Part of the debate – in the Senedd at 4:00 pm on 16 January 2019.
I share concerns highlighted by the Finance Committee around the Welsh Government's interaction with this Bill. I fully agree with the committee that the Welsh Government has a responsibility to provide financial information to Assembly Members in their preparation of legislation, and in light of the First Minister's response to the committee, my concerns remain.
The health Minister has made it clear that he does not support this Bill. Instead, he is consulting on a code of practice on the delivery of autism services. He told committees that the code will do everything that the Bill wants to do, but I do not believe the code will be sufficient to deliver the changes needed to improve services. My concerns are shared by the National Autistic Society and others, and I will outline some of these today.
My Bill would place a duty on the Welsh Government to prepare and publish an autism strategy, as well as review and revise it based on independent assessment, but there is no reference in the code to duties on the Welsh Government to publish, review or revise the code or autism action plan. It's important to stress the proposed code is not mandatory on health bodies. A further worry for people with autism and their families is the fact that the code can be reversed at any time by the Welsh Government. This is a far cry from the permanent and all-encompassing regime set out in the Bill.
My Bill ties the timescale for autism diagnosis to those set out by the National Institute for Health and Care Excellence, three months from referral to start of diagnostic assessment. The long wait for diagnosis is an area of enormous concern to many people with autism and their families. NICE standards are based on evidence and clinical expertise, but despite recognising the importance and authority of NICE on other aspects of healthcare, the Welsh Government has chosen to ignore them on waiting times for autism diagnosis, and remains attached to a 26-week target for children and, as yet, no target for adults. I have yet to see the evidence on which this target is based.
The code is heavily tied to the Social Services and Well-being (Wales) Act 2014 and Additional Learning Needs and Education Tribunal (Wales) Act 2018, whereas my Bill includes provisions much wider than those Acts. My Bill provides for meeting the needs of people with autism and their carers in relation to the Welsh language, employment, education and advocacy, but there are no duties or requirements in the code relating to any of these areas. Instead, the code says that health boards and local authorities should make reasonable adjustments. This is far weaker than the statutory duty in the Bill, and essentially allows Welsh Government to carry on doing more of the same. I'm concerned by the narrow remit of the code, as it doesn't provide for these wider aspects of a person's life. A broader holistic approach is essential if we are to ensure that people with autism are able to achieve their potential, and lead valued and fulfilling lives. The powerful evidence given by families living with autism, both via my consultations and during scrutiny, more than bears this out.
Whilst the Bill includes provision to ensure services reflect and facilitate transition from childhood to adulthood, the code refers to transition when leaving school, but there are no requirements or duties in the code to promote this in a meaningful way. We're all aware of the invaluable role played by families and friends in providing informal care to their loved ones, which is why my Bill strengthens and supports families and carers of people with autism. Such a commitment does not exist in the code, which merely includes a requirement to make carers aware of their right to an assessment under the social services Act. This is of particular concern to me, as I do not believe that this is sufficient to meet the needs of those carers.
I'd like to now address criticism directed at the Bill citing that it is diagnosis-led. This claim is simply misleading. The Bill is not solely concerned with diagnosis, but instead puts forward an overarching regime that seeks to address all the needs of a person with autism both pre and post diagnosis. Nowhere does the Bill state that a diagnosis of autism is or should be a requirement for receiving services. Indeed, having a diagnosis of autism is not an automatic passport to services. My Bill specifically provides that services can be delivered prior to a formal diagnosis.
It has been claimed that the Bill will result in an increase in diagnosis, but diagnostic criteria are determined by developments in scientific knowledge and professional practice, and will not change as a result of this Bill. And it is not morally defensible to argue that people with autism should go undiagnosed simply on financial grounds, or for lack of resources. Conversely, the data-collection requirements in the Bill will assist in identifying any tendency to over-diagnosis by health boards which, in turn, will lead to more efficient targeting of resources.
Evidence from existing trials in Wales has clearly established that the gathering of key data by the NHS, such as that prescribed in section 6 of the Bill, can lead to long-term improvements in the diagnosis of autism and delivery of related support services. The limited and unproven data-collection requirements in the proposed code would not offer these benefits. I accept that initiatives have been developed recently, notably the establishment of the integrated autism service. The Minister has told the Assembly that the IAS needs time to embed. Yet, two of the seven services have not yet been rolled out—west Wales and Western bay aren't expected to be in place until April 2019. This process has taken far too long. How can Members be confident that the IAS will deliver for their constituents when so many are still waiting for the service to be rolled out? Furthermore, the final evaluation of the strategic action plan and IAS has not yet been published. The final report will provide important, independent evidence on the effectiveness of the Welsh Government's autism strategic action plan. And without sight of this crucial information, Members cannot make a meaningful assessment of the Welsh Government's approach.
I'd like to make it clear that my Bill will not result in wholesale changes to the structure and configuration of autism services, but seeks to underpin and further strengthen developments that are already under way. My Bill is designed to complement and be compatible with Welsh Government's existing activities, save for certain key improvements such as diagnostic waiting times, and, as such, is wholly realistic and achievable.
Today's vote isn't about whether the Bill in its current form will become law, it's about agreeing the general principles to enable further scrutiny to take place. Should the general principles not be agreed today, the Bill will fall, and Members will have no further opportunity to shape the way autism services are developed in Wales. Agreeing the general principles will enable Members to table and debate the amendments they would like to see to the Bill. This is the only way of ensuring that Members are at the forefront of shaping the future development of autism services. There will be no further opportunity should the Bill fall today.
Whilst the Welsh Government is consulting on a code, it will not undergo the scrutiny afforded to a Bill, and Members will not be given a final say on its content. I passionately believe my Bill will deliver real and sustainable improvements to the lives of people in Wales with autism and their families, and I ask Members for their support in agreeing the general principles of this important Bill this afternoon.