Part of the debate – in the Senedd at 4:42 pm on 26 March 2019.
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.