Draft Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024

Nia Griffith Excerpts

Tuesday 8th October 2024 General Committees

[The Parliamentary Under-Secretary of State for Wales (Dame Nia Griffith)]

I beg to move,

That the Committee has considered the draft Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024.

It is a pleasure to serve under your chairmanship, Mr Vickers, and indeed, it is a pleasure to lead my first debate of this nature as a Wales Office Minister. The draft order, which was laid on 21 May 2024, will make modifications to the list of devolved Welsh authorities in schedule 9A to the Government of Wales Act 2006 in the light of the Senedd’s Tertiary Education and Research (Wales) Act 2022.

The 2022 Act provided for the establishment of the new Commission for Tertiary Education and Research—also known as Medr—which came into operation from August this year. The commission is now the regulatory body responsible for the funding, oversight and regulation of tertiary education and research, encompassing all post-16 education in Wales. To that end, it took on the functions of the Higher Education Funding Council for Wales, which has been dissolved.

The Government of Wales Act established a delineation between devolved Welsh authorities and reserved public authorities. Devolved Welsh authorities are those that are accountable to Welsh Ministers and to the Senedd. Conversely, reserved public authorities are accountable to the UK Government and to Parliament.

Section 157A of the 2006 Act defines devolved Welsh authorities as a public authority whose functions

“are exercisable only in relation to Wales”

and which

“wholly or mainly…do not relate to reserved matters.”

The Commission for Tertiary Education and Research meets those conditions and is therefore a devolved Welsh authority.

In addition, a public authority is a devolved Welsh authority if it is included in the list in schedule 9A to the 2006 Act. That list also serves helpfully to confirm the public authorities that meet the definition. Section 157A(5) of that Act includes a power to amend that schedule so as to add, remove or revise entries to reflect changes in the landscape of devolved Welsh authorities.

Accordingly, this draft order, which was laid under the previous Administration, will remove the reference to

“The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru”,

which has been dissolved, and replace it with

“The Commission for Tertiary Education and Research or Comisiwn Addysg Drydyddol ac Ymchwil”

to reflect the changes brought about by the 2022 Act. This ensures that the list remains up to date.

In line with requirements in section 157A of the Government of Wales Act, I am pleased to confirm that the draft order was approved by the Senedd on 18 June. I also welcome the positive work that has taken place between the Wales Office and Welsh Government officials in preparing it. I therefore commend the order to the House.

--- Later in debate ---

[Dame Nia Griffith]

I thank the Opposition spokesperson for his contribution this morning, but I would just like to take issue with this: it is quite extraordinary that he can stand there and talk about funding—of all the things to talk about. We know that the settlement to the Welsh Government has been very considerably reduced over the last 14 years, and that has to lie at the feet of the former Government. That is entirely their responsibility, and how that very small cake is then divided up is an enormous challenge. But I digress, Mr Vickers, and I am sure that you as Chair would not wish me to dwell further on this issue.

I simply say that the order will make the changes to the list of devolved Welsh authorities in schedule 9A of the 2006 Act to take account of the establishment of the Commission for Tertiary Education and Research and the dissolution of the Higher Education Funding Council for Wales. I offer my thanks for the productive manner in which the UK and Welsh Governments have worked in preparing this draft order, and I commend it to the Committee.

Question put and agreed to.