Group 12: Review and reports on the effect of the Act and sunset provision (Amendments 30, 2A, 2B, 2C, 2D, 2E, 2, 35)

Part of the debate – in the Senedd at 7:00 pm on 5 December 2018.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 7:00, 5 December 2018

Diolch, Llywydd. I speak to amendments 30, 2A, 2B, 2C, 2D, 2E and 35. Although these seem a bit like diving into a pick-and-mix of review amendments, all of them are very important, and the main point we wish to raise is that nowhere in the Minister's amendment 2 does it say 'independent', or 'to lay before the National Assembly for Wales'. At the very least, we would have expected that any report should be both independent and available for the National Assembly, as the legislature, to scrutinise.

Turning to amendment 30, this is a complete alternative to the Minister's amendment. As I outlined in Stage 2, the split between the Minister's claims of the technicality of the Bill, as opposed to the very broad policy position within the explanatory memorandum and the draft administration scheme, is stark. By agreeing to scant detail on the face of this Bill, the National Assembly for Wales would be allowing the powers of the Executive to increase, whilst at the same time, indeed, limiting its own. The Minister throughout Stages 1 and 2 emphasised that the detail of the offer should be left to secondary legislation to allow for flexibility. However, subordinate legislation could change both the offer and the policy intent completely without the National Assembly for Wales using its function as a legislature to scrutinise it in depth. The first evaluation of the offer was also published less than two weeks ago, more than seven months after this Bill was introduced by the Welsh Government. It therefore seems to support the Constitutional and Legislative Affairs Committee's observations that the Welsh Government is legislating for the childcare offer before the conclusion of the pilot programmes and the appraisal of the policy's effectiveness.

As to amendments 2A, 2B, 2C, 2D and 2E, these amendments seek to improve upon the Minister's own ideas about reviewing the Bill. The concerns we have around the transparency of the Bill and previous Welsh Government legislation are borne out through the seven powers provided to Welsh Government to make secondary legislation, contained within just 13 sections of the Bill. The National Assembly for Wales cannot have just 40 days to vote through unamendable subordinate legislation without meaningful consultation.

Throughout Stages 1 and 2, the Minister has sought to assure the Children, Young People and Education Committee that key concerns surrounding transportation between childcare settings, workforce planning, and the charging of additional fees, would be investigated, and the draft administrative scheme also makes some concessions on the details of the offer. We therefore welcome some of the concessions and assurances the Minister has made in these areas. For example, we are pleased that the Minister has committed to add research questions to the evaluation of year 2 of early implementation of the offer on transportation, as well as adding both the offer and additional charges to the draft administrative scheme. Yet there is still no inclusion of the National Assembly for Wales within the process of evaluating the offer and its effects. Listed before us within amendment 2C are just a few of the areas the Minister has refused to consider placing on the face of this Bill, and has instead either dropped, made promises about, or relegated to the non-statutory administrative scheme. It is also of note that the Welsh Government's own evaluation of early implementation of the childcare offer, published just two weeks ago, recommended that further research is needed, over a longer period of time, in order to provide conclusive evidence on impact.

We therefore contend that this amendment provides a framework for the National Assembly for Wales to also scrutinise the impact of both the Bill and the childcare offer. As a result, while the list within this amendment is not exhaustive, it serves to show that the wishes of the Assembly are respected, rather than downgraded, when the Welsh Government undertakes its review of the Bill. Moreover, the fact that the Minister has only promised to bring a copy of the draft administrative scheme before the CYPE committee in spring, but nothing else, should be a warning that this will not be laid before the Assembly. Moreover, we do not agree with the Minister's assertion that a five-year period will give the Assembly enough time to review the offer. The national roll-out will begin in 2020, therefore the Assembly should have been able to assess its adequacy from the start. Therefore, we hope that amendments 2A, 2D and 2E will be passed.

Finally, as Suzy Davies will also attest, under amendment 35, there is an option for the Bill to sunset, by allowing the Assembly to determine whether it has carried out its main duty as a mechanism to provide the childcare offer. As my colleague has noted in Stage 2 of the Bill, review clauses don't include the option of concluding whether a piece of legislation has failed to deliver on policy intention. First, a sunset clause will allow for the Act to be stopped if regulations on its functions are not introduced, and, secondly, it allows for the Act to be sunset if it does not achieve its policy intentions. Given the necessity of both, it is clear that such an amendment should be accepted in the case of a skeleton Bill, as that is what we have here. Thank you.