Decision details

Higher Education (Wales) Bill - Stage 2: Consideration of Amendments

Decision Maker: Children, Young People and Education Committee - Fourth Assembly, Business Committee - Fourth Assembly, Plenary - Fourth Assembly

Is Key decision?: Yes

Purpose:

A Government Bill, introduced by Huw Lewis, Minister for Education and Skills.  The Business Committee remitted the Bill to the Children, Young People and Education Committee.

 

About the Bill

 

The Higher Education (Wales) Bill seeks to legislate to:

  • ensure robust and proportionate regulation of institutions in Wales whose courses are supported by Welsh Government backed higher education grants and loans;
  • safeguard the contribution made to the public good arising from the Welsh Government’s financial subsidy of higher education;
  • maintain a strong focus on fair access to higher education; and
  • preserve and protect the institutional autonomy and academic freedom of universities.

 

The Bill seeks to achieve these objectives through:

  • establishing a new regulatory framework applicable to all providers of higher education in Wales which seek automatic designation of their higher education courses for the purpose of student support;
  • ensuring the new regulatory controls do not rely on HEFCW providing funding to those institutions and providers;
  • requiring all higher education providers that benefit from the Welsh Government’s financial subsidy in the form of statutory student fee loans or grants to have charitable status;
  • requiring all higher education providers whose courses are automatically designated for statutory student support to commit to activity in support of equality of access to higher education; and
  • building, as far as possible, on the existing system of controls established by HEFCW under its terms and conditions of funding.

 

Current Stage

 

The Higher Education (Wales) Act 2015 (external website) became law in Wales on 12 March 2015 (external website).

 

Welsh Glossary (Only available in Welsh) (PDF, 123KB)

 

Record of Passage in the National Assembly for Wales

 

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

 

Stage

 

 

Bill introduced – 19 May 2014


Higher Education (Wales) Bill, as introduced (PDF, 215KB)

Explanatory Memorandum (PDF, 1.0MB)

Presiding Officer’s Statement: 19 May 2014 (PDF, 126KB)

Business Committee’s Report on the timetable for consideration of the Bill: 19 May 2014 (PDF, 56kb)

Table of Derivations (PDF, 283KB)


Policy Intent Statement (PDF, 256KB)

 

Stage 1 - Committee consideration of general principles


Consultation -
public consultation closed on 20 June 2014

 

 

The Committee considered the Bill on the following dates:

5 June 2014
11 June 2014
19 June 2014 (PDF, 427KB)
25 June 2014 (PDF, 538KB)
9 July 2014 (PDF 448KB)
17 July 2014 (private)

 

Committee Stage 1 Report (PDF, 642KB)

 

Constitutional and Legislative Affairs Committee report (PDF, 713KB)

 

Letter from the Minister for Education and Skills following the Stage 1 commitment to provide drafts of regulations (PDF, 421KB)

 

 

Stage 1  - Debate in plenary on general principles

 


A debate took place in Plenary on 14 October 2014.  The motion to agree the general principles of the Bill was agreed.

 

Financial Resolution


A Financial Resolution in relation to the Higher Education (Wales) Bill was agreed in Plenary on 14 October 2014.

 

Stage 2 - Committee consideration of amendments

 


Stage 2 consideration took place on Wednesday 5 November (PDF, 591KB) and Thursday 13 November.

 

Notices of Amendments

Notice of Amendments: 15 October 2014 (PDF, 65KB)

Welsh Government - Purpose and Effect table: 15 October 2014 (PDF, 63KB)

 

Notice of Amendments: 22 October 2014 (PDF, 76KB)

Welsh Government - Purpose and Effect table: 22 October 2014 (PDF, 74KB)

 

Notice of Amendments: 29 October 2014 (PDF, 100kb)

 

Marshalled List of Amendments: 5 November 2014 (PDF, 126KB)

 

Groupings of Amendments: 5 November 2014 (PDF, 61KB)

 

Marshalled List of Amendments: 13 November 2014 (PDF, 107KB)

 

Groupings of Amendments: 13 November 2014 (PDF, 64KB)

 

Higher Education (Wales) Bill, as amended at Stage 2 (PDF, 217KB)

 

Revised Explanatory Memorandum (PDF, 1.0MB)

 

 

Stage 3 - Plenary consideration of amendments

 


Stage 3 consideration and disposal of amendments took place in Plenary on 20 January 2015.

 

Notices of Amendments

 

Notice of Amendments: 7 January 2015 (PDF, 85KB)

Welsh Government - Purpose and Effect table: 7 January 2015 (PDF105KB)

 

Notice of Amendments: 13 January 2015 (PDF, 100KB)

 

Marshalled List of Amendments: 20 January 2015 (PDF, 113KB)

 

Groupings of Amendments: 20 January 2015 (PDF, 63KB)

 

Higher Education (Wales) Bill, as amended at Stage 3 (PDF, 237KB)

 

 

Stage 4 - Passing of the Bill in Plenary

 


The Bill was agreed by the Assembly in accordance with SO 12.36 on 27 January 2015.

 

Higher Education (Wales) Bill, As Passed (PDF, 234KB)

Higher Education (Wales) Bill, as passed (Crown XML)

 

Post-stage 4

 


The four week period of intimation has ended. Letters patent for the Bill have been submitted to Her Majesty The Queen for Royal Assent.

