Item 7, the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021. I call on the Minister for Education and the Welsh Language—Jeremy Miles.

Motion NDM7750 Lesley Griffiths

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

1. Approves that the draft The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 is made in accordance with the draft laid in the Table Office on 22 June 2021.
 

Motion moved.

Thank you, Deputy Llywydd. I'd like to draw Members' attention to a technical scrutiny point raised by the committee in its report. As is explained in the Government's response to the report, this is a typographical error, as section 13(7) doesn't exist in the Additional Learning Needs and Education Tribunal (Wales) Act 2018. The reference should be to section 13(1).

The Government originally proposed to deal with this via the correction slip method available in some circumstances. However, instead, I propose to replace 'section 13(7)' with 'section 13(1)' on making the regulations, should these be approved by the Senedd today. I am happy to make it clear that there is no substantive change in effect to the regulations and it does not change the meaning of the legislation. However, I do believe that it should be corrected to avoid misleading readers, and it is better to make the law, obviously, correctly in the first place than to rely on remedies that are available at a later date. Members will also wish to note that the explanatory memorandum has been amended to reflect incorrect references that were noticed post laying, including that in the committee's report. These have now been corrected.

In terms of the regulations themselves, the provisions in these regulations make consequential amendments to a number of other enactments. Most of the primary legislation that we are seeking to amend relates directly to education, such as the Education Acts of 1997, 2002 and 2005. However, we are also seeking to amend legislation that covers broader areas, including the Local Government Act 1974 and the Wales Act 2017, such will be the impact of the reforms to the special educational needs system. 

It is important to note that these regulations, if passed, will make only minor or technical changes to existing legislation that are necessary to enable the ALN system to function as intended. These amendments do not have any impact on the policy intent of the ALNET Act, the ALN code or other ALN-related regulations, nor will there be any costs associated with implementing these regulations.

Most of these amendments will update soon-to-be outdated terminology found in other Acts, such as changing 'special educational needs' to 'additional learning needs'. The name of the tribunal that deals with appeals against certain decisions about a child or young person and their education will also change from the Special Educational Needs Tribunal for Wales, SENTW, to the Education Tribunal for Wales. 

The reforms to the SEN system have, of course, been a long time coming. I'm grateful to my predecessors for taking through these important pieces of legislation, and now invite Members to support these consequential amendments ahead of the beginning of our phased implementation. Diolch.

I call on the Chair of the Legislation, Justice and Constitution Committee, Huw Irranca-Davies.

Diolch yn fawr iawn, Dirprwy Lywydd. The Legislation, Justice and Constitution Committee considered these regulations yesterday morning, and the Minister will be pleased to know, and this Siambr will be pleased to know, that my contribution this afternoon will be very brief indeed, on one small matter.

As the Minister has mentioned, our scrutiny of the draft regulations identified what was a typographical error in regulation 11(2), meaning that the wrong provision in the Additional Learning Needs and Education Tribunal (Wales) Act 2018 had been referenced.

I welcome the Minister’s commitment to correct the error, so that the regulations refer to section 13(1) of that Act, before the regulations are signed into law and published. I also welcome the Minister's timely action to correct the accompanying explanatory memorandum. That is it, Dirprwy Lywydd.

Thank you, Minister, for allowing us the opportunity to address the amendments to the additional learning needs and education tribunal Act, legislation that promises to have a substantial impact on education in Wales.

Though initial discussions on this Act predate my election, I understand that following—[Inaudible.] 

[Inaudible.]

Yes. Okay. The only thing is, unless it's through the microphone, I'm not going to be able to hear what you say. Anyway, shall I start from the start?

I think you should start from the beginning, in case we missed it.

Yes, I can hear you now—perfect. Okay, thank you, Dirprwy Lywydd, and thank you, Minister, for allowing us the opportunity to address the amendments to the additional learning needs and education tribunal Act, legislation that promises to have a substantial impact on education in Wales.

Though initial discussions on this Act predate my election, I understand that, following early consultation on the ALN Act in 2017, it was agreed that supporting pupils with healthcare needs would sit within its framework, but now it seems that this is not the case. Schools in Wales will not be able to seek additional funding through the ALN funding stream, yet will still be expected to support pupils with complex medical needs, such as type 1 diabetes, and this was something that was brought up as well last week in the cross-party group on diabetes.

I understand that the ALN Act is designed to remove the barriers that children have with their learning, and having a disability does not necessarily impose a barrier on learning. But the reality is that conditions like type 1 diabetes are extremely complex, and those who suffer from high or low blood sugars, which will almost certainly occur during the day, can experience confusion, loss of concentration and blurred vision. As highlighted earlier in the meeting, children can also suffer psychological problems with the injection of insulin and food restrictions, and this can cause mental health issues in their teenage years and later in life. Schools, as a result of the current ALN, could be forced to make decisions regarding staff resources that may prevent a school from offering educational interventions, such as literacy catch-up sessions, as staff members are instead identified to ensure that the safety needs of those pupils covered by the ALN are monitored and supported. Support for schools to provide the care and provision for additional learning will be crucial to helping provide the best care for disabled children.

I'm sure every party will want to see the success of this legislation, however there remains considerable concern from groups, such as Diabetes UK, regarding unintended consequences that the additional learning needs and education tribunal Act could have when the provision for care is removed. In light of these concerns, can the Minister agree to relook at the situation again? Thank you.

I call on the Minister for Education and the Welsh Language to reply to the debate.

Thank you, Deputy Presiding Officer, and I thank the committee Chair for his comments on how we intend to deal with the questions that have arisen in terms of the typographical errors, and for his support for what we're intending to do to deal with that error.

With regard to the Member’s point about the scope of inclusion within the ALN provisions, as he says, there is significant funding committed to support the implementation of the ALN Act and delivery of the wider ALN transformation programme. But the points he raised in the debate today, in particular around the inclusion or exclusion of diabetes, is something I will write to him about if he’s content with that. But I will give him the reassurance that the arrangements that I’m seeking the consent of the Chamber for today are effectively ones that make other legislation work in a way that is consistent with the ALN legislation. So, they’re technical amendments to other legislation, which are consequential to the existing passage of the ALN Bill itself. So, they’re technical in that sense. But if he’s content, I’d be very happy to write to him about the specific points that he’s raised today.

The proposal is to agree the motion. Does any Member object? No. The motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.

We will now suspend proceedings to allow changeovers in the Chamber. If you are leaving the Chamber, please do so promptly. The bell will be rung two minutes before proceedings restart. Any Members who arrive after a changeover should wait until then before entering the Chamber.

Plenary was suspended at 17:17.

The Senedd reconvened at 17:28, with the Llywydd in the Chair.