Part of the debate – in the Senedd at 6:20 pm on 5 December 2018.
Members, amendment 15 simply introduces a duty on Ministers to introduce those regulations to define the age of children whose parents can then rely on this legislation. Despite the very welcome duty embodied in amendment 4, which actually commits Ministers to funding the childcare offer, the likely fall of our amendment 22 means that we are no nearer certainty on which parents will be eligible because we don't know what 'care' means, and now, because we don't know what 'qualifying children' actually are. So, Welsh Government, of course, we know they can introduce the regulations to make this clear, but there is no obligation on them to do so. And for this Bill to be actually operable, functional, we need to have that age range, and so, we must have those regulations. So, if we don't have the regulations, the Bill remains inchoate and unenforcebale.
Amendment 16 also improves the subsection that helps us understand what a 'qualifying child' means. Section 1(7)(d) refers to a child who is the subject of a declaration made by virtue of, as yet, non-existent regulations. And I think it could be possible on a generous interpretation actually for that subsection to function without regulations, but I really wouldn't want to put money on it. So, if they are to be made, I think that they must include—. If they are to be made, the Bill already says they 'may' include a range of requirements to be met by a person making such a declaration. The amendment here simply says that if regulations are introduced, placing such conditions on a person making a declaration, then they must also set out what that person needs to produce or prove, or say, to show that they have actually met those conditions. I don't suggest what you might want to introduce by way of evidence, but, basically, I don't think you should be placing legal requirements on people unless you're clear how they can comply with those requirements. That's all this says. The amendment protects parents or others from potential uncertainty about how this Bill affects them. Thank you.