Therefore, I call on the Cabinet Secretary for Education, Lynne Neagle.

Motion NDM8638 Jane Hutt

To propose that the Senedd, in accordance with Standing Order 27.5, approves that the draft The Digital Government (Welsh Bodies) Regulations 2024 is made in accordance with the draft laid in the Table Office on 25 June 2024.

Motion NDM8637 Jane Hutt

To propose that the Senedd, in accordance with Standing Order 27.5, approves that the draft The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024 is made in accordance with the draft laid in the Table Office on 25 June 2024.

Motions moved.

The Llywydd took the Chair.

Diolch, Dirprwy Lywydd. I move the motions. The Tertiary Education and Research (Wales) Act 2022 provides for the establishment of the Commission for Tertiary Education and Research and the simultaneous dissolution of the Higher Education Funding Council for Wales. The commission will be the regulatory body responsible for the funding, oversight and regulation of tertiary education and research in Wales. Tertiary education encompasses higher education, further education and training, apprenticeships, sixth forms and adult community learning. I am today seeking to make the necessary amendments to legislation required as a result of the dissolution of HEFCW and in order to enable the commission to become operational on 1 August 2024. 

I will firstly turn to the Digital Government (Welsh Bodies) Regulations 2024. These regulations amend the list of relevant Welsh authorities in Part 2 of Schedule 8 to the Digital Economy Act 2017, removing HEFCW and adding the commission, so as to enable the commission to share data with the other public authorities listed for the purposes of combatting fraud against the public sector. HEFCW's current powers have been long-standing and, thankfully, have never been used. However, it is only fitting that the body that will replace them should have similar powers in the unlikely event they prove to be necessary.

In accordance with section 56(12) of the 2017 Act, we have carried out a public consultation, as well as having consulted with the specified persons. The proposed changes were supported.

The second statutory instrument before you today, the Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024, will ensure that existing primary and secondary legislation accurately reflects the legislative changes resulting from dissolution of HEFCW and the creation of the commission. As Members will be aware, we are adopting a phased approach to implementing the 2022 Act, and these consequential regulations reflect the staged nature of commencement and primarily replace references to HEFCW in existing legislation with references to the commission.

I ask Members to approve these regulations today.

I now call on the Chair of the Legislation, Justice and Constitution Committee, Mike Hedges.

Diolch, Llywydd. The committee considered both of these sets of draft regulations last week, and our reports are available from today’s agenda.

The committee did not report any issues with the draft Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024. My comments this afternoon will focus on the committee’s report on the Digital Government (Welsh Bodies) (Wales) Regulations 2024.

The committee’s report on the digital government regulations contains two merits reporting points. The first merits point seeks clarity from the Welsh Government as to whether or not a regulatory impact assessment has been carried out in relation to the regulations, because there is conflicting information between the explanatory note and the explanatory memorandum. The Welsh Government has acknowledged that the statement in the explanatory note is incorrect, and it is the information in the explanatory memorandum that is correct. The explanatory memorandum explains that, whilst the regulations would not require a regulatory impact assessment in their own right, they are within the scope of the assessment that accompanied the Tertiary Education and Research (Wales) Act 2022.

The Government has committed to amend the explanatory memorandum to make matters clearer. We would welcome confirmation from the Cabinet Secretary in her closing remarks that the statement in the explanatory note will also be corrected before the regulations are signed into law.

The second merits point highlights information specifically drawn to the committee’s attention in the explanatory memorandum, namely that, in making these regulations, the Welsh Ministers are exercising a Henry VIII power available to them.

I have no other speakers. Cabinet Secretary, if you want to respond.

Thank you, Llywydd, and it was very remiss of me not to thank LJC for their scrutiny of these regulations, and I'm very happy to provide the assurances that the Chair has asked for today. I ask Members to support these regulations. 

The proposal is to agree the motion under item 5. Does any Member object? No, therefore the motion is agreed. 

Motion agreed in accordance with Standing Order 12.36.

The proposal is to agree the motion under item 6. Does any Member object? No, there is no objection to that, therefore that motion is also agreed.

Motion agreed in accordance with Standing Order 12.36.

There is a proposal under Standing Order 12.24 to debate the general principles and financial resolution in respect of the Senedd Cymru (Electoral Candidates Lists) Bill. The proposal is that they are grouped for debate, but with separate votes. If everyone is content with that, we will do that. There are no objections to that.