Therefore, I ask the Minister for Education to move. Kirsty Williams.

Motion NDM7347 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 laid in the Table Office on 22 June 2020.

Motion NDM7348 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves The Maintained Schools (Amendment of paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 laid in the Table Office on 25 June 2020.

Motions moved.

Diolch yn fawr, Llywydd. I welcome this opportunity to talk about the legislative response that we've made to the COVID-19 pandemic using powers related to the Coronavirus Act 2020. As you and all Members of the Senedd will know, these have been, and continue to be, extraordinary circumstances and our response has had to acknowledge that.

We have worked hard to ensure that the actions that we've taken have been measured but immediate. We've given schools and local authorities the time and space they need to get on with the important job in hand of looking after the needs of learners right the way across Wales. 

Making an amendment to the curriculum requirements regulations has allowed us to issue a notice that temporarily disapplies the basic curriculum requirements and associated assessment arrangements for schools and non-maintained funded nursery settings. These statutory requirements were designed to be delivered in a formal classroom-based environment, and they have been disapplied to provide practitioners the space and flexibility to focus on the health and well-being of learners, preparing them to re-engage with learning. We have also published guidance that provides advice on learning and teaching that schools and settings may wish to provide for the remainder of the summer term. 

Perhaps less high profile, but nonetheless equally importantly, we have made changes that have allowed us to issue notices modifying the school organisation code, so that school organisation proposals can continue even where schools are closed due to the coronavirus—for example, any knock-on effects on funding or the Welsh in education strategic plans that may have impacted by COVID.

We have also made another notice disapplying part of the changing of school session times regulations, allowing schools and local authorities to quickly make the necessary changes to start and finish times of the school day so that they have been able to safely accommodate more learners to check in, catch up and prepare at their own schools this term.

All of these actions have been completed with the help and collaboration of some of our key stakeholders. Colleagues right the way across Wales, in local authorities, regional consortia, Estyn, diocesan authorities and school governing bodies, as well as parents, children and young people, have been instrumental in our response. I would commend the regulations to the Senedd.

First, Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Diolch, Llywydd. Members will be aware that these two sets of regulations amend paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020, to add a number of existing legal provisions in both primary and secondary education-related legislation to the list of statutory provisions that can be disapplied by the Welsh Ministers for a specified period by notice because of the ongoing COVID-19 public health emergency. Our reports on these regulations are provided with the agenda for today's Plenary.

With regard to the first set of regulations, which I'll refer to as the curriculum requirements regulations for ease, these have been in force since 23 June 2020. Our report highlighted that no formal consultation took place ahead of the regulations being made, nor was a regulatory impact assessment completed.

I also wish to draw Members' attention to the Disapplication of Curriculum Requirements in Wales Notice 2020, which was issued by the Minister for Education on 23 June 2020 to accompany the curriculum requirements regulations. The notice is a form of subordinate legislation, but one that does not have to be laid before the Senedd. Nonetheless, our committee is attempting to monitor these other forms of subordinate legislation that are being made, and as such we have also reported on the notice under Standing Order 21.7.

The notice disapplies various provisions contained in primary and secondary legislation relating to the curriculum in Wales. As highlighted in our report, there is a discrepancy regarding the period during which the notice applies. The dates in the notice itself differ from the dates provided in the Minister for Education's written statement that accompanied the notice's publication. But we have written to the Minister on this matter, and maybe the Minister could address this matter in her closing remarks if possible.

Turning to the second set of regulations being debated today, which I'll call the maintained schools regulations, these came into force on 25 June. At this point, I'd like to highlight an important constitutional matter. These regulations came to force before they were laid before the Senedd. Now, this is permissible, but it is unusual.

Turning to the specific matters raised in our report on the maintained schools regulations, we have again highlighted that no formal consultation took place ahead of the regulations being made, nor was a regulatory impact assessment completed.

We also make, in our report, five technical reporting points that relate to the drafting of the regulations. We received a Welsh Government response to these points on Monday, for which I'm grateful, and I do acknowledge the Government's view on each matter that was raised. Diolch, Llywydd.

Just to make it clear, we will be supporting these regulations, but I wanted to raise again this issue of timing to see if we can get some movement on this. I noted the Trefnydd's earlier comments, and I'm seeking the Minister's support in following up on that.

The first set of these regulations made under the Coronavirus Act were made on the morning of Monday 22 June and, as we've heard, they permitted Ministers to issue the notice disapplying the usual position as a result of COVID. We're supporting them as they protect teachers and governors, of course, from the consequences of failures to fulfil statutory duties on schoolroom-based delivery. The notice period covers, in the end, the period of 24 June to 23 July, capturing any schools that will be offering a fourth week at least up until next Thursday. However, today is 15 July and, as we know, a significant number of councils have told their schools to finish in the next two days. 

These regulations didn't come before the LJC committee until 6 July. I don't know why they didn't come to us on 29 June, but we've had a further nine days between that meeting and the tabling for today, and the result of that is that we've had a Government-made law, not Senedd-made law, in force for virtually the whole period in which teachers and governors were intended to benefit from this.

As we've heard, no impact assessments have been done, and we've had no formal consultation. So, we've had law in force for weeks that was not made by this nation's lawmakers. Alun Davies and Dai Lloyd may quite well worry about Senedd powers being lost to Westminster, but I'm also worried about how many we're losing to Welsh Government. 

So, what I'm asking for, Llywydd, is that made affirmative legislation is tabled for debate and ratification by the Senedd before the purpose of that legislation expires, and I'm asking Welsh Government to consider moving its three-week review period forward by just a few days—I don't think the Act prevents that—so that they can make and lay regulations a few days sooner and earlier in the week, and that the LJC committee has at least a chance of scrutinising and reporting on them the following Monday, instead of over a week later, and that we may even get the Plenary debate on the same week as the LJC meeting, as is happening with the second set of regulations before us today. But, as Mick Antoniw has pointed out, that second set of regulations was made and laid and came into force by 25 June—several weeks ago.

The Minister to respond—Kirsty Williams.

Thank you very much. Diolch yn fawr, Llywydd. Can I thank Mick Antoniw and Suzy Davies for their comments this afternoon? Mick, you'll be aware that you are correct with regard to the discrepancy, for which I apologise. The error is unfortunate indeed, given that the notice was planned to coincide with the end of the summer term for the majority of schools and settings. However, I don't believe that we need any further clarification, but I apologise for the mistake.

I'm grateful for Suzy Davies's support for the regulations and the recognition that they are brought forward to protect individual schools, headteachers and governing bodies in the sense that it has been impossible for them, during these three weeks—and in some cases four weeks—to apply the full curriculum, especially when we have been very keen that they focus very much in the first instance on child well-being, mental health and readiness to learn. But that's not to say that there aren't curriculum activities going on in schools the length and breadth of Wales. But I'm grateful for your recognition that this is done to protect governing bodies.

I am aware that there are ongoing discussions between the Trefnydd, the Presiding Officer and the Business Committee around the scheduling of these debates in the future, and I hope that those reach a speedy and satisfactory conclusion. But, to conclude on the regulations before us this afternoon, I'm content that these regulations and the statutory notices meet the required tests for being appropriate and proportionate, given the unprecedented situation that we find ourselves in and I trust that the Senedd will support them. Thank you. Diolch 

The first proposal, then, is that the Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 should be agreed. Does any Member object? No. Therefore, that motion is agreed.

Motion agreed in accordance with Standing Order 12.36.

The next question is that the Maintained Schools (Amendment of Paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 should be agreed. Does any Member object? No. Therefore, that motion is also agreed.

Motion agreed in accordance with Standing Order 12.36.