Group 10: Consent for collaborating bodies (Amendments 23, 24, 25, 26. 27, 28, 29. 30, 35, 36, 44, 45, 46, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62)

Part of the debate – in the Senedd at 5:36 pm on 21 June 2022.

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Photo of Jeremy Miles Jeremy Miles Labour 5:36, 21 June 2022

Diolch Llywydd. The amendments in this group address the concerns of stakeholders and a recommendation of the Children, Young People, and Education Committee regarding provisions dealing with consent for the passage of funds to collaborating bodies. At Stage 2 I explained that removing these provisions in their entirety would not be appropriate as there remains a need to ensure funding passing from directly funded providers to other bodies is subject to appropriate controls. Ensuring that we have a general consent provision reflects the best of current practice, allowing the right conditions for innovation and partnerships, whilst keeping in place the necessary overarching protections. I consider that the amendments I've tabled today respond to the concerns of stakeholders and the committee, addressing the potential for unintended bureaucracy whilst retaining the necessary protection of public funds and, by extension, protecting learners and the tertiary education sector.

Amendments 23 to 30, 35 and 36, 44 to 46, 52 to 54, and 56 and 57 clarify that consent must be given prior to the passing of funds from a provider funded under Part 3 of the Bill to a collaborating body, and that such consent may be given in relation to a body with whom the directly funded provider is intending to collaborate, in addition to those with whom the provider is already collaborating or has collaborated.

Amendment 59 removes the power from section 107 of the Bill for the Welsh Ministers to make regulations, specifying the matters the commission must consider when deciding whether to consent to the passing of funds from a directly funded provider to a collaborating body. This amendment also clarifies that the commission may give consent generally, or in relation to a specific payment or a specific collaborating body. Amendment 55 is consequential on amendment 59.

Amendments 60 to 62 refine section 107 of the Bill. They protect the use of public funds and provide flexibility as to how the commission may give its consent to the passage of funds. The changes require the commission to apply a condition to its consent requiring directly funded providers to make arrangements ensuring financial resources paid to a collaborating body are managed efficiently and in a way that provides value for money.

These changes also clarify that, where consent has been given generally, the commission may withdraw, suspend or vary its consent in general, or in respect of a specific payment of a specific collaborating body. The existing protections in respect of the withdrawal, suspension or varying of consent remain, requiring the commission to give notice to providers and to have regard to any representations made in accordance with the notice.

Overall, the amendments in this group increase the commission's autonomy to determine appropriate consent arrangements by permitting consent to be given generally or in relation to a specific payment or a specific collaboration; clarify that providers may seek the commission's consent to the passage of funds to collaborating bodies that they are collaborating with already, or have collaborated with in the past, or propose collaborating with in the future; and ensure protection for the use of public funds. As such, Llywydd, I call on Members to support all the amendments in this group.