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National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008

My Lords, the face of this statutory instrument in itself is Welsh history of a kind. It is wordy, but it is historic, and it is a first. It is a development arising from the context of the 2006 Westminster legislation that required London and Cardiff to work closely together and to trust each other. In itself, it is a straightforward order; it is bespoke and it is in coherent terminology. Of course, it is not law-making as such, but it grants a competence, and it is for the Welsh Assembly Government and the Assembly to make law and, in this instance, for local education authorities to implement it. That is the pathway, and it is full of good intent. It certainly demonstrates the collaborative capacity of Whitehall, Westminster, the Welsh Assembly Government and the Welsh Assembly to work together. Surely, it augurs well for the future. I rather think that an order entitled ““Constitutional Law Devolution, Wales”” is pointing to considerable future increases in the constitutional powers of the Assembly. I do not think that we should underestimate the long-term consequences of such orders. There are consequences for British governance and for our British constitution, as well as for our country of Wales. Devolution in Wales and in Britain is getting more substantial by the day. I heard Professor Anthony King say the same in these buildings yesterday. Parliamentary power is being devolved across all of Britain. In the debating Chamber of your Lordships’ House one may consider where it might it lead and where it will end. Certainly, devolved Government in Wales is here to stay—it will not go backwards. One recollects the difficulties encountered in the first referendum in 1979, which was lost. The noble Lord, Lord Roberts of Conwy, who is in his place, probably knows every nook and cranny of Welsh legislation for a whole generation. He was on the winning side then and I was on the losing side. The second referendum was secured by the narrowest of margins in the late hours, and it was the traditional narrow swing. I support the principal purpose of the order. It surely presages the much-needed reform of children’s special educational needs in Wales. Our Minister in Cardiff, Jane Hutt, has a commitment to those with such needs and she is conscientious in her approach. All of us in public life know that our schools are under unique pressure to deliver on standards and targets. There have been advances but still the child with special educational needs in Wales—and elsewhere—often loses out. I dare say that none of us here can adequately imagine or quantify the miseries of the parents of such children; they will always worry. The Assembly is clearly determined to act. I hope that the good intentions of this order are transmitted into practical advantages for every Welsh child with special educational needs. The Explanatory Memorandum, which is helpful, certainly gives that impression. Finally, as the years pass, I expect the Welsh Assembly to accrue stronger powers. I do think it is fanciful to envisage genuine law-making powers in Cardiff within a decade. I am far from being sure whether the Mother of Parliaments foresaw that prospect, but here we are. The daily lives of the Welsh people are increasingly decided by the Welsh Assembly; I refer, for example, to the fields of housing, education and training, health and transportation. I cannot be sure what that means for Members of another place. I dare say that they have considered carefully the legislation. One thing is certain: the order certainly aims to do good.