 

The Attorney General (PDF, 440KB), Counsel General (PDF, 141KB) and Secretary of State for Wales (PDF, 100KB) wrote to the Chief Executive and Clerk of the Assembly to advise that they would not be referring the Higher Education (Wales) Bill to the Supreme Court under Sections 112 or 114 of the Government of Wales Act 2006.

Date of Royal Assent

Royal Assent (PDF, 50KB) was given on 12 March 2015.

 

Contact information

 

This bill has been remitted to the Children, Young People and Education Committee

 

Clerk: Gareth Rogers

Deputy Clerk: Sarah Bartlett

Phone: 0300 200 6565

Email: SeneddCYPE@assembly.wales

Decisions:

The Chair said that the Committee would consider the amendments in the order in which the sections and schedules to which they relate, arise in the Bill.

The Committee disposed of the following amendments:

Section 27

Amendment 51 (Simon Thomas)

For

Against

Abstain

Paul Davies

Suzy Davies

Simon Thomas

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

5

5

0

As there was a tied vote, the Chair’s casting vote was applied in the negative, in accordance with Standing Order 6.20(ii). Therefore, Amendment 51 was not agreed.


Section 28

Amendment 52 (Simon Thomas)

For

Against

Abstain

Simon Thomas

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

Paul Davies

Suzy Davies

 

3

5

2

Amendment 52 was not agreed.

 

Amendment 57 (Simon Thomas)

For

Against

Abstain

Paul Davies

Suzy Davies

Simon Thomas

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

5

5

0

As there was a tied vote, the Chair’s casting vote was applied in the negative, in accordance with Standing Order 6.20(ii). Therefore, Amendment 57 was not agreed.

 

Amendment 28 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Simon Thomas

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

5

5

0

As there was a tied vote, the Chair’s casting vote was applied in the negative, in accordance with Standing Order 6.20(ii). Therefore, Amendment 28 was not agreed.

 

Amendment 58 - As Amendment 57 was not agreed Amendment 58 fell

Section 29

Amendment 59 was not moved on accordance with Standing Order 26.65

Amendment 29 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Simon Thomas

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

5

5

0

As there was a tied vote, the Chair’s casting vote was applied in the negative, in accordance with Standing Order 6.20(ii). Therefore, Amendment 29 was not agreed.

 

Amendment 60 was not moved on accordance with Standing Order 26.65

Amendment 30 - As Amendment 29 was not agreed Amendment 30 fell

Sections 30 and 31: No amendments were tabled to these sections, therefore these sections were deemed agreed.

Section 32

Amendment 11 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

Sections 33 to 35: No amendments were tabled to these sections, therefore these sections were deemed agreed.

Section 36

Amendment 12 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 13 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 14 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 55 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 55 was not agreed.

 

Amendment 56 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 56 was not agreed.

 

Section 37: No amendments were tabled to this section, therefore this section was deemed agreed.

Section 38

 

Amendment 15 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 16 – As amendment 9 was not agreed Amendment 16 fell

 

Amendment 17 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Section 39: No amendments were tabled to this section, therefore this section was deemed agreed.

Section 40

Amendment 18 - As amendment 9 was not agreed Amendment 18 fell

 

Section 41 to 44: No amendments were tabled to these sections, therefore these sections were deemed agreed.

Section 45

Amendment 41(Aled Roberts)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 41 was not agreed.


New Section

Amendment 2 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).


New Section

Amendment 3 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

Section 46: No amendments were tabled to this section, therefore this section was deemed agreed.

Section 47

Amendment 31 was withdrawn in accordance with Standing Order 26.66

Section 48

Amendment 19 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 20 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 21 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

 

Section 49

 

Amendment 22 - As amendment 9 was not agreed Amendment 22 fell

 

Sections 50 and 51: No amendments were tabled to these sections, therefore these sections were deemed agreed.

Section 52

Amendment 32 (Suzy Davies) was agreed in accordance with Standing Order 17.34 (i).

 

Amendment 33 (Suzy Davies) was agreed in accordance with Standing Order 17.34 (i).

Amendment 34 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 34 was not agreed.

 

Amendment 35 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 35 was not agreed.

 

Amendment 36 (Suzy Davies) was agreed in accordance with Standing Order 17.34 (i).

Amendment 37 (Suzy Davies)  was agreed in accordance with Standing Order 17.34 (i).

Amendment 23 was not moved in accordance with Standing Order 26.65

 

Amendment 38 (Suzy Davies)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 38 was not agreed.

 

New Section

Amendment 42 (Aled Roberts)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 42 was not agreed.

 

New Section

Amendment 53 (Simon Thomas)

For

Against

Abstain

Paul Davies

Suzy Davies

Bethan Jenkins

Aled Roberts

John Griffiths

Joyce Watson

David Rees

Lynne Neagle

Ann Jones

 

4

5

0

Amendment 53 was not agreed.

 

Sections 53: No amendments were tabled to this section, therefore this section was deemed agreed.

Section 54

Amendment 24 (Huw Lewis) was agreed in accordance with Standing Order 17.34 (i).

Sections 55 to 57: No amendments were tabled to these sections, therefore these sections were deemed agreed.

Schedule: No amendments were tabled to the schedule, therefore the schedule was deemed agreed.

Publication date: 18/11/2014

Date of decision: 13/11/2014

Decided at meeting: 13/11/2014 - Children, Young People and Education Committee - Fourth Assembly

Accompanying Documents: