Part of the debate – in the Senedd at 6:17 pm on 5 December 2018.
Diolch, Llywydd.
Amendments 14 and 18, brought forward from Stage 2, place the age of the qualifying child on the face of the Bill, and allows Ministers to change that age at a later date through regulation. While the explanatory memorandum and the draft administrative scheme clearly outline that three- and four-year-old children would be entitled to free childcare, the Bill declines to place the age of the child clearly within its provisions, instead leaving it to secondary legislation.
While we understand the Minister's point of view on flexibility, we believe it is still necessary for the Bill itself to be open and transparent about its application. We recognise that the Minister tabled an amendment at Stage 2 to say that funding will only be available to those under compulsory school age, and has clearly included the age within the draft administrative scheme. However, this brings us no further forward to a transparent piece of legislation, as it is again left to secondary legislation or non-statutory guidance.
Therefore, amendment 18 is somewhat of a compromise to the Minister's wishes for future flexibility, allowing Welsh Ministers to change the age should evidence show that younger children need to access the offer. For example, evidence from the Equality, Local Government and Communities Committee inquiry into parenting and employment highlights the need for the childcare offer to be extended to nought to two-year-olds, to ensure higher employment rates. They also found that the biggest barriers to employment were to parents who are seeking work soon after their first child is born. Although there are concerns about Henry VIII powers, this places the current aim clearly on the face of the Bill, while providing Welsh Ministers some flexibility to change the age at a later date, should evidence show further extension of the offer is needed.
Turning to amendment 15, my colleague Suzy Davies AM has ably outlined why we had to table these at Stage 2, and this sets out the reasoning why we will do so again at Stage 3. Essentially, this is about what actions the Welsh Government must take so that the Bill can even function, and, if they are not, would simply leave the Bill as an empty vessel. There are duties here that Welsh Ministers must undertake to make the Bill work. As a result, we call on the Welsh Government to accept this amendment in the true spirit in which this was intended.
As to amendment 16, this is intended to ensure that whatever the eligibility requirements asked for by Welsh Government to apply for the offer are underpinned by giving parents information. Essentially, it's about helping eligible parents for the offer to understand themselves what a qualifying child is. It is concerning that the Welsh Government is intending to set out regulations informing groups of people about their eligibility for a certain offer or grant without providing clear information as to what they need to bring along to evidence their claim. Thank you.