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Further Education and Training Bill [Lords]

Yes, in most cases, that would be the answer. I suspect that the Minister will tell us that, ultimately, he needs some power in order to put into effect the results of any such investigation. I would hope that the matter would be dealt with in that way. It is wrong to assume that every principal in the country is excellent—occasionally there will be difficulties. I also welcome the Bill’s attention to the skills in our country. Anyone who looks at the Republic of Ireland, for example, will see that that Celtic tiger, as it is known, has quite rightly become one of the most prosperous—if not the most prosperous—member of the European Union because of the attention paid to further education there. My main concern is about clause 25 of the Bill, which devolves to the National Assembly for Wales legislative powers relating to further education. Let me say straight away that I entirely agree with what the clause does. I am concerned, however, about the way in which we deal with the pre-legislative scrutiny of Bills and orders that give the National Assembly for Wales new legislative powers. Jane Davidson is the Minister for Lifelong Learning in Wales, and on 1 February this year, she made a speech in Cardiff welcoming the Bill. I repeat, therefore, that I have no problem with the principle of devolving the powers to the National Assembly. However, in the debate on Second Reading and other debates on this issue in the other place, my noble Friend Lord Ted Rowlands made reference to the fact that this is not quite what was expected when the Government of Wales Bill was debated in this place. As a former Secretary of State for Wales, I took some time to speak in the debates on that legislation to ensure that this House gave proper scrutiny to any primary law-making powers that were to be devolved to the National Assembly. I have asked a number of parliamentary questions on this issue. The Minister for Higher Education and Lifelong Learning told me in a written reply that:"““Members of both Houses will be able to scrutinise and suggest amendments to the Bill during its remaining parliamentary passage, including in relation to the provisions for Wales.””—[Official Report, 9 January 2007; Vol. 455, c. 559W.]" My right hon. Friend the Secretary of State for Wales went further, saying:"““To assist parliamentary scrutiny, all framework powers granting wider and more permissive powers to the Assembly will be accompanied by an explanatory memorandum””—" which I and all Welsh Members have received—"““setting out the policy context underlying the proposals. Copies will be sent to all Welsh MPs and will be placed in the libraries of both Houses.””—[Official Report, 11 January 2007; Vol. 455, c. 661W.]" That has indeed happened. I welcome all that; these are important developments. I am concerned, however, about the pre-legislative scrutiny; we probably missed it in this case. I hope that all Departments will take care to ensure that, when parts of Bills—as opposed to orders—delegate to the National Assembly new law-making powers of a primary nature, this House takes a proper look at those elements in a pre-legislative manner, particularly through the Select Committee on Welsh Affairs. I say that in the context of the completely changed position in regard to devolution. Last week, we saw dramatic changes in Scotland. We have yet to find out what the nature of the Government in Wales will be. There might be a coalition with the Liberal Democrats, or some kind of agreement with Plaid Cymru, or none of those things, resulting in a so-called rainbow coalition—although I am not sure how we can take the red out of a rainbow. Any such coalition should have regard to the party that was granted the most seats and, indeed, the most votes. That, however, is another issue. The point is that we are in uncertain waters, and what we shall see over the next four years will be very different from the devolution that we have seen in the past. It is therefore incumbent on the Government to ensure that, when we give law-making powers to the National Assembly for Wales, the House of Commons has proper scrutiny of those powers.