9. Legislative Consent Motion on the Skills and Post-16 Education Bill

Part of the debate – in the Senedd at 5:58 pm on 11 January 2022.

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Photo of Jeremy Miles Jeremy Miles Labour 5:58, 11 January 2022

I note and accept both committees' concerns about the delays with laying the initial legislative consent memorandum, and the subsequent supplementary memoranda to the Bill. On this occasion, we did not have sight of all the provisions impacting Wales until just before the Bill was introduced to Parliament. Additionally, the UK Government's devolution analysis differed from our own, and this unfortunately resulted in protracted discussions to seek to resolve matters. I'm pleased that the UK Government has, however, responded positively to our requests for amendments, and I believe that the Bill, as amended at Commons Committee Stage, now respects devolved competence in the area of education.

The only clause requiring Senedd consent is clause 15, which modifies the Teaching and Higher Education Act 1998 in a manner that impacts on the functions that have been devolved to the Welsh Ministers. Those functions concern powers to make regulations in respect of student support, and are exercisable concurrently by the Welsh Ministers and the Secretary of State in relation to Wales. The modifications only apply in respect of the Secretary of State's functions, and they leave the Welsh Ministers' functions intact. And on that basis, I ask Members to give their consent to the inclusion of clause 15 in the Bill.