Part of the debate – in the Senedd at 5:07 pm on 2 April 2019.
Thank you very much, Deputy Presiding Officer. During the Stage 4 Plenary debate on the Additional Learning Needs and Education Tribunal (Wales) Bill, on 12 December 2017, I informed Members that I would need to make some minor technical amendments to section 91 of the Bill when it became an Act. I would like to take this opportunity to thank Members for agreeing to pass the Bill on the basis that the amendments to section 91 would be made at a later date.
Section 91 gives the Lord Chief Justice an agreement function when the Lord Chancellor appoints the president of the education tribunal. It also gives the tribunal president an agreement function when the Lord Chancellor appoints legal chairs. Both agreement functions were inserted to ensure an independent process.
The UK Government made the Judicial Appointments and Discipline (Amendment and Addition of Offices) Order 2017 in December 2017. That Order brought the process of appointing the president and the chairs of the Special Educational Needs Tribunal for Wales, or SENTW, within the Judicial Appointments Commission procedure. That Order could not, of course, have amended the Bill. The purpose of today's regulations is therefore to ensure that the Judicial Appointments Commission's procedures apply to the educational tribunal when it changes its name from SENTW. This secures the objective of an independent process. The regulations also amend Schedule 14 to the Constitutional Reform Act 2005 to refer to the educational tribunal.