Part of the debate – in the Senedd at 3:34 pm on 15 July 2020.
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.