The next item is item 14, the Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020, and I call on the Minister for Education to move the motion—Kirsty Williams.

Motion NDM7394 Rebecca Evans

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

1. Approves The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 laid in the Table Office on 25 August 2020.

Motion moved.

Diolch yn fawr, Llywydd. I welcome this opportunity to discuss the legislative response that we've made to the COVID-19 pandemic, using powers afforded to us by the Coronavirus Act 2020. Throughout these extraordinary times, we've worked hard to give schools and local authorities the time and the space that they need to get on with the important job of supporting the needs of all learners, right the way across Wales whilst responding to the challenging situation we find ourselves in. I remain humbled by the response of our dedicated practitioners, leaders and support staff across all of our schools and settings. However, I do recognise the significant pressure that our schools and settings are under, and continue to be under, during this time. In June, I made the Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020, which amended the lists of enactments that can be disapplied by the Welsh Ministers for a specified period by notice. I then agreed for a notice to be issued, disapplying the basic curriculum and associated assessment arrangements, ahead of schools and settings reopening to more learners during the summer term. This notice applied from 24 June until 23 July.

In order to continue to support schools when they returned in September, I made the decision to make the Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020. These regulations added section 43 of the Education Act 1997, section 69 of the School Standards and Framework Act 1998 and sections 101, 109 and 110 and 116A to 116K of the Education Act 2002 to the table of enactments in paragraph 7(6) that can be modified in a particular way by the Welsh Ministers for a specified period by notice. This allowed us to issue a notice that temporarily modified the curriculum requirements for Wales and, using existing powers in the Coronavirus Act 2020, associated assessment arrangements for schools and funded non-maintained nursery settings to a 'reasonable endeavours' basis. This temporary modification enables schools to have some flexibility in how they comply with their duties, where that flexibility is needed. It does not remove the requirement for schools to seek to fulfil their curriculum and assessment duties. Instead, it requires them to make reasonable endeavours to meet those duties. This means that if a school has taken all reasonable steps to perform a statutory duty, but if they are still unable to do so, then that duty will be treated as satisfied. 

It is important to remember that these amendments have been made in the context of the Welsh Government's learning guidance, which sets out the learning priorities that remain key in all scenarios and at all stages of the pandemic. All of these actions have been completed with the help and the collaboration of our stakeholders and I commend them to the Senedd.

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

Thank you, Llywydd. We considered these regulations at our meeting on 14 September. Our subsequent report, laid on the same day, raised both technical and merits points and incorporated the Welsh Government response. 

Our two technical reporting points both raised concerns over the clarity of the legislation for those who would be accessing it. Our first point noted that regulation 2 adds provisions of certain enactments to the list of enactments in paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020. That list runs in chronological order. However, regulation 2 adds section 43 of the Education Act 1997 to the list after the School Standards and Framework Act 1998. Our report noted that this has the potential to cause confusion for anyone searching paragraph 7(6) for a specific statutory reference. The Welsh Government response acknowledges the inconsistency but states that the entry remains effective. Whilst we do not question the effectiveness of the regulations, we would still highlight the importance of making legislation that is clear and can be easily accessed and understood by those it affects.

Secondly, we noted an incorrect footnote referencing the Welsh version of the regulations. The Welsh Government response clarified that this was due to a formatting error, which has since been corrected by the Queen's Printer during the publication process. 

Our final point with regard to the regulations: a merits point noted that no formal consultation had taken place. We acknowledged the reasons given for this in the explanatory memorandum, mainly that this is in the light of the unprecedented situation created by the coronavirus pandemic and the challenging timescales within which the regulations need to be made. Diolch, Llywydd.

Thank you, Minister, for your opening remarks there, and thank you to Mick Antoniw as well—I think those points were well made.

Once again, I'm assuming, Minister, that you're bringing forward these regulations to ensure that staff in schools don't fall foul of the law, and, bearing in mind that you've already said that this doesn't negate the need for school staff to do their very best in order to deliver the curriculum, I suppose my essential question would be: why do you think that they would fail to do that?

We've previously agreed, haven't we, retrospectively, to the disapplication of the curriculum for a specific period of time, because of the impossibility of delivering it at short notice, with schools closing completely, apart from the hubs, and that very sudden exposure to blended learning, which was underdeveloped in many cases and which led undeniably to an inconsistent experience for pupils. This time, though, we're being asked for a period of time, which I hope you will clarify, to allow staff to use their best endeavours to deliver the basic curriculum and national curriculum in particular rather than continue under a duty to provide it. That sounds to me—. You just said to us, I think, that the duty actually still prevails; perhaps you'd clarify that.

