The Tertiary Education and Research (Wales) Bill will bring together the funding, oversight and regulation of post-16 education under one body – the Commission for Tertiary Education and Research.
As our Bill Summary, explains, the Commission would have an estimated budget of around £800 million per year, meaning that it would control more funding than any other Welsh public body outside of the Welsh NHS. The Commission would oversee delivery of education to over 300,000 learners and students during an academic year.
On Tuesday 15 March, Members of the Senedd will debate the general principles of this complex and significant Bill. In this article, we outline some of the key things that you need to know ahead of that debate.
What would the Tertiary Education and Research (Wales) Bill do?
The Bill would establish the Commission for Tertiary Education and Research, a single public body with responsibility for the funding, oversight and regulation of tertiary education and research in Wales.
This is a big change to the way that post-16 education currently works. As the Minister for Education and the Welsh Language said when he introduced the Bill in November 2021:
For the first time in Welsh legislation, we will bring the following sectors together in one place: Wales's higher and further education, school sixth forms maintained by local authorities, apprenticeships, adult community learning, as well as responsibility for research and innovation.
The Explanatory Memorandum published alongside the Bill says that the Commission will help deliver a “tertiary education system which is centred on the learner and has excellence, equality and engagement at its heart”. The Bill will give the Commission powers to:
… shape tertiary education and research in Wales to better meet the needs of learners and employers, helping to build a stronger future economy, and promote greater cohesion across the sector and between compulsory and post-compulsory education within schools.
The Commission is likely to be a large and complex organisation with a remit that covers a wide-ranging sector. The Bill is proportionally complex, and has been subject to detailed scrutiny from three Senedd Committees.
“Broad general support” for the Bill
The Children, Young People and Education (CYPE) Committee published their report on the general principles of the Bill on 4 March 2022.
The CYPE Committee’s report reflects the complexity of the Bill and summarises some key concerns from stakeholders. Members of the Committee said that:
The Bill has broad general support from stakeholders, but all identified areas for amendment. We welcome the Bill and agree with the general principles, subject to further changes being brought forward.
The Committee makes 37 recommendations to the Welsh Government, including calling for changes to:
- Ensure the Commission’s governance “reflects the breadth of education provision and research, and the diversity of Wales”, for example by increasing worker and learner representation on the Commission;
- Strengthen the Commission’s duty to promote Welsh medium tertiary education and research and “reflect the ambition of Cymraeg 2050”;
- Define what the Bill means by “parity of esteem”, with specific recommendations for the Bill to include a balanced funding duty to ensure certain parts of the post-16 sector are not “lost”;
- Protect learner and student welfare, putting the voice of learners and students at the heart of the Commission’s decision making;
- Include a strategic duty to promote collaboration and competitiveness in research and innovation;
- Put in place safeguards around the Commission’s independence from Government, for example through amendments to ensure the Minister cannot change the Commission’s strategic plan without the Commission’s agreement.
Some stakeholders also raised concerns about the implementation of the Bill. Evidence from the Higher Education Funding Council for Wales (HEFCW) highlights a “clear risk to the implementation of the Bill’s provisions without clear plans in place for the vast range of operational matters required to ensure the Commission’s success”.
Members of the Committee note in their report that “much of the detail of how the Bill will work will be in the regulations”, and call for more information on these regulations before stage 2 proceedings begins.
The Minister is “considering potential amendments”
During their scrutiny of the Bill, CYPE Members questioned and wrote to the Minister. In his response to the Committee’s Chair, dated 14 February 2022, the Minister said that there are:
… areas where I am considering potential amendments based on the feedback and evidence provided by stakeholders to the Committee and directly to me and my officials.
These include:
- Institutional autonomy and academic freedom
- Ensuring both research and innovation and Welsh Language has appropriate prominence across the Bill
- Emphasising the importance of learner voice
- Ensuring consistency across funding powers, and increasing transparency in respect of the Commission’s funding decisions
The Minister also wrote that he anticipates “being able to provide a fuller picture in respect of the implementation plan for the Bill during Stage 2 of the Bill’s scrutiny”.
What stage is the Bill at now?
The Bill is currently at Stage 1 in the Senedd’s legislative process.
As we explain above, the Senedd’s CYPE Committee has taken evidence from stakeholders and the Welsh Government to scrutinise the Bill and publish their report. The Senedd’s Finance Committee. and Legislation, Justice and Constitution Committee have also published reports with recommendations for the Welsh Government.
Use this infographic to find out more about the legislative process in the Senedd:
What are the stages when the Senedd decides on new laws?
What happens next?
On 15 March all Members of the Senedd will have an opportunity to discuss the general principles of the Bill. Members will then vote on whether the Bill should progress to the next stage. The Bill will need to go through several more stages before it becomes law, and the final decision on that will rest with all sixty Senedd Members.
As the Committee Chair says in her forward to the report, “It is hoped that this Bill will help bring greater coherence and a clearer strategic vision to the sector”. The Committee went on to note that:
Throughout our scrutiny of the Bill the Minister has made it clear he is open to changing the Bill in some key areas. We welcome this open approach, and look forward to a positive response to the recommendations we make throughout the report.
We can expect a good deal more activity on this Bill, and we will keep you informed each step of the way.
Article by Rosemary Hill, Senedd Research, Welsh Parliament
