---

Education and Skills Bill

It is indicative of my support for the Union that, although I represent an east of England constituency, I spend a disproportionate amount of time debating Welsh matters. I do so again with great pleasure. The amendment would extend part 1—the duty to participate until the age of 18—to Wales, as the hon. Member for Llanelli (Nia Griffith) argued. I take it from the tone of her contribution and the Under-Secretary's response that it is a probing amendment, which is designed to tease out the Welsh Assembly's perspective on the subject. Hon. Members will know that some provisions apply to Wales, although the Bill's main purpose—to raise the age of compulsory participation—does not. According to a written statement by Jane Hutt, the Assembly Minister for Children, Education, Lifelong Learning and Skills, to the Assembly, the provisions for inspection of education and training for those aged 16 and under; regulation, registration and inspection of independent schools in Wales; school forums; data sharing; and changes to the remit of the Qualifications and Curriculum Authority apply in Wales. Conservative Members believe that the Assembly should decide whether the age of compulsory participation should be raised in Wales. However, the current legislation, with some provisions applying in Wales and others not, could give rise to a lack of clarity. I guess that is why the hon. Lady tabled the amendment. I do not want to embarrass the Government unduly or unnecessarily. As you know, Madam Deputy Speaker, that is not my habit. However, as we found when we debated the Bill that became the Further Education and Training Act 2007 in the previous Session, such lack of clarity can have constitutional implications. As the Under-Secretary will remember, the Act enables the Privy Council to grant powers to award foundation degrees to further education colleges in England, but the measure did not extend to Wales. The Government's position was that the Welsh Assembly should decide whether the powers should apply in Wales. However, it became clear as the measure was scrutinised in Committee that such powers would not be devolved to the Assembly and that no proper discussion about that had taken place. I am pleased that the Government appear to have moved on and got it right in the Bill that we are considering. I appreciate that the balance of power between the Assembly and the House is a developing understanding on the part of the Government and the Opposition, but the useful tabling of the amendment gives us a chance to reconsider those matters. It is worth repeating that, for the Welsh Affairs Committee, Conservative Members and, I guess, some Labour Members, the preferred method of dealing with those matters is through Orders in Council rather than through encouraging the inclusion of provisions in primary legislation. After all, that principle lies behind devolution. It would be useful if the Under-Secretary could say something specific about that. He responded to the hon. Lady in the terms that I expected, but it would be useful to have absolute clarity about the different ways in which to legislate for Wales on education and other matters and perhaps an assurance—now is as good a time as any to offer it—that the Government will proceed by the preferred method in future with regard to the Bill and other measures.