There is no objection to that, and therefore I call on the Deputy Minister, once again, to move these motions—Julie Morgan.

Motion NDM7005 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

1. Approves that the draft The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 is made in accordance with the draft laid in the Table Office on 20 February 2019.

Motion NDM7004 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

1. Approves that the draft The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 is made in accordance with the draft laid in the Table Office on 15 February 2019.

Motion NDM7006 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

1. Approves that the draft The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019 is made in accordance with the draft laid in the Table Office on 05 March 2019.

Motions moved.

Thank you, Llywydd. I move the motions. The Regulation and Inspection of Social Care (Wales) Bill was passed unanimously three years ago. Through phased implementation of the Act, we are establishing a new system of regulation and inspection of social care providers that is robust, streamlined and citizen focused. The regulations before us today contribute in this endeavour and substantially complete phase 3 of the implementation. 

The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 place clear, appropriate and proportionate requirements on regulated adoption services and their responsible individuals against which Care Inspectorate Wales can inspect. As with the adult placement, advocacy and fostering service regulations passed by this Assembly in January, core requirements relate to the governance of the service, the way in which it's carried out, its staffing and how it safeguards and supports people. They also focus on quality, accountability and improvement of service delivery. Where providers or responsible individuals fall short, the regulations specify which breaches will or may be treated as an offence in addition to the inspectorate's civil enforcement options. 

As adoption is a particularly complex and challenging area of the law to reform, I would like to thank the key stakeholders, including the National Adoption Service and the Association for Fostering and Adoption Cymru, who've worked with us to ensure that the regulations align with those for other regulated services under the 2016 Act wherever practical and appropriate, but are also fit for purpose in respect of adoption. 

Through this engagement, we've made a small number of significant changes in terminology to better reflect the nature of regulated adoption services. To deal with the confusion in the sector as to the intention behind the use of the word 'care' in these regulations, we have replaced reference to 'care and support' as a way of defining what the service does with support. We've also replaced the term 'personal outcomes' with 'need for support', which will avoid requirements around the personal outcomes for children being in conflict with those for adults also receiving support from the service. These changes maintain the standards expected under the 2016 Act while achieving a better fit for the nature of adoption services. This respects their separate statutory basis primarily governed by the Adoption and Children Act 2002.

However, there are two areas in particular where I've resolved not to make changes. I consider that it would not be appropriate to duplicate existing legal requirements by setting out detailed safeguarding requirements in these regulations. Instead, the regulations make it clear that service providers must have comprehensive policies and up-to-date procedures in place to reflect those existing requirements.

I also feel strongly that adoption services, like other regulated services under the 2016 Act, should review the quality of their services every six months. They can do this in a proportionate way, making best use of existing sources of data as part of an ongoing cycle of quality assurance. The accompanying statutory guidance emphasises this focus. Statutory guidance setting out in greater detail how providers and responsible individual may comply with the requirements within the regulations will be published in early April.

Turning now to the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019, these make technical changes to primary legislation in connection with the coming into force, on 29 April, of provisions within Part 1 of the Act, which relate to the regulation of adoption, adult placement and fostering services. Essentially, they update terminology within existing primary legislation, in line with the regulation and inspection of social care Act 2016, providing clarity and ensuring consistency of the law.

Finally, the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019 make a small number of discrete changes to the regulations that this Assembly put in place at phase 2 of implementation in relation to the regulation and inspection of residential and domiciliary care services. The amendments include changes to the exceptions for domiciliary support services to ensure clarity about how services that provide nursing care in people's own homes will be regulated, and changes to the exceptions for care home services, which will exempt residential holiday schemes for disabled children from the scope of the regulation, while a more proportionate regulatory framework is put in place for them. They also add requirements regarding adequate oversight and monitoring of savings that care homes and secure accommodation services make on behalf of children, and change the notification requirements for consistency with regulations put in place at phase 3. Statutory guidance updated in line with these changes will be published in early April.

I believe that these changes within these regulations form a necessary part of delivering the revised system of regulation and inspection in Wales, willed by this Assembly when it passed the Bill in 2016, and I ask for your support.

I call on Suzy Davies to speak on behalf of the Constitutional and Legislative Affairs Committee—Suzy Davies.

Diolch yn fawr, Llywydd. If I may just begin with a personal note before I speak on behalf of CLAC. I'm just pleased to hear that there's been a recognition that the word 'care' needed closer definition. That's a point that's been raised in this Chamber before in the context of childcare, and I'm wondering, if that's within your remit, if perhaps that might need a bit of attention at some point in the future.

On behalf of the Constitutional and Legislative Affairs Committee, can I just say that we considered the regulations under items 4 and 5 at our meeting on 11 March, and those under item 6 on 18 March. We issued a clear point on the regulations under item 5, and draw attention to the reporting points we made for the regulations under items 4 and 6.

In our report on item 4, that's the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019, we highlighted two technical points under Standing Order 21.2(v). First, the phrase in regulation 2, 'approved by the service', in our view, required further explanation, especially because those words apply in the context of a criminal offence, which I think you mentioned, Minister. 

Secondly, we questioned why, under regulations 7 and 8, if the responsible individual is unable to fulfil their duties, the service provider does not have to ensure that there are arrangements in place for the service to comply with the requirements of Parts 11 to 15 of the regulations, because it does for Parts 3 to 10.

The Welsh Government’s response addresses these points and says that the meaning and drafting of the regulations is sufficiently clear. Obviously, it wasn't a point that we agreed with. That's why we raised it. As regards the merits point we raised under Standing Order 21.3(ii), in line with its response to us, the Welsh Government has now published its summary of consultation responses, as required by section 27 of the regulation and inspection of social care Act 2016, and we're grateful for that.

As regards the Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019, our principal merits point under Standing Order 21.3(ii) also related to the need to publish the consultation responses required by section 27 of the 2016 Act, and so that issue has also been addressed.

In closing, I'd just like to highlight the following point, which is that we would have expected the summary of consultation responses to have been laid at the same time as the draft regulations were laid. We believe that was the intention of the Assembly when it approved the 2016 Act, including that specific section—section 27(5). Thank you.

I have no further speakers. The Deputy Minister to respond.

I thank Suzy Davies for her contribution to this debate, and I note the points that she has made. I know that the Government has—we have responded to those points. And I also note the point about the consultation, which, as you know now, has been published. So, thank you very much for your contribution.

Over the last three years, we have worked closely with the regulators and sectors involved to develop and implement the new statutory framework under the 2016 Act, of which these regulations form a part. They will help ensure that individuals who need care and/or support will receive the quality of service they deserve. I commend the regulations to you and invite your approval.

The proposal is to agree the motion under item 4. Does any Member object? No. The motion is therefore agreed under item 4.

Motion agreed in accordance with Standing Order 12.36.

Next is the proposal under item 5. Does any Member object? No. Therefore the motion under item 5 is agreed.

Motion agreed in accordance with Standing Order 12.36.

The proposal now is to agree the motion under item 6. Does any Member object? No. Therefore, the motion under item 6 is agreed.

Motion agreed in accordance with Standing Order 12.36.