8. The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021

Part of the debate – in the Senedd at 5:28 pm on 13 July 2021.

Alert me about debates like this

Photo of Julie Morgan Julie Morgan Labour 5:28, 13 July 2021

Diolch, Llywydd. I formally move the motion.

The draft Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 before you today will provide for the early expiry of the operation of the social care provisions contained within that 2020 Act. These draft regulations specifically relate to Part 2 of Schedule 12 to the 2020 Act, and section 15 of the 2020 Act, so far as it relates to Part 2 of Schedule 12.

The 2020 Act social care provisions modify certain duties of local authorities in relation to adult social care, under Parts 3 and 4 of the Social Services and Well-being (Wales) Act 2014. Members will recall that I wrote to them on 19 February, giving notice of my intention to suspend the operation of those provisions and regulations, and to give that suspension effect, this came into force on 22 March this year.

Local government has been absolutely clear that no local authority in Wales has implemented 2020 Act provisions. It is a reflection of the commitments and dedication of the leadership and workforce to explore ways to maintain care and support under very difficult circumstances. It is further evidence of the incredible response made by everyone within the social care sector and throughout Wales.

That doesn't mean that people have not experienced or made an active choice to make adjustments to their care and support due to the impact the pandemic has had on staffing and other vital resources, particularly within our local communities. The impact of COVID on older people, looked-after children, adults with learning disabilities and unpaid carers has been clear. That's why we ensured the 2020 Act maintained key protections, unmodified throughout the pandemic.

For example, we ensured the duties owed to people under the Equality Act 2010 remained unchanged, as have duties to have regard to the relevant conventions and principles relating to human rights, older people and disabled people. Similarly, we ensured that discussions and decisions relating to care and support were supported and informed by the specific ethical framework for social care, and we worked with the Disability Equality Forum to publish clear and comprehensive statutory guidance.

The Coronavirus Act 2020 is scheduled to automatically expire on 25 March 2022 unless the provisions are extended or, as in the case before you today, brought to an early end. I invite you to support the motion to expire these provisions early and approve the draft Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations. Diolch.