Obviously we all understand how difficult it's been these last six months, and I completely associate myself with your opening remarks in thanking pupils' families and staff, but we have had repeated assurances from you that the online offer, primarily Hwb, is a quality offer; that you and schools and colleges and local authorities have all got thousands of pieces of IT kit, as well as licences, out to our young people who need them; and that schools are now better placed to provide blended learning than they were six months ago. So, of course, schools will use their best endeavours to fulfil those duties, they always have, so what exactly is it that you see preventing them from fulfilling those duties now? I accept it's not easy; I think I said that. I think my biggest concern though is this: yes, we've got schools that are going to face many lockdowns of up to a fortnight, but what is preventing schools delivering that curriculum through blended learning over such a short period of time, or catching up when pupils are back?

Can you tell me, Minister, whether you'll be asking the First Minister to report on the need for these regulations every three weeks and sharing the evidence on which that assessment is made? Because so many of our other Welsh Government COVID decisions are predicated on keeping our schools open and, if they're open, they should be delivering the curriculum, even to those classes who may be sent home. So, if you could clarify some of those answers for me, I'd be very grateful.

The Minister for Education to reply to the debate. Kirsty Williams. 

Thank you, Llywydd. To begin with, can I thank Mick Antoniw and his committee for their feedback? Accessibility to legislation is an important part of the rule of law, and we will endeavour to ensure that, in bringing any education legislation forward, that principle is upheld. But I'm glad that the Chair recognises that the law is still correct, but obviously we will do our best to ensure that his comments are reflected in future legislation that comes before him. 

With regard to the points made by Suzy Davies, which were numerous, I will absolutely clarify that the expectation is that, wherever possible, schools should deliver the national curriculum for Wales, but we have moved to a best endeavours because we recognise the significant pressure that our practitioners are under at the moment. I spent my afternoon talking to a range of headteachers who are doing tremendous work in keeping their schools open; responding to the needs of their learners; responding to the needs of parents, their communities; but doing so, often, whilst handling maybe a COVID incident in their own school, engaging with test, trace and protect teams. They remain under a huge amount of stress, managing staff absence, whether that's COVID related or non-COVID related, and finding cover for those members of staff, when sometimes it's difficult to recruit and recruit that cover into schools, even on a temporary basis. Whilst schools remain under this pressure, I do believe it is appropriate to give them and local authorities the space so that they can concentrate on delivering the guidance, as set out in our learning documents. 

Now, Suzy Davies does raise a very legitimate point about the ability of schools to switch seamlessly in a way that many were unable to do at the height of the pandemic, between provision within the classroom and delivering lessons remotely. And I think that we are indeed seeing a huge step change in the ability of schools to do just that, whether that be teachers delivering lessons remotely from their own homes, because they themselves are self-isolating, or being able to deliver both synchronous and asynchronous lessons to students who are out of school.

During the month of September, already, we have seen the establishment of over 25,000 Google Classrooms. That is more Google Classrooms set up in the last month than over the last couple of academic years. It just demonstrates the readiness of our schools to move to that provision if necessary. But, even in that provision, Suzy, I'm sure you'd agree with me, that it's impossible to access a lab; it's impossible to deliver physical education easily in those types of settings. So, we do need to be able to give schools the confidence that they are not worrying about potentially breaking a law and, as I said, to give them the space to attend to the health and well-being needs of their community, the health and well-being needs of their own staff, I should say, who are working under tremendous pressure, as well as having, as I said, the implication that they should use all their best endeavours to fulfil a full curriculum.

I'm content that these regulations are necessary and that the associated statutory notices meet the required test of being appropriate and proportionate, and I believe they also offer a high degree of assurance around the curriculum and assessment arrangements the schools are expected to deliver whilst, as I said, providing that crucial flexibility to respond to additional considerations. It means that schools will need to do everything they can to reasonably fulfil their duties, but it does allow that flexibility, which I feel, at this stage of the pandemic, continues to be key. Thank you.

The proposal is to agree the motion. Does any Member object? [Objection.] Therefore, I will defer voting until voting time.

Voting deferred until voting time.