9. & 10. The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 and The Maintained Schools (Amendment of Paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020

Part of the debate – in the Senedd at 3:37 pm on 15 July 2020.

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Photo of Suzy Davies Suzy Davies Conservative 3:37, 15 July 2020

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.