---

Further Education and Training Bill [Lords]

The shadow Welsh Ministers have been in almost constant contact with me on the matter. I have taken their sagacious advice on almost every word that I am about to utter. Their interest in it has been extraordinary, as I will no doubt illustrate in my remarks to the House. In a letter of 27 June 2007 to John Graystone, chief executive of Fforwm, the Welsh equivalent of the AOC, on the opportunities for FE colleges in Wales to apply for powers to award foundation degrees, the Minister of State wrote that these matters are"““for the Welsh Assembly Government Ministers to consider since education is a devolved issue.””" However, the clause in question relates to the power of the Privy Council. The Welsh Assembly Government has not been devolved any powers with regard to the Privy Council. In other words, there is real doubt about whether the Welsh Assembly has the competence to allow Welsh colleges to award foundation degrees, even if the colleges were able to do so, and even if the Assembly wanted them to do so. The issue was clarified by Lord Adonis on Report in the House of Lords on 27 February 2007, when my noble Friend Baroness Morris of Bolton asked him to clarify what the Association of Colleges’ sister organisation in Wales had said. She said that there was some confusion in the Welsh Assembly as to whether clause 26 was sufficient to allow the Welsh Assembly to enact similar legislation to enable Welsh colleges to award their own degrees. The noble Lord Adonis said:"““The only other point on which I think I should respond now is that of Wales; having not been able to give an answer in respect of Wales earlier, I certainly do not feel that I can let it pass a second time. The noble Baroness, Lady Morris, asked whether Clause 26 would be wide enough to allow the National Assembly for Wales to pass measures similar to Clause 19. The answer is no. She is correct that Westminster would need to legislate for that to be possible, unless an Order in Council were made to give the National Assembly the measure-making power.””—[Official Report, House of Lords, 27 February 2007; Vol. 689, c. 1559.]" It seems from what Lord Adonis said that the Bill is insufficient to enable Welsh colleges, even if the Assembly wished to do so, to award foundation degrees. There is clearly an important constitutional point here. I will not—because you would not allow me to do so, Madam Deputy Speaker—wax lyrical about the wider issue relating to the way in which the Bill has been dealt with in respect of Wales, although Members in all parts of the House have profound concerns about that. However, in dealing with the amendments it is important to be clear that Welsh colleges should have at least the potential power to award foundation degrees in the same way as English colleges will enjoy after the passage of the Bill.