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

My Lords, I, too, have been mainly interested in the process and passage of this first order under Part 3 of the Government of Wales Act 2006, which will enable the National Assembly to legislate and pass Assembly Measures relating to specific aspects of education and training. Like the noble Baroness, Lady Finlay of Llandaff, I think we have reason to be pleased with the pioneering procedure that has been followed, and I trust that equal care and diligence will be taken with similar orders that come before us in future. This historic first order, although the substance is important in its educational and disability context, arose from legislative shortcomings found by the Assembly in the course of an in-depth examination of special educational needs. The subject matter was selected not, I am glad to say, for political or media impact but by policy considerations, and I commend the promoters for their integrity and restraint. Neither does the choice of subject suggest that there is an overwhelming demand in the Assembly and in Wales for a major programme—a veritable flood of legislation that can be met only by a referendum bringing Part 4 of the Act into operation and by full legislative powers for the Assembly. However, that may be a mistaken impression. I am told that there are more orders like this one on the way. The order was subject to rigorous and effective scrutiny not only by the Assembly committee that dealt with it but by the Welsh Affairs Committee in the other place and by our own Constitution Committee. All this is admirably summarised in the very adequate documentation accompanying the presentation of the order. Of course, it all took time. The first draft was laid before the Assembly committee on 12 June last year, and I am sure that it will be June this year, at the earliest, before we have an Assembly measure to achieve the order’s objectives. Perhaps the Minister will assist us on the timing. The question of the precise nature of the Assembly measure to be presented haunted the minds of some of the participants, notably Alun Cairns of the Conservatives and Janet Ryder of Plaid Cymru, in the Assembly’s hour-long debate on the order on 5 February. We too have asked similar questions about the propriety of giving legislative competence without knowing precisely what it will be used for. It is clear that the more detailed knowledge we have of proposed measures, the easier the passage of orders allowing them will be. However, what impressed me about the Assembly debate was the appreciation of the Minister, Jane Hutt, of the value of the process of examining the order as, ““our opportunity””—that is, the Assembly’s opportunity— "““to demonstrate our maturity and confidence to handle these new powers””." Jane Hutt paid tribute to Eleanor Burnham, who chaired the first scrutiny committee, and described it and her collaboration with the Welsh Affairs Committee in further scrutiny as ““a steep learning curve””. The good quality of the Assembly debate on the order was very reassuring. I do not propose to deal with the points of difference that arose in the course of scrutiny, except to say that they were sensibly and fairly dealt with. I happen to agree with the conclusions, and I am glad that the noble Baroness, Lady Finlay, agrees with me. Others who participated in the ensuing arguments may take a more controversial view when the order is considered in the other place. I conclude with the request to Ministers at all levels to consider carefully the experience gained in the passage of this first order, to learn whatever lessons there are to be learnt and to seek future benefit from them. We have set a pattern here, and it seems to provide a good, if slow, start.