Part of the debate – in the Senedd at 6:05 pm on 21 November 2017.
Diolch, Llywydd. I have to say I'm a bit disappointed by the Government's response. I notice that there were lots of references to the opinions of the president of the tribunal in relation to the Government's position in terms of welcoming what the Government had done so far, but this is the very same individual who gave evidence to our committee and who made it abundantly clear that she wanted direction-making powers given to that tribunal so that it had the teeth to get the job done on behalf of children and young people who need additional learning provision to be secured from the NHS. And at the moment, that is simply not happening frequently enough. We're having problems in people getting the support that they need and it's leading to significant disadvantage for those children and young people.
As Llyr Gruffydd quite rightly said, we've got to do away with unnecessary complexity. That was one of the stated aims of this Bill and, unfortunately, I'm afraid it's leaving one huge volume of complexity there in terms of having two separate redress systems to try to navigate through. I mean, I've got cases in my own constituency going through the NHS redress system that have been going on for two years. Is that acceptable for children and young people who might be requiring an opportunity to get the support that they need in their place of education? I think not, and I know that you don't think that that's acceptable either.
As I say, it would be helpful to know what an earth has happened to the improvements that were suggested by Keith Evans in his report, 'Using the Gift of Complaints' in relation to the national health service so that we can sort the problems out that it has in dealing with concerns that are expressed to it and complaints that are made to it. Effectively, we've got eight individual NHS bodies all with their own redress systems working slightly differently, whereas we could have one body, the tribunal, making decisions that are consistent across the whole of Wales, which my amendments in this section seek to do.
You said quite rightly that the tribunal is an independent judicial body and, when it comes to its reports, they are a matter for the tribunal, but I do welcome the correspondence that you've committed to have with the tribunal to make sure that it is aware of some of the things—and you were able to make suggestions about some of the things—it might be useful to include in their reports going forward. I think a far better way to make sure that it's going to be a more useful report is by allowing the National Assembly to require things to be reported in a format that the National Assembly thinks is appropriate and then for that report to be laid before the National Assembly so that there can be an appropriate opportunity to scrutinise it. At the moment, that report is very often posted onto the website. I'd be surprised if it gets a couple of hundred downloads over a 12-month period, frankly. I've been on there, I've had a look at it: it ain't much cop, if I'm honest with you. And it's certainly not much use to those children and young people and their parents who might want to glean useful information from it.
So, I'm very disappointed that you're rejecting amendments 11, 19 and 20. I do think that people want to see this power to direct. As I say, there was one single witness that appeared before the committee at Stage 1 who did not feel that it was appropriate to give this power to direct, and that was the former Minister. Every single other person was in agreement—. And that was the previous portfolio holder. Every single other person who appeared before that committee and every single other person who gave evidence to the committee in writing was unanimous in their opinion that the tribunal should have its powers strengthened with the opportunity to direct the national health service. So I do urge all Members in this Chamber to be conscious of that when they come to vote.