8. The Qualifications Wales (Monetary Penalties) (Determination of Turnover) Regulations 2019

Part of the debate – in the Senedd at 5:24 pm on 2 April 2019.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 5:24, 2 April 2019

My job is to ensure that there is consistency across the qualifications sector and the regulations of that particular sector, and we're seeking to maintain that by mirroring the situation across the border in England. 

The Member, quite rightly, raises concerns about actually how this will work in practice. Before imposing a fine, Qualifications Wales must give notice to the awarding organisation concerned, setting out the reasons for the proposal and giving the body the opportunity to make representations. Qualifications Wales must also have regard to these representations, and if it still intends to impose a monetary penalty, it must set out the reasons for doing so, including the details of the awarding body's right to appeal that decision.

There is a first-tier tribunal, which will be in place to ensure that there are effective checks and balances within the system, and the regulations set out overall parameters that it is Qualifications Wales's responsibility as a regulator to place an appropriate level of monetary penalty that is proportionate.

I'm sorry that the Conservatives feel that they are unable to support these regulations today. I believe it strengthens our qualifications system and gives appropriate powers to the independent body that this Assembly has decided to entrust with our qualifications system, and I commend the regulations to the Chamber.