National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008. The noble Lord said: This order, which relates to safeguarding and promoting the well-being of children and young people in Wales, will confer legislative competence on the National Assembly for Wales under Section 95 of the Government of Wales Act 2006. The Order in Council process created by the 2006 Act provides an enhanced mechanism to enable the Assembly to achieve its legislative priorities. The order is subject to affirmative resolution in both Houses and to the approval of the National Assembly. It was considered in the other place earlier today. The powers being sought in the draft order will enable the Welsh Assembly Government to deliver on their aspirations for children and young people in Wales and to place greater emphasis on supporting those who are most vulnerable and disadvantaged. While the Welsh Assembly Government have had wide-ranging executive powers in respect of children and young people for many years, those powers have proved insufficient for them to achieve their aims. That is why they have sought legislative competence for the Assembly, so that primary legislation relating to Wales can be reformed. The Welsh Assembly Government’s principal aim is to consolidate and reform the law in relation to the safeguarding and welfare of all children and young people in Wales; to strengthen preventative measures; and to tackle child poverty. For some time there has been a growing difference of approach between England and Wales in the policy, planning and delivery structures for children’s services. Wales, for example, does not have children’s trusts. Children’s services in Wales are based on agencies working in partnership, with the director of social services and chief education officer responsible for the welfare of vulnerable and disadvantaged children and their families. The view of the Welsh Assembly Government is that the current restrictions in the law on child welfare limits them, in developing policies, to tackle Welsh solutions to child poverty and their agenda to strengthen support to vulnerable children and families. For this reason the draft order before you will insert a number of matters into Schedule 5 to the Government of Wales Act 2006, principally in the field of social welfare. These matters concern the provision of social care services, the making of arrangements and planning to help both vulnerable children and children and young people more generally, and those who care for children. The matters also cover adoption, fostering and the Children’s Commissioner for Wales. The draft order also inserts matters into the education and training and sport and recreation fields, ensuring that any Assembly legislation relating to children and young people can also cover aspects important to their welfare, such as play facilities and pre-school activities for children. Taken together, these matters will enable the Assembly to legislate to consolidate and reform the law relating to the safeguarding and welfare of all children and young people in Wales, consistent with the Welsh Assembly Government’s policy aims. On 15 July, the National Assembly considered and unanimously agreed the draft order before the Committee. Prior to that, the Constitution Committee of this House considered the proposed order and confirmed that it raised no issues of constitutional principle. It was also scrutinised by the Welsh Affairs Committee and a committee of the National Assembly for Wales. The Government are grateful to all those who worked so hard to examine the issues in the order prior to its presentation today. The process of scrutiny was rigorous and provided members of the committees, along with interested parties and stakeholders, with an opportunity to comment on, question and propose amendments to the proposed order. This led to significant improvements being made. I am pleased to say the committees supported the proposed order in principle. All recommendations arising from their scrutiny have been considered very carefully, and the draft order before the Committee reflects the outcome of those considerations. The Welsh Affairs Committee sought assurance that the order did not provide competence to allow the National Assembly for Wales to remove the defence of ““reasonable chastisement”” relating to the punishment of children. I recognise that that is a point of some controversy and debate in Wales, as it is in England. I make it absolutely clear that the draft order before us today does not provide scope to allow the Welsh Assembly Government to legislate to prohibit smacking. Following pre-legislative scrutiny, this order’s accompanying Explanatory Memorandum has been amended to make this point crystal clear. The Welsh Affairs Committee also recommended the inclusion of the UK Border Agency and the Welsh fire and rescue services in the list of bodies upon whom the Assembly could place a duty of co-operation to safeguard and promote the well-being of children and young people. I can confirm that the fire and rescue services are included by virtue of matter 15.2. The Draft (partial) Immigration and Citizenship Bill published in July, subject of course to widespread consultation, places this duty on the UK Borders agency as regards its activities across the UK. I am sure that the Committee would agree that it would be inappropriate and presumptive for this order to pre-empt that legislation by including the UKBA within the scope of the draft order, when a Bill is out for consultation, which both Houses will scrutinise with the greatest care in the usual manner in due course. The Welsh Affairs Committee recommended making it clear that the draft order did nothing to weaken the Children’s Commissioner’s powers in relation to whistleblowing. The Welsh Assembly Government fully agree that whistleblowing is an essential safeguard, but they wish to ensure that the Assembly can legislate on all aspects of the commissioner’s role and are concerned that making specific reference to whistleblowing could restrict its ability to do so. The draft order will enable the development in Wales of distinct legislation on child welfare, an area which has been devolved for many years. It will enable the Welsh Assembly Government to improve the lives of and outcomes for some of Wales’ most vulnerable children and families. It will enable the National Assembly to pass Assembly measures to ensure the welfare of all children and young people in Wales, to tackle poverty and social exclusion, to better define public bodies’ role in contributing to ending child poverty and to rationalise and consolidate the statute book on vulnerable children. This is sensible and worthwhile legislation and I commend the order to the Committee. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008. 28th Report from the Joint Committee on Statutory Instruments.—(Lord Davies of Oldham.)