Group 1: Establishment of the Commission and appointment and terms of its members (Amendments 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 119)

Part of the debate – in the Senedd at 4:02 pm on 21 June 2022.

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Photo of Jeremy Miles Jeremy Miles Labour 4:02, 21 June 2022

Before I speak to the amendments in this group, I'd like to place on record my thanks to the committees and all the Members for their scrutiny of this Bill, and particularly to those Members who've tabled amendments to the Bill today. Whilst it has not been possible to agree all amendments, may I place on record my assurance to Members that I have considered carefully each and every amendment tabled?

Turning to the amendments in this group, as I indicated when this was tabled at Stage 2, I reject amendment 119, which delays the affected provisions being brought into force until 1 January 2024. This will prevent the making of any commencement Orders, including in respect of those powers necessary to make preparatory arrangements to support the implementation of the commission in a manner that ensures continuity of provision for the sector and supports a smooth transition to the commission. In establishing the new commission, the Bill will bring together for the first time the funding, oversight and regulation of tertiary education and research in Wales, putting learners at its heart. As I've previously stated, the change is overdue, and it's essential it can happen as soon as practicable, whilst ensuring the implementation is robust and that stakeholders are not overburdened. In respect of the internal market Act, which I think is the reference the Member was making, I can confirm I don't consider there are any implications for this Bill, and I don't consider it warrants a significant delay to the implementation. 

I also reject amendment 120, which requires Welsh Ministers to issue guidance to the commission with respect to the manner in which it should exercise its functions and also review that guidance annually. When speaking to the amendment, Laura Anne Jones referred to it providing for an annual remit letter, in effect, and I don't consider that this amendment would actually provide for that, and in general terms we want to move to a longer term horizon, rather than the annual arrangements currently in place. Critically, I don't consider the amendment supports the principle of the commission being an arm's-length body. Instead, it provides for a bureaucratic and onerous process that risks significantly affecting the commission's ability to take the long-term strategic view that we wish it to take.

I am confident that our approach of the commission operating at arm's length from the Government, within a strategic planning and funding framework, is the correct way forward to meet our ambitions. This approach would not, however, prevent us from providing the commission with an annual remit letter, where necessary and appropriate, as that option remains part of the standard relationship between the Welsh Government and a sponsored body. In addition, section 20 of the Bill requires the commission to have regard to any guidance the Welsh Ministers may issue in respect of its functions under the Bill, the difference here being that guidance can be issued if needed as opposed to a duty to issue guidance on all of the commission's functions immediately, regardless of whether a need for such guidance has arisen. It is not my intention to issue guidance to the commission on all of their functions. As the national steward for tertiary education in Wales, I intend the commission to be provided with the autonomy to operate as an arm's-length body.

I also reject the remaining amendments in this group, which undermine the long-standing practice of ministerial appointments to public bodies. As I have confirmed during the previous stages, Llywydd, the chair and deputy chair and the chief executive will appear in front of the relevant Senedd committee for introductory hearings. In light of that, I call on Members to reject all the amendments in this group.