18. & 19. The General Principles of the Curriculum and Assessment (Wales) Bill and The Financial Resolution in respect of the Curriculum and Assessment (Wales) Bill

Part of the debate – in the Senedd at 6:30 pm on 15 December 2020.

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Photo of Kirsty Williams Kirsty Williams Liberal Democrat 6:30, 15 December 2020

Earlier this year, I committed to engaging with the debate on the position of English in the Bill, within the context of our ambitions for a truly bilingual system. The response to the survey on amending the Bill so that English would become a mandatory element at seven was overwhelmingly supportive, and therefore I do intend laying an amendment at Stage 2 to that effect. I note the committee's comments about a Welsh language code, and I am committed to working with stakeholders and the Welsh Language Commissioner in developing the clear Welsh language continuum for all learners as soon as possible. This will take time and thought, and many of the challenges that we face are not legislative, but they are about the ways of working, culture and mindset. I do not believe that the requirement of a code will aid us in this.

Welsh is mandatory from three on the face of the Bill, and that provides a very clear signal as to the priority that we give to this. Members will also be aware that we have launched a consultation on the draft non-statutory guidance for categorising schools according to their Welsh-medium provision. I sympathise greatly with the calls for this to be made statutory. However, that is beyond the scope of a curriculum and assessment Bill, and will need separate legislation. I very much hope that the next Government will choose to act in that way.

Now, more than ever, the mental health of our learners is so important. At Stage 2, I intent to table a duty to have regard to pupils’ mental health and emotional well-being. This duty will put mental health in a unique position, and it'll be a system-wide consideration to inform every decision a school makes about a curriculum. The teaching of mental health and well-being is already secured through the proposed 'what matters' code, and the amendment will ensure that all local decisions relating to a curriculum will need to factor in the impact of mental health and emotional well-being.

Turning to religion, values and ethics, I would like to express my appreciation to all stakeholders, including the Wales Humanists and the National Secular Society, for their contributions, as well as our education delivery partners, including the Church in Wales and the Catholic Education Service. The amendments I intend to table in Stage 2 will address some of the concerns that have been raised. The Bill will ensure that pluralistic RVE is available to all learners, whilst also ensuring that schools of a religious character can continue to operate in accordance with their trust deeds.

I also accept the CYPE committee's recommendation 50 in relation to section 58 of the Bill. The Government is content to place a duty on Welsh Ministers to make provision on assessment arrangements in regulations. I trust that Members know that my experience in the Senedd on the other side of the aisle means that I am wholly committed to appropriate scrutiny of secondary legislation, and in recognition of this, we have applied the affirmative procedure to powers and duties where it appropriate, proportionate and practical to do so.

I have accepted two of the recommendations to apply the draft affirmative procedure made by the LJC committee. First, I will bring forward Government amendments that will require that the RSE code and any subsequent revisions be subject to the affirmative procedure, as I recognise this is an area of wider public interest. Second, as the power under section 50 has a general role, I agree that I will bring forward amendments so that any regulations on further exceptions to the curriculum would also be subject to the affirmative procedure.

The changes to the curriculum in September 2022 will be significant, and I will publish our curriculum implementation plan and an outline research and evaluation programme early in the new year. These will set out how we will learn more about the progress and cost of curriculum reform, to report on these in the next Senedd. In my letters to the CYPE committee and the Finance Committee in the autumn, I committed to update the regulatory impact assessment to reflect information provided by our key stakeholders. I recognise the importance of having as much clarity as possible on this important matter.

I will not be accepting the amendments relating to the United Nations Convention on the Rights of the Child. Quite simply, that is aimed at states, and it is not aimed at front-line service providers. Through this Bill, headteachers and governing bodies of schools will be obliged to design, adopt and implement a curriculum that includes learning on children's rights and the UNCRC. The proposed curriculum provides clear guidance on human rights learning and education, including an explicit reference to children's rights and the UNCRC. It is specific and practical duties, however, on public bodies that will result in improved outcomes, and this is very much the approach that we will take.

The progression code and the 'what matters' code are technical professional documents co-constructed with practitioners. The negative procedure means that we recognise the central importance of practitioners' professional judgment and provides the flexibility for changes to be made as needed, and I'm afraid that opening these to the affirmative procedure would call into question the validity and the trust that our process has in our professionals.

In conclusion, Presiding Officer, this is an important step on our journey to a curriculum for Wales, and another landmark moment for our national mission to raise standards for all. As I've said, I'm grateful for the committees' work to date on these matters, and I look forward to the debate amongst colleagues this afternoon. Diolch yn fawr.