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Further Education and Training Bill [HL]

I have given notice of my intention to oppose Clause 18. The Assembly for Wales has existing direction-making powers for use in relation to education and training to ensure high quality. Yet Clause 18 specifies certain powers and procedures which the Assembly must take to itself if a college is performing "““significantly less well that it might in all the circumstances reasonably be expected to perform””." Putting aside our objection, which I have just expressed, to this loose and undefined phrase, the basis of our objection to this clause is that it should be part of the devolutionary process to leave it to the Welsh Ministers to decide what powers they wish to have in these circumstances. If we remove Clause 18, we accept that the Welsh Ministers would then have to seek to amend these powers in accordance with the needs of Wales. I think that we should leave it to them to do that, and I am sure that they will do it swiftly. To enable them to do that we have tabled Amendment No. 56 to Clause 26, which would add a provision for intervention to the list of matters over which the Assembly may make measures. Clause 18 throws up issues about accountability in Wales too, specifically, a lack of an independent appeal process. In England, in the end, a principal could appeal to the Minister. The same thing is not available in Wales. So we believe that these matters are best left to detailed scrutiny within the Assembly by Assembly Members who know and work with the education system, as set up in Wales.