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National Assembly for Wales (Legislative Competence) (Education) Order 2010

My Lords, this legislative competence order has already been approved in the other place and by the National Assembly for Wales. Good governance is at the heart of our schools and is central to providing the high-quality education that we want for our children. Good governance underpins and supports the work that schools do by setting high standards and targets and by creating an environment conducive to learning. This LCO forms part of the Welsh Assembly Government’s legislative programme for 2009-10. It will complement the wide-ranging competence in the education field already enjoyed by the Assembly. The school governance model in place is more than 20 years old. The legislation covering school governance does not have the flexibility to allow the Assembly Government to respond to the changes and challenges emerging from the development of policies in Wales. The order that we are debating will allow the Assembly to pass measures to strengthen and improve the governance of local authority maintained schools. For example, it will allow the Assembly to legislate to enhance the training and support available to school governors. It will enable legislation to bring about improved collaboration and shared good practice. It will also allow for the possibility of establishing bodies such as school companies or other educational bodies to provide services to schools and to exercise education functions on behalf of local authorities. The order inserts three matters into Field 5—Education and training—in Part 1 of Schedule 5 to the Government of Wales Act 2006. Matter 5.2A relates to the conduct and governance of schools maintained by local authorities. Matter 5.2B relates to securing collaboration between persons or bodies with functions in relation to schools maintained by a local authority. Matter 5.2C enables persons or bodies with functions related to maintained schools to establish a body such as a company which could carry out activities related to education and training, and could exercise education functions on behalf of local authorities. I thank the Constitution Committee of this House and the Welsh Affairs Committee in the other place for undertaking scrutiny of the proposed legislative competence order. The order has also benefited from scrutiny by a committee of the Assembly. The Welsh Affairs Committee considered the scope of the proposed LCO in relation to staffing and finance and noted that it could be clearer in this respect. A new Annex A has been inserted into the Explanatory Memorandum to explain what is within the scope of the LCO in respect of staffing and finance. The committee also recommended that consideration be given to amending Matter 5.2A with regard to staffing and finance. The Welsh Assembly Government carefully considered this recommendation, but concluded that any amendment to Matter 5.2A was unnecessary and could cause confusion, especially when compared with the competence conferred by Matter 5.12 in respect of further education. However, the explanatory note to the LCO has been amended to make it clear that an Assembly measure made as a result of this LCO could not, for example, amend the provisions of the schoolteachers’ pay and conditions document. This matter exercised the minds of those who expressed anxiety on this score. In relation to Matter 5.2C, the committee recommended that the wording be reviewed to ensure that local authority functions other than education and training are not within scope. The matter has been amended to make clear that bodies can be established to carry out only the education functions of local authorities in addition to carrying out education and training activities generally. This order is about education. References to the education functions of the local authority have also been inserted in anticipation of an order being made under Section 162 of the Education and Inspections Act 2006. This provision enables the Secretary of State to repeal references to a "local education authority" and replace it with "local authority" in England and Wales. The Constitution Committee highlighted the need to consider this issue and we have included a transitory reference in the LCO in relation to such an order. This LCO has been improved as a result of intensive pre-legislative scrutiny and complements the Assembly’s existing legislative competence in education. Accordingly, I commend it to the Committee and I beg to move.