3. Topical Questions – in the Senedd on 26 October 2022.
1. Will the Government make a statement following the High Court ruling on Neath Port Talbot County Borough Council's education plans? TQ670
Diolch. There is a constituency link for the Minister for Education and Welsh Language, so I am responding on behalf of the Welsh Government. I understand the council has noted the court's judgment in respect of the Swansea valley proposal and are considering their next steps. The council has a period of time to decide if it will appeal, so any further consideration needs to await the council's decision.
Thank you. Following a request for a judicial review from Rhieni dros Addysg Gymraeg, the High Court ruled that the decision of Neath Port Talbot Council to open a huge English-medium school in Pontardawe was unlawful because they failed to assess its impact on the Welsh language and particularly on Welsh-medium education. The ruling has been described as being of national importance by Gwion Lewis, the barrister who brought the case forward, because it means, according to him, that plans that don't relate directly to the Welsh language and Welsh-medium education will need to assess their impact on the Welsh language. Whilst the ruling is good news for the Tawe valley, it does raise questions on the stance taken by the Welsh Government on the issue.
The Government's response to the case was that it was a matter for the local authority, but, before politicians like me and bodies like RhAG and Dyfodol i'r Iaith drew attention to the issue, in approving the outline business case the Government was clearly content, initially, with the way the consultation was carried out and agreed with what the judge called a misinterpretation of the Government's own policies in terms of school organisation and the 'Cymraeg 2050' policy.
I would, therefore, like to ask the Government to look into the fact that there wasn't an understanding in the education department of its own policies and to ensure that practical, cross-departmental support is available for the 'Cymraeg 2050' policy. How will the Government ensure that all of the Welsh in education strategic plans and the capital programmes include appropriate consideration of the impact of all developments on the Welsh language and also secure an understanding and capacity within local authorities in terms of planning the growth of the Welsh language across all departments?
Finally, in order to support the change of direction required in this particular case, will the Government commit to consider allocating the funding pledged to this flawed and damaging proposal to plan alternative provision that wouldn't damage the Welsh language in such a way, as long as those plans meet the needs of the sustainable learning communities programme?
Thank you. Well, going forward, obviously, the Minister for Education and Welsh Language's officials will work with the local authority. They will have to, obviously, consider what comes forward from Neath Port Talbot County Borough Council. As I say, the next thing is for them, obviously, to respond. My understanding is that officials did look at and consider WESP plans in the way that you suggested. In relation to funding, I think the Welsh Government have made it very clear to the local authority that, should the project change, they would, obviously, need to resubmit a business case and then the Minister's officials would again consider it.
Minister, I think it's important that we stress here that this was due to be a twenty-first century state-of-the-art school with local facilities for children with additional learning needs and a new pool as well, which is much needed in the community. But what must be made clear is the fact that local authorities perhaps need clearer guidance when consulting on issues such as these. This judgment—and it's worth noting that it was on one of the three counts—was that the council had acted unlawfully in, quote,
'failing to consult further after receipt of the Welsh language impact assessment with its consultation.'
End quote. So, what we need now is a clearer indication from the council on its next steps, so that it can provide clarity for schools, pupils and parents currently at Alltwen, Llangiwg and Godre'r Graig schools. So, given this ruling could have further implications for other school reorganisations across Wales and twenty-first century schools programmes in other council areas, what assurances can the Welsh Government give that this judgment will not affect future plans in the pipeline elsewhere, and what lessons can be learnt from this judgment on Neath Port Talbot Council?
Well, as I stated in my answer to Sioned Williams, the next step will be for the council to respond; it's a matter for them, then, to come to Welsh Government with their next steps. I'm sure the Minister—. As I mentioned at the outset of my answer, there is, obviously, a constituency link for the Minister for Education and Welsh Language, so, obviously, if it's something specific to do with the constituency, the First Minister will consider it. But, on your general point around guidance, I'm sure the Minister and his officials will have a look at the guidance to see if there is anything that could have been done to avert this. Whether it will have—. I'm sure that lessons can always be learnt, can't they, from anything like this. And again, I'm sure that officials will consider that.
I thank the Trefnydd.