Part of the debate – in the Senedd at 5:55 pm on 11 January 2022.
Thank you, Llywydd. I move the motion. I welcome this opportunity to explain the background of this LCM, and to outline why I recommend that the Senedd gives its consent to provision made in the Skills and Post-16 Education Bill. I'm grateful to the Children, Young People and Education Committee for considering the LCM and for the report that they drew up in December. I welcome the correspondence with the committee Chair, and I hope that the responses respond to the questions raised by the committee. I'm also grateful to members of the Legislation, Justice and Constitution Committee for their consideration and the report published in November, and I note that the committee published a further report yesterday.
I welcome the conclusions and recommendations made by both committees, and I would like to discuss some of those points today. Specifically, I note that both committees consider that the consent of the Senedd is required for what was clause 35 of the Bill as introduced in the House of Commons, which is now clause 31. And I believe that the clause that we're discussing is clause 32 of the Bill, as amended in the Committee Stage in the House of Commons. I don't agree with that conclusion. The main provisions made by this clause relate to further education in England, and the provision made in relation to Wales only restates and explains existing law. These changes are consequential to the provision made for England.
Standing Order 29.1 makes an exception for related and consequential provisions, and supplementary and saving provisions, and in my view, the provision made in Wales by this clause is consequential to the provision made for England, and relates to an issue that is not within the legislative competence of the Senedd. So, this clause is not included in the legislative consent memoranda that I have tabled for consideration by the Senedd.