Group 5: Commencement (Amendment 10)

Part of the debate – in the Senedd at 7:05 pm on 21 January 2020.

Alert me about debates like this

Photo of Julie Morgan Julie Morgan Labour 7:05, 21 January 2020

I've listened to the arguments put forward by Janet Finch-Saunders and other Members, and I think it is very important to acknowledge, as has already been said—and Helen Mary Jones has made this point very strongly—if this amendment is accepted, it will make commencement of the Bill conditional on something else happening first, whether that's waiting for the revision of Crown Prosecution Service guidance, or establishment of a pathway for diversion from the criminal justice system, or the provision of parenting support services. By making commencement of this legislation contingent on the revision of guidance by the CPS we would allow non-devolved bodies to be the final arbiters of our legislation, and I do think that that is a very important point.

In addition, you suggest we allow the UK Government to have a say in when Welsh legislation is commenced in an area that was specifically devolved to the Senedd under the Wales Act 2017, and why on earth would we want to do that? The CPS is entirely independent of Government and will make its own decisions about how and when it will revise its guidance. Let's not forget that, during Stage 1, the CPS assured the Children, Young People and Education Committee that revisions will be made to their guidance.

The test applied by the proposed amendment as to when commencement could lawfully occur is uncertain. If this amendment is passed, it would be very difficult, if not impossible, to judge when section 1 could be commenced. This contravenes what stakeholders and committees have asked for, and raises huge uncertainty which potentially jeopardises the Bill. We have been asked to give certainty, and that's what we have given.

I want to assure you we have really good working relationships with the CPS and the police. Huw Irranca-Davies referred to how they've worked closely with us in other areas, and we've certainly got that good working relationship now. We have worked with them in providing the estimates of costs in the regulatory impact assessment, and they are active members of the strategic implementation group and its task and finish groups. They are fully participating in all our preparations.

The work we do in these groups should not affect the timing of the Bill’s commencement. In fact, it's the other way round: a two-year period between Royal Assent and commencement means these groups can plan their work to a known timescale and deliver in good time before the law comes into force.

When it comes to parenting support, parents and carers across Wales already have access to a wide range of services to support positive parenting, including face-to-face advice through health visiting, the universal health visiting service, and through our family support programmes, Flying Start and Families First. In addition, our 'Parenting. Give it Time' campaign provides parents with positive parenting tips through a website, Facebook and a range of other resources, and is very well used.

I have allocated £325,000 to the 'Parenting. Give it Time' campaign this year, and intend to provide a similar level of investment next year. But I'm certainly not complacent. Members know that I made a commitment to review the existing provision of parenting support, and work is already under way through the parenting expert action group on this very issue. This group of parenting experts and professionals will consider what, if any, additional parenting support, advice and information is required to support behavioural change alongside this legislation, as well as identifying any gaps in current provision. Early indications from the exercise we carried out to map parenting support are that there is generally a good range of support provided by local authorities across different age ranges, but, as I stated earlier, the group will consider how this could be enhanced to best effect.

Just to comment on some of the contributions that have been made here this evening, I want to re-emphasise that all the professionals want clarity of the law. They're asking for the law to be clear. Health visitors, people at the front line, want that clarity. But I also want to make it quite clear that there is nothing in this legislation that stops the parent protecting a child that is in danger. If a child is running towards a road, of course a parent can grab the child. If a child is likely to be scalded by hot coffee, of course the parent can pull the child away. This is absolutely acceptable. [Interruption.] If a child is in danger, the parent must act in order to stop the child. In the example that the Member used, you would pull the child away and that would be perfectly acceptable.

And the other point I want to make is that whole—. [Interruption.]