervision, especially in the early stages. What provision has been made at the Assembly or within the Assembly Government to carry out these functions adequately? I know that the National Assembly has been consulted on the order and has agreed to a modification of function—we are told this on page 5 of the 118-page document—and it would be good to know that preparations for receipt of these functions and their implementation are well in hand. I understand that the Assembly is currently considering a fire and rescue services charging order to enable the authorities to charge for the services they provide. These may include the removal of floodwater, rescuing people from lift cabins and giving advice on safety in premises where a trade, business or other undertaking is carried on. I shall say no more on that issue because I believe the order is still subject to discussion and not yet finalised. If the Minister could tell us the latest state of play in the Assembly Government in regard to this transfer of function, we would be very grateful.