We're going to go on to item 7, which is the Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021. I call on the Minister for Education to move that motion—Kirsty Williams.

Motion NDM7643 Rebecca Evans

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

1. Approves that the draft The Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021 is made in accordance with the draft laid in the Table Office on 23 February 2021.

Motion moved.

Thank you, Deputy Presiding Officer. I move the motion to approve the Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021. The Order addresses recommendation 21 of the Children, Young People and Education Committee in their report on the teachers' professional learning and education inquiry, namely that the

'remit of the Education Workforce Council should be extended to provide it with power to suspend teachers in appropriate circumstances.'

However, it's important that I point out that the Order goes further in that it will enable the council to suspend all categories of registered persons, not only schoolteachers. Interim suspension orders are commonly used by professional regulators in Wales and the United Kingdom as a means to temporarily suspend a person's registration whilst a serious concern is being investigated, or pending the outcome of criminal proceedings relating to serious charges. An interim suspension order will not be a disciplinary order, but instead a temporary measure to be taken pending an investigation and a disciplinary hearing.

A person can appeal against the imposition of an interim suspension order, and it will be subject to regular review. The maximum period for which an interim suspension order may have an effect, without an application to the High Court for an extension, is 18 months. The decision to impose an interim suspension order would not involve a final determination of facts relating to the allegations in the case. The primary purpose of the imposition of an interim suspension order is to ensure the protection and safeguarding of children and young people, as it would ensure that an individual who has a very serious allegation made against them would not continue to have the status of a registered person while the investigative and disciplinary processes are being carried out. 

The Government believes that the Order provides a significant additional safeguarding protection to children and young people, and therefore I ask Members of the Senedd to approve the Order before us today.

I call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Diolch, Dirprwy Lywydd. We considered these regulations at our meeting yesterday morning, and our report contains only one merits point, which I will briefly summarise for Members this afternoon. Article 12 of this Order makes provision in connection with an application for review of an interim suspension order by the person to whom it relates. Paragraphs 1 and 2 of Article 12 set out the process and time periods within which certain actions must happen, as has been outlined by the Minister. Where the Education Workforce Council must convene a hearing, the effect of paragraphs 1 and 2 means that it could have very little time to do so. In our report, we have provided an example to illustrate our point that there could be less than a day between a person submitting an application to the council that it reviews an interim suspension order, and then the council subsequently having to convene a hearing to consider the case. In its response to our report, the Welsh Government has acknowledged the timings as set out in our example. The Government’s response also advises that the Order has been drafted following input from stakeholders, including the council, which did not express any concern with regard to the timescales presented. Diolch, Dirprwy Lywydd.

I have no Members who wish to speak and I have nobody who has indicated they want to make an intervention. Therefore, I'll call the Minister to reply to that debate.

Can I thank Mick Antoniw and his committee for their consideration of the Order? I'd just absolutely reinforce the point that not only did the Education Workforce Council perceive there to be no problems with the timing issues highlighted by Mick Antoniw, but that these suspension order powers are very much welcomed by the Education Workforce Council. They have been asking for them for a considerable period of time, and I'm delighted, even as we come to the end of this Senedd term, that we've been able to respond positively to both the request of the EWC but also the children and young people committee. Thank you, Deputy Presiding Officer.

The proposal is to agree the motion. Does any Member object? I don't see objections. Therefore, in accordance with Standing Order 12.36, the motion is agreed.

Motion agreed in accordance with Standing Order 12.36.