LEGISLATIVE CONSENT MEMORANDUM
EDUCATION BILL
Draft Legislative Consent Motion
1. The draft motion, which will be lodged by the Cabinet Secretary for Education and Lifelong Learning, is-
"That the Parliament agrees that the relevant provisions of the Education Bill, introduced in the House of Commons on 26 January 2011, in consequence of the abolition of the Young People's Learning Agency, so far as these matters fall within the legislative competence of the Scottish Parliament or the executive competence of the Scottish Ministers, should be considered by the UK Parliament."
B ackground
2. This memorandum has been lodged by Michael Russell, Cabinet Secretary for Education and Lifelong Learning, under Rule 9.B.3.1(a) of the Parliament's standing orders. The Education Bill ("the Bill") was introduced in the House of Commons on 26 January 2011 (to be confirmed). The Bill can be found at:
http://www.publications.parliament.uk/pa/cm201011/cmbills/137/11137.i-v.html
Content of the Education Bill
3. The Bill covers a wide range of issues that are devolved to the Scottish Parliament. Its main provisions, therefore, are primarily relevant to England and Wales.
- Part 1 makes provision regarding interest rates for student loans;
- Part 2 makes provision for free early years provision for some two year- olds, and for establishments to charge for other early years provision in excess of the statutory requirements.
- Part 3 makes provision relating to discipline in schools, giving members of staff greater powers and removing existing requirements;
- Part 4 relates to the school workforce, abolishing the General Teaching Council for England, seeking to establish reporting restrictions on alleged teacher misconduct, and abolishing the Training and Development Agency for Schools and the School Support Staff Negotiation Body;
- Part 5 includes a requirement for schools to participate in international surveys, amends the functions of Ofqual (Her Majesty's Chief Regulator of Qualifications and Examinations), abolishes the Qualifications and Curriculum Development Agency, and repeals the entitlement to a diploma;
- Part 6 makes provision relating to school governance and inspections;
- Part 7 makes a range of provisions regarding academies, to widen the scope for different types of schools to become academies and to regulate their establishment and ongoing arrangements;
- Part 8 makes provisions regarding post-16 education and training, including abolishing the Young People's Learning Agency for England, arrangements for apprenticeships, raising the age to which young people must participate in education or training and further detailed provision regarding schools and FE institutions; and
- Part 9 makes minor amendments to the powers of the National Assembly for Wales in relation to education and training.
4. The Legislative Consent Motion (LCM) relates to clause 64 in Part 8 of the Education Bill, which repeals sections 60 to 80 of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA). Sections 68 and 69 of ASCLA extend to Scotland and confer devolved functions on the Scottish Ministers in relation to the Young People's Learning Agency, and the UK Parliament seeks the consent of the Scottish Parliament to repeal these provisions in so far as they relate to Scotland.
5. Provision in Part 8 of the Bill would abolish the Young People's Learning Agency, established by ASCLA. Most of the provisions in that Act extend to England and Wales only. However, sections 68 and 69 of the Act extend to Scotland, conferring functions on the Scottish Ministers.
6. Section 68 provides that the Scottish Ministers are a "permitted recipient", enabling them to make arrangements with the Young People's Learning Agency for the provision of services in connection with the exercise by the Scottish Ministers of their functions relating to education and training. Section 69 provides that the Young People's Learning Agency may, with the consent of both the Secretary of State for Education and the Scottish Ministers, take part in arrangements for assisting persons to select, train for, obtain and retain employment in Scotland.
Reasons for seeking a Legislative Consent Motion
7. The consent of the Scottish Parliament is sought in relation to clause 64 of the Bill, in so far as that provision repeals functions conferred on the Scottish Ministers in consequence of the abolition of the Young People's Learning Agency for England [number to be confirmed when Bill is published].
8. The LCM is required as the, unexercised, functions of Scottish Ministers which relate to the procurement of services from the Young People's Learning Agency will be removed in consequence of the abolition of the agency. This is a removal of devolved functions from the Scottish Ministers. Legislative consent is therefore required under the Sewel Convention.
9. It is appropriate that the Education Bill makes provision for this matter as there is no suitable Scottish Parliament Bill or statutory instrument in process that could be used to make the necessary changes in a timely manner and separate legislation for this minor, technical matter would be disproportionate.
Financial implications
10. There are no financial implications.
Conclusion
11. The view of the Scottish Government is that it is in the interests of good governance and clear legislation that, so far as these matters relate to the legislative competence of the Scottish Parliament or the executive competence of Scottish Ministers, they should be considered by the UK Parliament.
SCOTTISH GOVERNMENT
January 2011